CA orders NBI to reinstate deputy director relieved in 2014

The Court of Appeals has ordered the National Bureau of Investigation (NBI) to reinstate its former deputy director Reynaldo Esmeralda who was relieved from his position in 2014.

In a 24-page decision promulgated on September 20, the appellate court ordered the immediate reinstatement of Esmeralda as deputy director without loss of seniority rights and without a gap in the continuity of his service.

The Court also ordered the immediate payment of Esmeralda and former NBI deputy director Ruel Lasala’s full back wages, salaries, incentives, benefits, and other monetary privileges and emoluments at the current rate from the time of their dismissal.

“Wherefore, the instant petition is granted. The Decision dated 12 December 2018 and the Resolution dated 27 January 2021 both promulgated by the Office of the President… are hereby reversed and set aside,” it said.

Esmeralda and Lasala argued that their dismissal was with grave abuse of discretion and a violation of due process because they were dismissed without a hearing.

The Court ruled that their removal from service is illegal and in violation of their right and due process.

“Petitioners’ promotion to the position of NBI Deputy Director III must serve as a fitting recognition to their quality of service to the country, and not as an occasion that will unceremoniously end their illustrious careers as law enforcement officials,” it said.

“The removal of petitioners was illegal and in violation of their right to due process. Hence, petitioners are entitled the payment of back wages and other benefits due them from the time they were replaced up to their reinstatement to their former position without loss of seniority rights,” it added.—LDF, GMA News