ARGAOSA, Ma. Shirleen L.

Re: Dropped from the Rolls; Appeal

x------------------------------------------x

RESOLUTION NO. 020554

Ma. Shirleen L. Argaosa, Information Systems Analyst II, Information Systems Operation Service, Bureau
of Internal Revenue (BIR), Quezon City, appeals the Order dated January 30, 2001 of the Civil Service CommissionNational Capital Region (CSC-NCR), Quezon City, which dismissed her appeal from the Decision of then BIR
Commissioner Beethoven L. Rualo dropping her from the rolls effective February 12, 1999 due to absences without
official leave (AWOL). The material portions of the assailed Order read, as follows:
"As clearly provided for under Civil Service Commission Memorandum Circular
No. 41, s. 1998, an application for leave, either filed before or after the date one has
incurred absences, is necessary in order that a person may not be declared on an
absence without official leave (AWOL). Moreover, Civil Service Commission
Memorandum No. 14, s. 1999, which amended Civil Service Commission Memorandum
Circular No. 41, s. 1998, declares that the approval of sick leave is mandatory provided
that proof of sickness or disability is attached to the application. However, mere
submission of a medical certificate does not at all dispense with the requirement that an
application for sick leave should be filed.
"The Monthly Summary report of Attendance shows that Argaosa did not report
for the whole month of September and October. On October 20, 1998, a Memorandum,
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signed by Assistant Commissioner Alberto Pio Roda, Information Systems Operations

Service, was sent to Argaosa informing her of the prolonged absences and requiring her
to report to work and to file the corresponding leave of absence. Apparently, this
Memorandum was sent thru Dr. Venus Ibarra at San Pablo Colleges. Argaosa, however,
represented that the same was only received sometime during the last week of November,
1999. It was only then that she requested her husband to file her leave form with the
medical certificates.
xxx
"Thus, notwithstanding the fact that the memorandum sent to Argaosa was sent to
the wrong address and received late, Argaosa had already incurred absences for more
than thirty days without filing the necessary leave application. Consequently, her dropping
from the rolls was justified.
"Although the sickness of Argaosa rendered her unable to file personally her
leave application, it does not exempt her from the requirements of the rule. In other words,
her application for leave may have been filed by persons other than Argaosa in order
that notice may have been served to her Office.
"It appears that Argaosa submitted several medical certificates issued by Dr.
Marilyn M. Garcia of the Los Baos Doctors Hospital, Inc., College, Laguna, covering the
period from August 25, 1998 to December 31, 1998. In the said medical certificates,
Argaosa, was advised, respectively, to have complete bed rest on the following dates
due to threatened abortion, to wit: August 25-September 7, 1998, September 8-30, 1998;
October 6-23, 1998; and October 26-November 21, 1998. In the medical Certificate dated
December 3, 1998, Argaosa was diagnosed for Placenta Previa Partialis and was
advised to have complete bed rest from November 5 to December 31, 1998.
"On the other hand, Deputy Commissioner Estelita Aguirre of the BIR submitted a
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photocopy of the Monthly Summary Report of Attendance of their employees from

September 1998 to February 1999. The said report yielded the following results:
Argaosa, Ma. Shirleen
September, 1998 ---------------

22 days absent
(remarks: not yet filed A/L)

October, 1998

21 days absent
(remarks: absent)

---------------

November, 1998 ---------------

19 days absent
(no remarks)

December, 1998 ---------------

20 days absent
(no remarks)

January, 1999

---------------

20 days absent
(no remarks)

February, 1999

No entry
(Remarks: recomm.
--------------For Dropping from the
rolls 2/12/99)'"

Appellant Argaosa anchors her appeal on the following grounds:

