Usec. Luz transfer a ‘mockery’ of civil service, says CSC officer
By Jonathan M. Hicap, Reporter And Candice Cerezo, Manila Times Researcher
CHAIRMAN Karina Constantino-David of the Civil Service Commission said that Malacañang’s transfer of Education Undersecretary Juan Miguel Luz is undermining the security of tenure of career officers and “making a mockery” of efforts to uplift government service.
“The message that is being sent is that career officials better tow the line set by the political leadership, no matter what, lest you be another Luz,” David said in her dissenting opinion concerning the decision issued by the commission on the appeal filed by Luz regarding Malacañang’s order transferring him from the Department of Education to the labor department.
Luz lost in the case after Commissioners J. Waldemar Valmores and Cesar Buenaflor voted to dismiss his appeal, saying the commission had no jurisdiction over the case.
David was the lone dissenter in the three-man panel, which decided the case.
She contended that the commission had jurisdiction over the case being the central personnel agency of the government tasked to handle cases involving personnel actions such as transfer, reassignment, demotion and separation.
She believed that Malacañang’s order was prompted by political motive following Luz’s refusal to accept three checks worth P15 million from the President’s Social Fund for the supposed scholarship program of Rep. Antonio Diaz of Zambales.
“If a career official can be taken out of the department [either by termination or by other means such as reassignment], for no apparent reason, then the ‘insecurity’ of the rest of the career bureaucracy, is a reality,” David said.
She said Luz’s reassignment to the DOLE “was tainted with bad faith and was not done in the interest of public service.”
He position was backed by the CSC Office for Legal Affairs, which recommended the grant of Luz’ appeal.
Luz sought the CSC’s help after Executive Secretary Eduardo Ermita issued a memo on October 4, 2005, telling him that he was being reassigned to DOLE.
David said while Luz can be transferred to another department, he being a career executive officer, there is no vacancy for an undersecretary in the labor department, a requirement under a resolution by the Career Executive Service Board.
She found out that all three undersecretary positions at the DOLE are occupied and Luz would probably be placed at a lower position with diminution in his rank and salary.
“Or worse, he might even end up on ‘floating’ status, which is a violation of [CESB rules],” David said.
The commissioner said President Arroyo’s power of discretion to reassign an official is not absolute since “there are conditions that must be met.”
She said Malacañang tried to transfer Luz after it failed to terminate his service since Luz is a career executive officer.
“Obviously, the reassignment option was reached because the first option, that of removal, did not work,” she said.
The other thing that convinced David that Luz’s transfer was done in bad faith was that the Office of the President failed to submit to the commission the November 12, 2002, appointment of Luz, a crucial evidence in the case.
“The inescapable conclusion is that the Office of the President wants to suppress this piece of evidence,” she said.
The November 12 appointment assured Luz of his security of tenure as education undersecretary, David said.
She said the transfer “was not done in the interest of public service” as Malacañang claimed, since Luz’s position as undersecretary for administration and finance “is particularly crucial.”
“Definitely, his reassignment would unduly derail the smooth operations of the department, which will ultimately prejudice the service,” she said.
David said Luz would be more needed at DepEd, a department with close to 500,000 employees, than at the labor department, with only a little over 7,000 employees.
CHAIRMAN Karina Constantino-David of the Civil Service Commission said that Malacañang’s transfer of Education Undersecretary Juan Miguel Luz is undermining the security of tenure of career officers and “making a mockery” of efforts to uplift government service.
“The message that is being sent is that career officials better tow the line set by the political leadership, no matter what, lest you be another Luz,” David said in her dissenting opinion concerning the decision issued by the commission on the appeal filed by Luz regarding Malacañang’s order transferring him from the Department of Education to the labor department.
Luz lost in the case after Commissioners J. Waldemar Valmores and Cesar Buenaflor voted to dismiss his appeal, saying the commission had no jurisdiction over the case.
David was the lone dissenter in the three-man panel, which decided the case.
She contended that the commission had jurisdiction over the case being the central personnel agency of the government tasked to handle cases involving personnel actions such as transfer, reassignment, demotion and separation.
She believed that Malacañang’s order was prompted by political motive following Luz’s refusal to accept three checks worth P15 million from the President’s Social Fund for the supposed scholarship program of Rep. Antonio Diaz of Zambales.
“If a career official can be taken out of the department [either by termination or by other means such as reassignment], for no apparent reason, then the ‘insecurity’ of the rest of the career bureaucracy, is a reality,” David said.
She said Luz’s reassignment to the DOLE “was tainted with bad faith and was not done in the interest of public service.”
He position was backed by the CSC Office for Legal Affairs, which recommended the grant of Luz’ appeal.
Luz sought the CSC’s help after Executive Secretary Eduardo Ermita issued a memo on October 4, 2005, telling him that he was being reassigned to DOLE.
David said while Luz can be transferred to another department, he being a career executive officer, there is no vacancy for an undersecretary in the labor department, a requirement under a resolution by the Career Executive Service Board.
She found out that all three undersecretary positions at the DOLE are occupied and Luz would probably be placed at a lower position with diminution in his rank and salary.
“Or worse, he might even end up on ‘floating’ status, which is a violation of [CESB rules],” David said.
The commissioner said President Arroyo’s power of discretion to reassign an official is not absolute since “there are conditions that must be met.”
She said Malacañang tried to transfer Luz after it failed to terminate his service since Luz is a career executive officer.
“Obviously, the reassignment option was reached because the first option, that of removal, did not work,” she said.
The other thing that convinced David that Luz’s transfer was done in bad faith was that the Office of the President failed to submit to the commission the November 12, 2002, appointment of Luz, a crucial evidence in the case.
“The inescapable conclusion is that the Office of the President wants to suppress this piece of evidence,” she said.
The November 12 appointment assured Luz of his security of tenure as education undersecretary, David said.
She said the transfer “was not done in the interest of public service” as Malacañang claimed, since Luz’s position as undersecretary for administration and finance “is particularly crucial.”
“Definitely, his reassignment would unduly derail the smooth operations of the department, which will ultimately prejudice the service,” she said.
David said Luz would be more needed at DepEd, a department with close to 500,000 employees, than at the labor department, with only a little over 7,000 employees.
posted by OlongapoCity Zambales at
10:34 AM
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