Facts:
Petitioner Reynoso B. Floreza joined the government service in May, 1955 as a clerk (action attorney) in the Administrative Division of the Department of Finance. In December, 1959, he transferred to the Bureau of Internal Revenue (BIR) where he was appointed Senior Revenue Examiner. In recognition of his competence and perseverance, he received regular promotions in the BIR over the years.Two years later or on October 6, 1982, Floreza was given a regular appointment as Revenue Service Chief.
On April 4, 1986, pursuant to the reorganization program, BIR Commissioner Bienvenido A. Tan, Jr. issued a memorandum exhorting all Revenue Service Chiefs and their Assistants, and all Revenue Regional Directors and their Assistants to "tender their resignations to give the authorities concerned the widest latitude in effecting a reorganization of the Bureau." Petitioner refused to tender his resignation.On April 28, 1986, Commissioner Tan issued Travel Assignment Order No. 11-86 assigning Floreza to the Office of the Commissioner as Consultant due to "the exigencies of the service."Feeling that he had been placed in a "freezer" and having been confidentially advised that he would be removed from the position of Revenue Service Chief (Legal) as he was not among those recommended for reappointment,Floreza filed in the Court of Appeals on June 4, 1987 a petition for prohibition with prayer for a writ of preliminary injunction which was denied.
Issue:
Whether or not Floreza was denied security of tenure
Ruling:
Yes. A careful reading of Section 59 of Executive Order No. 127 shows that it is a device intended to overcome the lapse of the power to reorganize under the interim or "Freedom Constitution" with the effectivity of the 1987 Constitution. Thus, an incumbent retained in a hold-over capacity is not yet formally terminated in his government employment. At the same time, he has lost his right to security of tenure because if he is not reappointed when his former item is filled, then he is deemed separated. The same paragraph, however, mandates that separation under Executive Order No. 127 should follow the provisions of Article III of the interim Constitution and the procedure under Executive Order No. 17. This means that separation or replacement of officers or employees should be "only for justifiable reasons" or for any of the grounds enumerated in Section 3 of the latter executive order.
None of these justifiable reasons or grounds exists in this case of Floreza. As stated in the decision of the Civil Service Commission, there is no controversion of the fact that Floreza's 32 (now 34) years of service are unblemished by any administrative or disciplinary complaint. There is no showing that his competence or integrity was ever in question. He went up gradually in the ladder of promotions at the BIR under different Commissioners throughout those 32 years. The only reasons he can find for his non- reappointment are the sworn statements he filed as Chief of the BIR Legal Office with the Tanodbayan regarding a multi-billion peso tax case involving multinational gas companies with which the Secretary and Commissioner were earlier connected before their appointments to top government positions. The number of the item to which Floreza was appointed belongs to the Policy and Planning Service. However, from the time he was appointed Revenue Service Chief, he served as head of the Legal Service. Under the authority given to the Commissioner, he switches the Service Chiefs from one service to another in the best interests of their agency especially in order to maximize BIR collections. Moreover, the appointments extended to heads of services at the time were as "Revenue Service Chiefs" with no indication of what particular service they were going to administer.
Moreover, Floreza's assignment as consultant in the Office of the Commissioner was undertaken through the usual issuance of a travel assignment order as dictated by the "exigencies of the service." Floreza's movement may not be considered as a transfer within the contemplation of Section 27(c) of Presidential Decree No. 807 (Civil Service Decree) for it was more of the detail under Section 24(f) than a transfer. Had it been a transfer, Floreza would have been issued an appointment as consultant. Floreza continued holding the position of Revenue Service Chief until Commissioner Tan went to the President for the appointments of Jaime M. Masa as Assistant Commissioner for the Legal Service and Rizalina S. Magalona as Assistant Commissioner for the Planning and Research Service on March 7, 1988. 35 Since both the Planning and Policy (or Research) Service and the Legal Service were given new Chiefs, Floreza was in effect terminated in his employment even as he was offered a demotion in rank to replace it. It should be emphasized that by that time, the 1987 Constitution had long been in full force and effect.
