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Legal Memorandum 5

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  REPUBLIC OF THE PHILIPPINESCIVIL SERVICE COMMISSION Constitution Hills, Quezon City  JUAN MIGUEL LUZ , Appellant,-versus-Case No.  THE EXECUTIVE SECRETARYEDUARDO ERMITA , Appellee. x------------------------------------------x Prefatory Statement Integrity, competence, love of country and dedication topublic service are qualities expected of all public servants. Yet,those who possess these are often not only unrewarded, but alsopunished for standing up for their principles. In a government where politics can kill a public servant’s dedication andenthusiasm for service, the principles of merit, fitness, andsecurity of tenure as well as the rules of the Civil ServiceCommission are often on a collision course with the demands ofpolitics and politicians.  This Appeal by Juan Miguel Luz is a classic case of a goodand honest civil servant, a Career Service Executive Officer, who 1  suffers the punishment of termination and later, a transfer, fromno less than the Office of the President for refusing to perform anunlawful act and for doing what he believed was right.  The Appellant files this Appeal in the fervent hope that theresolution of the issues in this case will enrich law and jurisprudence, instill belief in justice and fairness and inspire thefew who remain vigilant in their fight against corruption.  The Case  This is an appeal from the Order of the Honorable ExecutiveSecretary reassigning Appellant Juan Miguel Luz, a Career ServiceExecutive Officer and Undersecretary, Finance & Administration ofthe Department of Education (hereafter called “DepED”), to theDepartment of Labor and Employment (hereafter called “DOLE”).  Timeliness of the Appeal  The Appellant received a copy of the Memorandum of the Appellee Executive Secretary Eduardo Ermita (hereafter called“Executive Secretary”) on 04 October 2005, hence this Appeal is being filed on time. A certified true copy of this memorandum isattached as  Annex “A” . 2   The Parties  APPELLANT Juan Miguel Luz (hereafter called “Appellant”)is a Filipino, of legal age, residing at 326 St. Joseph Street, NorthConcha Cruz Circle, B.F. Executive Homes, Las Pinas City. He is aCareer Service Officer (CESO) and is fully qualified for the positionof Undersecretary of Education (Finance & Administration) whichhe is currently occupying. A certified true copy of his CESOcertification is attached as  Annex “B”.   Appellant may be served with copies of pleadings, notices, orders and other issuances ofthis Honorable Office through undersigned counsel. APPELLEE Eduardo Ermita (hereafter referred to as the“Appellee”) is the Executive Secretary who signed the orderreassigning the Appellant to the DOLE. Facts of the Case  The Appellant’s Qualifications1. Appellant has sterling qualifications for the position ofUndersecretary of the DepED. His previous employment withGovernment prior to his position in the DepED was with the 3  Presidential Management Staff (Office of the President) during the Administration of President Corazon C. Aquino. Outside ofgovernment, the Appellant was the associate director of PhilippineBusiness for Social Progress (hereafter referred to as “PBSP”), thelargest social development NGO in the country, and in was aprofessor at the Asian Institute of Management, one of Asia’sleading business schools. 2. As the associate director of PBSP from 1985-87 and1993-95, he headed training, research and programs developmentand organized and led the team that drafted the management planfor the Third Elementary Education Project (TEEP) of theDepartment of Education, Culture and Sports funded by the WorldBank. 3. In 1987, he was appointed Presidential Staff Director ofthe Presidential Management Staff in the Office of the Presient(hereafter referred to as “PMS”) during the administration ofPresident Corazon C. Aquino, where he stayed until mid-1991. Ashead of the Regional Operations Group and the Political AffairsGroup, he worked on a number of major projects including localgovernment autonomy and the establishment of the AutonomousRegion in Muslim Mindanao. Because of his experience withPBSP, he was tasked with setting up the newly created President’sSocial Fund (PSF), the source of the post-dated checks that figured 4
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