Facts:

This case involves Presiding Judge Marita B. Balloguing of the Regional Trial Court (RTC) of Vigan City, Ilocos Sur, who filed a formal administrative complaint against Cresente B. Dagan, a Utility Worker I in the same court, for various misconducts arising from habitual absenteeism and taking court records and evidence unlawfully. The complaint was initiated via a Letter-Complaint dated January 8, 2015, where Judge Balloguing outlined Dagan's frequent absences from work, evidenced by his daily time record for September, October, and November 2014. She indicated that Dagan had completely abandoned his job from December 2014 onward. The Office of the Court Administrator (OCA) confirmed these claims through a certification documenting Dagan's numerous leaves and ultimately his absence without official leave (AWOL) starting December 1, 2014. Apart from absenteeism, Judge Balloguing asserted that court records and a rifle, which were crucial evidence in Civil Case No. 7355-V

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Facts:

Administrative Complaint and Parties Involved

• Complainant: Presiding Judge Marita B. Balloguing of the Regional Trial Court (RTC), Branch 20, Vigan City, Ilocos Sur.
• Respondent: Cresente B. Dagan, Utility Worker I of the same court.

Allegations against Respondent

• Habitual absenteeism and abandonment of work.
• Dagan’s daily time records (DTR) for September, October, and November 2014 indicated several absences.
• In December 2014 and onwards, Dagan was absent without permission (AWOL) and eventually abandoned his work.
• Misappropriation of court property.
• Judge Balloguing alleged that Dagan took evidence and records—including a rifle—which went missing, noting that he held the keys to the stockroom (which was also his sleeping quarter).
• Although the records were later reconstituted, the rifle was not recovered at the time of the complaint.

Verification of the Allegations

• Certification from the Office of the Court Administrator (OCA), Office of Administrative Services (OAS) – Employees’ Leave Division confirmed:
• Dagan was on various approved leaves (sick, vacation, calamity, and forced leave) during specified periods in 2014.
• Dagan was on absence without official leave (AWOL) effective December 1, 2014, with a recommendation to drop him from the rolls.
• Subsequent proceedings:
• The OCA issued a First Indorsement and a First Tracer to require Dagan to submit his comment on the allegations.
• Personal delivery of these documents was made to ensure proper service, with Dagan’s receipt verified by his signature and acknowledgement.

Administrative and Investigative Actions

• Court Resolution (April 11, 2016) in a related matter dropped Dagan from the rolls effective December 1, 2014, while preserving his right to benefits and possible reemployment in the future.
• OCA Report and Recommendations (January 4, 2017):
• Concluded that Dagan’s prolonged unauthorized absences indicated conduct prejudicial to public service and warranted dismissal with forfeiture of benefits.
• Noted that Dagan had twice been directed to comment on the charge of taking court records and evidence but failed to do so, thereby waiving his right to further defend himself.
• Additional Developments:
• In a March 14, 2017 letter, Judge Balloguing reported that Dagan had, after office hours on January 13, 2015, returned the missing rifle—a fact recorded in the court log—and was later observed by a court stenographer.
• Judge Balloguing informed that Dagan was detained at the Ilocos Norte Provincial Jail on a separate charge (violation of the Comelec Gun Ban) and subsequently requested authorization to fill the vacated Utility Worker I position.

Consolidation of Evidence and Procedural History

• Multiple instances of directives by the OCA, including indorsements and tracers, aiming to secure Dagan’s comment on the accusations, all of which went unheeded.
• The report and recommendations by the OCA eventually led to the case being re-docketed as a regular administrative matter, emphasizing the need to address the misconduct by dismissing Dagan from the service.

Issue:

• Whether Cresente B. Dagan is guilty of habitual absenteeism and abandonment of work, as evidenced by his unauthorized prolonged absences and failure to resume duty.
• Whether Dagan’s conduct in taking court records and evidence (specifically the rifle) constitutes an act of insubordination and theft that warrants dismissal and sanction.
• Whether Dagan’s failure to respond to repeated directives to comment on the allegations amounts to a waiver of his right to defense and further reinforces the imposition of administrative penalties.

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Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)