The Court of Appeals 20 th Division has declared a decision of the Civil Service Commission null and void, and has ordered the reinstatement of Leonilo Hulleza as Cadiz City Engineer without loss of seniority and promotional rights.

The decision, based on a petition filed by Hulleza versus Patrick Escalante in his capacity as Cadiz City mayor, and contractor Vicente Tad-y, was promulgated May 29 and was received by the complainant June 30, a copy furnished the DAILY STAR yesterday showed.

The CA decision also ordered the payment of Hulleza's back salaries, allowance, bonuses and other benefits and emoluments which may have accrued to him during his entire period of preventive suspension and or dismissal from service.

The CA was acting on a petition for review of the Nov. 26, 2012 decision of the CSC which dismissed Hulleza's appeal, and affirmed an Oct. 29, 2009 resolution of the Cadiz City Legal Officer, approved by then Mayor Salvador Escalante Jr., dismissing Hulleza from the service after having been found guilty of “dishonesty, gross misconduct, and conduct prejudicial to the interest of the service”.

Also sought for review was a CSC resolution dated June 11, 2013 denying Hulleza's motion for reconsideration to its Nov. 26, 2012 decision.

The CA said the case has its roots in the complaint affidavit filed by Tad-y against Hulleza for dishonesty, gross misconduct, and conduct prejudicial to the interest of the service.

Tad-y alleged that in consideration of grease money Hulleza hastened and expedited the release of payments for projects using his position as city engineer, the CA said.

Hulleza denied having demanded and received money from Tad-y in exchange for approval of the accomplishment billings.

The CA in its decision said it finds that the totality of the evidence of the complainant failed to support the findings of Hulleza's guilt.

“The basic rule is that mere allegation is not evidence and is not equivalent to proof. In administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations of his complaint. Thus charges based on mere suspicion and speculation likewise cannot be given credence,” it added.

The findings of the Office of the City Legal Officer of Cadiz and the CSC were solely predicated on the lone testimony of Tad-y, no other evidence was produced to support his claim, the CA said.

Contrary to what the Office of the City Legal Officer and the CSC did, the CA said it cannot and is not expected to rely solely on Tad-y's lone and uncorroborated testimony which is heavily laden with general statements and conclusions of law, wanting in evidentiary support and substantiation.

Mayor Patrick Escalante, when asked for his reaction, said the city government has filed a motion for reconsideration.*CPG

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