Appeal Lolito-Guemo

Republic of the Philippines
CIVIL SERVICE COMMISSION

Central Office, Constitution Hills, Batasan Pambansa Complex,
Diliman, Quezon City
LOLITO O. GUEMO,
Appellant,
- versus – Case No. _______________

(Appeal to the Preventive
Suspension Order in PCSO
ADM. Case No. 2019-01)
ANSELMO SIMEON P. PINILI
in his capacity as Chairperson/
OIC-General Manager of the PHILIPPINE
CHARITY SWEEPSTAKES OFFICE (PCSO),
Appellee.
x--------------------------------------------------x
APPEAL TO THE PREVENTIVE SUSPENSION ORDER

(Issued in PCSO Administrative Case No. 2019-01)
THE APPELLANT LOLITO O. GUEMO, assisted by undersigned counsel,
unto this Honorable Commission, most respectfully submits:
1. The appellant is the respondent in Philippine Charity Sweepstakes

Office (PCSO) Administrative Case No. 2019-01.
2. The respondent is a government employee under the PCSO WITH

Salary Grade 25 currently detailed at the Pampanga Branch.
3. In April 29, 2019, the appellant received a three (3) page document
without attachment denominated as Formal Charge signed by Anselmo Simeon
P. Pinili, Chairperson and OIC-General Manager of the PCSO. Copy of the said
document is hereto attached and made integral part hereof as ANNEX “A”.
4. Included in the said Formal Charge is a Preventive Suspension Order

for ninety (90) days against the appellant.
TIMELINES OF THE APPEAL
5. As provided in Section 28, Rule 7, Revised Rules on Administrative

Cases in the Civil Service (RRACCS), the fifteen (15) day period within which
to file an appeal in connection with the Preventive Suspension Order shall
expire on May 14, 2019.
6. Clearly, the foregoing appeal is filed within the period provided.
GROUND TO APPEAL
7. With utmost respect, the Preventive Suspension is being appealed for

having been issued without legal basis and for being punitive.
ISSUE
8. THE PREVENTIVE SUSPENSION ORDER WAS ISSUED WITH

GRAVE ABUSE OF DISCRETION BECAUSE IT WAS ISSUED
WITHOUT LEGAL BASIS SINCE THE RESPONDENT WAS ALREADY
REMOVED FROM THE SCENE OF THE ALLEGED WRONGDOING,
THUS, BECOMING PUNITIVE IN NATURE.
DISCUSSION
No legal basis for the issuance

of a Preventive Suspension Order.
9. A Preventive Suspension Order is not issued capriciously, arbitrarily

and whimsically. It has a definite purpose provided by law. This was violated
by the appellee when it issued a Preventive Suspension Order against me in
PCSO Adm. Case No. 2019-01.
10. The legal basis in the issuance of a Preventive Suspension Order is

provided in Section 25, Rule 7, RRACCS, viz:
“Section 25. Preventive suspension, nature. – Preventive

suspension is not a penalty. It is designed merely as a measure of
precaution so that the official or employee charged may be
removed from the scene of his/her alleged
misfeasance/malfeasance/nonfeasance while the same is being
investigated.
11. But pending the investigation of PCSO Adm. Case No. 2019-01,
appellant was reassigned to the Main Office particularly to the Office of the
Assistant General Manager Remeliza M. Gabuyo. This was pursuant to the Order
dated March 27, 2018 of then General Manager Alexander F. Balutan, copy of
which is hereto attached and made integral part hereof as ANNEX “B”.
12. Clearly, based on the wordings in the Order (Annx “B” herein), the
reason for the transfer of appellant to the Main Office from April 1, 2018 to
June 2018 then to the Pampanga Branch on July 1, 2018 up to the present
was to prevent him from tampering or influencing with the documents and
witnesses pending the investigation of this case. As such, the current Preventive
Suspension Order has no more legal basis since the appellant has been removed
from the scene of his alleged wrongdoing which is in the Bulacan Branch.
13. Appellant wanted to clear his name and did not do anything to resist
his arbitrary transfer even though there was no legal basis and issued without
the approval of the PCSO Board of Directors. Being a Salary Grade 25,
appellant’s transfer requires a Board Resolution. There was none in connection
with his transfer.
14. Appellant up to the present is detailed and reporting for work at the
Pampanga Branch. He has been removed from the scene of the alleged
wrongdoing which is in the Bulacan Branch.
15. To enforce and consider valid the current Preventive Suspension

