HUMAN RESOURCE ACTIONS

Any action denoting the movement or progress of

officials and employees in the civil service which
includes appointment, promotion, transfer,
reappointment, reinstatement, reemployment,
reclassification, detail, designation, reassignment,
secondment, demotion and separation from the
service.

2
CASES COGNIZABLE BY THE CSC RO

•APPEALS
✓Disapproval/recall of approval/ invalidation of
appointments
✓Decisions of appointing authorities on
protests, other HR actions and non-disciplinary
actions

•Requests for corrections of personal information in

the records of the commission3
 DISAPPROVAL/
INVALIDATION OF
APPOINTMENT
RULE 17, 2017 RACCS

4
EFFECTIVITY OF APPOINTMENT

•An appointment takes effect immediately on the

date it was signed by the appointing
officer/authority

•Appointee is entitled to receive salary w/o awaiting

the approval by the commission

•Effective until disapproved by the commission

GROUNDS FOR DISAPPROVAL OF
APPOINTMENT
•Appointee does not meet the QS for the position
•Appointee has been dismissed for cause
•The appointee has intentionally made a false
statement of any material fact or has practiced or
attempted to practice any deception or fraud in
connection with the appointment
GROUNDS FOR DISAPPROVAL OF
APPOINTMENT

•Appointment issued in violation of the CSC-

approved merit selection plan of the agency

•Contractual/casual appointment has been issued

to fill a vacant position in the plantilla of personnel
GROUNDS FOR DISAPPROVAL OF
APPOINTMENT

•Appointment was issued in violation of CS law,

rules, regulations, the board/bar, LGC, Publication
Law, Omnibus Election Code, and other pertinent
laws
EFFECT OF DISAPPROVAL/INVALIDATION

•Services of the appointee shall be terminated after

15 days from receipt of the letter/decision of
disapproval/invalidation, unless an MR or appeal is
seasonably filed.

•Considered effective until the

disapproval/invalidation is affirmed by the CSCRO or
the Commission.
GROUND: NOT A VIOLATION OF PERTINENT
LAWS

•Appointee is considered a de facto

official/employee

•Entitled
to payment of salaries from the
government

•Services are creditable government service

10
GROUND: VIOLATION OF PERTINENT LAWS

•Services are not credited as government service

•Appointee’s salary is borne by the appointing
authority and/or persons responsible for the
violation of rule, law.

11
 Agencies may fill up a vacant position
resulting from promotion only after the
CSC has approved/validated the
promotional appointment.

12
WHO:

•Appointing authority

•The appointee

13
WHEN & WHERE TO FILE APPEAL

15 CSC 15 CSC 15 CA
Days
RO Days CO Days
SC

MR is treated as appeal 14
Pending appeal, appointee
remains in his/her position
and entitled to salaries.
 If appointment is finally
disapproved, appointee is
entitled to restoration to
previous position, if
applicable
 PROTEST AND
REVOCATION OF
APPOINTMENTS
RULE 18, 2017 RACCS

17
PROTEST

•WHO MAY FILE:

ONLY a qualified next-in-rank

•GROUND:
Appointee does not possess the
minimum QS.
18
QUALIFIED NEXT-IN-RANK

An employee appointed on a permanent basis to a

position previously determined to be a next-in-
rank to the vacancy and who meets the
requirements for appointment thereto as
previously determined by the appointing authority
and approved by the commission
19
WHERE TO FILE:

Head of CSC
CSC RO
Agency Proper

20
WHEN TO FILE

Within 15 days from the announcement and/or

posting of appointments subject of protest

21
EFFECT ON THE APPOINTMENT:

•Shall not render an appointment ineffective or

bar the approval/validation thereof by the CSC

•Approval/validation is subject to the final

outcome of the protest

22
 Appointment may still be revoked by the
appointing authority prior to the submission to
the CSC FO even if the appointee has accepted
the appointment and assumed office

23
DECISION/RESOLUTION BY APPOINTING
AUTHORITY GRANTING PROTEST

•Subjectto appeal by the appointee or to

automatic review by the CSC RO

•Records of case shall be transmitted to the CSC

RO w/n 5 days from decision/resolution.

