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intended to be, in a mandatory and restrictive sense.15 The said provision used the word "may" to emphasize that a "reassignment outside geographical
location" is restricted only to either reassignment from one regional office to another regional office or a reassignment from the central office to a
regional office and vice-versa.
Moreover, if we are to follow Nieves assertion that the instances stated in the said provision are merely examples, then every reassignment effected by
the various offices could be considered as a "reassignment outside geographical location" depending on the discretion of the CSC. Surely, this is not
what the Revised Rules on Reassignment intended.
Thus, Nieves insistence that a reassignment from one provincial office to another provincial office within the same region should likewise be
considered as a "reassignment outside geographical location" is clearly but a foray in the dark.
Further, Nieves assertion that his reassignment to DTI-Albay constitutes constructive dismissal as it caused him significant financial dislocation is also
devoid of merit. This is a mere allegation that Nieves utterly failed to substantiate. It bears stressing that a reassignment is presumed to be regular and
made in the interest of public service.16
Anent Nieves prayer for an award of moral damages, we deny the same for lack of legal and factual bases.
All told, we find that the CA did not commit any error in ruling that the one-year period limitation set forth in the Revised Rules on Reassignment finds
no application in the instant case.
WHEREFORE, in consideration of the foregoing disquisitions, the petition is DENIED. The assailed Decision dated September 10, 2009 and the
Resolution dated November 24, 2009 issued by the Court of Appeals in CA-G.R. SP No. 102174 are AFFIRMED.
SO ORDERED.
BIENVENIDO L. REYES
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Senior Associate Justice
On leave
TERESITA J. LEONARDO-DE CASTRO
PRESBITERO J. VELASCO, JR.*
Associate Justice
Associate Justice
On leave
JOSE PORTUGAL PEREZ
JOSE CATRAL MENDOZA*
Associate Justice
Associate Justice