Without prior notice, SC removes court employee absent from work for 30 days

The Supreme Court finds the recommendation proper and well-founded. Saddi's conduct falls within the purview of Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended by Resolution No. 99-1885 dated 23 August 1999. The Rule provides:

Sec. 63. Effect of absences without approved leave. An official or an employee who is continuously absent without approved leave for at least thirty (30) working days shall be considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. He shall, however, be informed at his address appearing on his 201 files of his separation from the service not later than five (5) days from its effectivity.

It is clear from the above provision that no prior notice is required to drop from the rolls an employee who is continuously absent without approved leave for at least thirty (30) calendar days. Proof of Saddi's AWOL status is the OCAs record of his failure to submit his bundy cards and the absence of any application for leave of absence or retirement during the relevant period. Moreover, it is undisputed that he failed to respond to any of the office communications requiring him to explain his absences without leave. 

In view of the foregoing, the Court hereby resolves to: (1) DROP FROM THE ROLLS Gregorio B. Saddi effective 2 January 2007 for having been on absence without official leave since said date; and (2) declare his position VACANT. (A.M. No. 07-10-260-MTC; December 13, 2007)