LAW OF PUBLIC OFFICERS Republic of the Philippines v Pacheco GR No.

178021 January 25, 2012 Doctrine: While a temporary transfer or assignment of personnel is permissible even without the employee's prior consent, it cannot be done when the transfer is a preliminary step toward his removal, or a scheme to lure him away from his permanent position, or when it is designed to indirectly terminate his service, or force his resignation. Facts: Respondent Minerva Pacheco, through a Revenue Travel Assignment Order (RTAO) issued by the BIR, was reassigned as Assistant Chief of Legal Division from Quezon City to San Fernando, Pampanga. The BIR cited exigencies of the revenue service as basis for such issuance. Pacheco claims that she was constructively dismissed as her reassignment will result in the reduction of her salary and let her suffer physical burden from waking up early and coming home late at night. The CSC dismissed her complaint on the ground that she was not constructively dismissed as she maintained her position as Revenue Atty. IV and was designated as Assistant Chief. The CA reversed the CSCs decision and ordered her immediate reinstatement with full backwages and benefits. Issue: Whether respondent was constructively dismissed, and, therefore, entitled to backwages Held: Yes. The contention of the CSC, through the OSG, that the deliberate refusal of Pacheco to report to work either in her original station in QC or her new place of assignment in Pampanga negates her claim of constructive dismissal is untenable. It was legally impossible for Pacheo to report to her original place of assignment in Quezon City because the said RTAO also reassigned another personnel as Assistant Chief from Pampanga to QC, the very same position that Pacheco held. It is also erroneous on the part of the CSC to argue that the subject RTAO was immediately executory, unless otherwise ordered by the CSC, and, thus, it was incumbent upon Pacheco to report to her new place of assignment. The Court held that it is an order to detail that is immediately executory and not reassignment. However, Pacheco is not entitled to full backwages and benefits. It is a settled jurisprudence\ that an illegally dismissed civil service employee is entitled to back salaries but limited only to a maximum period of five (5) years, and not full back salaries from his illegal dismissal up to his reinstatement.