061807: Owwa gets go-ahead on reorganization

By Joel San Juan

Reporter

THE Supreme Court has given the Overseas Workers’ Welfare Administration (Owwa) the green light to proceed with the implementation of its new organizational structure as approved by its board of trustees on January 9, 2004. In a 23-page decision written by Associate Justice Minita Chico-Na-zario, the Court’s Third Division set aside the rulings of the regional trial court of Pasay City and the Court of Appeals, which granted the petition for the issuance of a writ of preliminary injunction restraining OWWA from enforcing Board Resolution 001 titled, “Approving the Structure Of the Overseas Workers Welfare Administration (OWWA).” Branch 117 of the Pasay RTC, in an order issued on September 30, 2004, gave credence to the petition of a group of employees asserting that OWWA’s reorganization was null and void as it was done without the required legislative enactment pursuant to Republic Act 6656. That law ensures the protection of the security of tenure of civil service officers and employees in the implementation of government reorganization. The Pasay court noted that the assailed board resolution was not merely a formalization of the organizational structure and staffing pattern of the OWWA, but a disruption of the existing organization which displaces a number of regular employees, including consultants, casual and contractual employees. On September 20, 2005, the appellate court affirmed the writ of preliminary injunction issued by the lower court, prompting OWWA, through administrator Mariano Roque, to elevate the case before the Supreme Court and seek the reversal of the lower court and CA decisions. In its petition, OWWA told the High Court there is no more basis for the lower court to issue a writ of preliminary injunction since the reorganization has already been implemented. The agency, through the Office of the Solicitor General (OSG), also insisted that the reorganization does not require an amendatory law, contrary to the claim of respondent employees, since OWWA has no previous organization structure. The OSG also denied the employees’ claim that the reorganization will consequently result in the displacement of permanent employees who will be reassigned to OWWA’s regional offices. It also maintained that the complaining employees have no legal standing to obtain a writ of preliminary injunction, considering that they were not displaced or are in danger of being dismissed due to the reorganization. In granting OWWA’s petition to lift the preliminary injunction, the High Tribunal said the Pasay court committed grave abuse of discretion amounting to lack of jurisdiction in issuing the writ of preliminary injunction. The lower court did not maintain the status quo when it issued the injunction but effectively restored the situation prior to the status quo, said the Supreme Court.

 

http://www.businessmirror.com.ph/06182007/headlines010.html