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Question Administrative non-disciplianry cases

6 years 9 months ago #61 by Action Officer
Action Officer created the topic: Administrative non-disciplianry cases
1. What kind of benefit was meant in the following provision: Section 96. Dropping From the Rolls; Non-Disciplinary in Nature. – This mode of separation from the service for unauthorized absences or unsatisfactory or poor performance or physical or mental incapacity is non-disciplinary in nature and shall not result in the forfeiture of any benefit on the part of the official or employee or in disqualification from reemployment in the government.

In Municipality of Butig, Lanao Del Sur vs. Municipality of Butig, Lanao Del Sur G.R. No. 138348 December 9, 2005, the High Court ruled, as follows: “x x x. To emphasize, the action of dropping private respondent municipal employees from the rolls is non-disciplinary in nature and does not result in the forfeiture of their benefits nor their disqualification from re-employment in the government. Likewise, dropping from the rolls of private respondents is without prejudice to their re-appointment at the discretion of the appointing authority and subject to Civil Service laws, rules and regulations.” Verily, the Supreme Court, in the case of Milagros E. Amores vs. House of Representatives Electoral Tribunal And Emmanuel Joel J. Villanueva, had this to say: “Ubi lex non distinguit nec nos distinguire debemus”. When the law does not distinguish, we must not distinguish”. Verily the above rulings and the subject RRACCS provision is clear, unequivocal, and leaves no room for interpretation.

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