Workers who rallied for SB-1 passage sued

CEBU, Philippines - At least 29 Cebu City Hall and barangay employees are facing an administrative complaint before the Civil Service Commission for participating in the alleged protest over the deferment of the P2.8 billion Supplemental Budget-1 on October 7.

The complainant, Barangay Busay resident Ernesto Adolfo, asked the CSC to place the employees under preventive suspension during the investigation and, eventually, dismiss them from service.

He sued Eduardo Rama Jr., Brandon Matas, lawyer Janeses Ponce, Eunice Meting, Monette Mabanag, Florence Balungcas, all under the Office of the Mayor; Oscar Abordo, Kenneth Carmelita Enriquez, and Joel Navasquez of the City Planning and Development Office; Collin Rossel and Caroline Campomanes of the Office of the Department for the Welfare of the Urban Poor; Department of Public Services head Rolando Ardosa; Cebu City Agriculture Department Joelito Baclayon; and Cebu City Markets head Raquel Arce.

The other respondents are Jonah John Rodriguez, Noel Artes, Rainer Ramos, Teofilo Rosaroso, Lina Santiago, Teresita Jesena, Abbey Canturias, Katrina Mae Guantero, Jed Jimenez, Flora Bering, Brenda Tumarao, garbage operators and crew from barangays Inayawan, Busay, Sapangdaku, Sto. Niño and Tinago.

Adolfo said he will soon identify the names of other City Hall and barangay employees who participated in the “protest.” He filed the complaint in his capacity as a registered voter and taxpayer of Cebu City.

CSC received the complaint yesterday morning.

He said he and his brother, Delfin, went to City Hall at 9 a.m. on October 7 when the employees gathered at Plaza Sugbo.

“As we continued walking towards the Cebu City Hall legislative building, we observed that the people gathering were wearing black arm bands. We also saw placards and streamers, majority of which pertains for the passage of Supplemental Budget-1; there were also placards which bears the word ‘bitin’ with an illustration of snake and some were attacking the Cebu City Council,” he said.

He said he noticed that most of the employees, if not all, were wearing the City Hall-issued IDs.

He said his brother took a video of the “protest-rally” while he took photos.

While the activity going on outside, he reportedly checked the offices inside the City Hall and found that the DWUP and Burial Assistance Office were empty. The barangay garbage trucks loaded with garbage were parked outside the premises of City Hall.

“Having observed that the protesters/rallyists were already becoming hyper-active in rendering reactions against some of the members of the Cebu City Council projected in the television, we just left the area and did not proceed with our transaction at the Cebu City Hall,” he said.

“It can also be observed that the said demonstration was a premeditated and fully organized one, the presence of a uniform black arm band, printed tarpaulins and placards are sufficient indications to that effect,” he added.

Adolfo said public service was “greatly put to toll and hampered” since the activity was done during working hours.

These acts, he said, were tolerated by Mayor Michael Rama who he reportedly saw at the “protest-rally”.  

‘Violations’

Adolfo said the employees violated Section 16 of the Local Government Code, Section 4 of the CSC Resolution No. 021316; and Section 4 Paragraph A (1),(2), (3), and (5) of Republic Act 6713 or the code of Conduct and Ethical Standards for Public Official and Employees.

Section 16 of the Republic Act 7160 or the Local Government Code states that “every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.”

Adolfo said the employees staged the rally to pressure the members of the City Council because they could enjoy the benefits as employees since part of SB-1 is the P77 million budget for the productivity enhancement incentive.

“The constituents having official appointments had to involuntarily, unwillingly and forcefully postpone it, the same as what happened to me and my brother, hence, there was social injustice, discomfort and inconvenience to the constituents of Cebu City,” Adolfo said.

Meanwhile, CSC Resolution 02-1316 or the law on Prohibited Mass Actions states that “government officials and employees are not allowed to go on concerted mass action during office hours.”

Section 5 of the resolution states that “prohibited concerted mass action-as used in the Omnibus Rules as shall be understood to refer to any collective activity undertaken by government employees, by themselves of through their employees’ organizations, with the intent of effecting work stoppage or service disruption in order to realize their demands or force concessions, economic or otherwise, from their respective agencies or the government. It shall include mass leaves, walkouts, pickets and acts of similar nature.”

Adolfo also cited Section 7 of the resolution, which states that “government employees who join, participate or take part in any prohibited concerted activity or mass action as defined in the preceding section, shall be held administratively liable for the offense of conduct prejudicial to the best interest of the service and such other administrative offenses as may be warranted under the circumstances.”

Section 9 of the resolution also states, “it is the primary responsibility of the government agencies to file or institute the necessary charges against their employees who join, participate or take part in a prohibited concerted activity or mass action. It is likewise the obligation of these agencies to gather, collect and prepare evidence in support of these charges. Failure to comply with these duties shall open the responsible officials to administrative sanctions. –/JMO (FREEMAN)