Order will make it punitive which is against the principle that it is not a penalty
but merely a tool to prevent tampering or influencing the investigation.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Commission to:
a. GRANT the foregoing appeal;
b. DECLARE as invalid the Preventive Suspension Order issued against

the appellant in PCSO Adm. Case. No. 2019-01;
c. ORDER the appellee not to enforce the Preventive Suspension Order;

and,
Such other relief and remedies as are just and equitable under the
premises are likewise prayed for.
Respectfully submitted; May 2, 2019; City of Malolos, Bulacan (for

Quezon City).
LOLITO O. GUEMO
Appellant
PCSO Pampanga Branch
Assisted by:
DEGALA LAW OFFICE
(DEGALA DEGALA & DEGALA Lawyers)
Counsel for the Appellant
The Cabanas Garden Mall, Km. 44-45, McArthur Highway,
Longos, City of Malolos, Bulacan
Mobile Phone No. 09229494430
For the firm:
JULIUS VICTOR C. DEGALA
Handling Lawyer
SC Roll No. 60850
IBP O.R. No. 098135 01.09.2019 BULACAN
PTR O.R. No. 1859727 01.08.2019 MALOLOS
MCLE Compliance Certificate No. V-0008826; 07.03.2015
MCLE Compliance Certificate No. VI, under process (36 units completed)
E-mail Address: [email protected]
Copy to: (via personal service)
ANSELMO SIMEON P. PINILI

Chairperson/OIC-General Manager
Philippine Charity Sweepstakes Office
Sun Plaza Building, 1507 Shaw Boulevard
corner Princeton Street, Mandaluyong City 1552
Republic of the Philippines)

_______________________________)SS.
VERIFICATION and CERTIFICATION
I, LOLITO O. GUEMO, Filipino, of legal age, married, Salary Grade 25,

government employee under the Philippine Charity Sweepstakes Office (PCSO)
currently detailed at the Pampanga Branch, resident of Gold St., New Hope,
Brgy. Bulihan, City of Malolos, Bulacan, after having been duly sworn in
accordance with law do hereby aver the following:
1. I am the Appellant in the above-captioned case;

2. I caused the preparation/filing of the foregoing Appeal;
3. I have read and understood the said Motion for Reconsideration and
hereby certify that the allegations therein are true and correct based on my
personal knowledge, as well as on facts, records and authentic documents that
are available to me.
In compliance with Supreme Court Circular 04-94, I hereby certify
further THAT:
4. I have not commenced any other such or similar action or proceeding

involving the same subject matter before the Supreme Court, Court of Appeals,
or any other tribunal or agency;
5. If I should thereafter learn that a similar action or proceeding is pending

or has been filed before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I hereby undertake to report such information to the
Honorable Office within (5) days from such knowledge or information.
LOLITO O. GUEMO
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of ___________, 2019

here at __________________________________.
___________________________
Doc. No. ______

Page No. ______
Book No. ______
Series of 2019.

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Republic of the Philippines

CIVIL SERVICE COMMISSION

- versus – Case No. _______________

APPEAL TO THE PREVENTIVE SUSPENSION ORDER

1. The appellant is the respondent in Philippine Charity Sweepstakes

2. The respondent is a government employee under the PCSO WITH

4. Included in the said Formal Charge is a Preventive Suspension Order

TIMELINES OF THE APPEAL

5. As provided in Section 28, Rule 7, Revised Rules on Administrative

7. With utmost respect, the Preventive Suspension is being appealed for

8. THE PREVENTIVE SUSPENSION ORDER WAS ISSUED WITH

No legal basis for the issuance

9. A Preventive Suspension Order is not issued capriciously, arbitrarily

10. The legal basis in the issuance of a Preventive Suspension Order is

“Section 25. Preventive suspension, nature. – Preventive

15. To enforce and consider valid the current Preventive Suspension

WHEREFORE, premises considered, it is most respectfully prayed of this

a. GRANT the foregoing appeal;

b. DECLARE as invalid the Preventive Suspension Order issued against

c. ORDER the appellee not to enforce the Preventive Suspension Order;

Respectfully submitted; May 2, 2019; City of Malolos, Bulacan (for

Copy to: (via personal service)

ANSELMO SIMEON P. PINILI

Republic of the Philippines)

VERIFICATION and CERTIFICATION

I, LOLITO O. GUEMO, Filipino, of legal age, married, Salary Grade 25,

1. I am the Appellant in the above-captioned case;

4. I have not commenced any other such or similar action or proceeding

5. If I should thereafter learn that a similar action or proceeding is pending

SUBSCRIBED AND SWORN to before me this ___ day of ___________, 2019

Doc. No. ______

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SUBSCRIBED AND SWORN to before me this _ day of _________, 2019