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Question Appointment

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Arabella
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6 years 10 months ago #93 by Arabella

Arabella created the topic: Appointment

Good afternoon.

1. AB was a Career official. Thereafter, she was "promoted" to a Non-Career Post by the President, meaning receiving a higher salary than her previous Career post.
What is the nature of appointment her appointment? Is it promotion or reappointment?

2. What do we mean by a de facto officer? When does it apply?

Thanks

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Action Officer
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6 years 10 months ago #95 by Action Officer

Action Officer replied the topic: Appointment

Please be informed that we do not render advice that may be subject of an appeal or petition for review before the Commission. However, to guide you in your next course of action the issuance of an appointment from a career to non-career position is tantamount to reappointment.(Civil Service Commission Memorandum Circular No. 18, s. 2016 dated August 23, 2016)

With regard to your second query, the Supreme Court in the case of Codilla et al., vs. Martinez et al., G.R. No. L-14569 dated November 23, 1960, citing an American jurisprudence, held that:

An officer de facto is to be distinguished from an officer de jure, and is one who has the reputation or appearance of being the officer he assumes to be but who, in fact, under the law, has no right or title to the office he assumes to hold. He is distinguished from a mere usurper or intruder by the fact that the former holds by some color of right or title while the latter intrudes upon the office and assumes to excercise its functions without either the legal title or color of right to such office.

To constitute a de facto officer, there must be an office having a de facto existence, or at least one recognized by law and the claimant must be in actual possession of the office under color of title or authority.

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DRMC
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6 years 10 months ago #106 by DRMC

DRMC replied the topic: Appointment

What is the status of an employee holding a Psych II plantilla position by virtue of the enactment of RA 10029 or the psychology act of 2009 that all who engage in the practice of psychology must be licensed to do so?

Employee is not board certified since QS under CSC states that a holder of CSC Prof eligibility will suffice. Appointment was approved in 2016. Thank you.

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Action Officer 3
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6 years 10 months ago #111 by Action Officer 3

Action Officer 3 replied the topic: Appointment

Based on your representation, you are qualified for the position of Psych II position since you met the qualification standards of the position. However, it would be helpful for you to also call one of our offices in charge of human resources policies for further clarification - Human Resources Policies and Standards Office at tel. no. 951-4629. Thanks.

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