Oliva to assume as Lapu schools head today

Former Cebu City Schools superintendent Leonilo Oliva will assume today as Lapu-Lapu City Schools superintendent, three days after the Regional Trial Court denied his application for a temporary restraining order against his transfer to his new post.

Oliva, in a press conference yesterday at the Cebu Catholic Television Network, said he would take on his new assignment today but his legal battle will continue.

RTC Judge Bienvenido Saniel, in his order, stated that he saw no valid and legal justification to issue a TRO because Oliva failed to show that great or irreparable injury would happen unless a TRO is issued.

Oliva's allegations against Education Secretary Jesli Lapus and Department of Education regional director Carolino Mordeno were insufficient, Judge Saniel said in his ruling.

The judge also gave the Secretary Lapus and Mordeno 10 days to show cause why Oliva's motion for a preliminary injunction should not be granted.

Secretary Lapus earlier ordered Oliva to assume his new post in Lapu-Lapu City, and Lorna Rances to take over as Cebu City Schools superintendent.

Oliva was supposed to be transferred last January 2 but this did not push through when he asked the court to nullify the order and stop his transfer.

Oliva, who is set to retire on September 3 after 13 years of service, had refused to give up his seat and insisted that Secretary Lapus could not transfer him because former president Fidel Ramos appointed him as superintendent, specifically in Cebu City.

Oliva told reporters that he is still hopeful that the court will favor his stand questioning his transfer, which he described as "illegal."

There were 18 school division superintendents and assistant superintendents in Region 7 that have already signed a petition asking Secretary Lapus to follow the rule on transfer and re-assignment, he said.

Oliva also cited the case of Editha Canonigo, supervisor of Minglanilla Schools district, who the DepEd-7 had transferred in 2002, reportedly without a valid cause.

He said that Canonigo petitioned and won her case at the Supreme Court, which ruled that "the transfer of petitioner without her consent was arbitrary for it was tantamount to removal without cause and therefore invalid as it was violative of her security of tenure."

Oliva further cited Civil Service Resolution No. 640, which provides that there will be no transfer of a Career Executive Service Officer (CESO) if there is no justification for such reassignment.

"I am not after of this position because I am fighting for the right of CESO," Oliva said, contending that he was not even informed about his transfer within 30 days as what the civil service law mandates.

The reassignment of CESO's shall be effected through office orders at least 30 days prior to its effectivity, he said.

There were reports before that his transfer order was issued in relation to the complaints of sexual harassment from some students of a public high school in Cebu City against a priest during a religious seminar.

Education officials however insisted that Oliva was relieved because he was already "overstaying" as superintendent of the Cebu City Schools Division, not because of the controversy between the Abellana National School students and the priest.

"Siempre my transfer has something to do politically. It was precisely the letter of (Mayor) Osmeña, which prompted the secretary to transfer me to Lapu-Lapu," Oliva said. - Mitchelle L. Palaubsanon and Ramil V. Ayuman/RAE