"GROUND
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"The National Capital Region Office erred in arriving at the same conclusion as the Bureau of Internal
Revenue because it did not re-examine the facts, law and evidence relevant to the case.
"DISCUSSION
In arriving at its conclusion, the National Capital Region Office cited Civil Service Commission Resolution
No. 98-1489 (De la Cruz, Cesar R.). This is not applicable in the case of appellant. In the case cited, De la Cruz
submitted medical certificates dated long after he was dropped from the rolls. In contrast to the case of appellant
she has medical certificates dated August 25-September 7, 1998; September 8-30, 1998; October 6-23, 1998
and October 26-November 21, 1998. In the medical certificate dated December 03, 1998, she was diagnosed for
Placenta Previa Patialis and was advised to have complete bed rest from November 5 to December 31, 1998. All
these medical certificates were taken note of by the Regional Office, however, it disregarded the dates and did not
take into consideration that they were all dated before she was dropped from the rolls and not after as in the case
of De la Cruz, Cesar R.
"The Regional Office ignored the fact that when she received the letter advising her to file the
corresponding sick leave she immediately sent her husband to the office to file the corresponding sick leave but it
was refused despite the fact that she has medical certificates. In CSC Resolution No. 98-1924 dated July 17,
1998 (Montances, Delfin L) the CSC ruled that:
xxx. It must be emphasized that the approval of an application for sick leave is ministerial
or mandatory on the part of the head of office for as long as said application is duly
supported by a medical certificate. However, the head of office may disapprove said
application when there is strong evidence that said medical certificate is a fabrication and
that the applicant for said leave of absence was not actually sick.
"Here, the appellant was actually sick and was advised to have complete bed rest as shown in her medical
certificates.
"Moreover, the National Capital Region Office ignored the fact that her situation is known to her chief as
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she was informed by the appellant. When she suffered bleeding, she was at the office at that time. From time to
time she has been calling to inform the office of her situation. The office is informed of her whereabouts. And
although she has residence address at her 201 file, the letter advising her to file the corresponding leave was sent
to a wrong address which caused the delay in the receipt thereof.
"PRAYER
"WHEREFORE, the foregoing premises considered, it is respectfully prayed of this Honorable Office, that
it sets aside or reverses the order of the National Capital Region Office dismissing the appeal and renders a new
Order re-instating the appellant to her position with full benefits and backwages."
Upon receipt of the appeal of Argaosa on February 26, 2001, the Commission in its Order dated April 02,
2001 directed CSC-NCR to submit its comment and the pertinent documents on the said appeal within ten (10) days
from notice. However, CSC-NCR failed to comply with the said Order up to this date. Hence, the appeal will be
resolved based on available records.
Records show that on August 24, 1998, Argaosa, while in office, suffered bleeding due to her pregnancy.
She consulted her physician about her condition and was diagnosed to have Placenta Previa Patialis, an abnormal
implantation of the placenta at or near the internal opening of the uterine cervix so that it tends to precede the child at
birth usually causing severe maternal hemorrhage (Webster Third New International Dictionary, 1976 Edition,
p.1728). She did not report for work from September 1 to October 31, 1998. In a memorandum dated October 20,
1998 BIR Assistant Commissioner Alberto A. Pio De Roda directed her to report for work and to file the
corresponding application for leave of absence. Otherwise, she will be dropped from the rolls of the BIR. The said
memorandum reads, as follows:
"You are hereby reminded of your prolonged absences as follows: 23 absences for
September and from October 1 up to present without filing the necessary approved
application for leave. In this regard, you are hereby directed to report for work within three
(3) days upon receipt hereof and to file the corresponding application for leave of absence,
otherwise, you will be dropped from the rolls of this Bureau pursuant to Section 35 VI, MC
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No. 12 s. 1994 of the Civil Service Law and Rules."

