Republic of the Philippines

CIVIL SERVICE COMMISSION

Regional Office X
Cagayan De Oro City

NOLI VERGEL E. KIRIT,

Appellant.
x------------------------------------x

APPEAL MEMORANDUM

CORCES the appellant, by himself and undo the Honorable Civil Service
Commission Regional Office X, most scope, appeals the decision dated April 20, 2017,
NOLI VERGEL E. KIRIT, invalidation of appointment and states:

TIMELINESS OF THE APPEAL

The appellant, NOLI VERGEL E. KIRIT, received a copy of appointment

invalidation letter on June 7, 2017 (Annex A), by his requested letter dated June 6, 2017
to the Civil Service Commission Region X (Annex B), hence, his fifteen day to file his
Memorandum on Appeal shall expire on June 21, 2017. Memorandum Circular No. 25
Series of 2014, Subject: Recording of Services Rendered in the Government;
Amendment to CSC Resolution No. 062179 dated December 6, 2006, guidelines no 2,
“The Agency Head and the appointee shall each be furnished with a notice of the
disapproval/invalidation of the appointment through registered mail”.

GROUNDS IN SUPPORT OF THE APPEAL

Appellant appointment was invalidated for having violated the Sec 12 (par. 2), Rule
V of the Omnibus Rules Implementing Book V of Executive Order 292 and other Pertinent
Civil Service Laws.

STATEMENT OF FACTS

The antecedent facts are as follows:

1. On November 1, 2012, the appellant was entitled a temporary status after he

finished his Master’s degree last April 5, 2012. The Human Resource
Management Officer Mr Voltaire M Bernal told the appellant and some faculty
members have temporary status, which they can apply for permanent tenure
after two year of a temporary status;

2. On January 2015, the Campus Academic Promotion Panel committee (CAPP)

of MSU at Naawan, said that some faculty members who finished their Master’s
degree were qualified to the promotion. The appellant did not hesitate to submit
 documents for evaluation and the appellant qualified for the higher rank
together with some faculty members with temporary status, the CAPP
committee endorsed to the chancellor, the qualified faculty members with
temporary status together with the appellant and the chancellor recommend to
the MSU Board of Regent and approved the said recommendation last March
2015. Still there’s no information from the HRMO personnel and no
recommendation from the Chairperson of the department and the Dean of the
College, to the faculty members together with the appellant who promoted to
the higher rank;

3. On March 24, 2017, Ms Floremie C Bagayna, Department Chairperson of

Physical Science and Mathematics approached to the appellant to submit some
documents for evaluation for the requirements of permanent tenure and the
appellant complied the said requirements;

4. On April 5, 2017, the Dean of the College of Science and Environment Prof
Grace I Prado, recommend the appellant;

5. Lastly, on May 3, 2017, the appellant was interviewed for the permanent tenure
as one of the guidelines for the grant of tenure.

ARGUMENTS

MSU Board of Regents Resolution No. 187, series of 1995, guidelines for the grant
of permanent tenure to the faculty members of MSU System (Annex C).
D. Procedure
“1. A member of the faculty who measures up to the criteria for the grant of tenure
shall be recommended by his/her immediate Supervisor (Department Chairman) and the
Dean for collegiate faculty, Director or Principal for High School and elementary units) to
the APC through the Office of the Vice Chancellor for Academic Affairs using Form 1
herein Attached as Annex A”;

“1.1 In case the head of a unit/college fails to recommend, the concerned faculty
member may submit request for the tenure through his/her immediate supervisor”;

“1.2 In case there is unreasonable delay, the faculty member concerned may file
a tracer to the OVCAA for immediate action”;

“2. The OVCAA shall evaluate the recommended faculty member and certify, to
the satisfactory accomplishment of the minimum requirements for the grant of tenure
using Form 2 herein attached as Annex B”;

“3. An interview shall be conducted by a panel composed of the Vice Chancellor

for Academic Affairs as Chairman, the Chief Personnel Officer, and at least one senior
member of the University faculty with the purpose ascertaining the following:

“3.1 That, the recommended faculty member understands the mission of the
University and determine the relevance of his/her duties responsibilities as a faculty
member to the attainment of the goals and objective of the University”;

“3.2 That, he/she profess his/her loyalty to the teaching profession;

 “3.3 That, he/she values the meaning and implications of the grant of tenure of the
faculty”;

“4. The panel shall recommend to the APC the grant of tenure the faculty;”

“5. The Board of the Regents shall approved the grant of tenure to the faculty
members as recommended by the APC.”

On April 5, 2017, the Dean of the College of Science and Environment, Prof Grace
I Prado was endorse the appellant to the office of the Vice Chancellor for Academic Affairs
for the grant of permanent tenure (Annex D). On April 12, 2017, the appellant was
recommended by the Department Chairperson Floremie C Bagayna of the Physical
Science and Mathematics and the Dean of the College of Science and Environment
(Annex E). The appellant was interviewed last May 3, 2017, by the OIC-Vice Chancellor
Dr Jessie G Gorospe, Prof Marissa Y Salarda, Dean of the College of Science and
Environment, Prof Grace I Prado, and Human Resource Management Officer, Mr Voltaire
M Bernal,(Annex F). The Committee on tenure of MSU at Naawan was recommended
the tenure of the appellant to the APC. Republic Act No. 1387 Sec 11, the MSU Charter,
“Professors and other regular instructors in the University shall be exempt as such from
any civil service examination or regulation as a requisite to appointment”. Though the
MSU system has its own charter and the MSU Board of Regents shall approve the tenure
of the faculty members subject to Civil Service Law, Rules and Regulations.

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed that the Civil

Service Commission Region X validate the appointment of the appellant.
The appellant also prays for such other assistance and reasonable under some
circumstances.
_____________________, Naawan, Misamis Oriental.

NOLI VERGEL E. KIRIT

Appellant

Copy furnished:

Director IV CELSO L VOCAL

Commission on Audit 10
Carmen, Cagayan de Oro City

DR. PROSERPINA G. ROXAS

Chancellor
MSU at Naawan
 VERIFICATION
AND
CERTIFICATION AGAINST SHOPPING

I, NOLI VERGEL E. KIRIT, Filipino, of legal age, married with postal address at
Purok 7, Barangay Poblacion, Naawan, Misamis Oriental, declare under oath:
1. That I am the appellant in the above-entitled case;
2. That I am prepared the foregoing Appeal Memorandum.
3. That I have read its contents and affirm as true and correct of my own personal
knowledge.
4. That I hereby certify that I have not here to fore commenced any other action
or proceeding involving the same issues in any court, quasi-judicial body or any
agency of the government pertaining to the same subject matter, cause, issues
and facts.

IN WITNESS HEREOF, I hereby affixed my signature this __________________

at Naawan, Misamis Oriental.

NOLI VERGEL E. KIRIT

Affiant/Appellant

SUBSCRIBED AND SWORN TO BEFORE ME this _______________________

at ________________________, affiant showing his competent proof of identity as
follows: Mindanao State University at Naawan Employee’s ID No. 417, expiring on
December 31 2017.

NOTARY PUBLIC

Doc. No. __________________

Page No. __________________
Book No. __________________
Series of 2017.