THE Court of Appeals has sustained the reinstatement of the head of the Bureau of Immigration’s Intelligence Division who was transferred by then Justice Secretary and now Senator Leila de Lima to a division in the Department of Justice five years ago.
In a 10-page decision, the CA’s First Division, through Associate Justice Romeo Barza, dismissed the petition for review of the BI and upheld the decision of the Civil Service Commission declaring as “not in order” the 2011 directives issued by Justice Secretary Leila de Lima, removing Atty. Faizal Hussin as chief of the bureau’s Intelligence Division.
The appellate court directed the Secretary of Justice to restore Hussin to his original position until the case reaches finality.
The case arose when on March 3, 2011, De Lima designated lawyer Antonette Bucasas-Mangrobang as acting chief of the BI’s Intelligence Division and Bernard Cruzata II as technical assistant to the acting chief of the same division.
At the same time, De Lima also designated Hussin as officer-in-charge of Certification Division in the Department of Justice.
This prompted Hussin to question De Lima’s department order transferring him as OIC of DOJ’s Certification Division.
Acting on Hussin’s appeal, CSC found De Lima’s DOs as “not in order” even as it directed then DOJ chief to restore Hussin to his original position until final resolution of his appeal.
In its ruling, the appellate court also admonished former Immigration Commissioner Siegfred Mison for not complying with the CSC’s order.
“Clearly, Commissioner Mison is deliberately openly ignoring the clear directive of the CSC with his refusal to abide by the CSC’s decision to restore Hussin to the subject position,” the CA ruled.
“Disobedience of or resistance to a lawful writ, process, order, judgment, or command of a court, or injunction granted by a court or judge, constitute indirect contempt,” it said.
Associate Justices Andres Reyes Jr. and Agnes Reyes-Carpio concurred with the ruling.