Dismissed aviation exec gets job backPhilippine Daily Inquirer
The Supreme Court has ordered the immediate reinstatement of a Civil Aviation Authority of the Philippines (CAAP) official who was sacked in 2009 for alleged grave misconduct.
In a three-page resolution handed down on Sept. 5, the Supreme Court’s Second Division denied the petition of the current CAAP administration against Daniel Dimagiba, deputy director general for operations, saying his dismissal violated civil service rules.
Dimagiba’s position was filled twice since he was fired in 2009. The position is now occupied by Napoleon Garcia.
The court said it did not see any reversible error in the findings of the Court of Appeals that CAAP Director General Ruben Ciron did not have disciplinary authority over Dimagiba.
The Supreme Court pointed out that the implementation rules of the Civil Aviation Authority Act of 2008 specifically excepted the two deputy directors general of the agency from the director general’s appointing authority and made their appointments subject to the approval of the CAAP board.
But the CAAP board merely adopted Ciron’s decision to fire Dimagiba, ignoring his right to due process, the court said. Jerome Aning