ILOILO City – Was the dismissal from service of city hall employee Joe Mari Esteral illegal?
Former city administrator Hernando Galvez, who serves as lawyer to Esteral, advised the latter to return to work effective April 8.
Galvez, in a letter, informed Mayor Jerry Treñas and concerned city government departments that he advised his client to report and re-assume his duties and functions as Bookbinder II of the City Civil Registrar’s Office.
Galvez argued that Esteral was unlawfully prevented to report to work, pointing out the instruction of City Administrator Melchor 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 the city mayor.
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He also stated that he had withdrawn the appeal (questioning the resolution of Gascon) previously made by Esteral as such resolution was not appealable.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.
But assuming that Treñas already rendered a decision, Galvez pointed out that Esteral did not receive a copy of it to date. And if he had received it, he could still file a motion for reconsideration to prevent the same from becoming final and executory.
“It is therefore clear that Esteral was unlawfully deprived of his office and has the right to report and be paid of his salaries inclusive of those times whereby he was unlawfully prevented to report for work,” Galvez stressed.
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.”
Last 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.
It was also sometime in the first quarter of 2020 when he received a letter from Tan dismissing and preventing him from reporting to work.
In 2019 Esteral filed criminal and administrative complaints against Treñas and six other city officials before the Office of the Ombudsman for pulling him out of the city civil registry office and reassigning him to the dumpsite in Barangay Calajunan, Mandurriao district.
Esteral accused Treñas of grave coercion, grave misconduct, oppression, conduct prejudicial to the best interest of the service, and unfair discrimination due to affiliation.
The other respondents were City Administrator Melchor Tan, City General Services Office head Joren Sartorio, City Legal Officer Edgardo Gil, Iloilo City Civil Registry assistant department head Cherry Ampig, and Treñas’ executive assistants Fernando Jose Rico, and Rudiver Junco Sr.
According to Esteral, his reassignment which took effect on Aug. 20 was inconsistent with his mandated duties as Bookbinder II.
“I was re-assigned not in the name of public service but because of politics or because of the recently concluded election or my affiliation to Mr. Romeo C.L. Manikan, my then boss at the City Registrar’s Office,” read part of Esteral’s complaint-affidavit.
Esteral further claimed that on Aug. 30, Junco and Rico talked to him.
“Cooperate ka tani, pre,” he quoted Junco as allegedly telling him.
Rico, on the other hand, asked him, “Ano nabal-an mo sa mga anomaliya ni Manikan? Dala ka di sa kaso,” he stated in his Ombudsman complaint.
According to Esteral, Junco further told him, “Buligi lang kami ma-pin down ang mga Manikan! Balik ka dayon sa mother unit mo. Balik man si misis mo.”
When reached for his comment, Treñas said, “I deny absolutely the claims of Atty. Galvez for Mr. Esteral. I do not know Mr. Esteral and I have never at any time talked to him or requested anyone to talk to him in my behalf.
Treñas added: “All legal remedies are available to him. The records of the case are intact and proper legal action may be taken in the proper forum.”
The mayor also referred the matter to Atty. GE Lacio Lira, being part of the investigating committee that probed Esteral./PN
