G.R. No. 163109 - MARICHU G. EJERA, VS. BEAU HENRY L. MERTO AND ERWIN VERGARA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed: (1) That, pending trial, a temporary restraining order and/or preliminary injunction be immediately issued, ordering the defendants to cease and desist from investigating plaintiff for refusal to obey Office Order No. 008, Series of 2000, issued by defendant Beau Henry L. Merto, and to refrain from committing any and all acts which might impair the efficacy of said temporary restraining order and/or preliminary injunction; (2) That, after trial, judgment issue, declaring said Office Order No. 008, Series of 2000, as a violation of the Administrative Code of 1987, as implemented by the Omnibus Rules on Appointments and Other Personnel Actions issued by the Civil Service Commission, therefore, null and void; (3) That, after trial, the preliminary injunction be made permanent; (4) That, likewise after trial, defendants be ordered jointly and severally to pay plaintiff P500,000.00 moral damages, P200,000.00 exemplary damages, and P50,000.00 attorneys fees and litigation expenses, plus the costs. Plaintiff respectfully prays for such other relief just and equitable. [11] At the hearing on the issuance of the temporary restraining order, the RTC proposed the possible reconsideration of Office Order No. 008 especially because the petitioner complained of ill-health. The respondents expressed willingness to consider the proposal of the RTC, and promised to confer with the Provincial Governor. Later on, however, they manifested that they had apprised the Provincial Governor about the proposal but, with the Provincial Governor running for re-election, they could submit an approved written proposal only after the elections. [12] The RTC granted their prayer for an extension of time to submit their written proposal for an amicable settlement. [13] Shortly after the elections, the petitioner filed a motion to declare the respondents in default for failing to answer the complaint. [14] The RTC held in abeyance the resolution of the motion in view of the proposals and counterproposals regarding a compromise. [15] Later on, however, the respondents manifested that because the possible compromise would involve an order for a transfer or detail of the petitioner to another place, they and the Provincial Governor could not act because the Omnibus Election Code prohibited the appointment, promotion, and transfer of civil servants during the campaign period from January 2, 2001 to June 13, 2001 pursuant to COMELEC Resolution No. 3401. [16] Accordingly, the RTC declared the respondents in default. [17] Prior to the ex parte hearing of the case on the merits, the petitioner moved for the admission of a supplemental complaint in order to implead Gregorio P. Paltinca, the Officer-in-Charge of the Office of the Provincial Agriculturist, for issuing on June 29, 2001 Office Order No. 005, Series of 2001, to amend Office Order No. 008. [18] Office Order No. 005 was re-assigning her to Barangays Balanan, Sandulot, and Jumalon in the Mu