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Question Disapproved Temporary Appointment

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2 years 5 months ago #9473 by Aira Formento
Aira Formento created the topic: Disapproved Temporary Appointment
Good day po. I've been holding a Temporary Appointmemt for more than a year and afterwhich, my appointment was disapproved by CSC. After the disapproval, I was hired thru contractual of service and after few months I was issued a permanent position. I just want to ask po if the services rendered during my temporary appointment which was later disapproved can be considered government service esp. in computing longetivity pay? Thank you for clarification

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2 years 5 months ago #9479 by Action Officer
Action Officer replied the topic: Disapproved Temporary Appointment
Good day Sir/Maam.

Please be informed that as a policy, the Commission does not render opinions/rulings on issues that may eventually be the subject of a complaint 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.

Nevertheless, we will cite the pertinent provisions under the Civil Service rules and applicable jurisprudence that will best answer your queries.

Section 86 of the 2017 Rules on Administrative Cases in the Civil Service provides, as follows:

Section 86. Invalidation or Disapproval; Who May Appeal; Effect. Either the appointing authority or the appointee may assail the invalidation or disapproval of an appointment. Pending resolution of the appeal before the CSC, the appointee shall remain in his/her position with entitlement to salaries. In case an appointment is finally invalidated or disapproved, the appointee shall be entitled to restoration to his/her previous position, if applicable.

When an appointment is invalidated/disapproved on grounds that do not constitute a violation of civil service law, the appointee shall be considered a de facto official/employee for which he/she is entitled to payment of salaries from the government and the services are creditable government service. On the other hand, when an appointment is invalidated/disapproved for violation of pertinent laws such as publication requirement pursuant to Republic Act No. 7041 , among others, the services of the appointee shall not be credited as government service and the salaries of the appointee shall be borne by the appointing authority and/or the persons responsible for the commission of the violation of a rule, law.

Agencies may fill up a vacant position resulting from promotion only after the CSC has approved/validated the promotional appointment, except in meritorious cases as may be authorized by the Commission.

We hope to have been of service to you.

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