BONTOC, Mountain Province – The Civil Service Commission (CSC) en banc upheld the dismissal from government service of three more employees of the State-run Mountain Province State Polytechnic College (MPSPC who were allegedly involved in the failed July 1, 2011 siege after finding them guilty of grave misconduct, conduct prejudicial to the best interest of the service and insubordination.
In a 6-page resolution denying the motion for reconsideration of Dan Evert C. Sokoken, Sr., Eric F. Fulangen and Brueckner B. Aswigue, the CSC also upheld the imposition of the accessory penalties against them that include cancellation of eligibility, forfeiture of retirement benefit, except terminal leave credits and personal contributions to the Government Service Insurance System (GSIS), if any, perpetual disqualification from holding public office and barred from taking civil service examination.
Earlier, the CSC also ordered the dismissal from government service eight MPSPC employees who were part of the failed siege, namely, Daniela P Chumacog, Terrence Lief F. Fang-asan, Peter L. Pumat-at, Jayson A. Omaweng, Charlie Wrykan S. Engngeg, Nellie B. Diaz, Beverly Ann B. Chaokas and Angelita D. Bayle for the similar offenses and imposed the same penalties.
The decision stated the motion for reconsideration filed by the embattled MPSC faculty members did not comply with the grounds of filing the said motion and that it did not offer any new arguments, pieces of evidence or errors of law that would convince the Commission to overturn its decision in the previous petition.
It can be recalled that some 12 MPSPC faculty members allegedly conspired in joining, leading and participated in a mass action that tried to topple the administration of former MPSPC president Dr. Nieves A. Dacyon on July 1, 2011.
The Commission pointed out that it is not convinced that the pieces of evidence presented by the prosecution were inadmissible, speculative and hearsay, stating that in the said case, CSC-CAR conducted hearings, and both parties were represented by their respective counsels and that it was their counsel that moved for the submission of the case for resolution.
Further, the decision stated the Commission agreed that government employees who join, participate or take part in any prohibited, concerted activity or mass action as defined under existing laws, rules and regulations shall be held administratively liable for the administrative offense of conduct prejudicial to the best interest of the service.
However, the Commission added that it is not prohibited by law in imposing penalties for separate administrative offenses committed on occasion of the prohibited activity, thus, it must be noted that what constitutes conduct prejudicial to the best interest of the service is the act of joining, participating or taking part in the prohibited activity.
The CSC also found substantial evidence showing that they allegedly led, waged or directly participated in the failed July 1, 2016 siege that allegedly resulted to the disruption, suspension of classes and services of MPSPC by forming human barricades and prevented other students and faculty members or personnel from entering the campus, thus, provoking work stoppage and service delivery disruption in the State institution, the very evil sought to be forestalled by the prohibition against strikes by government personnel.
The MPSPC employees were also found guilty of grave misconduct not because they led, waged or directly participated in the failed siege but because of their wilful intent to disregard or violate established rule and despite being aware of the prohibition on government employees from joining the prohibited activity and the specific directive from their superior not to engage in the same, they still insisted in engaging in the rule of the mob.
According to the ruling, the embattled MPSPC workers committed separate offense of insubordination because notwithstanding the issuance of the lawful order to hold regular classes on June 28, 2011, they deliberately refused to comply and pursued to continue their strike and amidst the order from the Commission on Higher Education (CHED) recognizing Dacyon as the MPSPC president, the group still went to the extent of encouraging the students to join the rally in wilful violation of the order.
The embattled MPSC faculty members were allegedly supported by a Mountain Province official wanting to oust the former College President from her position because he wanted someone of his choice to be in the said position.
Concerned sectors of the province are now challenging the said official who merely used the embattled MPSPC faculty members to suit his personal and political interests to now provide the dismissed employees with their sources of livelihood as he seems to have abandoned them after their cases were upheld by the CSC.
By HENT
