Republic of the Philippinu

ACOL, Unice M.
Re: Disapproved Appointment
(Petition for Review)
(N1720003819)
x------------- ------------------x

NOTICE OF DECISION
Sir/Madam:

The Commission promulgated on August 8,2019 Decision No. 190371 on the

above-cited case, copy attached. lts original is on file with this Commission.

August L3,2019.

Very truly yours,

Commission Secretariat and Liaison Office

Copry furttislrcd:

Mayor Doniie D. Animas

Municipal Covernment of Sapang Dalaga
72i2 Sapang Dalaga, Misamis Occidental

Ms. Unice M. Acol

Municipal Covernmenr of Sapang Dalaga
72iz Sapang Dalaga, Misamis Occidental

The COA Resident Auditor

Municipal Covernment of Sapang Dalaga
Tztz Sapang Dalaga, Misamis Occidental

Director lV Grace R. Belgado-saqueton

Civil Service Commission Region Office X
Vamenta Bouelvard, Carmen
gooo Cagavan de Oro City

Director il Abdullah M. Datu-Dacuta E L E.-\S

R t,- t\,
Civil Service Commission rietctOff:ce. tuiisa.nis Occrrlenra.
Uete : | + nUe ZOtj
Provincial Capitol Compound,
7207 Oroquiet.r Cit.v

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cslo,/SSD/APSlvcc
Bawat Kawani, Lingkod Bayani
9 CSC Building, IBP Road. Batasan Hills, 1 126 Quezon City I (02) 931-793 5/(02\ 931-7939/(02) 931€092 Q cscphilpcsc.gov.ph lp www.csc.gov.ph
 Rep u b I i c of the Ph i I i p p i nes

ACOL. Unice M. Number: 190371

Re: Disaporoved Appointment
(Petition for Review) Prom ulgated: 0 8 AUG 2019
(N1720003819)
x------------- ----------------x

DECISION

Unice M. Acol. Executive Assistant l) lcoterminous). Municipal Covernment of

Sapang Dalaga. Misamis Occidental. files a Petition for Revieu,from the Decision dated Juil
17.2018 of the Civil Service Commission Regional Office (CSC RO) X. Caga."-an de Oro Cit1.
disapproving her appointment as Executive Assistant Il, for lack of authoritv of the person
who signed the Cenification of Availabiliti'of Funds.

Pertinent ponions of the Decisron dated jull 11, 2018 of the CSC RO X read. as
follou,s:
xxx
" The presenl cose, I he subi eci appo inrments' were dis approved.for w ant
o.fauthorin'of the person who signed the certification as to Ihe clailabilit," of
.funds to supporl the saici appointments Man,or Animas did nol re.fute the
findings o.[ the CSC Fo-Misantis Occidental ]nstead, Mavor .Animas is nott
subntitting another certification signed bt' the neu Municipal Accounlani
Cuenee Cuttn l'uag
xxx
"WHEREFORE, prentises cons'idered, the appeal o.[ Mat,or Doniie D
Animas, Local Government (init of Sapang Dalaga-from the disapproval o.f the
xxx coterruinous appoit'ttment o.f xxx (tnice NI. Acol a.s Executit,e Assisnnr II. ts
DISMISSED Accordingll,, the acrion of the Civil Service Comntission Field
Office .for Misantis Occidental disapproving the said appointment ts
.4FF]RMED'

In her Petition. Acol averred. as follou,s:

xxx
,,THE
CSC REG]ONAL OFFICE NO X. CAGAYAN' DE ORO CIN'ERRED
IIiDISMISSING THE APPEAL OA; THE DISAPPROIIAL OF xxx THE
COTERT\4INOUS APPOINTMEIVT OF,YY 'UArlCE M. ACOL AS EXECUTTIVE
ASSISTAAIT IT FOR FAILING TO ATTACH.4 T/.4LID CERT]F]CATIOAI FROM
THE MUNICIPAL ACCOUNTAATT AS TO THE AI'AILABILIT}' OF FUNDS
TO SUPPORT THE APPROV.AL OF APPOINTMEATTS AND AFFIRMING
THE ACTIOA; OF THE CSC PROI/INC]AL FIELD OFF]CE OF MISAMIS
OCCIDENT.AL OI/ER THE DISMISSAL OF THE SAME''

Ce copy:

$ -
A.T I HUx-h-Sft[,ONGA
Chnf
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LomnBlon
nurncn n6ourEe
Human Resource )DeqrlEt
Specirlist
s€cretariat and [iaison Office
civllservice commission
Bawat Kawani, Lingkod Bayani
Q CSC auitAing, IBP Road, Batasan Hllls, 1126 Quezon City I (02) 931-7935/(02) 93'l-7939/(02) 931€092 Q cscphll@cscaov.ph Q www.cscgov.ph
/7/ ACOL, Unice M
Page 2 of 4
r-

Records shou that Mavor Donjie D. Animas issued a coterrninous (primarill'

confidential) appointment to Acol as Execurive Assistant Ii (primarily confidential) on January
3, 2018. However. said appointment was disapproved by the Civil Service Commission Field
Office (CSC Fo)-Misamis Occidental in its Letter dated March 13. 2018. for want of authoritl'
of the person q,ho signed the Cer-tification of Availability of Funds. The said Cenification was
issued b1, Dianne Jane O. Jemino. an Administrative Aide (Accounting CIerk III), designated
Officer-ln-Charge (OIC) of the Office of the Municipal Accountant. The CSC Fo-Misamis
Occidental held that the Certificatton issued by jemino was infirm since she was not a Certified
Public Accountant and her designation violated the guidelines on designation under the
Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA).r

On appeal to the CSC RO X. the same was dismissed and the disapproval of the
appointment of Acol was affirmed in the assailed Decision dated jul1, 17. 201 8. The CSC RO
X furlhel held that the Certification issued bv the neu, Municipal Accountant on Apri) I 6. 2018
did not cure the defect in the disapproved appointment of Acol.

