Opinions and Rulings On Leave

Opinions and Rulings on
Leave
Dropping from
the Rolls
When can an employee be
DROPPED from the Rolls?
Absence Without Official Leave
– 30 or more working days
– Less than 30 days but 3x in a semester (apparent
pattern)
• No prior notice but employee informed within 5
days from effectivity of order
– Less than 30 days :

• Return-to-Work order must be issued
• Can be dropped if employee does not return
Source: Sec. 93 (a), Rule 19, RRACCS
Unsatisfactory or Poor Performance
– 2 consecutive UNSATISFACTORY ratings
• Due notice must be given within 30 days from end of
semester, warn that a 2nd unsatisfactory performance
will warrant separation from service
– POOR rating in 1 evaluation period

• Due notice given not later than 4th month of rating
period, warn that failure to improve in remaining
period will warrant separation from service
Source: Sec. 93 (b), Rule 19, RRACCS
Physically Unfit
– Absent for more than 1 year due to illness
– Intermittently absent due to illness at least 260
working days in a 24-month period
– Behaving abnormally, manifests continuing
mental disorder & incapacity to work
• Reported by co-workers/supervisors
• Confirmed by competent physician
Source: Sec. 93 (c), Rule 19, RRACCS
Who signs the Notice warning an employee
of possible dropping
(prior notice)?
– Appointing authority;
– Head of Office; or
– Immediate supervisor of employee
Source: Sec. 94, Rule 19, RRACCS
Who signs the Notice of
Separation?
–Appointing authority
–Head of Office
Is the Order of Separation Immediately
Executory?
Yes, it is immediately executory even pending appeal to

the CSC-RO unless otherwise ordered upon meritorious
grounds.
Source: Sec. 95, Rule 19,
vis‐à‐vis Sec. 110 , Rule 23 RRACCS
Dropping from the Rolls
Non-Disciplinary in Nature
Due to its non-disciplinary character, an employee

who is dropped from the rolls will not forfeit any benefits
or be disqualified from reemployment in the government.
Case No. 1
Philippine Coconut Authority vs.
Bienvenido Garrido
• One week before his intended vacation leave for the period
July 28 to December 17, 1993, Garrido filed his application
for leave. He commenced his VL on July 28.
• After almost 2 months from the filing of the application for

leave, PCA denied Garrido’s application and he was dropped
from the rolls for being on AWOL for more than 30 days.
G.R. No. 135003 January 21, 2002
Case No. 1
Philippine Coconut Authority vs. Garrido
Issue:
Was Garrido validly dropped from the rolls?
G.R. No. 135003 January 21, 2002
Case No. 1
Philippine Coconut Authority vs. Garrido
Ruling:
No. While the approval of leave depends upon

the needs of the service and discretionary upon the
head of agency, discretion must be properly
exercised. The unexplained inaction for an
unreasonable period of time gave Garrido the
impression that there was no impediment to his
leave application.
G.R. No. 135003 January 21, 2002
Case No. 1
Relevant Civil Service Rule:
Sec. 49. of the Omnibus Rules on Leave
Applications for leave which are unacted

upon by the head of agency/authorized
representative within 5 days from receipt
thereof are deemed approved.
Case No. 2
City Government of Makati v. Civil
Service Commission
• Eusebia Galzote was arrested and detained in 1991 for
kidnapping. As a result, she was suspended by the city
government until the final disposition of her case.
• After 2 years of detention, the city changed its policy and

dropped her from the rolls for being on AWOL for more than 1
year. Galzote was not informed of this action.
• On the 3rd year, Galzote was acquitted. She returned to work

but was not allowed to do so by the city.
G.R. No. 131392 February 6, 2002
Case No. 2
City of Makati v. CSC
• CSC ordered Galzote’s reinstatement and ruled

that she is to be considered on automatic leave
from the time of her detention.
• City of Makati claims that there is no such rule as

