×
ADVISORY!

The views and opinions expressed in this forum are those of the online action officers and not necessarily those of the Office for Legal Affairs or the Commission on CSC laws, rules and regulations. Also, be reminded that the views of the action officer is a mere advice that does not bind the office.

When posting, you agree that the administrator has the right to delete your posts or ban your account without prior warning in case of non-observance of any of the guidelines.
Guidelines to clients:

1. Please browse the frequently asked questions first to see if there are already the same or related questions that were asked on your query/ies;
2. Official response to issues shall be provided by the concerned office of the Commission, not through this forum;
3. Requests for the status of the case is not allowed in this forum;
4. Questions regarding the scheduled CSC examination will be deleted;
5. This forum is categorized according to subject matter. Please post your queries in appropriate category;
6. Post a descriptive topic name. Give a short summary of your problem/s;
7. No spam in this forum. Your posts will be deleted and your account will be banned without prior warning;
8. Refrain from posting pictures and offensive words or links. Violation of this rule shall give the administrator the right to delete your posts and ban your account without prior warning;
9. Please report to administrators if you see a user violating any of this guidelines;
10. Be respectful to the administrators and users; and
11. Please avoid text-message style substitution of words like “r” for “are” and “u” for “you”. If your message is difficult to understand the administrator shall inform you to rewrite your message.

Question Designation in Acting Capacity

  • Renier JN Bornas
  • Renier JN Bornas's Avatar Topic Author
3 years 5 months ago #8179 by Renier JN Bornas
Renier JN Bornas created the topic: Designation in Acting Capacity
Good morning,

I have been designated in acting capacity in the last 2 and half years and will end this November 2021. However, for lack of available personnel, our RD wants to re-designate me again to the same position after my third year, with our RD acting in a concurrent capacity in the meantime.

My question is, how long should be the gap be between the end of my third year and my re-designation in the same acting capacity or what is the allowed shortest gap? Is three months allowed? This period will also be used as the period that our RD will act in a concurrent capacity.

Thank you.

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #8186 by Action Officer 23
Action Officer 23 replied the topic: Designation in Acting Capacity
Relative to your query is Section 13 (c), Rule IV, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018)

Designation shall be governed by the following rules:

"Employees to be designated should hold permanent appointments to career positions.

"Designees can only be designated to positions within the level they are currently occupying. Employees holding first level positions can not be designated to perform the duties of second level positions except in meritorious cases as determined by the CSC Regional Office upon request for exemption by the agency concerned, such as organizational set-up, calamity, and due to exigency of the service. This exception shall not apply to positions involving supervisory and executive managerial functions. Division Chiefs may be designated to perform the duties of second level executive/managerial or third level positions.

"For positions with incumbents who temporarily can not perform the duties of the position (due to vacation or sick leave, study leave, scholarship, maternity leave, special assignments), the designation should be synchronized with the absence of the incumbent, unless earlier revoked or recalled by the appointing officer/authority. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.

"For positions without incumbents, a designation may be made only for a maximum of one (1) year. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.

"Designations shall be made through an office order issued by the appointing officer/authority concerned.

"For designation to critical positions in the local government units such as Provincial/City/Municipal Government Department Head, a copy of the office order shall be furnished by the HRMOs of the LGUs to the CSC FO concerned within thirty (30) days upon its issuance. Employees designated to positions with duties involving practice of profession shall be required to possess the necessary professional license."

"Designees cannot be granted the salaries of the positions they are being designated to. However, allowances that go with the performance of the functions such as RATA (Representation and Transportation Allowance) or EME (Extraordinary and Miscellaneous Expenses) may be granted as provided under the provisions of the General Appropriations Act (GAA) or appropriation ordinance of the respective local sanggunian; provided, the grant of the same is specifically stated in the designation order.

"Only experience gained from designation compliant with the abovestated rules shall be credited as relevant experience for purposes of appointment."


The foregoing rules states that designation to a particular position should not exceed two (2) years. Moreover, there is no provision on gap in-between designations to the same position.

We hope to have of service to you.
The following user(s) said Thank You: Renier JN Bornas

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #8206 by Noel Papares
Noel Papares replied the topic: Designation in Acting Capacity
I found the discussion here very relevant, interesting and enlightening.

What is the legal implication if the designation had already exceeded the 2-year limit?

Does it mean that he or she could no longer be designated to the position?

Does it mean that any designation made beyond two (2) years will be deemed invalid?

Thank you for your prompt and informative answer.

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #8214 by Action Officer 2
Action Officer 2 replied the topic: Designation in Acting Capacity
Good day!

As provided under Section 13(c) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), As Amended (2019 Edition) only experience gained from designation compliant with the rules shall be credited as relevant experience for purposes of appointment. As to whether it would have other legal implications, the rules do not specifically provide for such.

We hope to have enlightened you on the matter. Thank you.
The following user(s) said Thank You: Renier JN Bornas

Please Log in or Create an account to join the conversation.

  • Renier JN Bornas
  • Renier JN Bornas's Avatar Topic Author
3 years 3 months ago #8442 by Renier JN Bornas
Renier JN Bornas replied the topic: Designation in Acting Capacity
First of all, thank you for the clarification.

Additional question is, instead of designating me in acting capacity, the designation will now be as an OIC. Is this still covered by the limitation on designation considering that being an OIC is different from being an Acting RD? The authority of an OIC is only limited and not similar to that of an Acting RD.

Thank you for your usual prompt reply.

Please Log in or Create an account to join the conversation.

Powered by Kunena Forum