Good day!

Kindly help on my dilemma. My appointment to a certain government position

has been disapproved by CSCFO. Our current head of office appealed to the
CSCRO in my behalf but CSCRO affirmed the disapproval. Our head of office
then advise me to step down and vacate the post I currently hold. This prompt
me that he no longer wanted to make an appeal to the CSCCO on my behalf.
Would it be alright if I'll file my own MR even though he made the appeal to
the CSCRO? If it's alright, to whom shall I address the MR? Is there still a
need for me to furnish a copy of my appeal to our head of office? to CSCFO?
and to CSCRO?

Another thing that bothers me is that the reason of disapproval of my

appointment is I do not met the required experience. But our former head of
office, who issued the permanent appointment that was disapproved, had
issued me special order (SO) that made me perform the required experience.
Though it is true that I never was appointed to the position required, but I
already performed the duties and functions of that required position by virtue
of the SO. My question is, am I correct with this argument? Kindly enlighten
me also on the provision found on Part III. On Experience, Rule VIII.
Qualification Standards, of the 2017 Omnibus Rules on Appointments and
Other Human Resource Actions.

Thank you very much in advance. I really appreciate if you could enlighten me
before my probation to make appeal ends on August 22.

Action Officer 16 replied the topic: Motion for Reconsideration to the

CSC Central Office

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

Nonetheless, we would like to invite your attention to Sections 77 and 78,

Rule 16, Revised Rules on Administrative Cases in the Civil Service
(RRACCS) which provide, as follows:

"Section 77. Invalidation or Disapproval; Who may Appeal. - Either the

appointing authority or the appointee may assail the invalidation or
disapproval of an appointment."

"Section 78. Where and When to File. - Appointments invalidated or

disapproved by the CSCFO may be appealed to the CSCRO while those
invalidated or disapproved by the CSCRO may be appealed to the
Commission within the fifteen (15) day reglementary period.

"To facilitate prompt actions on invalidated or disapproved appointments,

motions for reconsideration filed with the CSCFO shall be treated as an
appeal to the CSCRO and a Motion for Reconsideration at the CSCRO will be
treated as an appeal to the Commission and all the records thereof including
the comments of the CSCFO or CSCRO shall, within ten (10) days from
receipt of the latter, be forwarded to the CSCRO or the Commission as the
case may be.

"The action of the CSCRO concerned may be appealed to the Commission

within fifteen (15) days from receipt thereof.

"The appeal field before the CSCROs and the Commission shall comply with
the requirements for the perfection of an appeal enumerated in Sections 113
and 114."

Further, Section 3, Rule VI, Revised Omnibus Rules on Appointments and

Other Personnel Actions (CSC MC No. 40, series 1998) states that:

"Sec. 3. When an appointment is disapproved, the services of the appointee

shall be immediately terminated, unless a motion for reconsideration or
appeal is seasonably filed.

"Services rendered by a person for the duration of his disapproved

appointment shall not be credited as government service for whatever
purpose.

"If the appointment was disapproved on grounds which do not constitute a

violation of civil service law, such as failure of the appointee to meet the
Qualification Standards (QS) prescribed for the position, the same is
considered effective until disapproved by the Commission or any of its
regional or field offices. The appointee is meanwhile entitled to payment of
salaries from the government.

"If a motion for reconsideration or an appeal from the disapproval is

seasonably filed with the proper office, the appointment is still considered to
be effective. The disapproval becomes final only after the same is affirmed by
the Commission."

With regard to experience, Part III (1), CSC Memorandum Circular No. 12, s.
2003 (Revised Policies on Qualification Standards) provides, as follows:

“1. Relevant experience refers to previous employment or jobs or volunteer

work on a full time basis in either the government or private sector, whose
duties, as ascertained by the Human Resource Management Officer or
authorized officials of the previous employer, are functionally related to the
duties in the Position Description Form of the position to be filled.”

We hope to have enlightened you on the matter.