G.R. No. 127182 - HON. ALMA G. DE LEON, CHAIRMAN, HON. THELMA P. GAMINDE, COMMISSIONER, AND HON. RAMON P. ERENETA, JR., COMMISSIONER, CIVIL SERVICE COMMISSION, AND SECRETARY RAFAEL M. ALUNAN, III, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, VS. HON. COURT OF APPEALS AND JACOB F. MONTESA.D E C I S I

Ruling

Accordingly, private respondent was advised to report to Region XI immediately. Private respondent wrote a memorandum dated December 12, 1994, [12] requesting for a reconsideration of Department Order No. 94-370, but to no avail. Private respondent appealed to the Civil Service Commission and the latter issued Resolution No. 95-3268, [13] dated May 23, 1995 which sustained his reassignment to Region XI, on the grounds that: 1) the subject reassignment was not violative of the due process clause of the Constitution or of private respondent's right to security of tenure; 2) the reassignment did not entail any reduction in rank or status; 3) private respondent could be reassigned from one station to another without his consent as the rule against unconsented transfer applies only to an officer who is appointed to a particular station, and not merely assigned thereto. Private respondent's motion for reconsideration of the aforesaid Resolution was similarly denied by the Commission in Resolution No. 955201 dated August 22, 1995. [14] On October 10, 1995, the Department directed private respondent to report to his new assigned post in Region XI, stressing that his continued non-compliance with D.O. No. 94-370 is prejudicial to the interest of public service, particularly in Region XI. Private respondent was also warned that upon his failure to comply, the Department shall be constrained to consider him on Absence Without Leave (AWOL) and as a consequence, drop him from the rolls of public service. [15] Instead of complying therewith, private respondent, on October 23, 1995, filed with the Court of Appeals a Petition for Review with prayer for the issuance of a temporary restraining order and/or preliminary injunction. No restraining order or preliminary injunction, however, was issued by the court. On December 13, 1995, then President Fidel V. Ramos, upon the recommendation of the Department, issued Administrative Order No. 235, dropping private respondent Atty. Jacob F. Montesa, Director III, Legal Service, from the roster of public servants for serious neglect of duty and absences without leave (AWOL). [16] On April 25, 1996, the Court of Appeals rendered its decision in favor of private respondent, holding as follows: WHEREFORE, the petition is GRANTED. Department Order No. 94-370 in so far as it affects petitioner, Jacob F. Montesa, is hereby declared null and void. Petitioner is hereby ordered retained in his position as "Chief, Legal Service" or "Department Legal Counsel" in the DILG, without loss of seniority, rank, emolument and privileges. The DILG Secretary is hereby ordered to release to petitioner his withheld salaries corresponding to the period July 15-21, 1995 and his back salaries, if also withheld, corresponding to the period July 22, 1995 to September 27, 1995. Finding that petitioner has not paid the amount of P500.00 as deposit for costs (page 1, Rollo), he is hereby ordered to pay the same to the Clerk of this Court within five (5)