ILOILO City – The city government is not buying the move of former city administrator Atty. Hernando Galvez who advised his client Joe Mari Esteral to return to work.
Esteral was dismissed from the service due to insubordination effective Sept. 4, 2020 through an order issued by current City Administrator Melchor Tan. But he reported and re-assumed his duties and functions as Bookbinder II of the Local Civil Registrar on April 8, 2021.
In another office order issued yesterday to all concerned offices and departments, Tan reiterated Esteral’s status.
“Notwithstanding the application of Section 88 of the Local Government Code, which allows the implementation of the order of dismissal of Mr. Esteral; please be advised that effective immediately, Mr. Esteral shall be considered as preventively suspended, unless he is exonerated by the Civil Service Commission (CSC), pursuant to Section 68 of the Local Government Code,” read the office order signed by Tan.
Tan reiterated to the concerned departments that Esteral “shall not be given any work assignment, neither shall be perform any function or incident of his previous employment” and “he shall also not be allowed to report for duty, log in and shall not be entitled to any salary or compensation” unless he is exonerated by the CSC.
Officer-in-charge Local Civil Registrar Cherry Ampig received the office order while Esteral, after the City Building Administrator spoke to him, left the LCR office.
“He is dismissed pero ang validity sang iya dismissal naga-depend sa Civil Service Commission so kon ano ang resulta nga magahalin sa CSC, hulaton naton. Meantime, kay may ari sia nga dismissal, executory anay kag gina-prohibit sia nga mag-report diri sa opisina sa LCR,” Ampig explained.
Galvez had argued that Esteral was unlawfully prevented to report to work, pointing out the instruction of Tan which cited as basis an undated resolution signed by City Legal Officer III Fhaymore Gascon with the approval of City Legal Officer Edgar Gil and Mayor Jerry Treñas.
According to Galvez, the city administrator had no power and authority to dismiss an employee.
He also stated that he had withdrawn the appeal (questioning the resolution of Gascon) previously made by Esteral as such resolution was not appealable.
Galvez, among others, also pointed out that Treñas, as the disciplining authority, had not rendered any decision in the case yet as no decision could be found in the records.
The lawyer also demanded that Esteral be paid of long overdue wages and monetary benefits inclusive of those times when the employee was “unjustifiably suspended.”
In September 2019, Esteral was issued a 60-day preventive suspension. He returned to office in November 2019.
Since November 2019 up to date, except for February 2020, Esteral has not been paid his salary.
CITY LEGAL OFFICE’S RESPONSE
The City Legal Office (CLO), dated April 12, responded to Galvez’s letter emphasizing that the dismissal of Esteral stemmed from the motu propio investigation of a complaint filed against him.
City Legal Officer Atty. Edgardo Gil, who signed the letter, emphasized that Esteral was afforded due process during the administrative investigation.
Gil also pointed out that the decision of dismissal is valid and binding.
“With all due respect to the hierarchy of administrative bodies, and in observance of the principle of sub-judice, we shall no longer discuss the merits of the case, since as of the moment the issue of whether or not Mr. Esteral was validly dismissed is now before the Civil Service Commission,” Gil emphasized.
GALVEZ REBUTS
Galvez, in his reply letter dated April 13 to Gil, rebutted that the CLO “is the legal adviser of the mayor but the lawyers and officers sitting therein are not by themselves mayors.”
He pointed out that the stand of the CLO in an issue is not the stand of the mayor who, in the exercise of his executive discretion as chief executive, may adopt or disregard the CLO’s view or opinion.
“It is best for you to send the communication you sent to me to the incumbent mayor for his consideration and for him to make a decision whether your view is correct or wrong and to correspondingly accept or reject the same,” Galvez emphasized.
Galvez further stressed that there is a material difference between a mere recommendation to dismiss an employee and an administrative decision/resolution sentencing him with dismissal.
“Notwithstanding of the foregoing and if you insist that your view is correct, please advise the mayor of your view and let him make a choice but please do not decide for the mayor because any person at the City Legal Office has no power to become mayor but only to act as legal adviser of the mayor. The same principle holds true with all the department heads of the City Government of Iloilo,” Galvez added./PN
