Chief public attorney Persida Acosta and regional public attorney Maria Calinawan have questioned the court’s jurisdiction to hear the injunction case filed by several public lawyers in Cebu City whose appointments and assignments are in serious trouble.
Acosta and Calinawan asked the Regional Trial Court to dismiss the petition for injunction with prohibition filed by lawyers Elisa Porio and Carmelita Dacanay on behalf of the more than 10 other public lawyers.
In their motion to dismiss filed before RTC Branch 11, Acosta and Calinawan cited at least four arguments why the case against them should be dismissed.
Acosta and Calinawan said the complainants have no clear rights that were being violated in their transfer, adding that the reassignment order was legal.
They are questioning the jurisdiction of the court over the matter because it involves a reassignment order, which is a non-disciplinary action.
Acosta and Calinawan contended that the matter belong to the exclusive jurisdiction of the Civil Service Commission.
They likewise alleged that the petitioners did not come to court with clean hands. The respondents claimed that the case is actually a case against the state because it refers to officials acts of the respondents who are heads of the PAO.
Acosta and Calinawan said that as ruled by the Supreme Court, the designation of a person is merely temporary which does not confer security of tenure. They pointed out that Porio has been reassigned to different PAO district offices before but has not raised any question.
Porio is now questioning her reassignment to PAO-Barili district office. Acosta and Calinawan said that Porio and Dacanay should be reminded that they are civil service employees and that they are subject to CSC rules and regulations.
Most of the PAO lawyers in Cebu signed a petition against Calinawan over her alleged irregularities in office. At least 15 public lawyers who have signed the petition were no longer renewed of their appointments. –Fred P. Languido/BRP