A.M. No. 05-8-226-MeTC - IN RE: Conde

Bernardo Conde served as Clerk III at the Metropolitan Trial Court-Office of the Clerk of Court, Mandaluyong City.
His records from the Office of Administrative Services (OAS) indicated a failure to submit his Daily Time Records (DTRs)/Bundy Cards from May 2004 up to the present, thereby raising concerns about his attendance.

Records from the OAS showed a continuous absence without the submission of required attendance documents for several months.
There was no application or approval for any form of leave, thereby establishing that the absences were unauthorized.

On July 29, 2004, Presiding Judge Ofelia L. Calo recommended in a letter that Mr. Conde be declared as absent without official leave (AWOL) effective May 28, 2004.
On October 25, 2004, the Office of the Court Administrator (OCA) issued a warning letter via Judge Calo, directing Mr. Conde to explain his prolonged absence, with a clear indication that failure to do so would result in his name being dropped from the rolls.
On November 3, 2004, the OCA, based on Section 50, Rule XVI of the Omnibus Civil Service Rules and Regulations (as amended by CSC MC No. 41, s. 1998), recommended the withholding of Mr. Conde’s salary and benefits due to non-compliance with the submission of DTRs/Bundy Cards.
On November 22, 2004, Judge Calo confirmed that the warning letter was mailed to Mr. Conde’s last known address, with the office awaiting proof of service.
On June 20, 2005, the OCA recommended that Mr. Conde’s name be dropped from the rolls and his position be declared vacant, citing his AWOL status since May 3, 2004, and basing this on Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended.

Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations provides that an official or employee who is continuously absent without approved leave for at least 30 calendar days is considered AWOL and may be separated from the service without prior notice.
Section 50 of the same rules allows for the withholding of salaries and benefits during periods of unauthorized absence.
Additional documentary evidence included the DTR/Bundy Card records, the lack of any filed leave applications, and the letter from Judge Calo clarifying the AWOL status effective May 28, 2004.
The ongoing AWOL of Mr. Conde was deemed prejudicial to public service, emphasizing the importance of accountability and duty in public office.

Whether Mr. Bernardo Conde’s continued failure to submit his DTRs/Bundy Cards and absence without applying for leave qualifies as AWOL under the applicable civil service rules.
Whether the administrative actions taken by the OCA, such as the issuance of a warning letter, recommendation for withholding of salary and benefits, and eventual dropping from the rolls, were proper and in accordance with the Omnibus Civil Service Rules and Regulations.
Whether the provisions of Section 63, Rule XVI, which allow for separation from service without prior notice after 30 calendar days of unauthorized absence, were correctly applied to Mr. Conde’s situation.
Whether Mr. Conde’s prolonged absence, despite available proof and repeated warnings, justifies the penalty of dismissal from service considering the public trust vested in employees of the judiciary.