By Erlindo Agwilang
BONTOC, Mountain Province – Three dismissed employees of the Mountain
Province Polytechnic College were ordered reinstated by the school’s board of
trustees recently.
The three were earlier ordered dismissed by the Civil
Service Commission after they allegedly led protests against a former MPSPC
president which nearly turned violent some years ago.
MPSPC president Rexton Chakas invited the employees and
announced their immediate reinstatement pursuant to BOT Resolution No. 44
during the school’s flag ceremony here Monday.
Earlier, lawyer Willibroth Managtag, the Senate’s
representative to the MPSPC BOT moved for immediate reinstatement of three
dismissed employees during the BOT’s 2nd quarter regular meeting Aug. 17, 2018
at the Commission on Higher Education central office in Quezon City
Reinstated from the service were: Dan Evert Sokoken,
Daniela Chumacog and Dr. Beverly Ann Chaokas who were dismissed from service by
the Civil Service Commission but were reprimanded only with a penalty of six
months suspension after the Court of Appeals exonerated said employees of the
offenses of grave misconduct and insubordination.
In its decision dated May 22, 2017, the CA found the
respondents guilty only of the offense of conduct prejudicial to the best
interest of the service.
On Feb. 28, 2018, the Supreme Court Second Division
affirmed the May 22, 2017 ruling of the CA, and that the same became final and
executory on April 19, 2018.
Managtag, who represents Sen. Francis “Chiz” Escudero of
the Senate committee on education, first raised the issue during the board’s
special meeting last July 4.
Since the issue cannot be tackled in a special meeting,
the BOT agreed that it be calendared as part of the agenda in the next regular
meeting.
During the meeting, MPSPC president Rexton F. Chakas
sought the judgment of the members and implored the BOT to resolve the matter
as he did not have the basis to reinstate the employees.
Chakas invited lawyer Jose Co, legal consultant of the
college to present the chronology of events and facts of the case.
Co insisted the dismissed employees already found guilty
by the CSC cannot be reinstated.
He added the dispositive portion of the CA and SC ruling
does not categorically mention reinstatement.
Managtag however said the basis for reinstatement is
found in the SC decision which affirmed the CA decision punishing the
respondents with a lesser offense of six months suspension without salary only.
He also cited Section 58, Rule 10 on Administrative Cases
in the Civil Service providing immediate reinstatement without loss of
seniority rights with payment of back salaries and all other benefits for
employees dismissed but were exonerated.
As a result, the board unanimously approved the motion of
Managtag in favor of Sokoken, Chumacog and Chaokas through BOT Resolution No.
44, s. 2018 ordering the MPSPC president to reinstate the three individuals as
regular employees of the institution.
On the issue of payment of previous salaries and
benefits, the college president was tasked to inquire from the CSC if such
reimbursements are covered.
Members present at the board meeting were: Ched
Commissioner and chair-sesignate Lilian de Las Llagas, Chakas, Managtag, House
committee on higher education designate lawyer Cyprine Y. Dalog, DOST-CAR
regional director Nancy Bantog, DA-CAR regional executive director Cameron
Odsey, Ched-CAR OIC regional director Geraldine Casipit, private sector
representatives Gemma Ngelangel and Benedict Odsey II and faculty trustee Emily
Ann Marrero.
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