NON-DISCIPLINARY

CASES

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NON-DISCIPLINARY CASES

 Disapproval/Invalidation of
Appointment
 Protest and Revocation of Appointment
 Correction of Personal Information in
the Records of the CSC
 Dropping from the Rolls

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DISAPPROVAL/INVALIDATION
OF APPOINTMENT
Who may appeal?

 Either the
 appointing authority or the
 appointee, may assail the
invalidation or disapproval of the
appointment.
(Abella Jr. vs. CSC, G.R. No. 152574. November 17, 2004)

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DISAPPROVAL/INVALIDATION
 When and where to file
CSC CO

(within 15 days)
CSC RO

(within 15 days)
CSC FO
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DISAPPROVAL/INVALIDATION
OF APPOINTMENT
 Disapproval/Invalidation of
Appointment

 Pending PR the decision of

CSCFO/CSCRO is not executory

 the appointee may still report for

work and claim salaries
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DISAPPROVAL/INVALIDATION
When an appointment is
invalidated/disapproved on grounds that
do not constitute a violation of civil
service law, the appointee shall be
 considered a de facto official/employee
 entitled to payment of salaries from the
government
 the services are creditable government
service.
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DISAPPROVAL/INVALIDATION

When an appointment is
invalidated/disapproved for violation of
pertinent laws
 the services of the appointee shall not be
credited as government service
 the salaries of the appointee shall be borne
by the appointing authority and/or the
persons responsible for the commission of
the violation of a rule, law.
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DISAPPROVAL/INVALIDATION

Agencies may fill up a vacant position

resulting from promotion only after the
CSC has approved/validated the
promotional appointment, except in
meritorious cases as may be
authorized by the Commission.

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PROTEST
Who May File

Only a qualified next-in-rank

employee may file a protest
against an appointment made in
favor of another who does not
possess the minimum
qualification requirements.

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PROTEST

Where to File

a qualified next-in-rank employee

shall have the right to appeal in
initially to the head of agency,
then to CSCRO and then to the
CSC Commission Proper

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PROTEST

When to file

15 days from the announcement

and/or posting of appointments
subject of protest

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PROTEST
 a protest shall not render an
appointment inffective of bar the
approval thereof;
 A decision granting the protest shall be
subject to appeal of the appointee or
automatic review by the CSCRO
concerned;
 withdrawal of the protest/appeal shall
terminate the protest case;

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PROTEST
Grounds for dismissal:

 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;

 No appointment has been issued;

 The protest is filed outside of the 15-day reglementary

period

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REMOVAL OF ADMINISTRATIVE
PENALTIES OR DISABILITIES
Guidelines for the grant
a. Showing through specific and positive action and behavior that
petitioner has become a useful member of the community.
b. A minimum of three (3) years should have lapsed,
c. Petitioner must have recognized/accepted his/her guilt in
his/her petition
d. Non-admission or acceptance of guilt by the petitioner will not be
required when he/she has been acquitted on the merits in the
criminal case;
e. If petitioner is above sixty-five (65) years of age, the Commission
may favorably recommend such removal
f. Restitution in cases when government money or property were
involved in the commission of the offense

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CORRECTION OF PERSONAL
INFORMATION
WHEN AND WHERE TO FILE

• file with the CSCRO with jurisdiction which shall act on the request within
fifteen (15) days

• All requests for correction of personal information should be filed not

later than one (1) year before the applicant’s expected date of retirement

• Copies of the Order or Decision shall be submitted by the CSCRO

concerned, to the Civil Service Commission through the Commission
Secretariat and Liaison Office.

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CORRECTION OF PERSONAL
INFORMATION

Required Documents

• Original Certificate of Live Birth duly

authenticated, or in its absence, a court order;
• Personal Affidavit of Discrepancy;
• Photocopy of documents sought to be corrected.
• Filing fee

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CORRECTION OF PERSONAL
INFORMATION
Supporting Documents

When Certificate of Live Birth is issued on the basis

of late registration, additional documents are
required :

• Baptismal certificate
• Affidavits of Two (2) Disinterested
Witnesses; and
• Other employment, personal or
school records which support the
entry reflected in the belatedly
registered birth certificate

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DROPPING FROM THE ROLLS
GROUNDS
 Absence Without Approved
Leave
 unsatisfactory or poor
performance
 physically unfitness
 mentally disorder

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DROPPING FROM THE ROLLS
 AWOL
• MORE THAN 30 DAYS OF ABSENCE
 may be dropped from the rolls w/o prior notice
 notify the address appearing in 201 file

• LESS THAN 30 DAYS OF ABSENCE

 return to work order within a certain period
 failure to report within the period stated in the order,
which shall not be less than three (3) days, valid
ground to be dropped from the rolls

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

Makati City vs. CSC and Eusebia R.

