Lawyer says she should be named as district collector-A A +A
Saturday, October 5, 2013
HOLDING a temporary restraining order (TRO) issued by the Manila Regional Trial Court (RTC), Ma. Lourdes Villamar-Mangaoang said that if the law will only be followed by Commissioner Rozanno Rufino Biazon, she should be named as OIC-district collector of the Port of Cebu.
Mangaoang said that in her absence, Francis Agustin “Ahmed” Erpe, the next highest official at the Port of Cebu, must assume as OIC district collector.
Mangaoang, a lawyer, also said that the order of Biazon assigning lawyer Paul Alcazaren as OIC district collector of the Port of Cebu last Sept. 30 violates the election ban in connection with the Oct. 28 barangay election.
The election ban stated last September 28.
Mangaoang is holding an original appointment as deputy district collector for assessment of the Port of Cebu. Erpe, on the other hand, is in the plantilla position as deputy district collector for operation of the Port of Cebu.
Both Mangaoang and Erpe are Collectors 5 with Salary Grade 27, while Alcazaren is only Collector 3 with Salary Grade 23.
Mangaoang and Erpe were among the 15 customs officials nationwide who were ordered by Biazon to report to the Department of Finance (DOF).
But the 15 officials filed a civil case before the Manila RTC to stop the reassignment because it is tantamount to constructive dismissal in violation of their constitutional right to security of tenure and that Biazon has no power to reassign them to DOF because it is a separate government office.
Judge Felicitas Laron-Cacanindin has issued a TRO which is valid until Oct. 21. The hearing of the case is set to Oct. 18.
With the TRO and she being the highest official of the Port of Cebu, Mangaoang said the designation of Alcazaren as OIC-district collector is not only a violation of the election ban but of the Civil Service Commission (CSC) laws, rules and regulations.
She said that it is in the military, it’s a case of two generals being placed under a major. It’s a case of two senior officials being assigned under a junior official.
Mangaoang said she is the most senior among Port of Cebu officials at present because she was appointed as Collector 5 in 2002 while Erpe became Collector 5 during the time of Commissioner Morales in 2010.
Alcazaren, for his part, said he is just following an order from Biazon otherwise he can be charged with insubordination.
Alcazaren is the first true-blue Cebuano to be assigned as Port of Cebu district collector.
The BOC is trying to deal with a vacuum as a result of the revamp that has affected the revenue collections of the Port of Cebu.
Last Sept. 17, the Port of Cebu was only able to collect P2 million out of the daily revenue collection goal of P35 million because no official would dare to sign documents for the release of import goods.
Published in the Sun.Star Cebu newspaper on October 06, 2013.