24
 The appointing authority
does not have the power
to revoke an appointment
already submitted to the
CSC FO
The protest or appeal may
be withdrawn anytime as
a matter or right. The
withdrawal shall terminate
the protest case.
GROUNDS FOR DISMISSAL OF
PROTEST
•Protestant is not a qualified next-in-rank
•Not directed against a particular protestee but to “anyone
who is appointed to the position” or directed to two or more
protestees

•No appointment has been issued

•Protest is filed beyond reglementary period
27
FINALITY OF DECISION

Decision/resolution
denying a protest shall
become final and
executory after 15 days
from receipt and no MR,
appeal or petition for
review has been filed.
28
EFFECT OF DECISION AGAINST PROTESTEE

•Approval/validation of the appointment shall be

revoked and the appointment shall be considered
disapproved/invalidated.

• Protestee shall be reverted to former position, if

applicable.

29
 A decision in a protest case
against the protestee will not
entitle the protestant to the
contested/ protested position

30
Can a designation be the
subject of a protest?
Tapispisan vs. CA, 459 SCRA 695
(2005)

Only appointments/promotions and not

designation can be the subject of a protest.
Designation, being temporary in nature, does
not amount to the issuance of an appointment,
but is a mere imposition of additional duties.”
Tapispisan vs. CA, 459 SCRA 695
(2005)

Appointment is the selection, by the authority

vested with the power, of an individual who is
to exercise the functions of a given office.
When completed, usually with its confirmation,
the appointment results in security of tenure
for the person chosen unless he is replaceable
at pleasure because of the nature of his office.
Tapispisan vs. CA, 459 SCRA 695
(2005)

Designation, on the other hand, connotes

merely the imposition by law of additional
duties of an incumbent official. Where the
person is merely designated and not
appointed, the implication is that he shall hold
the office only in a temporary capacity and
may be replaced at will by the appointing
authority. In this sense, the designation does
not confer security of tenure on the person
named.
RECALL OF APPOINTMENT

•WHO MAY FILE

Commission; CSCRO; CSCFO, motu proprio
or upon petition by any person

•GROUND
Appointee does not meet the required QS or the
appointment was issued in violation of CS laws,
35
rules, and regulations
RECALL OF APPOINTMENT

•Anytime during a
subsisting
appointment

•CSC RO which has

jurisdiction over the
36 appointee
During the pendency of
the petition, the appointee
shall remain and continue
to discharge the functions
of the position.
EFFECT OF DECISION AGAINST THE
APPOINTEE

•Approval/validation of the appointment shall be

revoked and the appointment shall be considered
disapproved/invalidated.

• Incase of promotion within the same agency,

appointee shall be reverted to former position, if
applicable.
38
FINALITY OF DECISION

Decision/resolution shall
become final and
executory after 15 days
from receipt and no MR,
appeal or petition for
review has been filed.
 CAN A NEXT-IN-RANK CLAIM
VESTED RIGHT TO THE HIGHER
POSITION
ANGEL ABAD VS. DELA CRUZ, G.R.
NO. 207422, MARCH 18, 2015

The next-in-rank rule is a rule of preference on who to

consider for promotion. The rule does not give
employees next in rank a vested right to the position
next higher to theirs should that position become
vacant.

41
ANGEL ABAD VS. DELA CRUZ, G.R.
NO. 207422, MARCH 18, 2015

Appointment is a discretionary power of the

appointing authority. So long as the appointee
possesses the qualifications required by law, the
appointment is valid. His appointment must be
respected even if it be proved that there are
others with superior credentials.

42
ANGEL ABAD VS. DELA CRUZ, G.R.
NO. 207422, MARCH 18, 2015

To successfully protest the issuance of an

appointment, the employee next in rank must
prove his or her status as a qualified next-in-rank;
otherwise, the protest shall be dismissed. The
burden of proof rests on the employee alleging
that he or she is next in rank.

43
DROPPING FROM
THE ROLLS
RULE 20, 2017 RACCS
GROUNDS:

✓Absence without approved leave (AWOL)

✓ Unsatisfactory or poor performance
✓ Physical and mental incapacity

45
 THIRTY (30)
WORKING DAYS

•Dropped from the rolls without prior notice

which shall take effect immediately.

