Absence Without Leave: Upholding Public Service Standards in the Philippine Judiciary

The Supreme Court has long held that those who work in the judiciary must adhere to the highest standards of public accountability. When a court employee simply stops reporting for work without approved leave, the entire institution suffers. In a 2019 Resolution, the Court addressed this exact situation, dropping a Junior Process Server from the rolls for being absent without official leave (AWOL) for years.

The case of Re: Dropping from the Rolls of Mr. Steveril J. Jabonete, Jr. (A.M. No. 18-08-69-MTC, January 21, 2019) clarifies the rules on AWOL for court personnel and reinforces the importance of discipline in public service.

The Facts of the Case

Steveril J. Jabonete, Jr. was a Junior Process Server at the Municipal Trial Court (MTC) in Pontevedra, Negros Occidental. His approved vacation and sick leave applications covered him only until June 3, 2011. After that date, he never reported back to work.

Records showed that Jabonete did not submit his Daily Time Records (DTRs) from June 2011 onward. He also failed to file any new leave applications. In effect, he had been absent without official leave since June 6, 2011.

The Employees' Leave Division (ELD) of the Office of the Court Administrator (OCA) sent Jabonete a letter in February 2012, directing him to submit his DTRs or face withholding of his salaries. A second letter, dated March 21, 2012, was sent through the court's Acting Presiding Judge, reiterating the directive and warning that continued non-compliance could lead to his name being dropped from the rolls.

The Acting Presiding Judge confirmed that he personally handed the letter to Jabonete on May 10, 2012. Despite this, Jabonete never complied. His salaries and benefits were withheld, and the OCA eventually recommended that his name be dropped from the rolls.

The Issue

The central question was simple: should Jabonete be dropped from the rolls for being absent without official leave for more than thirty working days?

The Court's Ruling

The Supreme Court agreed with the OCA's recommendation. The Court applied Section 93(a), Rule 19 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS), which states that an officer or employee who is continuously absent without official leave for at least thirty (30) working days shall be separated from the service or dropped from the rolls.

Under this rule, no prior notice is required before the separation takes effect. However, the employee must be informed of the separation not later than five days from its effectivity, with the notice sent to the address in the employee's 201 file or last known address.

The Court emphasized that court personnel carry the heavy responsibility of upholding public accountability and maintaining the people's faith in the judiciary. By failing to report for work since June 2011, Jabonete grossly disregarded and neglected the duties of his office. He failed to adhere to the high standards of public accountability imposed on all government servants.

Dropping from the Rolls Is Non-Disciplinary

One important clarification from the ruling: dropping from the rolls is non-disciplinary in nature. This means that the separation does not result in the forfeiture of any benefits the employee may be entitled to under existing laws. Neither does it disqualify the employee from reemployment in the government.

This distinction matters. A disciplinary dismissal carries penalties that can include forfeiture of benefits and perpetual disqualification from public office. Dropping from the rolls, by contrast, is an administrative measure to remove an employee who is effectively absent or non-performing, without those harsh consequences.

The Court noted that this principle is found in Section 96, Rule 19 of the RRACCS, and a similar provision exists in the later 2017 Rules on Administrative Cases in the Civil Service.

Practical Takeaways

• Thirty working days is the threshold. A government employee who is continuously AWOL for at least thirty working days may be dropped from the rolls without prior notice.
• Notice is still required after the fact. The employee must be informed of the separation within five days from its effectivity, sent to the address in the 201 file or last known address.
• No leave application means no protection. An employee who exhausts approved leave and fails to file new leave applications is considered AWOL.
• Dropping from the rolls is not a penalty. It does not result in forfeiture of benefits or disqualification from reemployment in government.
• Court personnel face higher standards. The judiciary demands strict adherence to public accountability, and neglect of duty will not be tolerated.

For public servants, the message is clear: report for work, file your leave applications properly, and communicate with your office. Silence and absence have consequences, even if those consequences are not punitive in the strictest sense.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.