vonjobi: wow, congratulations! kelan ang trip? i hope i'll be around when you come. had a good time with diosa last...
Keith Bacongco: Knowing Nograles and his Big Boss...garapalan na lang talaga.
Vinia Datinguinoo Mukherjee: Congratulations, PCIJ! Mabuhay kayo!
Lead Philippines: But without credible mass media there, what is left to protect the people..?
vonjobi: it's juned sOniDo.

Latest Message 5 months, 1 week ago

hopeless_race : Lets not just focus sa mga malversation of funds, sa mga overpricing..ating pagtuunan ng atensyon ang diskarte ng mga politiko na umuutang ng bilyon bilyon sa gobyerno."Small time" ang ibang pamamaraan ng pangungurakot kumpara sa pag-utang sa gobyerno ng bilyon na tunay ngang masasabing "pinaka big-time" at wala pang sabit.
hopeless_race : Mukhang tikom ang bibig ng lahat pagdating sa diskarte ng mga politiko sa pagutang ng mga bilyon bilyon sa gobyerno na tinatakbuhan. Itong pamamaraan na ito ang tunay na kumakain ng malaking porsyento ng ating national budget batay na din sa sinasabi ng world bank.
hopeless_race : Pakisilip naman po ang mga utang ni Villar sa BSP, ang mga utang nila RAMON JACINTO, RONNIE ZAMORA, JOE DE VENECIA at madami pang ibang mga pulitiko. Iilan lamang yan sa mga nababanggit sa balita na may mga malalaking utang sa gobyerno.
hopeless_race : Nagmimistulang "small time" lamang ang malversation of funds kumpara sa laki ng kinakamal ng mga umuutang sa gobyerno. At ito ay malinaw na natatakbuhan dahil hindi nga naman pwede makulong ang may-ari ng kumpanya sa pagkaka-utang lamang. Tunay na mga tuso at magagaling sa batas itong mga politiko natin. Masasabi ko na malamang lahat ng mga politiko ganito ang diskarte...wala pang kulong.
hopeless_race : PCIJ pkitingnan naman po ang mga gaya ni Villar na my malaking utang sa Gobyerno pero tinatakbuhan. Magtatayo ng kumpanya at uutang ng bilyon bilyon sa gobyerno ng walang balak bayaran. Tunay ngang walang nakukulong sa utang...ito ang prinsipyo ginagamit ng mga politiko ntin kaya nakakapagtaka kung san napupunta ang daang bilyong pera ng gobyerno.
hopeless_race : Sana itreat naman po ng media ang hacienda luisita at mendiola massacre na parang MAGUINADANAO MASSACRE. Ipublicized ang mga katotohanan at ipakita sa tao ang karumaldumal na pinaggagawa sa mga farmers dun. Untouchable po ba sila cory at danding at hindi magawang batikusin ng media about these two massacres?
hopeless_race : Kapag napaguusapan ang mendiola at hacienda luisita massacre ay parang walang nangyari at parang hindi big deal. Anu po ba ang pinagkaiba ng dalawang nabanggit na massacre sa maguindanao massacre?
hopeless_race : Its sad that we pinoys are blind to the fact of what had happened in mendiola and hacienda luisita. Ang tanong..bakit ang media ay hindi manlang matackle ang ganitong usapin? Takot ba sila kay cory at danding?
hopeless_race : Wilkins" brand, for P1.4 billion.-1999 Sugarland Multi-Food Corp. for P2.9 billion 2001- Purefoods Corp P7 billion P60 billion Coca-Cola ... See More 2002- Cosmos Bottling Corp. from RFM Corp. for P14.1 billion October 2008- GSIS' shares in Meralco worth PHP30 Billion. December 2008- country's biggest oil refiner, Petron Corporation. international company shopping spree: Australian boutique brewer J. Boag and Son for A$96 million in 2000. $97 million for Thai Amarit Brewery Ltd $35.5 mi
hopeless_race : Gud am..glad to be back.
jr_lad : rip mr. alecks pabico. you'll be greatly missed!
sevens21 : Dati input mo lng name at SSS ID makukuha mo agad STATIC INFO...
sevens21 : tawag ka sa HOTLINE nila walang ANSWER grrr we need pa namn ng static info SSS Gising!!!
sevens21 : Gawa naman po kayo ng article about SSS. Pangit ng site nila dali ma blocked ng account
guest_899 : we must check the background of each potential candidates to avoid having another big mistake like GMA
guest_899 : congratulations to PCIJ, more power and God Bless !
jazzymuver : how did Arroyo swallow that kind of things!! how come that she just spend the money our countrymen for her own sake!!
guest_3664 : i would be glad if u can include the investigation of the manner public officials announce infra projects as per COA regulation. It is frustrating to see their faces on the tarpaulin instead of the prescribed information like name of project, date of implementation,amount of contract, source/s of fund, among other things. This is very rampant here in Marikina. Thanks and more power on your noble endeavors. We need people like you to have make our country great again.
jhanz_08 : im making research on R.A 9136...with rgards to the privatization of NPC..could someone out there can let me understand more bout this matter?why was monopoly dismantled?email me..jhanycem@yahoo.com...thanks much
erika marie : P.S.:) my paper is due next week and i do hope someone could provide me these reports coming from reliable resources thank you ulit.
erika marie : P.S.
guest_4275 : i am currently doing a study regarding political killings in the philippines. could someone out there please send me human rights reports under Aquino and Ramos administration. you could send it at my email: erikamariet@yahoo.com your response would surely be very much appreciated. thank you everyone. god bless.
guest_4275 : i am currently doing a study for my paper regarding political killings in the philippines. i noted that there are no human rights reports during the Aquino and Ramos administration. could someone out there please send me reports regarding these matter? i do hope these reports came from reliable resources you could send it in my email; erikamariet@yahoo.comyour response would surely be appreciated. thanks everyone. god bless.
jayson bourne : gusto ko po maging member ng PCIJ, panu po ba? may application po ba? sana mapadalhan nyo ako ng info sa email ko... www.jboxpenshoppe@yahoo.com
jayson bourne : cory is OK, but kris & Noynoy sensationalize masyado...
guest_9891 : LABAN pa rin!
meow : boycotts worked during marcos years. how about doing it now against the businesses of the con-ass congressmen?
meow : aside from 168, what other establishments can we boycott that belong to the arroyos and their cronies?
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CSC backs Palace on Mike Luz’s transfer to DOLE

