CEBU, Philippines - Cebu Provincial legal officer Orvi Ortega yesterday said the order to reinstate Marivic Garces as Provincial Social Welfare Development officer is already moot as it was already served when former Governor Gwen Garcia returned to the Capitol in June 2013.
“Ang order, mooted na kay na-served naman na,” Ortega said in yesterday’s Kapistorya at the Provincial Capitol.
It can be recalled that the Civil Service Commission has ordered Governor Hilario Davide III to “immediately restore” Garces as PSWD head, saying then Acting Governor Agnes Magpale’s order to transfer her to Danao City as its Integrated Provincial Health Office (IPHO) is “not in order.”
Magpale gave the order on January 2013 when Garcia was suspended for six months starting December 2012.
But Ortega said when Garcia assumed again as governor after her suspension, she immediately reinstated Garces to her old post at the Capitol thereby making the CSC’s order moot.
While the Capitol has argued the decision, Ortega said it is amenable to pay Garces’ representation and travel allowance since she was relieved from January 8, 2013 up to her actual reinstatement.
The order was issued January 13 this year, but as of yesterday, Garces was still not restored to her old post.
“Governor Davide is reminded that his willful refusal or failure to implement CSC Decision No. 13-0653 may be a ground to cite him in indirect contempt… and (for the commission) to administratively charge him with Conduct Prejudicial to the Best Interest of the Service or Neglect of Duty,” read the CSC Resolution No. 15-00054. — Liv G. Campo/ATO (FREEMAN)