CA: CSC has no power over President’s men
The Court of Appeals (CA) has denied the petition of a former Department of Agriculture (DA) official and presidential appointee who challenged his reassignment during the COVID-19 pandemic, leading to a P2.25-million deduction in his retirement benefits for failing to comply with the directive.
In a 12-page decision dated Aug. 15, the appellate court’s Fifth Division upheld the ruling of the Civil Service Commission (CSC) that it has no jurisdiction over Lucrecio Alviar Jr.’s challenge to his reassignment. The CSC had said that Alviar should have appealed his case to the Office of the President.
Alviar was appointed as a DA regional director in 2010 by then President Gloria Macapagal-Arroyo.
In 2020, he received a memorandum from then Agriculture Secretary William Dar directing him to report to the DA central office in Quezon City effective Aug. 24, 2020. The move was meant to “reboot Philippine agriculture and to address the challenges confronted by the DA in combating the COVID-19 pandemic.”
Alviar, however, asked that his reassignment be reconsidered, citing his health concerns as a senior citizen. He reasoned out that he was immunocompromised and his doctor had cautioned him against going to high COVID-19 incidence areas like the National Capital Region.
Hefty cut
Alviar also filed a petition before the CSC in which he asked that Dar’s memorandum be set aside for being null and void. He argued that his reassignment was issued “indiscriminately and whimsically in clear violation of the rules.”
After his retirement from the DA, Alviar was ordered to return the salaries he received from 2020 to 2021, amounting to P2.25 million, because of his failure to report to the Office of the DA Secretary during the said period. The amount was subsequently deducted from his retirement benefits.
In 2021, the CSC dismissed his appeal, saying it lacked jurisdiction over him since he was a presidential appointee.
In elevating the case to the appellate court, Alviar argued that the CSC gravely erred when it dismissed his petition. He said the orders reassigning him and designating another official as his replacement were contrary to law, as it placed him on “floating status akin to constructive dismissal.”
Alviar also asked the court to clarify whether or not he could still challenge and appeal his reassignment orders. He also inquired if he still has the right to seek a reimbursement of the P2.25 million—representing his salaries from 2020 to 2021—that was deducted from his retirement benefits for not reporting to the Office of the DA Secretary.
Wrong venue
In its decision, the appellate court said the CSC properly ruled that Alviar, being a career executive service official, should have filed his appeal before the Office of the President.
The court also ruled that his reassignment was not carried out arbitrarily or in bad faith.
“Far from being whimsical, his reassignment was prompted by the exigency of public service, with the objective of reinvigorating Philippine agriculture and addressing the disruptions caused by the COVID-19 pandemic,” the appellate court said in the decision penned by Associate Justice Ramon Cruz.
