CSC to Davide: execute order or face court charges

THE Civil Service Commission (CSC) en banc ordered Cebu Gov. Hilario Davide III to “immediately restore” Marivic R. Garces as Provincial Social Welfare and Development officer (PSWDO) to avoid getting cited for indirect contempt or being charged in court for neglect of duty.

The CSC order, which was promulgated last Jan. 13, 2015, was penned by Commissioner Nieves Osorio and concurred by Commissioner Robert Martinez and Chairman Francisco Duque III.

The case stemmed from the move of then acting governor Agnes Magpale that transferred Garces to the Integrated Provincial Health Office (IPHO) without informing her 30 days in advance as mandated by law. In late 2012, Magpale served as governor in an acting capacity after former governor and now Cebu Third District Rep. Gwendolyn Garcia was suspended from office.

The CSC issued Decision 13-0653 dated June 25, 2013 that ordered the reinstatement of Garces to her original position. However, Magpale and the Cebu Provincial Government filed an appeal.

In its final decision, the CSC junked the appeal of Magpale and the Provincial Government, and directed Davide to “immediately restore” Garces to her original position as PSWDO.

The CSC also ordered Davide to cause the payment of Garces’ Representation and Transportation Allowance (Rata) computed from Jan. 8, 2013, the time she was deprived thereof, up to her actual reinstatement/restoration to her original position.

As department head, Garces is entitled to P17,000 in Rata per month.

The CSC en banc also directed CSC 7 to strictly monitor the implementation of the final order and to submit report of compliance within 10 days upon receipt.

Lawyer Ariel Bacatan of the CSC 7 Legal Office told Garces that Davide received a copy of their CSC en banc final order last Feb. 13.

“Gov. Davide is reminded that his willful refusal or failure to implement CSC Decision 13-0653 may be a ground to cite him in indirect contempt of the Commission and to admin- istratively charge him with conduct prejudicial to the best interest of the service or neglect of duty, or hold him criminally liable under Section 67 of Book V of Executive Order 292 (Administrative Code of 1987),” read the CSC decision.

Garces said that she wrote Davide four times explaining her side on the matter, but all her letters were not answered by the governor.

Garces said that it seemed that she was a victim of political persecution because she was always seen with former governor Garcia.

“They forgot that I am a career official. With my position, I serve the people under the governor, so that our service to the people must continue whoever the governor is,” Garces said.

Last Feb. 5, the Provincial Government, however, filed a motion for reconsideration on the reinstatement order of Garces.

Provincial Legal Officer Orvi Ortega explained that the order is already moot and academic as Garces was already reinstated by Garcia last June 19, 2013 when the latter returned to her office after serving her six-month suspension.

Last Jan. 7, 2013, Magpale transferred and assigned Garces to the IPHO. When Garcia returned to her office, she had reinstated Garces, rendering Magpale’s earlier order moot and academic, Ortega said.

On the same month that Garces was reinstated as PSWD officer, the CSC also decided in favor of her that prompted the Province to file an appeal before the Court of Appeals.

Last Aug. 2, 2013, Davide transferred Garces from the PSWD to the Danao District Hospital.

Ortega said he checked with the CSC records in Manila and he learned that Garces’ legal counsel Ramsey Quijano asked the commission to execute its June 2013 decision pending the CA’s decision on the appeal, as the Province did not seek a temporary restraining order. Ortega said Quijano cited CSC rules that one can execute a decision pending an appeal.

Ortega said they are exhausting all legal remedies they would decide to seek the intervention of the higher court.