Scribd
Upload
278 views1 page

Pastor v. City of Pasig

Remedios Pastor was reassigned from her position as Budget Officer of Pasig City to the Office of the Municipal Administrator in 1992 pending an investigation into reports against her. After three years with no charges filed, she requested reinstatement to her former position but was instead reassigned to another unit of the city government. The Civil Service Commission ordered her reinstatement as Budget Officer, but the Court of Appeals overturned this decision. The Supreme Court ruled that Pastor's indefinite reassignment to different offices over nearly ten years amounted to an impermissible removal from her position as Budget Officer without cause.

Uploaded by

carmelafojas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
278 views1 page

Pastor v. City of Pasig

Remedios Pastor was reassigned from her position as Budget Officer of Pasig City to the Office of the Municipal Administrator in 1992 pending an investigation into reports against her. After three years with no charges filed, she requested reinstatement to her former position but was instead reassigned to another unit of the city government. The Civil Service Commission ordered her reinstatement as Budget Officer, but the Court of Appeals overturned this decision. The Supreme Court ruled that Pastor's indefinite reassignment to different offices over nearly ten years amounted to an impermissible removal from her position as Budget Officer without cause.

Uploaded by

carmelafojas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Pastor v.

City of Pasig
Transfers
Digest by Carmela Fojas

SUMMARY:
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 three years with no case filed against her, she asked for reinstatement to
her former position. But she was instead reassigned to another unit of the now city government.
Upon her complaint, the Civil Service Commission ordered her reinstatement as Budget Officer of
the City of Pasig. However, on appeal of the city government, the Court of Appeals set aside the
decision of the Civil Service Commission. Hence, this petition for certiorari.

ISSUE:
Whether or not the decision of the Court of Appeals should be set aside and that of the Civil Service
Commission reinstated YES

RATIO:
A reassignment that is indefinite and results in a reduction of rank, status, and salary is in
effect a constructive removal from office.
In this case, Pastors reassignment to different offices in the local government of Pasig City
is indefinite. She has been on floating assignments which cannot but amount to a diminution of her
rank, hence impermissible under the law. For all intents and purposes, her reassignment, lasting
nearly ten years, is a removal without cause as Budget officer of the City of Pasig.
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.

You might also like