CASE ANALYSIS

CASE NO. 1
On December 23, 2014, it was declared that the following day, Dec.
24, 2014 will be a half day holiday. Procopio Cruz was absent on Dec. 24,
2014. James Yap of LGU Kidapawan City raised the query whether said
declaration is covered by Section 32, Rule 16 of the Omnibus Rules
Implementing Book V of EO 292. Said provision states, “where an
employee fails to report for work on a regular day for which a “holiday” is
declared, he shall be considered absent on that day.” The cases in the
aforementioned law where a holiday was declared on same day includes
typhoons, jeepney strikes and the like. In the case of December 24, 2014,
however, the half-day holiday was declared the day before.
Please determine whether Cruz who was absent on December 24, 2014
will be marked as absent the whole day or half-day only.
CASE NO. 2
Ms. Glen Dalisay, General Services Officer, Office of the General
Services, Laoag City, requests clarification as to whether or not an
employee who has been arrested and subsequently detained in jail
may be declared on AWOL. She also asks whether or not in the event
such employee is exonerated from the charges against him, may he
claim salary and wages for the duration of his detention, as well as
earn leave credits? Lastly, the question is posed on whether the said
employee can apply for terminal leave.
Please prepare the answers to the queries posted by Dalisay.
CASE NO. 3
Rodolfo Fernandez, Officer-in-charge, Human Resource and
Management Department, of Bangko Sentral ng Pilipinas, Manila,
requests a ruling on whether or not a government employee who
has a pending administrative case can avail of his special leave
benefits. Clarification is likewise requested with regard to the
interpretation of the phrase “personal to him” found in Section 21
(4), Rule XVI of Civil Service Commission Memorandum Circular No.
41, s. 1998.
CASE NO. 4
Mary Rose Basa, Administrative Officer III, Calbayog
City, seeks clarification regarding Section 23 of the
Omnibus Rules on Leave (Monetization of 50% or more of
the vacation/sick leave credits). Particularly, Basa asks
whether the aforequoted provision allows an employee to
monetize her sick leave credits if she has no available
vacation leave credits.
CASE NO. 5
Mrs. Ligaya Co, Scientific Documentation Officer III, Department of
Energy and her husband were granted placement for adoption of a baby
girl by virtue of Pre-adoption Placement Authority issued by the
Department of Social Welfare and Development (DSWD) effective March
1999. In view of this, she wants to avail of maternity leave benefit
consistent with Article VI, Section 34 of the Implementing Rules and
Regulations (IRR) of RA 8552. CSC Memorandum Circular No. 41, s. 1998
(Leave Benefits), however, does not categorically mention the grant of
maternity benefit to adoptive parents. May Mrs. Co avail of maternity
leave benefits?
CASE NO. 6
Andrea Andrews, Teacher I, Paranaque National High School (PNHS), has been teaching
for five (5) years as casual/contractual teacher. Her contract of employment is renewed
twice in the same year that is from January to March, and June to November. From April to
May and for the month of December of the same year, Andrew’s contract of employment,
normally expire and has to be renewed again at the start of the same year and mid-year. In
other words, there is no contract of employment issued to her during the long vacation,
but she received her corresponding salary for that period. Andrews gave birth on May 25,
2014. PNHS claims that since she has no appointment during the long vacation when the
period of delivery occurred, that is on May 25, 2014. Thus, she is not entitled to maternity
leave benefits.
May casual/contractual teachers who gave birth during the long vacation, i.e. April-
May entitled to Maternity Leave Benefits even when their contract of employment as
teacher expired or has not yet been renewed in the meantime by the authorities
concerned?
CASE NO. 7
Assistant Secretary Carina Santiago of the Department of Trade and
Industry (DTI), Makati City, requests an opinion on whether she can
exhaust her remaining accrued vacation and sick leave credits
immediately prior to the effectivity of her resignation from the
government service. She has an accrued vacation and sick leave credits
totalling 33.4 days. It is the intention of Asst. Secretary Santiago to
deplete her accrued leave credits prior to the effectivity date of her
resignation such that she will remain under government payroll instead of
receiving in lump sum the money value of her accrued leave credits.
