Quantcast
Latest Stories

SC upholds ouster of MMDA exec

By

INQUIRER FILE PHOTO

MANILA, Philippines—The Supreme Court has upheld Malacañang’s ouster of a senior executive of the Metropolitan Manila Development Authority (MMDA) who was an appointee of former President Gloria Macapagal-Arroyo.

Voting 15 to 0, the high court said Emmanuel Castro failed to prove that he has “a clear right to the office allegedly held unlawfully by another,” referring to his replacement, Emerson Carlos, as MMDA assistant general manager for operations (Agmo).

In a decision dated April 16 and written by Chief Justice Ma. Lourdes Sereno, the tribunal said De Castro did not possess the qualifications of a third-level career executive service officer (Ceso), required of an Agmo.

De Castro was appointed to the MMDA in July 29, 2009, by Arroyo and took his oath the following month.

Ochoa circular

On July 29, 2010, Executive Secretary Paquito Ochoa issued Memorandum Circular No. 2 directing all non-Ceso appointees to continue in office until their resignations have been accepted or their replacements have been appointed.

The next day, MMDA chairman Francis Tolentino reassigned De Castro, a non-Ceso, to the legal and legislative affairs office of the office of the general manager.

On Nov. 2, 2010, Tolentino designated Carlos as OIC of the Agmo office. De Castro’s name was taken off the MMDA payroll and was no longer paid his salary starting November 2010.

De Castro sought a clarification from the Career Executive Service Board (CESB), which said that the position of Agmo had not yet been classified and could not be considered as belonging to the career executive service.

He demanded the payment of his salaries and reinstatement. When his pleas went unheeded by the MMDA, he brought his case to the Office of the President.

On Jan. 4, 2011, however, President Aquino made Carlos’ appointment as Agmo permanent.

Quo warranto case

De Castro filed a quo warranto case against Carlos at the Supreme Court claiming that he had security of tenure and that the position of Agmo was not covered by Memorandum Circular No. 2 as the CESB had determined that it was not a career executive position.

Quo warranto is a legal procedure used to challenge an individual’s right or authority to the position he holds.

Carlos disagreed with De Castro’s position, arguing that De Castro had to be a Ceso in order to acquire security of tenure as Agmo.

In its decision, the high court said that the CESB had as early as 1994, declared as within the career executive service “all other managerial or executive positions in the government, including government-owned or -controlled corporations with original charters.”

The requirements were: the position is a career position, the position is above division chief level, and the duties and responsibilities of the position require performance of executive and managerial functions.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Emmanuel de Castro , Government offices and Agencies , Manila Development Authority (MMDA) , Philippines , Supreme Court




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. Henares on Pacquiao bashing: I did not start this
  2. ‘Mom, I love you,’ says text from student on sinking ferry
  3. ‘No real progress in PH if dynasties not dismantled’
  4. Massive infra spending set
  5. More legal woes for Cedric Lee
  6. Kim Henares needs a reprimand, says Cayetano
  7. Passengers denied chance to escape sinking South Korea ferry
  8. South Korea president shouted down by distraught parents
  9. Two Popes who would be saints
  10. Lacson’s wife loses diamond earring to thieves but recovers jewelry quickly with police arrest
  1. Kim Henares needs a reprimand, says Cayetano
  2. Suspect in Vhong Navarro mauling tries to leave PH
  3. More legal woes for Cedric Lee
  4. Fr. Suarez says last Mass on Easter before returning donated land to San Miguel
  5. ‘Mom, I love you,’ says text from student on sinking ferry
  6. MH370 co-pilot made mid-flight phone call – report
  7. ‘No real progress in PH if dynasties not dismantled’
  8. I’ll follow my conscience on Estrada, says JV Ejercito
  9. Massive infra spending set
  10. OFW brings MERS virus to Philippines
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Rookie, lady cops lauded for quick response to MOA heist
  4. Model Helena Belmonte wished ‘to slash her wrist and hope to die’
  5. Malaysia averts another air tragedy; pilot lands troubled plane safely
  6. Revilla says he was joking; Lacson stands by his story
  7. Revilla ‘consulted’ Lacson on how he evaded arrest
  8. Police rule out foul play in Helena Belmonte’s death as boyfriend is ‘traumatized’
  9. Cudia, dismissed for lying, got 99% in conduct
  10. Hammer-wielding robbers cause chaos at Philippines’ Mall of Asia
Advertisement

News

  • US teacher fired over comment on black president
  • Magnitude-7.5 earthquake shakes Mexican capital
  • Title of new Hillary Clinton book: ‘Hard Choices’
  • Filipinos, Dutch re-enact crucifixion of Christ
  • 14 killed in car bombing in Homs
  • Sports

  • Nadal ousted by Ferrer in Monte Carlo quarters
  • Pacquiao shorts in Bradley fight sold for P1.7M in LA auction
  • Ryu pitches Dodgers past Giants
  • Alonso sets the pace in Chinese GP practice
  • Heat seek Three-peat but Spurs, Pacers top seeds
  • Lifestyle

  • Levine designs womenswear with help from fiancee
  • Gabriel Garcia Marquez, Nobel laureate, dies at 87
  • Ford Mustang turns 50 atop Empire State Building
  • Pro visual artists, lensmen to judge Pagcor’s photo contest
  • ‘Labahita a la bacalao’
  • Entertainment

  • Myx TV premieres Asian American ‘docu-series’
  • A nutty finale for ‘Scandal,’ TV’s craziest show
  • EXO postpones release of mini album ‘Overdose’
  • ‘X-men’ filmmaker slams ‘fabricated’ sex attack claims
  • Singer Chris Brown’s bodyguard on trial in DC
  • Business

  • US commerce secretary spells out economic facet of ‘pivot to Asia’
  • Italy sells luxury state cars on eBay
  • Asian shares mostly up in quiet trade
  • Dollar up in Asia on US jobs data, Ukraine deal
  • Barbie doll has a problem
  • Technology

  • Nasa’s moon-orbiting robot crashes down
  • Netizens pay respects to Gabriel Garcia Marquez
  • Nokia recalls 30,000 chargers for Lumia 2520 tablet
  • Facebook rolls out ‘nearby friends’ feature
  • Netizens seethe over Aquino’s ‘sacrifice’ message
  • Opinion

  • Editorial cartoon, April 17, 2014
  • A humbler Church
  • Deepest darkness
  • ‘Agnihotra’ for Earth’s health
  • It’s the Holy Week, time to think of others
  • Global Nation

  • Las Vegas ‘Pinoy Pride’ fest hails Filipino heritage
  • Marking Jesus’ journey on Good Friday
  • Filipina accomplice arrested for fake bills in Malaysia
  • DoH denies Filipino nurse no longer positive for MERS virus
  • WHO warns vs spread of MERS-Cov, urges vigilance in taking precautions
  • Marketplace
    Advertisement