Mayor denies Civil Service Commission decision

CAGAYAN de Oro City Mayor Vicente Emano denied the decision of the Civil Service Commission (CSC) ordering the reinstatement of a government employee illegally detailed as security guard of the City Public Library from her post as Administrative Officer III at the JR Borja Memorial City Hospital.

Esparcia was issued a permanent appointment as Administrative Assistant III at the JR Borja Memorial City Hospital. However, Emano, then vice mayor, issued a memorandum dated October 5, 2009 reassigning Esparcia to the city hall Security Unit assigning her as security at the City Library.

Esparcia was also denied her monthly benefits pertaining to public health worker.

The CSC ruled with finality the case of Leonor Esparcia against Emano and the latter‘s order detailing the former as security guard.

According to the CSC decision, “it becomes the duty of the City Government to comply with the decision restoring Esparcia to her former position.”

“Failure to comply with the same is contemptuous act in addition to the administrative liability for the offense of Conduct Prejudicial to the Best Interest of the Service or Neglect of Duty,” the decision read.

The CSC decision promulgated last Febraury 5, 2013 was signed by chairman Francisco Duque III and Commissioner Robert Martinez.

Esparcia said she went to report for work on Wednesday at the City Hospital and went to see Dr. Evelyn Perez, the hospital’s Chief for her reinstatement.

But Esparcia said Perez refused to accept her as advised by City Administrator lawyer Leon Gan.

“Dili ko niya dawaton kay maoy advice ni Atty. Gan nga dili kay wala pay order ang mayor ug hulatan pa pod ang decision sa court of appeals (They did not let me report for work because according to Atty. Gan, he has yet to receive the order from the mayor and they are still waiting for the decision of the court of appeals),” Esparcia said.

Emano earlier filed a motion for reconsideration at the Court of Appeals seeking reconsideration of the earlier decision of the CSC.

Emano’s appeal states that the Civil Service Commission erred in its declaration that the reassignment and detail orders constitute as constructive dismissal.

“…the Honorable Civil Service Commission erred in granting the appeal despite absence of substantial evidence...the Honorable Civil Service Commission erred in its decision when it resolved the case without giving the respondent/appellee the opportunity to be heard or violative to due process clause in administrative proceeding.”

Esparcia, who was interviewed over RMN dxCC, said Gan admitted he ordered Perez not to admit her in her post.