The Civil Service Commission up held its earlier decision reinstating Juliana Carbon as general manager of the Bacolod City Water District with payment of back salaries starting Aug. 18, 2015 until her actual reinstatement after invalidating the appointment of incumbent Baciwa general manager Mario Macatangay.
In its decision promulgated on Sept. 20, 2016, the CSC resolution signed by CSC director Rodolfo Encajonado, said the appointment of Macatangay dated Dec. 1, 2015 is invalidated because the subject position was a violation of the prohibition provided for in Section 5, Rule Vll of the Omnibus Rules Implementing Book V of E.O. 292 and Section 13, Rule Xlll of CSC MC No. 40, s 0f 1998 as amended.
Dominador Isidoro Jr. and Marlito Odosis, assistant Government Corporate Counsel and Government Corporate Attorney, Office of the Government Corporate Counsel, in behalf of Baciwa, filed a motion for reconsideration of CSCRO6 Decision No. 160061 dated June 23, which granted the appeal of Carbon from her illegal termination.
The OGCC questioned the finding of the CSC that Board Resolution 146 dated July 14, 2015 accepting and approving Carbon's voluntary retirement is not in order. It argued that the resolution was not “legally infirmed” because it was approved by an affirmative vote of three members of the Board.
In the complaint of Carbon that resulted to the non-disciplinary case for illegal termination, she questioned the validity of the Board Resolution 146 because four affirmative votes are required to validly pass the resolution.
‘NOT IN ORDER'
In its earlier decision, the CSC said Board Resolution dated June 11, 2015 requesting the Local Water Utilities Administration to extend Macatangay's designation as interim general manager for one year; Resolution 146 dated July 14, accepting and approving Carbon's voluntary retirement; and the letter dated July 15 of Baciwa chairman Ma. Aida Torre notifying Carbon that her application for voluntary retirement is approved, are considered “not in order.”
The CSC Law and rules provision that heads of oversight agencies and their staff are prohibited from transferring or being appointed to any position in the agency it is assigned or designated to oversee, is applicable to Macatangay, it said.
MACATANGCAY'S CA SE
The CSC said Macatangay is prohibited from being appointed to any position in Baciwa within one year after his designation as interim general manager ended on Aug. 27, 2015. Although the OGCC represented that Baciwa issued Resolution 230 on Oct. 21, 2015 requesting the Local Water Utilities Administration and the CSC to approve Macatangay's transfer, it failed to attach a copy of the resolution and substantiate its claim.
Even if the OGCC was able to submit Resolution 230, there is no proof that the CSC granted the alleged request for Macatangay to be appointed as GM of Baciwa
The invalidation of Macatangay's appointment dated Dec. 1, 2015 as GM of Baciwa should be based solely on the ground that the position is not vacant in view of Carbon's reinstatement, the CSC said.
With regard to the OGCC's contention that there should be a declaration that Macatangay is entitled to return to his former position in LWUA in the event that the motion for reconsideration is denied, such is not possible, it said.
The CSC said reversion to a former permanent position in the case of invalidation of promotional appointment does not apply to Macatangay because his former position was in another government agency, which is LWUA.
When Macatangay accepted the appointment as GM of Baciwa he was considered to have resigned from LWUA and had voluntarily relinquished his position in that agency. Thus, Macatangay cannot return to his former position as a matter of right, it said.
However, LWUA is not precluded from issuing an appointment in favor of Macatangay to his former position if it is still vacant. The issuance of the appointment should be subject to the discretion of the appointing authority and the requirements of CSC Law and rules and regulations on filling-up vacant positions, it said.
With regard to the OGCC's belief that Carbon already abandoned her appeal because she accepted the appointment of Prosecutor ll at the Department of Justice, such argument has no merit, the CSC said.
Asked for his reaction, Macatangay said he cannot comment on the matter since it would be self serving.*CGS
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