automatic leave of absence.
G.R. No. 131392 February 6, 2002
Case No. 2
Issue No. 1:
• Is there a rule on automatic leave such that there is
no need for any prior approved leave?.
Yes. As a general rule, an approved leave of absence is
necessary to avoid being on AWOL. However, there are other
means of seeking and granting an approved leave of
absence, one of which is the CSC recognized rule of
automatic leave of absence under specified circumstances.
G.R. No. 131392 February 6, 2002
Case No. 2
Issue No. 1:
Galzote’s predicament logically does not need a prior leave

application. Significantly, the rule on automatic leave of
absence is part and parcel of the authority to drop employees
from the rolls for it tempers the exercise of such authority
where the absences are beyond the control of the
concerned employee.
G.R. No. 131392 February 6, 2002
Case No. 2
Issue No. 2:
• Was Galzote correctly dropped from the rolls?.
No. The City Government, thru a memorandum, suspended
her until the final disposition of her case. It is a recognition of
her predicament and is taken as an equivalent of a prior
approved leave, dispensing with the formalities of leave.
G.R. No. 131392 February 6, 2002
Relevant CSC Resolution
CSC Res. No. 991879; Norona, Nelda Q.
• An employee who is being detained is automatically
suspended from office and considered to be on automatic
leave of absence for the period of his detention.
• While on detention, the employee cannot be paid salaries

applying the doctrine of “No Work, No Pay.” This rule applies
even if he/she is later on exonerated from the charges.
• Since the employee’s services are suspended, he/she cannot

also earn leave credits.
August 23, 1999
Recording of
Office Hours
Recording of Attendance
Each head of department or agency shall

require a daily record of attendance of all officers
and employees under him including those serving
in the field or on the water, to be kept on the proper
form and whenever possible, registered on the
bundy clock…
Source: Sec. 2, Rule XVII of the
Omnibus Rules Implementing Book V of EO No. 292
Exemption from Bundy Clock Requirement
CSC Res. No. 040158; Aguilera, Danilo et al.
• Although it is incumbent upon all officers and employees to

maintain a daily record of attendance, the same need not be
accomplished exclusively through the use of Bundy clock.
• When by reason and practicality so dictates, the agency may

adopt other means to monitor the attendance of its
employees, subject only to the condition that it must be in the
proper form.
February 7, 2004
Exemption from Bundy Clock Requirement
Relevant CSC Resolution No. 1
CSC Res. No. 040158; Aguilera, Danilo et al.
But –
– The approval of the CSC is necessary in requests for
exemption from the use of bundy clock to ensure that all
officials and employees record their daily attendance in
the proper form and for the proper observance of the
schedule of working hours
– For purposes of claiming salaries and benefits, a daily

time record in the proper form must be accomplished
even if already exempt from using the bundy clock
Attendance to
Hearings During
Office Hours
Attendance to Hearings During Office Hours
CSC Res. No. 95547; Gonzales, Teresita C.
A government employee, who is a witness

in a case, must appear at the hearing of the
said case when required to do so by the court
or administrative tribunal.
September 5, 1995
• If the case is directly connected with his official

duties and responsibilities, his attendance at the
hearing is on OFFICIAL BUSINESS.
– e.g. police officers or auditors, whose reports

disclosed the commission of a crime or the
financial anomaly subject of the case.
September 5, 1995
• If the case is NOT directly related to the official

duties and responsibilities of the employee,
attendance at the hearing shall only be considered
on OFFICIAL TIME.
September 5, 1995
• OFFICIAL BUSINESS • OFFICIAL TIME
– Employee is entitled to – Employee is merely

the usual travelling considered working in
expenses. the office even if he is
somewhere else
attending a hearing.
Sec. 226, Government Accounting and Auditing Manual
WITNESS IN A CRIMINAL CASE
 Summoned by a court or other lawful authority

to serve as a witness, whether for or against the
prosecution
 Deemed as service in the regular course of

employment and employee is entitled to his salary
during such service
WITNESS IN A CRIMINAL/ ADMINISTRATIVE CASE

