Title
Plaza II vs. Cassion
Case
G.R. No. 136809
Decision Date
Jul 27, 2004
Devolution of DSWD functions to Butuan City led to CSSDO reorganization; employees refusing transfer were dropped from rolls for insubordination, upheld by SC.
executive order
devolution of functions
national government
A

Case Digest (G.R. No. 44407)

Facts:

  • Background and Legal Framework
    • Republic Act No. 7160 – The Local Government Code of 1991 was enacted to decentralize functions from the national government to local government units (LGUs) to promote self-reliance and effective service delivery.
    • Devolution of Social Services
      • Prior to RA 7160, the Department of Social Welfare and Development (DSWD) was responsible for delivering basic social services.
      • The Local Government Code transferred some functions of the DSWD to LGUs, thereby necessitating adaptations in administrative arrangements.
    • Local Government Action
      • The City of Butuan, through its Sangguniang Panglungsod, passed Resolution 427-92 authorizing Mayor Democrito D. Plaza II to sign a Memorandum of Agreement (MOA) with the DSWD for devolution.
      • The MOA transferred services, personnel, assets, liabilities, and technical support systems from the DSWD to the City of Butuan.
  • Reorganization and Appointment Issues
    • Creation of a New Office
      • Following the transfer, the Mayor issued Executive Order (EO) No. 06-92, dated October 5, 1992, reconstituting the City Social Services Development Office (CSSDO).
      • By virtue of this EO, 19 national DSWD employees were devolved to the local government unit, with petitioner Virginia V. Tuazon designated as Officer-in-Charge (OIC) of the reconstituted CSSDO.
      • The office was physically moved from its original location to the DSWD building to align with the devolution process.
    • Objections by Respondents
      • The original CSSDO employees, headed by respondent Carolina M. Cassion, disputed the validity of EO No. 06-92 and the designation of Tuazon as their new head.
      • They refused to appear at the new office location, insisting on reporting at their former workplace.
  • Administrative Actions and Consequences
    • Disciplinary Measures
      • Despite repeated orders by Mayor Plaza, the respondents did not report for work at the designated DSWD building.
      • On January 18, 1993, following internal administrative investigations and the submission of their explanations, the respondents were charged with grave misconduct and insubordination, subsequently receiving a preventive suspension of 60 days.
    • Filing of Complaints and Appeals
      • The respondents filed a complaint with the Civil Service Regional Office No. 10 alleging violations of the Civil Service Law by the Mayor.
      • The complaint was dismissed for lack of merit.
    • Dropping from the Rolls
      • Even though the respondents indicated willingness to return to work after their suspension, they insisted on reporting to their old office rather than the newly designated location.
      • On February 9, 1994, Mayor Plaza sought guidance from the Civil Service Commission (CSC) regarding further action against their continued refusal.
      • The CSC, referring to Memorandum Circular No. 38, Series of 1993, advised that employees absent for at least 30 days without approved leave could be dropped from the rolls without prior notice.
      • Subsequently, on February 16, 1994, Mayor Plaza issued an order to drop the respondents from the rolls.
      • The respondents appealed to the CSC, but the ensuing resolutions (Nos. 94-4626 and 94-6243) dismissed their appeal.
  • Judicial Proceedings Prior to the Supreme Court
    • Petition for Review
      • The respondents (private parties) then filed a petition for review with the Court of Appeals challenging the dropping order and related administrative actions.
      • On February 14, 1996, the Court of Appeals set aside the CSC resolutions and EO No. 06-92, reinstating the respondents with full back wages, seniority rights, and benefits from January 1993 until their actual reinstatement.
      • Petitioners (the city officials) filed a motion for reconsideration, which was denied.
  • Contentions Raised
    • Petitioners contended that the respondents’ absence justified their dropping, emphasizing that the actions were taken in accordance with CSC Memorandum Circular No. 38, Series of 1993, which permits dropping employees for 30 days’ absence without leave.
    • Respondents argued that:
      • EO No. 06-92, which led to their reassignment, was illegal since it did not secure prior approval by the Sangguniang Panglungsod as required by Article 164, Rule XXII of the Rules and Regulations Implementing the Local Government Code.
      • Their due process rights were violated as they were not provided notice or opportunity to be heard before being dropped from the rolls.
      • Their security of tenure was affected by being transferred to a new office without their consent.

Issues:

  • Authority and Validity of Reorganization
    • Was Mayor Plaza legally empowered to issue EO No. 06-92 to reorganize the CSSDO and to designate Virginia V. Tuazon as the Officer-in-Charge pursuant to the devolution of functions mandated by RA 7160?
    • Does the issuance of EO No. 06-92 comply with the requirements of the Local Government Code, particularly those relating to delegation and reappointment of devolved personnel?
  • Due Process in Dropping from the Rolls
    • Was the procedure followed in dropping the respondents from the rolls, without prior notice or hearing, in consonance with the Civil Service Commission’s guidelines and due process requirements under the law?
    • Can an administrative act such as dropping from the rolls be effectuated without affording the employee a formal hearing, given its non-disciplinary character?
  • Nature of the Respondents’ Refusal to Report
    • Does the respondents’ outright refusal to comply with the new reporting arrangement, despite prior indications of willingness to return to work, justify their dismissal under the provisions of CSC Memorandum Circular No. 38?
    • Were the respondents’ objections to the relocation and reorganization itself enough to preclude their obligation to accept the lawful directive?
  • Implications on Security of Tenure and Transfer
    • Does the change in the physical location of the office from the original CSSDO to the DSWD building amount to a transfer affecting the security of tenure of the respondents?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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