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Question Motion for Reconsideration to the CSC Central Office

6 years 7 months ago #449 by greg
greg created the topic: Motion for Reconsideration to the CSC Central Office
Good day!

Kindly help on my dilemma. My appointment to a certain government position has been disapproved by CSCFO. Our current head of office appealed to the CSCRO in my behalf but CSCRO affirmed the disapproval. Our head of office then advise me to step down and vacate the post I currently hold. This prompt me that he no longer wanted to make an appeal to the CSCCO on my behalf. Would it be alright if I'll file my own MR even though he made the appeal to the CSCRO? If it's alright, to whom shall I address the MR? Is there still a need for me to furnish a copy of my appeal to our head of office? to CSCFO? and to CSCRO?

Another thing that bothers me is that the reason of disapproval of my appointment is I do not met the required experience. But our former head of office, who issued the permanent appointment that was disapproved, had issued me special order (SO) that made me perform the required experience. Though it is true that I never was appointed to the position required, but I already performed the duties and functions of that required position by virtue of the SO. My question is, am I correct with this argument? Kindly enlighten me also on the provision found on Part III. On Experience, Rule VIII. Qualification Standards, of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions.

Thank you very much in advance. I really appreciate if you could enlighten me before my probation to make appeal ends on August 22.

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6 years 7 months ago #454 by Action Officer 16
Action Officer 16 replied the topic: Motion for Reconsideration to the CSC Central Office
Please be informed that as a policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

Nonetheless, we would like to invite your attention to Sections 77 and 78, Rule 16, Revised Rules on Administrative Cases in the Civil Service (RRACCS) which provide, as follows:

"Section 77. Invalidation or Disapproval; Who may Appeal. - Either the appointing authority or the appointee may assail the invalidation or disapproval of an appointment."

"Section 78. Where and When to File. - Appointments invalidated or disapproved by the CSCFO may be appealed to the CSCRO while those invalidated or disapproved by the CSCRO may be appealed to the Commission within the fifteen (15) day reglementary period.

"To facilitate prompt actions on invalidated or disapproved appointments, motions for reconsideration filed with the CSCFO shall be treated as an appeal to the CSCRO and a Motion for Reconsideration at the CSCRO will be treated as an appeal to the Commission and all the records thereof including the comments of the CSCFO or CSCRO shall, within ten (10) days from receipt of the latter, be forwarded to the CSCRO or the Commission as the case may be.

"The action of the CSCRO concerned may be appealed to the Commission within fifteen (15) days from receipt thereof.

"The appeal field before the CSCROs and the Commission shall comply with the requirements for the perfection of an appeal enumerated in Sections 113 and 114."

Further, Section 3, Rule VI, Revised Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 40, series 1998) states that:

"Sec. 3. When an appointment is disapproved, the services of the appointee shall be immediately terminated, unless a motion for reconsideration or appeal is seasonably filed.

"Services rendered by a person for the duration of his disapproved appointment shall not be credited as government service for whatever purpose.

"If the appointment was disapproved on grounds which do not constitute a violation of civil service law, such as failure of the appointee to meet the Qualification Standards (QS) prescribed for the position, the same is considered effective until disapproved by the Commission or any of its regional or field offices. The appointee is meanwhile entitled to payment of salaries from the government.

"If a motion for reconsideration or an appeal from the disapproval is seasonably filed with the proper office, the appointment is still considered to be effective. The disapproval becomes final only after the same is affirmed by the Commission."

With regard to experience, Part III (1), CSC Memorandum Circular No. 12, s. 2003 (Revised Policies on Qualification Standards) provides, as follows:

“1. Relevant experience refers to previous employment or jobs or volunteer work on a full time basis in either the government or private sector, whose duties, as ascertained by the Human Resource Management Officer or authorized officials of the previous employer, are functionally related to the duties in the Position Description Form of the position to be filled.”

We hope to have enlightened you on the matter.

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