Sacked DepEd exec won’t leave government

He can be sacked from his post, but he cannot be removed from government service without cause.

Education Undersecretary for Administration Juan Miguel Luz said he has not quit his post despite an earlier order issued by Malacañang for his resignation at the Department of Education (DepEd).

Luz also said he cannot be terminated from government service because he is a career executive service officer (CESO).

"Yes, I have not resigned," Luz said in a text message sent to beat reporters late yesterday afternoon. "This is to dispel reports that I have resigned. I have not resigned."

Malacañang, however, said Luz has not been removed from his post and his services have not been terminated.

Press Secretary Ignacio Bunye said this in reaction to reports that Luz’s removal from office was triggered by his refusal to honor three post-dated checks Malacañang issued for the scholarship program of an anti-impeachment legislator from Zambales.

Luz may also have earned the ire of the Palace for his criticisms of the government during the "Hello, Garci" scandal two months ago and comments on the dismissal of the impeachment complaint against President Arroyo last month. He is a brother of Makati Business Club executive director Guillermo Luz, who was among the people who asked the President to resign.

Luz is confident Malacañang "cannot touch" him because of his CESO status, adding that "the CSC (Civil Service Commission) has given their opinion that I cannot be terminated without cause because I am a CESO."

He also vowed to fight the termination order issued by the Palace against him "tooth and nail."

At yesterday morning’s flag-raisijg ceremony at the DepEd offices in Pasig City, Luz urged DepEd employees not to succumb to political pressure, even as he said he believes that more "political accommodations" are coming as Malacañang seeks to fill the post of education secretary vacated by former DepEd chief Florencio Abad.

Abad is one of the "Hyatt 10" group of Cabinet officials who resigned their posts in July and asked Mrs. Arroyo to do the same.

Bunye also said that there is no truth to allegations that the President has turned vindictive and has begun to crack down on her political foes by filing cases against them.

"There is no move to that effect," he said. "The President and the agencies of government are only enforcing the rules and regulations related to existing laws."

Bunye added that any possible charges that may be filed against the Hyatt 10 will be left to the discretion of the Department of Justice (DOJ).

Luz has asked DepEd employees to support officer-in-charge (OIC) and DepEd undersecretary for plans and programs Fe Hidalgo. He also encouraged the DepEd staff to be professional in their conduct and keep the DepEd free of politics.

He also said he would rather return to the private sector and resign from government altogether if Malacañang succeeds in removing him from DepEd or in having him reassigned to another government agency.

He left his office later in the day to meet with CSC Chairwoman Karina David to clarify the Malacañang termination order.

Hidalgo said Luz informed her he would seek clarification from the CSC: "Yes, we talked. He’s going to write the CSC for clarification."

She also said Luz’s termination would mean a great loss for the DepEd because he has been highly competent and is efficient at his job.

Hidalgo also said she has designated Education Undersecretary for operation Ramon Bacani as DepEd OIC for finance and administration.

"It is my understanding that the letter terminated (Luz’s) services as undersecretary and not from government service," Hidalgo said, adding that the termination letter did not specify why Luz was being terminated.

She also dismissed allegations that Luz’s termination was due to the return of three postdated checks worth P5 million each which were reportedly intended for the scholarship program of Zambales Rep. Antonio Diaz.

Hidalgo said she intends to conduct an investigation into the matter even as she declined to comment on whether or not the issuance of such checks was a standard practice.

Her only comment was that DepEd employees were wondering why Luz was terminated and that there was no political color to Malacañang’s sacking of Luz.

"We want to look at things objectively rather than subjectively and emotionally," she said. "We would like to clarify the question pertaining to the CSC rules."

Meanwhile, the Public Elementary School Principals Association (PESPA) and the National Association of Public Secondary School Heads Inc. (NAPSSHI) issued a joint statement branding the Palace action as arbitrary and unfair to Luz, as well as the entire DepEd bureaucracy — particularly the department’s field officials, principals and teachers.

PESPA and NAPSSHI vowed to extend all-out support for Luz’s reinstatement even as they appealed to the President to give Luz a chance to better serve the people as DepEd undersecretary. — With Aurea Calica