Civil Service Commission finds proof that ex-utility worker was indeed employed

THE Civil Service Commission (CSC) ordered the City Government to pay a former City Hall employee almost P1 million to cover eight years worth of unpaid salaries.

The City owes Alberto del Mar, a former utility worker of the City, salaries from June 1, 2001 to Dec. 31, 2009. The aggregate amount is P847,330.82.

Based on the investigation conducted by the CSC, the City, during the time of former mayor and now Rep. Tomas Osmeña (Cebu City, south district) did not pay del Mar because he was allegedly only an appointed employee of the Association of Barangay Councils (ABC) and, therefore, is not considered a City employee.

Del Mar was allegedly an appointed employee of then ABC chief Jose Navarro.

The City invoked an opinion rendered by the Department of Interior and Local Government dated Feb. 1, 2001 that provides that workers under ABC are not considered government employees since ABC is considered as a non-government organization.

Because of this, the City said del Mar should collect his salaries at the ABC and not in the City.

Employee

In an investigation conducted by the CSC, however, the agency said that del Mar was not an appointed employee of Navarro, but by John Osmeña, who was then an officer-in-charge mayor of the city.

Del Mar started working in the City on Aug. 1, 1986.

The CSC further stated that del Mar is not a casual employee, but holds a permanent position as a utility worker.

“Being a holder of a permanent appointment, del Mar enjoys the protection of security of tenure enshrined by our Constitution,” the CSC said.

Proof

CSC confirmed, though, that del Mar had worked at ABC as he was detailed and reassigned there by Rep. Osmeña during his mayorship in July 2001.

“The reassignment only bolsters the fact that del Mar is an employee of the City as reassignment is a prerogative exercised by an employer to address an exigency,” the CSC said.

“These facts clearly establish that del Mar’s employer is the City and not the ABC.

Being his employer, it necessarily follows that the City is liable to pay del Mar’s unpaid salaries and benefits,” the CSC added.

During the City Council’s regular session on Wednesday, del Mar sent a letter asking that his unpaid salaries be included in the next available budget of the City.

The council referred his letter to the committee on budget and finance for report and recommendation.