The Civil Service Regional Office VI has directed Bacolod Mayor Monico Puentevella to restore Gilda Lluisma to her original station as Human Resource Management Officer IV, and allow her to perform the duties and responsibilities of the office.

This was after it declared as invalid Memorandum Order No. 029-7-13, issued by the Mayor, reassigning her from the Human Resource Management Service to the City Agricultural Office.

Lluisma filed a complaint against Puentevella for abuse of authority, constructive dismissal and acts prejudicial to the best interest of the public, before the CSC and appealed his memorandum dated July 26, 2013.

She said the purpose of the reassignment was to harass her and make her life and work in the government service uncomfortable, unbearable and shameful.

Lluisma said her reassignment to the Office of the Agriculturist was pure and simple “smoke screen” to the real intention of the Mayor, which was to kick her out from public service.

She said the CAO has a plantilla of four personnel, who are technical people and experts in their respective fields, and that she is in a quandary about how she would supervise the implementation of programs and projects of the CAO which are highly technical and needs expertise.

Lluisma also said that as HRMO IV, she holds a salary grade 22 position and her general function is to prepare and review standards and procedures on personnel action. She was appointed HRMO IV on July 1, 2009.

Puentevella maintained that her reassignment is valid and legal and in the memorandum, stated that it will “remain effective until otherwise revoked.”

In his March 7 decision, however, CSC regional director Rodolfo Encajonado said a plain reading of the memorandum of Puentevella readily reveals its infinity. It failed to abide by the requirement that reassignment should not involve reduction in rank and should not be tantamount to constructive dismissal of the employee.

Encajonado said that first, the memorandum directed Lluisma to perform a function which is totally farfetched and removed from the functions of her position as HRMO IV.

He also said the memorandum of Puentevella violated the prohibition in Memorandum Circular 2 series of 2005 on reassignment of employees to an office not existing in the organizational structure.

Encajonado said Lluisma's reassignment to the CAO on the flimsy ground that she will “take care of the concerns and records” of the employees of the office, totally stripped her of her supervisory functions. It is parallel to reduction in rank which violates the employee's right to security of tenure, he said.

“It must be emphasized that a reassignment which involves reduction in rank is a violation of an employee's security of tenure. Hence, it is invalid,” and is expressly prohibited by Executive Order No. 292, or the Administrative Code of 1987, he said.

Encajonado said the appointment of Lluisma specifically and distinctively stated that her work station is the HRMO. Under MC No. 2, series of 2005, employees with station-specific appointments should not be reassigned for a period of more than one year.

“Considering the fact that Lluisma's reassignment came barely a month after Puentevella's assumption as mayor of Bacolod City, it is worthy to emphasize MC NO. 11, series of 2010, promulgated by the CSC on June 15, 2010 (Advisory for Incoming Elective and Appointive Officials on the Exercise of Personnel Actions),” he said.

Encajonado said his Office finds Memorandum Order No, 029-7-13 issued by Puentevella invalid, having been issued in violation of existing CSC laws, rules and regulations.

The CSC also advises incoming elective and appointive officials to respect the constitutional right to security of tenure of career service officials and employees with valid appointments.

The Commission also reminds all incoming elective and appointive officials to observe prevailing CSC laws, rules and regulations.*CGS

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