CSC orders Gov. Marañon: Reinstate prov'l accountant

BACOLOD CITY, Philippines -  – The Civil Service Commission has ordered Negros Occidental Governor Alfredo Marañon Jr. to reinstate provincial accountant Merly Fortu whom he dismissed from service in September last year for alleged grave misconduct.

The CSC has also ordered the governor to pay Fortu’s back salaries and benefits corresponding to the period of her illegal termination. It, however, admonished Fortu to be more circumspect in her dealings with her superiors to avoid a repeat of the situation that led to the ordering of her dismissal.

“It’s a triumph of justice,” Fortu said in a text message to The Freeman. In a 7-page decision, the CSC set aside Marañon’s decision, dated 3 September 2010, finding Fortu guilty of grave misconduct and imposing on her the penalty of dismissal from the service.

The CSC decision, a copy of which was received by the Capitol on Tuesday, was penned by Commissioner MaryAnn Fernandez-Mendoza, concurred in by Chairman Francisco Duque III and promulgated last September 13.

The complaint was filed by Vice Governor Genaro Alvarez Jr. accusing Fortu of hostility and arrogance when the latter was asked to explain the delayed processing of purchase orders and requests for reimbursements of expenses of the Provincial Board members.

Alvarez said this happened in a meeting on July 1, 2010 when “out of the blue, Fortu spoke in a raised voice denying any fault of her office.”

In his complaint, Alvarez claimed that instead of politely explaining how things work in her office, Fortu allegedly exchanged heated words with him and further arrogantly challenged and agitated all persons present during the meeting to take court action instead.

But the CSC, in its decision, however said that Fortu’s inadvertently raising her voice while engaging the vice governor in a heated argument could not be considered as one constituting the administrative offense of grave misconduct.

As defined “misconduct is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer,” the CSC said, adding that Fortu did not transgress any definite rule of action and neither had she exhibited unlawful behavior to be liable of grave misconduct.

The CSC further said that records showed that Fortu had not uttered any insulting or abrasive language but inadvertently raised her voice at the meeting. “No insulting words were said by respondent, and it was only the level and tone of her voice that complainant found reprehensible,” the decision added.

Provincial Legal Officer Jose Ma. Valencia, however, argued: “In our analysis, the CSC decision was wrong. It is already intruding into the appreciation of facts by saying that the raising of one’s voice is not being arrogant. How would they know her voice was not arrogant because they did not hear her?”

The CSC should not go beyond its mandate, said Valencia while clarifying that Fortu could not return yet to her position because the Capitol has 15 days to file a motion for reconsideration to the CSC ruling.

“If the CSC denies our motion for reconsideration then it supposedly can enforce its decision,” said Valencia. Even if the CSC reaffirms its decision “there are still other remedies we can take, we are studying other options,” such as seeking a TRO from the Court of Appeals, he said.

Valencia said that the case of Fortu would set a bad example that anyone can just shout at elected public officials.

Marañon, for his part, could not be reached for comment. He is currently in Tokyo, Japan to attend a conference of OISCA (Organization for Industrial, Spiritual, and Cultural Advancement) International, which is celebrating its 50th Anniversary. – (FREEMAN)