Facts:

• Karen R. Cuenca, a Clerk II in the Property Division-Office of Administrative Services of the Supreme Court, was reported for unauthorized absences in January 2005.
• The Leave Division records indicated that Cuenca had been absent without leave (AWOL) since December 29, 2004.
• Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer, directed Cuenca to report for work within five days and explain her absences.
• Cuenca responded on January 31, 2005, citing dental and medical conditions as reasons for her absences, supported by medical certificates from Dra. Cynthia Obligar and Dra. Rosan de los Santos.
• Despite these explanations, Atty. Candelaria noted that the medical certificates only covered specific days and did not justify the entire period of absence.
• Cuenca had a history of frequent absences and tardiness, with 82.63 absences, 66 instances of tardiness, and 9.8 undertime recorded in the previous year.
• The case was brought before the Supreme Court for resolution.

Issue:

• (Unlock)

Ruling:

• The Supreme Court found that Cuenca's medical certificates did not fully support her reasons for the entire period of her absences.
• Cuenca was found guilty of absenteeism and was suspended for six months and one day. She was also adm...(Unlock)

Ratio:

• The Supreme Court emphasized that as a government employee, Cuenca is subject to Civil Service laws, which classify frequent unauthorized absences and tardiness as grave offenses.
• Under Civil Service Resolution No. 991936 and Memorandum Circular No. 19, Series of 1999, such offenses are punishable by suspension for the first offense and dismissal for the second.
• The Court noted that approval of sick leave is mandatory only if proof of sickness or disability ...continue reading