598 Phil. 781; 106 OG No. 2, 190 (January 11, 2010)
CARPIO MORALES, J.:
Romeo Asor, fourteen (14) years in government service and with 112 training hours, applied for local legislative staff, but was denied. Instead, Myrna Macuja, who has three (3) years government service was appointed.The CSC, by Resolution No. 992183 dated September 23, 1999, found for respondents, disposing as follows:
Mayor Pan's only justification was that Asor has no civil service eligibility. Records, [sic] show that Macuja also has no civil service eligibility. He likewise did not dispute Asor's allegation.
Edgardo Enciso, a college level (engineering third year) [sic] who has six (6) years government service and with 16 training hours, applied for Bookbinder position, but was denied. In his stead, C[h]ristina Mendoza, a graduate of midwifery[,] was appointed.
Again, Mayor Pan justified that Edgardo Enciso is non-eligible. However, records reveal that Mendoza is likewise a non-civil service eligible. Under the Qualification Standard (QS), civil service eligibility is not required for the said position. Enciso's allegation was also uncontested.
x x x x
Yolanda Peña, an Accounting graduate with Civil Service Eligibility (Professional) and has been in the government service for twenty five (25) years and 289 hours of training [sic], applied for Cashier II position. She was not appointed to said position and neither to any position and, instead Evelyn Granadino who has only eleven (11) years in the service was preferred and appointed to Cashier II.
The justification by Mayor Marcel Pan for not appointing Peña to Cashier II is self-serving. There was no proof shown to support his allegation that the Municipality of Goa incurred losses of Four Hundred Thousand Pesos (P400,000.00) during Peña's incumbency as Supervisor of Waterworks System.
Marivic Enciso, who has been in the government service for ten years and eight months (10 years & 8 months) and with 119 hours of training, applied for Local Legislative Staff and in the alternative for Bookbinder but her application was denied. Instead, Myrna Macuja, who is new in the service[,] was appointed. Natalia Vargas, who has seven years in service[,] was appointed as Bookbinder.
The only justification Mayor Pan gave for not appointing [Marivic] was that the latter has no civil service eligibility. Records, however, show that Macuja and Vargas also have no civil service eligibilities. Further, Mayor Pan did not rebut [Marivic's] allegation regarding Macuja[`s] and Vargas' length of service.
Melinda Cantor, civil service eligible (Subprofessional) and who has seven (7) years government service and 104 hours training, likewise applied for Clerk II position. The same was denied. Instead[,] Salvacion Asor, with only four (4) months government service, and Fernando Pardinas and Leticia Parpan, both High School graduates were appointed.[10]
WHEREFORE, the appeal is hereby granted. The Commission rules that the separation of herein appellants, except Aurora Pacis, was in violation of the provisions of Republic Act No. 6656. Accordingly, Yolanda O. Peña, Marivic Enciso, Melinda Cantor, Romeo Asor and Edgar Enciso shall be reinstated or reappointed to their former positions or their equivalent under the new staffing pattern without loss of seniority rights and shall be paid backwages from the time they were separated until their actual reinstatement. Aurora Pacis' non-appointment was, however, justified. (Emphasis and underscoring supplied)Via Motion for Reconsideration,[11] the mayor adduced additional evidence and grounds in support of his decision not to appoint respondents, such as Peña's poor job performance as former waterworks supervisor resulting in financial losses; Cantor's lack of actual experience in the work of a revenue collections clerk; and Marivic's, Asor's and Enciso's failure to submit their respective performance evaluation reports for them to be considered by the Placement Committee, as well as their questionable promotions to their last stated positions.
When the present administration reorganized, the most affected department was the Municipal Treasurer's Office where Melinda Cantor, Romeo Asor and Marivic Enciso belonged to make the local treasury more viable. From twenty-seven (27) employees, this department was reduced to nine (9) employees. Another office affected heavily by the reorganization is the Waterworks operation where Yolanda Pe[ñ]a and Edgar Enciso were formerly connected. From eight (8) employees, this office was trimmed down to two (2) employees. (Emphasis and underscoring supplied)The motion for reconsideration having been denied by Resolution No. 000617,[12] he went up to the Court of Appeals for recourse.
