G.R. No. OCA IPI No. 18-4872-P. January 30, 2023.
Judge Roderick A. Maxino, Complainant, vs. Jaime M. Jasmin, Legal Researcher II, Branch 32, Regional Trial Court, Dumaguete City, Negros Oriental, Respondent.

FACTS

This administrative matter arose after the Court dismissed an earlier administrative complaint for usurpation of authority filed by Presiding Judge Roderick A. Maxino against Jaime M. Jasmin, a Legal Researcher II. Following the dismissal, respondent Jasmin, through request letters, asked the Court to: (1) process his back salaries chargeable to his accrued leave credits; (2) release his benefits due from January 2019; and (3) allow him to immediately return to work, attaching medical certifications recommending his return. The Court referred these requests to the Judicial Integrity Board (JIB) for evaluation. The JIB found that while the Supreme Court’s Medical Services had approved Jasmin’s leave application for July 2018, his sick leave for that period was disapproved by complainant Judge Maxino. Crucially, verification revealed that Jasmin had not reported for work since August 2018.

ISSUE

Should the Court grant respondent Jaime M. Jasmin’s request to return to work?

RULING

No. The Court adopted the recommendation of the Judicial Integrity Board. Respondent Jasmin is dropped from the rolls effective August 1, 2018, and his position is declared vacant. The Court clarified that Rule 140 of the Rules of Court on disciplinary actions is inapplicable, as absence without official leave (AWOL) is not listed as a charge therein, and the procedure for dropping from the rolls is non-disciplinary. The Court applied the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS). Section 107(a)(1) thereof provides that an official or employee continuously absent without official leave for at least thirty working days may be dropped from the rolls without prior notice. Section 110 states this mode of separation is non-disciplinary and does not result in forfeiture of benefits or disqualification from reemployment. Consequently, despite the dismissal of the prior administrative case and the Medical Services’ approval of his July 2018 leave, Jasmin’s prolonged absence without official leave starting August 2018 warranted his separation. His request to return to work could not be granted as he failed to adhere to the standards of public accountability and disrupted office operations. He remains qualified for benefits until July 31, 2018, and is eligible for reemployment in the government.