Petitioner Reynoso B. Floreza joined the government service in May, 1955 as a clerk (action attorney) in the Administrative Division of the Department of Finance. In December, 1959, he transferred to the Bureau of Internal Revenue (BIR) where he was appointed Senior Revenue Examiner. In recognition of his competence and perseverance, he received regular promotions in the BIR over the years.Two years later or on October 6, 1982, Floreza was given a regular appointment as Revenue Service Chief.
On April 4, 1986, pursuant to the reorganization program, BIR Commissioner Bienvenido A. Tan, Jr. issued a memorandum exhorting all Revenue Service Chiefs and their Assistants, and all Revenue Regional Directors and their Assistants to "tender their resignations to give the authorities concerned the widest latitude in effecting a reorganization of the Bureau." Petitioner refused to tender his resignation.On April 28, 1986, Commissioner Tan issued Travel Assignment Order No. 11-86 assigning Floreza to the Office of the Commissioner as Consultant due to "the exigencies of the service."Feeling that he had been placed in a "freezer" and having been confidentially advised that he would be removed from the position of Revenue Service Chief (Legal) as he was not among those recommended for reappointment,Floreza filed in the Court of Appeals on June 4, 1987 a petition for prohibition with prayer for a writ of preliminary injunction which was denied.
Issue:
Whether or not Floreza was denied security of tenure
Ruling:
Yes. A careful reading of Section 59 of Executive Order No. 127 shows that it is a device intended to overcome the lapse of the power to reorganize under the interim or "Freedom Constitution" with the effectivity of the 1987 Constitution. Thus, an incumbent retained in a hold-over capacity is not yet formally terminated in his government employment. At the same time, he has lost his right to security of tenure because if he is not reappointed when his former item is filled, then he is deemed separated. The same paragraph, however, mandates that separation under Executive Order No. 127 should follow the provisions of Article III of the interim Constitution and the procedure under Executive Order No. 17. This means that separation or replacement of officers or employees should be "only for justifiable reasons" or for any of the grounds enumerated in Section 3 of the latter executive order.
None of these justifiable reasons or grounds exists in this case of Floreza. As stated in the decision of the Civil Service Commission, there is no controversion of the fact that Floreza's 32 (now 34) years of service are unblemished by any administrative or disciplinary complaint. There is no showing that his competence or integrity was ever in question. He went up gradually in the ladder of promotions at the BIR under different Commissioners throughout those 32 years. The only reasons he can find for his non- reappointment are the sworn statements he filed as Chief of the BIR Legal Office with the Tanodbayan regarding a multi-billion peso tax case involving multinational gas companies with which the Secretary and Commissioner were earlier connected before their appointments to top government positions. The number of the item to which Floreza was appointed belongs to the Policy and Planning Service. However, from the time he was appointed Revenue Service Chief, he served as head of the Legal Service. Under the authority given to the Commissioner, he switches the Service Chiefs from one service to another in the best interests of their agency especially in order to maximize BIR collections. Moreover, the appointments extended to heads of services at the time were as "Revenue Service Chiefs" with no indication of what particular service they were going to administer.
Moreover, Floreza's assignment as consultant in the Office of the Commissioner was undertaken through the usual issuance of a travel assignment order as dictated by the "exigencies of the service." Floreza's movement may not be considered as a transfer within the contemplation of Section 27(c) of Presidential Decree No. 807 (Civil Service Decree) for it was more of the detail under Section 24(f) than a transfer. Had it been a transfer, Floreza would have been issued an appointment as consultant. Floreza continued holding the position of Revenue Service Chief until Commissioner Tan went to the President for the appointments of Jaime M. Masa as Assistant Commissioner for the Legal Service and Rizalina S. Magalona as Assistant Commissioner for the Planning and Research Service on March 7, 1988. 35 Since both the Planning and Policy (or Research) Service and the Legal Service were given new Chiefs, Floreza was in effect terminated in his employment even as he was offered a demotion in rank to replace it. It should be emphasized that by that time, the 1987 Constitution had long been in full force and effect.
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