When Is a Reassigned Employee Considered AWOL? The Villaroman Rule

The Supreme Court recently clarified a critical question for government employees: when does a reassigned employee become absent without official leave (AWOL)? In Office of the City Mayor of Angeles City v. Villaroman (G.R. No. 234630, June 10, 2019), the Court ruled that an employee who receives a void reassignment order cannot simply report to any office of their choosing. If they fail to report to their original post or file leave applications while contesting the reassignment, they may still be validly dropped from the rolls for AWOL.

The Facts of the Case

Dr. Josefino Villaroman held a permanent position as head of the Office of the City Veterinarian (OCV) of Angeles City. In December 2014, the city mayor issued a memorandum reassigning him to the Mayor's office, directing him to report to the Mayor's secretary for specific assignments. The order, however, gave him no definite duties and did not limit the reassignment period to one year as required by Civil Service rules.

Villaroman protested the reassignment, claiming it amounted to constructive dismissal. Instead of reporting to the Mayor's office, he logged in and out at the Information and Communication Technology Department (ICTD), which he claimed was connected to the OCV. He never reported to his original post at the OCV and never filed any leave applications.

In March 2015, the city dropped Villaroman from the rolls for being AWOL for more than 30 days and for failing to submit performance evaluation reports.

The Issue

The core question before the Supreme Court was whether Villaroman was validly dropped from the rolls for AWOL, given that his reassignment order was later declared void.

The Court's Ruling

The Court first acknowledged that the reassignment was indeed void because it amounted to constructive dismissal—the employee was given no definite duties, and the order exceeded the one-year limit under the CSC Revised Rules on Reassignment.

However, the Court held that this did not automatically make Villaroman's dropping from the rolls invalid. Under Section 93(a)(1), Rule 19 of the Revised Rules on Administrative Cases in the Civil Service, an employee who is continuously absent without official leave for at least 30 working days shall be dropped from the rolls. AWOL means leaving or abandoning one's post without justifiable reason and without notifying the employer.

The Court distinguished this case from prior rulings. In Yenko v. Gungon, an employee who reported to his original workstation while contesting a void reassignment was not considered AWOL. In Petilla v. Court of Appeals, an employee who filed leave applications—even if later denied—was likewise not considered AWOL.

Villaroman did neither. He did not report to his original post at the OCV, and he did not file any leave applications. Instead, he unilaterally chose to report at the ICTD, an office separate from the OCV with different functions. The Court emphasized that working for a specific public office requires a valid personnel action made according to proper procedure. An employee cannot simply decide where to work.

Since Villaroman's work at the ICTD was without authority or justifiable reason, it could not be counted as attendance. He was therefore considered AWOL for failing to report for work for more than 30 days and was validly dropped from the rolls.

Practical Takeaways

• A void reassignment does not excuse absence from the original post. Employees contesting a reassignment should still report to their original workstation while the dispute is pending.
• File leave applications for any period of non-attendance. Even if leave is later denied, filing shows good faith and may prevent an AWOL finding.
• Do not unilaterally choose a different office. Reporting to a different department without proper authority does not count as attendance and may be treated as AWOL.
• Constructive dismissal claims do not automatically defeat AWOL charges. The two issues are separate; an employee must still comply with attendance rules while contesting an assignment.
• The 30-day rule is strict. Continuous absence without approved leave for at least 30 working days is grounds for dropping from the rolls without prior notice.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.