Absent Without Official
Leave
(AWOL)
OUTLINE OF PRESENTATION
I. Definition of AWOL
II. Status of AWOL
III. Dropped from the Roll
IV. Procedures
V. Remedies
VI. Person Authorized to issue DFR order
VII. Jurisprudence
What is AWOL
• The status of any official or employee
who absents himself from work
without approved leave.(Section 3,NMC
95-017)
STATUS OF AWOL
AWOL includes but not limited to the following:
• Absence without approved leave.
• Abandonment of work or assignment without prior
approval of the immediate superior officer.
• Failure to give notice to the immediate superior officer
the fact of the inability to work on account of sickness
or injury.
STATUS OF AWOL
• Failure to file appropriate application for sick leave
after returning for work, attaching therewith the
required medical certificate.
• Failure to report for work to new assignment/unit within
3 days from receipt of the order of assignment.
• Reporting for work to a unit where he or she is not
officially assigned. (Section 3, NMC 95-017)
DROPPED FROM THE ROLL
•A non-disciplinary administrative sanction by
which the name of the PNP personnel is deleted
from the roster of personnel.
• A mode of separation, which does not result in
forfeiture of any benefits, cancellation of eligibility
or disqualification from reemployment in the
government service. (Section 2, NMC 95-017)
PROCEDURE
1. After five (5) calendar of AWOL
• Immediate superior shall serve a written notice at the
concerned PNP member’s last known address directing
him/her to report/return for work due to exigency of the service
within three (3) days from receipt thereof, with a warning that
failure or refusal to comply with the same shall be a valid
ground to drop him from the rolls.
• The written notice shall be served personally or registered
mail. ( Section 4 and 5, NMC 95-017)
PROCEDURE
• If the concerned PNP member fails to return for work after the
expiration of the 3-day period, the immediate superior officer
shall submit thru proper channel, within three (3) days, the
corresponding report with the recommendation to drop him
from the rolls to the proper PNP authorities. ( Section 5, NMC
95-017)
PROCEDURE
• Upon receipt of the official report, the PNP authority vested
with jurisdiction to exercise this non-disciplinary power shall
thoroughly evaluate the records, and if the recommendation is
found to be meritorious, shall forthwith issue the order of
dropped from the rolls. ( Section 5 (3), NMC 95-017)
PROCEDURE
2. AWOL for more than thirty (30) calendar days
• Without need of prior notice of AWOL. However,
he/she shall be informed of his/her separation
not later than five (5) days from its effectivity
which shall be sent to his/her address
appearing in his latest 201 file. (Section 4, 2nd Para,
NMC 95-017)
REMEDIES
(Note: DFR Order is Immediately Executory)
1. MOTION FOR RECONSIDERATION (Only one is allowed)
• WHEN TO FILE - Within fifteen (15) days from receipt of
the DFR Order
• WHERE TO FILE - With the authority who issued the
Order (Section 9, NMC 2010-001)
REMEDIES
(Note: DFR Order is Immediately Executory)
2. APPEAL (Notice of Appeal shall be filed before the authority
who issued the DFR Order.)
• WHEN TO FILE - Within fifteen (15) days from receipt of
the Order denying the Motion for Reconsideration
• WHERE TO FILE - With the C, PNP
- SILG whose Decision is Final (Section 10,
NMC 2010-001)
OFFICERS AUTHORIZED TO
ISSUE DFR ORDER
(PNPMC 2008-005)
1. Chief, Philippine National Police
2. Regional Directors
3. Directors, National Administrative Support Units
4. Directors, National Operational Support Units
5. Provincial Directors
6. City Directors
7. Group Directors, Regional Mobile Groups
8. Group Directors, Provincial Mobile Groups
9. City Chiefs of Police
NMC No. 2010-001
• DFR Orders issued by the Directors, National Support Units
are subject to confirmation by the C, PNP
• DFR Order issued by the Provincial Directors, City Directors,
Group Directors, Regional Mobile Groups Group Directors,
Provincial Mobile Groups and City Chiefs of Police are subject
to confirmation by the RD of the PRO concerned.
Dropped from the Rolls Absence Without Official Leave (NMC No.
Characteristics (NMC No. 95-017) 2016-002)
Nature Non-Disciplinary Action Disciplinary Proceedings
Number of Absences Required 5-30 calendar days absences without the required 1-3 days= Simple Neglect of Duty
leave 4-15 days=Less Grave Neglect of Duty
16 days or more=Grave Neglect of Duty
Due Process Requirement a. On the 6th day of absence, send a written
Notice to Return for Work within 3 days from
receipt. Otherwise, he/she will be DFR;
b. If continuously absent for a period of 30 days, Regular Notice and Hearing
no notice is required. However, he shall be
notified of his separation from the service
within 5 days from effectivity of the DFR
order.
Procedure a. If he/she returns, subject to disciplinary Pre-Charge Investigation,
proceedings; Summary Proceedings
b. If not, immediate superior will submit DFR DA Decision
recommendation thru channel within 3 days.
Dropped from the Rolls Absence Without Official Leave (NMC
Characteristics (NMC No. 95-017 as amended) No. 2016-002)
Approving/Disciplinary C, PNP C, PNP
Authority Regional Director Regional Director
Provincial Director
Chief of Police
Finality of Order a. Immediately after issuance of DFR Order,
salaries and allowances shall be stopped and
his name striken from the records. Decision penalizing the respondent will
b. Absences without official leave will be be held in abeyance until the MR or
deducted from accumulated leave. Appeal has been decided.
c. Firearm and other accoutrements (ID &
Badge) shall be recalled
Motion for Reconsideration One MR may be filed before the RD within 15 One MR may be filed within 10 days
(MR) days from receipt of DFR Order (NMC No. 2010- from receipt of decision
001)
Appeal a. Filed before the OCPNP within 15 days from a. Notice of Appeal-10 days from
receipt denying the MR; receipt of denial of MR
b. Decision of the C, PNP is appealable to SILG b. Memorandum of Appeal- 15 days
within 15 days from submission of Notice of Appeal
(NMC No. 2010-001)
JURISPRUDENCE
Madrid vs. Auditor General (108 PHIL 578)
“A person claiming right to a position in the civil service must
institute the proper proceedings to assert his right within the
period of one (1) year from date of his separation, otherwise, he
will be considered as having abandoned his office or even
acquiesced or consented to his removal and therefore not
entitled to bring action for his reinstatement”
JURISPRUDENCE
CSC vs. MINERVA M.P. PACHEO
G.R. No. 178021, January 25, 2012
If there is no work performed by the employee there can be no
wage or pay, unless of course the laborer was able, willing and
ready to work but was illegally locked out, dismissed or
suspended. The No work, no pay principle contemplates a no
work situation where the employees voluntarily absent
themselves.
JURISPRUDENCE
PETILLA VS. CA
G. R NO. 150792, MARCH 3, 2004
AWOL means that the employee is leaving or
abandoning his post without justifiable reason
and without notifying his employer.
THANK YOU and GOOD DAY
