A.M. No. 07-7-343-RTC - Re: Borcillo

The case involves Robert L. Borcillo, a Utility Worker I at the Regional Trial Court (RTC) of Iloilo City, Branch 28, who was accused of being absent without official leave (AWOL) since November 2006.
Borcillo had a history of habitual absenteeism and failure to submit his Daily Time Records (DTRs) as evidenced by multiple memoranda issued previously.

The presiding judge, Judge Loida J. Diestro-Maputol, sent an official memorandum on February 27, 2007, addressing his repeated absences and his failure to submit DTRs.

The memorandum recited previous notices dated May 26, June 14, September 19, and September 29, 2005, which already highlighted his absenteeism.
It also noted that he was suspended for ten (10) days as communicated in the memorandum dated October 18, 2005.

Absences from October 2006 to January 2007 on specific dates such as October 9–13, 23, 26, 27; November 2, 6, 9, 13, 15, 17, 20, 28, 30; December 4, 11–12, 19–22, 27–29, 2006; and January 5, 8, 9, 12, 17, 19, 23, 2007.
Additionally, he was recorded present on several dates (e.g., October 2 and 16; November 3, 7, 8, 10, 14, 16, 21–24, 27, 30; December 5, and January 11) but did not adhere to office hours.

Borcillo repeatedly failed to submit the required DTRs for the months of November and December 2006, and January 2007.
Despite the directive to explain his absences in writing within five (5) days, he did not provide any explanation nor submitted his mandatory documents such as bundy cards or DTRs.

The Office of the Court Administrator (OCA) recommended withholding Borcillo’s salaries and benefits as part of the administrative sanctions.
In a memorandum dated June 22, 2007, the OCA further recommended that Borcillo be dropped from the rolls and his position declared vacant due to his continued AWOL status.
The recommendation was approved based on the provisions of the Omnibus Civil Service Rules and Regulations.

The action taken against Borcillo is grounded on Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended by Circular No. 14, s. 1999.

This section states that an official continuously absent without approved leave for at least thirty (30) calendar days shall be considered AWOL and must be separated from the service or dropped from the rolls.
The announcement of separation must be communicated to the employee at the address on record within five (5) days from effectivity.

Prolonged unauthorized absence was seen to disrupt the normal operations of the court, delay administrative functions, and undermine the integrity and accountability expected in public service.
Borcillo’s conduct was deemed disrespectful towards both his superiors and colleagues, reflecting poorly on the judicial system’s commitment to public accountability.

Whether the continued absence of Borcillo without official leave, as evidenced by his AWOL status lasting since November 2006, constitutes sufficient grounds for his separation from the service.
Whether the administrative measures, including the withholding of salaries and benefits and the recommendation to drop him from the rolls, are justified under the applicable civil service rules.
Whether the daily attendance and time record anomalies, including failure to adhere to prescribed office hours on days he was present, further substantiate the decision for his removal.
How the principles of public accountability and administrative efficiency apply in the context of a government employee who exhibits repeated neglect of duty.