SC junks reinstatement bid of ex-MMDA exec

MANILA, Philippines - The Supreme Court (SC) has junked the bid of a former official of the Metropolitan Manila Development Authority (MMDA) to be reinstated to his post.

In a decision penned by Chief Justice Ma. Lourdes Sereno, the high court dismissed the petition of former MMDA assistant general manager for operations (AGMO) Emmanuel de Castro questioning an order of President Aquino replacing him with Emerson Carlos.

The SC held that De Castro, who was appointed AGMO in July 2009, failed to prove that “he has a clear right to the office allegedly held unlawfully by another.”

It cited President Aquino’s Memorandum Circular No. 2, which directed all non-CESO (Career Executive Service Official) appointees to continue in office until their resignations have been accepted or their replacements have been appointed.     

“An AGMO should possess all the qualifications required by third-level career service within the Career Executive Service (CES) and in this case, petitioner (De Castro) does not have the required eligibility,” it explained. 

De Castro took his oath in August 2009 during the Arroyo administration.

But when MMDA Chairman Francis Tolentino assumed office, he issued an order on July 30, 2010 designating Corazon Cruz as officer-in-charge (OIC) of the office of the AGMO.  

De Castro was then reassigned to the legal and legislative affairs office of the Office of the General Manager.

On Nov. 2, 2010, Tolentino designated Carlos as OIC of the office of AGMO. Subsequently, De Castro’s name was stricken off the MMDA payroll and was no longer paid his salary since November 2010.

De Castro sought a clarification from the Career Executive Service Board (CESB), which said that the position of AGMO had not yet been classified and could not be considered as belonging to the CES.

He demanded the payment of his salaries.  When the MMDA refused to heed his plea, he elevated his case to the Office of the President.

On Jan. 4, 2011, the President appointed Carlos as AGMO of the MMDA. 

De Castro filed a case with the SC claiming that he has a security of tenure and that the position of AGMO is not covered by Memorandum Circular No. 2 since it is not a CES position as determined by the CESB.