Case Digest (A.M. No. P-11-2927)
Facts:
In OCA, Office of Administrative Services-Office of the Court Administrator v. Heusdens, the respondent, Wilma Salvacion P. Heusdens, Clerk IV of the Municipal Trial Court in Cities, Tagum City, filed by mail on July 10, 2009 her application for vacation leave to be spent abroad from September 11 to October 11, 2009. Despite having her leave form favorably recommended by her Presiding Judge, she failed to secure all clearance requirements, notably the Supreme Court Certificate of Clearance tied to her outstanding loan with the Supreme Court Savings and Loan Association. Without awaiting the result of her application, she departed for foreign travel and reported back to work on October 19, 2009. On November 26, 2009, the OCA Leave Division issued a memorandum recommending disapproval of her leave for non-compliance with OCA Circular No. 49-2003, which requires prior permission for all travels abroad. Chief Justice Puno approved this recommendation on December 7, 2009. By letter dCase Digest (A.M. No. P-11-2927)
Facts:
- Leave Application and Departure
- On July 10, 2009, respondent Wilma S. Heusdens, Clerk IV of the Municipal Trial Court in Cities, Tagum City, submitted by mail to the OCA Employees Leave Division her application for foreign travel leave covering September 11 to October 11, 2009.
- Respondent departed abroad without awaiting the result; no travel authority was issued due to lack of clearance (including outstanding SCSLA loan).
- She reported back to work on October 19, 2009.
- OCA’s Actions and Correspondence
- November 26, 2009 – OCA Memorandum recommended disapproval of the leave application and directed respondent to explain violation of OCA Circular No. 49-2003.
- December 7, 2009 – Chief Justice approved the recommendation.
- January 6, 2010 – Deputy Court Administrator informed respondent of disapproval, considered travel unauthorized, and directed a written explanation within 15 days.
- February 2, 2010 – Respondent’s Comment admitted the violation and explained her honest belief of eventual approval.
- OCA Report and Relevant Rules
- March 8, 2011 – OCA Report found violation of OCA Circular No. 49-2003; recommended re-docketing as a regular administrative matter, finding guilt for the infraction and proposing a reprimand with warning.
- OCA Circular No. 49-2003 (B) requires prior Supreme Court travel authority for all foreign travel by court personnel, with complete requirements (leave application, clearances, Supreme Court clearance) submitted at least two weeks before travel.
- Omnibus Rules on Leave (Rule XVI, Sec. 49) – any leave application not acted upon within five working days is deemed approved.
Issues:
- Whether respondent violated OCA Circular No. 49-2003 by leaving the country without travel authority.
- Whether the belated action of the OCA rendered the leave application deemed approved under the Omnibus Rules on Leave.
- Whether respondent’s constitutional right to travel was unlawfully impaired by OCA Circular No. 49-2003.
- What penalty is appropriate, considering respondent’s infraction and the delay in OCA’s action.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)