A.M. No. 07-9-214-MTCC - IN RE: Rabang III

Judge Francisco P. Rabang III, the Presiding Judge of the Municipal Trial Court in Cities (MTCC), Cotabato City, filed an application on 16 May 2007 for indefinite leave and travel abroad.
The application was vague and non-specific regarding the type of leave, duration (number of working days), and the destination for the leave.

Judge Cader P. Indar, Executive Judge of the Regional Trial Court of Maguindanao and Cotabato City, deferred the action on the leave application because:

The application did not specify the kind of leave or details regarding its duration and location.
Judge Rabang had unaccounted absences from 2 to 10 April 2007 and from 25 April to 15 May 2007 during which he neither performed his judicial duties nor reported in office.

A prior two-month leave from February to March 2007 during which he only returned on 11 April 2007.
Non-compliance with Memorandum Order No. 14-2000 regarding the proper procedure for leave and travel abroad.

Directed Judge Rabang to explain in writing his failure to adhere to Memorandum Order No. 14-2000.
Disapproved his application for indefinite leave and declared his absences unauthorized.
Ordered him to immediately report back to work with a warning that his name would be dropped from the Rolls if he failed to comply.
Directed the Financial Management Office to withhold his salaries and benefits.

On 24 October 2008, information from the Office of the Court Administrator (OCA) revealed:

Judge Rabang’s residence in Cotabato City was found to be closed with only intermittent visits by a househelper.
There was an indication that his residence was possibly being put up for sale.

The Clerk of Court IV confirmed that the 10 October 2007 Resolution was sent to Judge Rabang’s father (a retired judge) via courier since Judge Rabang no longer reported to duty.
On 9 February 2009, the National Bureau of Investigation (NBI) was commissioned to locate Judge Rabang.
The NBI discovered that Judge Rabang had left for Canada sometime in 2007 and was residing at an address in North York, Ontario.
Additional family information: His wife, Bernadette, was employed as a Staff Nurse in Canada; one of his sons had died in Canada, prompting his mother, Athena, to travel there.

Judge Rabang had been absent from his station and the country for more than three years, later extended to more than four years.
His prolonged absence constituted a clear violation of Memorandum Order No. 14-2000, with the Court regarding his departure as an abandonment of his judicial sala.

Certification of his accrued leave credits and details of additional unapproved absences (specifically from 2 to 10 April 2007 and from 25 April to 15 May 2007).
Confirmation of the disapproval of his indefinite leave application as stated in the 10 October 2007 Resolution.

The overall administrative opinion was that his conduct was a clear dereliction of duties and judicial responsibilities.

Whether Judge Rabang’s application for indefinite leave and subsequent absences without proper documentation or authorization constituted grounds for dismissal.

Examination of the sufficiency of the leave application details and compliance with Memorandum Order No. 14-2000.
Consideration of the judicial officer’s duty to be present and accountable to the court and the litigants.

Whether Judge Rabang’s prolonged absence and travel abroad without permission from the Court amounted to gross misconduct and abandonment of office.

Evaluation of his conduct in relation to the Code of Judicial Conduct and expectations regarding punctuality and duty.
Comparison with previous cases (e.g., Judge Calderon) involving unauthorized and prolonged leaves leading to disciplinary measures.

Whether the disciplinary action of dismissal, forfeiture of benefits (with the exception of accrued leave), and declaration of the office vacancy was a proper and just penalty under applicable judicial administrative rules.