•Notice to be sent to the last known address

46
 LESS THAN THIRTY
(30) WORKING DAYS

•Written Return-to-Work Order sent to the

employee’s last known address on record

•Failure to report to work within the period stated

in the order, which shall not be less than 3 days, is
a valid ground to drop employee from the rolls.

47
 If the official or employee concerned has established a
scheme to circumvent the rule by incurring substantial
absences though less than thirty (30) working days 3x in a
semester, such that a pattern is already apparent, dropping
from the rolls without notice may be justified.

49
Campol vs. Balao-as and Sianen,
G.R. No. 197634, Nov. 28, 2016

In the eyes of the law, the position never became

vacant since Campol was illegally dropped from
the rolls. Hence, the incumbency of the person
who assumed the position is only temporary and
must give way to Campol whose right to the
office has been recognized by the proper
authorities.
Campol vs. Balao-as and Sianen,
G.R. No. 197634, Nov. 28, 2016

An employee of the civil service who is ordered

reinstated is also entitled to the full payment of
his or her backwages during the entire period of
time that he or she was wrongfully prevented
from performing the duties of his or her position
and from enjoying its benefits. This is necessarily
so because, in the eyes of the law, the employee
never truly left the office.
Campol vs. Balao-as and Sianen,
G.R. No. 197634, Nov. 28, 2016

Fixing the backwages to five years or to the

period of time until the employee found a new
employment is not a full recompense for the
damage done by the illegal dismissal of an
employee. Worse, it effectively punishes an
employee for being dismissed without his or her
fault.
Campol vs. Balao-as and Sianen,
G.R. No. 197634, Nov. 28, 2016

In cases like this, the twin award of

reinstatement and payment of full backwages
are dictated by the constitutional mandate to
protect civil service employees' right to security
of tenure. Anything less than this falls short of
the justice due to government employees
unfairly removed from office.
Campol vs. Balao-as and Sianen,
G.R. No. 197634, Nov. 28, 2016

This entitlement to full backwages also means

that there is no need to deduct Campol's
earnings from his employment with PAO from
the award. This is consistent with our ruling that
an employee illegally dismissed has the right to
live and to find employment elsewhere during
the pendency of the case.
Campol vs. Balao-as and Sianen,
G.R. No. 197634, Nov. 28, 2016

At the same time, an employer who illegally

dismisses an employee has the obligation to pay
him or her what he or she should have received
had the illegal act not be done. It is an employer's
price or penalty for illegally dismissing an
employee.
UNSATISFACTORY
OR POOR

•Two (2) consecutive unsatisfactory ratings

•Poor performance rating for one (1) evaluation

period

56
UNSATISFACTORY PERFORMANCE

•Notice in writing
•Informing the employee of his/her
unsatisfactory performance for a semester

•Warning that a succeeding unsatisfactory

performance may warrant his/her dropping from
the rolls

57
UNSATISFACTORY PERFORMANCE

•Notice sent not later than 30 days from the end

of the semester

•Contain sufficient information which shall

enable the employee to prepare an explanation

58
POOR PERFORMANCE

An official or employee, who for one

evaluation period is rated poor in performance
may be dropped from the rolls after due notice

59
POOR PERFORMANCE

•Notice in writing
•Informing the employee of the status of his/her
performance

•Within 15 days after the end of the 3rd month

60
POOR PERFORMANCE

•Warning that failure to improve performance

within the remaining period of the semester shall
warrant his/her dropping from the rolls

•Contain sufficient information which shall enable

the employee to prepare an explanation

61
LEGASPI, EVANGELINA T., CSC
DECISION NO. 160001, JAN. 4, 2016 (MUST
READ)

..The requirements for a valid dropping from the

rolls due to unsatisfactory performance are the
following:
(1) the official or employee is given two (2)
consecutive unsatisfactory ratings;
(2) due notice.
LEGASPI, EVANGELISTA T, CSC
DECISION NO. 160001, JAN. 4, 2016 (MUST READ)

Due notice means that the officer or

employee concerned is informed in writing
of his/her unsatisfactory performance and is
sufficiently warned that a succeeding
unsatisfactory performance shall warrant
his/her separation from the service…
LEGASPI, EVANGELISTA T, CSC
DECISION NO. 160001, JAN. 4, 2016 (MUST
READ)

