CA affirms CSC ruling reinstating Solinap as General Services Officer
BACOLOD CITY -- The Court of Appeals (CA) Special Twentieth Division ordered Bacolod City Mayor Evelio Leonardia to restore Jerome M. Solinap to his former position as City General Services Officer and to pay all salaries, allowances and benefits pertaining to him including all those previously withheld.
Solinap received the CA decision yesterday affirming the decision rendered by the Civil Service Commission favoring the respondent. Records show that Solinap holds the "City General Services Officer" position at the "City General Service Office" under permanent status. Solinap was reassigned outside of the CGSO without his consent only for a maximum period of one year.
He stated that the Chief Executive reassigned him to the Office of the City Mayor without the latter's consent on July 28, 2004. He again was reassigned on March 31, 2005 at the City Administrator's Office. However, on August 2, 2005 or after a year from his reassignment outside of the CGSO, Solinap requested his restoration to the CGSO as City General Services Officer. Records further stated that considering that Solinap's reassignment outside of the CGSO (without consent) were more than year already, his continued reassignment to the CAO was, therefore, violative of CSC Memorandum Circular No. 2, s. 2005. Thus, he should now be restored to his former assignment at the CGSO, CA ruled.
CA's 20th Division chaired by Priscilla Baltazar-Padilla agreed to the well studied submission of the Office of the Solicitor General, through Assistant Solicitor General Raul J. Mandin and State Solicitor General Jose S. Jiminez that "(i)t is also worthy to note that, in the first place, respondent Solinap transfer to the OCM from the CGSO could hardly be considered a valid reassignment. Since he was practically stripped of his supervisory functions over the personnel of the City General Service Office of Bacolod City. Such transfer necessarily involved a reduction in status as head of the GSO. Undoubtedly, such transfer also constituted constructive dismissal because he was transferred from a position of dignity to a more service and menial job, not to mention the fact that payment of his RATA was withheld starting November 2005, as found by the CSC-Region VI inits assailed Decision.
Solinap henceforth awaits for his immediate restoration to his former position after this decision came out.