Reinstatement of dismissed MPSPC employees moved
LAWYER Willibroth Managtag, the Senate’s representative to the Board of Trustees of the Mountain Province State Polytechnic College (MPSPC) has moved for the immediate reinstatement of three previously dismissed employees of the institution during the BOT’s 2nd Quarter Regular meeting held on August 17 at the Commission on Higher Education (CHED) central office in Quezon City.
Reinstated from the service were Dan Evert Sokoken, Daniela Chumacog and Dr. Beverly Ann Chaokas who were dismissed from service by the Civil Service Commission but were reprimanded only with a penalty of six – month suspension after the Court of Appeals exonerated the employees of the offenses of grave misconduct and insubordination.
In its decision dated May 22, 2017, the CA found the respondents guilty only of the offense of conduct prejudicial to the best interest of the service.
On February 28, the Supreme Court Second Division affirmed the May 22, 2017 ruling of the CA, and that the same became final and executory on April 19, 2018.
Managtag, who represents Senator Francis Escudero of the Senate Committee on Education, first raised the issue during the board’s special meeting on July 4. Since the issue cannot be tackled on a special meeting, the BOT agreed to calendar as part of the agenda in the next regular meeting.
During the meeting, MPSPC President Rexton Chakas sought the judgement of the members and implored the BOT to resolve the matter as he did not have the basis to reinstate the employees.
Chakas invited Atty. Jose Co, legal consultant of the college to present the chronology of events and facts of the case. Co insisted the dismissed employees already found guilty by the CSC
cannot be reinstated.
The lawyer further stressed the dispositive portion of the CA and SC ruling does not categorically mention reinstatement.
Managtag said the basis for reinstatement is appropriately found in the SC decision which affirmed the CA decision punishing the respondents with a lesser offense of six months suspension without salary only.
He also cited Section 58, Rule 10 on Administrative Cases in the Civil Service providing for the immediate reinstatement without loss of seniority rights with payment of back salaries and all other benefits for employees dismissed but were exonerated.
As a result, the board unanimously approved the motion of Managtag in favor of Sokoken, Chumacog and Chaokas through BOT Resolution No. 44, s. 2018 ordering the college president to reinstate the three individuals as regular employees of the institution. On the issue of payment of previous salaries and benefits, the college president was tasked to inquire from the CSC if such reimbursements are covered.
Members present at the board meeting were CHED Commissioner and chair-designate Lilian de Las Llagas, Chakas, Managtag, House Committee on Higher Education designate Atty. Cyprine Dalog, DOST-CAR regional director Nancy Bantog, DA-CAR regional executive director Cameron Odsey, CHED-CAR OIC regional director Geraldine Casipit, private sector representative Gemma Ngelangel, private sector representative Benedict Odsey II and faculty trustee Emily Ann Marrero.
In related developments, Chakas invited the employees and announced their immediate reinstatement pursuant to BOT Resolution No. 44during the school’s flag ceremony on August 20, 2018.