CSC reverses self on TCC ex-prexy

CEBU, Philippines - The Civil Service Commission has reversed  its earlier decision that reinstated former Talisay City College (TCC) president Tomas Ramos, saying the former college president did not present the entire truth.

“The commission…finds that there is a legal impossibility on the part of the TCC to comply with the subject decision. There is no reinstatement to be effectuated because one of the stipulations in the contract of service, allows either party to pre-terminate the contract subject only to the condition that a party shall serve 30 days advance written notice to the other,” read the June 11 resolution signed by Francisco Duque, CSC chairman.

The commission  reversed its November  2013 decision after finding merit on the motion filed by former TCC president Richel Bacaltos, who provided documents showing  that Ramos’ services at the TCC was only contractual and renewable by a mutual agreement.

Under Sections 1 and 2, Rule XI of CSC Memorandum Circular No. 40 s. 1998, Duque said that it is “clear that any service rendered pursuant to a contract of service/job orders shall not be regarded as government service. By legal implication, therefore, the contracted individual does not assume the status of a government employee.”

“Had the… respondent  properly informed the commission that his employment  with TCC was under a contract of service, then the commission would not have taken cognizance of his appeal,” the decision read.

The commission also reversed its earlier ruling ordering TCC to pay Ramos’ his back wages, as he “cannot be deemed to have been illegally dismissed” because of the nature of  his employment.

“His services can be terminated anytime by virtue of the contract of service,” it added.

Ramos was terminated by the TCC Board of Trustees for his alleged failure to liquidate funds worth P10 million. He was replaced by Bacaltos, a former city administrator.

Early this year, Bacaltos, who was allied with the opposition camp, was replaced by Dr. Paulus Cañete. This resulted to chaos and conflict in the college, which prompted the Commission on Higher Education to take over the school.   —/RHM (FREEMAN)