SC orders reinstatement of sacked CAAP official
MANILA, Philippines - The Supreme Court (SC) ordered the reinstatement of sacked Civil Aviation Authority of the Philippines (CAAP) deputy director-general for operations Daniel Dimagiba.
In a three-page resolution of the Second Division, dated September 5, the high court junked the petition filed by the current CAAP leadership against Dimagiba, an appointee of former President Gloria Macapagal-Arroyo.
The high court said it found no reversible error in the ruling of the Court of Appeals (CA) that ordered Dimagiba's immediate reinstatement. The appellate court ruled that the Director General of CAAP, who dismissed Dimagiba, does not have the disciplinary authority over him.
The high court ruled that said authority rests with the CAAP Board of Directors.
"After a perusal of the records, the Court resolves to Deny the instant petition for failure to show any reversible error on the part of the Court of Appeals (CA) in ruling that the Director General of petitioner Civil Aviation Authority of the Philippines (CAAP) does not possess the disciplinary authority over respondent Deputy Director General for Operations Daniel A. Dimagiba as the same is reposed in the CAAP Board of Directors (CAAP Board) that appointed him," the high court said.
The high court pointed out that the two deputy directors-general of the CAAP were exempt from the director-general's appointing authority based on Sec. 10 of the Implementing Rules and Regulations of Republic Act (RA) No. 9497 (Civil Aviation Authority Act of 2008).
The high court also ruled that the CAAP Board did not accord Dimagiba due process.
"[T]he Court notes that the Director General who filed the formal charges against respondent was the same person who created the Special Hearing and Adjudication Board affirmed its recommendation to dismiss respondent, and participated in the ratification of his own decision, negating respondent's right to due process," it pointed out.
Dimagiba was sacked by CAAP director-general Ruben Ciron for alleged grave misconduct, including the issuance of an Air Carrier Operating Certificate (ACOC) to Sky Aviation Services, Inc. (SASI) on Aug. 1, 2008, and collecting $1,500 per foreign student before signing certificates.
Pres. Aquino replaced Dimagiba with Napoleon Garcia.