FOR OWN BEHALF
 If not under suspension, time consumed

shall be charged to leave credits, if any.
Otherwise, the employee shall not be entitled to
salary for such time spent
WITNESS IN A CRIMINAL/ ADMINISTRATIVE CASE

FOR OWN BEHALF
 Upon exoneration, readjustment of charged leave

credits will be allowed ONLY IF the case is the
DIRECT RESULT of an act performed in connection
with OFFICIAL DUTIES.
WITNESS IN A CIVIL CASE BETWEEN PRIVATE

PARTIES WHERE THE GOVERNMENT HAS NO
INTEREST
If the place of Trial is MORE THAN 100

kilometers from witness’ place of residence
 NOT ENTITLED TO SALARY
See also: Sec. 10, Rule 21, Rules of Court
WITNESS IN A CIVIL CASE BETWEEN PRIVATE

PARTIES WHERE THE GOVERNMENT HAS NO
INTEREST
If the place of Trial is 100 kilometers or less

from witness’ place of residence
 ENTITLED TO SALARY if employee testifies
on facts acquired in official capacity or
required to produce official papers/documents
(official time)
See also: Sec. 10, Rule 21, Rules of Court
Half Day
Absence
Half Day Absence
CSC Res. No. 020975; Mantilla, Chona M.
• Civil Service rules are silent as to the half-day

absence because half-day absence is in reality
tardiness or undertime for four hours
• To be deducted from the employee’s accrued
vacation leave credits or salary, in case all his/her
vacation leave credits had been exhausted,
whether the agency is observing flexitime or
regular work hours.
July 23, 2002
Half Day Absence
CSC Res. No. 020975; Mantilla, Chona M.
• Agencies observing Full Flexitime Work Schedule,
undertime shall be computed on a weekly 40-hour
basis. As long as the employee renders service during
core working hours and compensates the deficiency
within the week, he/she will not be considered late or
undertime.
• If he/she fails to meet the forty hours required during
the week, the deficiency shall be deducted from his/her
vacation leave credits or salary in case all his/her
vacation leave credits has been exhausted
July 23, 2002
Overtime
Overtime
CSC Res. No. 991231; Balmeo, Vivan
Can employee who has rendered less than

40 hours for the week be paid overtime
services rendered on a weekend?
June 21, 1999
Overtime
Yes. An employee does not have to

complete the 40 hrs work per week required
by law before he can be paid overtime for
services rendered on a weekend, provided,
that he has leave credits against which the
lacking hours will be deducted from.
June 21, 1999
Overtime
2 Rules Taken
Rule 1: “When the interest of public service

so requires, the daily hours of work for officers and
employees may be extended by the head of
the agency concerned, which extension shall be
fixed in accordance with the nature of the work.
Provided, that work in excess of eight (8) hours
must be properly compensated.”
Section 10, Rule XVII
Omnibus Rules Implementing Book V of EO 292
Overtime
2 Rules Taken
Rule 2: “An employee who has not rendered the

minimum working hours for the week may be
allowed to claim overtime pay provided he has
sufficient leave credits....”
Sec. 285 (c), GAAM Vol 1
Overtime
The GAAM rule of sufficient leave credits is to

enable the agency to deduct from the leave credits
the tardiness and undertime incurred by an
employee
In that way, an employee who renders less

than forty hours from Monday to Friday, in case he
is required to work on a weekend, will be paid for
overtime for the weekend. The government will not
be prejudiced since the employee’s tardiness and
undertime will be deducted from his leave credits.
Study Leave
Study Leave
CSC Res. No. 040074; Allian, Joel T.
Allian was granted by CHR a 3-month study leave

with pay to review for the 2001 Bar but he failed to
take the exam.
His absences were then charged to his

accumulated leave credits.
His year-end benefits were withheld and applied to

offset the salaries and allowances he received during
his supposed study leave
January 29, 2004
Study Leave
Issue No. 1
Does Allian have the obligation to refund the

salaries and allowances he received while on study
leave because he failed to take the Bar Exam?
January 29, 2004
Study Leave
Answer
Yes. The granting of his study leave was premised

