TRO vs BOC revamp extended by 17 days

MANILA, Philippines - A Manila City court yesterday granted the petition of 14 district collectors of the Bureau of Customs (BOC) to extend a temporary restraining order (TRO) stopping their transfer to a new office under the Department of Finance (DOF).

In a seven-page order issued by Manila City Regional Trial Court (RTC) Branch 17 Judge Felicitas Laron-Cacanindin, the TRO was extended for another 17 days, allowing the petitioners to remain in their current posts until Oct. 21.

The extension was issued on the day that the initial 72-hour or three-day TRO, issued by RTC Branch 22 Executive Judge Marino de la Cruz Jr., expired.

The 20-day TRO is in connection with the main case for declaratory relief that the petitioners filed before the Manila court.

Cacanindin pointed out in the order that at this point, the court is “tentatively convinced that the right of the petitioners exists and the implementation of the assailed Customs Personnel Order (CPO) No. B-189-2013 is violative of their rights.”

She added that although the court supports the administration’s policy to integrate reforms and cleanse the government system of corruption and irregularities, these reforms should be made under the purview of the dictates of the Constitution and must satisfy all questions and legalities.

The petitioners’ legal counsel, Reody Anthony Balisi, reportedly said that the CPO No. B-189-2013, which details the petitioners from their present post to the Customs Policy Research Office (CPRO) of the DOF, violates the district collectors’ right to security of tenure.

The BOC is an attached agency of the finance department.

Balisi said the transfer “is tantamount to the petitioners’ demotion although not necessarily diminution of their basic salary but rather removing them from their current status as managerial employees exercising certain powers of authority.”

Making them “researchers” is tantamount to the blanket removal of the petitioners from their appointments as collector of Customs 5 and 6, he added.

The CPO also failed to mention up to when the collectors would stay with the CPRO and when they would revert back to their original posts, a violation of Civil Service rules, the court said.

“Considering that the petitioners who are tenured career service employees and who rose from the ranks so to speak, the reputation and stature that they have built for themselves in exchange of the dedication, toll and hard work through the years that they have invested into the service, is at the brink of dissipation due to the impending implementation of the assailed CPO,” the court said.

Unfortunate decision

Asked to comment on the court order, Customs Commissioner Ruffy Biazon said he will wait for the official copy of the directive first.

Biazon and Finance Secretary Cesar Purisima were named as respondents in the case.

Malacañang, on the other hand, said the decision to extend the TRO on the revamp in the BOC is unfortunate because it will affect ongoing reform efforts.

“However, the DOF will be studying its options in light of this development,” deputy presidential spokersperson Abigail Valte said. – With Aurea Calica