In a 20-page order, acting Overall Deputy Ombudsman Orlando Casimiro ordered the dismissal of Special Prosecutor III Luz Marcos after finding her guilty of dishonesty and conduct prejudicial to the best interest of the service.
Marcos was dismissed after Special Prosecutor Dennis Villa-Ignacio complained that Marcos had incurred 58 unauthorized absences from January 2003 to June 2004, which she did not report in her monthly certificates of service.
A review by the Administrative Division of the Office of the Special Prosecutor on the attendance records of Marcos, showed that she was absent 63 times from January to August 2003, only 31 of which were approved leaves; she also had 65 absences from January to June of 2004, of which only 26 were approved.
The Office of the Ombudsman said Marcos indicated in her monthly certificates of service that she had "rendered full time service" for the months covered.
A government official or employee is considered habitually absent if he or she incurs unauthorized absences exceeding the allowable two-and-half days’ monthly leave credit, the Office of the Ombudsman said.
In his complaint, Villa-Ignacio said Marcos had set a bad example for her colleagues and staff at the Office of the Special Prosecutor, who are already questioning her frequent absences and wondering whether she still has leave credits.
In her counter-affidavit, Marcos claimed the certificates of attendance that she filed show the accurate record of her absences.
This should be given weight over the attendance sheet or log book, she claimed, as the latter records merely chart the whereabouts of employees who are required to leave the office for official business. Registration of attendance in the log book is not mandatory, she added.
However, Casimiro ruled that the monthly attendance sheet should be given equal weight as it is the only control the Office of the Ombudsman has over the correctness and accuracy of the certificates of service, which are prepared by the employee himself.
"Even if there is a certificate of attendance, there has to be an attendance sheet which monitors and records the actual presence of the officer or employee in order to ascertain the truthfulness of the data indicated in the certificates of service," he said.
Earlier, Ombudsman Merceditas Gutierrez urged all officials and employees of the Office of the Ombudsman to set an example to subordinates by displaying utmost honesty, efficiency and integrity. — Mike Frialde