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Deleted Appointment to position (RCC)

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11 months 3 weeks ago - 11 months 3 weeks ago #10829 by Amber
Amber created the topic: Appointment to position (RCC)
Sir/Ma'am,


Good day po!

tanong lang po maari bang mag file ng protest ang isang empleyado patungkol sa appointments?
anu po ba ang mga dapat gawin?

kung ganito po ang kondisyon: Revenue Collection Clerk I (vacant due to retirement)
EMPLEYADO B) APPOINTED

Current Position: Clerk I (designated as RCC for 5 years) B) Former Barangay Kagawad
Relation to retiree: N/A B) Brother
Eligibility Second Level Eligibility Professional B) CSC Memorandum Circular No. 13, s. 2012
Educational Attainment: BSBA - major in Human Resource B) College Level (not sure)
Last Edit: 11 months 3 weeks ago by Amber.

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11 months 1 week ago #11013 by Action Officer
Action Officer replied the topic: Appointment to position (RCC)
Good day!

Please be guided by the pertinent provisions on the Rules on Protest under Rule 18 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), as follows:

“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 Regional Office, 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.

xxx

"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. "

It is hoped that we amply addressed your concern.

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11 months 1 week ago #11014 by Amber
Amber replied the topic: Appointment to position (RCC)
"Section 92. Effect on the Appointment………. "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……… why would he revoke his appointment in the first place? it is his selected personnel..

“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.

Doesn’t help employee who will file protest, in this case he is also possess the qualification pero hindi kasalukuyang empleyado.

If an employee file a protest will he be vindicated or he is digging his own grave?

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