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Plaza II vs Cassion Posted on November 18, 2012 GR 136809 July 27, 2004

FACTS The City of Butuan, through its Sanggunian, passed SP Resolution 427-92 authorizing the City Mayor to sign the “Memorandum of Agreement for the Devolution of the DSWD to the City of Butuan”. Pursuant to the MoA, Mayor Plaza issued EO No. 06-92 reconstituting the City Social Services Development Office (CSSDO), devolving or adding thereto 19 additional DSWD employees headed by Virginia Tuazon as Officer-in-charge. Its office was transferred from the original CSSDO building to the DSWD building.

Aggrieved by the development, Respondents refused to recognize Tuazon as their new head & to report at the DSWD building contending that the issuance of EO No. 06-92 & Tuazon’s designation as the CSSDO’s Officer-in-charge are illegal. Respondents failed to report for work despite Mayor Plaza’s series of orders directing them to do so. Thereafter, they were administratively charged for grave misconduct & insubordination and were preventively suspended for 60 days.

Upon expiration of their suspension, the respondents informed the Mayor that they are willing to return to work but only to their old office, not the DSWD building. They also failed to report to Tuazon at the DSWD building despite the Mayor’s instructions to do so.

Mayor Plaza then dropped the respondents from the rolls pursuant to the CSC Memorandum Circular No. 38, Series of 1993 which provides that “officers & employees who are absent for at least 30 days without approved leave…may be dropped from the service without prior notice.“

06-92 directing the devolution of 19 national DSWD employees to the city DSWD to be headed by petitioner Tuazon should be upheld as valid. level or salary without break in service & may be imposed as an administrative penalty. 06-92 did not violate respondents’ security of tenure as they were not transferred to another office without their consent. 2. The change of respondents’ place of work from the CSSDO to the DSWD building is not a transfer. Whether EO No. Mayor Plaza has the authority to reappoint devolved personnel & may designate an employee to take charge of a department until the appointment of a regular head. Dropping from the rolls is not an administrative sanction. . Their assertion that they were denied due process is. the term “devolution” refers to the act by which the government confers power and authority upon the various LGUs to perform specific functions & responsibilities. Whether private respondents were denied due process when they were dropped from the rolls. HELD 1. As the local chief executive of Butuan City. records basic services. 06-92 in order to give effect to the devolution decreed by the LGC. assets & liabilities.17 of the LGC authorizes the devolution of personnel.ISSUE 1. EO No. therefore. Mayor Plaza is empowered to issue EO No. untenable. Under this Code. Thus. Transfer is a movement from one position to another which is of equivalent rank. It was only a physical transfer of their office to a new one done in the interest of public service. and facilities of a national government agency to LGUs. Sec. private respondents need not be notified or heard. 2.