…The notice shall be given not later than thirty

(30) days from the end of the semester and shall
contain sufficient information which shall
enable the official or employee to prepare an
explanation.
LEGASPI, EVANGELISTA T, CSC DECISION
NO. 160001, JAN. 4, 2016 (MUST READ)

Municipal administrator, pursuant to the duties

and functions vested in him under the local
government code, is empowered to assist in the
coordination of work of all officials of the local
government unit under the supervision and
control of the mayor.
LEGASPI, EVANGELISTA T, CSC
DECISION NO. 160001, JAN. 4, 2016 (MUST READ)

Administrator, policarpio has the power to

assist mayor feliciano in the assessment of the
performance of legaspi as well as the power to
recommend her dropping from the rolls.
PHYSICAL UNFITNESS

•Continuous absence for more than one (1) year by

reason of illness

•Intermittent absence by reason of illness for at

least 260 working days during a 24-month period

✓May be declared physically unfit to perform

duties and consequently dropped from the rolls

67
MENTAL DISORDER

•Behaving abnormally for an extended period

•Manifest continuing mental disorder
✓Employee shall be provided necessary HR
and psychological interventions

68
MENTAL DISORDER

•After interventions, continued abnormal

behavior/mental disorder is manifested

•As reported by co-workers or immediate

supervisor and confirmed by a licensed
psychiatrist

✓May dropped from the rolls

69
ROMAGOS VS. METRO CEBU WATER
DISTRICT, ET AL., G.R. NO. 156100,
SEPTEMBER 12, 2007

Before an officer or employee may be dropped

from the rolls for mental incapacity, it should be
established through substantial evidence that
such abnormal behavior manifests a continuing
mental disorder and incapacity to work.
ROMAGOS VS. METRO CEBU
WATER DISTRICT

…A declaration of mental disorder does not

automatically translate to a judgment of
mental incapacity to perform work. A window
remains open for the affected officer or
employee to counter opinion on his mental
condition and to show that his ability to work
remains unimpaired.
ROMAGOS VS. METRO CEBU
WATER DISTRICT

Only then may the appointing authority or head

of office decide on whether said officer or
employee is no longer mentally capable of
performing his work and should be
discharged. These requirements are designed to
obviate misuse of non-disciplinary modes of
separation for petty vengeance or vicious
harassment.
DROPPING FROM THE ROLLS

•WRITTEN NOTICE
Signed by the highest ranking HRMO upon
recommendation of the immediate supervisor
of the employee concerned
•ORDER OF SEPARATION
Signed by the appointing authority or head of
office
73
Agency shall not entertain an MR from the
order of separation through dropping from
the rolls.

74
Employee shall appeal directly to the
Commission Proper within 15 days.

75
Pending appeal, order of separation is
immediately executory.

76
 DROPPING FROM THE
ROLLS

•Non-disciplinary in nature

•Shall not result in the forfeiture of any benefits on

the part of the official/employee

•Not a disqualification from reemployment in the

77
government
 SEPARATION
FROM THE
SERVICE
DURING
PROBATIONARY
PERIOD

81
PROBATIONARY PERIOD

The period of actual service following the

issuance of a permanent appointment wherein
the appointee undergoes a thorough character
investigation and assessment of capability to
perform the duties of the position enumerated in
the position description form (PDF).
82
 Six (6) months or as
required by the position
COVERAGE

•Those who are issued original appointments

under permanent status in the career service
and who meet all the requirements of the
position;

•Non-career service employees who are

reappointed/reemployed to a career position
under permanent status;

84
COVERAGE
•Temporary appointees who after meeting the eligibility
requirements for a permanent appointment in the career
service are reappointed (change of status to permanent);

•Those who are reemployed under permanent status;

•First-time appointees to closed career positions, unless

otherwise provided under the agency charter;
85
COVERAGE

•Teachers under provisional status, for not less than 1 year

from the date of original provisional appointment;

•Appointees to category III positions as provided in CSC MC

11, s. 1996, as amended, for a period of 1 year;

•Appointees whose positions require probationary period as

may be provided by law.
86
 A notation that the
appointee is under
probation for a specified
period shall be indicated in
the appointment issued.
PERFORMANCE REVIEW DURING THE
PROBATIONARY PERIOD

At least twice during the probationary period and

within every three (3) months or six (6) months
depending on the duration of the probationary
period

90
GROUNDS FOR TERMINATION

• Unsatisfactory conduct
• Want of capacity
• WHEN:
On the sixth month or depending on the
duration of the probationary period

91
UNSATISFACTORY CONDUCT OR
BEHAVIOR

The failure of the appointee to observe

propriety in his/her acts, behavior and
human/public relations, and to irregular
punctuality and attendance while performing
their duties and responsibilities during the
probationary period.
92
WANT OF CAPACITY

The failure of the appointee during the

probationary period to perform the duties and
responsibilities based on standards of work
outputs agreed upon and reflected in the duly
signed performance targets despite
developmental interventions provided.

