NEARLY two months after he was dropped from the rolls by the Capitol's previous administration, Emme Gingoyon will sit again as provincial budget officer effective Monday, July 8, 2019.
Last July 5, Gov. Gwen Garcia issued Administrative Order 1-2019, which granted Gingoyon's request for reconsideration, reinstatement and payment of back wages and other economic and monetary benefits.
"The (Provincial) Legal (Office) already came up with its recommendation and stated that in fact, he (Gingoyon) can file a motion for reconsideration to the governor, to the position itself. If the previous governor (now Vice Gov. Hilario Davide III) dropped him from the rolls, he can ask for reconsideration," Garcia told reporters.
Davide dropped Gingoyon from the rolls last May 30.
To recall, Gingoyon and Dr. Cristina Giango, who previously led the Provincial Health Office (PHO), were dismissed by the Ombudsman for their role in the procurement that led to the construction of the Cebu International Convention Center.
Giango and Gingoyon appealed the decision. While this was pending, Davide appointed Danilo Rodas as provincial budget officer and Rene Catan as PHO chief.
The Court of Appeals later modified the Ombudsman decision, finding the dismissed employees guilty but only of simple misconduct and punishing them with three months suspension without pay instead of dismissal.
While Giango was assigned in the medical clinic unit of the PHO, Gingoyon was reportedly not assigned to any post.
In a 12-page complaint filed before the Office of the Ombudsman in December 2018, Garcia said Davide, former vice governor Agnes Magpale, former provincial administrator Mark Tolentino and former Human Resource and Management Office head Bonifer Nacorda committed grave misconduct and conduct prejudicial to the best interest of the service by giving Rodas and Catan to department head status.
Last July 1, a day after Garcia assumed the Capitol's top post, Gingoyon sent a letter to the Office of the Governor, requesting for reconsideration of his dropping from the rolls, for his reinstatement as budget officer and for payment of his back wages, among others.
The matter was referred to the Provincial Legal Office for evaluation.
A legal opinion was issued on July 4, recommending that Gingoyon's request be granted. It cited a September 2002 Supreme Court decision on Gonzales versus Civil Service Commission (CSC) and the Philippine Children's Medical Center (G.R. No. 139131), which declared that the appointing authority may reappoint an employee dropped from the rolls.
"(Finally), it must be emphasized that under CSC Circular 12-1994, the action dropping petitioner from the rolls is non-disciplinary in nature and does not result in the forfeiture of his benefits nor his disqualification from reemployment in the government. Likewise, dropping from the rolls of petitioner is without prejudice to his reappointment at the discretion of the appointing authority and subject to Civil Service laws, rules and regulations," read a portion of the decision.
The legal office also recommended the granting of Gingoyon's back wages, citing CA decisions (CA-G.R. SP. 07561 and CA-G.R. SP. 09756) that became final and executory on Sept. 26, 2014 and Feb. 8, 2018, respectively.
"He was the budget officer, in fact, for many, many, many years even during my time (earlier stint). Furthermore, I have been studying the flow of transactions and it seems to me that under Rodas, there were what we may call lapses," Garcia said.
Garcia said the annual budget for 2019 was supposed to be spread throughout the entire year, the release of which is done quarterly.
"However, when I asked for the balance of the Province's assistance to the barangays (fund)... The total aid was P266 million, but when I asked for the balance there was only P89,000," she added.
But what will happen now to Rodas following Gingoyon's reinstatement?
"I don't know. I'll have to ask Civil Service," Garcia said.
Sought for comment, Rodas said his plantilla is assistant budget officer.
"I issued in 2016 an undertaking that once Gingoyon is reinstated, I will resume my post as assistant budget officer. For now, I have yet to know about the governor's plans," he said in Cebuano.