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DA exec denies accusations by dismissed employees
In a statement, Carpio said the dismissal from service of all the complainants, contrary to their claim, “was legal, just and in compliance with existing laws and regulations.
” (File Photo from Waldo Carpio’s Facebook via PNA)
MANILA — Department of Agriculture (DA) Undersecretary for Special Concerns Waldo Carpio on Friday denied accusations being made against him by dismissed employees of the agency.
In a statement, Carpio said the dismissal from service of all the complainants, contrary to their claim, “was legal, just and in compliance with existing laws and regulations.”
“As Contract of Service Employees, their service is governed by the CSC-COA-DBM (Civil Service Commission – Commission on Audit – Department of Budget and Management) Joint Circular No. 1, s. 2017 and 2018 and their service is governed by the terms and conditions provided for in their contracts and not the Labor Code.
They have no security of tenure and that there is no employer-employee relationship between the complainants and the Department,” he noted.
Carpio said the documents show that, while their contracts are valid up to Dec. 31, 2019, these contracts can, however, “be pre-terminated by either party, the Complainants or the Department of Agriculture, by giving notice in writing, 15 days prior to termination.
This is found in item 9 of their contracts.”
“Contrary to their claim of abrupt, arbitrary and immediate dismissal, all of the complainants were notified of their termination 15 days prior to its effectivity in strict compliance with the terms and conditions of their contract,” he added.
The formal complaint, which was addressed to President Rodrigo Duterte, against Carpio stems from the alleged sudden termination of the contract of service of 10 contractual employees assigned at the Farm-to-Market Road Development Program (FMRDP) of the DA, all claiming to have a valid contract effective until December 2019.
The complainants, Marissa Aguilar (Senior Administrative Assistant I); Leslie Albano (Project Assistant III); April Joy Ayson (Administrative Assistant III); Mark Paul Baldeo (Engineer II); Norman Boloron (Administrative Assistant V); Alberto Cachero (Project Assistant III); Robin Christopher Cueva (Project Assistant IV); Jerry Gregorio (Administrative Assistant VI); William Inguito Jr. (Project Assistant IV); and Rea Queen Migalbin (Project Assistant IV), alleged that aside from the abrupt dismissal, Carpio has committed grave abuse of authority by illegally transferring contractual employees from other sections to replace them.
The complainants also denounced the non-payment of salary due.
They said their termination was arbitrary and violated rules under the labor code.
However, Carpio said that upon verification, the alleged non-payment of salary “was due to pending compliance of clearance by the complainants to the General Services Division of the Department.”
In fact, he said, as far as the Undersecretary for Special Concerns is concerned, the complainants have already been cleared.
“The (DA) Undersecretary did not commit any abuse of authority despite the claims of the complainants. As previously stated, the service of contract of service personnel is governed by the terms and conditions provided for in their contracts,” he said.
