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VIOLAGO, Galo Antonio V.
Re: Preventive Suspension
(Appeal)
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NOTICE OF RESOLUTION ‘
Sir/Madam:
Thé Commission promulgated on January 05, 2010 Resolution No. 10-
0048 on the above-cited case, copy attached. Its original is on file with this
Commission.
Please inform the Commission as to the date of your receipt of this
Resolution within five days from such receipt.
January 07, 2010
Very truly yours,
DOLORES #. dOfIFACIO
Director IV
Commission Secretariat and Liaison Office
Copy furnished:
General Manager Galo Antonio V. Violago
San Ildefonso Water District
San lidefonso
Bulacan
Atty. Imelda C. Manalaysay
2" Floor Hiyas Convention Center
Maloios.City, Bulacan
Director lV Karin Litz P. Zerna
Civil Service Commission - Regional O'fice No. It
Provincial Capitol Compound, San Fernando City
2000 Pampanga
Director ll Amelia P. Bondoc
Civil Service Commission — Bulacan Field Office
Malolos
3000 Bulacan,
cslolesdfoy
@ 931-7935/931-7939/931-8092 + fl [email protected] @ wwiv.cgo.gov.ph400 Years of Garvin;
Republic of the Phillippines - lat Sendoe at ts Boat.
Civil Service Commission val
‘Consitution Hills, Batasang Pambansa Complex, Dilan 1126 Quezon City .
YVIOLAGO, Galo Antonio V.
Re: Preventive Suspension
(Appeal)
resoLution no, 100048
Galo Antonio V. Violago, General Manager, San Ildefonso Water District
(SIWD), San Ildefonso, Bulacan, appeals the Board Resolution No. 130-2009, series of
2009, dated July 16, 2009 issued by the SIWD Board of Directors, placing him under
preventive suspension for ninety (90) days for alleged Dishonesty, Grave Misconduct and
Neglect in the Performance of Duties.
‘The assailed Board Resolution No. 130-2009 reads, as follows:
“WHEREAS, in several discreet BOD meetings, the following
matters/complaints against SIWAD GM VIOLAGO were raised and
extensively discussed:
“(a,) His alleged DISHONESTY, allegedly committed, as follows:
“a.1 to date, he has failed to submit an appropriate report arid/or
account money granted to SIWAD by Cong. Lorna Silverio’ on (sic)
February 2004.
xxx
“(b) His alleged’ GRAVE MISCONDUCT, allegedly committed as
follows:
“b.I using abusive, offensive and insulting language in dealing
with SIWAD employees. In particular, the written complaint of MA.
ELAINE ILDEFONSA L. CORATCHIA, Customer Service Assistant D,
dated 12 February 2009, plus the incidents involving EMERLITA P. DE
JESUS, LOURDES JOSON and MA. GENUINA FRANCISCO;
xxx
“() NEGLECT IN THE PERFORMANCE OF DUTIES;..
amounting to gross incompetence, CE
‘0.
Sapervisag Personnel Spetiist :
Commision Seeftariat and Liaison Ofee
‘wi 991-7935/0931-7839/931-8082 + [email protected] + J www.cge.gov.ph1 non-submission of employee performance & evaluation
reports;
axe
“WHEREAS, there is extreme urgency to condugt a thorough
investigation of all related matters and to settle them at the soonest time;
to protect the interest of the SIVAD and the well-being of its employees
and concessionaires; ’
“WHEREBEFORE, BE IT RESOLVED AS IT IS HEREBY
RESOLVED, to inmediately CONDUCT a thorough investigation of all
the complaints against GM. GALO ANTONIO V. VIOLAGO; RESOLVING
FURTHER to place him under PREVENTIVE SUSPENSION pursuant to
CSC RULE Il, SEC. 19 OF UNIFORM RULES ON ADMINISTRATIVE
CASES, effective immediately, for a period of ninety (90) days or shorter
and without prejudice to the outcome of the investigation.""
