Will ‘justice’ now find its course in the case of Atty. Rey Nicolas?

Will ‘justice’ now find the light of day in the case of Atty. Rey Nicolas, the former deputy commissioner at the Bureau of Customs (BOC) whose reinstatement ordered by the Civil Service Commission (CSC) is yet to be implemented after 11 years?

This was the hope being entertained by the camp of Nicolas who appears to have been the target of personal animosity by then Department of Finance (DOF) secretary, Cesar Purisima, the finance chief of President Noynoy Aquino.

It can be recalled that Nicolas, then the deputy commissioner for Assessment Operations Coordinating Group (AOCG), was ordered removed by the finance department just months after Purisima took the finance portfolio, in October 2010, claiming that Nicolas is a “non-career executive service officer or non-CESO occupying a Career Executive Service (CES) position.”

Nicolas was then replaced by Atty. Gregorio Chavez.

The removal was despite Nicolas already being a “third level” civil service eligible thru his possession of a ‘Career Service Executive Eligibility (CSEEE) conferred by the CSC in its Resolution No. 97-3954 dated 2 October 1997.

To expedite the resolution of the case, then Executive Secretary Paquito Ochoa, on July 7, 2011, wrote a memorandum to then BOC chief, Angelito Alvarez, to reinstate Nicolas, ruling that a person with CSEE and appointed by the President in the Career Executive Service (CES) – Third Level positions cannot be separated from the service or forced to resign and that he/she has a vested right over the position and enjoys security of tenure.

Four days later, on July 11, 2011, Alvarez issued a ‘CPO’ (Customs Personnel Order) assigning Nicolas as the deputy commissioner for Internal Administration Group (IAG) but this was not approved by Purisima. Purisima, instead, directed the BOC to appeal the CSC ruling and the decision of the Palace, clearly, in an effort to delay Nicolas’ return to the BOC.

On August 15, 2011, in a landmark ruling, the CSC promulgated its Decision No. 11-0442, ruling that CSEE is an appropriate eligibility for career positions in the Career Executive Service (CES) – Third Level positions and directing his reinstatement as BOC Deputy Commissioner with payment of back salaries and other benefits, of which the dispositive portion reads:

“WHEREFORE, the termination from the service of Atty. Reynaldo S. Nicolas, former Deputy Commissioner, Bureau of Customs (BOC), is hereby declared NOT VALID. Accordingly, the Commission directs BOC Commissioner Angelito A. Alvarez to reinstate Atty. Nicolas to his previous position as Deputy Commissioner with payment of back salaries and other benefits from the time he was illegally terminated until his actual reinstatement in the service.”

The CSC, in two other related rulings, first denied the motion for reconsideration filed by Alvarez (CSC Resolution No. 12-00044 dated 4 January 2012) and in the second (CSC Resolution No. 12-00843 dated 29 May 2012) granted Nicolas’ request for the execution of the commission’s August 15, 2011 decision.

“Accordingly, BOC is directed to implement CSC Decision No. 11-0442 dated August 15, 2011 by reinstating Nicolas to his former position as Deputy Commissioner of Customs Assessment and Operations Coordinating Group, presently held by Gregorio B. Chavez, with payment of back salaries and other benefits from the time of his illegal dismissal up to the time of his actual reinstatement.”

Ignoring the rule of law ‘ad infinitum?’

But taking note of Purisima’s position, the BOC under Aquino and 4 of his customs commissioners—Alvarez, Ruffy Biazon, John Philip Sevilla and Alberto Lina—decided to ignore the rule of law by not acting on the CSC directive.

And the situation for Nicolas has not changed at all, under the Duterte administration and the replacement of Purisima by Secretary Carlos Dominguez.

Under the Duterte administration, the excuse that Nicolas got was that his reinstatement would now need “clearance” (“guidance”) from President Duterte himself.

Sources said the same excuse used by President Duterte’s 3 customs commissioners—Nicanor Faeldon, Isidro Lapeña and Rey Leonardo Guerrero—that they “need guidance” from the President, is now the same excuse allegedly being used by Aquino leftover officials at the DOF to stay the hand of Pres. Marcos’ customs commissioner, Yogi Filemon Ruiz, for him to simply ignore implementing the decision of the CSC.

But in a talk with Pinoy Exposé, Ruiz clarified that he has “not seen any paper (document)” pertaining to the case of Nicolas.

“I cannot act on something that I have not yet seen,” Ruiz said.

No pending criminal, administrative cases

Presently, there is a vacancy for the position of deputy commissioner for management information (MISTG) at the BOC, while the position of deputy commissioner for intelligence now also appears to be unclear as the appointment of the purported designate, Philippine Coast Guard Captain Jimmy Oliver Vingno, is yet to be transmitted to the Department of Finance and the BOC.

Nicolas said he can only remain hopeful that the wrongs committed to him will now be corrected under the Marcos administration.

Records also showed that Nicolas has no pending case with the Office of the Ombudsman as shown in its Clearance issued on March 24, 2022; he also has no criminal record as shown in the clearance issued by the National Bureau of Investigation (NBI) dated April 20, 2022.

On the other hand, the ‘lifestyle check’ cased filed against Nicolas in 2004 have been also dismissed by the OMB in January 2011, when his removal from BOC instigated by Purisima took effect.

Similarly, the criminal complaint filed by the BOC against Nicolas on July 14, 2011 was also dismissed by the DOJ in its resolution of May 5, 2012, signed by Assistant State Prosecutor Mari Elvira Herrera, which dismissal by the Office of the Prosecutor General was affirmed by DOJ Undersecretary Francisco Baraan in a Resolution dated 20 November 2013.