Wednesday, October 5, 2011
ACTING Governor Genaro Alvarez said he will bring the appeal up to the Supreme Court just to stop the reinstatement of provincial accountant Merly Fortu.
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?In my entire 24 years in public service, I have never experienced that somebody raised her voice against me, especially from a government employee,? Alvarez pointed out.
However, he said that he will leave the matter to Governor Alfredo Mara�on Jr. on what legal action the Provincial Government would take on Fortu?s case.
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The Civil Service Commission (CSC) has ordered the reinstatement of�Fortu as provincial accountant and ordered the payment of her ?back salaries and benefits corresponding to the period of her illegal termination.?
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Provincial�Legal Officer Jose Maria�Valencia�said the Capitol has one to 100 options to take,�as he declared that they�will elevate the case against Fortu even up to the Supreme Court after the CSC ordered her reinstatement.
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Valencia�said he is already preparing the motion for reconsideration that will be filed with the CSC, adding that Fortu cannot yet return to her position.
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Fortu was ordered dismissed from government service by Negros Occidental governor Alfredo Maranon for grave misconduct.
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The case stemmed from a complaint filed by Vice Governor Genaro Alvarez, accusing Fortu�of hostility and arrogance when the latter was asked to explain the delayed processing�of purchase orders and requests for reimbursements�of expenses of Provincial Board Members.
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Alvarez said that this happened in a meeting,�July 1, 2010, where ?Out of the blue, Fortu spoke in a raised voice�denying any fault of her office.?
In his complaint, he said that instead of politely explaining how things work in her office, Fortu allegedly exchanged heated words�with him and further arrogantly challenged and agitated all persons present during the meeting to take court action.
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The decision will only become final if�Capitol will not file a motion for reconsideration within 15 days.
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?In our analysis, the CSC decision was wrong. First, we complied with the procedure, we provided due process, but as to the findings of the Commission that the raising of the voice of the respondent was not arrogant, it is quite questionable,?�Valencia said.
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?How can the Commission say that it is not arrogant when they were not here?? he asked.
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He added that based on the Commission, unless the Provincial Government can obtain a TRO and the Provincial Government will not implement it, they can be held in contempt.
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Valencia said he is studying the said provision ?because I don?t think the CSC can cite us for contempt.?
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He stressed that the case of Fortu is setting a bad example that elected public officials can just be shouted at.
Published in the Sun.Star Bacolod newspaper on October 05, 2011.
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