Supreme Court fires AWOL Cotabato judge

MANILA, Philippines—Citing gross misconduct and abandonment of office, the Supreme Court has dismissed from service a Cotabato City judge who has not been reporting to work since 2007 and was discovered to have migrated to Canada.

The high court also declared as vacant the position of Judge Francisco Rabang III at the Municipal Trial Court of Cities (MTCC) in Cotabato City in a decision promulgated last July 26.

The Supreme Court dismissed Rabang for gross misconduct and abandonment of office.

The magistrates also forfeited all of Rabang’s benefits, except for his accrued leave benefits, if any, and prevented his re-employment in any branch of government, including government-owned or controlled corporations.

“In the present case, Judge Rabang has been absent without leave or AWOL for more than four years from the time he left for abroad in May 2007. There has been no word from him since then. Judge Rabang’s attitude betrays his lack of concern for his office. It is clear that Judge Rabang has abandoned his office and committed gross misconduct,” according to the decision, which is immediately executory.

In May 2007, Rabang applied for an indefinite leave and travel abroad but the MTCC executive judge deferred action on the application because Rabang did to specify the kind of leave he was asking for, the number of days, and where he would spend it.

Moreover, Rabang had already taken a leave of absence from February to March that year, but returned to work only in April. He had also failed to explain the absences he incurred in April to May the same year.

Eventually, Rabang no longer reported for work at all, leaving his court without a judge.

In 2008, Rabang’s house in Rosary Heights, Cotabato City, was discovered to have been put on sale. A year later, the high court directed the National Bureau of Investigation to look for Rabang.

The NBI reported that Rabang left for Canada some time in 2007 and was living in Ontario. His wife was working as a nurse and in October 2008, one of their sons died and the judge’s mother went to Canada to attend the wake.

Early this year, the court directed Rabang to report back to work by sending a resolution to him through his father, a retired judge, but the notice was apparently ignored.

“As a judge and a court official, Judge Rabang has the duty to perform his functions promptly and regularly. He should have been aware that, in frequently leaving his station, he has caused great disservice to many litigants and has denied them speedy justice. Definitely, Judge Rabang’s continued absence for more than four years now has caused great disservice to numerous litigants,” the court said adding:

“Unauthorized absence and irregular attendance are detrimental to the dispensation of justice and, more often than not, result in undue delay in the disposition of cases; they also translate to waste of public funds when the absent officials and employees are nevertheless paid despite their absence.”