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PROTEST

Who may file a protest


& where to file ?
a QUALIFIED NEXT -IN -RANK
employee may file a protest with the
appointing authority or with the Civil
Service Commission Regional Office
against an appointment made in
favor of another who does not possess
the minimum qualification requirements.
Form and content of
protest

The protest shall be subscribed and


sworn to and written in clear,
unequivocal and concise language.
It shall contain the following:
The position being contested, including
its item number, correct position title
and the salary per annum;

The full name, office, position and


salary per annum for both the protestant
and the protestee;
The facts and arguments constituting
the grounds for the protest;

Proof of payment of a filing fee of


Five Hundred Pesos (P500.00).
When to file a protest?

The protest may be filed within fifteen days


from the issuance of the appointment
or promotion.
Effect of
on the appointment

A protest shall not render an appointment


ineffective nor stop the approval thereof, by
the Civil Service Commission Field or
Regional Office, but the approval shall be
subject to the final outcome of the protest.
Effect of of protest

A protest or an appeal in this case


may be withdrawn at any time as a
matter of right. The withdrawal of
the protest or appeal shall
terminate the protest case.
When protest is
deemed filed?

A protest is deemed filed, in case the same


is sent by mail, on the postmark date on the
envelope which shall be attached to the
records of the case, and in case of personal
delivery, on the date stamped by the agency
or the commission.
Transmittal of
In cases where the protest is filed with the
Commission, the head of department or
agency shall forward his comment and the
records of the case within ten days from
receipt of the copy of the protest. The records
shall be systematically and
chronologically arranged, paged
and securely bound to prevent
loss and shall include the following:
Statement of Duties or Job Description of the
contested position;

Duly accomplished and updated personal


data sheets of the parties with certified
statement of service records attached;

Certified copy of the protested


appointment; and

Comparative assessment of the


qualifications of the protestant and
protestee.
-A protest shall be dismissed on any
of the following grounds:

The protestant is not qualified next-in-


rank;
The protest is not directed against a
particular protestee but to "anyone who is
appointed to the position" or directed to
two or more protestees;
The protest is not in accordance with the
required form as prescribed in these Rules;
-A protest shall be dismissed on any
of the following grounds:
No appointment has been issued or the
appointment has been disapproved;
The protest is filed outside the 15-day
reglementary period ;
Non-payment of the filing fee
Non-submission of a certificate of non-
forum shopping.
FINALITY OF DECISION

Decision on a protest case


shall become final after15
days from receipt.
EFFECT OF DECISION
In case the protest is finally decided
against the protestee, the approval of his
appointment shall be RECALLED and
the appointment shall be considered
DISAPPROVED. The protestee shall be
reverted to his former position, if
applicable.
APPEALS
Policies on Facilitative Actions
on Appointments
and
Motions for Reconsideration/
Appeals
(CSC MC 15, s.2002)
Appointments INVALIDATED or
DISAPPROVED by the CSCFO
MAY BE APPEALLED TO THE

CSC REGIONAL OFFICE

WITHIN THE FIFTEEN (15) DAYS


REGLEMENTARY PERIOD
MOTIONS FOR RECONSIDERATION
FILED WITH THE CSC FIELD OFFICE ON
INVALIDATED OR DISAPPROVED
APPOINTMENTS SHALL BE TREATED AS
AN APPEAL and SHALL BE
FORWARDED TO THE CSC REGIONAL
OFFICE.
MOTIONS FOR RECONSIDERATION
FILED WITH THE CSC REGIONAL
OFFICE ON INVALIDATED OR
DISAPPROVED APPOINTMENTS
SHALL BE TREATED AS AN APPEAL
and SHALL BE FORWARDED TO THE
COMMISSION PROPER.
The CSCRO’s DENIAL of the
appeals on appointments
disapproved or invalidated by
theCSCFOs

may be APPEALED to the


Commission
Proper.
Motions for Reconsideration filed
with the CSC Regional Office on
denied appeals on CSC Field
Office action shall be treated as
an APPEAL and shall be
forwarded to the Commission
Proper.
EFFECT of FAILURE to FILE
AN APPEAL

