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CIVIL SERVICE
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Psrs ss taumBAyAN

RAMOS, Mary Jean L. Number: 140833

Re: Reassignment 11 3 AUG 2014
(Petition for Review) Promulgated:
x-----------------------------X

DECISION

Mayor Monico O. Puentevella, City Government of Bacolod, files an appeal (treated

as a Petition for Review) from the Decision No. 140002 dated January 15,2AI4, which found
not in order the Memorandum Order No. 052-8-13 dated August 28, 2013 issued by him
reassigning Mary Jean L. Ramos, City Govemment Department Head II (City Planning and
Development Coordinator), under permanent status, City Planning and Development Office
(CPDO), to the Local Economic Enterprise (LEE), and Resolution No. 140057 dated April4,
2014, which granted the payment of Representation and Transportation Allowance (RATA)
to Ramos during the period of her reassignment until the date preceding her dropping from
the rolls or from August 28, 2013 to February 6, 2014, both issued by the Civil Service
Commission Regional Office (CSCRO) No. V[, Iloilo City.

The dispositive portion of Decision No. 1400A2 dated January 15, 2014 reads, as

follows:

"WHEfuEFORE, the appeal filed by Mary Jean L. Ramos, City

Government Department Head II, City Planning and Development Office,
Bacolod City, is GRANTED. Accordingly, Memorandum Order No. 052-8-13
dated August 28, 2013 issued by Mayor Monico O. Puentevella, indefinitely
assigning Ramos to the Local Economic Enterprise while temporarily holding
ffice at the City Administrator's Office, is declared NOT IN ORDER. Mayor
Puentevella is directed to restore Ramos to her original station at the City
Planning and Development Office and allow her to perform the duties and
responsibilities of her position as City Government Department Head IL"
The dispositive portion of Resolution No. 140057 dated April 4, 2014 provides, as
follows:

"WHEREFORE, the motion for reconsideration of Mayor Monico O.

Puentevella, Bacolod City, is DENIED. Accordingly, CSCRO6 Decision No.
140002 promulgated on, January 15, 2014 granting the appeal of Mary Jean
L. Ramos, City Governnxent of Department Head II, City Planning and
Development Office, Bacolod City, is MODIFIED. Accordingly, Ramos is
entitled to the payment of back salaries and benefits along with her
Representation and Transportation Allowance (RATA) from the time of her
Ramos,.../p.2of 9
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invalid reassignment on August 28, 2013 until the day preceding her dropping
from the rolls of Bacolod City Government Employee as City Government
Department Head II, City Planning and Development Office on February 7,
2A14. This is without prejudice to the final outcome of Ramos' appeal from
the order of Mayor Puentevella dropping her from the rolls ffictive February
7,2014."

The issues raised by Mayor Puentevella are, as follows:

,,A. WHETHER OR NOT THE HONORABLE CSCRO NO. VI ERRED IN
DECLARING MEMOMNDUM ORDER NO. 052-8-13 AS NOT IN ORDER,
INVALID AND TANTAMOUNT TO CONSTRUCTIVE DISMISSAL;
,,8. WHETHER OR NOT THE HONORABLE CSCRO NO. VI ERRED IN
RULING THAT THE REASSIGNMENT ORDER IS INVALID ON GROUND
THAT APPELLANT FAILED TO SPECIFY THE PENOD OF
REASSIGNMENT; and

,,C. WHETHER OR NOT THE HONORABLE CSCRO NO. VI ERRED IN

GRANTING HEREIN APPELLEE ENTITLEMENT TO BACK SALANES
AND BENEFITS WITH HER REPRESENTATION AND TRANSPORTATION
ALLOWANCE (MTA);"

The facts are, as follows:

Mary Jean L. Ramos holds the position of City Government Department Head II (City
Planning and Development Coordinator), City Planning and Development Office, Bacolod
City Government under permanent status. Hence, it is clear on the face of Ramos'
appointment paper that she was appointed to a specific station - City Planning and
Development Office.

However, on August 28,2013, Mayor Puentevella issued Memorandum Order No.

052-8-13 reassigning Ramos from the City Planning and Development Office to the Local
Economic Enterprise, as follows:

"You are hereby given special functions to supervise the analysis and
evaluation of the operation of the ffices under the Local Economic
Enterprise, formulate plans and strategies to increase income and reduce
expenditures and recommend appropriate policies and programs for
consideration of the Chief Executive.