93
NOTICE OF TERMINATION OF SERVICE

•WHO ISSUES
Appointing officer/authority

•WHEN
15 days immediately after it was proven that the
employee demonstrated unsatisfactory conduct
or want of capacity
94
NOTICE OF TERMINATION OF SERVICE

•CONTENTS
Reason for the termination of service

•SUPPORTING DOCUMENT
✓Performance evaluation report
✓Report of the immediate supervisor (rater)
✓Other valid document to support to notice
of termination
95
NOTICE OF TERMINATION OF SERVICE

•Executory after 15 days from receipt

•May be appealed to the CSC RO within 15 days
•Executory pending appeal

96
If no notice of termination is given before the expiration of
the 6-month period, the probationer becomes a regular
employee of the agency concerned.

97
 ARE PROBATIONARY
EMPLOYEES ENTITLED
TO SECURITY OF
TENURE?
CSC VS. MAGNAYE, G.R. NO. 183337,
APRIL 23, 2010

Our constitution, in using the expressions “all

workers” and “no officer or employee,” puts no
distinction between a probationary and a
permanent or regular employee which means
that both probationary and permanent
employees enjoy security of tenure.
CSC VS. MAGNAYE

Probationary employees enjoy security of tenure in

the sense that during their probationary
employment, they cannot be dismissed except for
cause or for failure to qualify as regular employees.
CSC VS. MAGNAYE

Magnaye was denied procedural due process when

he received his notice of termination only a day
before he was dismissed from the service.
Evidently, he was effectively deprived of the
opportunity to defend himself from the charge
that he lacked the capacity to do his work and that
his conduct was unsatisfactory.
CSC VS. MAGNAYE

He was also denied substantive due process

because he was dismissed from the service without
a valid cause for lack of any factual or legal basis
for his want of capacity and unsatisfactory
conduct.
REASSIGNMENT
SECTION 13 (A), RULE IV, ORAOHRA
REASSIGNMENT

Movement of an employee across the

organizational structure within the same
department or agency, which does not involve a
reduction in rank, status or salary.

104
Entienza, Eric N., Reassignment (Petition
for Review), CSC Resolution No. 091352,
September 22, 2009,

'rank' is generally understood as a position in

a hierarchy, a grade of advancement in an
organization. 'Status' is the position of one in
relation to others. While 'salary' is the generic
term for emoluments and customary
perquisites of office or employment.
Entienza, Eric N., Reassignment (Petition
for Review), CSC Resolution No. 091352,
September 22, 2009,

A diminution of 'any' of the foregoing makes

the reassignment illegal. The diminution in
rank or status or in salary simply cannot
lawfully be done.
Entienza, Eric N., Reassignment (Petition
for Review), CSC Resolution No. 091352,
September 22, 2009,

There is diminution of rank when there is no

specificity of time, duties and responsibilities,
thereby placing the official reassigned without
any specific responsibilities.
Entienza, Eric N., Reassignment (Petition
for Review), CSC Resolution No. 091352,
September 22, 2009,

There is diminution of status where an official

or employee is deprived of his regular duties by
reassigning him to perform a lower level of
duties.
Entienza, Eric N., Reassignment (Petition
for Review), CSC Resolution No. 091352,
September 22, 2009,

diminution of salary exists when there is

actual reduction of salary due to demotion.
DURATION:

•If appointment is station-specific

✓Maximum period of one (1) year.

•If appointment is not station-specific

✓ One (1) year maximum period shall not
apply

110
STATION SPECIFIC APPOINTMENT

•The particular office or station where the

position is located is specifically indicated on the
face of the appointment paper.

