The Civil Service Commission has affirmed a ruling of the CSC Regional Office that the co-terminus appointment of Bacolod City Legal Officer Allan Zamora is invalid for his failure to meet the residency requirement, and has dismissed the appeal of Bacolod Mayor Evelio Leonardia for reconsideration of the order.

In a decision promulgated Dec. 5, 2005 but released to the media only yesterday, the CSC cited, among others, Article 122 (k) of the Rules and Regulations Implementing the Local Government Code of 1991 on the requirement of actual residence of an appointee.

The decision was penned by commissioner J. Waldemar Valmores and concurred in by Cesar Buenaflor. However, Zamora, who claims that he has houses in Purok Kahirup, Barangay Sincang-Airport and in Bago City, Negros Occidental, said yesterday that he continued to serve as Bacolod CLO since Leonardia has already filed a motion for reconsideration of the latest CSC decision.

Leonardia had appealed the June 17, 2005 order of the CSC Regional Office that had declared Zamora's appointment as invalid.

Zamora was appointed CLO by Leonardia on July 1, 2004. His appointment was concurred in by the Sangguniang Panlungsod in SP Resolution 415 on July 8, 2004.

On Jan. 5, 2005, however, SP secretary Nilo Alejandrino wrote director II Raymund Gonzales of the CSC Field Office-Negros Occidental, inquiring about the validity of Zamora's appointment.

Alejandrino claimed that there was a complaint from a concerned taxpayer alleging that Zamora is a resident of Bago City, Negros Occidental and not of Barangay Singcang Airport in Bacolod as he declared in his Personal Data Sheet dated July 1, 2004.

The CSC Field Office-Negros Occidental conducted a fact-finding investigation on Zamora's residency and validated allegations that the CLO was not a Bacolod resident.

Leonardia, in his appeal, said that Zamora was never informed or notified about the conduct of such fact-finding investigation, depriving him of his basic right to be heard.

The CSC, however, said records show that Zamora was given an opportunity to be heard when he submitted his comment on the letter of Alejandrino questioning his appointment as CLO.

The Commission also said that while Zamora, who had served as CLO in 1986 and City Administrator in 2000, claims that he has a house in Purok Kahirup, Brgy. Singcang-Airport, Bacolod City, he failed to specify where it is actually located.

It added that Punong Barangay Teodoro Espuerta Jr. and Purok president Romeo Samorin certified that Zamora is no longer a resident of the community and the house he occupied previously was already owned and occupied by another family. A joint affidavit of Antonia Andrada and Mary Ann Vidal supported their claim.

The family information sheet of Kahirup Village and the certificate of some residents in the said locality also that Zamora is not an actual resident and these were validated by the CSC Field Office-Negros Occidental during the fact finding investigation, the decision said, adding that the fact that Zamora is a registered voter in the barangay and has a community tax certificate issued in Bacolod does not hold water.

The commission cited the Supreme Court case between Coquille against the Comission on Election, where a voter's registration certificate is not a conclusive evidence of a person's residency.

The Commission added that the fact that Zamora has approved appointments as City administrator and city legal officer of Bacolod City in 1986 and 2000, respectively does not improve the situation.

"In fact, from the representations and pieces o evidences presented, it was clearly established that Zamora has not reacquired his residency in Bacolod," the CSC said.*CPT

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