Case Summary (A.M. No. 11-9-167-RTC)
Unauthorized Travel Details
Judge Villacorta was granted permission to travel to Canada on December 1, 2010, but reported back to work later than authorized, on February 16, 2011. This delay, certified by the Clerk of Court, prompted the OCA to seek an explanation from him regarding his failure to request an extension of his travel authority, as required by OCA Circular No. 49-2003.
Judge's Explanation
In his response dated March 31, 2011, Judge Villacorta cited family-related concerns for his extended stay, including attending a medical check-up for his son, delays related to his family’s housing arrangements in Canada, and awaiting essential packages from his sister. His second travel authorization encompassed May 1 to June 2, 2011, for attending his sister's wake and funeral.
Recommendations and Findings
A memorandum dated May 12, 2011, from OCA officials deemed the judge’s absence from February 4-15, 2011, as unauthorized due to failure in adhering to the established travel protocols. Concurrently, his explanations were forwarded to the OCA Legal Office for further evaluation. Additionally, he experienced unauthorized absences again after an extended return from Canada, not reporting until June 7, 2011.
Legal Framework and Implications
OCA Circular No. 49-2003 mandates that requests for travel extension must be filed ten working days before the original authority expires. Judge Villacorta had the responsibility to apply for leave due to his anticipated return flight delay, showcasing an awareness of his absence being unauthorized. According to Section 50 of Civil Service Commission Memorandum Circular No. 41, series of 1998, employees absent without approved leave lose salary for the period of such absence.
Conclusion and Directive
In li
...continue readingCase Syllabus (A.M. No. 11-9-167-RTC)
Case Background
- On December 1, 2010, Judge Cleto R. Villacorta III was granted authority to travel to Canada from December 20, 2010, to February 3, 2011.
- Judge Villacorta was expected to report back to work on February 4, 2011, but he returned only on February 16, 2011, after an extended absence.
- Atty. Mylene May G. Adube-Cabuag, Clerk of Court, provided a certification regarding his delayed return to work.
Initial Explanation for Unauthorized Absence
- Judge Villacorta was asked to provide a written explanation for his absence without an extension of travel authority, as mandated by Office of the Court Administrator (OCA) Circular No. 49-2003.
- In a letter dated March 31, 2011, he cited several family-related reasons for his delay:
- Accompanying his son for a medical check-up in Canada.
- Delay in transferring his family to a new apartment due to the prior lessee's continued occupancy.
- Waiting for his re-entry permit.
- Awaiting the arrival of packages from his sister to bring back to the Philippines.
Subsequent Travel Authorization
- On April 29, 2011, Judge Villacorta received another travel authority to Canada from May 1 to June 2, 2011, to attend his sister's wake and funeral.
- Following this second trip, he again failed to report back to work on June 3, 2011, returning only on June 7, 2011.
Further Justifications for Delayed Return
- When quest