The Supreme Court affirmed the dismissal of Tyke J. Sarceno, a Clerk III, for habitual absenteeism and conduct prejudicial to the best interest of public service. Sarceno’s repeated unauthorized absences, totaling 92 days in 2009 and continuing into 2010, demonstrated a disregard for his duties and the standards expected of judiciary employees. This decision reinforces the principle that public servants must devote their full working time to public service and that habitual absenteeism undermines the integrity and efficiency of the Judiciary.

When a Public Trust is Broken: The High Cost of Absenteeism in the Judiciary

This case arose from the administrative complaint filed against Tyke J. Sarceno, a Clerk III at the Regional Trial Court in Manila, due to his excessive unauthorized absences. The Office of the Court Administrator (OCA) initially recommended the complaint after discovering Sarceno had incurred 92 days of unauthorized absences between June and September 2009. Despite being notified and required to comment on his absences, Sarceno’s attendance issues persisted, leading to further investigation and recommendations for his dismissal. His explanations for his absences included claims of abdominal pains, fever, and even gonorrhea, but he failed to provide adequate medical documentation for many of these absences.

The OCA emphasized that under Section 22(q), Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292, habitual absenteeism occurs when an employee incurs unauthorized absences exceeding the allowable monthly leave credit of two and a half days for at least three months in a semester or three consecutive months during the year. The court, in considering Sarceno’s case, highlighted the importance of maintaining the integrity and efficiency of the judiciary. The failure to adhere to prescribed office hours and the inefficient use of time were deemed detrimental to public service.

The Supreme Court referenced several precedents to underscore the severity of habitual absenteeism. For instance, in Judge Iluminada Cabatu vs. Felix Centino, the Court stressed that court officials and employees should strictly observe official time to inspire public respect for the justice system. The Court explicitly stated that “moral obligation, performance of household chores, traffic problems, health conditions, and domestic and financial concerns are not sufficient reasons to excuse habitual tardiness.” This reiterates the high standards expected of those serving in the judiciary. The OCA argued that Sarceno’s guilt could not be mitigated by his health problems or admission of guilt, as he repeated his mistakes despite expressing a resolve to improve.

Moreover, the court highlighted the principle that public office is a public trust, requiring public officers to serve with utmost responsibility, integrity, loyalty, and efficiency. The court found Sarceno guilty not only of habitual absenteeism but also of conduct prejudicial to the best interest of the public service. In Loyao v. Manatad, the Court considered a court employee’s prolonged absence as conduct prejudicial to the best interest of the public service because of its adverse effect of inefficiency in the public service, viz.:

Respondent Manatad’s habitual absenteeism has caused inefficiency in the public service. Time and again, this Court has made the pronouncement that any act which falls short of the exacting standards for public office, especially on the part of those expected to preserve the image of the judiciary, shall not be countenanced. Public office is a public trust. Public officers must at all times be accountable to the people, serve them with utmost degree of responsibility, integrity, loyalty and efficiency. A court employee’s absence without leave for a prolonged period of time constitutes conduct prejudicial to the best interest of public service and warrants the penalty of dismissal from the service with forfeiture of benefits.

The Court emphasized that conduct is prejudicial to the public service if it violates the norm of public accountability and diminishes – or tends to diminish – the people’s faith in the Judiciary. Sarceno’s actions were found to have compromised the integrity and image that the Judiciary seeks to preserve. The Court noted that even though this was Sarceno’s first offense, the OCA had recommended dismissal, which the Court deemed appropriate. The Court also acknowledged that it had previously imposed dismissal for AWOL offenses, even for first-time offenders, citing Loyao v. Manatad and Masadao v. Glorioso and Baldoz.

Ultimately, the Supreme Court aligned with the OCA’s perspective, stating that allowing Sarceno to remain in public service would set a detrimental precedent, tolerating incompetence and a lack of integrity. Given his continued absences despite promising to reform, the Court denied him leniency and upheld his dismissal. Consequently, the Court officially confirmed Sarceno’s dismissal from service, barring him from future employment in any government capacity, including government-owned or controlled corporations, and forfeiting all retirement benefits, save for accrued leave credits.

FAQs

What was the key issue in this case?	The key issue was whether Tyke J. Sarceno’s habitual absenteeism and conduct prejudicial to the best interest of public service warranted his dismissal from his position as Clerk III.
What constitutes habitual absenteeism?	Habitual absenteeism is defined as incurring 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.
What penalty can be imposed for habitual absenteeism?	Under the Revised Uniform Rules on Administrative Cases in the Civil Service, habitual absenteeism can result in suspension for six months and one day to one year for the first offense, and dismissal from the service for the second offense.
What is considered conduct prejudicial to the best interest of public service?	Conduct prejudicial to the best interest of public service refers to actions that violate public accountability norms and diminish the public’s faith in the Judiciary.
Can a first-time offense of habitual absenteeism lead to dismissal?	Yes, in certain cases, the Supreme Court has imposed dismissal for first-time offenses of habitual absenteeism, especially when the conduct severely compromises the integrity and efficiency of the public service.
What happens to the benefits of an employee dismissed for habitual absenteeism?	An employee dismissed for habitual absenteeism typically forfeits all retirement benefits, except for accrued leave credits.
Is an employee dismissed for habitual absenteeism eligible for re-employment in the government?	No, an employee dismissed for habitual absenteeism is generally not eligible for re-employment in any government agency, including government-owned or controlled corporations.
What standard of conduct is expected of employees in the Judiciary?	Employees in the Judiciary are expected to strictly observe official time, maintain accountability, and serve with utmost responsibility, integrity, loyalty, and efficiency.
What role did the Office of the Court Administrator (OCA) play in this case?	The OCA investigated the absences, recommended the administrative complaint, and ultimately suggested the penalty of dismissal, which the Supreme Court adopted.
Why are health conditions not always a sufficient excuse for absences?	Health conditions must be properly documented with medical certificates and timely leave applications to be considered valid reasons for absences; otherwise, they may not excuse habitual absenteeism.

This case serves as a clear reminder of the high standards of conduct and attendance expected of employees in the Judiciary. The Supreme Court’s decision underscores the importance of public service and the consequences of failing to meet those expectations, reinforcing that habitual absenteeism and conduct prejudicial to the best interest of public service will not be tolerated.

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: Leave Division – O.A.S. v. Sarceno, G.R. No. 59341, February 17, 2015