May an employee be able to exhaust her/his leave credits immediately
prior to the effectivity of her/his resignation?
CASE NO. 8
April Aquino, Special Investigator II, Telecommunications Office (TELECOM),
Department of Transportation and Communication (DOTC), requests a ruling on
whether she can claim the maternity leave benefits due to miscarriage she
suffered during the period she was on study leave with pay. Upon her return from
said study leave and within reasonable period of time she filed with the Personnel
Section the corresponding money value guaranteed under the Maternity Leave
Law. Initially, it was approved by said section and was forwarded to the
Accounting Section for computation. However, the COA Chief assigned in the
office disallowed the application for grant of maternity leave to Aquino. They
reasoned out that to allow recovery/claim would be tantamount to “double
compensation”.
May an employee claim maternity leave benefits during the period of her
study leave with pay?
CASE NO. 9
A team from the CSCRO conducted an inspection and audit of the
personnel and leave records of an agency on April 3-4, 2001. The audit team
found out that the said office allows undertime to be deducted from vacation
leave credits subsequently earned by an employee whose leave balance is
negative at the time the undertime and tardiness were incurred. Hence, the
CSCRO contended that the said practice was not in accord with CS Rules and
Regulations. In its Monitoring and Audit Report dated May 2, 2001, the CSCRO
recommended the deduction of the corresponding money value of absences,
undertime and tardiness made from the salary of the employees who have no
earned leave balance.
Issue: Whether or not CSCRO XII erred in ruling that tardiness and
undertime should be deducted from the salary of the employee who has no
available vacation leave credits.
CASE NO. 10
Krystal Tugnao, Senior HR Specialist and Officer-in-charge, CSC Aklan
Provincial Office requests legal opinion on the Resolution adopted by the
Commission on Elections (COMELEC) granting an additional five-day leave credit
to government employees who served as Board on Election Inspectors (BEIs)
during the May 14, 2001 election. COMELEC Resolution No. 4434, s. 2001, states in
part that “considering that government employees likewise served and risked
their lives acting as members of the BEIs, Poll Clerk and Third Member, the
Commission RESOLVED, as it hereby RESOLVES to request the Department/Officers
concerned to grant 5-day leave credits for each day of election service to
government employees under their department who serve as BEIs during the
elections.”
Is the granting of additional 5-day leave credit allowed under CS Law and
Rules?
CASE NO. 11
Ms. Marian P. Ano, Asst. Dept. Manager I, Home Development Mutual Fund
(HDMF), Makati City, inquires whether she could avail the study leave to complete
her Doctoral Degree in Public Administration at the Polytechnic University of the
Philippines Graduate School, Sta. Mesa, Manila.
She is a student of Doctor in Public Administration (DPA) at Polytechnic
University of the Philippines Graduate School, Sta. Mesa, Manila and currently on
the last stage of her dissertation writing. She has completed the academic
requirements and passed the Comprehensive Examination. She has been in the
public service for almost 20 years (particularly in completion of her Masters
Degree in Public Administration.
Her question is: if she could avail of the study leave to complete her studies
under MC No. 14, s. 1999, “Guidelines on Study Leave” as amended by MC No. 21,
s. 2004?
CASE NO. 12
Mr. Carlos Limotin was a security guard of the Department of Public
Works and Highways (DPWH) from 1975-1980 and was appointed as
Patrolman in the Integrated National Police on December 27, 1980 and
retired from the Philippine National Police on October 19, 2007. When he
transferred to INP (now PNP) he failed to transfer his leave credits from
DPWH. Mr. Limotin did not request accreditation of the services rendered
at the DPWH when he was still in the active service. Records show that
while in DPWH, Mr. Limotin earned a total of 136.257 leave credits (61.965
vacation leave credits and 74.292 sick leave credits.)
Issue: Can the transfer of leave credits from DPWH to PNP be allowed?
THANK YOU!