Olongapo SubicBay BatangGapo Newscenter

Monday, January 01, 2007

Customs chief wants Olongapo judge fired

FOR BLOCKING the transfer of a customs official to a new office, an Olongapo City judge's own job may be on the line after the Bureau of Customs asked the Supreme Court to dismiss the judge from the service.

Customs Commissioner Napoleon Morales has accused Olongapo Regional Trial Court Judge Ramon Caguioa of gross ignorance of the law, manifest partiality and conduct prejudicial to the best interest of the service in an administrative complaint filed before the Supreme Court, according to the BOC.

The complaint stemmed from Caguioa's issuance of a writ of preliminary injunction stopping Morales from implementing his own 2006 order reassigning Port of Subic district collector Andres Salvacion Jr. to the Port of Cagayan de Oro and replacing him with Marietta Zamoranos.

Morales said he had asked the Supreme Court to dismiss Caguioa from the service, which would result in his losing his retirement benefits and not allow his reemployment in the government.

According to Morales, Caguioa should not have entertained Salvacion's petition to stop the latter's transfer because this had become moot with Zamoranos' assumption of office.

Morales also said the issuance of the injunction was, in effect, a prejudgment of the case and a virtual acceptance of Salvacion's contention that his reassignment was improper.

He also said the parties involved had yet to present evidence to support their arguments.

Caguioa's complaint should have first been brought to the Civil Service Commission, which has exclusive jurisdiction over the transfer, reassignment and promotion of personnel, Morales said.

Morales also said Caguioa had no legal authority to interfere with the commissioner's prerogative under the Tariff and Customs Code of the Philippines to transfer or reassign customs personnel.

He said earlier Supreme Court rulings state that government employees whose appointments are not station-specific may be reassigned from one office to another within the same agency.

Customs personnel have been known to oppose their transfers in the past.

Some time ago, Port of Cebu collector Lourdes Mangaoang questioned her reassignment to the Port of Iloilo, saying it had not been approved by Finance Secretary Margarito Teves.

Carlos So, then district collector at the Manila International Container Port (MICP), did not immediately leave his post after being reassigned to the Office of the Commissioner--a move generally considered as being placed on floating status.
By Leila Salaverria - Inquirer

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