Question Late Invalidation of Position

Hello,
I have a relative that was supposed to be promoted several months ago now but just recently received an invalidation letter. However, there exists a city ordinance proving that the role is indeed part of the parenthetical titles. Can I file a neglect of due duty on the part of the csc officer for not chrcking or verifying first thr title before invalidatin and/or any action that I can do against the csc officer because this affects the life and work of my relative not considering the delay of this invalidation.

Relative to your query are Sections 108 and 111 of the 2017 Omnibus Rules on Appointment and Other Human Resource Actions (2017 ORAOHRA) (Revised 2018), which provide:

Sec. 108. When an appointment is disapproved/invalidated, the services of the appointee shall be terminated after fifteen (15) days from receipt of the letter/decision disapproving/invalidating the appointment, unless a motion for reconsideration or appeal is seasonably filed.

Sec. 111. An employee whose promotional appointment is disapproved/invalidated shall be reverted to his/her former position.


Should it be your intention to file a complaint, we invite your attention to pertinent provisions of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), thus:

Section 7. Cases Cognizable by the Commission. The Civil Service Commission shall take cognizance of the following cases:

A. Disciplinary

1. Decisions of CSC ROs brought before it on petition for review;

2. Complaints brought against CSC officials and employees both in the Central Office (CO) and CSC ROs.

For this purpose, CSC ROs shall conduct the investigation and submit report and recommendation to the Commission in cases involving their own appointed officials and employees. Complaints against CO officials and employees shall be brought before the Commission through the Office for Legal Affairs (OLA) unless the Commission directs otherwise.

Section 11. Requisites of a Valid Complaint. No complaint against an official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant. In cases initiated by the proper disciplining authority or an authorized representative, a show cause order is sufficient.

The complaint shall be written in a clear, simple and concise language and in a systematic manner as to apprise the person complained of, of the nature and cause of the accusation and to enable the person complained of to intelligently prepare a defense or answer/comment. Should there be more than one person complained of, the complainant is required to submit additional copies corresponding to the number of persons complained of.

The complaint shall contain the following:

a. full name and address of the complainant;

b. full name and address of the person complained of as well as his/her position and office;

c. a narration of the relevant and material facts which shows the acts or omissions allegedly committed;

d certified true copies of documentary evidence and affidavits of his/her witnesses, if any; and

e. certification or statement of non-forum shopping.

The absence of any of the aforementioned requirements may cause the dismissal of the complaint without prejudice to its refiling upon compliance with the same.