Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 07-347
“A RESOLUTION TERMINATING THE APPOINTMENT OF NELSON P. DEVANADERA AS EXECUTIVE DIRECTOR III OF THE PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT STAFF EFFECTIVE OCTOBER 17, 2007 “
WHEREAS, R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992, Section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;
WHEREAS, Section 20 of said law empowers the PCSD to appoint the Executive Director of the Palawan Council for Sustainable Development Staff;
WHEREAS, the PCSD appointed Mr. Nelson P. Devanadera on a temporary status as Executive Director III of the PCSD Staff, effective August 13, 2004, which was disapproved on October 18, 2004 by the Civil Service Commission, and the Motion for Reconsideration thereof was denied on July 18, 2005 ;
WHEREAS, while the decision of the CSC on the original appointment of Nelson Devanadera was pending before the Commission en banc, the PCSD renewed the appointment of Devanadera on August 13, 2005, which renewal was again disapproved and Motion for Reconsideration thereof was denied by the CSC;
WHEREAS, on January 31, 2006, the PCSD filed a petition for review with the Court of Appeals praying for the reversal of the above-mentioned decision of the CSC, which petition was dismissed by Court of Appeals and the Motion for Reconsideration thereof was likewise denied;
WHEREAS, on June 26, 2007, the PCSD, through the Office of the Solicitor General, filed a petition for review before the Supreme Court seeking to reverse and set aside the above-mentioned decision of the Court of Appeals;
WHEREAS, in order to support the petition for review of the denial by the Civil Service Commission of the appointment of Mr. Nelson P. Devanadera pending before the Supreme Court, the Council deemed it necessary to maintain the status quo and accordingly appointed Mr. Nelson P. Devanadera, as Executive Director III, co-terminus with the appointing authority, effective August 13, 2007;
WHEREAS, the Supreme Court has issued its July 10, 2007 decision on the petition of the PCSD denying the same for failure to sufficiently show that the CSC committed any reversible error in issuing the challenged decision and resolution;
WHEREAS, the Motion for Reconsideration for the said decision was also denied by the Supreme Court on September 18, 2007, denying with finality the said Motion for Reconsideration of the latter’s July 10, 2007 Resolution there being no substantial arguments to warrant the reversal of the questioned resolution;
WHEREFORE, upon motion duly seconded, the Council resolves, as it is hereby resolved, to terminate the appointment of Mr. Nelson P. Devanadera, as hereby it is terminated, effective October 17, 2007, the date of receipt by the Office of the Solicitor General of the Supreme Court’s final decision;
RESOLVED FINALLY, that copies of this Resolution be furnished the Civil Service Commission and Mr. Nelson P. Devanadera for their information and guidance.
ADOPTED AND APPROVED this 14th day of December 2007 at Puerto Princesa City.
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I hereby certify that the above-quoted resolution has been duly adopted and approved by the PCSD on the 14th day of December 2007 at Puerto Princesa City.
|ROMEO B. DORADO
JOEL T. REYES