A.M. No. CA-24-002-P [Formerly JIB FPI No. 22-016-CA-P - Court of Appeals vs. Rommel P. Labitoria, Clerk II, Judicial Records Division, Court of Appeals

The case originated from a Judicial Integrity Board (JIB) Report dated June 8, 2023, which followed a referral from CA Presiding Justice Remedios A. Salazar-Fernando.
The referral pertained to a Report and Recommendation dated October 14, 2022 recommending that Rommel P. Labitoria, Clerk II of the Judicial Records Division of the Court of Appeals (CA) Manila, be charged with Grave Misconduct for alleged use of dangerous drugs.

On July 7, 2022, the CA conducted a random drug test facilitated by Kaiser Medical Center using Gas Chromatography-Mass Spectrometer.
Labitoria’s drug test report revealed a positive result for methamphetamine (confirmed by Labtox Analytical Laboratory, Inc.), while testing negative for tetrahydrocannabinol.
On August 4, 2022, a Notice of Result of the Random Drug Test was sent to Labitoria, allowing him fifteen (15) days to challenge the findings.
Labitoria failed to respond to the notice of challenge.

On September 5, 2022, Labitoria, along with two other employees, was referred to the Manila Health Department for a drug dependency examination and intervention under Civil Service Memorandum Circular No. 13, s. 2017.
A Memorandum was issued on October 5, 2022, directing Labitoria to show cause why disciplinary action should not be taken against him for Grave Misconduct under the 2017 Rules on Administrative Cases in Civil Service.
Despite receipt of the memorandum, Labitoria did not submit any response.

In his Comment dated December 12, 2022, Labitoria admitted that he had used illegal drugs during a birthday celebration in Nueva Vizcaya in May 2022.
He stated that he was convinced to try the substance to remain alert during his drive back to Manila, expressed remorse, and promised not to repeat the offense.
He also confirmed undergoing rehabilitation and producing two consecutive negative drug test results.
Labitoria highlighted his long service record: entering government service in 1994, serving in various capacities including at the CA and the Commission on Elections, and being a Clerk II at the Judicial Records Division since 2012.

The initial Report and Recommendation dated October 14, 2022, proposed charging Labitoria with Grave Misconduct based on his failure to contest the test results and his subsequent admission.
The JIB, through its 1st Indorsement on December 5, 2022, directed Labitoria to comment on the charges, leading to his formal admission of drug use.

On April 18, 2023, the Court En Banc approved guidelines for the implementation of a drug-free policy in the Philippine Judiciary, effective September 17, 2023.
The Guidelines emphasize a balanced approach between imposing administrative sanctions and offering rehabilitation programs.
Labitoria’s long service record, completion of mandatory drug rehabilitation, and production of consecutive negative test results were noted as mitigating circumstances.
It was also noted that Labitoria has another administrative case pending on habitual tardiness.

Whether Labitoria should be administratively charged for the possession and/or use of illegal drugs or substances under the applicable legal and administrative rules.

Whether Labitoria’s admission of guilt, his long service record, and his successful completion of a drug rehabilitation program justify a lesser penalty than the dismissal recommended by the JIB.

How the Guidelines for the Implementation of a Drug-Free Policy in the Judiciary and previous jurisprudence (such as the De Guzman case) apply in determining the appropriate sanction.