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MOP, Bk 6, v.5, 370
[ ADMINISTRATIVE ORDER NO. 253, December 23, 1953 ]
TRANSFERRING PROVINCIAL TREASURER MELANIO HONRADO OF BOHOL
This is an administrative case against Mr. Melanio Honrado, Provincial Treasurer of Bohol, who is charged with (1) refusing to replace in the service non-civil service eligibles with civil service eligibles, (2) persisting in employing non-civil service eligibles despite the certification of eligibles by the Bureau of Civil Service and (3) abusing his authority in unjustifiably giving his assistant treasurer semestral efficiency rating as low as 66 per cent without taking corresponding administrative action against him as required by the regulations.
Denying the charges, respondent explains, as to the first, that the names of the six persons recommended by the complainant, Congressman Luis T. Clarin, were not included in the latest lists of eligibles with still valid eligibilities furnished by the Commissioner of Civil Service, nor had the recommendees submitted proof of the validity of their civil service eligibilities; and that four of said recommendees were already working in other government offices and need not be accommodated in his office, while the other two could not, in accordance with the ruling of the Civil Service, hold clerical positions in the treasury service as they were just patrolman eligible.
Respondent’s explanation is net satisfactory. It does not appear that he made inquiry from the Bureau of Civil Service whether the civil service eligible of the complainant’s recommendees were still good. Had he done so, he would have been informed in the affirmative, at least insofar as the case of five of them was concerned. The mere fact that four of said recommendees were working in other government offices was no valid reason for not considering them for appointment to positions in respondent’s office which were being held by temporary employees.
As regards the second charge, respondent claims that non-eligibles continued to be employed in his office because those certified by the Bureau of Civil Service were not available for employment. It appears that on January 25, 1952, the Commissioner of Civil Service certified to respondent a list of eligibles who could replace temporary employees in his office.
Notwithstanding this certification, respondent proposed the appointment of several persons who had no civil service eligibility. It further appears that despite the memorandum dated May 23, 1952, of the chief clerk of the Bureau of Civil Service, on the feasibility for appointment as clerk of certain recommendees of Congressman Clarin because of their civil service eligibilities, respondent still maintained that there were no available civil service eligibles who could replace the temporary employees in his office. I therefore find respondent’s explanation also unsatisfactory.
Relative to the last charge, respondent maintains that the efficiency rating of 66 per cent given by him to Mr. Dionisio Borja, his assistant, was in accordance with his real worth and that administrative charges have already been filed against him. The record shows that prior to respondents’s assumption of office as Provincial Treasurer of Bohol, Assistant Provincial Treasurer Borja obtained efficiency ratings ranging from 95 per cent to 100 per cent. However, during the incumbency of respondent, the same went down to 77 per cent on December 31, 1949, and 66 per cent on December 31, 1950. Yet, respondent did not take any action against him for inefficiency until the Department of Finance instructed him to do so. Under instruction No. 6 in Civil Service Form No. 54, administrative action should be taken against any employee who obtains an efficiency rating below 70 per cent. If indeed there was basis for giving Mr. Borja an efficiency rating of 66 per cent, respondent was nevertheless guilty of neglect of duty in failing to take proper administrative action against him as enjoined by the instruction above referred to.
In view of the foregoing, and upon the recommendation of the Secretary of Finance, Mr. Melanio Honrado shall be transferred to another province or position.
Done in the City of Manila, this 23rd day of December, in the year of Our Lord, nineteen hundred and fifty-three, and of the Independence of the Philippines, the eighth.
By the President:
(Sgd.) MARCIANO ROQUE
Acting Executive Secretary
Denying the charges, respondent explains, as to the first, that the names of the six persons recommended by the complainant, Congressman Luis T. Clarin, were not included in the latest lists of eligibles with still valid eligibilities furnished by the Commissioner of Civil Service, nor had the recommendees submitted proof of the validity of their civil service eligibilities; and that four of said recommendees were already working in other government offices and need not be accommodated in his office, while the other two could not, in accordance with the ruling of the Civil Service, hold clerical positions in the treasury service as they were just patrolman eligible.
Respondent’s explanation is net satisfactory. It does not appear that he made inquiry from the Bureau of Civil Service whether the civil service eligible of the complainant’s recommendees were still good. Had he done so, he would have been informed in the affirmative, at least insofar as the case of five of them was concerned. The mere fact that four of said recommendees were working in other government offices was no valid reason for not considering them for appointment to positions in respondent’s office which were being held by temporary employees.
As regards the second charge, respondent claims that non-eligibles continued to be employed in his office because those certified by the Bureau of Civil Service were not available for employment. It appears that on January 25, 1952, the Commissioner of Civil Service certified to respondent a list of eligibles who could replace temporary employees in his office.
Notwithstanding this certification, respondent proposed the appointment of several persons who had no civil service eligibility. It further appears that despite the memorandum dated May 23, 1952, of the chief clerk of the Bureau of Civil Service, on the feasibility for appointment as clerk of certain recommendees of Congressman Clarin because of their civil service eligibilities, respondent still maintained that there were no available civil service eligibles who could replace the temporary employees in his office. I therefore find respondent’s explanation also unsatisfactory.
Relative to the last charge, respondent maintains that the efficiency rating of 66 per cent given by him to Mr. Dionisio Borja, his assistant, was in accordance with his real worth and that administrative charges have already been filed against him. The record shows that prior to respondents’s assumption of office as Provincial Treasurer of Bohol, Assistant Provincial Treasurer Borja obtained efficiency ratings ranging from 95 per cent to 100 per cent. However, during the incumbency of respondent, the same went down to 77 per cent on December 31, 1949, and 66 per cent on December 31, 1950. Yet, respondent did not take any action against him for inefficiency until the Department of Finance instructed him to do so. Under instruction No. 6 in Civil Service Form No. 54, administrative action should be taken against any employee who obtains an efficiency rating below 70 per cent. If indeed there was basis for giving Mr. Borja an efficiency rating of 66 per cent, respondent was nevertheless guilty of neglect of duty in failing to take proper administrative action against him as enjoined by the instruction above referred to.
In view of the foregoing, and upon the recommendation of the Secretary of Finance, Mr. Melanio Honrado shall be transferred to another province or position.
Done in the City of Manila, this 23rd day of December, in the year of Our Lord, nineteen hundred and fifty-three, and of the Independence of the Philippines, the eighth.
(Sgd.) ELPIDIO QUIRINO
President of the Philippines
President of the Philippines
By the President:
(Sgd.) MARCIANO ROQUE
Acting Executive Secretary