CEBU, Philippines - Cebu Vice Gov. Agnes Magpale has filed a motion for reconsideration before the Civil Service Commission which ordered the reinstatement of former head of the Provincial Social Welfare and Development Office (PSWDO), Marivic Garces.
In effect, Gov. Hilario Davide III yesterday said that Garces cannot reassume yet her previous office in spite of the CSC order for the immediate reinstatement of the latter pending appeal of Magpale through the Provincial Legal Office.
Garces told The Freeman that the decision is “immediately executory†notwithstanding with the pending motion for reconsideration and should have been implemented.
“Since they insisted in doing what is not fair, then we will just answer their allegations in the motion for reconsideration,†Garces said.
Aside from reinstatement to her original position as PSWD Officer, the CSC said that Garces is entitled to the payment of the representation and travel allowance (RATA) from January 8, 2013 the time she was deprived of it.
In her motion, Magpale claimed she was denied of the right to due process of law when she received on September 5, 2013 the Order dated April 10, 2013 directing her to comment on the appeal filed by Garces before the CSC on the memorandum she issued when she was acting governor reassigning the latter to the Integrated Provincial Health Office (IPHO).
Coincidentally on September 5, 2013, the CSC decision was also received by the Office of the Governor for the reinstatement of Garces.
Magpale stated that as acting governor, she merely exercised her legal right and discharged her duties and functions what is best for the Province of Cebu which include the reassignment of Garces to IPHO.
Magpale alleged that Garces voluntarily executed her “withdrawal of appeal†impressing her that latter is not anymore pursuing her case before the CSC.
“Thus herein Appellee was caught by surprise when she came to know that the Office of the Governor received copy of the subject Decision,†read the portion of the motion for reconsideration filed by Magpale.
Magpale also told the CSC that the reassignment of Garces was not illegal and does not tantamount to reduction of rank, status and salary.
The CSC earlier said that the memorandum issued by Magpale failed to comply with the requirements and procedure as provided under the Magna Carta for Public Social Workers.
It said that the reassignment of Garces directing her to report to the IPHO effectively removed from her the power and supervision over her staff as a duly appointed PSWDO.
“Clearly, Garces was reassigned to perform duties and responsibilities inconsistent with those attached to her position as PSWDO. This constitutes constructive dismissal under CSC Memorandum Circular,†the decision read.
Garces was head of the PSWDO for nine years under the administration of then governor and now third district Rep. Gwendolyn Garcia.
When Garcia was slapped with a six-month suspension in December, Magpale transferred Garces to the IPHO and assigned Evelyn Senajon as officer-in-charge of the office.—(FREEMAN)