Question Transfer to another agency of a newly promoted employee

Good day.

I was promoted and assumed in the position last Oct 1 within the same agency (NGA), I already received a copy of my appointment signed by the appointing officer. My appointment as per HRD, was already forwarded to the CSC but no action has been done yet.
I just want to ask if I am allowed to transfer to a different agency (Central Bank) when I am still under probation?
Can I cancel the promotion and return to my previous position while processing the transfer to another agency?
What are the available remedies if I wish to transfer?

Thank you.

Good day Sir.

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 17, Rule VI, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018 as circularized in CSC Memorandum Circular No. 14, s. 2018 dated August 30, 2018), specifically provides:

Sec. 17. An appointment issued in accordance with pertinent laws and rules shall take effect immediately on the date it was signed by the appointing officer/authority. The date of signing shall be indicated below the signature of the appointing officer/authority in the appointment form.

The date of the appointment shall not fall on a Saturday, Sunday or holiday, except in cases where the date of issuance is specifically provided in a special law such as in the appointment of personal and confidential staff of Constitutional officials and elective officials and where the service should not constitute a gap such as in transfer and reappointment.

If the appointee has taken his/her oath of office and assumed the duties of the position, he/she shall be entitled to receive his/her salary at once without awaiting the approval/validation of his/her appointment by the Commission. The appointment shall remain effective until disapproved/invalidated by the Commission. In no case shall an appointment take effect earlier than the date it was signed except in cases authorized by law.

No official or employee shall be required to assume the duties and responsibilities of the position without being furnished with a copy of his/her appointment by the HRMO after it is signed by the appointing officer/authority. The appointee shall acknowledge receipt of the appointment by signing on the acknowledgment portion at the back of the appointment form.

Appointment is an essentially discretionary power and must be performed by the officer 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.