CSC: Reinstate ex-TCC prexy

CEBU, Philippines -  The Civil Service Commission has ordered the reinstatement of Tomas Ramos as president of the controversial Talisay City College.

In its decision, the CSC said Ramos was terminated illegally, hence, should be given back pay from the time he was dismissed until the time he is reinstated.

“The preventive suspension issued against (Tomas Ramos) is declared null and void on its face for which reason he is granted back salaries for the said period. Moreover, his termination from the service is found illegal. Hence, he is ordered reinstated in the service with payment of back salaries from the time of his illegal dismissal up to his reinstatement,” reads the seven-page decision signed by CSC Chairman Francisco Duque III and Commissioners Robert Martinez and Nieves Osorio.

The decision was promulgated last November 15, 2013.

Ramos was terminated by the TCC Board of Trustees for his alleged failure to liquidate funds worth P10 million, but Ramos said he was not given due process.

Citing the Higher Education Modernization Act, the CSC said that “In administrative proceedings, the elements of due process, particularly procedural due process consist of both notice and hearing. Essentially, notice means that an employee must be properly informed of the charge/s lodged against him so as to enable him/her to intelligently prepare for his/her defense.”

The CSC also said that under the Revised Rules on Administrative Cases in the Civil Service, it is “imperative that before one can be adjudged administratively liable of an offense, he/she must have been formally charged thereof by the proper disciplining authority.

“The issuance of a formal charge presupposes the conduct of a preliminary investigation and a determination that there exists evidence that if uncontroverted, support the conclusion that the respondent can be held liable for the act or omission,” the decision reads.

But Ramos was “never issued a formal charge,” the CSC said.

“Further, his service was terminated upon the recommendation by the investigative body through the assailed board resolution. Hence, inasmuch as there was a violation of Ramos’ right to procedural due process, given the lack of formal charge what became applicable is Section 66, Rule 12 of the RRACCS, which states that if the commission finds that the disciplining authority violated respondent-appellant’s right to due process such as the failure to issue a formal charge, the commission shall dismiss the appealed case and order the immediate reinstatement of the respondent with payment of back salaries and other benefits,” the decision reads further.

Talisay City budget officer Edgardo Mabuhay said the city will wait for the court to order Ramos’ reinstatement.

He also said that whoever sits as college president and members of its BOD should remember that the city still subsidizes the school, therefore, the school’s officials should show respect to the mayor, the head of the city.

The school figured into the spotlight following the tug of war between Richel Bacaltos, Ramos’ supposed successor, and Paulus Cañete, the appointee of Mayor Johnny V. de los Reyes, over the presidency. 

Mabunay said that in 2013, the city paid at least P10 million in salaries, maintenance and other operating cost in order for the school to run. He said that unless it will be made into a state college, it will take several years before the school can stand on its own.  (FREEMAN)