Robredo resolves ARMM-DOTC conflict

Robredo resolves ARMM-DOTC raps                  Dimapanat as the legal and rightful head   Cotabato City – The employees of the Autonomous Region in Muslim Mindanao, Department of Transportation and Communication (ARMM-DOTC) were grateful to the Department of Interior and Local Government (DILG) Secretary Jesse Robredo for the memorandum/directive to ARMM OIC Regional Governor Ansaruddin A.  Adiong for resolving the issue on the rightful and legal head of the DOTC-ARMM. Dialoson A. Amil, President, DOTC-ARMM Employees Association expressed his gratitude to the DILG Sec. Robredo  and the civil service commission ,central office  for acting on the matter that resulted to the decade old problem at the ARMM-DOTC centered on the issue of appointing a DOTCl Secretary by the ARMM Regional Governor. " The directive of the DILG Secretary by the Honorable Jesse Robredo on the rightful and legal head of the DOTC ARMM is a welcome development to the employees of the DOTC-ARMM and the people in the ARMM", Amil disclosed. He added that it has been their long prayer that the provision of the law should be respected and implemented such that the Regional Secretary of the DOTC-ARMM be removed as he cannot be appointed since  there is no such position created under the law.  "It is but the Director IV that must sit as the head of DOTC-ARMM", he said.    DOTC-ARMM Director IV, Engineer Pama P. Dimapanat  through a letter,  he informed  OIC Regional Governor Adiong that effective September, 30, 2010, he  will perform his duty and responsibility as the legal and rightful head of the department. It can be recalled, that Dimapanat, in a letter dated 17 July 2010 entitled "Appeal to Resolve the Rightful Head of DOTC-ARMM" brought to the attention of the Honorable Secretary of the DILG the issue of who is the rightful head of the said agency. This is in view of the appointment of a Regional Cabinet Secretary and Assistant Regional Cabinet Secretary for the aforementioned Department by the Regional Governor duplicating the existing career position of the Director IV and Director III. Ironically, these duplicated positions bear the same salary grades as that of the Directors III & IV which is SG 28 & SG 27 respectively. Consequently, the matter was referred to the Civil Service Commission (CSC) for their expert opinion as the central personnel agency of the government. In a reply to the letter of the DILG Secretary Robredo, CSC came up with Opinion No. 138 series of 2010 dated September 14, 2010 the dispositive portion of which declared that "…Given these facts and considering that no DOTC Secretary position appears to have been created in the ARMM, it is our view that the Director IV in the DOTC-ARMM is the head of office therein." Furthermore, it went on declaring "…the appointment of a DOTC Secretary in the ARMM is violative of RA 9054." It even provided that "Civil Service Law and rules provide that in case of appointments issued in violation of the law, appointees thereto shall not be entitled to receive pay from the government and the appointing authority responsible for such unlawful employment shall be personally liable for the pay that would have accrued had the employment been lawful." The official opinion of the CSC en banc was referred to the Office of the Legal Service of the DILG which gave an affirmative response to the opinion. Hence on September 23, 2010 the DILG Secretary Robredo  issued a memorandum addressed to ARMM Regional Governor Ansaruddin A. Adiong directing him "to  forthwith make arrangements for the sitting DOTC ARMM Secretary to peacefully step down and yield to the rightful Director IV in the DOTC, in compliance with the opinion rendered by CSC." It ordered further "to submit to this office within five (5) days from receipt hereof your report of compliance, copy furnished the Civil Service Commission" The memorandum of DILG director II of the legal Service,  Atty Jesus B. Doque further states that "failure or refusal on the part of the regional Governor to heed the SILGs directive will subject the former to administrative suits". In a phone interview with Robredo, he confirmed such memorandum/directive had been issued to the ARMM Regional Governor Adiong on September 23, 2010."After  we sought legal opinion of the Civil Service Commission i requested Regional Governor's office to submit five (5) days from the receipt of their report of compliance, copy furnished the Civil Service Commission ", Robredo said. He further noted that he is hoping that the Regional Governor will heed to the memorandum.  Amil,  in his letter represented that the highest plantilla position in the DOTC-ARMM is the director IV and the appointment of the DOTC Secretary of the former ARMM Governor Parouk Hussin finds no legal support from RA 9054. "Since the matter is the primary responsibility of the president pursuant to Section 16, Article X  (local Government) of the Constitution. Section 16 states that the President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed", Amil said. He added that such particular function has been delegated by the President to the DILG Secretary in Administrative Order No.273, as amended, which directive has not been revoked or amended up to the present.