on his taking the bar exam. It was the immediate and
proximate purpose of his contract with the CHR.
January 29, 2004
Study Leave
Answer (cont.)
CSC MC No. 14, s. 1999 –

xxx In case the official or employee fails to render
in full the service obligation…on account of voluntary
resignation, optional retirement, separation from the
service through his own fault, or other causes within his
control, he shall refund the gross salary, allowances
and other benefits received while on study leave…
January 29, 2004
Study Leave
Answer (cont.)
Allian’s failure to take the bar exam for causes

within his control is a breach of his contract with the
CHR. Thus, he is liable to refund all salaries,
allowances and benefits received including leave
credits earned.
January 29, 2004
Study Leave
Issue No. 2
Did CHR correctly apply Allian’s year-end

benefits as payment for his obligation?
January 29, 2004
Study Leave
Answer
Yes. Allian has an obligation to pay back the

salaries and allowances he received. Hence
the CHR may rightfully apply his year-end
benefits to offset the salaries and allowances
he received while on leave.
January 29, 2004
Study Leave
CSC Res. No. 1100830; Curio, Jose Manuel M.
Question:
Can an employee who is to complete a

Doctoral Degree avail of Study Leave
Benefits?
June 21, 2011
Study Leave
Answer:
Yes. The rule, in its strict sense, allows only

study leave for the completion of Masteral
and not Doctoral degree.
But, there are instances which call for its

liberal construction.
June 21, 2011
Study Leave
Answer (cont.):
Curio’s case is one of them. To allow this is to
enable him to pursue his dreams for personal and
professional growth, which will eventually benefit
the agency-grantor.
But, its grant is still in the discretion of the

agency based on the dictates of the exigencies of
the service.
June 21, 2011
Maternity
Leave
Maternity Leave
CSC Res. No. 001298;Berroya, Jessie
Jessie was a casual teacher from 1994

to1999, with no gap in service and receives
PVP during vacation periods.
In May 1999, she gave birth but was

denied maternity leave benefits because she
had no appointment during that period.
June 1, 2000
Maternity Leave
Issue
Can a casual teacher who gave birth
during vacation be entitled to maternity leave
if she was not issued appointment during that
period?
June 1, 2000
Maternity Leave
Answer: Yes
Sec. 11, MC 14 s. 1999, 2nd par.
In the case of those in the teaching
profession, maternity benefits can be availed of
even if the period of delivery occurs during the
long vacation, in which case, both the maternity
benefits and the proportional vacation pay shall
be received by the teacher concerned.
June 1, 2000
Maternity Leave
Answer (cont)
Sec. 15, MC 41 s. 1998
• Maternity leave with pay may be granted
even if delivery occurs not more than 15
calendar days after the termination of
employee’s service as her right thereto has
already accrued.
June 1, 2000
Maternity Leave
Answer (cont)
• It was not Jessie’s fault not to be issued an
appointment, she should not be made to suffer the
consequences thereof.
• The grant of Maternity Leave benefits is in the
nature of social legislation which must be liberally
construed to give essence to equity, spirit of the
law and substantial justice.
June 1, 2000
Maternity Leave
CSC Res. No. 020576; Sacmar-Badiola, Ginalyn
Question
• Can an employee claim maternity leave benefits

during the period of her study leave with pay?
April 18, 2002
Maternity Leave
Answer
• No. Unlike those in the teaching profession,

employees who are on study leave earn leave
credits.
• Teachers are allowed to receive their PVP and
maternity leave benefits because they do not earn
leave credits during vacation period
April 18, 2002
Maternity Leave
Answer (cont.)
• To allow an employee who is on study leave with

pay to claim the maternity leave benefits would
amount to double compensation which is not
allowed under the 1987 Constitution and the
Administrative Code of 1987.
April 18, 2002
Leave during
Pendency of
Administrative
Case
Maternity Leave
CSC Res. No. 992456; Asperilla, Dominador
Question
• Can a government employee who has a pending

