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Question Appointment

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ARLENE
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6 years 10 months ago #115 by ARLENE

ARLENE created the topic: Appointment

Good day.

The appointment was approved by the acting mayor during the 3 months suspension of the mayor. When the mayor returns, the appointment was still at the LGU. The mayor refused to sign the Report of Appointment Issued. What will happen now to the appointment? Can this appointment be submitted to CSC without the Report of Appointment Issued? Who will sign now the RAI?

Thanks

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Action Officer 3
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6 years 10 months ago #118 by Action Officer 3

Action Officer 3 replied the topic: Appointment

To guide you on your concern, please refer to Rule VI Section 1 (par. 2-4), --- In case of appointment issued by accredited agencies, the Report of the Personnel Action or Reports on Appointment Issued (RAI) together with photocopies of appointment issued during the month shall be submitted within fifteen (5) days of the succeeding month. Appointments not submitted with the prescribed period shall be made effective thirty (30) days prior to date of submission. If appointee does not assume office within thirty (30) calendar days from receipt of the approved appointment, the same may be cancelled by the appointing authority and reported to the Commission for record purposes. The position is automatically deemed vacant without the need for an approval or declaration by the Commission. If the appointee is not allowed to assume office by the appointing authority despite the Commission's approval of the appointment, said official shall be held administratively liable therefor.

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ARLENE
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6 years 10 months ago #128 by ARLENE

ARLENE replied the topic: Appointment

The mayor is stopping the appointment (appointment signed by the acting mayor) not to be submitted to CSC by not signing the RAI. What will happen now to the appointment?
Thanks

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Action Officer 4
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6 years 10 months ago #142 by Action Officer 4

Action Officer 4 replied the topic: Appointment

Sir/Madam:

Thank you for replying.

You mentioned in your reply that a certain mayor is inclined to stop the submission of an appointment to the CSC by not signing the RAI. You also represented that said appointment was signed by the acting mayor.

Your query is, "What will happen to your appointment?"

Since your query does not speak whether such appointee received such appointment, we qualify our answers. First, in case the appointee received his/her appointment; and second, in case the appointee never received his/her appointment.

1) In case the appointee received his/her appointment:

As far as your appointment is concerned, it is already effective. Section 1, Rule IV (Effectivity of Appointment), Revised Omnibus Rules on Appointments and Other Personnel Action (CSC MC No. 40, s. 1998), provides that:

"Section 1. An appointment issued in accordance with pertinent laws and rules shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitled to receive his salary at once without waiting the approval of his appointment by the Commission. The appointment shall remain effective until disapproved by the Commission. In no case shall an appointment take effect earlier than the date of its issuance."

As per above-cited, an appointment remain effective until disapprove by the Commission.

Now, what happens if such appointment and/or RAI is not submitted to the Commission for approval/invalidation, as in the case you presented? You mentioned that the mayor is stopping the submission of a certain appointment by not signing the RAI. May we invite your attention to Item 8, A, CSC MC 25, s. 2014 (Recording of Services Rendered in the Government; Amendment to CSC Resolution No. 062179 dated December 6, 2006), which reads, as follows:

"8. The delay in the submission of appointment or Report on Appointments issued (RAI) to the CSCFO or CSCRO shall not be taken against the appointee. The effective date of appointment shall not be adjusted based on the delay, thus the original date of appointment shall be retained. The responsible official/s who caused the delay in the submission of the appointment may be held administratively liable for neglect of duty."

The afore-cited policy clearly states that delay in the submission of the Appointment or RAI will not have an adverse effect on the appointment of an appointee. In such case, however, the date of his/her appointment shall be retained and the responsible official/s who caused such delay could be administratively charge for neglect of duty.

2) In case the appointee never received the subject appointment:

If the appointment was not received by the appointee, said appointment will not take effect and is not consummated. We invite your attention to Section 4, Rule IV, CSC MC 40, 1998, which reads, as follows:

"Section 4. No official or employee shall be required to assume duty without being furnished with a copy of his appointment after it is issued by the appointing authority. The appointee shall acknowledge receipt of the appointment by signing on the duplicate and other copies of said appointment."

We hope we have enlightened you.

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