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REPUBLIC OF THE PHILIPPINES

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SUPREME COURT
Manila

SECOND DIVISION

NOTICE
Sirs/Mesdames:

Please take notice that the Court, Second Division, issued a Resolution
dated 01 July 2019 which reads as follows:
''A.M. No. 19-04-78-RTC - Re: Dropping from the Rolls of Ms. Florinda
A. Machado, Interpreter III, RTC Br. 17, Zamboanga City, Zamboanga
del Sur
x---------------------------------------------------------------------------------------x
Florinda A. Machado is a Court Interpreter assigned at the Regional
Trial Court -' Branch 17, Zamboanga City, Zamboanga del Sur, presided by
Hon. Judge Qracelina G. Bernardo. By Memorandum dated August 2, 2018,
Judge Bernardo gave notice to Machado that she appeared to have already
abandoned her position, duties and functions as Court Interpreter. Judge
Bernardo too, noted that Machado had been continuously absent from work
without approved leave of absence since July 31, 2018. Judge Bernardo's staff
relayed to her that the last time they saw Machado was July 30, 2018 which
she herself told them it was her last day in office. Because of her unauthorized
absences, Judge Bernardo and her court staff had to deal with the daily burden
of endlessly searching for the case records Machado was supposed to have
kept on file. On August 3, 2018, Machado received the Memorandum.

Judge Bernardo also sent a letter to the Office of the Court

Administrator (OCA), Office of the Deputy Court Administrator (ODCA),
Office of Administrative Services (OAS) and Fiscal Management Office
(FMQ) regarding Machado' s unauthorized absences. She further requested
that the salary, allowances, and other emoluments pertaining to Machado be
discontinued effective July 31, 2018, without prejudice to the filing of
appropriate administrative action against her.

On November 14, 2018, the OAS indorsed to the FMO a directive to

withhold Machado' s salaries and benefits. The OAS also attached a
Memorandum of even date listing the name of Machado as among those who
violated OCA Circular No. 07-2013 1 for failure to submit her Certificate of
Service (CS) and Daily Time Records (DTRs)/Bundy Cards (BC).

The Report and Recommendation

of the Office of the Court Administrator (OCA) 2

In its Report dated March 8, 2019, the OCA noted that Machado failed

1 OCA Circular No. 07-2013, January 16, 2013. Timely Submission of Certificates of Service of Judges and
Daily Time Records (DTRs)/Bundy Cards of Personnel of the Lower Courts.
2 Signed by Court Administrator Jose Midas P. Marquez, Deputy Court Administrator Leo T. Madrazo, and

OCA Chief of Office, Office of Administrative Services Caridad A. Pabello.

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Resolution 2 A.M. No. 19-04-78-RTC

to submit her Daily Time Records and her application for leave since July
2018. Based on the records of the Employees' Leave Division '(ELD), OAS,
and OCA, she had been on absence without leave since July 2, 2018.

The OCA also informed the Court that Machado has not applied for
retirement; she is a plantilla personnel in active service; she has no pending
cases; and she is not an accountable officer. Her salaries and benefits have
been withheld since December 2018.
,I

Under Section 107, a-1 Rule 20 of the 2017 RACCS 3 , an official who
absented himself/herself without approved leave for at least thirty days may
be dropped from the rolls without prior notice which shall take effect
immediately.

Under Section 110, Rule 20 of the 201 7 Rules on Administrative Cases

in the Civil Service (2017 RACCS), however, when a government employee
is dropped from the rolls, the same shall not result in the forfeiture of any
benefits or disqualification from employment in government.

The OCA, thus, made the following recommendation: 4

1. The name of Florinda A. Machado, Court Interpreter III, Branch 17,

Regional Trial Court, Zamboanga City, be dropped from the rolls
effective July 2, 2018 for having been on absence without official
leave. However, she is still qualified to receive the benefits she may
be entitled to under existing laws and may still be reemployed in the
government;
2. Her position be declared vacant; and ~
3. She be informed of her separation from the service or dropping from
the rolls at her last known address on record in# 262 Logoy, Diutay,
Talon-talon, Zamboanga City.

