Ong loses bid at CA
to regain NBI post

THE Court of Appeals has denied the bid of former National Bureau of Investigation official-turned-fugitive Samuel Ong to regain his post as Director III of the bureau, citing his failure to prove that he is entitled to tenure.

Ong in 2005 claimed to have possession of a master tape containing the alleged conversation between President Arroyo and former Elections commissioner Virgilio Garcillano wherein the president allegedly asked the latter to rig the results of the May 2004 elections in Mindanao in her favor.

Ong filed the petition before the CA prior to his expose then went into hiding following the filing of sedition charges against him by the Department of Justice in July 2005.

In a decision penned by Associate Justice Isaias Dicdican, the CA’s Eleventh Division junked the petition filed by Ong seeking to declare his removal from the NBI illegal. The CA said Ong’s dismissal was legal due to his failure to meet two requirements – the Career Executive Service eligibility and appointment to the appropriate CES rank – that would have enabled him to attain security of tenure.

The CA said Ong’s appointment could thus be regarded only as temporary and could be withdrawn at will by the President, who is the appointing authority.

Court records showed that Ong received on June 3, 2004 a memorandum circular issued by then NBI Director Reynaldo Wycoco informing him that his appointment, being co-terminus with the President, would end at midnight on June 30, 2004 and unless a new appointment is issued in his favor by the President, he would be occupying his position in a holdover status until his replacement is named.

On Dec. 1, 2004, President Arroyo appointed Victor A. Bessat as Director III to replace Ong.

Wycoco subsequently notified Ong that effective Dec. 17, 2004, he should cease from performing his functions.

On Feb. 22, 2005, Ong petitioned the CA seeking to nullify his removal, order Bessat out, and reinstate him to Director III with full back pay. As a career officer, Ong said was entitled to a security of tenure even if he was a non-CESO eligible. He added that Arroyo’s reelection in 2004 also extended his appointment which was co-terminus with her tenure.