administrative case avail of his Special Leave
Privilege?
November 5, 1999
Maternity Leave
CSC Res. No. 992456; Asperilla, Dominador
Answer
• Yes. An employee who has a pending

administrative case is given the benefit of doubt
and is considered innocent until proven otherwise
and as such, is entitled to all benefits including
SLP.
November 5, 1999
Filing of Leave
Equivalent to
Assumption of Duty
Leave as Assumption of Duty
CSC Res. No. 011341; Nok, Khem N.
Question
• Can the filing of leave of absence be considered

as constructive assumption to duty in cases of
reassignment?
October 8, 2002
Leave as Assumption of Duty
CSC Res. No. 011341; Nok, Khem N.
Answer
• Yes. In cases of reassignment, the filing of a leave
of absence may be considered as constructive
assumption to duty if the head of agency
concerned approved or is deemed to have
approved the application.
• But, in cases of new appointments, physical
assumption of the duties and functions is required.
October 8, 2002
Exhaustion of Leave
Credits Prior to
Effectivity of Retirement
Exhaustion of Leave Credits
CSC Res. No. 020184; Monsod, Toby C.
Question
• Can accrued leave credits be exhausted
immediately prior to the effectivity of resignation?
February 6, 2002
Exhaustion of Leave Credits
CSC Res. No. 020184; Monsod, Toby C.
Answer: Yes.
• As a rule, if an official or employee wants to receive the
entire money value of her unused leave credits, she
must first terminate her employment with the
government.
• But, there is no specific provision of law or rule that
prohibits an official or employee from exhausting her
unused leave credits prior to the effectivity of her
separation from government service.
February 6, 2002
Transfer of Leave
Credits
Transfer of Leave Credits
CSC Res. No. 110545; Barber, Felicidad L.
Question:
• Can there be an exemption to the application of the
one-year rule on transfer of leave credits?
September 26, 2011
CSC Res. No. 110545; Barber, Felicidad L.
Answer:
• Yes. The Commission has ruled in many cases that
leave laws should be given liberal interpretation such
that all doubts must be resolved in favor of the
employee.
• The employer-agency also did not show any objection
to the transfer which presupposes their willingness to
pay its money value.
September 26, 2011
CSC Res. No. 1200182; Villano, Virgilio M.
• Terminal leave pay partake the nature of gratuity paid

for past services rendered. Through the years, the
trend leans in favor of retiring employees.
• Retirement laws are also liberally construed in favor of
retirees because it is intended to provide for the retiree
when he/she no longer capable of earning.
January 24, 2012
CSC Res. No. 1000173; Macarambon, Moslemen
Question
• Can transfer of leave credits be granted even if the
nature of the appointment is re-employment, with gap
in the service of more than 1 month?
October 6, 2010
CSC Res. No. 1000173; Macarambon, Moslemen
Answer
• Yes. It may also be allowed in cases of re-
employment, particularly when the agency where
such employee was re-employed interposes no
objection.
October 6, 2010
Rehabilitation Leave
CSC Res. No. 130565; De Veyra, Concordia M.
Question
• Can an employee who suffers from stroke while still in
her temporary residence (official travel) but already
preparing to report for work, be entitled to rehabilitation
leave benefits?
May 28, 2013
Answer
• Yes. While the situation does not fall under the
guidelines set, the rehabilitation privilege is a social
legislation which must be construed liberally and
decisions involving its application must be
characterized with compassion and consideration.
May 28, 2013
Answer (cont.)
• De Veyra’s factual circumstances deserve this
consideration. She was covered by a travel order
during that period and her intent to report to the COA
Central Office in pursuance of such order was evident.
May 28, 2013
Observation
• In decided cases, authority to deviate from the
guidelines are usually requested from the Commission
and not ordinarily done by heads of agencies
May 28, 2013
Extension of Service
CSC Res. No. 020365; Vitalicia, Editha G.
Question No. 1
• Is a presidential appointee, who is on extended
service, entitled to leave credits?
March 7, 2002
Answer No. 1
• No. An officer or employee who was granted an extension of
service by CSC is not entitled to leave credits.
• Analogously, one whose service was extended by the
President is likewise not entitled to leave credits. To do so
would create the impression that a presidential appointee
who was granted an extension of service is better situated
than one whose extension of service was granted by the
CSC.
March 7, 2002
Question No. 2
• When is the effectivity date of retirement of employees
on extended service? Is it the date they turned 65 or
the expiration date of their extended service?
March 7, 2002
Answer No. 2
The general rule is that during the extended