shall render the invalidation or


disapproval of the appointment
EXECUTORY.
Motions for Reconsideration
may be filed on appeals denied
by the Commission Proper. The
Commission shall entertain only
one (1) Motion for
Reconsideration.
The denial of the Commission
Proper of the Motion for
Reconsideration shall be FINAL
and EXECUTORY.
DROPPING FROM THE ROLLS
ABSENCES WITHOUT LEAVE (AWOL)
- An officer or employee who is
continuously absent without approved
leave for at least thirty (30) WORKING
DAYS shall be separated from the
service or dropped from the rolls
without prior notice.
( CSC M.C. No. 13 ,s. 2007)
 “ However, when it is clear under the
obtaining circumstances that 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 a semester, such
that a pattern is already apparent,
dropping from the rolls without notice
may likewise be justified.
If the number of unauthorized
absences incurred is less than thirty
(30) working days, a written Return-to-
Work order shall be served on the
official or employee at his last known
address on record. Failure on his part
to report for work within the period
stated in the order shall be a valid
round to drop him from the rolls.
UNSATISFACTORY
PERFORMANCE
An official or employee who is given
TWO (2) CONSECUTIVE
UNSATISFACTORY RATINGS MAY
BE DROPPED FROM THE ROLLS
AFTER DUE NOTICE.
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.
PHYSICAL UNFITNESS

If the employee is continuously


absent for one year on account of
sickness, or for 260 days during a
24 month period, he/she will be
deemed as physically incapable of
discharging his functions, hence,
dropping from the rolls will be
justified.
MENTAL INCAPACITY
 Anofficer or employee who is behaving
abnormally for an extended period
which manifests continuing mental
disorder and incapacity to work as
reported by his co-workers or
immediate supervisor and confirmed
by the Head of Office may be dropped
from the rolls after due notice.
An employee detained for a
criminal case is deemed on automatic
leave of absence without pay and
cannot be dropped from the rolls.
( Makati City vs CSC and Eusebia Galzote, G.R.
No. 131392, Fen. 6, 2002)
REASSIGNMENT
Latest Guidelines:
CSC Memorandum Circular No. 2, s.2005

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.
Rules:

 Shall apply only to employees


appointed to first and second level
positions in the career and non-career
services.

 Reassignment of third level appointees


is governed by the provisions of PD No. 1
 Reassignment of employees with
STATION-SPECIFIC place of work
indicated in their respective
appointments shall be allowed only
for a maximum period of ONE (1)
YEAR.
 Ifappointment is NOT station-specific,
the one year maximum period shall not
apply.
 Said reassignment has no definite period
unless otherwise revoked or recalled by
the Head of Agency, the CSC or a
competent court.
Reassignment OUTSIDE
GEOGRAPHICAL LOCATION

 IF WITH CONSENT- NO LIMIT


 IF WITHOUT CONSENT- ONE (1) YEAR
ONLY

 Reassignment is presumed regular
and made in the interest of public
service unless proven otherwise or if
it constitutes constructive dismissal.
 CONSTRUCTIVE DISMISSAL exists
when an employee quits his or 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 or other duties and
responsibilities inconsistent with those
attached to the position.
REASSIGNMENT that constitutes
CONSTRUCTIVE DISMISSAL:

 a) Reassignment of an employee to
perform duties and responsibilities
inconsistent with the duties and
responsibilities of his/her position such a
from a position of dignity to a more servile
or menial job.
b) Reassignment to an office not in the
existing organizational structure.

c) Reassignment to an existing office


but the employee is not given any
definite duties and responsibilities.
d) Reassignment that will cause
significant financial dislocation or will
cause difficulty or hardship on the part
of the employee because of geographic
location.

e) Reassignment that is done


indiscriminately or whimsically
TRANSFER
TRANSFER – is the movement
of employee from one position to another
which is of equivalent rank, level or
salary without break in the service
involving the issuance of an
appointment.
 The transfer may be from one
department or agency to another or from
one organizational unit to another in the
same department or agency.

 An employee who seeks transfer shall


seek permission from his agency head
and must state the effective date of his
transfer. If the request to transfer is not
acted upon by the agency head, it shall
be deemed approved after the lapse of
30 days.
 If an employee fails to transfer on the
date specified in his request, he shall
be considered resigned, he may
however be reemployed by his former
employer.
 Heads of oversight agencies and their
staff are prohibited from transferring to
agencies which they oversee. This
rules do not apply to clerks and skilled
workers who apparently cannot exert
pressure on the accepting agency.
 The transfer may be from one
department or agency to another or
from one organizational unit to another
in the same department or agency.