Posted by: Avigail Olarte | February 5, 2006 at 4:52 pm
Filed under: Governance

THE Civil Service Commission (CSC) upheld last Wednesday Malacañang’s decision reassigning Education Undersecretary for finance Juan Miguel Luz to the Department of Labor and Employment (DOLE).

The commission said Luz’s reassignment was a "management prerogative exercised by the President" in the best interest of public service.

The decision was concurred in by Commissioners J. Waldemar Valmores and Cesar Buenaflor.

CSC Chairperson Karina Constantino-David dissented, pointing out that Luz holds a career executive service officer or CESO rank and enjoys security of tenure "such that he can be removed from his position only for cause and after observing his right to due process."

Malacanang fired Luz on Sept. 13, two days after the PCIJ reported the Department of Education’s (DepEd) refusal to accept three postdated checks (P15 million in all) the Palace had issued for the scholarship program of Zambales Rep. Antonio Diaz. DepEd said this violated auditing rules and accounting procedure.

The postdated checks were released at a time the House justice committee was conducting hearings on the impeachment complaint against President Arroyo, raising suspicions that DepEd was being used to launder money for legislators who supported the president.

Luz received his walking papers from Executive Secretary Eduardo Ermita, who later issued another order transferring him to DOLE.

Luz subsequently sued the Palace before the CSC, branding the transfer as an illegal and blatant disregard of his rights as a civil servant.

In his complaint, Luz said the order to transfer him was obviously done for political reasons and that he was being sacked for doing the right thing. His lawyers said there was an apparent intent of Malacanang to "float" the undersecretary as "punishment" because there was no vacant position of undersecretary at DOLE.

Luz further argued that the transfer was not done "in the interest of public service" because, he said, the public would be better served if he remained at DepEd.

