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Question Is the incumbent OIC has the right to be promoted?

1 year 5 days ago - 1 year 5 days ago #10312 by cc
cc created the topic: Is the incumbent OIC has the right to be promoted?
Good pm! Just want to ask if an incmubent OIC of an office that ranked top 5 still has more right to be promoted among any other next in rank applicants? if ever he was not selected, can he file a protest? Is there a chance that the appointment given to the one chosen be inavalidated if found out that the appointed one to replace the incumbent has not been an OIC yet and not a technical personnel and the position given to him is a technical position? Is the case meritorious? if not, can the protest affect his record in the future if incase he will apply again for a promotion? Thank you very much
Last Edit: 1 year 5 days ago by cc.

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1 year 10 hours ago #10507 by Action Officer 21
Action Officer 21 replied the topic: Is the incumbent OIC has the right to be promoted?
Hi CC,

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.

Please be advised that in cases of appointments, the appointing authority is afforded a wide range of latitude in selection process, provided that the appointee meets the qualification standards of the position he/she is appointed to. Thus, Section 31, Rule VIII, 2017 ORAOHRA provide, that, the qualification standards are the minimum and basic requirements for positions in the government in terms of education, training, experience, Civil Service eligibility, physical fitness and other qualities required for successful performance of the duties of the position. These shall serve as the basic guide in the selection of the employees and in the evaluation of appointments to all positions in the government.

Nevertheless, a qualified next-in-rank may file a protest against an appointment subject to Rule 18 (Sections 89-98)of the 2017 RACCS, to wit:

Section 89. Protest; Who May File. Only a qualified next-in-rank official or employee may file a protest against an appointment made in favor of another who does not possess the minimum qualification requirements.

Section 90. Where to File. A qualified next-in-rank employee shall have the right to appeal initially to the head of agency, then to the CSC RO, and then to the Civil Service Commission Proper.

Section 91. When to File. Protest may be filed within fifteen (15) days from the announcement and/or posting of appointments subject of protest.
For this purpose, all appointments or promotions shall be duly announced and/or posted in bulletin boards or at conspicuous places in the Department or Agency within thirty (30) days or within a shorter period from the issuance of the appointment as provided in the agency-approved Merit Selection Plan (MSP).

Section 92. Effect on the Appointment. A protest shall not render an appointment ineffective or bar the approval/validation thereof, by the CSC FO, CSC RO or the Commission, as the case may be, but the approval/validation shall be subject to the final outcome of the protest.
An appointment may still be revoked by the appointing authority prior to the submission to the CSC FO even if the appointee has accepted the appointment and assumed office. A decision or resolution by the appointing authority granting the protest shall be subject to appeal by the appointee or to automatic review by the concerned CSC RO. The appointing authority shall within five (5) days from issuance of such decision or resolution transmit the records of case to the CSC RO for disposition.
The appointing authority, however, does not have the power to revoke an appointment which was already submitted to the CSC FO.

Section 93. When Deemed Filed. A protest is deemed filed, in case the same is sent by registered mail or private courier service, on the date stamped on the envelope or courier pack which shall be attached to the records of the case, and in case of personal delivery, on the date stamped by the agency or the Commission.

Section 94. Effect of Withdrawal of Protest. A protest or an appeal in this case may be withdrawn at any time as a matter of right. The withdrawal of the protest or appeal shall terminate the protest case.

Section 95. Transmittal of Records. In case the decision on protest is appealed to the Commission, the head of department or agency shall forward his/her comment and the records of the case within five (5) days from receipt of the copy of the protest. The records shall be systematically and chronologically arranged, paged and securely bound to prevent loss and shall include the following:
a. Statement of duties or job description of the contested position;
b. Duly accomplished and updated personal data sheets of the parties with certified statement of service records attached;
c. Certified copy of the protested appointment; and
d. Comparative assessment of the qualifications of the protestant and protestee.

Section 96. Dismissal of Protest. A protest shall be dismissed on any of the following grounds:
a. The protestant is not qualified next-in-rank;
b. The protest is not directed against a particular protestee but to “anyone who is appointed to the position” or directed to two or more protestees;
c. No appointment has been issued; or
d. The protest is filed outside of the fifteen (15) -day reglementary period.

Section 97. Finality of Decision. A Decision or Resolution denying a protest shall become final and executory after fifteen (15) days from receipt thereof and no motion for reconsideration, appeal or petition for review has been filed.

Section 98. Effect of Decision. In case the protest is finally decided by the CSC against the protestee, the approval/validation of his/her appointment shall be revoked and the appointment shall be considered disapproved/invalidated. The protestee shall be reverted to his/her former position, if applicable.

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

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