Re: Jabonete
REITERATIONFacts
The Antecedents: Steveril J. Jabonete, Jr. (Jabonete), Junior Process Server at the Municipal Trial Court (MTC), Pontevedra, Negros Occidental, had an approved leave of absence until June 3, 2011. He failed to report back to work and submit his Daily Time Record (DTR) from June 6, 2011, onwards, and did not submit any further leave applications. Procedural History: The Employees' Leave Division (ELD) of the Office of Administrative Services (OAS) – Office of the Court Administrator (OCA) sent Jabonete letters on February 28, 2012, and March 21, 2012, directing him to submit his DTRs and warning him of potential salary withholding and recommendation for dropping from the rolls. The March 21, 2012 letter was personally handed to Jabonete by the Acting Presiding Judge George S. Patriarca on May 10, 2012. Despite these directives, Jabonete failed to comply, leading to the withholding of his salaries and benefits. The OCA reported that Jabonete had no pending administrative case, was not an accountable officer, and was still in the active service plantilla. The OCA recommended that Jabonete be dropped from the rolls effective June 6, 2011, his position declared vacant, and that he be informed of his separation. The OCA also noted his continued qualification for benefits and reemployment. The Petition: This administrative matter concerns the recommendation of the Office of the Court Administrator (OCA) to drop Steveril J. Jabonete, Jr. from the rolls due to his prolonged absence without official leave (AWOL). The core issue is whether Jabonete's continuous absence without leave since June 6, 2011, warrants his separation from the service under the applicable rules.
Issue(s)
Whether Steveril J. Jabonete, Jr. should be dropped from the rolls effective June 6, 2011, for being absent without official leave (AWOL) for more than thirty (30) working days. Whether Jabonete's separation from the service due to AWOL results in the forfeiture of his benefits or disqualification from reemployment.
Ruling
The Court granted the recommendation of the Office of the Court Administrator (OCA). Steveril J. Jabonete, Jr. is hereby DROPPED from the rolls effective June 6, 2011, and his position is declared VACANT. He is, however, still qualified to receive the benefits he may be entitled to under existing laws and may still be reemployed in the government. A copy of the Resolution is to be served upon him at his last known address.
Ratio Decidendi
On Issue 1: The Court ruled that Steveril J. Jabonete, Jr. must be dropped from the rolls effective June 6, 2011, due to his continuous absence without official leave (AWOL) for more than thirty (30) working days. This ruling is based on Section 93(a)(1) of the Revised Rules on Administrative Cases in the Civil Service (RRACCS), which explicitly states that an officer or employee continuously absent without official leave for at least thirty (30) working days shall be separated from the service or dropped from the rolls without prior notice. The Court emphasized that Jabonete's failure to report for work since June 2011 constituted a gross disregard and neglect of his duties, failing to adhere to the high standards of public accountability imposed on government service. The Court noted that despite being informed of the consequences through letters from the ELD and personal delivery by Judge Patriarca, Jabonete remained non-compliant. On Issue 2: The Court affirmed that Jabonete's separation from the service due to AWOL is non-disciplinary in nature. Consequently, his separation shall neither result in the forfeiture of any benefits to which he may be entitled under existing laws nor disqualify him from reemployment in the government. This is in accordance with Section 96 of the RRACCS, which clarifies that dropping from the rolls for unauthorized absences is not a disciplinary measure. The Court also referenced the corresponding provisions in the 2017 Rules on Administrative Cases in the Civil Service (Rule 20, Section 110) which maintain the non-disciplinary nature of this form of separation.
Main Doctrine
An officer or employee who is continuously absent without official leave (AWOL) for at least thirty (30) working days shall be separated from the service or dropped from the rolls without prior notice. Such separation is non-disciplinary and does not result in the forfeiture of benefits or disqualification from reemployment.