G.R. No. 190422; June 19, 2012
Russel Ulysses I. Nieves, Petitioner, vs. Jocelyn LB. Blanco, in her capacity as the Regional Director, Regional Office No. V, Department of Trade and Industry, Respondent.
FACTS
Petitioner Russel Ulysses I. Nieves, a regular employee of the Department of Trade and Industry (DTI) holding the position of Trade and Industry Development Specialist, was reassigned from DTI-Sorsogon to DTI-Albay by Regional Director Jocelyn LB. Blanco through an order dated February 10, 2005. Nieves complied with the order but, after one year, requested reassignment back to his original station, invoking Section 6(a) of the Omnibus Rules on Appointments as amended by CSC Memorandum Circular No. 02-05 (Revised Rules on Reassignment). He argued that reassignment of employees with a station-specific place of work is limited to a maximum period of one year. Blanco denied his request, asserting that Nieves’ appointment was not station-specific and thus the one-year limitation did not apply. Nieves then filed an administrative complaint against Blanco before the Civil Service Commission (CSC).
The CSC, while dismissing the administrative complaint for lack of jurisdiction over Blanco as a presidential appointee, ruled on the propriety of the reassignment. It held that even if the appointment was not station-specific, a reassignment outside the geographical location without the employee’s consent could not exceed one year. It thus ordered Nieves’ reinstatement to DTI-Sorsogon. The Court of Appeals reversed the CSC, ruling that the reassignment from one provincial office to another within the same region (Region V) did not constitute “reassignment outside geographical location” as contemplated by the rules, and thus the one-year limit was inapplicable.
ISSUE
Whether the reassignment of Nieves from DTI-Sorsogon to DTI-Albay, both within DTI Regional Office No. V, is a “reassignment outside geographical location” subject to the one-year maximum period under the Revised Rules on Reassignment.
RULING
The Supreme Court denied the petition and affirmed the Court of Appeals. The legal logic centers on the interpretation of the phrase “reassignment outside geographical location” under the Revised Rules on Reassignment. The Court held that such reassignment refers only to movements from one regional office to another, or between a regional office and the central office. It does not encompass reassignments between provincial offices within the same region. Since both DTI-Sorsogon and DTI-Albay are under the same regional office (Region V), Nieves’ transfer was an intra-regional reassignment, not one “outside geographical location.” Consequently, the one-year limitation for reassignments made without consent does not apply. The Court further noted that reassignments are presumed regular and in the interest of public service, and Nieves failed to substantiate his claim of constructive dismissal. Therefore, Blanco’s denial of his request for reassignment back to Sorsogon was valid.