 An employee who sees transfer shall


seek permission from his agency head
and must state the effective date of his
transfer. If the request to transfer is not
acted upon by the agency head, it shall
be deemed approved after the lapse of
30 days.
DETAIL
DETAIL – temporary movement of an
employee from one department or
agency to another which does not
involve a reduction in rank, status or
salary.
 The employee detailed receives his
salary only from his mother unit/agency.
 Detail shall be allowed only for a
maximum period of one year in the case
of employee occupying professional,
technical and scientific position.
 In the case of other employees detail
beyond one year may be allowed
provided it is with the consent of the
detailed employees.
SECONDMENT
SECONDMENT- movement of an
employee from one department or
agency to another which is
temporary in nature and which
may or may not require the
issuance of an appointment but
may either involve reduction or
increase in compensation.
As a general rule, secondment is
limited to employee occupying
professional, technical and
scientific positions.
Secondment for a
period of one year or
more shall be subject to
the approval of the
Commission.
Secondment shall always
be covered by a written
agreement.
The seconded employee shall be on leave without
pay in his mother agency.

 Secondment interrupts the employees


continuous service and will therefore bar
him from receiving step increment. (Dery,
Merlita M. CSC Resolution No. 021035)

 The seconded employee is not also


entitled to Loyalty Award and PIB
(Montebon, Erma V.)
JOB
ROTATION
JOB ROTATION- The sequential or
reciprocal movement of an employee
from one office to another or from one
division to another within the same
agency as a means for developing and
enhancing the potentials of people in an
organization by exposing them to the
other work functions of the agency

The duration of the job rotation program


shall be within the period prescribed by
the department/agency head but shall
not exceed twelve (12) months. (MC 40,
s. 1998)
DESIGNATIO
N
GUIDELINES ON DESIGNATION
(MEMO CIRCULAR 6, s. 2005)

a) Employees to be designated should


hold permanent appointments to
career positions
b) Designees can only be designated to
positions within the level they are
currently occupying. However,
Division Chiefs may be designated to
perform the duties of third level
positions. First level personnel cannot
be designated to perform the duties
of second level positions.
GUIDELINES ON DESIGNATION
(MEMO CIRCULAR 6, s. 2005)
c) For positions with incumbents who
temporarily cannot perform the
duties of the position (vacation or
sick leave, study leave,
scholarship, maternity leave,
special assignments), the
designations should be
synchronized with the absence of
the incumbent provided that in no
case shall a designation exceed
one (1) year.
GUIDELINES ON DESIGNATION
(MEMO CIRCULAR 6, s. 2005)

d) For positions without


incumbents, a designation may
be made only for a maximum of
one (1) year.
e) Designations shall be made
through an office order issued
by the Head of Agency or the
Head of Office concerned.
COMPLAINT OR APPEAL ON
PERSONNEL ACTIONS:
 Separation from the service due to
unsatisfactory conduct
 Want of capacity during probationary
period
 AWOL
 Physical and mental unfitness
 unsatisfactory or poor performance
 Action on appointments such as
disapproval, invalidation, recall, revocation
 Reassignment
 Transfer
 Detail
 Secondment
 Demotion
 Termination of services

MAY BE BROUGHT TO THE


COMMISSION BY WAY OF AN APPEAL.
 When and Where to file?

A decision or ruling of a
department or agency may be
appealed within 15 days from
receipt hereof by the party
adversely affected to the CSC RO
and finally to the Commission
Proper within the same period.
Requirement of Filing

 The appellant shall furnish a copy of his


appeal to the head of department or
agency concerned who shall submit his
comment together with the records to the
Commission within ten (10) days from
receipt hereof. Proof of service of the
appeal on the head of department of
agency shall be submitted to the
Commission.
GROUNDS FOR DISMISSAL

A. The appeal is filed beyond


the reglementary period.
B. The filing fee of Five hundred
pesos has not been paid;
C. The appeal does not contain
a certification of non-forum shopping.
EFFECT OF
DECISION
Dropping from the Rolls