Hence. Acol interposed the present Petition for Review before the Commission.

The issue to be resolved is whether the disaooroval of the appointment of Acol as

Executive Assisrant Ii is in order.

Relevant to the instant case is CSC Memorandum Circular No. 12, s. 2011 (Revised
Guidelines on the Determination of Positions in the Local Government Units as Primarilt'
Confidential) which declared the position of Executive Assistant II as a primarilv confidenrial
position. As such. Acol is exempt from the qualification requirements provided underthe CSC
Qualifi cation Standards Manual.

However. it must be stated that an appointment to be valid nrust also compll'' with
existing Civil Service lar,r' and rules.:

In this regard. Section 5 (i),2017 Omnibus Rules on Appointments and Other

Human Resource Actions (ORAOHRA) orovides:

xxx

Section 5. Speci./ic Cases Where Additional Documents are Reqttired.

The speci,fic cas'e,s requiring submission of additional documenls in supporl
o.f the appointnlent are, as.follov,s

i LGU Appointntenrs
i, AII LGL' Certification issued b, the
,4ppotntments P rov t nc t al
al / C u.v/ M uni c ip
Accountznl that funds are
available.

1 Section 5. ORAOHRA.
2 Secrion 20. Rule I\r Omnibus Rules imolemenrins Book \ of Executive Order No. 291
a'

/7 ACOL, Unice A1.

Page 3 of 4
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ln the insrant case. the Commission noted that at the time of Acol's appointment on
Januarl'3,2018. the Municipal Government of Sapang Dalaga has no Municipal Accountant.
Considering that Jemino was designated as OIC of the Office of the Municipal Accountant. she
issued the required Certificate of Availabiliti, of Funds.

The records show. however, that in a Certification dated January 3.2018, the Office of
the Municipal Mayor attested, as follows:
x)\;.x

"ln connection wilh of Unice M. Acol, as

the proposed appointment
Execurive Assistant II at lhe rate o.f P292,16a.00 per annun? ffiaive Januart,
3.2018 in the Municipalin o.f Sapang Dalaga. Mi.santi.s Occidental

"l hereby certifi,'

"a. That fund,s for the position are available,

"b That the provisions o.[ law and rules on promotion, seniorin, and
nepotism have been observed,'
"c Thar there is no pend.ing adruinistrative case against the proposed
appotnlee;
"d Prot,ided that CSC Memorandum Circular No. 6 series of 1967
have been observed;
' e Thar ir does not jeopardize the Ten Percenl (1 0%l acros.\ the board
salant increase of all enplovees of this Local Government [tnit as
it hacl been incorporated in the approval annual budget -for
Calendar l'ear 2001

"Januan'3.2018 6gd) DOIvTJIE D. '4ArIA'L4S

Date Municipal Mavor

"OK as to FLINDS OK as to APPROPRIATIONS

"6gd) GMCE L. MADRID 6qdDI.4NA JANEO JEMINO 6"d RAUL I'. JARITE
Acting Municipal Trectsurer OIC-Municipal Accountant Budget Oficer

Furthermore. on March 19. 2018. the Municipal Government of Sapang Dalaga

appointed a temporarl' Municipal Accountant who subsequentl), issued a Certificate of
Availability of Funds on April 16.2018 to buttress and confirm the Certification issued b1'
Jemino.

To the mrnd of the Comrnissron. the foregoing documents prove and demonstrate that
at that time of Acol's appointment. funds were available for the payment of her salaries and
wases. as required b),the rules. and establishes compliance with the requirement under Section
5 (i) of the ORAOHRA to support the appointment of Acol. Hence. there is no recourse but to
approve Acol' s appointment.

s
fV ACOL Unice M.
Page 4 of 4

WHEREFORE. the Petition for Revieu, of Unice M. Acot, Executive Assistant II

(primarily confidential). Municipal Government of Sapang Dalaga, Misamis Occidental. is
hereby GRANTED. Accordingly. the Decision dated July 17,2018 of the Civil Service
Commission Regional Office (CSC RO) X, Cagayan de Oro City. disapproving her
appointment as Executive Assistant II, for lack of authority of the person who signed the
Certification of Availability of Funds, is SET ASIDE. The appointment of Acol is
APPROVED effective January 3. 2018.

The CSC RO X is directed to reflect this Decision in the appointment, service card. and
other documents of Acol.

A copy of this Decision shall be furnished the Commission on Audit (COA)-Municipal

Government of Sapang Dalaga, Misamis Occidenal for its reference and appropriate action.

Quezon Cit1,

I.A dCIA ROSA-BALA

Chairperson

AILEEN LOURDES LIZADA

Commissi

Anested b1':

Commission Secretariat and Liaison Office

O LA 5/X 4 5 /X48t mpm I 9/CS LO/dang