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Question Designations of OIC in positions with incumbents

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2 years 2 months ago #9485 by faith
faith created the topic: Designations of OIC in positions with incumbents
I am a bona fide incumbent in an administrative position with SG of 24. However, I was designated to a position that is not in our Agency's OSSP and was placed under a work-from-home work scheme. As a result, I was not entitled to my RATA, and an OIC, who is from another department, was discharging my duties and responsibilities as division chief. After 1 year and 5 months, I wrote to my RD requesting that I may be allowed to resume my duties and responsibilities, I was told that the RD has discretion in designating who will discharge uties and responsibilities as division chief. Can I be barred from discharging my regular duties and responsibilities as a division chief? if not, is my resumption of office barred by the election ban?

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2 years 2 months ago #9486 by Action Officer 23
Action Officer 23 replied the topic: Designations of OIC in positions with incumbents
Good day Maam:

Please be informed that as a policy, the Commission does not render opinions/rulings on issues that may eventually be the subject of a complaint or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case. Nevertheless, we will cite the pertinent provision/s under the Civil Service rules and applicable jurisprudence that will best answer your query/ies.

Section 13 (a), (3), (i), (ii), (iii), and (4), Rule IV of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018) provide, as follows:

“a. 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.

x x x

“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;"

“Transfer or movement of officers and employees in the civil service (Sec. 261 [h], Omnibus Election Code) during the date/period January 9, 2022 (Sunday) to June 8, 2022 (Wednesday)” is prohibited under Commission on Elections (COMELEC) Resolution No. 10695 dated February 10, 2021 (In the Matter of Prescribing the Calendar of Activities and Periods of Certain Prohibited Acts in Connection with the May 09, 2022 National and Local Elections).

Nevertheless, it is noted that Section 261 (h), Article XXII, of the Omnibus Election Code of the Philippines (Batas Pambansa Bilang 881) provides, as follows: “h) Transfer of officers and employees in the civil service. - Any public official who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers, within the election period except upon prior approval of the Commission.” (Underlining ours)

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  • Sofia Wood
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2 years 2 months ago - 2 years 2 months ago #9491 by Sofia Wood
Sofia Wood replied the topic: Designations of OIC in positions with incumbents
I think what reassignment – movement of an employee across the organizational structure within the same department. Sofia from Debt Relief
Last Edit: 2 years 2 months ago by Sofia Wood.

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2 years 2 months ago #9493 by Action Officer 23
Action Officer 23 replied the topic: Designations of OIC in positions with incumbents
If you were issued a Designation Order, then, Section 13 (c), Rule IV of the 2017 ORAOHRA (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018) would apply:

c. Designation — movement that involves an imposition of additional and/or higher duties to be performed by a public official/employee which is temporary and can be terminated anytime at the pleasure of the appointing officer/authority. Designation may involve the performance of the duties of another position on a concurrent capacity or on full-time basis.

A designation in an acting capacity entails not only the exercise of the ministerial functions attached to the position but also the exercise of discretion since the person designated is deemed to be the incumbent of the position .

Officials designated as Officer-in-Charge (OIC) enjoy limited powers which are confined to functions of administration and ensuring that the office continues its usual activities. The OIC may not be deemed to possess the power to appoint employees as the same involves the exercise of discretion which is beyond the power of an OIC, unless the designation order issued by the proper appointing officer/authority expressly includes the power to issue appointment .

Designation shall be governed by the following rules:

1. Employees to be designated should hold permanent appointments to career positions.

2. Designees can only be designated to positions within the level they are currently occupying. Employees holding first level positions can not be designated to perform the duties of second level positions except in meritorious cases as determined by the CSC RO Regional Office upon request for exemption by the agency concerned, such as organizational set-up, calamity, and due to exigency of the service. This exception shall not apply to positions involving supervisory and executive managerial functions. Division Chiefs may be designated to perform the duties of second level executive/managerial or third level positions.

3. For positions with incumbents who temporarily can not perform the duties of the position (due to vacation or sick leave, study leave, scholarship, maternity leave, special assignments), the designation should be synchronized with the absence of the incumbent, unless earlier revoked or recalled by the appointing officer/authority. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) renewals.

4. For positions without incumbents, a designation may be made only for a maximum of one (1) year. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) renewals.

5. Designations shall be made through an office order issued by the appointing officer/authority concerned.

6. For designation to critical positions in the local government units such as Provincial/City/Municipal Government Department Head, a copy of the office order shall be furnished by the HRMOs of the LGUs to the CSC FO concerned within thirty (30) days upon its issuance. Employees designated to positions with duties involving practice of profession shall be required to possess the necessary professional license.

7. Designees cannot be granted the salaries of the positions they are being designated to. However, allowances that go with the performance of the functions such as RATA (Representation and Transportation Allowance) or EME (Extraordinary and Miscellaneous Expenses) may be granted as provided under the provisions of the General Appropriations Act (GAA) or appropriation ordinance of the respective local sanggunian; provided, the grant of the same is specifically stated in the designation order.

8. Only experience gained from designation compliant with the abovestated rules shall be credited as relevant experience for purposes of appointment.

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2 years 1 month ago #9591 by Romar
Romar replied the topic: Designations of OIC in positions with incumbents
1. Can an OIC issue a reassignment order? And if he does issued said movement of personnel (reassignment) without authority from the head of agency and or it is not specifically stated in it's designation, will the OIC administratively liable for such action?

Thank you very much.

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2 years 1 month ago #9611 by Action Officer 21
Action Officer 21 replied the topic: Designations of OIC in positions with incumbents
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, the powers and authority of an Officer-in-Charge is limited to the day to day operations of an office in the absence of the head of that office. Thus, generally, the exercise of the power of discretion is not available, unless the authority or power is specifically granted, to the OIC. This power of discretion includes the power to reassign employees.

As such, while, generally, there may be no liability attached to the issuance of a reassignment order by an OIC with no authority to do so, such order may be declared void upon Appeal.

It is hoped that we have guided you on the matter.
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