Hi Romar,
Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be, or is actually, a subject of a complaint or appeal before it.
Be that as it may, Section 11(c), Rule IV, 2017 ORAOHRA, provide, that:
Transfer — the movement of employee from one position to another which is of equivalent rank, level or salary without gap in the service involving the issuance of an appointment.
The transfer may be from one organizational unit to another in the same department or agency or from one department or agency to another: Provided, however, that any movement from the non-career service to the career service and vice versa shall not be considered as a transfer but reappointment.
An employee who seeks transfer to another office shall notify the head of the department or agency in writing where he/she is employed at least thirty (30) days prior to the effective date of his/her transfer. The head of the department or agency shall notify the employee in writing of the approval of the request to transfer within 30 days from date of notice.
If the request to transfer of an employee is not granted by the head of the department or agency where he/she is employed, it shall be deemed approved after the lapse of 30 days from the date of notice without the need to notify the employee concerned.
It is understood that the employee who seeks to transfer is cleared from all money, property and work-related accountabilities.
If, for whatever reason, the employee fails to transfer on the specified date, he/she shall be deemed resigned. However, should the employee opt to remain in the same agency before the specified date of transfer, the employee may be reappointed if there is no gap in the service or reemployed if there is gap in the service. In both cases, the employee shall undergo the usual hiring process.
On the other hand, Section 13(a), Rule IV, thereof, provide, that:
Reassignment — movement of an employee across the organizational structure within the same department or agency, which does not involve a reduction in rank, status or salary.
Reassignment shall be governed by the following:
1. Reassignment of employees with station-specific place of work indicated in their respective appointments within the geographical location of the agency shall be allowed only for a maximum period of one (1) year. The restoration or return to the original post/assignment shall be automatic without the need of any order of restoration/revocation of the order of reassignment.
The reassigned employee who is restored to his/her original post/assignment pursuant to the decision of the Commission shall not be reassigned within one (1) year reckoned from the date of restoration to the original post/assignment. Otherwise, the appointing officer/authority or the authorized official who caused the subsequent reassignment within 1 year from the date of restoration may be cited for indirect contempt by the Commission as provided in Rule 16 of the 2017 Rules on Administrative Cases in the Civil Service (RACCS).
An appointment is considered station-specific when: (a) the particular office or station where the position is located is specifically indicated on the face of the appointment paper; or (b) the position title already specifies the station, such as Human Resource Management Officer, Accountant, Budget Officer, Assessor, Social Welfare and Development Officer, and such other positions with organizational unit/station-specific function. Such position titles are considered station-specific even if the place of assignment is not indicated on the face of the appointment.
2. If an appointment is not station-specific, the one-year maximum period of reassignment within the geographical location of the agency shall not apply. However, the employee concerned may request for a recall of the reassignment citing his/her reasons why he/she wants to go back to his/her original station. The reassignment may also be revoked or recalled by the appointing officer/authority or be declared not valid by the Civil Service Commission or a competent court, on appeal.
3. Reassignment is presumed to be regular and made in the interest or exigency of public service unless proven otherwise or if it constitutes constructive dismissal. Constructive dismissal exists when an official or employee quits his/her work because of the agency head’s unreasonable, humiliating, or demeaning actuations, which render continued work impossible because of geographic location, financial dislocation and performance of other duties and responsibilities inconsistent with those attached to the position. Hence, the employee is deemed illegally dismissed. This may occur although there is no diminution or reduction in rank, status or salary of the employee.
Reassignment that constitutes constructive dismissal may be any of the following:
i. Reassignment of an employee to perform duties and responsibilities inconsistent with the duties and responsibilities of his/her position such as from a position of dignity to a more servile or menial job;
ii. Reassignment to an office not in the existing organizational structure;
iii. Reassignment to an existing office but the employee is not given any definite set of duties and responsibilities;
iv. Reassignment that will cause significant financial dislocation or will cause difficulty or hardship on the part of the employee because of geographic location; or
v. Reassignment that is done indiscriminately or whimsically because the law is not intended as a convenient shield for the appointing/disciplining officer to harass or oppress a subordinate on the pretext of advancing and promoting public interest such as reassignment of employees twice within a year, or reassignment of career service officials and employees with valid appointments during change of administration of elective and appointive officials.
Reassignment that results in constructive dismissal must be sufficiently established.
4. The employee may appeal the reassignment order within 15 days upon receipt thereof to the Commission or CSC RO with jurisdiction, as provided under specific law, if he/she believes there is no justification for the reassignment. Pending appeal, the reassignment shall not be executory. The Decision of the CSC RO may be further appealed to the Commission within 15 days from receipt thereof.
5. Reassignment of public health workers, public social workers, public school teachers and all other professions covered by special laws shall be governed by their respective laws. However, the rules herein mentioned shall be applied suppletorily.
Then again, in the case of Aquino vs. COMELEC, G.R. Nos. 211789-90 dated March 17, 2015, the Supreme Court ruled, “Thus, to reiterate and emphasize-the election law’s prohibition on transfer or detail covers any movement of personnel from one station to another, whether or not in the same office or agency when made or caused during the election period.”
It is hoped that we have guided you on the matter.
