DAGDAG, Josefina P.

Re: Query; Dismissed Employee;

Contract of Services; Job Order
x------------------------------------------------x

RESOLUTION NO. 02-0226

Chinita G.F. Parilla, Mayor, Municipality of Bantay, Province of Ilocos Sur, seeks the Commission's legal opinion regarding the employment of Josefina P. Dagdag, Administrative Assistant, Office of the Mayor, who was found guilty of Dishonesty and Falsification of Official Documents (Examination Irregularity) and was meted
out the penalty of dismissal from the service by virtue of Decision No. 2001-047 of the Civil Service Commission Regional Office No. I (CSCRO No. I), San Fernando City, La Union.

The pertinent portions of the said decision read, as follows:

"All these uncontroverted documents and factual circumstances are all one in pointing to the guilt of respondent Josefina P. Dagdag who allowed herself to be impersonated by her sister-in-law Mercy Dagdag who applied and actually took the December 17, 1995 CS Professinoal Examination under the
name of Josefina Dagdag.

"WHEREFORE, premises considered, Josefina P. Dagdag is hereby dismissed from the service.”

On the other hand, the relevant portions of Parilla's query read, as follows:

"This pertains to one 'contract worker' who had been hired through a job order, in accordance with a project-program duly authorized by the Sangguniang Bayan, 'whose services are paid on a daily wage, not credited as government rendered service, hired through piecework or per task basis where no
employer-employee relationship exists and whose services are engaged and retained only under the concept of lease of services and not of an employment'. [This was explicitly embodied in a 'Contract of Services' for a period of one (1) year, entered between the 'contract worker' and the LGU, represented by the
undersigned, last January 1, 2001].

"Sometime second week of May 2001, I received a Notice of Decision from the Regional Director of the Civil Service Commission, Regional Office, furnishing me a copy of its Decision whereby the 'contract worker' was found guilty of an administrative charge and meted her the penalty of dismissal from
the service. I really wanted to retain this contract worker because of the service she extends acting as my private secretary and assistant.

xxx

”At present, subject contract worker is still working with us pending a clear and more authoritative view over the matter. My question boils down to - Could it be possible for me to retain her without having to violate any CSC rules or be made liable for any administrative charge?”

On July 24, 2001, Josephine R. Ramirez of Bantay, Ilocos Sur, also wrote a letter-query to the Commission on the propriety of Dagdag's employment as Administrative Assistant under a contract of services or job order even after the latter was dismissed from the service in a decision rendered by the CSCRO No. I.

It may be recalled that Josephine R. Ramirez was the same person who filed the letter-complaint with the CSCRO No.1 which initiated the investigation against Dagdag for Dishonesty and Falsification of Official Document and who was eventually found guilty of the said offenses.

Relevant portions of Ramirez’ query read, as follows:

“On March 20, 2001, the Director, CSC RO 1 San Fernando City issued Decision 2001-047, a photocopy of which is hereto attached. In this decision, the respondent, Josefina P. Dagdag, was ordered dismissed from the government service for allowing herself to be impersonated by her sister-in-law,
Judge Mercedes V.C. Dagdag-Lindog, who applied for and actually took the Dec. 17, 1995 CS Prof Exam under the name of Josefina Dagdag.

“Sensing perhaps that the CSC Regional Director would issue an adverse decision against her, on Dec. 31, 2000, Josefina Dagdag voluntarily resigned. However, maybe by design or with the connivance of the appointing power, immediately thereafter or on Jan. 2, 2001, she was re-appointed as
administrative assistant, receiving a salary even higher than the previous one. xxx

"I am writing this letter to inquire from you if she can still hold on to her position despite the order of the CSC Region I for her dismissal xxx. Ms. Dagdag has also been spreading the word that the CSC has no more say in her appointments because her being a contractual employee implies that her
appointments no longer have to pass the CSC.”

Accompanying Ramirez' letter-query is a copy of the letter dated May 21, 2001, also sent by Ramirez addressed to Director Lorenzo Danipog of CSCRO No.1, as a follow-up on Administrative Case No. 2000-31. Relevant portions of said letter read, as follows:

"Please be informed that respondent in above-mentioned case, JOSEFINA PACAMANA DAGDAG, who has been dismissed from the service, xxx, is still working at the Municipality of Bantay, Ilocos Sur, with a Contract for Service/Job Order as Administrative Assistant to the Mayor. Complete with uniform
and still reporting like the other regular LGU personnel, respondent Dagdag is also being allowed by the incumbent Local Chief Executive to have first-hand control and supervision over the LGU's personnel, a direct violation of Rule XIII on the Prohibitions on Appointments as provided under CSC MC No. 40 & 41,
s. 1998, which states that 'No consultant, contractual or non-career employee shall be designated to a position exercising control or supervision over regular and career personnel.”

The issue to be resolved at hand is whether Dagdag can still hold the position as Administrative Assistant to the mayor by virtue of a job order or contract of services even after she was dismissed from the service due to Dishonesty and Falsification of Public Documents.

The Commission rules in the negative.

On the outset, it is important to note that Dagdag was employed as a casual clerk also in the LGU of Bantay, Ilocos Sur when the complaint for Dishonesty and Falsification of Public Documents was filed against her. Prior to the decision handed by CSCRO No. 1, Dagdag resigned from her position as casual clerk.
Subsequently, she was hired on January 1, 2001 as an Administrative Assistant to the mayor covered by a job order/contract of services. The decision of the CSCRO No. 1 was handed down on March 20, 2001.

