The Supreme Court ruled that Laydabell G. Pijana, a Sheriff IV, be dropped from the rolls due to her prolonged absence without official leave (AWOL). This decision underscores the importance of adhering to the duties and responsibilities expected of public servants, emphasizing that continuous, unapproved absences can lead to removal from service. However, the Court clarified that this separation is non-disciplinary, preserving Pijana’s eligibility for benefits and future government employment, pending the resolution of other administrative cases against her.

The Case of the Missing Sheriff: Can Unexplained Absence Justify Removal?

This case originated from the unexplained absence of Laydabell G. Pijana, a Sheriff IV at the Regional Trial Court of Tagaytay City, Cavite, Branch 18. The records indicated that Pijana had not submitted her Daily Time Record (DTR) or filed any leave application since March 1, 2018, effectively rendering her absent without official leave (AWOL). The Office of the Court Administrator (OCA) brought this to the attention of the Supreme Court, leading to an administrative matter concerning her employment status. The central legal question revolved around whether Pijana’s prolonged unauthorized absence warranted her removal from service, considering the potential disruption to public service and the responsibilities of a court employee.

The OCA’s findings revealed that Pijana was still in the plantilla of court personnel, but no longer on the payroll, had no pending retirement application, and was not an accountable officer. However, nine administrative cases were pending against her. The OCA recommended that Pijana be dropped from the rolls, her position be declared vacant, and she be notified of her separation. The recommendation also stated that Pijana would still be entitled to benefits under existing laws and could be reemployed in the government, conditional on the outcome of her pending administrative cases. The Supreme Court, after reviewing the facts and recommendations, adopted the OCA’s findings.

The Court anchored its decision on Section 107, Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), which outlines the grounds and procedure for dropping employees from the rolls due to extended periods of absence without approved leave. This provision allows for the removal of employees who are continuously absent without official leave for at least thirty (30) working days, effective immediately, although the employee has the right to appeal within fifteen (15) days of receiving notice. The Court also cited Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, s. 2007, which reinforces the same principle.

Section 107. Grounds and Procedure for Dropping from the Rolls. ­ Officers and employees who are absent without approved leave, x x x may be dropped from the rolls within thirty (30) days from the time a ground therefor arises subject to the following procedures:

The Supreme Court emphasized that prolonged unauthorized absence causes inefficiency in the public service and disrupts the normal functions of the court. A court employee’s dereliction of duty violates the commitment to serve with responsibility, integrity, loyalty, and efficiency. The Court highlighted that a court personnel’s conduct carries a significant burden of upholding public accountability and maintaining public trust in the judiciary. By failing to report for work or file leave applications, Pijana disregarded her duties and failed to meet the required standards of public accountability.

The Court made it clear that this case was non-disciplinary in nature. It means Pijana’s separation would not result in the loss of accrued benefits or disqualification from future government employment. However, this was explicitly stated to be without prejudice to the outcomes of the nine pending administrative cases against her. This distinction is critical, as it underscores the difference between administrative actions taken for efficiency and those taken as disciplinary measures.

The decision underscores the balancing act courts must perform between maintaining an efficient public service and protecting the rights of employees. While unauthorized absences cannot be tolerated, especially in positions of public trust, the process must also be fair and consider the employee’s rights to due process and potential benefits. The court’s decision to drop Pijana from the rolls was not punitive but rather an administrative measure to address the disruption caused by her prolonged absence. The administrative process ensures accountability while providing avenues for redress.

This ruling also highlights the critical importance of proper record-keeping and compliance with administrative procedures in the public sector. The Court relied heavily on the records of the Employees’ Leave Division and the OCA to establish the fact of Pijana’s unauthorized absence. Public employees must adhere to leave policies and ensure that their absences are properly documented and approved. Government agencies need to maintain accurate records and promptly address unauthorized absences to avoid disruptions in service delivery.

FAQs

What was the key issue in this case?	The key issue was whether Laydabell G. Pijana’s prolonged absence without official leave (AWOL) justified her removal from her position as Sheriff IV. The Court considered the impact of her absence on public service efficiency and her responsibilities as a court employee.
What does ‘dropping from the rolls’ mean?	‘Dropping from the rolls’ is an administrative action where an employee is removed from the list of active employees due to prolonged unauthorized absence. This action is distinct from disciplinary measures and does not necessarily result in forfeiture of benefits or disqualification from future employment.
What is the required period of absence to be considered AWOL?	According to the 2017 Rules on Administrative Cases in the Civil Service and the Omnibus Rules on Leave, an employee who is continuously absent without approved leave for at least thirty (30) working days is considered on absence without official leave (AWOL).
Is being dropped from the rolls considered a disciplinary action?	No, dropping from the rolls due to AWOL is considered a non-disciplinary action. It is an administrative measure taken to address the disruption caused by the employee’s absence and ensure the efficiency of public service.
What happens to the employee’s benefits when dropped from the rolls?	When an employee is dropped from the rolls, they are generally still qualified to receive the benefits they are entitled to under existing laws. The separation does not automatically result in the forfeiture of benefits accrued during their employment.
Can an employee who was dropped from the rolls be reemployed in the government?	Yes, an employee who was dropped from the rolls due to AWOL may still be reemployed in the government. The separation is not a disqualification from future government employment, unless otherwise specified by other disciplinary actions or legal restrictions.
What is the basis for the Court’s decision in this case?	The Court based its decision on Section 107, Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) and Section 63, Rule XVI of the Omnibus Rules on Leave, which authorize the dropping from the rolls of employees absent without approved leave for an extended period.
Does the employee have any recourse if dropped from the rolls?	Yes, the employee has the right to appeal their separation within fifteen (15) days from receipt of the notice of separation, which must be sent to their last known address, as provided by Section 107 of the 2017 RACCS.

In conclusion, this case reiterates the importance of accountability and responsibility in public service. While the Court acknowledges the need for administrative efficiency, it also ensures that employees’ rights are protected during the process of separation due to unauthorized absences. The decision serves as a reminder to public servants to adhere to leave policies and maintain open communication with their offices to avoid disruptions and potential administrative actions.

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: DROPPING FROM THE ROLLS OF LAYDABELL G. PIJANA, G.R No. 64882, January 07, 2019