BONTOC, Mountain Province – Four more faculty members of the State-run Mountain Province State Polytechnic College (MPSPC) were recently issued their resolutions of dismissal by the Civil Service Commission (SCS) en banc for grave misconduct, conduct prejudicial to the best interest of the service and insubordination because of their active participation to the failed July 1, 2011 siege that sought to topple the former leadership of the institution.
The latest batch of dismissed MPSPC faculty members which were issued resolutions of dismissal by the CSC en banc were Nellie B. Diaz, Beverly Ann B. Chaokas, Daniela P. Chumacog and Angelita D. Bayle, all faculty members of the higher education institution based in this capital town.
In similar 18-page resolutions, the CSC en banc upheld the dismissal of the said faculty members after finding probable cause relative to their involvement to the failed siege where they were found out to be the leaders of the strike that disrupted the regular classes of the school and the delivery of the services to the people at the time of the failed siege.
Earlier, the CSC-CAR ordered the dismissal of 12 faculty members of the institution for having led the failed siege last July 1, 2011 which put the image of the institution in a bad light.
However, the concerned faculty members appealed the CSC-CAR decision to the CSC en banc alleging among others that the CSC-CAR erred in rendering the decision for their outright dismissal from the government service.
Aside from being dismissed from the service, the dismissed employees will be perpetually barred from entering the government service and prohibited from taking the civil service examination following the forfeiture of their their respective eligibility.
It wad learned that Terrence Lief Fang-asan, Peter Pumaat, Jayson A. Omaweng, Charlie Wrykan S. Engngegm and Dario Guiayen received their respective dismissal orders from the CSC en banc considering that they were the established leaders of the failed siege.
The MPSPC administration is currently awaiting the other decisions rendered by the CSC en banc relative to the case of the other 7 faculty members who were included in the case.
The decision stated that as correctly pointed out by CSC-CAR, there is substantial evidence to hold the respondents guilty of conduct prejudicial to the best interest of the service since government workers who join, participate or take part in any prohibited concerted activity or mass action as defined under existing laws and regulations shall be held administratively liable for the administrative offense.
Records established that the respondents not only participated in a prohibited and concerted mass action but also represented themselves as the leaders who led the strike at MPSPC last July 1, 2011.
The Commission also agreed with the findings of the CSC-CAR that the initial batch of respondents committed grave misconduct and that they ought to know that government employees are prohibited from taking part, joining or participating in any prohibited activity or mass action with the intent of effecting work stoppage or service disruption in order to realize their demands from their respective agencies.
Despite such prohibition, the initial batch of respondents participated, took part or joined the mass action calling for the resignation of former MPSPC president Dr. Nieves A. Dacyon which resulted in the disruption and suspension of classes as well as services of the State-run institution.
“Between the positive declarations of the complainants and the negative statements of the respondents, the former deserve more credence. Such accordance of greater probative value to evidence that is positive in nature than that which is negative in character is a time-honored principle. The rule is that the positive and categorical assertions of witnesses generally prevail over self-serving negative evidence,” the decision stressed.
While the Commission recognizes government employees’ right to self-organization, the decision stated the exercise thereof should be within the bounds allowed by law.
Further, the Commission also agreed with the findings of CSC-CAR that the first batch of respondents committed insubordination and as correctly ruled upon, notwithstanding the issuance of the lawful order by MPSPC officer-in-charge Elpecio Marrero, Jr. to hold regular classes on June 28, 2011, the first batch of respondents deliberately refused to comply and pursued to continue their strike.
At the same time, the Commission found the penalty of dismissal imposed against the first batch of respondents in order and in the present case, they were found guilty of three administrative offenses and the most serious of the offenses charged them is grave misconduct punishable by dismissal from the service, thus, the impossible penalty is outright dismissal from the service.
By HENT
