The Public Attorney’s Office is asking the Supreme Court to reconsider the dismissal from service of an official from the Dangerous Drugs Board and allow the court’s en banc to review the matter.
Maria Belen Angelita Matibag, represented by PAO Chief Persida Acosta, filed an omnibus motion, appealing to the high court en banc to look into the 1st Division’s Jan. 22 decision, setting aside the July 18, 2013 Court of Appeals’ decision and Nov. 11, 2013 resolution in favor of Matibag.
The Supreme Court 1st Division declared that Matibag’s termination as DDB deputy executive director on March 2, 2011 was valid.
Matibag, through Acosta, urged the Supreme Court en banc to grant her plea for oral arguments.
“It is most respectfully submitted that the above- mentioned finding needs to be meticulously and judiciously re-examined, considering the significant impact of such decision to the entire civil service,” the omnibus motion read.
On June 6, 1982, Matibag began her career at the DDB as a guidance psychologist, and was later appointed as deputy executive director on Jan. 5, 2007.
After working for 29 years, Matibag, an appointee of then-President Gloria Arroyo, was removed from her position on March 2, 2011.
DDB cited Memorandum Circulars Nos. 1 and 2 issued by then-President Benigno Aquino III that a non-Career Executive Service Officer (CESO) must separate from the service.
However, PAO said the Career Executive Service Board “cannot impose additional qualifications upon respondent, who was already conferred by the Civil Service Commission with the Career Service Executive Eligibility and Career Executive Officer IV rank at the time the additional qualifications were imposed.”
“Pursuant to Resolution No. 030665, respondent was conferred by the Civil Service Commission with a Career Service Executive Eligibility on 06 June 2003,” PAO argued.
“The CSEE was validly conferred by the CSC to Respondent pursuant to its legitimate authority to conduct civil service examinations and determine ‘appropriate eligibilities’ in the career service, including the Career Executive Service — third level positions pursuant to Section 3, Article IX-B of the 1987 Constitution,” it added.
“In 1998, the CSC issued Memorandum Circular No. 37, which provides that ‘[t]he Career Service Executive Eligibility (CESB) entitles an appointee to permanent appointment in a career executive service position and security of tenure,” it stated.
“CESB went beyond its authority when it overturned the eligibility and rank conferred upon Respondent by the CSC — the central personnel agency of the government and CESB’s mother agency,” it further said.
On April 10, 2012, the CSC rendered a decision declaring Matibag was illegally dismissed by then DDB chairperson Edgar Galvante.
“The foregoing considered, and for the judicious resolution of the instant case, allowing the parties to orally argue their respective cases before the Supreme Court En Banc, pursuant ot Section 1, Rule 49 of the Rules of Court, is vital,” PAO asserted.