Capitol protests former officer’s reinstatement-A A +A
Thursday, October 3, 2013
THE Cebu Provincial Government filed a motion for reconsideration regarding the Civil Service Commission (CSC) decision to reinstate former Provincial Social Welfare and Development officer Marivic Garces.
The CSC decided on June 25 upheld the appeal of Garces on the memorandum issued by then acting governor Agnes Magpale to reassign her to the Integrated Provincial Health Office (IPHO).
The CSC cited that “a careful examination of Memorandum 2013-09 shows that it failed to comply with the requirements and procedure by R.A. 9433 and its implementing rules.”
Under Section 19 of Republic Act 9433, a public social worker shall not be transferred or reassigned except in the interest of public service and, thus, he/she should be notified in writing of the reasons 30 days prior to his/her reassignment.
The CSC’s decision said the memorandum Magpale issued was made “effective immediately,” which violated the rules.
The CSC granted the appeal of Garces and asked Cebu Gov. Hilario Davide III to implement the decision by reinstating Garces.
Garces, in a letter dated Sept. 23, informed Davide regarding the decision and requested to reinstate her.
When Magpale sat as the acting governor, she reorganized the department heads.
This included Garces who was transferred to the IPHO.
She was then transferred to the Provincial Disaster Risk Reduction and Management Office when Davide assumed as governor, but later reassigned to the Danao Provincial Hospital.
The Province, through Provincial Legal Officer Orvi Ortega, filed the motion last month and cited some grounds why the decision of the CSC should be reconsidered.
Based on the copy of the motion, Ortega cited that Magpale was denied of her right to due process because she was not able to give her side when Garces appealed her memorandum.
The order signed by Assistant Commissioner Ariel Ronquillo on April 10 informed Magpale to give her comment on the appeal. But the order was received on Sept. 5 by the Office of the Governor, months after the promulgation.
The legal officer said the other ground is that the CSC should have disposed of the appeal considering that Garces filed a “withdrawal of appeal” last May 24.
Ortega stated that Magpale, who was then the acting governor, “has the inherent legal right to execute the mandate/authority of her office, which included the assignment and/or reassignment of employees and department heads in the exigency of service” and cited Section 6 (a) Rule III of the Omnibus Rules on Appointments and other Personal Actions.
The legal officer also cited CSC Memorandum Circular 40, which states that reassignment is allowed without the consent of the employee reassigned provided that it will not exceed one year.
The motion said that the reassignment of Garces does not include the reduction of rank, status and salary.
Published in the Sun.Star Cebu newspaper on October 03, 2013.