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SECOND DIVISION
OFFICE OF ADMINISTRATIVE
SERVICES-OFFICE OF TilE
('OURT ADMINISTRATOR,
c ()Ill p ];, i 11 (1 11 I,
Present:
C;\RPIO . .!.. Chairperson.
BRION.
1\B/\D,
SERENO. and
REYES,.!.!.
- versus -
Promulgated:
__
JUL 1 8 20
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DECISION
BRION,].:
GISC
ilgainst Judge
lgn;~eio
B. Macmnc (respondent) lm
\'iolation 11f OC!\ Circul;~r No. 4()-200J 1 cl;ttcd M;1y 20. 200.~.
OC .!\ Circular No. 49-200J requires that ;Ill foreign travels of .iudges
;111d
C<'url personnel.
rcg;~rdless
permission fro111 the Cnml. ;\ ira\c] autlwrilv must he secured from the
() ( .!\ . .J l1 cJ 'g e s
fll U S I
w~s
IC (jll i rc m c !1 t s
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Decision
[1.]
application or letter-request addressed to the Court
Administrator stating the purpose of the travel abroad[;]
[2.]
application for leave covering the period of the travel
abroad, favorably recommended by the Executive Judge[; and]
[3.]
certification from the Statistics Division,
Management Office, OCA as to the condition of the docket[.]2
Court
On January 28, 2010,5 the respondent was informed by the OCA that
his leave of absence for the period of September 9-15, 2009 had been
disapproved and his travel considered unauthorized by the Court. His
absences shall not be deducted from his leave credits but from his salary
corresponding to the seven (7) days that he was absent, pursuant to Section
50 of the Omnibus Rules on Leave.6 The respondent was also required to
2
Decision
submit his explanation on his failure to comply with OCA Circular No. 492003.
a)
matter;
b)
Judge Ignacio B. Macarine, MCTC, Gen. Luna, Surigao del
Norte, be FINED in the amount of P5,000.00 for Violation for Circular
No. 49-2003 dated May 20, 2003; and
Decision
c)
the Financial Management Office, Finance Division, OCA,
be DIRECTED to DEDUCT the amount equivalent to the seven (7) days
salary of Judge Ignacio Macarine as a result of his disapproved and
unauthorized leave of absence pursuant to Section 50, Omnibus Rules on
Leave, without deducting his leave credits thereof. [emphases supplied]
Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided
or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced
by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower
courts.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the Rules of Court or by the court itself.
Decision
In the present case, the respondent, after learning that his daughter had
already booked him and his family in a hotel in Hongkong, immediately
went to Manila to secure his travel authority from the Court. However, with
the short period of time from their arrival in Manila on September 9, 2009
up to the time of their booking in Hongkong from September 13 to 15, 2009,
he was pressed for time and opted not to complete the required travel
authority, with the intention of securing one after his travel. The respondent
regretted his failure to comply with the requirements of OCA Circular No.
49-2003. He acknowledged his mistake and promised not to commit the
same infraction in the future.
Decision
SO ORDERED.
ARTURO D. BRION
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Senior Associate Justice
Chairperson
ROBERTO A. ABAD
Associate Justice
BIENVENIDO L. REYES
Associate Justice