"In relation to this, you will be reassigned to one of the ffices under
the Local Economic Enterprises. In the meantime, you will temporarily hold
ffice at the Office of the City Administrator's Office. "
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Ramos,.../p.3 of 9
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dated September 2, 2013, Ramos filed a complaint against Mayor

In a Letter
Puentevella for constructive dismissal and diminution of benefits due to non-payment of her
Representation and Transportation Allowance (RATA) with the CSCRO No. VI.

Treating the complaint as an appeal, the CSCRO No. VI issued an Order dated
September 13, 2013 directing Ramos to comply with the requirements for perfecting an
appeal.

On October 24,2013, Ramos complied with the Order. In her Appeal Memorandum,
Ramos raised the following issues:

" 16.
That the (appellant) humbly submits that she was constructively
from employment by the respondent as she was constrained to quit
dismissed
her work because of the respondent's unreasonable, humiliating, and
demeaning actuations which rendered her continued work impossible.

xxx
"21. That the immediate and massive reassignments of department
heads and civil service fficers of the respondent to other ffices followed a
dubious patternfrom the very day he assumed ffice as City Mayor . . . which
has already involved several career service fficers . . .

"22. . . . what is worst . . . ,s that, she was made to suffer, both

emotionally and financially, for whatever were the previous political
ffiliations of her husband who is a three-term city councilor of the city and
her son Keith Emmanuel who sits as a member of the city council . . .

xxx
"34. That the complainant was illegally dismissedfrom employment
with the issuance of a reassignment order which resulted in the reduction of
her rank, status and salary. Consequently, (appellant) is entitled to the
payment of bacla,uages and other compensation which were deprivedfrom her
as a result of said illegal dismissal. Moreover, complainant is entitled to
REINSTATEMENT to her previous position as Department Head without loss
of seniority rights; "

On November 15, 2013, Mayor Puentevella submitted his comment on the appeal, as
follows:

"3. Among the ffices that needs . . . close supervision and analysis
of strategies to improve performance status are those that are covered by the
Local Economic Enterprise classified as the earning and revenue
generating agencies of the City Government of Bacolod . . .
r \

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Ramos,.../p. 4 of 9
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xxx
"5.
In view of the foregoing, the respondent urges the need of the
ffices under the LEEs to increase their income and reduce their expenses and
capital outlay. Thus, in meeting such objective, there is an exigent need to
appoint a highly competent officer to supervise and make analysis or
evaluation of the operation of said ffices. Thus on August 28, 2013, herein
respondent issued Memorandum Order No.052-8-013 reassigning and giving
the complainant additionalfunction. . .

"6.
The same Memorandum issued by the respondent also directed
that the complainant shall temporarily hold her ffice at the Office of the City
Administrator. The complainant received a copy of said Memorandum on
such even date;

"7. On August 29, 2013, City Administrator, Atty. Rolando V.

Villamor, issued a letter addressed to the complainant clarifuing and
reiterating that the purpose of the latter's reassignment is for the exigent
demand of her service to uplft the status of the Local Economic Enterprise . . .
particularly to increase the income of the LEEs ffices and to reduce the
expenses. The letter stressed that the functions include the
improvement and/or installation of necessary tools to meet the objective of her
reassignment, such as but not limited to proper accounting, proper collection
and proper control;

"8.However, despite receipt of a copy of the Memorandum . . . and

the Letter . . . complainant remained defiant on said order of reassignment . . .
(and) failed to report to her ffice without any notice whether her absence is
authorized or not;

"9.
On November 14, 2013, a letter from Mr. Erman A. Aguirre,
City Human Resource Management Officer, addressed to the City Legal
Officer, certified that based on record, that complainant has an approved
leave for the period of August 29 and 30, 2013 only and that no other
applications for leave was filed . . . for the month of July 2012 up to the
present; "

In Decision No. 140002 dated January 15, 2014, CSCRO No. VI found not in order
the Memorandum Order No. 052-8-13 dated August 28,2013 issued by Mayor Puentevella,
reassigning Ramos to the Local Economic Enterprise while temporarily holding office at the
City Administrator's Office.
\\
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Ramos,.../p. 5 of 9
x--------------------x

Memorandum No. 010-02-14 dated February 7, 2014, Mayor

Meanwhile, in
Puentevella dropped Ramos from the roll of employees for being Absent Without Official
Leave (AWOL) for more than thirty (30) working days, as follows:

per recordfrom the Human Resource Management Services Office

"As
(HRMSO), you had been reported absent without leqve, or any applicationfor
that purpose, since the month of September of 2013 up to the present. Inview
of such absences without leave, the undersigned hereby notifies that you had
been separated from service and had been dropped from the rolls of
employees of the Local Government of Bacolod City . . . "

On February 12,2074, Mayor Puentevella moved for the reconsideration of Decision

No. 140002 issued by the CSCRO No. VI.

