Question Question about transfer from one government agency to another

Good day!

Just want to ask po if the provision under Sec. 11, Letter b, Promotion which states that "an employee who is promoted to another agency shall notify the head of the department or agency in writing where he/she is employed at least thirty (30) days prior to his assumption to the position" may be shortened if approved by my current employer / agency.

I'm worried because I was considered for a higher position, in which the appointment date is Sept. 22, 2021. The problem is that my resignation letter is also dated Sept 22. making my last day on Oct. 22, 2021. I believe there are provisions under rule vi of oraohra that I have to assume office or report within thirty (30) cd from receipt of written notice of appointment. This makes both my last day in my current agency and my last day to assume office in my new agency on Oct. 22, 2021.

Thank you,

Dear Ms./Mr. Flores:

This has reference to your query on whether the thirty (30)-day notice as provided under Section 11 (b) (2) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions can be shortened.

Please be informed that as a matter of policy, the Commission does not render opinions or 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.

Nonetheless, your attention is invited to Section 11(b), Rule IV of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), as amended, reads, as follows:

“b. Promotion – the advancement of a career employee from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. Promotion may be from on department or agency to another or from one organizational unit to another within the same department or agency. xxx.

“An employee who is promoted to another agency shall notify the head of the department or agency in writing where he/she is employed at least thirty days prior to his/her assumption to the position. It is understood that the employee who is promoted to another agency is cleared from all money, property and work-related accountabilities.

As to your query, the foregoing rules provide that an employee who is promoted in another agency must notify his/her present agency in writing of his promotion which must not be less than thirty (30) days prior to his/her assumption to the duties and functions of the position he was promoted to.

Your attention is likewise invited to Section 104, Rule X of the 2017 ORAOHRA which provides, as follows:

x x x

“Sec. 104. Resignation is an act of an official or employee by which he/she voluntarily relinquishes in writing his/her position effective on a specific date which shall not be less than thirty (30) days from the date of such notice or earlier as mutually agreed upon by the employee and the appointing officer/authority.

x x x

“Resignation shall be governed by the following rules:

x x x

“c. The appointing officer and authority shall act on the notice of resignation within 30 days from receipt thereof. In case the resignation of the official or employee remains unacted upon for 30 days from receipt of the formal letter of resignation by the appointing office/authority, it shall be deemed complete and operative on the specified date of effectivity or 30 days from the submission thereof, in cases where the effectivity date is not specified. It is understood, however that the required clearance from money, property and work-related accountabilities shall be secured by the official or employee before or immediately after the date of effectivity of resignation.
x x x
“e. The acceptance of resignation is mandatory. xxx”

Lastly, Section 20, Rule VI of the 2017 ORAOHRA provides, as follows:

“Sec, 20. An appointment issued by the appointing officer/authority may be cancelled if the appointee does not assume office or report within thirty (30) calendar days from receipt of the written notice of the appointment.”


Thank you.