In its 11-page ruling, however, the CSC said since Luz had accepted his appointment as DepEd undersecretary as being coterminous with Arroyo’s term, his "continuity in the service is based on the trust and confidence of President Arroyo and is subject to her pleasure." This means he has no tenurial security to his position, it said.

The CSC also ruled that it has no jurisdiction over the complaint filed by Luz. Under the law, an official with CESO rank like Luz can appeal his case to the president if he believes that his transfer is not justified, it said.

In her 15-page dissenting opinion, CSC Chairperson David said, however, the commission has the exclusive jurisdiction on the appeal, being the sole arbiter of controversies relating to civil service.

David agreed with Luz that his reassignment was done in bad faith. Luz, she said, holds a crucial position in the biggest department in government.

"If a career official can be taken out of the department (either by termination or by other means such as reassignment), for no apparent reason, then the ‘insecurity’ of the rest of the career bureaucracy is a reality," she said.

"No matter how the reassignment is justified and packaged, the career people would know why Luz was taken out," David said. "The message that is being sent is that career officials better tow the line that is set by the political leadership, no matter what, lest you be another Luz."

Commissioner Buenaflor issued an extended concurring opinion stating that the CSC, having no jurisdiction over the appeal, "will and must not intrude into the wisdom" of the appointing authority. He argued that the determination of what constitutes "in the interest of public service" lies in the prerogative of the President. "Bad faith and grave abuse of discretion are never presumed," he said.

Buenaflor, a former CSC regional director, is an Arroyo appointee. Prior to his appointment as CSC commissioner, he was named commissioner of the Presidential Anti-Graft Commission in 2001 by President Arroyo.

Commissioner Valmores, the first Mindanaoan to be appointed CSC commissioner, recently retired from the CSC.

Atty. Rowena Guanzon, Luz’s lead counsel, said they will appeal the decision before the Court of Appeals.

See the CSC resolution here. Click on David’s dissenting opinion here and Buenaflor’s concurring opinion here.

This entry was posted on Sunday, February 5th, 2006 and is filed under Governance. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

16 people have left comments

I read the links provided and for the life of me, I can not figure out the Accounting Procedures used in disbursing the government funds and how they are accounted for and I am a CPA. I’d rather work for a company the like of Enron, at least I will understand what i will be doing. But luckily, I have not work in accoounting the day after I got that piece of paper from the PRC that says I am a cpa. Maybe too many smart accountants can also be not too good for the country treasury? Who else but good cpa’s will be able to do the laundry white and clean. Postdated check for government funds?. Schoolarships handed by Congressman ?(by gosh he’s my niece cousin). I can no longer understand, but I am not giving up, because I believe someday these people will themselve start to understand that in the end they are stabbing nobody but themselves.

naykika wrote on February 5, 2006 - 8:36 pm | Visit Link

CSC Chairperson Karina Constantino-David dissented, pointing out that Luz holds a career executive service officer or CESO rank and enjoys security of tenure “such that he can be removed from his position only for cause and after observing his right to due process.”

I CUT-N-PASTE the 4th paragraph above, because I STRONGLY BELEIVED responsible-right thinking government official should emulate Chairperson Karina Constantino-David. Her opinion on the issue is
upright and very responsible. The Chairperson is indeed HONORABLE.
Here is a very simple case of right defeated by wrong because of numbers game. Are we now indeed under the rule of “HORNED’ public administrators?
If I were a fairy, I will use my magic wand to multiply the likes of Karina Constantino-David and vanished perpetually those “HORNED” public administrators.

lokalokang matino wrote on February 6, 2006 - 1:22 am | Visit Link

puro kayo balasahan…ang dapat na balasahin nyo ay ang mga pag mumukha nyo…dahil wala na talaga kayong magawang magaleng para sa taong-bayan. kaya ang mga masa ay nangangamatay na sa pag babakasakaleng makatakas sa kahirapan na ang may likha ay kayong mga taong gobyerno…

