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Question RESIGNED AND RETURN TO WORK AFTER 1 MONTH

  • Milagros Navarro Veracis
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2 years 6 months ago #8901 by Milagros Navarro Veracis
Milagros Navarro Veracis created the topic: RESIGNED AND RETURN TO WORK AFTER 1 MONTH
Can a government employee who resigns can re-apply at the same agency in the same position? For example after 1 month he/she decided to get back to work after he/she resigned.

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2 years 6 months ago #8923 by Action Officer 23
Action Officer 23 replied the topic: RESIGNED AND RETURN TO WORK AFTER 1 MONTH
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.

Reemployment – the appointment of a person who has been previously appointed to a position in the government service but was separated therefrom as a result of reduction in force, reorganization, retirement, voluntary resignation, or any non-disciplinary action such as dropping from the rolls and other modes of separation. Reemployment presupposes a gap in the service.

No prior authority from the Commission shall be required for the reemployment of a person who has been previously retired or resigned and who has not reached the compulsory retirement age of 65. (Sec. 11 (d), Rule IV, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018)

Appointment is an essentially discretionary power and must be performed by the officer (Appointing Authority/Head of Agency) in which it is vested according to his best lights, the only condition being that the appointee should possess the qualifications required by law. If he does, then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred. This is a political question involving consideration of wisdom which only the appointing authority can decide. (Gaga G. Mauna vs. Civil Service Commission and Cristeto J. Limbaco, G.R. No. 97794 promulgated on May 13, 1994)

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2 years 6 months ago #8924 by Action Officer 23
Action Officer 23 replied the topic: RESIGNED AND RETURN TO WORK AFTER 1 MONTH
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.

Reemployment – the appointment of a person who has been previously appointed to a position in the government service but was separated therefrom as a result of reduction in force, reorganization, retirement, voluntary resignation, or any non-disciplinary action such as dropping from the rolls and other modes of separation. Reemployment presupposes a gap in the service.

No prior authority from the Commission shall be required for the reemployment of a person who has been previously retired or resigned and who has not reached the compulsory retirement age of 65. (Sec. 11 (d), Rule IV, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018)

Appointment is an essentially discretionary power and must be performed by the officer (Appointing Authority/Head of Agency) in which it is vested according to his best lights, the only condition being that the appointee should possess the qualifications required by law. If he does, then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred. This is a political question involving consideration of wisdom which only the appointing authority can decide. (Gaga G. Mauna vs. Civil Service Commission and Cristeto J. Limbaco, G.R. No. 97794 promulgated on May 13, 1994)

We hope to have been of service to you.

Thank you.

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2 years 6 months ago #8975 by JESS DELA VEGA
JESS DELA VEGA replied the topic: RESIGNED AND RETURN TO WORK AFTER 1 MONTH
Good day po. Ask ko lang po yung sa case ko, na hired po ko last May,2021 as Admin. Asst sa isang school. This September po nakapasok din po ako sa Ranking for Teacher 1 position, kinakausap na rin po ako ng principal ng possible kong pagturuang school.

Ask ko lang po if walang kaso po ba yun kung mag resign ako sa Admin Asst at i-grab yung Teacher 1 position kahit wala pa po kong 1yr as ADAS (5 mths pa lang)?

Thank you po.

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2 years 3 months ago #9326 by Chiran Smith
Chiran Smith replied the topic: RESIGNED AND RETURN TO WORK AFTER 1 MONTH
Thank you so much for the information. The same question was repeating in my mind but I was unable to ask someone.
It helped me to resolve my doubt.

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