CSC orders reinstatement of BOC official

MANILA, Philippines - The Civil Service Commission (CSC) has ordered the reinstatement of a Bureau of Customs (BOC) official who was illegally dismissed from service three years ago.

Reynaldo Nicolas, held the post of deputy commissioner when he was put under preventive suspension following a lifestyle check in 2009. During his suspension, a person was appointed as his replacement and his name was deleted from the BOC’s payroll. He filed a complaint with the CSC, which ruled in his favor.

The CSC, in a May 29 resolution signed by chairman Francisco Duque III and Commissioner Mary Ann Fernandez-Mendoza, said Nicolas should be reinstated “without the issuance of a new appointment.”

Nicolas’ position is now held by Prudencio Reyes. Jr., a former official of the Local Water Utilities Administration (LWUA) who was removed from his post in 2009 for allegedly committing offenses involving moral turpitude.

The latest CSC ruling directed the BOC to implement its Aug. 15, 2011 decision reinstating Nicolas with payment of back wages and other benefits from the time of his illegal dismissal up to the time of his actual reinstatement. The CSC said since Nicolas possesses the qualifications for the post of deputy commissioner, he “enjoys security of tenure and cannot be separated from the service except for cause.”

BOC Commissioner Rufino Biazon’s office reportedly received a copy of the order on June 8.

BOC officer-in-charge Deputy Commissioner Peter Manzano said yesterday they are still waiting for instructions from the Office of the President on how to deal with the CSC order.

He said it appeared that the CSC’s decision has been “overtaken by events” since Nicolas’ post is already held by Reyes, a presidential appointee.

Manzano said one alternative is that Nicolas can be given another assignment that fits his qualifications. Since the BOC under the Department of Finance, Manzano said Nicolas can be given a post in the DOF.