The Court of Appeals Ninth Division has ordered the reinstatement of Leonilo Hulleza as city engineer of Cadiz City in Negros Occidental with payment of his monthly RATA (representation and transportation allowance) for five years from the time he was placed on floating status by the city mayor on July 2, 2007.

The CA, in a decision promulgated January 31, was acting on a petition for review filed by Hulleza of a decision of the Office of the President on a case he filed against then Cadiz Mayor Salvador Escalante, who is now a board member of Negros Occidental.

The Office of the President on Nov. 5, 2009 dismissed Hulleza’s complaint against Escalante for abuse of authority, dishonesty and neglect of duty for unlawfully stripping him of his function as city engineer because of his strict adherence to the guidelines and requirements for the release of payment of infrastructure and public work projects, and for placing him on floating status.

The Office of the President also denied Hulleza’s motion for reconsideration on March 24, 2010, prompting him to raise the matter before the CA.

With regard to the charge of dishonesty and dereliction of duty, the CA decision said it concurs with the findings of the Office of the President that Hulleza failed to establish such charges against Escalante.

But the CA found Escalante guilty of abuse of authority in the performance of his function by issuing the floating status memorandum that amounted to the constructive dismissal of Hulleza.

However, the imposition of the appropriate penalty against Escalante is rendered moot and academic by the fact that he is no longer mayor of Cadiz City, the CA ruled .

The CA granted the petition of Hulleza and set aside the decision of the Office of the President.

The CA decision was penned by Association Justice Edwin Sorongon and concurred in by Associate Justices Noel Tijam and Romeo Barza.*CPG

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