Pacificador: Otayde most persecuted employee? By Ely Suyom SAN JOSE, Antique - Board Member Arturo F. Pacificador in his privilege speech delivered on 4th regular session of the Sangguniang Panlalawigan said that Mr. Eric Otayde, former employee of the provincial government is the most persecuted, abused employee who has been seeking for justice for the past three years. Pacificador said that Otayde is vindicated by no less than the Civil Service Commission (CSC) and the Court of Appeals (CA). “I could only hope and pray that the rule of law will now prevail over the capricious and wanton disregard and open defiance of lawful orders of duly constituted authorities which deprived this employee of his rights,” said Pacificador. He added that Gov. Javier has not taken any action on the order of a duly constituted authority to reinstate Mr. Otayde. “Speaking for all employee who have been deprived of their rights, I humbly BEG the Honorable Governor, Exequiel B. Javier to respect the right every employee, to respect and obey lawful orders and to immediately implement the decision of the Honorable Civil Service Commission No. 12-0347 as supplemented by Resolution No. 14-00043 reinstating Mr. Eric Otayde and paying his back wages and other benefits,” Pacificador lamented. It can be recalled that Otayde was appointed by then Antique Gov. Salvacion Z. Perez as Information Officer IV in the province on June 15, 2005. Otayde on December 20, 2007 was promoted to the position of Provincial Government Assistant Department Head which he occupied until he was illegally terminated on August 17, 2010 by Gov. Exequiel B. Javier. He appealed his termination to the CSC and on May 11, 2011 the CSC Regional Office 6, directed the provincial government of Antique to reinstate Mr. Otayde to his former position as Information IV and to pay his bacl salaries and other benefits from the time he was illegally terminated from service until his actual reinstatement. On January 7, 2013, the motion for reconsideration filed by Gov. Javier was denied by the CSC. . On January 18, 2013 Gov. Javier told the CSC that Otayde cannot be reinstated to the position of Information Officer IV as the same is already occupied by Emmanuel Barcelona and that Otayde is not entitled to back salaries and other benefits since his appointment as Provincial Government Assistance Head (PAGH) was invalidated by the CSC Regional Office. On May 14, 2013, Otayde moved for execution of CSC Decision No. 12-0347 opposed by Gov. Javier arguing that the Commission has already lost jurisdiction over the case and can no longer implenet the decision as he filed a Petition for Review with the Court of Appeals which was granted the motion for execution filed by Mr. Eric Otayde. On August 27, 2013, Gov. Javier filed a Motion for Clarification to the CSC arguing that Mr. Otayde could not be reinstated to his previous position as Information Officer as it would entail the removal of Barcelona as PIO IV. Barcelona insisted that he enjoys security of tenure and since he was not impleaded as a party to the case of Mr. Otayde, he was not bound by the Decision of the Commission which invalidated his appointment as PIO IV. On January 7, 2014 the CSC resolves to clarify that Emmanuel R. Barcelona does not enjoy security of tenure to the PIO IV position since he is merely considered a de facto employee, who can be removed there from at anytime. The CSC resolution added that Barcelona has to vacate the PIO IV in favor of Otayde who was illegally terminated otherwise; Gov. Javier shall be personally liable for the salaries and other benefits that will be paid to Barcelona. Gov. Javier filed a Petition for Review with the court of Appeals docketed As CA-GR. SP No. 07435 praying for the Issuance of A Writ of Preliminary Injunction (WPI) with Temporary Restraining Order (TRO) On December 10, 2013 the Court of Appeals (CA) denied both the WPI and the TRO. The CA required Eric Otayde and Gov. Javier to file their respective Memoranda within (30) days from notice. Upon lapse of said period, with or without such Memoranda, the petition shall deem submitted for decision. As of press time the case of Otayde is still at the CA awaits the decision.
Posted on: Sun, 09 Feb 2014 14:52:58 +0000
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