Palace may have erred in termination letter, says DepEd usec

Malacañang may have made a mistake in sending a letter of appreciation that also indicates a termination of his services, Education Undersecretary Juan Miguel Luz asserted yesterday.

"If it’s a letter of termination, then it’s a mistake. As pointed out by the Civil Service Commission (CSC) and the Career Executive Service Board (CESB), as a career executive service officer (CESO) I cannot be terminated without cause," Luz said.

Luz told a news conference the letter he received from Malacañang does not indicate the cause for his termination.

"And clearly the letter with a one-sentence statement does not list any cause for termination. Let me ask you how you would interpret the (letter)," he said, posing the question to the media.

Luz said the letter simply said he was no longer connected with the government.

He claimed the CSC even pointed out the letter lacked a valid cause for his termination.

Luz said officer-in-charge Department of Education (DepEd) Undersecretary Fe Hidalgo had asked Malacañang for immediate clarification regarding the letter due to its "conflicting statements."

When asked about his plans should the issue remain unresolved, Luz said he will appeal before the CSC and the CESB. "I will fight it," he said.

Luz also issued a statement clarifying the same issues concerning his status and the letter sent by Malacañang.

As of yesterday, Luz still serves as the DepEd Undersecretary for Finance and Administration.

The DepEd, however, made an internal arrangement that Luz would not be allowed to sign vouchers, checks or other official communication until the matter is resolved.

Undersecretary Ramon Bacani was appointed to sign all communications and finance documents.

Luz recalled that on Sept. 13, 2005, his office received a letter from Executive Secretary Eduardo Ermita.

The letter read: "We wish to thank you for your services as Undersecretary, Department of Education, effective immediately."

Luz was attending a conference on education finance at the United States when the letter arrived.

Hidalgo told Luz over the telephone about the letter. Luz was able to read the contents of the letter when he returned on June 20. Luz immediately sought CSC Chair Karina Constantino David to clarify the meaning of the letter.

David replied on Sept. 21, telling Luz that "as a permanent official, you cannot be removed from your position by virtue of a mere letter. You may only be removed for cause as provided for by law, and after due process."

"The Office of the President was working under the mistaken assumption that your appointment was not permanent and thus, you may be separated from the service anytime or at a moment’s notice," the letter of David also said.

CESB executive director Mary Ann Fernandez-Mendoza also told Luz that the letter "could not be taken to mean your termination from the service. Hence you may continue performing the functions as Undersecretary of DepEd."

Luz then sent a letter to Ermita, informing the executive secretary of the opinions offered by the CSC and the CESB.

But on Sept. 23, 2005, Malacañang announced Luz had been "terminated as undersecretary (of education) but not as CESO."

Malacañang later said Luz’s position had been modified as "a reassignment to some other government position of same rank."

Luz claimed his position was "modified" by Malacañang "being resigned as undersecretary."

According to Luz, Presidential Spokesman Ignacio Bunye stated on national television that he would stay on as DepEd undersecretary.

Luz expressed his opinion that the issue may have been triggered by his objection over plans to channel some of the President’s Social Fund (PSF) through the DepEd.

Luz may also have earned the ire of the Palace with his criticisms of the Arroyo government during the "Hello, Garci" scandal two months ago and his comments on the dismissal of the impeachment complaint against the President earlier this month. He is a brother of Makati Business Club executive director Guillermo Luz, who was among the people who had asked the President to resign.

There were also reports that Luz’s removal from office was triggered by his refusal to honor three postdated checks Malacañang issued for the scholarship program of an administration lawmaker from Zambales.