AWOL and Accountability: Dropping Employees from the Rolls for Unauthorized Absences

The Supreme Court has consistently held that government employees who go on absence without official leave (AWOL) for at least 30 working days may be dropped from the rolls—without prior notice. In Re: Dropping from the Rolls of Mr. Victor R. Laqui, Jr. (A.M. No. 18-08-79-MeTC, October 3, 2018), the Court applied this rule to a court cash clerk who simply stopped reporting for work. The case clarifies the grounds, procedure, and consequences of this administrative remedy, which is distinct from disciplinary action.

The Facts of the Case

Victor R. Laqui, Jr. was a Cash Clerk II at the Office of the Clerk of Court, Metropolitan Trial Court (MeTC) of Manila. Records from the Employees' Leave Division showed that he failed to submit his Daily Time Records (DTRs) from March 2018 onward. He also never filed any leave application for his absences.

The Executive Judge of the MeTC informed the Office of the Court Administrator (OCA) that Laqui was on AWOL. The OCA then issued a memorandum ordering the withholding of his salaries and benefits. It also verified that Laqui had not applied for retirement, remained in the plantilla of personnel, was not an accountable officer, and had no pending administrative case.

The Issue

The sole issue was whether Laqui, who had been continuously absent without approved leave since March 1, 2018, should be dropped from the rolls. The OCA recommended his separation, effective that date, and the declaration of his position as vacant.

The Ruling: Dropping from the Rolls is Warranted

The Supreme Court adopted the OCA's recommendation. The Court cited Section 107(a-1), Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service (RACCS), which provides that an employee who is continuously absent without official leave for at least 30 working days may be dropped from the rolls without prior notice, and the separation takes effect immediately.

The rule also grants the employee the right to appeal the separation within 15 days from receipt of the notice, which must be sent to his or her last known address.

Applying this rule, the Court found that Laqui's continued absence since March 1, 2018 clearly warranted his separation. The Court emphasized that prolonged unauthorized absence causes inefficiency in public service and disrupts the normal functions of the court. It also stressed that those connected with the dispensation of justice are held to a higher standard of responsibility and accountability.

A Non-Disciplinary Separation

A key point in the ruling is that dropping from the rolls for AWOL is non-disciplinary in nature. Citing Section 110, Rule 20 of the 2017 RACCS, the Court noted that this mode of separation does not result in the forfeiture of benefits or disqualification from re-employment in the government.

Thus, the Court ordered Laqui dropped from the rolls effective March 1, 2018, declared his position vacant, but explicitly stated that he remains qualified to receive any benefits he may be entitled to under existing laws and may still be re-employed in the government.

Practical Takeaways

• 30 working days triggers the rule. A government employee who is absent without approved leave for at least 30 working days may be dropped from the rolls immediately, without prior notice.
• No prior notice, but a right to appeal. The employee must be sent a notice of separation to his or her last known address, and has 15 days from receipt to appeal.
• Dropping from the rolls is not a penalty. It is a non-disciplinary administrative remedy. It does not forfeit benefits and does not disqualify the employee from future government re-employment.
• Court employees face a higher standard. The judiciary demands utmost responsibility and integrity; AWOL disrupts court operations and undermines public faith in the justice system.
• Employers should document absences. Maintaining accurate records of DTRs, leave applications, and notices sent to the employee's last known address is essential to support a valid dropping-from-the-rolls action.

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