In Resolution No. 140057 dated April 4,2014, the CSCRO No. VI denied the motion
for reconsideration filed by Mayor Puentevella but modified CSC Decision No. 140002 by
declaring that Ramos is entitled to the payment of back salaries and benefits, including
Representation and Transportation Allowance (RATA).

On May 12, 2014, Mayor Puentevella appealed, presently treated as petition for
review, the Decision and Resolution issued by the CSCRO No. VI to the Commission.

In an Order dated May 27,2014,the Commission directed the CSCRO No. VI to

submit the records of the case.

On June 26,2014, the CSCRO No. VI complied with the Order.

The issues to be resolved are, as follows:

I. Whether the Decision No. 140002 dated January 15, 2014 issued by the
CSCRO No. VI, which found not in order the reassignment of Ramos to the
Local Economic Enterprise, is proper;

il. Whether the Decision No. 140002 dated January 15, 20i4 issued by the
CSCRO No. VI, which found not in order Memorandum Order No. 052-8-13
dated August 28, 2013 for failure to specifu the period of reassignmento is
proper; and

ru. Whether the Resolution No. 140057 dated April 4,2014 issued by the CSCRO
No. VI, which granted the payment of back salaries and other benefits,
including Representation and Transportation Allowance (RATA) to Ramos,
from the time of her reassignment on August 28,2013 until the day preceding
her dropping from the rolls on February 6,2014, is proper. I
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Ramos,.../p.6of 9
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On the first issue, Section 6 (item 3) of CSC Memorandum Circular No. 020 s.
2005 (Revised Rules on Reassignment) provides, as follows:

"Sec, 6. Other Personnel Movements. The following personnel

movements which will not require issuance of an appointment shall
nevertheless require an ffice order by duly authorized fficial.
"Reassignment - movement of an employee across the organizational
structure within the same department or agency, which does not involve a
reduction ofrank, status, or salary.

"Reassignment shall be governed by the following rules:

xxx
"3. Reassignment of employees with station-specific place of work
indicated in their respective appointments shall be allowed only for a
maximum period of one (l) year. An appointment is considered
station-specffic when the particular ffice or station where the position
is located is specifically indicated on the face of the appointment
paper. Station-specific appointment does not refer to a specified
plantilla item number since it is used for purposes of identifuing the
particular position to be filled or occupied by the employee.

xxx
"7. Reassignment is presumed to be regular and made in the
interest of public service unless proven otherwise or if it constitutes
constructive dismissal. Constructive dismissal exists when an fficial
or employee quits his or her work because of the agency head's
unreasonable, humiliating, or demeaning actuations, which render
continued work impossible because of geographic location, financial
dislocation and performance of other duties and responsibilities
inconsistent with those attached to the position. Hence, the employee
is deemed illegally dismissed. This may occur although there is no
diminution or reduction in rank, status or salary of the employee.

"Reassignment that cot*titutes constructive dismissal may be any of

the following:

xxx
"e) Reassignment that is done indiscriminately or whimsically
because the law is not intended as a convenient shield for the
appointing/disciplining authority to harass or oppress a subordinate
on the pretext of advancing and promoting public interest. "
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Ramos,.../p.7 of 9
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In this case, the reassignment of Ramos to the Local Economic Enterprise resulted in
the reduction of her rank and status. As a City Government Department Head II (City
Planning and Development Coordinator (SG 26), Ramos was directly supervising 20
employees in the City Planning and Development Office. Upon her reassignment to the
Local Economic Enterprise, Ramos would have nobody to directly supervise and, instead,
would have to report to the City Administrator.

Moreover, it was not necessary for Mayor Puentevella to issue Memorandum Order
No. 052-8-13, which required Ramos to supervise the analysis and evaluation of the
operation of the offices under the Local Economic Enterprise, formulate plans and strategies
to increase income and reduce expenditures and recommend appropriate policies and
programs for consideration of the Chief Executive.

It is emphasized that the above mentioned functions are already included in the duties
and responsibilities of the'City Planning and Development Coordinator position held by
Ramos.

