The Supreme Court (SC) logo is seen in front of the SC main building in Manila. INQUIRER file photo / LYN RILLON
MANILA, Philippines — The Supreme Court (SC) has affirmed the power of local chief executives to discipline erring officials and employees under their jurisdictions.
In a decision released Thursday through Associate Justice Ramon Paul Hernando, the SC reversed the Civil Service Commission and the Court of Appeals rulings that nullified the order of then Valenzuela Mayor, now Senator Sherwin Gatchalian, dismisses a city employee for sexually harassing an on-the-job trainee.
The SC said Gatchalian, as the city mayor, had the express power to discipline his subordinates.
It said the authority of local government chief executives is derived from Section 87 of the 1991 Local Government Code (LGC), and also – in sexual harassment charges — from Civil Service Commission (CSC) Resolution No. 01-0940 on the Rules on Sexual Harassment Cases.
Section 87 of LGC states that “except as otherwise provided by law, the local chief executive may impose the penalty of removal from service, demotion in rank, suspension for not more than one (1) year without pay, fine in an amount not exceeding six (6) months’ salary, or reprimand and otherwise discipline subordinate officials and employees under his jurisdiction.”
On the other hand Section 7, Rule VI of CSC Resolution No. 01-0940 states that a Committee on Decorum and Investigation (CODI) must be created in all national or local government agencies. If the committee has not been constituted, the head of office or agency should immediately create one.
In this case, the head office or agency that created the CODI is the city mayor.
“In fine, the CA committed reversible error in dismissing Gatchalian’s petition on the basis that the city mayor had no power to discipline [his subordinates] and that only the vice mayor has the sole jurisdiction to discipline [local government employees],” the SC said.
The SC said there is a legal basis for not reinstating the local official to his former position “since Gatchalian, through the CODI, had jurisdiction and authority to try the sexual harassment case.”
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