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Question When will a CSC en banc decision become executory

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Sylvia Almazan
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6 years 8 months ago #323 by Sylvia Almazan

Sylvia Almazan created the topic: When will a CSC en banc decision become executory

The CSC Central Office has affirmed the decisions of the CSC FO and CSC RO invalidating an appointment for lack of appropriate eligibility. However, the decision states that as de facto officer, petitioner shall be entitled to salaries and benefits until the decision becomes executory. My question is, when will the decision become executory?

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6 years 8 months ago #325 by Action Officer

Action Officer replied the topic: When will a CSC en banc decision become executory

A decision of the Commission becomes "executory" upon the lapse of the reglementary period to a motion for reconsideration if no motion is perfected.

Meaning if there is no motion for reconsideration filed before the Commission within 15 days from receipt of the decision, the same becomes executory.

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Sylvia Almazan
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6 years 8 months ago #327 by Sylvia Almazan

Sylvia Almazan replied the topic: When will a CSC en banc decision become executory

Thank you for your reply. I have an additional query.

CSC MC No. 15, s. 2002, Item No. 5 states that “Motions for Reconsideration may be filed on appeals denied by the Commission Proper. The Commission shall entertain only one Motion for Reconsideration. Xxx. Item No. 6 states that “The denial of the Commission Proper of the Motion for Reconsideration shall be final and executory.” We take this to mean that payment of salary on the disapproved appointment on which an MR was filed but which was denied will stop upon receipt of the decision on the MR. However, MC No. 25, s. 2014 Item 5 states that “If an appeal on a disapproved/invalidated appointment issued on or before Dec. 31, 2014 is dismissed by the CSCRO or by the Commission, the dispositive portion of the CSCRO or Commission’s Resolution shall state the xxx entitlement of the employee to salaries for actual services rendered under the de facto principle. Item No. 7 further states that “Entitlement to salaries and other compensation shall terminate from the time of receipt by the agency/employee of the decision affirming the disapproval/invalidation of appointment.

My question is: Which will prevail, MC No. 25, s. 2014 or MC No. 15, s. 2002? Is MC No. 15 superseded by MC NO. 25? In other words, when will the payment of salary stop, upon receipt of the decision by Commission Proper? Or only after the MR has been decided upon?
Thank you

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6 years 8 months ago #331 by Action Officer

Action Officer replied the topic: When will a CSC en banc decision become executory

Section 60 of the Revised Rules on Administrative Cases in the Civil Service provides that the filing of a motion for reconsideration within the reglementary period of fifteen (15) days shall stay the execution of the decision sought to reconsidered.

Consequently, the decision becomes executory upon receipt of the decision resolving the MR,

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