CA rules as illegal dismissal of 2 ex-ranking NBI execs
THE dismissal from service of former National Bureau of Investigation (NBI) deputy directors Reynaldo Esmeralda and Ruel Lasala in 2014 have been declared illegal by the Court of Appeals (CA).
In a 24-page decision, the CA’s Special Fourteenth Division said: “Petitioners dedicated and devoted service with respondent NBI was carried out with no other intention but to serve the public. In return, the government, including this Court, cannot fail them.”
In arriving at the decision, the appellate court reversed the twin rulings of the Office of the President on December 12, 2018 and January 27, 2021, which upheld the dismissal of Esmeralda and Lasala.
As a result, the Office of the President and NBI have been directed to reinstate Esmeralda to his former position as NBI Deputy Director III or its equivalent “without loss of seniority right and without gap in the continuity of government service as if he was not removed. ”
On the other hand, Lasala, who is already retired, the CA ordered the “immediate payment of his full back wages, salaries, incentives, benefits, and other monetary privileges and emoluments at the current rate from the time of his actual dismissal until he reached the compulsory age of retirement, including all the retirement and leave privileges that are due to him.”
Records showed that Malacañang ruled the position of deputy director III was considered a third level position requiring third-level eligibility under the Career Executive Service (CES).
Since Lasala and Esmeralda does not possess the required eligibility, they were considered as mere temporary appointees, who do not enjoy security of tenure.
It stressed that a CES employee can only attain security of tenure if he or she is CES eligible and is appointed to appropriate CES rank.
