CSC Reso. No. 10-0048

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ae B® ifn, o & x AS Republic of tho Philippines eae eet SS} Civil Service Commission iol NS SAAF —consituion ris, suasang Pambansa Complex, Otiman 1126 Quezon Cy Al VIOLAGO, Galo Antonio V. Re: Preventive Suspension (Appeal) i 2 < 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.ph 400 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.ph 1 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 ee a7 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 Violugoetoutontns)

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