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Validity of Employee Reassignment

The document discusses reassignment of employees under the Administrative Code of 1987 and a relevant case, Pastor v. City of Pasig. It provides that an employee may be reassigned to another unit in the same agency as long as it does not involve a reduction in rank, status, or salary. The case involved a budget officer who was indefinitely reassigned pending investigation and later to another position, which was ruled an effective removal from office since it resulted in reduction of rank, status, and salary. The court held that reassignment cannot be used to circumvent protections for civil service employees.

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42 views4 pages

Validity of Employee Reassignment

The document discusses reassignment of employees under the Administrative Code of 1987 and a relevant case, Pastor v. City of Pasig. It provides that an employee may be reassigned to another unit in the same agency as long as it does not involve a reduction in rank, status, or salary. The case involved a budget officer who was indefinitely reassigned pending investigation and later to another position, which was ruled an effective removal from office since it resulted in reduction of rank, status, and salary. The court held that reassignment cannot be used to circumvent protections for civil service employees.

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© All Rights Reserved
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Download as PPTX, PDF, TXT or read online on Scribd

Reassignment

By Zyrem Eunice Lacdao


Book V, Title I, Subtitle A, 26(7) of
Executive Order No. 292, otherwise
known as the Administrative Code of
1987, provides:

Reassignment. - An employee may be


reassigned from one organizational unit
to another in the same agency: Provided,
That such reassignment shall not involve
a reduction in rank, status, or salary.
Pastor v. City of Pasig
G.R. No. 146873, May 9, 2002
FACTS:
 Remedios Pastor was the Budget Officer of the Municipality (now
City) of Pasig.
 In 1992, she was reassigned to the Office of the Municipal
Administrator pending investigation of reports against her concerning
the issuance of Advice of Allotments by her without sufficient cash
collections.
 In 1995, after 3 years with no case filed against her, she asked for
reinstatement to her former position. But she was instead reassigned
as Head of City Hall Annex of the now city government.
 Upon her complaint, the CSC ordered her reinstatement as Budget
Officer of the City of Pasig. However, on appeal of the city
government, the CA set aside the decision of the CSC. Hence, this
petition for certiorari.
ISSUE:
 Whether or not the reassignment is valid
RULING:
 No.
 A reassignment that is indefinite and results in a
reduction of rank, status, and salary is in effect a
constructive removal from office.
 Reassignment cannot be undertaken when the transfer
of the employee is with a view to his removal and if the
transfer is resorted to as a scheme to lure the employee
away from his permanent position, because such
attitude is improper as it would in effect result in the
circumvention of the prohibition which safeguards the
tenure of office of those who are in the civil service.

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