service, an employee no longer earns leave
credits and that the extended service is no longer
part of government service and not included in the
computation of his retirement benefits.
March 7, 2002
Answer No. 2
The intention for this rule is to forestall the

situation where an employee’s extension of
service may just be used to unscrupulously
increase the retirement benefits.
March 7, 2002
Answer No. 2 (cont.)
It would have been different if his service was

extended for the purpose of completing the 15
years of service required under GSIS Law since it
is only at this instance when the extension is
considered as government service.
March 7, 2002

Opinions and Rulings On Leave

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Opinions and Rulings On Leave

Uploaded by

Copyright:

Available Formats

Opinions and Rulings on

– Less than 30 days :

– POOR rating in 1 evaluation period

Yes, it is immediately executory even pending appeal to

Due to its non-disciplinary character, an employee

• After almost 2 months from the filing of the application for

Was Garrido validly dropped from the rolls?

No. While the approval of leave depends upon

Relevant Civil Service Rule:

Sec. 49. of the Omnibus Rules on Leave

Applications for leave which are unacted

• After 2 years of detention, the city changed its policy and

• On the 3rd year, Galzote was acquitted. She returned to work

• CSC ordered Galzote’s reinstatement and ruled

• City of Makati claims that there is no such rule as

Galzote’s predicament logically does not need a prior leave

• While on detention, the employee cannot be paid salaries

• Since the employee’s services are suspended, he/she cannot

Each head of department or agency shall

• Although it is incumbent upon all officers and employees to

• When by reason and practicality so dictates, the agency may

– For purposes of claiming salaries and benefits, a daily

A government employee, who is a witness

• If the case is directly connected with his official

– e.g. police officers or auditors, whose reports

• If the case is NOT directly related to the official

• OFFICIAL BUSINESS • OFFICIAL TIME

– Employee is entitled to – Employee is merely

WITNESS IN A CRIMINAL CASE

 Summoned by a court or other lawful authority

 Deemed as service in the regular course of

WITNESS IN A CRIMINAL/ ADMINISTRATIVE CASE

 If not under suspension, time consumed

WITNESS IN A CRIMINAL/ ADMINISTRATIVE CASE

 Upon exoneration, readjustment of charged leave

WITNESS IN A CIVIL CASE BETWEEN PRIVATE

If the place of Trial is MORE THAN 100

WITNESS IN A CIVIL CASE BETWEEN PRIVATE

If the place of Trial is 100 kilometers or less

• Civil Service rules are silent as to the half-day

Can employee who has rendered less than

Yes. An employee does not have to

Rule 1: “When the interest of public service

Rule 2: “An employee who has not rendered the

The GAAM rule of sufficient leave credits is to

In that way, an employee who renders less

Allian was granted by CHR a 3-month study leave

His absences were then charged to his

His year-end benefits were withheld and applied to

Does Allian have the obligation to refund the

Yes. The granting of his study leave was premised

CSC MC No. 14, s. 1999 –

Allian’s failure to take the bar exam for causes

Did CHR correctly apply Allian’s year-end

Yes. Allian has an obligation to pay back the

Can an employee who is to complete a

Yes. The rule, in its strict sense, allows only

But, there are instances which call for its

But, its grant is still in the discretion of the

Jessie was a casual teacher from 1994

In May 1999, she gave birth but was

• Can an employee claim maternity leave benefits

• No. Unlike those in the teaching profession,