Question Invalidated/Disapproved Appointments

1. We would like to seek opinion if there will be any implication regarding the invalidated appointment to her claims and benefits.

A government officer whose appointment was a disapproved by the Commission is considered a de facto officer from the date he/she assumed the duties of the position up to the finality of the decision of the Commission. As such, said officer is entitled to the salaries and benefits of the subject position during the said period.

2. Inquiring on the payment of salaries of an employee whose appointment was disapproved and therefore a de facto officer.

While the aforementioned provision refers to decision of CSC Regional Offices, the same holds true with decisions of CSC Field Offices. Thus, when an appeal is timely filed from the decision of the CSCFO, its execution is held in abeyance. Consequently, in the disapproval of an appointment, the appointee concerned cannot be removed or dismissed from the service pending appeal and the appointee can still perform his work and therefore can receive his salary.

3. Is the employee entitled to salary whose appointment was later disapproved?

Section 10, Rule V of the Omnibus Implementing Regulations of the Revised Administrative Code which provides that an appointment issued in accordance with laws and rules shall take effect immediately upon its issuance by the appointing authority, and if appointee has assumed the duties of the position, he shall be entitled to receive his salary at oncewithout awaiting for the approval of his appointment by the Commission. The appointment shall rremain effective until disapproved by the Commission. In no case shall an appointment take effect earlier than the date of issuance. See also Section 1, Rule IV of the Omnibus Rules on Appointments and Other Personnel Actions. Also the case of Nazareno, e al., vs. City of Dumaguete (GR No. 177795 dated June 19, 2009).

4. Whether the appointee is entitled to receive salary corresponding to the services rendered for the position that was disapproved?

Instructions in accomplishing CSC Form No. 6 (Leave Form) . Likewise, attention is also invited to Section 28, Rule XVI of the Omnibus Rules on Leave specifically Section 28 thereof that Leave of absence without pay for any reason other than illness shall not be counted as part of actual service rendered xxx. Cited also is Section 32, RA No. 7077 (An Act Providing for the Development, Administration, Organization, Training, Maintenance and Utilization of the AFP and for Other Purpose particularly Section 32 thereof (Security of Tenure in Gov't. or Private Employment While in Military Training.