The Supreme Court ruled that an employee who fails to report to either their original post or a validly reassigned post, and does not file for leave, can be considered absent without official leave (AWOL) and validly dropped from the rolls, even if the reassignment order is later deemed void. This decision clarifies the responsibilities of employees contesting reassignment orders and ensures accountability in government service.

The Case of the Wandering Veterinarian: Duty, Reassignment, and the Perils of Unapproved Detours

Dr. Josefino E. Villaroman, head of the Office of the City Veterinarian (OCV) in Angeles City, found himself reassigned to the Mayor’s office. Claiming this was a form of constructive dismissal, he contested the reassignment but instead of returning to his original post, he reported to the Information and Communication Technology Department (ICTD). When the City Mayor dropped him from the rolls for being AWOL, Dr. Villaroman challenged the decision, arguing that his reassignment was invalid. This case brings to the fore the question: Can an employee be considered AWOL if they fail to report to either their original or reassigned post, even if the reassignment is later deemed void?

The Civil Service Commission (CSC) initially ruled the reassignment void but upheld the decision to drop Dr. Villaroman from the rolls due to AWOL. The Court of Appeals (CA) reversed this in part, stating that because the reassignment was void, Dr. Villaroman could not be considered AWOL. The Supreme Court, however, took a different stance, ultimately siding with the Office of the City Mayor. To fully grasp the Supreme Court’s rationale, it’s essential to delve into the specific facts, legal framework, and policy considerations that influenced the decision.

The heart of the matter lies in interpreting Section 93 (a) (1), Rule 19 of the Revised Rules on the Administrative Cases in the Civil Service (RRACCS), which states that an employee can be dropped from the rolls if they are AWOL for at least thirty (30) days. Absence Without Official Leave (AWOL) implies abandoning one’s post without justifiable reason or notifying the employer. In the case at hand, the Supreme Court acknowledged that Dr. Villaroman’s initial reassignment to the Mayor’s office was indeed invalid. However, the Court emphasized that Dr. Villaroman’s obligation did not simply vanish with the invalid reassignment. Instead, he was duty-bound to either report back to his original post at the OCV or formally apply for leave.

“Section 93. Grounds and Procedure for Dropping from the Rolls.- x x x
a. Absence Without Approved Leave

1. An officer or employee who is continuously absent without official leave (AWOL) for at least thirty (30) working days shall be separated from the service or dropped from the rolls without prior notice. He/ She shall, however, be informed of his/her separation  not later than five (5) days from its effectivity which shall be sent to the address appearing on his/her 201 files or to his/her last known address;

The Court distinguished this case from others where employees were deemed not AWOL because they either reported to their original workstations while contesting the reassignment or filed leave applications. The Supreme Court noted that Dr. Villaroman did neither. Instead, he reported to the ICTD without any valid authorization. The Court emphasized that an employee cannot unilaterally decide where they want to work. To be legitimately assigned to a specific office, there must be a valid personnel action taken following the proper procedures.

The Supreme Court highlighted the distinction between the functions of the OCV and the ICTD. While the ICTD focuses on information and communications technology, the OCV deals with animal-related activities and policies. The Court explicitly stated that Dr. Villaroman’s work at the ICTD could not be considered as attendance at work because he lacked the proper authority or any justifiable reason for being there. Therefore, he was rightly considered AWOL for failing to report to work for more than thirty days, which justified his removal from the rolls under Memorandum No. 33/12.

The Supreme Court’s decision underscores the importance of following proper procedures when contesting reassignment orders. Employees cannot simply choose a different workplace without authorization. This ruling serves as a stern reminder that public service demands accountability and adherence to established protocols. By failing to report to his original post or seek official leave, Dr. Villaroman effectively abandoned his responsibilities, leaving the Court with no option but to uphold his removal from the rolls.

This case reinforces the principle that government employees must continue fulfilling their duties, either at their designated posts or through approved leave, even while contesting administrative actions. The ruling aims to prevent disruption of public services and maintain order within government offices. Employees who believe their reassignment is unjust must use the appropriate legal channels while still fulfilling their obligations to the government.

FAQs

What was the key issue in this case?	The key issue was whether Dr. Villaroman was validly dropped from the rolls due to absence without official leave (AWOL). The Supreme Court addressed whether his failure to report to either his original post or apply for leave constituted AWOL, despite his contested reassignment being deemed void.
Why was Dr. Villaroman reassigned?	Dr. Villaroman was reassigned from his position as head of the Office of the City Veterinarian to the Office of the City Mayor. He viewed this reassignment as a form of constructive dismissal, prompting him to contest the order.
Where did Dr. Villaroman report for work after his reassignment?	Instead of reporting to the Mayor’s office or his original post, Dr. Villaroman reported to the Information and Communication Technology Department (ICTD), claiming it was connected to his original office. However, the Court found no valid basis for his presence there.
What does it mean to be dropped from the rolls?	Being dropped from the rolls means an employee is removed from the list of active employees, resulting in the termination of their employment. This action is typically taken due to AWOL or other serious violations of employment rules.
What is Absence Without Official Leave (AWOL)?	AWOL refers to a situation where an employee is absent from work without obtaining proper approval or providing a valid reason for their absence. Continuous AWOL for a specified period can lead to disciplinary actions, including dismissal.
What should an employee do if they believe their reassignment is invalid?	If an employee believes their reassignment is invalid, they should either report to their original post while contesting the reassignment order or file for leave. It is crucial to follow proper procedures and not unilaterally decide to work in a different department.
What was the basis for the Supreme Court’s decision?	The Supreme Court based its decision on Dr. Villaroman’s failure to report to either his original post or file for leave while contesting his reassignment. His unauthorized reporting to the ICTD was not considered valid attendance, thus justifying his AWOL status.
What is the practical implication of this ruling for government employees?	The ruling underscores the importance of accountability and adherence to proper procedures, even when contesting administrative actions. Government employees must continue fulfilling their duties or seek official leave, pending resolution of their disputes.

In conclusion, this case highlights the importance of following proper procedures within the government. Dr. Villaroman’s failure to adhere to these established protocols ultimately led to the upholding of his removal from the rolls. This decision serves as a clear reminder that public service demands accountability and respect for established processes, even when faced with perceived injustices.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: OFFICE OF THE CITY MAYOR OF ANGELES CITY, PAMPANGA VS. DR. JOSEFINO E. VILLAROMAN, G.R. No. 234630, June 10, 2019