Wednesday, March 18, 2015

CSC charges Gov. Tallado with indirect contempt

Photo via Gov. Edgar Tallado's Facebook Account

DAET, CNorte—Camarines Norte governor Edgardo Tallado is facing indirect contempt charges after he refused to implement the Civil Service Commission (CSC)’s order to reinstate Dr. Edgardo S. Gonzales in his position as provincial veterinarian. 

Per Resolution No. 1500203, promulgated 16 Feb. 2015, the CSC said that: “after the conduct of preliminary investigation, the Commission finds that a prima facie case for Indirect Contempt of the Commission exists against Tallado.”

It was signed by Commissioners Robert S. Martinez and Nieves S. Osorio. 

The Resolution reads: “Tallado’s insistence on the validity of Gonzales’ dropping from the rolls despite the categorical pronouncement of the CSC consists of deliberate defiance of the directive of the commission.”’

CSC decision
It will be recalled that the CSC rendered its decision, docketed No. 13-08 41, setting aside Tallado’s Memorandum removing Gonzales from the orders and ordered the provincial chief executive to the restoration of Gonzales to his former post with payment of back salary and benefits.

The governor subsequently filed a motion for reconsideration, which was denied by the CSC.  

All these notwithstanding, Gonzales was not reinstated to his position.

This prompted the ousted veterinarian to file a motion for execution, which the constitutional body treated as a motion to cite the governor for indirect contempt. 

Lamented the doctor: “I will be 65 on December 11, 2015 and due for mandatory retirement. The non-compliance to the decision/resolution is very taxing to my family financially and morally it is likewise causing me difficulties to retire (optional or mandatory) unlike other retiring provincial government employees this coming CY 2015. My GSIS retirement is affected too due to the LGU’s reluctance to act on my request to include my terminal benefits under the 2015 provincial request.”
The court likewise emphasized that whether or not an appeal has been filed, the “CSC decision remains executory absent an injunctive writ or a TRO.”

Tallado was given a period of five days to filed his verified answer to the indirect contempt charge.   

Admin case on appeal

Meanwhile, Provincial Legal Officer Atty. Adan Marcelo Botor refuted the charge.

“The governor should not be penalized for not following the CSC’s order to reinstate because there is already a pending appeal lodged before the Court of Appeals,” Botor told BICOLSTANDARD.COM. 

Botor also reiterated that the decision of the CSC is flawed because it is based on a faulty premise, that is, that the Petitioner is a public health worker.

“He is a veterinarian and is thus not circumscribed in the term “public health worker. His removal from the rolls is therefore proper,” he said.—BICOLSTANDARD.COM

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