Petitioner insists that all those retained in the reorganization are permanent employees holding permanent positions who are equally, if not better, qualified compared with respondents.[16] And he questions the conflicting actions of the CSC when it still ordered the reinstatement of respondents despite its approval of the appointment of the new appointees.[17]I
THE DECISION OF THE HONORABLE COURT OF APPEALS IS NOT SUPPORTED BY EVIDENCE ON RECORD AND IS BASED ON SURMISES AND CONJECTURES.II
THE PRINCIPLE OF FINALITY OF FACTUAL FINDINGS OF ADMINISTRATIVE AGENCIES SHOULD HAVE BEEN FIRST APPLIED TO THE DECISION OF THE PLACEMENTS BOARD. (Underscoring supplied)
. . . As a general rule, a reorganization is carried out in "good faith" if it is for the purpose of economy or to make bureaucracy more efficient. In that event, no dismissal (in case of a dismissal) or separation actually occurs because the position itself ceases to exist. And in that case, security of tenure would not be a Chinese wall. Be that as it may, if the "abolition," which is nothing else but a separation or removal, is done for political reasons or purposely to defeat security of tenure, or otherwise not in good faith, no valid "abolition" takes place and whatever "abolition" is done, is void ab initio. There is an invalid "abolition" as where there is merely a change of nomenclature of positions, or where claims of economy are belied by the existence of ample funds. (Underscoring supplied)Section 2 of R.A. No. 6656 cites certain circumstances showing bad faith in the removal of employees as a result of any reorganization, thus:
Sec. 2. No officer or employee in the career service shall be removed except for a valid cause and after due notice and hearing. A valid cause for removal exist when, pursuant to a bona fide reorganization, a position has been abolished or rendered redundant or there is a need to merge, divide, or consolidate positions in order to meet the exigencies of the service, or other lawful causes allowed by the Civil Service Law. The existence of any or some of the following circumstances may be considered as evidence of bad faith in the removals made as a result of the reorganization, giving rise to a claim for reinstatement or reappointment by an aggrieved party:And Section 3 of the same law provides for the order of removal of employees as follows:
a) Where there is a significant increase in the number of positions in the new staffing pattern of the department or agency concerned;
b) Where an office is abolished and another performing substantially the same functions is created;
c) Where incumbents are replaced by those less qualified in terms of status of appointment, performance and merit;
d) Where there is a reclassification of offices in the department or agency concerned and the reclassified offices perform substantially the same functions as the original offices;
e) Where the removal violates the order of separation provided in Section 3 hereof. (Emphasis, italics and underscoring supplied)
Sec. 3.In the separation of personnel pursuant to reorganization, the following order of removal shall be followed:In the case at bar, petitioner claims that there has been a drastic reduction of plantilla positions in the new staffing pattern in order to address the LGU's gaping budgetary deficit. Thus, he states that in the municipal treasurer's office and waterworks operations unit where respondents were previously assigned, only 11 new positions were created out of the previous 35 which had been abolished; and that the new staffing pattern had 98 positions only, as compared with the old which had 129.
(a) Casual employees with less than five (5) years of government service;
(b) Casual employees with five (5) years or more of government service;
(c) Employees holding temporary appointments; and
(d) Employees holding permanent appointments: Provided, That those in the same category as enumerated above, who are least qualified in terms of performance and merit shall be laid first, length of service notwithstanding.
Sec. 4. Officers and employees holding permanent appointments shall be given preference for appointment to the new positions in the approved staffing pattern comparable to their former positions or in case there are not enough comparable positions, to positions next lower in rank.In the case of respondent Peña, petitioner claims that the position of waterworks supervisor had been abolished during the reorganization. Yet, petitioner appointed an officer-in-charge in 1999 for its waterworks operations[24] even after a supposed new staffing pattern had been effected in 1998. Notably, this position of waterworks supervisor does not appear in the new staffing pattern of the LGU.[25] Apparently, the Municipality of Goa never intended to do away with such position wholly and permanently as it appointed another person to act as officer-in-charge vested with similar functions.
No new employees shall be taken until all permanent officers and employees have been appointed, including temporary and casual employees who possess the necessary qualification requirement, among which is the appropriate civil service eligibility, for permanent appointment to positions in the approved staffing pattern, in case there are still positions to be filled, unless such positions are policy-determining, primarily confidential or highly technical in nature. (Emphasis and underscoring supplied)