Sunday, August 15, 2004 No return to work for Awol employees By Lizanilla J. Amarga
GOVERNOR Oscar Moreno debunked reports that the 27 provincial department heads and other employees declared as absent without official leave (Awol) during the incumbency of then Acting Governor Miguel de Jesus have now reported back to their respective offices.
Moreno also denied allegations that he has withheld the funds supposedly to be given to these employees as their salaries and he has been politically harassing them.
"I sympathize with the plight of these employees, but the rule of law must prevail," he said in a statement to Sun.Star Cagayan de Oro Tuesday.
Earlier, 33 employees of the Provincial Capitol were dropped from the rolls as they were declared as Awol, in an order issued by De Jesus dated 17 March 2004.
These employees reportedly ignored without justifiable reasons the memoranda of De Jesus ordering their recall and reassigning them to their respective stations or assignments.
Nonetheless, these employees dropped from the rolls appealed to the regional office of the Civil Service Commission (CSC).
In a decision dated June 1, 2004, the CSC-10 ordered the reinstatement of 27 employees and affirmed the dropping from the rolls of six others.
But to Moreno, the truth of the matter is that all 33 employees are deemed terminated and their status as such still remains.
He said it must be noted that all acts of de Jesus were legal and effective as acting governor considering that former Governor Antonio Calingin was suspended by the Office of the President after having been found guilty of dishonesty, gross negligence and grave misconduct.
"This decision of the Office of the President can only be appealed to the Court of Appeals. All orders and processes then issued by the Regional Trial Court Branch 30 were null and void for being issued without jurisdiction," he said.
Moreno said the CSC-10 decision is not yet final and executory as the Provincial Government with the CSC-10 filed a Motion for Reconsideration.
"Pending executory, the Provincial Government can not execute their reinstatement. As such, the employees' status as having been terminated remains," he said.
Because of this, the governor clarified that there is no truth that the province is not paying these employees for their salaries for work done.
"The truth is that they have not yet worked for they have not yet been reinstated," he said.
Until reinstatement, Moreno said the province could not as yet disburse funds for the salaries of these employees for they may be held liable for malversation of public funds.
"In these trying times for the province, I hope all officials and employees of the Provincial Government of Misamis Oriental will join me in making the lives of our constituents better and brighter," he said.
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