ka emong wrote on February 6, 2006 - 7:09 am | Visit Link

SINO DAPAT ANG SISIHIN NATIN. ALAM NAMAN NINYO KUNG SINO ANG NAG DALA NG MALAS SA ATIN. NOON BA AY DINADAGSA BA NG MANONOOD ANG MGA SHOW KAHIT NA MAY PA PRENYO. NGAYON LANG DAHIL SA SOBRANG KAHIRAPAN NA AT PATULOY NA PINAHIHIRAPAN TAYO SA MGA BUWIS NA PINAPATONG AT PARA LANG MAKA NAKAW ANG MGA ARROVO AT ANG MGA GANID NA KOTONGRESS NA SILA ANG KIKITA NG HUSTO. SIMULA SA HELLO GARCI , SA MARCOS NA PERA, SA FERTILIZER FUND ANO PA AT SIGURADO KO NA HINDI LANG DOON SILA KUMUKUHA NG NAKAW. PATI ANG MGA HENERAL NA NAKA PUWESTO NGAYON AY MAGNANAKAW NA RIN. HINDI NATIN DAPAT SISIHIN ANG ABSCBN DAHIL HINDI SA KANILA NAGSIMULA ANG GULO. SA IBANG BANSA NA MAYAYAMAN AY NANGYAYARI RIN ITONG STAMPEDE PERO HINDI PARA KUMITA NG PERA PARA LANG TALAGANG MANOOND NG MGA IDOL NILA. DITO SA ATIN AY IBA. PERA ANG KAILANGAN NATIN KAYA KAHIT NA SA MALAYONG LUGAR AY DADAYUHIN NATIN PARA LANG KUMITA AT MAGBAKASAKALI. OO MATALINO SI ARROVO SA PAGNANAKAW.
G-GANID
M-MAGNANAKAW
A-AKO

vonpogi wrote on February 6, 2006 - 7:58 am | Visit Link

HANGGANG NAGYON AY NA IINIS AKO SA SAGOT NI NOLI DE CASTRO. TINANONG SIYA KUNG ANO ANG TULONG NA GAGAWIN NILA PARA SA MGA BIKTIMA. ANG SAGOT AY ……………………………………
ABA ANG DAPAT NA GUMASTOS ANG A B S - C B N DAHIL SILA ANG MAY PALABAS????????? ETO BA ANG DAPAT NIYA ISAGOT SA INTERVIEW?? GAGO… HINDI RIN DAPAT MAGING PRESIDENTE… KAHIT AKO AY DAPAT KONG ISAGOT AY ……. “GINAGAWA NA NAMIN ANG LAHAT PARA MATULUNGAN ANG MGA BIKTIMA OR NAMATAY NA TAO” AT PANANAGUTIN ANG MAY KASALANAN///… PERO ANG SAGOT NIYA AY NAKAKA INIS >>>> DAPAT ANG ABSCBN ANG MANAGOT?? GAGONG SAGOT…AYAW YATANG MABAWASAN ANG KANILANG NINANAKAW KAYA AYAW GUMASTOS ANG PAMAHALAAN. IBUNTON ANG SISI SA ABSBCN….KABAYAN GAGO KA PALA …..

vonpogi wrote on February 6, 2006 - 8:05 am | Visit Link

Indeed Mr Luz has a personal battle to be won here. I commend him for doing a series of right things. He is worth the emulation of all civil servants.

I admired the steps that he is doing, file a case in CSC. And when the the body did not rule in his favor file an appeal to in Court of Appeals. I hope he would never stop figthing up to the Supreme Court.

rego wrote on February 6, 2006 - 12:09 pm | Visit Link

ibang klase talaga etong si fpgma (fake president gloria macapagal arroyo). binaboy na lahat ng ahensiya ng gobyerno. mapa lower house, supreme court, comelec, afp, doj, dept of agriculture, denr, foreign affairs, dilg, name it (may nakalimutan pa ba ako?). and now csc (except for one principled lady in the name of chairperson david). GRABE! what a mockery! i wont be surprised if chairperson david will be the next subject of midget’s ire. it’s becoming a habit of pandakekok.

just to prove how dirty fpgma plays, ang latest na balasahan sa kanyang mga gabinete, puno the laundry man is back in dilg. recycled goods na etong si puno. sira na reputasyon pero ibinalik pa rin. anong good governance ang pinagsasabi netong si pandakekok? high moral standard? meron ba siya neto? trapong-trapo ang dating. the truth of the matter is that her priority is all about survival and nothing more.