In assailing his preventive suspension, Violago avers, as follows:
“I. On July 20, 2009, I was prevented by the security guards of San
Ildefonso Water District to enter the premises of the district upon
order of the Board of Directors. The prevention was made
humiliating with the presence of local police and media;
"2. That the basis used in preventing me to report for office on that
day is Board Resolution No. 130-2009 which was approved by the
Board in its special meeting held on July 16, 2009. x x x;
3. That as can be seen from the dispositive portion of the resolution, I
was placed in preventive suspension for the charges stated in the
resolution for a period of 90 days without the benefit of formally
apprising me of the charges and the opportunity to answer the
same since the suspension was made effective immediately;
That being overwhelmed, I was not able to enter my office on that
day and instead, I. immediately caused to be prepared a letter
addressed to the Board of Directors questioning its authority and
the arbitrary manner of suspending me from discharging the duties
and obligations of my office;
Se,
son tbetvislag Personnel Sy
onomstun Sete ou
dun Secretariat and Hatton Ofice~ Hiolago, G., p3 z
x
“5, That despite the letter, the members of the Board of Directors
would not listen to my plea for due process as they stood
steadfastly on their decision against me.”
In an Order dated August 28, 2009, the Office for Legal Affairs, this Commission,
directed the SIWD through its Board of Directors to submit its comment on the appeal,
together with the complete records of the case, within ten (10) days from receipt thereof.
Ina Manifestation dated October 16, 2009, the SIWD, through counsel, stated as follows:
“1, Appellant VIOLAGO was indeed placed under preventive
suspension for 90 days since July 20, 2009. Such move was necessary in
self-preservation. The SIWAD needed to prevent the destruction,
tampering or unnecessary access by Appellant to important documentary
evidences relevant to the charges against him;
“2, Procedural due process was given to Mr. VIOLAGO. This
is stated in detail in the attached RESOLUTION hereto marked as ANNEX.
‘I-A’-(Attached to Board Resolution No. 160-2009, dated October 13,
2009, xxx);
"3. His appeal of his preventive suspension is now rendered
moot and academic by the recent resolution of the Board of Directors to
remove him for cause, ie dishonesty and unauthorized use of SIWAD
funds;
“4. The BOD intends to file the appropriate petition for the
TERMINATION FOR CAUSE OF MR. VIOLAGO. Likewise, the
appropriate criminal cases/complaints shall be filed against him before
the Office of the Ombudsman,”
Records show that on July 30, 2009, the SIWD Board of Directors issued Board
Resolution No. 130-2009 series of 2009, placing General Manager Galo Antonio V.
Violago under preventive suspension for ninety (90) days for alleged Dishonesty, Grave
Misconduct and Neglect in the Performance of Duties, effective immediately.
Ina Memorandum of even date, the SIWD Board of Directors, informed Violago
about his preventive suspension and directed him to submit his written answer on the
alleged numerous complaints against him. Violago was further directed to immediately
tum over possession and control over all access keys to the SIWD office and/or drawers
and was prohibited from removing any document belonging to the STWD.
In a letter dated July 20, 2009 to the SIWD Board of Directors, Violago
questioned his preventive Suspension for being violative of his right to due process
G/
Qe Coy
onli eta Hl,Viotago, G., pt
specifically, that he was not previously notified of the alleged charges. The SIWD did not
reply to the said letter. Thus, Violago was prompted to file an appeal before the
Commission.
‘The issue to be resolved is whether the issuance of the order of preventive
suspension on Violago is valid and in order
At the outset, let it be emphasized that the Commission is confined to resolve only
the issues relating to the procedural aspect of the case, It is still premature to discuss the
merits of the case since the same is still pending formal investigation with the SIWD.
Hence, the finding of guilt of the charges imputed against Violago is still within the
jurisdiction of the SIWD to resolve.
Pertinent to: the issue on preventive suspension is Section 19 of CSC Resolution
No, 99-1936 dated August 31, 1999 (Uniform Rules on Administrative Cases in the
Civil Service or URACCS) which explicitly provides that:
“Section 19. Preventive Suspension. - Upon. petition of the
complainant or motu proprio, the proper disciplining authority may issue
an order of preventive suspension upon service of the Formal Charge, or
immediately thereafter to any subordinate officer or employee under his
authority pending an investigation, if the charge involves:
“a. dishonesty;
“b. oppression;
“c. grave misconduct;
“d — néglect in the performance of duty; or
“e,. if there are reasons to believe that the respondent is guilty of
charges which would warrant his removal from the service.”
