Danao City casuals sue mayor, 2 others

CEBU, Philippines - For allegedly withholding their pay since May, 250 casual employees of the City Council of Danao have filed a petition for Damages, with Mandamus, Injunction, and Temporary Restraining Order against Danao City Mayor Ramon “Boy” Durano Jr., Danao City human resources manager Galacito Camaongay and Danao City budget officer Teresita Almacen.

The employees, represented by lawyer Guiller Ceniza, filed the petition before the Danao Regional Trial Court Branch 25.

The employees sought damages, indemnity and interest from the three on account of their “willful, brazen, malicious and or grossly neglect, refusal to comply, perform and enforce” various provisions of City Ordinance No. 030012 in relation to their salaries, wages and benefits.

The ordinance was enacted by the Danao City Council on April 30, 2012 and later approved and reviewed by the Provincial Board of Cebu on July 3, 2012 pursuant to the resolution no. 988-2012.

‘The subject ordinance, having been duly approved by the City Council and as well as reviewed and approved by the Provincial Board, the same has the full force and effect of a law, its provisions, especially, the salaries, wages and benefit of ordinary, casual workers, are obligatory and mandatory,” the petition read.

The employees said their payrolls were submitted to Almacen on July 6, 2012 for processing of the payment of salaries. Despite receipt of these payrolls, Almacen allegedly refused to act on them and deliberately waited until Durano issued a memorandum directing the non-processing of these payrolls,

The employees also claimed Almacen falsified the Advise of Allotment by making it appear that the date of receipt was July 12, 2012 instead of July 6, 2012, reportedly to make it coincide with the date of the issuance of the Memorandum of Durano.

Of the 250 casual employees 238 of them were issued appointments and plantilla positions for 2012 duly approved not only by the Human Resources Officer of the city but also of the Civil Service Commission. These plantilla and appointments have been duly submitted to Almacen.

Regarding the other 12 employees, the petition said Camaongay refused to process their appointments.

The employees want the defendants to pay P2 million for damages.

The employees also asked the court to issue a writ of mandamus directing the respondents to comply with the provisions of the city ordinance.

Durano’s Lawyer Gloria Dalawampu said they welcomed the filling of the petition. 

However, she also said that they filed a case against city officials for allegedly inserting the 250 employees into the ordinance. —/BRP (FREEMAN)