CA junks TRO plea vs BI rotation scheme

MANILA, Philippines - The Court of Appeals (CA) has rejected the bid of Bureau of Immigration (BI) personnel to stop a policy providing for a quarterly rotation scheme in their assignments.

In a three-page resolution released earlier this week, the CA’s 10th division denied the urgent motion of the Immigration Officers Association of the Philippines for the issuance of a temporary restraining order (TRO) effectively stopping the scheme ordered by BI chief Siegfred Mison.

The CA cited the lack of basis to warrant the issuance of the TRO against the BI order and resolution issued by Civil Service Commission (CSC) last June, which upheld the said scheme.

It stressed that petitioners “failed to show the existence of a clear and unmistakable right alleged to be prejudiced or violated” by the implementation of the scheme.

The CA, in a ruling penned by Associate Justice Mariflor Punzalan Castillo, pointed out that a TRO is to be issued only if there is an urgent necessity in order to prevent serious damage.

In their petition, the IOAP argued that the scheme is illegal due to the agency’s failure to consult officials and employees as mandated by law.

They stressed that while individual, isolated and case-to-case reassignments may be allowed subject to certain restrictions, “wholesale and (serial) rotations or reassignments have no legal basis.”