The Civil Service Commission has granted the request of Sangguniang Panlungsod Secretary Nilo Alejandrino for the SP to execute its resolution invalidating the approval of the appointment of Allan Zamora as City Legal Officer of Bacolod City.

In a resolution dated Feb. 26, 2007, the CSC also directed the Mayor to implement CSC Resolution No. 061312 within five days from its receipt. Otherwise, it said, he may be held liable for conduct prejudicial to the best interest of the service or neglect of duty or be cited for contempt.

Alejandrino had informed the CSC that Resolution 0161312 of the CSC en banc has not been implemented by Mayor Evelio Leonardia.

Leonardia appointed Zamora as CLO under co-terminus status on July 1, 2004. The appointment was concurred in by the SP on July 8, 2004.

Alejandrino informed the CSC Negros Occidental Field Office on Jan. 5, 2005, that a concerned taxpayer had alleged that Zamora is a resident of Bago City, Negros Occidental and not of Kahirup Village, Brgy. Singcang-Airport, Bacolod City, as declared in his personal data sheet.

PLACE OF DOMICILE

Zamora filed his comment with the CSCFO-Negros Occidental on Jan. 26, 2005, and asserted that although he has a house in Bago City, he also has another in Purok Kahirup in Bacolod and that Bacolod City remains his legal residence and he has no intention to abandon it as his place of domicile. He also submitted a certified true copy of his Voter's Certificate issued by the Comelec showing that he is a registered voter of Bacolod City.

The CSCFO recommended to the CSC Regional Office on Feb. 1, 2005, the invalidation of the approval of the appointment of Zamora for failure to meet the residency requirement and on June 17, 2005, the CSCRO invalidated it.

The SP in its Resolution No. 579, series of 2005, withdrew its concurrence in the appointment of Zamora as CLO.

The Commission on Dec. 5, 2005, dismissed the motion for reconsideration filed by Leonardia and affirmed the invalidation by the CSCRO Zamora's appointment.

NO RESTRAINING ORDER

Meanwhile, CSC chairman Karina Constantino-David, in a resolution dated Feb 26, 2007, said records do not show that Leonardia seasonably filed a petition for review with the Court of Appeals, and CSC Resolution No. 0161312 became final and executory on Aug. 22, 2006.

Assuming that the Mayor had seasonably filed a petition for review with the CA, it does not stay the execution of the CS Resolution without a restraining order issued by the Court.

Alejandrino said he hopes the Mayor will finally implement the order of the CSC.

Zamora said the CSC decision states that it gave the Commission on Audit the power to take appropriate action on the matter. In that decision of the CSC, he said, it no longer has jurisdiction over the matter.

"NOT FINAL AND EXECUTORY"

Zamora said that in the latest CSC decision it appears that they changed the dispositive portion of their decision that is now on appeal with the Court of Appeals. "I believe the action of the CSC is not in accordance with the correct procedure because they cannot amend their original,"he said.

Zamora said the case is not yet final and executory since they could still file a motion for reconsideration with the CSC.*CGS

back to top