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A rush to judgment C.R.O.S.S.R.O.A.D.S Jonathan De la Cruz 09/08/2010

Wednesday, September 8, 2010

A rush to judgment

C.R.O.S.S.R.O.A.D.S
Jonathan De la Cruz
09/08/2010
While everybody is busy fixing blame and finger pointing in the aftermath of the Luneta hostage tragedy we are witness to another massacre taking place right inside the bureaucracy as heads of offices go their own way in implementing Executive Order (EO) 2 on the revocation of the appointments of so-called midnight appointees. It is bad enough that this order has thrown the career employees in government in a tizzy it is now being used by officials who should know better to disregard basic processes and civil service rules. A case in point is that involving our former colleague in the newspaper Malaya, Cheloy Garafil, and a number of co-workers who were given pink slips without the obligatory due process by no less than the government’s lawyer, Solicitor General Jose Anselmo Cadiz. Apparently, without any provocation and in complete disregard of the Supreme Court’s admonition for the executive department not to rush to judgment while the constitutionality and, yes, practicability of EO 2 is under question in the SC, Cadiz decided to take the law in his own hands and issued those pink slips. Garafil who used to be a prosecutor in the Department of Justice (DoJ) after some reflection decided to fight back and brought Cadiz to court. In her brief, Garafil argued that EO 2 has totally disregarded the basic right of due process to those like her who were unceremoniously terminated without the benefit of a fair and responsive hearing. Cadiz’ order for those he judged as “midnight appointees” like Garafil to slide back or revert to their previous positions effectively rendered them jobless since they were coming from outside the office. In her case, she was formerly a prosecutor with the DoJ for six years. Excerpts of her brief should give a window on the fate of those career officials within the bureaucracy suffering from the high handed manner by which heads of offices have been implementing EO 2. Here goes:.... MORE

SourceThe Daily Tribune

URL: http://www.tribuneonline.org/commentary/20100908com4.html

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