(Underscoring supplied)
Appellant Violago avows that no formal charge was issued by the SIWD before
he was placed under preventive suspension for ninety (90) days. A scrutiny of the entire
records of the case indeed shows that the SIWD Board of Directors failed to issue the
requisite formal charge prior to issuing thie assailed’Board Resolution No. 130-2009, in
violation of the aforequoted rule. As even admitted by the SIWD in its Manifestation and
Resolution, after issuing on July 16, 2009 the assailed Board Resolution preventively
suspending Violago, the latter was given a copy of the Memorandum informing him of
the suspension and the succeeding notice to attend a fact-finding hearing on the alleged
charges against him. According to the SIWD, this would already suffice the requirement
of due process, The Commission finds this argument devoid of merit. Worthy to mention
is the case of Jabat, Ramil E., CSC Resolution No. 05-0227 dated February 15, 2005,
where the Commission declared as null and void the Memorandum No. OM-2003-108
C7
caper
arat and
‘Common See
Clot Serves Commit eea7 Violago, G. pS
dated July 22, 2003 of Mayor Vietoria Lao Lim, placing Jabat under preventive
suspension for ninety (90) days, on the ground that the said Memorandum was issued
without a formal charge. Said the Commission:
“x x x preventive suspension can only be validly issued by the
local chief executive against an erring subordinate official or employee
upon or immediately after the service of a formal charge involving the
offenses enumerated therein. A formal charge is a condition precedent to
the impasition of preventive suspension because it informs the respondent
of the specific offense and the components thereof and enables him to
prepare his answer by himself of with assistance of counsel.
“Nothing in the records shows that Jabat has been formally
charged of any offense. Apparently, Mayor Lao Lim issued the assailed
Memorandum after she inquired with Jabat about his involvement in the
allged anomalous transactions in the municipality and after the latter
Jailed to make good his promise to collect the burial and rental fees from
Mandac. This, however, does not warrant the issuance of an order of ‘
Preventive suspension."
Applying the law and the aforequoted ruling to the instant case, it is clear that the
Preventive suspension issued by the SIWD Board of Directors is void ab initio,
Moreover, pursuant to CSC Resolution No. 03-0502 dated May 5, 2003 (Policy
Guidelines on Preventive Suspension), Violago is entitled to reinstatement with
Payment of back salaries from the time of his unlawful suspension up to his actual
teinstatement. Said Resolution states, as follows:
‘a, A declaration by a competent authority that an order of preventive
Suspension is null and void on its face entitled the respondent
official or employee to immediate reinstatement and payment of
back salaries corresponding to the period of the unlawful
pLeventtive suspension
“The phrase “null and void on its face” in relation to a preventive
suspension order imports any of the following circumstances:
xxx
i) The order of preventive stispension was issued without a formal
charge.”" (Underscoring supplied)
Jn fine, the Commission rules that Board Resolution No. 130-2009 is null and
void for lack of the requisite formal charge. Further, pursuant to Item 5 (b) (ii) of CSC
CA,Resolution No. 03-0502 dated May 5, 2003, Violago is entitled to the payment of’back
salaries corresponding to the period of his unlawful preventive suspension.
WHEREFORE, the appeal of Galo Antonio V, Violago is hereby GRANTED.
Accordingly, the Board Resolution No. 130-2009 series of 2009 dated July 16, 2009
issued by the San Ildefonso Water District, Bulacan, placing him under ninety-day
preventive subpension is declared NULL AND VOID. The SIWD Board of Directors is
ordered to immediately reinstate Violago with payment of back salaries from the time he
was preventively suspended up to his actual reinstatement.
Quezon City, 95 Jay zoto
Commissioner
VACANT
Chairman
ee eee
‘CESAR D. BUENAFLOR™
‘Acting Chairman
Attested by:
DOLORYs B. BONIFACIO
Director IV
Commission Secretariat and Liaison Office
AGRUXZA(S7 poses}
09.0405
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