CASE BrieF NO. 2019-0030


“Dropping from the rolls is non-disciplinary in nature, and thus, separation from the service shall neither result in the forfeiture of benefits nor disqualification from reemployment in the government.


CASE: Re: Dropping from the Rolls of Mr. Steveril J. Jabonete, Jr., Junior Process Server, MTC, Pontevedra, Negros Occidental [A.M. No. 18-08-69-MTC, January 21, 2019]

PONENTE: Associate Justice Estela Perlas-Bernabe

SUBJECT:

  1. ADMINISTRATIVE LAW:Dropping from the Rolls – Effect

FACTS:        Steveril J. Jabonete, Jr. (Jabonete) is a Junior Process Server at MTC, Pontevedra, Negros Occidental.

The records of the Office of the Court Administrator (OCA) show that Jabonete had an approved vacation and sick leave application until June 3, 2011. However, he has not reported back to work and has not submitted his Daily Time Record (DTR) since June 2011. Neither has he submitted additional applications for leave. Thus, based on the records, Jabonete has been absent without official leave since June 6, 2011.

A letter was sent to Jabonete directing him to submit his DTRs from June 6, 2011 up to said date, however, the OCA has not received any compliance from Jabonete. Thus, his salaries and other benefits were withheld.

In its Report, the OCA recommended, among others, that Jabonete’s name be dropped from the rolls effective June 6, 2011 for having been absent without official leave and his position be declared vacant. The OCA added, however, that Jabonete is still qualified to receive the benefits he may be entitled to under existing laws and may still be reemployed in the government.

ISSUE:

Is Jabonete still be qualified to claim his benefits and/or reemployed in the government?

HELD:

Section 93 (a), Rule 19 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) states:

Section 93. Grounds and Procedure for Dropping from the Rolls. — xxxx

  1. 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. He/she shall, however, be informed of his/her separation not later than five (5) days from its effectivity which shall be sent to the address appearing on his/her 201 files or to his/her last known address;

x x x x

Based on this provision, Jabonete should be separated from the service or dropped from the rolls in view of his continued absence since June 6, 2011.

A court personnel’s conduct is circumscribed with the heavy responsibility of upholding public accountability and maintaining the people’s faith in the judiciary [Re: Dropping from the Rolls of Mr. Florante B. Sumangil, A.M. No. 18-04-79-RTC, June 20, 2018]. By failing to report for work since June 2011 up to the present, Jabonete grossly disregarded and neglected the duties of his office. Undeniably, he failed to adhere to the high standards of public accountability imposed on all those in the government service.

Nevertheless, dropping from the rolls is non-disciplinary in nature, and thus, Jabonete’s separation from the service shall neither result in the forfeiture of his benefits nor disqualification from reemployment in the government pursuant to Section 96,Rule 19 of the RRACCS which provides:

Section 96. Dropping From the Rolls; Non-Disciplinary in Nature. – This mode of separation from the service for unauthorized absences or unsatisfactory or poor performance or physical or mental incapacity is non-disciplinary in nature and shall not result in the forfeiture of any benefit on the part of the official or employee or in disqualification from reemployment in the government.

Related CASE BrieFs:

  1. [Re: Dropping from the Rolls of Mr. Florante B. Sumangil, A.M. No. 18-04-79-RTC, June 20, 2018]
  2. Re: Dropping From the Rolls Of Laydabell G. Pijana, Sheriff IV, Regional Trial Court Of Tagaytay City, Cavite, Branch 18 (2019)

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THINGS DECIDED:

  1. 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.
  2. A court personnel’s conduct is circumscribed with the heavy responsibility of upholding public accountability and maintaining the people’s faith in the judiciary.
  3. Dropping from the rolls is non-disciplinary in nature, and thus, Jabonete’s separation from the service shall neither result in the forfeiture of his benefits nor disqualification from reemployment in the government.

‘Stand by things decided’ ~ Stare Decisis


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