Saturday, September 8, 2018

Dismissed MPSPC employees in protests ordered reinstated


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.


No comments:

Post a Comment