Ombuds ruling vs PPA exec upheld

CEBU, Philippines - The Court of Appeals 18th division has affirmed the ruling of the Office of the Ombudsman-Visayas finding the chief of the Administrative Services of the Philippine Ports Authority- Port Management Office (PPA-PMO), Cebu City administratively liable for violating the Civil Service Law.

Associate Justice Ma. Luisa Quijano-Padilla said that based on evidence, the Ombudsman was right in its decision to suspend Teresa Manlapaz for three months without pay.

“We find that the issue is not really about the status of the respondents as casual employees but rather, the manner in which the termination of their services was carried out. We believe that petitioner (Manlapaz) should have exercised prudence in ascertaining that respondents were actually absorbed by the Philippine Salvage Construction and Trading Corporation (PSCTC) especially since what is at stake is the means of living of the respondents,” she said.

Named respondents were Rodulfo Cantila, Reuben Villarba, Merve Carreon, Ricardo Seno, Gregorio Babatid, Wilma Valmoria, Hidelisa Gimongala and Eduardo Lapinid.

According to the Ombudsman-Visayas, Manlapaz failed to submit the appointment papers of the respondents to the Civil Service Commission for attestation or approval and the “clandestine processing” of the appointment papers of her favored employees had “gravely prejudiced the rights” of the respondents.

Thus, the anti-graft office said the act of Manlapaz constitutes “inefficiency and incompetence in the performance of her official duties as chief of the Administrative Services.”

Respondents were all employees of the PPA, Cebu City since 1979. They said that on June 2, 1993, they received a Memorandum from the late Manuel Gorme, port manager, that the Special Takeover Unit (STU) of  the Toledo Port Services was turned-over to the PSCTC effective June 1, 1993.

Based on the agreement entered into by the PPA and the PSCTC, the contractor shall ensure that there will be no displacements and that all workers will be absorbed, including employees under the employment of PPA-STU Toledo City Port Services.

However, respondents said on June 15, 1993, the resident manager of the PSCTC, Emmanuel Araña, sent a letter to the acting manager of the Resource Management Division of the PPA, Cebu City informing the latter that they were not qualified for absorption of PSCTC due to some reasons, including the argument that they were already PPA casual employees even before the organization STU-Toledo and others.

With that, they said they filed a complaint before the Office of the Ombudsman against Gorme and Manlapaz for illegal dismissal and damages.

“What made matters worse is that the said termination came in a poor disguise of forced officer to complainants (herein respondents) of their absorption by a new private employer, per alleged agreement between PPA and PSCTC, a private organization, but which agreement was never realized due to the said private respondents’ malicious refusal (through Araña) despite their knowledge of the contract,” the respondents said, adding their termination has neither justifiable reason nor prior notice.  (FREEMAN)