Case Digest (A.M. No. 07-10-260-MTC)
Facts:
- Gregorio B. Saddi was the Clerk of Court II at the Municipal Trial Court (MTC) of Sasmuan, Pampanga.
- Saddi was dropped from the rolls effective January 2, 2007, due to unauthorized absences without approved leave.
- Saddi claims that he submitted a letter-explanation, daily time records, application for leave, and a medical certificate to Judge Canlas in response to a letter from her.
- Saddi alleges that these documents were received by the court stenographer, Albert M. David, and were submitted for appropriate action.
- Saddi argues that he did not receive a telegram and a letter from the Office of the Court Administrator (OCA) requesting him to submit his bundy cards and explain his unauthorized absences, as Judge Canlas did not communicate these to him.
- Saddi discovered these letters only after Judge Canlas passed away.
- Saddi claims that his bundy cards for certain months were not transmitted on time due to Judge Canlas being on official leave.
- Saddi pleads for reconsideration of the court's previous resolution and requests reinstatement, as he is the sole breadwinner for his family.
Issue:
- (Unlock)
Ruling:
- The court grants the motion for reconsideration and sets aside its previous resolution.
- Gregorio B. Saddi is suspended from office for two months for absenteeism.
- The court emphasizes that frequent unauthorized absences are inimical to public service and must be met with the proper penalty.
- Although Saddi had submitted some required documents, he failed to provide an explanation for his unauthorized absences during a specific period. ...(Unlock)
Ratio:
- The court bases its decision on Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, which allows an employee to be dropped from the rolls if continuously absent without approved leave for at least 30 days.
- Erring employees are given an opportunity to be heard by requiring them to explain their unauthorized absences.
- In this case, the court considers Saddi's motion for reconsideration with attachments as substantial compliance with the directive.
- The court acknowledges that Saddi had been reporting for work regu...continue reading
Case Digest (A.M. No. 07-10-260-MTC)
Facts:
This case involves the motion for reconsideration filed by Gregorio B. Saddi, Clerk of Court II of the Municipal Trial Court (MTC) of Sasmuan, Pampanga. In a previous resolution dated December 13, 2007, Saddi was dropped from the rolls for being absent without approved leave since January 2, 2007. Saddi explains in his motion for reconsideration that he had submitted a letter-explanation, daily time records, application for leave, and medical certificate to the late Presiding Judge Pascuala Canlas in response to her letter dated June 6, 2007. He claims that these documents were already submitted for appropriate action as early as July 9, 2007. However, Saddi argues that he did not receive the Office of the Court Administrator's (OCA) telegram dated July 4, 2007, and letter dated July 9, 2007, requesting him to submit his bundy cards and explain his unauthorized absences. He alleges that Judge Canlas failed to communicate these directives to him, and he only discovered their existence after her passing in December 2007. Saddi further states that he and a court stenographer found his bundy cards and application for leave still unacted upon in Judge Canlas's chambers. He claims that he reported for work regularly and submitted his bundy cards for the months of October, November, and December 2007, which were duly received by the Leave Division. However, he was not informed about the non-transmittal of his bundy cards for the period of January to September 2007. Saddi argues that these circumstances demonstrate his good faith and that he...