Section 476 (b), (4), and (6), and (b) Article VI, Title V, Book III of Republic Act
No. 7160 (The Local Government Code of 1991) provides, as follows:

" O) The planning and development coordinator shall take charge of

the planning and development ffice and shall:

xxx
" (4) Monitor and evaluate the implementation of the
dffirent in the local
development programs, projects and activities
government unit concerned in accordance with the approved
development plan;

xxx
"(6) Analyze the income and expenditure patterns, and
formulate and recommend fiscal plans and policies for consideration
of the finance committee of the local government unit concerned as
provided under Title Five, Book II of this Code;"

xxx
"(b) Exercise such other powers and perform such other functions
and duties as moy be prescribed by latu or ordinance. "

Verily, the reassignment of Ramos constitutes constructive dismissal since it was

done indiscriminately or whimsically because the law is not intended as a convenient shield
for Mayor Puentevella, the appointing authority, to harass or oppress a subordinate, like
Ramos, on the pretext of advancing and promoting public interest.
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Ramos,.../p. I of 9
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On the second issue, the reassignment memorandum failed to comply with the one
(1)-year limit provided in the CSC Memorandum Circular mentioned above. Reassignment
of employees with station-specific place of work indicated in their respective appointments
shall be allowed only for amaximum period of one (l) year, if the same was done without
their consent. As mentioned earlier, Ramos was appointed to a specific station - the City
Planning and Development Office. If at all, her reassignment can only be effective for one
(1) year and not for indefinite period as what appears in the reassignment memorandum. But
being without specific duration, the same is deemed in contravention of the rules on
reassignment.

On the third issue, Ramos is entitled to the payment of Representation and

Transportation and Allowance (RATA) during the period of her reassignment starting on
August 28,2013 until February 6,2074, the day preceding her dropping from the rolls.

In the case of Department of Budget and Management vs. Olivia D. Leones, G. R.

No. 169726 promulgated on March 180 2010, the Supreme Court held, as follows:

". . we highlight the element of inequity undergirding the DBM's

case. By insisting that, as requisite for her receipt of RATA, respondent must
discharge her ffice as Bacnotan's treasurer while on reassignment at the La
Union treasurer's ffice, the DBM ffictively punishes respondent for
acceding to her reassignment. Surely, the layt could not have intended to
place local government fficials like respondent in the dfficult position of
having to choose between disobeying a reassignment order or keeping an
allowance. As we observed in a parallel case:

'[O]n petitioner's contention that MTA should be

allowed only if private respondent is performing the duties of
her former ffice, the CSC correctly explained that private
respondent was 'reassigned to another ffice and, thus, her
inability to perform the functions of her position as Division
Chief is beyond her control and not of her own volition. "'

In the present case, the payment of RATA to Ramos should be allowed since her
reassignment to the Local Economic Enterprise, which caused her inability to perform her
duties and responsibilities attached to her City Government Department Head II (City
Planning and Development Coordinator) position, was beyond her control and not of her own
volition.

In
sum, the Commission rules that the Decision, which found not in order the
reassignment of Ramos to the Local Economic Enterprise, and the Resolution, which granted
the payment of Representation and Transportation and Allowance (RATA),from August 28,
2013 to February 6,2074, both issued by the CSCRO No. VI, are proper. 1 |
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Famos,.../p.9 of 9
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WHEREFORE, the petition for review filed by Mayor Monico O. Puentevella, City
Government of Bacolod, is hereby DISMISSED. Accordingly, the Decision No. 140002
dated January 15, 2014, which found not in order the Memorandum Order No. 052-8-13
dated August 28,2013 issued by Mayor Puentevella, reassigning Mary Jean L. Ramos, City
Government Department Head II (City Planning and Development Coordinator), City
Planning and Development Office (CPDO), to the Local Economic Enterprise (LEE), and
Resolution No. 140057 dated April 4,2014, which granted the payment of Representation
and Transportation Allowance (RATA) to Ramos during the period of her reassignment until
the date preceding her dropping from the rolls or from August 28,2013 to February 6,2014,
both issued by the Civil Service Commission Regional Office (CSCRO) No. VI, Iloilo City,
are AFFIRMED.

Quezon City.

ROBERT S. M TINEZ
Commiss ner

T. DUQUE

M
NIEVES L. OSORIO
Commissioner

Attested by:

{l^^;., ,(. L'urq

OLORES B. BONIFACIO
Director IV
Commission Secretariat and Liaison Office

OLA3/Y1 (VJV) mcc/cslo.bernie

1

M MOS-Dec (Reass ignment; Constructive Dismissal)/NDC-201 4-03114

20140627 -013