CEBU, Philippines - The Civil Service Commission has ordered Cebu Governor Hilario Davide III to “immediately restore” Marivic Garces as Provincial Social Welfare and Development Officer.
Davide was also directed to cause the payment of Garces’ Representation and Travel Allowance computed from January 8, 2013, when she was removed from her post, up to her actual reinstatement/restoration.
“Governor Davide is reminded that his willful refusal or failure to implement CSC Decision No. 13-0653 may be a ground to cite him in indirect contempt… and (for the commission) to administratively charge him with Conduct Prejudicial to the Best Interest of the Service or Neglect of Duty,” read the CSC Resolution No. 15-00054 dated January 13, 2015.
The resolution was signed by CSC Chairman Francisco Duque III and Commissioners Nieves Osorio and Robert Martinez. It was attested to by Commission Secretariat and Liaison Office Dolores Bonifacio.
In her January 28 letter to Davide, Garces manifested her readiness to assume her position as PSWDO chief and “humbly requested” the governor to formally implement the CSC order.
“Considering the urgent nature of the order of execution, it is my hope that my reinstatement, as well as the payment of my RATA computed from 8 January 2013 be immediately implemented by your good office,” said Garces in her letter.
As of yesterday, Garces said Davide has yet to act on her request.
Garces was permanently appointed to the position on June 20, 2006, but on January 7, 2013, by virtue of Memorandum 2013-09, then acting governor now Vice Governor Agnes Magpale reassigned Garces to the Integrated Provincial Health Office.
Magpale denied Garces’ appeal against the reassignment and the issuance of an order discontinuing Garces’ RATA.
When the matter reached the CSC’s attention, Magpale’s memorandum was declared not in order, as contained in the June 25, 2013 CSC Decision No. 13-0653 when Magpale was ordered to immediately reinstate Garces as PSB to her original position.
On April 22, 2014, the Commission issued Resolution No. 14-00625 denying Magpale’s motion for reconsideration.
Magpale then filed a May 30, 2014 petition before the Court of Appeals. The petition, however, did not call for the issuance of a restraining order or an injunction against the decision.
“The Commission is inclined to grant Garces’ motion for execution,” read the CSC resolution.
It further stated that the Commission finds it proper to implement the decision despite Magpale’s pending petition for review before the CA, “considering that no injunction or restraining order has been issued by the Court.”—(FREEMAN)