Argaosa received the above memorandum only sometime in November 1998. Upon receipt of the
memorandum, she immediately requested her husband to go to her office and file her leave application with the
medical certificates. However, Arganosa's immediate supervisor refused to receive her leave application and
instead told her husband to inform her to file her resignation effective January 1999. On December 06, 1998,
Argaosa wrote a letter to then BIR Commissioner Rualo seeking humanitarian consideration on her case.
However, she did not receive any response from then BIR Commissioner Rualo. On March 02, 1999, a
memorandum was issued by Adelina C. Ramos, Assistant Chief Personnel Division to the Chief of the Accounting
Division, same office, stopping the payment of Argaosa's salary on the ground that she has been dropped from
the rolls effective February 12, 1999. Said Memorandum is hereunder quoted, as follows:
"Ms. MA. SHIRLEEN L. ARGAOSA, who is assigned in Information Systems
Operations Service, this Bureau, and who is occupying the position of Information Systems
Analyst II at P146,472.00 per annum has been dropped from the rolls effective February
12, 1999."
In March 1999, Argaosa, reported to office and was informed that she was already dropped from the rolls.
She was further given copies of the memorandum dated February 12, 1999 issued by BIR Assistant Commissioner
Pio De Roda which recommended that Argaosa be dropped from the rolls due to her prolonged absences and
memorandum dated March 02, 1999 issued by Adelina C. Ramos. After giving birth sometime in April 1999,
Argaosa wrote a letter to the Commission complaining about her being dropped from the rolls. The same was
referred to the CSC-NCR pursuant to Section 6B(3), Rule I, Uniform Rules on Administrative Cases in the
Civil Service [CSC Resolution No. 99-1936 dated August 31, 1999]. An Order dated January 30, 2001 was
subsequently promulgated by CSC-NCR affirming the dropping of the rolls of Argaosa. Hence, the instant appeal.
The pivotal issue in this case is whether there is a valid ground to drop Argaosa from the rolls.
Relevant to the instant appeal is Section 2, Rule XII of CSC Memorandum Circular No. 15, s. 1999
(Additional Provisions and Amendments to CSC Memorandum Circular No. 40, s. 1998) which provides that:
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"Sec. 2 Dropping from the Rolls. Officers and employees who are either habitually
absent or have unsatisfactory or poor performance or have shown to be physically and
mentally unfit to perform their duties may be dropped from the rolls subject to the following
procedures.
"a. An officer or employee who is continuously absent without approved leave
(AWOL) for at least thirty (30) WORKING days shall be separated from the
service or dropped from the rolls without prior notice. He shall, however, be
informed of his separation from the service not later than five (5) days from its
effectivity which shall be sent to the address appearing on his 201 files OR TO
HIS LAST KNOWN ADDRESS.
"b. If the number of unauthorized absences incurred is less than thirty (30)
WORKING days, a written Return-to-Work order shall be served on the official
or employee at his last known address on record. Failure on his part to report
for work within the period stated in the order shall have a valid ground to drop
him from the rolls."
The validity of Argaosas dropping from the rolls hinges on whether she incurred continuous absences of at
least thirty (30) working days. As borne out by the records, Argaosa has been reporting to office erratically since
the time she experienced bleeding on August 24, 1998. In September and October 1998, the appellant failed to
report to office because she was ordered by her physician to have a complete bed rest. The periods in which
Argaosa was advised by her physician to have a complete bed rest are shown in the submitted medical
certificates. These are as follows: 1) from August 25, 1998 to September 07, 1998; 2) from September 08,1998 to
September 30, 1998; 3) from October 06, 1998 to October 23, 1998 and 4) from October 26, 1998 to November 21,
1998. In another medical certificate dated December 03, 1998, Argaosa was further advised to have another
complete bed rest up to December 31, 1998.
Argaosa contends that she did not file her sick leave application since she relied on the fact that she and
her husband informed her office about her condition through the telephone. The BIR did not rebut this allegation.
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In the light of foregoing facts and circumstances, it is undisputed that Argaosas office is cognizant of her
illness. Furthermore, there is no showing that Argaosa simulated her illness. Thus, Argaosa cannot be accused
of having been absent without an approved sick leave, for how can Argaosa be expected to report to work and