 Where the Commission, on appeal,


sets aside, modifies or reverses the
decision whereby an employee was
dropped from the rolls, he shall be
reinstated immediately to his former
post with payment of back salaries
and other monetary benefits.
 Dropping from the rolls, being non-
disciplinary in nature, shall not result
in the forfeiture of benefits.
In case of ILLEGAL TERMINATION
- the employee shall be reinstated with
payment of back salaries.
In case of DISAPPROVAL,
INVALIDATION, RECALL AND
REVOCATION OF APPOINTMENTS-
the appointee shall be RESTORED to
his former position without loss of
seniority rights.
 Incase of REASSIGNMENT,
TRANSFER, DETAIL,
SECONDMENT –
he shall RETURN to his former
position.
 In case of DEMOTION in rank,
salary or status-

He shall be RESTORED to his


former rank, salary and status.
CORRECTION OF
PERSONAL
INFORMATIONS
IN THE RECORD
OF THE COMMISSION
Sec 76. Where to file
Requests for correction of
name, date of birth, place of
birth and other personal
information in the records of
the CSC shall be filed with the
CSCRO concerned and with the
following documents.
a. Original Certificate of Live
Birth, or in its absence a court
order;
b. Affidavit of Discrepancy; and
c. Photocopy of the documents
sought to be corrected.

A filing fee of Two hundred


(P200.00) shall be paid and a
receipt thereof shall be
Sec 77. Available Remedies
In case of denial of the request for
correction of personal information,
the requesting party may within 15
days from receipt thereof, file a
motion for reconsideration with the
same regional office. An appeal
may thereafter be filed with the
Commission Proper within the same
period after payment of the appeal
fee of five hundred pesos
(P500.00).
MISCELLANEOUS
PROVISIONS
Sec 80. Execution of
Decisions

The decisions of the


Commission Proper or its
Regional Offices shall be
immediately executory after 15
days from receipt hereof, unless
a motion for reconsideration is
seasonably filed in which case
the execution shall be held in
Sec 82. Effect of Pendency
of Petition for
Review/certiorari with the
court

- Shall not stop the execution of


the final decision of the
Commission unless the Court
issues a restraining order or an
injunction.
Sec 83. Non-execution of
Decision

- An officer may be cited in


contempt of the Commission and
may be administratively charged
with conduct prejudicial to the
best interest of the service or
neglect of duty.
Sec 84. Computation of Period

- The first day shall be excluded


and the last day included unless it
be a Saturday, a Sunday or a legal
holiday, in which case the period
shall run until the end of the next
working day which is neither a
Saturday, a Sunday nor a legal
holiday.
Copies of decisions and other
communications shall be served
on counsel but receipt by either
counsel or party shall be
deemed to be a valid service.
The period to perfect a motion
for reconsideration or an appeal
shall be reckoned from the date
of receipt of counsel or party ,
whichever is later.
EXTENSION OF
SERVICE

(MC 40, s. 1998 as


amended by CSC
Resolution No. 01-1624)
Sec 12. No person who has
reached the compulsory
retirement age of 65 years
can be appointed to any
position in the government.
The Commission may allow extension of
service in meritorious cases for a period
of six (6) months only unless otherwise
stated. Provided, that, such extension
may be for a maximum period of one (1)
year for one who will complete the 15
years of service required under GSIS Law.

A request for extension shall be made by


the head of office and shall be filed with
the Commission not later than three (3)
months prior to date of compulsory
retirement.
Notes:
-CSC Res. Granting extension – basis
for the Head of Office to allow the
continuance of service by the
employee after his/her 65th birthday.

--Extended service no longer credited


as government service except for the
purpose of retirement under GSIS law
(15 year requirement).
- Employee is entitled to salaries,
allowances and other remunerations
that are normally considered part and
parcel of the compensation package.

REQ.
1. Letter request by the HO with
justifications;
2. Certification (Physically and Mentally
fit to perform the duties of his position.
3. Certificate of Live Birth (Certified True
Copy)
REQ.
4. Service Record of the Employee
if the purpose of the extension
is to complete the 15 year
service requirement under the
GSIS law;
5. Payment of P 200.00
END