The Supreme Court’s decision in RE: DROPPING FROM THE ROLLS OF MR. STEVERIL J. JABONETE, JR. underscores the serious consequences of neglecting one’s duties as a public servant. The Court affirmed the dropping from the rolls of a Junior Process Server who had been absent without official leave (AWOL) for an extended period. This ruling reinforces the principle that consistent dereliction of duty warrants removal from service, emphasizing accountability and the maintenance of public trust.

Vanishing Act: How Unexplained Absence Undermines Public Service

Steveril J. Jabonete, Jr., a Junior Process Server at the Municipal Trial Court (MTC) in Pontevedra, Negros Occidental, disappeared from his post. Records showed that Jabonete had an approved leave until June 3, 2011, but he never returned to work, nor did he file any further leave applications. This prolonged absence prompted the Office of the Court Administrator (OCA) to investigate, ultimately recommending his removal from the rolls.

The Employees’ Leave Division (ELD) of the OCA made multiple attempts to contact Jabonete, directing him to submit his Daily Time Records (DTRs) and warning him of the potential consequences of non-compliance. Judge George S. Patriarca, the Acting Presiding Judge of the MTC, even personally handed Jabonete one of these letters. Despite these efforts, Jabonete remained unresponsive, leading to the withholding of his salaries and benefits.

The OCA’s investigation revealed that Jabonete had not applied for retirement, was still listed as an active employee, had no pending administrative cases, and was not an accountable officer. Based on these findings, the OCA recommended that Jabonete be dropped from the rolls, his position be declared vacant, and that he be informed of his separation. The OCA also noted that Jabonete would still be entitled to any benefits he may be eligible for under existing laws and would not be barred from future government employment.

The Supreme Court agreed with the OCA’s recommendation, citing Section 93(a), Rule 19 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS). This provision states that 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.

The Court emphasized the importance of public accountability and maintaining public faith in the judiciary. Jabonete’s failure to report for work was a gross disregard and neglect of his duties, failing to adhere to the high standards of public accountability expected of government employees. However, the Court also clarified that dropping from the rolls is a non-disciplinary measure. As such, Jabonete’s separation would not result in the forfeiture of his benefits or disqualify him from reemployment in the government, as provided under Section 96, Rule 19 of the RRACCS.

The Supreme Court explicitly quoted Section 93 (a), Rule 19 of the Revised Rules on Administrative Cases in the Civil Service:

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

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;

This case serves as a reminder to all government employees of their responsibility to fulfill their duties diligently and to adhere to the rules and regulations governing their employment. While the penalty of being dropped from the rolls is severe, it is a necessary measure to ensure the integrity and efficiency of public service. This ruling is consistent with jurisprudence that underscores the high standard of conduct required from public servants.

FAQs

What was the key issue in this case?	The key issue was whether a Junior Process Server who had been absent without official leave (AWOL) for an extended period should be dropped from the rolls.
What does “dropping from the rolls” mean?	“Dropping from the rolls” is an administrative procedure where an employee is removed from the list of active employees due to prolonged absence without leave or other specified reasons. It is a form of separation from service.
Is dropping from the rolls considered a disciplinary action?	No, dropping from the rolls is considered a non-disciplinary action. It does not result in the forfeiture of benefits or disqualification from reemployment in the government.
What is the minimum period of AWOL required for dropping from the rolls?	Under the Revised Rules on Administrative Cases in the Civil Service (RRACCS), an employee who is continuously absent without official leave for at least thirty (30) working days may be dropped from the rolls.
Was the employee in this case notified of his impending separation?	Yes, the Employees’ Leave Division (ELD) sent multiple letters to the employee, directing him to submit his Daily Time Records (DTRs) and warning him of the potential consequences of non-compliance.
Did the employee respond to these notifications?	No, the employee did not respond to any of the notifications, nor did he submit his DTRs or file any further leave applications.
Is the employee entitled to any benefits after being dropped from the rolls?	Yes, the employee is still qualified to receive any benefits he may be entitled to under existing laws, as dropping from the rolls is a non-disciplinary action.
Can the employee be reemployed in the government after being dropped from the rolls?	Yes, the employee is not disqualified from reemployment in the government, as dropping from the rolls is a non-disciplinary action.

In conclusion, this case reinforces the importance of fulfilling one’s duties as a public servant and adhering to the rules and regulations governing government employment. While the consequences of prolonged absence without leave can be severe, the ruling also clarifies that such separation is non-disciplinary in nature, preserving the employee’s rights to benefits and future employment opportunities.

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