In Complaint of Ricky R. Regala vs. Enrique E. Manabat, Jr., the Supreme Court affirmed the dismissal of a Security Guard I (SGI) from the Court of Appeals for gross neglect of duty and conduct prejudicial to the best interest of the service. The Court found that the SGI abandoned his post under false pretenses and failed to report for work without justification. The decision underscores the high standard of conduct expected of public servants and emphasizes that neglecting one’s duties, especially those concerning security, is a serious breach of public trust, potentially leading to dismissal from service and forfeiture of benefits.

When a Security Guard’s Deception Leads to Dismissal

The case originated from a complaint filed by the Acting Chief of Security of the Court of Appeals (CA) against SGI Enrique E. Manabat, Jr. The complaint alleged that Manabat abandoned his post and was absent without prior leave (AWOL). On November 15, 2013, Manabat requested permission to go to the Philippine General Hospital (PGH) for physical therapy. However, he did not return to his post, and inquiries revealed that he never attended his scheduled therapy. Furthermore, he was AWOL from November 19 to 22, 2013, without notifying his colleagues or superiors.

Manabat offered an explanation in his Counter-Affidavit, stating that an emergency call from his wife concerning a relative affected by Typhoon Yolanda prevented him from returning to work or notifying his superiors. He claimed that the urgency of the situation caused him to forget his duties. The CA Clerk of Court filed a Formal Charge against Manabat for Simple Neglect of Duty and Conduct Prejudicial to the Best Interest of the Service. After a preliminary conference, the parties were required to submit memoranda, leading to the CA CoC’s recommendation for Manabat’s dismissal, citing his prior offense of simple neglect of duty.

The Office of the Court Administrator (OCA) concurred with the finding of simple neglect of duty, emphasizing Manabat’s carelessness and indifference. It also agreed that abandoning his post constituted conduct prejudicial to the best interest of the service, warranting dismissal. The Supreme Court, however, went further in its analysis. While the OCA recommended finding Manabat guilty of Simple Neglect of Duty, the Supreme Court found that Manabat was guilty of Gross Neglect of Duty.

The Court distinguished between simple and gross neglect of duty, explaining that simple neglect of duty is the failure to give proper attention to a task due to carelessness or indifference. In contrast, gross neglect of duty involves a glaring want of care, acting willfully and intentionally in a situation where there is a duty, or acting with conscious indifference to consequences. The Supreme Court reasoned that the fact Manabat had never actually attended his scheduled therapy session on November 15, 2013, meant that Manabat intentionally made up a ruse for him to leave his station and never come back, evincing that his act of leaving his post was intentional or willful and not merely out of inadvertence or carelessness.

The Court emphasized that regardless of whether Manabat was guilty of gross or simple neglect, the outcome would be the same: dismissal from service. As it is also undisputed, that he failed to report back for work after his therapy session and lack of notice to his superiors that he could not report for work constitute Conduct Prejudicial to the Best Interest of the Service. This is due to the fact that his post was left unmanned during the times he failed to report for work. In fact, Manabat’s excuses were deemed inconsistent. His length of service did not mitigate the sanction, especially considering his prior disciplinary record, including a prior finding of simple neglect of duty. The court referenced Court of Appeals by: COC Marigomen v. Manabat, Jr., wherein the respondent was already found guilty of simple neglect of duty for accidentally discharging his service firearm.

The Supreme Court also addressed the charge of Conduct Prejudicial to the Best Interest of the Service. It is crucial to understand that there is no concrete description of what specific acts constitute the said offense but abandonment of office and failure to report back for work without prior notice had been deemed as such. The Court noted that Manabat’s failure to report back for work and his lack of notice to superiors constituted Conduct Prejudicial to the Best Interest of the Service. This is further reinforced by the evidence on record, which showed that Manabat was previously found guilty of Simple Neglect of Duty and sanctioned or penalized by the CA for numerous infractions in the past, including simple discourtesy, unprofessional behavior, habitual absenteeism, and disrespectful utterances.

In light of these considerations, the Supreme Court found Manabat guilty of Gross Neglect of Duty and Conduct Prejudicial to the Best Interest of the Service. The Court ordered his dismissal from service, with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from reemployment in the government service.

FAQs

What was the key issue in this case?	The key issue was whether the security guard’s actions of abandoning his post and being absent without leave constituted gross neglect of duty and conduct prejudicial to the best interest of the service, warranting dismissal.
What is the difference between simple and gross neglect of duty?	Simple neglect of duty is the failure to give proper attention to a task due to carelessness or indifference, while gross neglect of duty involves a glaring want of care, acting willfully and intentionally in a situation where there is a duty, or acting with conscious indifference to consequences.
What constitutes Conduct Prejudicial to the Best Interest of the Service?	While there is no concrete description, abandonment of office and failure to report back for work without prior notice have been deemed as such. It generally refers to actions that undermine the integrity and efficiency of public service.
Can length of service mitigate a penalty for misconduct?	Length of service is an alternative circumstance that can either reduce or aggravate the penalty, depending on the circumstances of the case. In this case, it did not mitigate the penalty due to the respondent’s prior disciplinary record.
What accessory penalties are imposed upon dismissal for gross neglect of duty?	The accessory penalties include cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from reemployment in the government service.
What was the basis of the Supreme Court in finding Manabat guilty of gross neglect of duty rather than simple neglect of duty?	The Supreme Court emphasized that the fact Manabat had never actually attended his scheduled therapy session on November 15, 2013, meant that Manabat intentionally made up a ruse for him to leave his station and never come back.
What were the accessory penalties imposed by the Court?	The Court ordered his dismissal from service, with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from reemployment in the government service.
How does this ruling affect other government employees?	This ruling serves as a reminder to all government employees that they are expected to perform their duties with diligence and integrity. Failure to do so may result in disciplinary action, including dismissal from service.

This case underscores the importance of diligence and integrity in public service. The Supreme Court’s decision serves as a stern warning to government employees that neglecting their duties and betraying the public trust will have severe consequences. The dismissal of the security guard reflects the judiciary’s commitment to upholding the highest standards of conduct within its ranks.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Complaint of Ricky R. Regala vs. Enrique E. Manabat, Jr., G.R. No. 64706, November 27, 2018