The Supreme Court’s decision in A.M. No. 2008-05-SC addresses the issue of habitual absenteeism among court employees. The Court ruled that Ms. Nahren D. Hernaez, a utility worker, was guilty of habitual absenteeism and conduct prejudicial to the best interest of the service. Because she had already been dropped from the rolls for being absent without leave (AWOL), the Court imposed a fine of Five Thousand Pesos (P5,000.00) to be deducted from her benefits, taking into account mitigating circumstances related to her health.

From Vertigo to Violation: When Absences Undermine Public Trust

This case revolves around the unauthorized absences of Ms. Nahren D. Hernaez, an employee of the Supreme Court. The central legal question is whether her frequent absences constitute habitual absenteeism and conduct prejudicial to the best interest of the service, thereby warranting disciplinary action. The case highlights the importance of punctuality and diligence in public service, particularly within the judiciary, to maintain public trust and ensure the efficient administration of justice.

The Office of Administrative Services (OAS) brought to the Court’s attention Ms. Hernaez’s excessive unauthorized absences. Under Civil Service Commission (CSC) rules, an employee is considered habitually absent if they exceed the allowable 2.5 days of monthly leave credit for at least three months in a semester or three consecutive months during the year. Ms. Hernaez’s absences in September, November, and December 2007, along with January 2008, clearly surpassed this threshold.

Specifically, the OAS report detailed disapproved leave applications and a failure to report for work, despite directives to do so. The report also highlighted concerns regarding the validity of her sick leave applications, particularly in relation to a diagnosis of benign positional persistent vertigo. The OAS noted that the prescribed rest periods seemed excessive and that Ms. Hernaez had not complied with directives to undergo medical check-ups at the Supreme Court Clinic.

Adding to the gravity of the situation, Ms. Hernaez had a history of attendance-related issues. Previous memoranda from the OAS in 2003, 2006, and 2007 addressed her irregular reporting and warned of potential administrative charges. This pattern of behavior further supported the conclusion that her absences were not isolated incidents but rather a recurring problem.

The Court emphasized the critical role of judiciary employees in maintaining public confidence in the justice system.

Officials and employees of the judiciary must be role models in the faithful observance of the constitutional canon that public office is a public trust.

This principle necessitates strict adherence to office hours and a commitment to efficient public service. The Court cited Layao, Jr. v. Manatad, where an employee’s prolonged absence without leave was deemed conduct prejudicial to the best interest of public service, warranting dismissal. However, the Court also acknowledged that Ms. Hernaez had already been dropped from the rolls for being AWOL, rendering suspension an impractical penalty.

The Uniform Rules on Administrative Cases in the Civil Service prescribe penalties for habitual absenteeism and conduct prejudicial to the best interest of the service, ranging from suspension to dismissal. While the OAS recommended a twelve-month suspension, the Court took into consideration mitigating circumstances, particularly Ms. Hernaez’s health issues. This consideration is supported by Section 53(a) of the Uniform Rules.

Drawing an analogy from Reyes, Jr. v. Cristi, where a resigned employee was fined instead of suspended, the Court opted for a similar approach. Considering the mitigating circumstances and the impracticality of suspension, the Court imposed a fine of Five Thousand Pesos (P5,000.00) to be deducted from Ms. Hernaez’s benefits. This decision reflects a balance between upholding the importance of attendance and recognizing individual circumstances.

FAQs

What was the key issue in this case?	The key issue was whether Ms. Hernaez’s frequent unauthorized absences constituted habitual absenteeism and conduct prejudicial to the best interest of the service. The Court had to determine appropriate disciplinary action in light of her existing employment status.
What constitutes habitual absenteeism under CSC rules?	Under CSC rules, an employee is considered habitually absent if they incur unauthorized absences exceeding the allowable 2.5 days of monthly leave credit for at least three months in a semester or three consecutive months during the year. This is a strict threshold for defining excessive absenteeism.
What was the penalty for habitual absenteeism?	The Uniform Rules on Administrative Cases in the Civil Service prescribe penalties ranging from suspension of six months and one day to one year for the first offense, and dismissal for the second offense. The severity depends on the circumstances of the case.
Why was Ms. Hernaez fined instead of suspended?	Ms. Hernaez was already dropped from the rolls for being absent without leave (AWOL) at the time the decision was rendered, making suspension impractical. The Court opted for a fine of P5,000, deductable from her benefits.
What mitigating circumstances were considered?	The Court considered Ms. Hernaez’s health issues, specifically her diagnosis of benign positional persistent vertigo, as a mitigating circumstance. This factored into the decision to impose a fine rather than a more severe penalty.
What is the significance of public trust in this case?	The Court emphasized that judiciary employees must be role models in upholding public trust. This means adhering to office hours and diligently performing their duties.
What is considered Conduct prejudicial to the best interest of service?	An action that affects the credibility, competence, integrity or image of the public service like continuous absence without official leave. This will be detrimental to the service.
Are employees given ample notice before charges are made?	Yes. Ms. Hernaez had been issued various reminders about her work performance. It was emphasized to adhere to the rules.

This case underscores the importance of regular attendance and diligent performance of duties for all public servants, particularly those in the judiciary. It also illustrates the Court’s willingness to consider mitigating circumstances while upholding the principles of public accountability. Ultimately, this decision reinforces the need for court employees to prioritize their responsibilities and maintain the public’s trust in the justice system.

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: RE: FREQUENT UNAUTHORIZED ABSENCES OF MS. NAHREN D. HERNAEZ, A.M. No. 2008-05-SC, August 06, 2008