“RESOLUTION INFORMING AND CLARIFYING TO THE CIVIL SERVICE COMMISSION THAT THE CASE OF MR. LEO EUSEV PALAO IS ALREADY BEING DELIBERATED UPON BY THE PCSD AND THAT THE SAME IS NOT WITHIN THE COMPETENCE OF OIC EXECUTIVE DIRECTOR ROMEO B. DORADO”

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 pursuant to the declared policy of the State to protect, develop and conserve its natural resources towards which, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country;

WHEREAS, Section 16 of this same law which has, -as its general philosophy, the sustainable development of Palawan and establishes, as its main strategy, a graded system of protection and development control over the whole of Palawan, known as the Environmentally Critical Areas Network (ECAN), provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

WHEREAS, Section 16 thereof provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

WHEREAS, on July 13, 2005, then Executive Director Nelson Devanadera informed Mr. Leo Palao that he would be dropped from the rolls effective August 5, 2005 due to his continued absence without approved leave (AWOL) of more than thirty (30) days, which dropping from the rolls was confirmed by the PCSD through the July 29, 2005 Resolution No. 05-259;

WHEREAS, on July 22, 2005, Mr. Leo Palao appealed the action of Executive Director Devanadera in dropping him from the rolls to CSCRO-IV on the ground that his leave applications were duly approved by then Executive Director Arzaga, which appeal was favorably acted upon by the CSCRO-IV, on March 30, 2006, in its Decision No. 060205 and was affirmed, on March 24, 2008, by the Commission en banc, through Resolution No. 080400;WHEREAS, on Petition for Review before the Court of Appeals, the latter issued its decision denying the same for lack of merit and affirming CSC Resolution 080400, which decision was further affirmed by the Supreme Court for failure of the PCSD to sufficiently show that the public respondent committed any reversible error in issuing the challenged decision and for non-compliance with the required verification and certification on non-forum shopping;

WHEREAS, upon Mr. Palao’s motion for execution, the CSC, in its Resolution No. 09-0701, granted the former’s request for the execution of CSC Resolution No. 08-0400 and directed OIC Executive Director Romeo B. Dorado to reinstate Palao to his former position or to a comparable position and to pay his back salaries starting from the effectivity date of his dropping from the rolls on August 5, 2005 up to his actual reinstatement;

WHEREAS, the position of Project Development Officer V in the PCSD Staff is within the competence of the PCSD (Council) as the latter is the appointing authority of the said position so much so that it was the latter’s act of approval that operated to drop

WHEREAS, this Council seriously considers that since the former position of Mr. Palao was already rationalized, without arguing as to the propriety of said rationalization, the reinstatement procedure still has to undergo the existing procedures provided for by the DBM and that, as such, this does not entirely depend upon the discretion of the PCSD and, much more, of the PCSD Staff OIC Executive Director;

WHEREFORE, upon motion, duly seconded, this Council RESOLVES, as it is hereby RESOLVED, TO INFORM AND CLARIFY TO” THE CIVIL SERVICE COMMISSION, as it is hereby informed and clarified, that THE CASE OF MR. PALAO IS ALREADY BEING DELIBERATED UPON BY THIS COUNCIL and that THE SAME IS NOT WITHIN THE COMPETENCE OF OIC EXECUTIVE DIRECTOR ROMEO B. DORADO since it involves a PDO V position;

RESOLVED FINALLY, that the Civil Service Commission be furnished a copy of this Resolution.

I hereby certify that the above-quoted Resolution has been duly approved and adopted by the PCSD on 26th day of August 2009 in Coron, Palawan.

ROMEO B. DORADO Secretary

APPROVED: HON. MARIO JOEL T. REYES Chair