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Padolina Vs Fernandez Digest
Padolina Vs Fernandez Digest
Fernandez Demotion Facts Fernandez was PAGASAs Finance and Management Division Chief who was reassigned to Taguig, pursuant to SO 129; Fernandez protested this as being tantamount to constructive dismissal. Padolina refused to set SO 129 aside, and was upheld by the CSC; DOST Special Order returned certain employees to their original assignments, but excluded others, including Fernandez; An investigation found Fernandez guilty of insubordination, and was ordered to accept the reassignment; The CA on appeal declared SO 129 void for violating security of tenure. The SC affirms, hence this MR. Issues W/N the reassignment is valid. Held/Ratio No. A reassignment is a movement from one unit to another in the same agency which does not involve a reduction in rank, status, salary, and does not require an appointment. SO 129 does not have any definite duration for reassignment, it being expressly subject to a separate DOST Special Order. It is tantamount to an indefinite floating assignment resulting in a demotion. It removes her power of supervision over 41 subordinate employees, thereby diminishing her status.