While it is true that services covered by a contract of services or job orders are not considered government service and the same are not covered by Civil Service Law Rules and Regulations, but by the COA rules, Dagdag's appointment as a private secretary to Mayor Parilla was made as a convenient ploy to circumvent the
CSCRO No.1's decision.

Section 58 (a) of Rule IV of the Uniform Rules on Administrative Cases in the Civil Service provides, as follows:

"Section 58. Administrative Disabilities Inherent in Certain Penalties.

“a. The penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service, unless otherwise provided in the decision.” (Emphasis supplied)

On the other hand, Sections 1 & 2 of Rule XI of the Revised Omnibus Rules on Appointments and other Personnel Actions define contract of services and job order, as follows:

"Sec. 1. Contracts of Service/Job Orders, as distinguished from those covered under Sec. 2 (e) and (f), RULE III of these Rules, need not be submitted to the Commission. Services rendered thereunder are not considered government services.

"Sec. 2. Contracts of Services/Job Orders refer to employment described as follows:

“a. The contract covers lump sum work or services such as janitorial, security, or consultancy services where no employer-employee relationship exist;

“b. The job order covers piece work or intermittent job of short duration not exceeding six months on a daily basis;

“c. The contracts of services and job orders are not covered by Civil Service Law, Rules and Regulations, but covered by COA rules;

“d. The employees involved in the contracts or job orders do not enjoy the benefits enjoyed by government employees, such as PERA, COLA and RATA.” (Emphasis supplied)

Based on the above definition, the position and functions of an Administrative Assistant/ Private Secretary cannot be covered by a contract of services or job order which clearly covers lump sum work or piece work or intermittent job of short duration not exceeding six months. Furthermore, said position and functions are not
contemplated under the rules on contracts of personnel services in Sections 209 and 211 (b) of Article 3, Title V of Volume I (Government Auditing Rules and Regulations) Government Accounting and Auditing Manual which provide, as follows:

PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com
 “Sec. 209. Contractual personnel.- Contractual personnel are those employed in the government in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specified period, which in no
case shall exceed one (1) year and who perform or accomplish the specific work or job under their own responsibility with minimum direction or supervision.

xxx

“Sec. 211. Hiring of contractual personnel. - In hiring of contractual, the following rules must be observed:

“a. xxx

“b. In no case shall contractual appointments or contracts of personnel services be issued to non-technical personnel or those whose duties and functions are clerical or administrative in nature or those who will hold positions in the labor or trades and crafts groups. If such services are needed
in support of the job or project, the regular staff or personnel may be augmented by hiring casual or emergency staff.” (Emphasis supplied)

Furthermore, although Dagdag was appointed under a job order/contract of services which is not considered as government service under Civil Service rules, the fact that she was dismissed due to serious offenses of Dishonesty and Falsification of Public Documents should have made the Mayor think twice before retaining
her services as her private secretary. While Dagdag's dismissal from the service carried with it her perpetual disqualification for reemployment in government service and technically, the same will not prevent her from being hired under a job order or contract of services, her continued employment as an administrative assistant of the
mayor would be a circumvention of the decision by the CSCRO No.1. It leaves the impression that an employee of any government agency, in this case, an LGU, who has been dismissed by the CSC in the exercise of its concurrent jurisdiction over disciplinary cases, may still continue his employment under the same office by virtue
of a job order/contract of services. As represented, it bears to note that in Dagdag’s case, she was hired under a contract of services with an even higher salary than her previous position as a casual employee. It also leaves the same impression among appointing authorities that they may continue the employment of dismissed
employees by reappointing them under a job order or contract for services. Thus, the same runs counter to the legal principle that what cannot be done directly cannot be done indirectly.

Dagdag was also allowed to have first-hand control and supervision over the LGU’s personnel. The Commission finds this a direct violation of Section 15, Rule XIII of the Revised Omnibus Rules on Appointments and other Personnel Actions which provides:

“Section 15. No consultant, contractual or non-career employee shall be designated to position exercising control or supervision over regular and career personnel.”

Finally, the fact that Dagdag was found guilty of the grave offenses of Dishonesty and Falsification of Public Documents in her connivance with an impostor to take the CS Professional Exam in her place and stead, bears great weight on her character as a person and her sense of morality. As such, she does not deserve to be
in public service whether rendering government service as defined under Civil Service Rules or under a contract of services with her salary being paid from public funds.

WHEREFORE, premises considered, the Commission holds that Josefina P. Dagdag can no longer hold the position as Administrative Assistant/Private Secretary with the Office of the Mayor, Municipality of Bantay, Province of Ilocos Sur, under the contract of services dated January 1, 2001. Said contract is deemed a
circumvention of the CSCRO No.1’s decision dismissing her from the service and the accessory penalty of perpetual disqualification for reemployment in the government service.

Quezon City, February 14, 2002

(Signed)
J. WALDEMAR V. VALMORES
Commissioner

(Signed)
KARINA CONSTANTINO-DAVID
Chairman

(Signed)
JOSE F. ERESTAIN, JR.
Commissioner

Attested by:

(Signed)
ARIEL G. RONQUILLO
Director III

CPS/AGR/pvp/cm05-2002
FPG/ RT M/ X1/ X15/jca176
O-01-0300
20010801-009
/dagdag’r

PRO version Are you a developer? Try out the HTML to PDF API pdfcrowd.com