Puentevella eyes CA appeal on Ramos ruling-A A +A
Tuesday, May 27, 2014
BACOLOD City Mayor Monico Puentevella said yesterday the decision of the Civil Service Commission (CSC) Regional Office 6 ordering the reinstatement of City Planning and Development Office head Mary Jean Ramos is not yet final.
They can still file an appeal before the Court of Appeals, he said.
The mayor said he will ask his lawyers study the CSC decision.
"We will follow the law," he added.
In its April 28, 2014 order, the CSC Region 6 ruled that the order of Puentevella dismissing Ramos from her post is illegal, and directed Puentevella to immediately restore Ramos to her post.
Ramos holds the position of City Government Department Head II.
CSC-6 Director IV Rodolfo Encajonado issued the order in the decision promulgated April 28, 2014.
The CSC-6 decision stated that Ramos is entitled of the payment of her back salaries and benefits along with her Representation and Transportation Allowance from the time she was illegally dropped from the rolls as department head of the City Planning and Development Office (CPDO) on February 7 until her actual reinstatement.
Ramos was ordered reinstated after the CSC-Region 6 granted her appeal and reversed and set aside the Office Memorandum Order No. 010-02-14 dated February 7 issued by Puentevella dismissing her services after she had been reported absent without leave (Awol) since September 2013.
In August 28 last year, Ramos was transferred from her assignment as head of the CPDO to one of the offices of the Economic Enterprise. She then filed a notice of appeal questioning the validity of the assignment order which resulted to her constructive dismissal.
On January 15, 2014, an order of the CSC-6 had declared Ramos’ reassignment not in order and directed her immediate reinstatement to her former position as CPDO head.
Consequently, Puentevella issued Memorandum No. 010-02-14, declaring Ramos as being Awol and thus, separating her from employment and dropping her from the rolls.
“That left with no recourse, complainant (Ramos) again comes to the refuge of this Honorable Office for redress as she is no match to the power and authority of the respondent (Puentevella) which he employed to the hilt to get rid of the complainant from employment with the city government,” Encanojado said.
The reassignment of Ramos from CPDO to head to one of the offices of the Economic Enterprise had already been declared by the CSC as “not in order.”
“Hence, Ramos cannot be compelled to comply with an illegal order issued by Puentevella. Corollary, her decision of not reporting for work at the Economic Enterprise Office is legal and justifiable,” Encanojado said.
Published in the Sun.Star Bacolod newspaper on May 27, 2014.