Title
Pastor vs. City of Pasig
Case
G.R. No. 146873
Decision Date
May 9, 2002
Petitioner's prolonged reassignment, lasting nearly ten years, was ruled as constructive removal, violating her security of tenure and procedural rules. Supreme Court ordered her reinstatement.

Case Summary (G.R. No. L-23893)

Background and Reassignment

Remedios Pastor was appointed as the Budget Officer of Pasig on May 1, 1986, and her appointment was confirmed on July 17, 1987. In July 1992, she was reassigned to the Office of the Municipal Administrator by the newly elected Mayor Vicente Eusebio due to adverse reports regarding her issuance of Advice of Allotments without sufficient cash collections. This memorandum directed her to temporarily report to the Municipal Administrator while a thorough investigation was to take place.

Allegations and Complaints

By 1995, after three years without any formal charges against her, Pastor sought reinstatement, but instead of being restored to her original position, she was reassigned again. On October 20, 1995, she filed a complaint with the CSC, alleging that her reassignment and removal from the payroll constituted oppression and abuse of authority, hence infringing on her civil service rights. She requested reinstatement and a prohibition against the mayor from designating another officer to her position.

Civil Service Commission's Initial Resolution

The CSC found merit in Pastor's complaint, ordering her reinstatement as Budget Officer in its Resolution No. 96-1190 dated February 5, 1996. The CSC reasoned that while her initial reassignment might have been warranted by exigent circumstances, the prolonged assignment of over three years lacked sufficient justification.

Subsequent Developments and Further CSC Resolutions

After the CSC's order, the City of Pasig assigned Pastor as head of the Pasig City Hall Annex; however, Pastor contended this position was fabricated, lacking formal creation or equivalent responsibilities associated with her previous role. The CSC reiterated its stance in subsequent resolutions, including Resolution No. 97-2845 on May 20, 1997, affirming Pastor's reassignment was non-compliant and instructing the city government to cease further reassignments.

Appeal to the Court of Appeals

In response to the CSC's resolutions, Mayor Eusebio filed a petition for certiorari in the Court of Appeals, which ruled in favor of the City, stating the reassignment was a valid exercise of the City's powers. The appellate court concluded that the status and salary of Pastor remained unchanged, validating the reassignments to both the Municipal Administrator's office and the City Hall Annex.

Petitioner's Contentions

Pastor challenged the Court of Appeals’ ruling, claiming it represented a grave abuse of discretion. She argued that the City of Pasig, not being the adversely affected party, lacked standing to appeal. Additionally, she sought reinstatement to her original position, asserting the City had failed to comply with the CSC’s directives.

Supreme Court's Ruling

The Supreme Court favored Pastor and granted her petition. It held that the City of Pasig's petition for certiorari should have be

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