Capitol moves to overturn CSC ruling on Garces

The Cebu provincial government has petitioned the Civil Service Commission to overturn its order to reinstate Marivic Garces as head of the Provincial Social Welfare and Development Office (PSWDO).

The Capitol, through provincial legal officer Orvi Ortega, filed a motion for reconsideration last Sept. 19.

Garces, who was reassigned to the Integrated Provincial Health Office, informed reporters yesterday of the development.

In his appeal, Ortega argued that Garces’ reassignment to IPHO was not illegal as there was no reduction in rank, status and salary. He said then acting Gov. Agnes Magpale had the legal right to reassign Garces.

The CSC in June ordered the Cebu provincial government to immediately reinstate Garces as head of the PSWDO, a position she held for more than nine years under the administration of former governor Gwen Garcia.

The order was signed by CSC Commissioner Robert Martinez.

Constructive dismissal

In her petition to the CSC, Garces said then acting governor Magpale “effectively demoted her rank which is illegal and tantamount to constructive dismissal.” When Garcia served her six-month suspension last December, Magpale transferred Garces to IPHO. Garces afterwards filed an appeal at the CSC. However, upon Garcia’s return from suspension, Garces was reinstated as PSWDO head.

But when Cebu Gov. Hilario Davide III started his term on July, Garces was again transferred to the office of the Provincial Disaster Risk Reduction and Management Council. She was subsequently reassigned to the Danao District Hospital.