CA orders reinstatement of CAAP exec sacked by Noy

Manila, Philippines -  The Court of Appeals (CA) has ordered the immediate reinstatement of Daniel Dimagiba, former deputy director-general for operations of the Civil Aviation Authority of the Philippines (CAAP) who was earlier replaced by President Aquino amid questions on the legality of the dismissal order.

In a 10-page resolution, the former special 16th Division of the CA dismissed the appeal of its ruling in February last year, which nullified the dismissal order against Dimagiba that was issued by CAAP Director General Ruben Ciron.

Instead, the CA directed the CAAP and Ciron to implement its order or be cited for contempt of court.

The CA also ordered the agency to pay Dimagiba full back wages and benefits as required in Civil Service Commission Resolution No. 100749 dated April 12, 2010 and affirmed by the court’s Feb. 22, 2011 decision, “computed from the date of his dismissal until his actual reinstatement.”

“For a mere opinion rendered by the chairman, in his personal capacity and without the concurrence of the other members of the commission cannot modify, much less set aside, final order and resolution of the

CSC which the latter decided as a collegial body,” stated the CA ruling penned by Associate Justice Vicente Veloso.

“The subsequent appointment of another person to his position is not supposed to prejudice his security of tenure in the said position,” it added.

Associate Justices Francisco Acosta and Danton Bueser concurred in this ruling.

Ciron sacked Dimagiba over alleged acts of grave misconduct, including the issuance of an Air Carrier Operating Certificate (ACOC) to Sky Aviation Services, Inc. (SASI) on Aug. 1, 2008.

He supposedly committed eight counts of grave misconduct and was accused of collecting $1,500 per foreign student before signing certificates.

But the CSC and CA held that the Director General’s control and supervision over all personnel of CAAP does not include the power to discipline them.

The agency’s motion for reconsideration dated March 12, 2011 and motion for partial reconsideration dated Aug. 24, 2011 were both denied as the court found no reason to modify its decision.