perform her regular duties and functions if her illness prevented her to do so. In the case of Carolina D. Muyco,
CSC Resolution No. 96-4175 dated July 09, 1996, the Commission similarly ruled, as follows:
"Such being the case, Muyco cannot thus be faulted for having been absent despite
the disapproval of her application for sick leave. For how could she be expected to report
for work and perform her regular duties and other assigned tasks if she is indeed sick and
physically incapable of doing the same. x x x . The situation was aggravated when Muyco
was dropped from the rolls which was confirmed by CSRO No. XII on October 21, 1992."
Moreover, the CSC-NCR erred in applying the case of Cesar R. De la Cruz (CSC Resolution No. 98-1489
dated June 16, 1998) to the case of Argaosa. It must be noted that the former was dropped from the rolls due to
the fact that he was not physically incapacitated to file his leave of absence and the medical certificate submitted to
support his continuous absences without an approved leave was submitted only on April 26, 1996 after he was
considered on AWOL by Mayor Malonzo on March 28, 1996. In the case of Argaosa, she was physically
incapacitated to file a sick leave application due to her illness and was advised by her physician to have a complete
bed rest. As for the submission of medical certificate, the records show that such certificate was to the sick leave
application filed on her behalf by her husband sometime in November 1998.
The approval of an application for leave of absence due to illness is a ministerial duty on the part of the head
of office. The only exception would be if the head of office entertains doubts on the employee's claim of illness. In
such case, the head of office should verify the veracity of the employee's claim. This has been the ruling of the
Commission in the case of Pedro H. Duran, CSC Resolution No. 99-2363 dated October 14, 1999, pertinent
portion of which reads, as follows:
"x x x when a sick leave of absence is filed by an employee, the head of office does
not have any other choice but to grant the same. In which case, it becomes now a
ministerial duty on the part of the agency to grant the application for sick leave, the only
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exception, is when the head of agency entertains doubt on the employees claim of ill
health. In such case, it is incumbent upon the head of agency to determine or verify the
veracity of the employees claim of ill health. On the other hand, leave of absence for any
other reason than illness of an officer or employee is discretionary on the part of the head
of agency to approve the same."
Lastly, since Argaosa's illness prevented her from filing her application for sick leave of absence, she
should be allowed to file the same upon her return to office.
This finds support in Section 53, Rule XVI of the Omnibus Rules Implementing Book V of Executive
Order No. 292, which reads, as follows:
"Sec. 53. Application for sick leave. All application for sick leave of absence for
one full day or more shall be made on the prescribed form and shall be filed immediately
upon employees return from such leave. Notice of absence, however, should be sent to
the immediate supervisor and/or to the agency head. Application for sick leave in excess
of five (5) successive days shall be accompanied by a proper medical certificate."
(Underscoring supplied)
Corollary thereto is the ruling of the Commission in the case of Genevieve C. Taeza, CSC Resolution No.
98-1289 dated May 27, 1998, the material portion of which reads, as follows:
"In view of the foregoing, the Commission finds that notwithstanding appellants
failure to file sick leave application covering the period of 8 October 1997 until 13
November 1997, she could not be considered AWOL. During that period, she was
physically incapacitated to file the same due to her illness. In a number of occasions, the
Commission has ruled that when the illness of an employee renders him physically
incapacitated, he may file the sick leave application upon his return." (Underscoring
supplied)
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WHEREFORE, the appeal of Ma. Shirleen L. Argaosa is hereby GRANTED. Accordingly, the Order
dated January 31, 2001 of CSC-NCR is hereby set aside. The Bureau of Internal Revenue, Quezon City, is directed
to reinstate Argaosa to her former position with payment of backwages and other benefits from February 12,
1999 when she was dropped from the rolls up to the date of her reinstatement.
Quezon City, APR 16 2002

(Signed)
JOSE F. ERESTAIN, JR.
Commissioner
(Signed)
KARINA CONSTANTINO-DAVID
Chairman

(Signed)
J. WALDEMAR V. VALMORES
Commissioner
Attested by:
(Signed)
ARIEL G. RONQUILLO
Director III
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FPG/KPZ/X2/Y12(diskette2)/rad90
Arganosa/vog
NDC-01-0257`

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