Case Summary (A.M. No. 07-9-214-MTCC)
Application for Indefinite Leave
On May 16, 2007, Judge Rabang submitted an application for indefinite leave and travel abroad. However, Executive Judge Indar deferred action on this application due to ambiguities regarding the type and duration of the leave, as well as Judge Rabang's prior unauthorized absences from April to May 2007. Judge Rabang had returned to work only on April 11, 2007, after having taken a two-month leave earlier.
Court Actions and Resolutions
On October 10, 2007, the Supreme Court issued a resolution requiring Judge Rabang to explain his noncompliance with Memorandum Order No. 14-2000, which forbids judges from leaving the country without permission. This resolution disapproved his application for indefinite leave and classified his absences as unauthorized, ordering him to return to work immediately, or risk being removed from service.
Investigation of Absences
By October 24, 2008, the Office of the Court Administrator (OCA) reported that Judge Rabang’s residence appeared abandoned. Attempts to communicate the October 10 resolution were met with difficulty, as Judge Rabang was not reachable. A subsequent investigation by the National Bureau of Investigation indicated that Judge Rabang had relocated to Canada around the time of his initial leave application, living there without notifying the court.
Findings of the Office of the Court Administrator
A February 15, 2011 memorandum from the OCA revealed Judge Rabang had been absent from his position for over three years. It asserted that his departure from the Philippines occurred without court authorization, leading to a determination that he had abandoned his duties. The OCA recommended the dismissal of Judge Rabang for gross misconduct and abandonment of his office, along with the forfeiture of certain benefits and barring his re-employment in government roles.
Legal Framework on Absenteeism
Under Section 8, Rule 140, gross misconduct may merit penalties including dismissal. Previous cases established a threshold for habitual absenteeism, with decisions emphasizing the importance of a judge’s presence for the prompt administration of justice. In Judge Rabang's case, his unauthorized absence for over four years constituted gross misconduct, justifying severe punitive measures.
Judicial Conduct Standards
The Code of Judicial Conduct mandates punctuality and diligence in a ju
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Case Background
- Judge Francisco P. Rabang III, presiding judge of the Municipal Trial Court in Cities (MTCC), Cotabato City, filed an application for indefinite leave and travel abroad on May 16, 2007.
- Judge Cader P. Indar, Executive Judge of the Regional Trial Court of Maguindanao and Cotabato City, sought guidance from Deputy Court Administrator Reuben De la Cruz regarding Judge Rabang's leave application.
- Judge Indar deferred action on the application due to:
- Lack of specificity regarding the type of leave requested, duration, and destination.
- Unaccounted absences from April 2 to April 10, 2007, and April 25 to May 15, 2007.
Prior Absences and Court Actions
- Judge Rabang had taken a previous two-month leave from February to March 2007 and returned on April 11, 2007.
- On October 10, 2007, the Supreme Court issued a resolution requiring Judge Rabang to explain his non-compliance with Memorandum Order No. 14-2000.
- The resolution disapproved his application for indefinite leave and deemed his absences unauthorized, directing him to report back to work or risk being dropped from the Rolls.
Investigation and Findings
- In October 2008, it was reported that Judge Rabang's residence was seldom occupied, with only a househelper occasionally cleaning the house, which was up for sale.
- Clerk of Court IV, Wilfredo S. Guanzon, informed that the resolution of October 10, 2007, was sent to Judge Rabang's father due to his non-atten