Facts:

The case involves Judge Andrew P. Dulnuan, the complainant, and Esteban D. Dacsig, the respondent, who served as Clerk of Court II at the Municipal Trial Court in Madella-Natipunan, Quirino. The events leading to the case began with a letter dated April 26, 2010, from Judge Dulnuan to Ms. Hermogena F. Bayani, Chief Judicial Staff Officer of the Leave Division at the Office of the Court Administrator (OCA). In this letter, Judge Dulnuan recommended the suspension of Dacsig's salary and the imposition of administrative sanctions due to Dacsig's repeated absences without leave, which were attributed to drunkenness. Dacsig had several unauthorized absences in 2009 and 2010, specifically four times in December 2009 and three times in April 2010. Furthermore, he failed to log his attendance from January 2010 to April 19, 2010, and submitted time cards for March 2010 with a claim that the office bundy clock had malfunctioned. On May 15, 2010, Dacsig admitted to his absences ...

Facts:

Background of the Case:

• Complainant: Judge Andrew P. Dulnuan, Presiding Judge of the Municipal Trial Court, Madella-Natipunan, Quirino.
• Respondent: Esteban D. Dacsig, Clerk of Court II in the same court.

Unauthorized Absences:

• Dacsig incurred several absences without official leave (AWOL) in 2009 and 2010:
  • December 2009: Absent on December 7, 8, 9, and 11.
  • April 2010: Absent on April 21, 22, and 23.
• Dacsig failed to log his attendance in the office logbook from January 2010 to April 19, 2010.
• He submitted time cards for March 2010 with a notation that the office bundy clock malfunctioned in the last week of March 2010.

Admission and Explanation by Dacsig:

• In a letter dated May 15, 2010, Dacsig admitted to taking unauthorized absences and attributed his behavior to a personal crisis, including drunkenness. He appealed for leniency and promised personal redemption.
• In his Comment dated May 23, 2011, Dacsig explained:
  • His December 2009 absences were due to visiting his family in Mayoyao, Ifugao.
  • His April 2010 absences were to address marital issues with his wife.
  • He claimed he sought permission from Judge Dulnuan for his December 11 absence to attend an NGO event.

OCA Recommendation:

• The Office of the Court Administrator (OCA) recommended a fine of ₱5,000 for Dacsig’s first offense of simple misconduct, with a warning against future violations.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Unauthorized Absences:

   • Under the Civil Service Rules, employees must apply for leave in advance, and failure to do so constitutes unauthorized absence. Dacsig failed to secure the necessary leave permits for his absences, making him liable for AWOL.
   • Section 50 of Memorandum Circular No. 41, series of 1998, states that employees absent without approved leave are not entitled to salary for the period of unauthorized absence.

2. Failure to Log Attendance:

   • Dacsig’s failure to log his attendance from January 2010 to April 19, 2010, and his unsubstantiated claim of a malfunctioning bundy clock, further demonstrate his disregard for office rules and procedures.

3. Drunkenness:

   • While Dacsig admitted to drunkenness, the Court found no evidence that his behavior affected his duties or violated the standards of conduct expected of court personnel. Thus, this charge was not substantiated.

4. Penalty:

   • Under Rule IV, Section 52 (A) (17) of the Uniform Rules on Administrative Cases in the Civil Service, the penalty for frequent unauthorized absences for a first offender is suspension for six months and one day to one year. The Court imposed the minimum penalty due to Dacsig’s admission and plea for leniency.