talagang assembly na ng mga wicked people ang gabinete ni fpgma.

ang masasabi ko lang sa mga matitino na gusto pang sumali sa administrasyon ni glue-ria:

“Do not enter the path of the wicked, and do not walk in the way of evil. For the way of the wicked is like darkness, they do not know what makes them stumble”. Book of Proverbs.

jr_lad wrote on February 6, 2006 - 1:14 pm | Visit Link

On the other hand, people of known probity and integrity like Mr Luz and Ms David should be encourage to be in the government so they can effectively fight the any dirty tricks of the government. So people like Davide, Abueva, Peter Favila, Margarito Teves and the like should even be encourage to seek posistions in the present government. I was thinking had Dinky and the rest of Hyatt 10 did not resign, they would be even more effective like Ms David. Now nobody even remember the names of Hyatt 10…

rego wrote on February 6, 2006 - 8:52 pm | Visit Link

[...] Read the PCIJ report here. [...]

Uniffors - Just another harmless weblog » News Bulletin : Luz loses case against GMA wrote on February 6, 2006 - 9:44 pm | Visit Link

You’re right about Puno, Jr_lad. That guy stinks like fresh crap. He was responsible for Motorola selling, and moving out of its huge Laguna plant and went overseas ‘cuz of the failed radio deal back in 2001(?).

That, for you guys, is GMA’s poster boy for attracting foreign investment.

tongue in, anew wrote on February 7, 2006 - 8:07 am | Visit Link

[...] EDUCATION Undersecretary for finance Juan Miguel Luz expressed disappointment over a recent ruling of the Civil Service Commission upholding Malacanang’s order transferring him to the Department of Labor and Employment. [...]

INSIDE PCIJ: Stories behind our stories » Mike Luz: ‘CSC ruling weakens civil service’ wrote on February 9, 2006 - 9:45 am | Visit Link

can a servant be greater than his master? those good servants who are willing to testify in the senate are being shackled by eo 464. still remember gudani ang balutan? what happened to them for defying an order? and really, what happened to mike luz (another good servant) for refusing the order of his master? he was fired! was ms david effective? were she able to prevent it? a lot of questions leading to one answer. what glue-ria wants, glue-ria gets. she is the master afterall (i hope not for long. lightning might struck her and her lackeys).
goodluck anyway to the fight of mr. luz. maybe he will get reinstated… after 2010. such a tall order against sc chief justice panganiban.

jr_lad wrote on February 12, 2006 - 12:05 am | Visit Link

eo 464 is deemed by many as unconstitutional and instituted only to protect the seating govt. the best way to challenge it is to break it. If only there are a few who risk getting charge for defying that order and then challenge it all the way to highest court of the land, then and only then the irresponsible government stop passing stupid laws just to temporarily cover their bums.

naykika wrote on February 12, 2006 - 8:42 am | Visit Link

[...] Last Feb. 1, CSC Commissioners Cesar Buenaflor and J. Waldemar Valmores dismissed Luz’s petition for lack of jurisdiction. At the same time, though, they upheld the reassignment as legal and a “management prerogative” President Arroyo had exercised in the best interest of public service. [...]

INSIDE PCIJ: Stories behind our stories » Mike Luz asks CSC to reconsider ruling wrote on April 1, 2006 - 12:21 pm | Visit Link

[...] The CSC commissioners ruled against him last Feb. 1, save for Chair Karina Constantino-David. [...]

INSIDE PCIJ: Stories behind our stories » Mike Luz quits DepEd wrote on April 22, 2006 - 8:31 pm | Visit Link

[...] Luz, a career executive service officer or CESO, said he decided to resign from the government last April 21 and return to the private sector after he learned that it was highly unlikely that the CSC would decide his motion seeking reconsideration of its Feb. 1 ruling junking his suit against Executive Secretary Eduardo Ermita. [...]

INSIDE PCIJ: Stories behind our stories » Mike Luz hits Arroyo’s low regard for civil service wrote on May 11, 2006 - 9:48 pm | Visit Link