SORSOGON CITY (BicolToday.com/28-April-2012) – The decision of the commission proper of the Civil Service modifying the suspension order of CSC Region V against provincial employee Tiere Dagñalan of the accounting department was a relief for the fiscal examiner who was initially suspended for one year without pay for infraction of RA 6713.
The promulgation of March 12 this year signed by CSC Chairman Francisco Duque III granted the arguments in the appeal of Dagñalan to the regional commission when it meted the suspension on October 10, 2011. The administrative case was filed against him by former City Councilor Fulton Baylon for simple neglect of duty for his failure to provide public records requested by the councilor in the performance of his duty as an elected official of the City of Sorsogon.
Baylon on several instances failed to secure the documents because of delays attributed to the fiscal examiner specifically compliance to furnished the latter of Executive Order 05-002 issued by then City Mayor Sally Lee. As a public record, Baylon argued that he being a member of the city council is not subject of the executive order for he is requesting the document in aid of legislation. Inspite of this, Dagñalan failed to release the record on time.
Using RA 6713 as a last resort, Baylon charged Dagnalan for violation of Sec.5, paragraph (a) and (c) which provides the obligations of public officials and employees to act promptly on letters/request within fifteen working days from receipt thereof requiring action taken on the request received. Failing to appropriately act on it, Dagnalan was found to commit a simple neglect of duty.. The one year suspension without pay was opposed by the suspended employee when he filed a petition for review saying that the violation is a first offense and his length of service were considered by the commission proper to modified the decision of its regional office.
“The meaning of ‘acting promptly’ on letters and request, in contemplation of the law does not always mean automatic approval of the request of the public. It could mean disapproval or even withholding of any action depending on whether the request or letter complies with the requirements provided for by the law and office policies and procedures”, the Commission pointed out.
But it did not totally convince the commission en banc that an act of simple neglect of duty was not committed;.
The modified order lessened the period of suspension form one year without pay to one month and one day without pay was received by the suspended employee on April 19, copies were furnished to the Provincial Human Resource Management office and the Office of the City Mayor for the act was committed by the employee when he was detailed at the city government in 2002 as officer-in-charge of the city accounting department. The modified decision was release by the CSC secretariat and liaison office on March 22 of this year. BicolToday.com
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