Complainants: PAO execs committed grave abuse

Even before the Regional Trial Court could rule over the motion to dismiss the prohibition case that a public attorney and an administrative staff filed against chief public attorney Persida Rueda Acosta and regional public attorney Maria G-Ree Calinawan, the complainants has filed an amendment to their complaint.

Public attorney Elisa Porio and administrative officer Carmelita Dacanay amended their petition for prohibition with preliminary injunction while their lawyers are still arguing in court whether or not the respondents’ motion to dismiss should be granted.

The lawyers of Porio and Dacanay, led by Benjamin Cabrido, argued that the respondents’ motion to dismiss should be denied for lack of merit. After three hours of oral arguments yesterday the court has already submitted for resolution the motion to dismiss.

Regional Trial Court judge Ramon Daomilas, Jr. said he will rule on the motion to dismiss next week.

At this time, however, Porio and Dacanay filed an amendment to their case questioning the legality of their reassignment to the Public Attorney’s Office in Barili district.

Porio and Dacanay contended that the respondents, in reassigning them to the Barili office, committed grave abuse of discretion. They added that they were appointed on a permanent status and this meant that they must be protected by the constitutional security of tenure.

Porio said she was ordered to report to Crispin Villarino, who was appointed officer in-charge of the PAO-Barili district office, even if she had the rank of public attorney III while Villarino was only a public attorney II.

The amended complaint stated that ordering Porio to report to a PAO lawyer with a lower rank and salary grade is a violation of Section 10, Rule 8 of the Administrative Code of 1987. The code provides that there can be no valid reassignment involving a diminution in rank and status. — Fred P. Languido/RAE