In a letter sent to CSC commissioner Karina Constantino David, lawyer Alfonso dela Cerna said that the CSC opinion, which appeared in The FREEMAN on April 28, was misleading.
According to the report, David said the nature of employment of the ABC employees is considered "job order" which means that they are not entitled to the benefits enjoyed by other government employees.
De la Cerna, counsel for engineer Leah Rondez, a former employee of the ABC who was dismissed when its new official assumed office, reminded David that on August 7, 2001 the CSC regional office submitted the list of ABC employees for the issuance of guidelines of their employment status.
However, the CSC legal affairs division through officer-in-charge Myrna Macatangay, said that the commission is bereft of authority to issue guidelines because the ABC is a government organization which has a legal personality separate from the local government units.
De la Cerna said that the ABC casual employees, including Rondez, have been rendering continuous services for more than nine years before they were terminated, drawing their salaries from public funds, and enjoying maternity, vacation leave benefits, monetarization of leave credits and other benefits aside from being members of the Government Service Insurance System.
De la Cerna added that the funds used by the ABC are considered public and its nature has been clearly defined by the Commission on Audit.
The lawyer said that he disagreed with David's opinion and urged her to correct it. He said he was hopeful that the CSC official was just misquoted and could have been misled by somebody interested in the issue.
Rondez earlier filed a case against the ABC officials headed by Councilor Eugenio Faelnar for alleged illegal dismissal and non-payment of her fuel allowances amounting to P4,300. The case is still pending before the Sandiganbayan and the ABC officials were placed under preventive suspension because of the complaint. - Fred P. Languido