•The position title already specifies the station

•Other positions with organizational unit/station-
specific functions

111
 The restoration or return to the original
post/assignment shall be automatic without the
need of any order of restoration/revocation of
the order of reassignment.

112
NON-STATION SPECIFIC
APPOINTMENT

• Employee may request for the recall of the

reassignment

•Reassignment may be revoked or recalled by the

appointing authority

•May be declared invalid by the CSC or a

competent court, on appeal

113
Reassignment is presumed
to be regular and made in
the exigency of the service.
CONSTRUCTIVE DISMISSAL

Exists when an official or employee quits his/her

work because of the agency head’s
unreasonable, humiliating, or demeaning
actuations, which render continued work
impossible because of geographic location,
financial dislocation and performance of other
duties and responsibilities inconsistent with
those attached to the position.

115
REASSIGNMENT THAT CONSTITUTES
CONSTRUCTIVE DISMISSAL

•Employee to perform duties and responsibilities

inconsistent with the duties and responsibilities
of his/her position such as from a position of
dignity to a more servile or menial job.

•Reassignment to an office not in the existing

organizational structure.
116
REASSIGNMENT THAT CONSTITUTES
CONSTRUCTIVE DISMISSAL
• Reassignment to an existing office but the employee is
not given any definite duties and responsibilities.

•Reassignment that will cause significant financial

dislocation or will cause difficulty or hardship on the part
of the employee because of geographic location

•Reassignment that is done indiscriminately or

whimsically 117
Reassignment that results in
constructive dismissal must
be sufficiently established.
REMEDY

Appeal w/n
CSC RO CSC Proper
15 days

119
Pending appeal, the reassignment shall
NOT be executory.

120
Republic vs. Pacheo; G.R. No. 178021,
January 25, 2012

While a temporary transfer or assignment of

personnel is permissible even without the
employee's prior consent, it cannot be done when
the transfer is a preliminary step toward his
removal, or a scheme to lure him away from his
permanent position, or when it is designed to
indirectly terminate his service, or force his
resignation. Such a transfer would in effect
circumvent the provision which safeguards the
tenure of office of those who are in the Civil
Service.
Republic vs. Pacheo

Constructive dismissal is a situation when an

employee quits his work because of the agency
head’s unreasonable, humiliating, or demeaning
actuations which render continued work
impossible. Hence, the employee is deemed to
have been illegally dismissed. This may occur
although there is no diminution or reduction of
salary of the employee. It may be a transfer from
one position of dignity to a more servile or menial
job.
Republic vs. Pacheo

In the case at bench, the lateral movement of

Pacheo as Assistant Chief, Legal Division
from Quezon City to San Fernando, Pampanga
within the same agency is undeniably a
reassignment.
Republic vs. Pacheo

It is clear, however, from E.O. 292, Book V, that

there is no such duty to first report to the new
place of assignment prior to questioning an
alleged invalid reassignment imposed upon an
employee. Pacheo was well within her right not
to report immediately to San Fernando,
Pampanga, and to question her reassignment.
Republic vs. Pacheo

Reassignments involving a reduction in rank,

status or salary violate an employee’s security
of tenure. Security of tenure covers not only
employees removed without cause, but also
cases of unconsented transfers and
reassignments, which are tantamount to
illegal/constructive removal.
DBM vs. Olivia D. Leones, G.R. No. 169726,
March 18, 2010

RATA is distinct from salary. Unlike salary

which is paid for services rendered, RATA
belongs to a basket of allowances to defray
expenses deemed unavoidable in the discharge
of office. Hence, RATA is paid only to certain
officials who, by the nature of their offices,
incur representation and transportation
expenses.
DBM vs. Olivia D. Leones, G.R. No. 169726,
March 18, 2010

By insisting that, as requisite for her receipt of

RATA, respondent must discharge her office as
Bacnotan’s treasurer while on reassignment at
the La Union treasurer’s office, the DBM
effectively punishes respondent for acceding to
her reassignment.
DBM vs. Olivia D. Leones, G.R. No.
169726, March 18, 2010

Surely, the law could not have intended to

place local government officials like respondent
in the difficult position of having to choose
between disobeying a reassignment order or
keeping an allowance.
DBM vs. Olivia D. Leones, G.R. No. 169726,
March 18, 2010

Private respondent was ‘reassigned to another

office and thus her inability to perform the
functions of her position as Division Chief is
beyond her control and not of her own volition.
 DETAIL
SECTION 13 (B), RULE IV,
ORAOHRA
DETAIL

The temporary movement of an employee from

one department or agency to another which
does not involve reduction in rank, status or
salary.

