This Supreme Court resolution addresses the case of Steveril J. Jabonete, Jr., a Junior Process Server at the Municipal Trial Court of Pontevedra, Negros Occidental, who was dropped from the rolls due to prolonged absence without official leave (AWOL). The Court affirmed the Office of the Court Administrator’s (OCA) recommendation to remove Jabonete from his position, emphasizing the critical importance of public accountability and adherence to duty among court personnel. Despite this separation, Jabonete remains eligible for benefits and future government re-employment, underscoring the non-disciplinary nature of being dropped from the rolls.

When Silence Speaks Volumes: The Case of the Absent Process Server

This case centers on Steveril J. Jabonete, Jr., a Junior Process Server who vanished from his post in June 2011 without any approved leave or communication. The central legal question is whether his prolonged absence warrants his removal from service, and what implications this has for his rights and future employment. This situation highlights the balance between maintaining public trust in the judiciary and ensuring fair treatment of government employees.

The records indicated that Jabonete had approved leave until June 3, 2011, but failed to return to work or submit required documentation thereafter. Despite repeated notices from the Employees’ Leave Division (ELD) and the Acting Presiding Judge, Jabonete remained unresponsive. The Office of the Court Administrator (OCA) investigated and found no pending administrative case, retirement application, or accountability issues, yet his continued presence on the court’s plantilla while being absent raised serious concerns about the integrity of public service.

The Supreme Court, in its resolution, firmly grounded its decision on Section 93(a), Rule 19 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS). This provision explicitly addresses the consequences of prolonged unauthorized absences:

Rule 19
DROPPING FROM THE ROLLS

Section 93. Grounds and Procedure for Dropping from the Rolls. — Officers and employees who are either habitually absent or have unsatisfactory or poor performance or have shown to be physically or mentally unfit to perform their duties may be dropped from the rolls subject to the following procedures:

a. Absence Without Approved Leave

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;

Applying this rule, the Court underscored that Jabonete’s absence far exceeded the thirty-day threshold, justifying his separation from service. The ruling emphasizes that the conduct of court personnel must reflect the highest standards of public accountability. Failing to report for work and neglecting official duties undermines public trust in the judiciary. This principle is crucial for maintaining the integrity of the judicial system and ensuring that those entrusted with public service fulfill their responsibilities diligently.

However, the Court was also careful to clarify that being dropped from the rolls is distinct from a disciplinary action. This distinction is significant because it protects Jabonete’s rights to receive benefits and to seek future employment within the government. Section 96, Rule 19 of the RRACCS states:

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.

Thus, while Jabonete’s actions warranted his removal from his current position, they do not permanently bar him from public service. This aspect of the ruling balances the need for accountability with the recognition that individuals deserve a chance to rehabilitate their careers.

Issue	Court’s Reasoning
Prolonged Absence Without Leave	Jabonete’s continuous absence since June 6, 2011, violated Section 93(a) of the RRACCS, which mandates separation from service for employees AWOL for at least 30 working days.
Public Accountability	Court personnel must adhere to high standards of public accountability. Jabonete’s neglect of duties undermined public trust in the judiciary.
Non-Disciplinary Nature	Dropping from the rolls is not a disciplinary action. Therefore, Jabonete retains his eligibility for benefits and future government employment, as per Section 96 of the RRACCS.

In conclusion, the Supreme Court’s decision in this case reaffirms the importance of diligence and accountability within the Philippine judiciary. By upholding the rule that prolonged unauthorized absences can lead to separation from service, the Court sends a clear message about the standards expected of public servants. At the same time, the ruling acknowledges the non-disciplinary nature of being dropped from the rolls, safeguarding the affected employee’s rights and future prospects.

FAQs

What was the main reason for Steveril Jabonete’s separation from service?	Jabonete was dropped from the rolls due to being absent without official leave (AWOL) for an extended period, specifically since June 6, 2011. This violated civil service rules regarding unauthorized absences.
What is the legal basis for dropping an employee from the rolls due to AWOL?	Section 93(a), Rule 19 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) allows for separation from service for employees continuously absent without leave for at least 30 working days. The 2017 RACCS also contains a similar provision in Section 107.
Is being dropped from the rolls considered a disciplinary action?	No, being dropped from the rolls is considered non-disciplinary. This means it doesn’t result in forfeiture of benefits or disqualification from future government employment, according to Section 96 of the RRACCS.
What benefits is Jabonete still entitled to after being dropped from the rolls?	Jabonete is still qualified to receive benefits he may be entitled to under existing laws, as the separation is non-disciplinary. These benefits may include retirement contributions and other entitlements.
Can Jabonete be re-employed in the government in the future?	Yes, Jabonete is not disqualified from re-employment in the government. The separation from service due to being dropped from the rolls does not bar him from seeking future government positions.
What steps did the court take before dropping Jabonete from the rolls?	The Employees’ Leave Division (ELD) sent multiple letters to Jabonete, directing him to submit his Daily Time Records (DTRs) and warning him of the potential consequences of non-compliance. His Presiding Judge also personally handed him a letter.
What is the significance of public accountability in this case?	The court emphasized that court personnel must uphold high standards of public accountability. Jabonete’s prolonged absence and neglect of duties undermined public trust in the judiciary.
Where was the notice of separation sent to Jabonete?	The notice of separation was sent to Jabonete’s last known address appearing in his 201 file, as required by Section 93(a)(1), Rule 19 of the RRACCS.

This case underscores the judiciary’s commitment to maintaining the integrity of public service. The decision serves as a reminder that government employees are expected to fulfill their duties diligently, and prolonged unauthorized absences will be met with appropriate action. While upholding accountability, the Court also ensured that Jabonete’s rights were protected, highlighting the nuanced approach to administrative matters.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

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: RE: DROPPING FROM THE ROLLS OF MR. STEVERIL J. JABONETE, JR., A.M. No. 18-08-69-MTC, January 21, 2019