Case Digest (A.M. No. P-09-2670)
Facts:
The case involves Rodrigo C. Calacal, a Utility Worker I at the Municipal Circuit Trial Court (MCTC) of Alfonso Lista-Aguinaldo, Ifugao, as the respondent. On May 15, 2008, Calacal left the Philippines for Singapore without obtaining the necessary travel authority mandated by Office of the Court Administrator (OCA) Circular No. 49-2003. He remained abroad until June 6, 2008, and upon his return, he submitted an application for leave along with his daily time record for June 2008, indicating that he reported back to work on June 10, 2008. The OCA received his leave application on July 31, 2008. Following this, the OCA directed Calacal to explain his failure to comply with the travel authority requirement. In his defense, Calacal claimed he was unaware of the circular, asserting that no copy was available in his office. He also mentioned that his leave application had been approved by the Clerk of Court. However, the OCA found his explanation unsatisfactory and recommended that...
Case Digest (A.M. No. P-09-2670)
Facts:
- Respondent's Position and Office: Rodrigo C. Calacal (respondent) was a Utility Worker I at the Municipal Circuit Trial Court (MCTC) of Alfonso Lista-Aguinaldo, Ifugao.
- Travel Without Authority: On May 15, 2008, respondent left the Philippines for Singapore without obtaining the required travel authority as mandated by OCA Circular No. 49-2003. He stayed in Singapore until June 6, 2008.
- Leave Application and Daily Time Record: On July 31, 2008, the Office of the Court Administrator (OCA) received respondent's application for leave and his daily time record for June 2008, which indicated that he reported back to work on June 10, 2008.
- Respondent's Explanation: When directed to explain his failure to comply with OCA Circular No. 49-2003, respondent claimed unawareness of the circular, stating that there was no copy in his office. He also mentioned that his leave application had been approved by the Clerk of Court.
Issue:
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Ruling:
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Ratio:
- Mandatory Compliance with Circulars: OCA Circular No. 49-2003, effective since May 20, 2003, explicitly requires judges and court personnel to obtain travel authority before leaving the country. Non-compliance subjects the offender to disciplinary action.
- Ignorance of the Law is No Excuse: Respondent's claim of unawareness of the circular does not absolve him of liability. Court personnel are expected to be familiar with and adhere to administrative circulars and regulations.
- Penalties for Violation: The circular prescribes a reprimand for the first offense, suspension for 1-30 days for the second offense, and dismissal for the third offense. Since this was respondent's first offense, a reprimand was deemed appropriate.