536 Phil. 1016
GARCIA, J.:
In time, the petitioner mayor moved for a reconsideration. But in a subsequent Order[3] dated April 8, 2003, the same CSC Regional Office denied the motion. The mayor's appeal also suffered the same fate as it was likewise denied by the CSC proper in its Resolution[4] of August 26, 2005, viz:xxx xxx xxx
A review of the record satisfies this Office that the justifications advanced for the abolition of complainants' offices (economy and efficiency) are but subterfuges resorted to for disguising an illegal removal of permanent employees, in violation of the security of tenure guaranteed by the 1987 Constitution and Republic Act 6656, otherwise known as "An Act To Protect The Security of Tenure Of Civil Service Officers and Employees In the Implementation of Government Reorganization.
The claim of budgetary deficits effectuated through abolition of these departments are belied by the fact that out of thirty four (34) employees affected by the abolition, eleven of these separated permanent employees were hired as casuals in the year 2002 performing essentially the same functions as the one held by them prior to the abolition.xxx xxx xxx
For the months of September to December 2002, there were 104 Job Orders and Contracts of Services entered into which costs the local government P1,441,535.40. With the issuance of casual appointments for the year 2002, the local government paid approximately P2,442,735.90 representing the total amount of the daily wages of the casuals following the wage rates indicated in the Plantilla of Casual Appointments. Some of these casual employees and employees under contracts of services and job orders have replaced/assumed continuously the regular functions of the thirty four (34) former regular employees who were separated due to abolition of office.
Aside from the voluminous hiring of casuals, employees under job orders and contracts of services, this Office also observed that LGU-La Paz created a Private Secretary position assigned in the Office of the Vice Mayor pursuant to Ordinance No. 13-2001 with an annual salary of P126,420.00 as well as the creation of Municipal Human Resource Management Office (MHRMO) with one new item, namely: Municipal Government Assistant Department Head 1 (SG 22) with an annual salary of P231,012.00 as reflected under the agency's personnel Schedule.
The massive issuance of casual appointments, job orders, contracts of services as well as the creation of new positions in the local government of La Paz do not speak well of good faith (economy and efficiency) on the part of respondent Muñez.
Whatever reasons for the abolition of office such as "budgetary deficit" or "municipal government suffering from limited financial resources" and even the allegation where said LGU was "compelled to settle the huge statutory and other financial obligations left by the previous administration" are difficult to comprehend. No further elucidation is required except for a simple truth of replacing the permanent employees having security of tenure with men and women of the chief executive's own choice whose tenure would be highly dependent upon his pleasure and discretion. Evidently, the abolition of office was in bad faith for it leads us to an inescapable conclusion that it was resorted to as a disguise for removing incumbent permanent employees. This is a clear transgression of complainants' security of tenure guaranteed to them by our fundamental law.xxx xxx xxx
In the instant case, respondent Muñez justified the non-payment of separation benefits due to limited financial resources coupled with the alleged huge financial obligations left by the previous administration. If it were true, why the massive hiring of casuals? Why so many job orders and contracts of services? Why the increase in salaries of officers and employees for year 2002? Why the creation of new positions? And why the filling-up of vacant positions? We find no valid reasons why the local government could not pay the separations benefits within ninety (90) days reckoning from January 1, 2002, of these terminated employees who opted to be separated from the service.
WHEREFORE, ALL THING STUDIED, the abolition of positions is hereby declared VOID. Accordingly, the Municipal Government of La Paz, Agusan del Sur is ordered to REINSTATE the twenty-eight (28) separated employees to the positions they previously held prior to abolition. If no longer feasible, to a comparable or equivalent position with payment of back salaries and other benefits from the date of their removal from the service up to their actual reinstatement.
In the case of Pedro Tesado, Nelson Havana and Rizaldo Monte who were already paid their terminal pay, they can still be reinstated provided they refund the equivalent amount for terminal pay.
WHEREFORE, the appeal of Mayor Renato S. Muñez is hereby DISMISSED. Accordingly, the CSCRO No. III Order dated April 8, 2003 denying the motion for reconsideration of Mayor Muñez from the CSCRO No. XIII Order dated January 21, 2003, which declared the abolition of positions in said agency as null and void and ordered the reinstatement of Pablito Jomo, et al., is AFFIRMED. The separated employees are reinstated without loss of seniority rights, leave credits, and full payment of back wages pursuant to Section 9, Republic Act No. 6656. Provided, that those employees who had received their terminal pay shall reimburse the same amount received or shall have the same deducted from their back wages. Provided further, that those employees who were hired as casual employees following their separation shall have the income derived during their illegal separation deducted from their back wages.Ultimately, the petitioner mayor elevated the matter to the CA via a petition for review initiated by a motion for extension of time within which to file said petition, tentatively docketed in the CA as CA-G.R. SP No. 00611.
SEC. 4. Period of appeal. - The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication.Although the second motion for extension was filed within the first extended period, the reason proffered by the petitioner for seeking a second extension cannot, by any stretch of imagination, be seen as compelling.xxx xxx xxx
xxx the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.