Case Summary (A.M. No. CA-18-35-P)
Incident Overview
The allegations originate from a report dated December 9, 2013, in which Regala informed the Security Committee of the Court of Appeals about Manabat's absence from duty. Initially, on November 15, 2013, Manabat had asked permission to attend a scheduled physical therapy session at the Philippine General Hospital (PGH). However, he failed to return to his post afterwards, prompting Regala to inquire about his whereabouts. Upon checking with PGH, Regala learned that Manabat had never attended the therapy session. Additionally, Manabat was absent from November 19 to 22, 2013, without prior notification.
Charges and Response
Following these events, a Formal Charge was filed against Manabat on January 21, 2016, asserting charges of Simple Neglect of Duty and Conduct Prejudicial to the Best Interest of the Service. Manabat responded on March 11, 2016, claiming that an emergency involving his wife’s relative, a victim of Typhoon Yolanda, required his immediate attention, leading him to forget to log out or inform his superiors about his absence.
Investigation and Findings
The investigation report and subsequent recommendations indicated that Manabat’s absence caused his post to be unmanned, which is deemed negligent. The Court of Appeals Clerk of Court’s report noted Manabat’s failure to adhere to proper communication protocols regarding his absences, warranting disciplinary action.
Conclusion of the Office of the Court Administrator
In an August 24, 2017 report, the Office of the Court Administrator (OCA) concurred with earlier findings, stating that Manabat displayed carelessness and indifference towards his duties. It recommended his dismissal, citing the previous finding of guilt for similar infractions.
Court Ruling
The Court confirmed the OCA's recommendation for dismissal, emphasizing the gravity of Manabat's neglect in failing to return to his post or inform his supervisors about his absence. The Court distinguished between simple neglect of duty and gross neglect of duty, concluding that Manabat’s actions constituted gross neglect due to the intentional nature of his absences and the lack of any compelling excuse.
Prior Disciplinary History
Manabat's previous record as a
...continue readingCase Syllabus (A.M. No. CA-18-35-P)
Case Overview
- The case involves a complaint filed by Ricky R. Regala, the Acting Chief of Security at the Court of Appeals, against Enrique E. Manabat, Jr., a Security Guard I, for abandonment of post and absence without prior leave (AWOL).
- The complaint arises from incidents occurring between November 15 and 22, 2013, where Manabat failed to report to work and did not inform his superiors of his absence.
Background of the Complaint
- On November 15, 2013, Manabat requested permission to leave for a physical therapy session at the Philippine General Hospital (PGH).
- Regala noticed Manabat's absence from his post around 1:00 p.m. and confirmed that Manabat did not return after his scheduled therapy.
- It was later revealed that Manabat did not attend the scheduled therapy session at PGH.
- Manabat was also absent without leave from November 19 to 22, 2013, failing to communicate his absence to his colleagues.
Formal Charges and Respondent's Defense
- The CA Clerk of Court filed a formal charge against Manabat for Simple Neglect of Duty and Conduct Prejudicial to the Best Interest of the Service on January 21, 2016.
- In his counter-affidavit dated March 11, 2016, Manabat claimed he received an emergency call from his wife while on his way back from PGH, which led him to forget to log out and communicate his absence.
- He justified his absence from November 19 to 22, 2