Ruling

The Court adopts the findings of fact, conclusions of law, and

recommendation of the Office of the Court Administrator in the Report5 dated
March 8, 2019.

Court Interpreter Machado has been absent from work without duly
approved leave of absence since July 2018. Nothing has since been heard from
her. She has also since failed to submit her daily time records.

3 a. Absence Without Approved Leave

I. An official or employee who is continuously absent without official leave (AWOL) for at least
thirty (30) working days may be dropped from the rolls without prior notice which shall take effect
immediately.

He/she shall, however, have the right to appeal his/her separation within fifteen (I 5) days from
receipt of the notice of separation which must be sent to his/her last known address.xxx.
4 OCA Recommendation, March 8, 2019.
5 Signed by Court Administrator Jose Midas P. Marquez, Deputy Court Administrator Leo T. Madrazo, and

OCA Chief Officer - Office of Administrative Services Caridad A. Pabello.

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Resolution 3 A.M. No. 19-04-78-RTC

Verily, Machado violated OCA Circular No. 07-2013 6 requiring court

personnel to accomplish their daily time records and bundy cards by the end
of each month, indicating therein the time of their arrival and departure from
office.

Too, by incurring absences without leave (AWOL) continuously since

July 2, 2018, Machado violated Section 107, a-1 Rule 20 of the 2017 Rules
on Administrative Cases in the Civil Service, viz:

a. Absence Without Approved Leave

1. An official or employee who is continuously absent without official

leave (AWOL) for at least thirty (30) working days may be dropped
from the rolls without prior notice which shall take effect
immediately.

He shall, however, have the right to appeal his/her separation within

fifteen days from receipt of notice of separation which must be sent
to his/her last known address. xxx.

WHEREFORE, the name of Florinda A. Machado is ordered

DROPPED FROM THE ROLLS effective July 2, 2018. Her position is
declared VACANT.

SO ORDERED.''

Very truly yours,

MARIA LOURDES C. PERFECTO

Division Clerk of Court

By:
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TUAZON
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n Clerk of Court "1 /.,,,

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6 OCA Circular No. 07-2013 states that:

All judges and personnel of the lower courts are hereby ENJOINED to strictly observe the following
guidelines in the submission of the Certificates of Service of judges and Daily Time Records (DTRs) /
Bundy Cards of personnel of the lower courts, viz: ·
I. After the end of each month, every personnel of the lower courts shall accomplish the DTRs
(Civil Service Form No. 48)/Bundy Cards, indicating therein truthfully and accurately the time
of arrival in and departure from the office.
XXX XXX XXX

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-PAGE4-

HON. COURT ADMINISTRATOR

Jose Midas P. Marquez (x)
HON. DEPUTY COURT ADMINISTRATOR
Raul B. Villanueva (x)
Jenny Lind Aldecoa-Delorino (x) a
Leo T. Madrazo (x)
ASSISTANT COURT ADMINISTRATOR
Hon. Lilian C. Baribal-Co (x)
Hon. Maria Regina Adoracion
Filomena M. Ignacio (x)
Legal Office (x)
Court Management Office (x)
Financial Management Office (x)
Docket & Clearance Division (x)
Office of Administrative Services (x)
Office of the Court Administrator
Supreme Court, Manila

HON. GRACELINA G. BERNARDO (reg)

Presiding Judge
Regional Trial Court, Branch 17
Zamboanga City, Zamboanga Del Sur

MS. FLORINDA A. MACHADO (reg)

#262 Logoy, Diutay
Talon-talon, Zamboanga City

PUBLIC INFORMATION OFFICE (x)

LIBRARY SERVICES (x)
[For uploading pursuant to A.M. No. 12-7-1-SC]

OFFICE OF THE CHIEF ATTORNEY (x)

OFFICE OF THE REPORTER (x)
Supreme Court, Manila

Please notify the Court of any change in your address.

AM19-04-78-RTC. 07/01/19(144)URES ,~,1'/