131
DURATION OF DETAIL

•Without consent – one (1) year

•With consent – maximum of three (3) years.
✓Extension or renewal shall be discretionary on
the part of the parent agency

132
DETAIL
• If employee believes that detail is unjustified –
may appeal to CSCRO within 15 days
• Pending appeal – detail is executory unless
ordered by the Commission
• Decisionof CSCRO – appealable to the
Commission en banc

133
DETAIL

•During the period of detail, mother agency

relinquishes administrative supervision over the
detailed employee to the receiving agency.

•Authority to discipline detailed employee is vested

in the appointing authority of the mother agency.

134
DESIGNATION
SECTION 13 (C), RULE IV,
ORAOHRA
DESIGNATION

Movement that involves an imposition of

additional and/or higher duties to be performed
by a public official/employee which is temporary
and can be terminated at the pleasure of the
appointing officer/authority.

136
DESIGNATION

ACTING CAPACITY OFFICER-IN-CHARGE

•Ministerial functions •Confined to functions of
attached to the position administration and
•Exercise of discretion ensuring that the office
•Person designated is continues its usual
activities
deemed to be the
incumbent •No power to appoint,
unless expressly provided
in the designation order.
RULES ON DESIGNATION
•Permanent appointees to career positions only

•Within the level currently occupied

•Designation synchronized with the absence of the

incumbent, unless earlier revoked. May be
renewed every year but not to exceed 2 years
138
RULES ON DESIGNATION

•For positions without incumbents - maximum of

one year, may be renewed every year but not to
exceed 2 years

•Designees to positions involving practice of

profession should possess necessary license

139
RULES ON DESIGNATION

•Designees cannot be granted the salaries of the

positions designated to
•Allowances that go with the performance of the
function such as RATA may be granted
✓Provided in the GAA
✓grant is specifically stated in the designation
order
140
Only experience gained from
designation compliant with
the rules shall be credited
as relevant experience for
the purpose of
appointment.
REMEDIES

Decisions of Heads of
Agencies

Appeal to CSCRO w/n 15

days

MR – w/n 15 days

Petition for Review to CSC

Proper
EFFECT OF DECISIONS OF THE
COMMISSION

•Dropping from the rolls and Illegal Termination

✓Reinstatement with payment of back wages
and other monetary benefits

•Reassignment, Transfer, Detail

✓Employee is restored to former position
144
EFFECT OF DECISIONS OF THE
COMMISSION
•Disapproval, Invalidation, Revocation of
appointment
✓Appointee remains in the position
•Demotion
✓Employee is entitled to back wages and other
similar benefits and restoration of former salary
grade with the same salary step
145
Non-diminution principle
Reallocation of Position
Does the reallocation of a position
to a lower salary grade violate the
principle of Non-diminution in
pay of the incumbent?
Gonzalo S. Go, Jr. vs. CA and the OP;
G.R. No. 172027, July 29, 2010

The summary reallocation of his position to

a lower degree resulting in the
corresponding downgrading of his salary
infringed the policy of non-diminution of
pay recognized and applied
in cases involving benefits of government
employees.
Go, Jr. vs. CA

While the DBM is statutorily vested with the

authority to reclassify or allocate positions to
their appropriate classes, the investiture
could not have plausibly included unchecked
discretion to implement a reallocation
system offensive to the due process
guarantee.
Go, Jr. vs. CA

Go has established a clear, equitable vested

right to the emoluments of his position as
Attorney VI, SG-26. And being an incumbent to
that position, he has, at the very least, an
equitable right to receive the corresponding
salary and emoluments attached thereto.
Go, Jr. vs. CA

The summary demotion to a lower salary grade, with

the corresponding decrease in salary and emoluments
after he has occupied his current rank and position, goes
against his right to continue enjoying the benefits
accorded the position and which his predecessors must
have been receiving.
Go, Jr. vs. CA

His right thereto has ripened into a vested right,

of which he could be deprived only by due
process of law, but which we believe he was
denied through the summary reallocation.