BACOLOD CITY , Philippines — Three years after she was dismissed from the government service by Negros Occidental Gov. Alfredo Marañon Jr. for alleged grave misconduct and gross insubordination. Provincial Accountant Merly Fortu was back to work Tuesday with P3 million in back wages.
Marañon had reinstated Fortu last Sept. 10, in compliance with the order of the Civil Service Commission (CSC) last May. He said Fortu had reported back to work, and made a courtesy call on him.
The CSC affirmed with finality its earlier decision, dated September 13, 2011, ordering Fortu's reinstatement, which was challenged by the Provincial Legal Office. The final CSC ruling also ordered the Capitol to pay Fortu about P3 million in back wages and benefits, covering the period of her dismissal from July 7, 2010 to September 9, 2013.
Fortu said the CSC decision exonerated her from the charges of grave misconduct and gross insubordination. She said that what happened before was unintended, as she asked an apology to both Marañon and then Vice Governor Genaro Alvarez Jr.
"I'm happy that the governor and I talked," she said. "I'd also like to say sorry to (former) Vice Gov. Alvarez," she said. When asked how she was during the time she was dismissed, Fortu said, "God is good for the last three years."
Fortu's case started from a complaint filed by Alvarez who accussed her of being hostile and arrogant towards him at the time when she was asked to explain the delayed processing of purchase orders and requests for reimbursements of expenses of the members of the Provincial Board.
In his complaint, Alvarez said the incident happened in a meeting on July 1, 2010 when "out of the blue, Fortu spoke in a raised voice, denying any fault of her office."
The former vice governor further said that, instead of politely explaining how things work in her office, Fortu exchanged heated words with him and arrogantly challenged and agitated all those present in the meeting to take court action against her.
The CSC however, in its decision, said Fortu's inadvertent raising of her voice while engaging Alvarez in a heated argument cannot be considered as one constituting the administrative offense of grave misconduct.
"Misconduct is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer," the CSC said, adding that Fortu did not transgress any definite rule of action and neither had she exhibited unlawful behavior to be liable of grave misconduct.
The CSC further said records showed that Fortu had not uttered any insulting or abrasive language but inadvertently raised her voice at the meeting. "No insulting words were said by her and it was only the level and tone of her voice that Alvarez found reprehensible," the CSC added.
However, the CSC admonished Fortu to be more circumspect in her dealings with her superiors to avoid a repeat of the situation that led to her dismissal. (FREEMAN)