Galzote, G.R. No. 131392. February 6,
2002

Commission on Appointments vs. Paler

G.R. No 172623, G.R. No. 172623 March
3, 2010

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DROPPING FROM THE ROLLS

SORIANO, Marian A. Re:

Dropping from the Rolls, CSC
Decision No. 13-0390 dated April
16, 2013

Employee on sick leave.

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 “It can be inferred from the foregoing that sick leave of
absence is granted on account of sickness or disability of an
employee or any member of his/her immediate family. Applications for
sick leave of absence for one (1) full day or more are required to be in
the prescribed form to be filed immediately upon the employee’s
return from such leave or in advance, as the case may be. An
application for sick leave of absence in excess of five (5) days shall be
accompanied by a medical certificate. Department or agency heads,
however, are vested with the authority to determine whether or not
approval of applications for sick leave of absence is proper under the
circumstances so that a medical certificate may be required even in
case of sick leave of absence of less than five (5) days. The approval
of an application for sick leave of absence by the head of agency,
whether with or without pay, is mandatory provided proof of sickness
or disability is attached to the application form in certain cases”

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DROPPING FROM THE ROLLS
UNSATISFACTORY OR POOR PERFORMANCE

 1 unsatisfactory rating for 1 rating period

 exhibited poor performance within the first
three (3) months of the rating period
 shall be provided appropriate developmental
intervention by the Head of Office and supervisor
(Division/Unit Head) coordination with the HRM
Office/Personnel Office, to address competency-
related performance gaps

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DROPPING FROM THE ROLLS
UNSATISFACTORY OR POOR PERFORMANCE

If after advice and provision of developmental

intervention, the employee still obtains Poor rating
for the remaining months of the rating period or
Unsatisfactory rating in the immediately
succeeding rating period, he/she may be dropped
from the rolls.

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DROPPING FROM THE ROLLS
UNSATISFACTORY OR POOR PERFORMANCE
2 consecutive unsatisfactory ratings
 informed in writing of his/her unsatisfactory
performance for a semester and is sufficiently
warned that a succeeding unsatisfactory
performance may warrant his/her dropping
from the rolls
 Notice not later than 30 days from the end
of semester
note: not applicable to probationer

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DROPPING FROM THE ROLLS

UNSATISFACTORY OR POOR PERFORMANCE

1 poor rating
- Due notice of the status of the employee’s
performance within (15) days after the end of the
3rd month with sufficient warning that failure to
improve his/her performance within the remaining
period of the semester shall warrant his/her
dropping from the rolls.

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DROPPING FROM THE ROLLS

UNSATISFACTORY OR POOR PERFORMANCE

2 consecutive unsatisfactory ratings

Notice not later than 30 days from the end
of semester
 verbal notice not allowed
NAPOCOR vs. Zozobrado G.R. No. 153022,
April 10, 2006

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DROPPING FROM THE ROLLS

PHYSICALLY UNFIT

 Absence for more than one (1) year by

reason of illness

 absence by reason of illness for at least

two hundred sixty (260) working days
during a 24 – month

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DROPPING FROM THE ROLLS
MENTAL DISORDER
An officer or employee who is behaving abnormally for
an extended period, which may manifest continuing
mental disorder shall be provided necessary human
resource and psychological interventions. If after
interventions, continued abnormal behavior/ mental
disorder is manifested, as reported by his or her co-
worker or immediate supervisor and confirmed by a
licensed psychiatrist, the officer or employee may be
dropped from the rolls.

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DROPPING FROM THE ROLLS
MENTAL DISORDER

If the officer or employee refuses to

undergo the necessary human resource
and/or psychological interventions, he or
she may be dropped from the rolls based
on the report of co-workers or
immediate supervisor and after
confirmation by a licensed psychiatrist.

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DROPPING FROM THE ROLLS
 Written Notice shall be signed by the
highest ranking HRMO upon the
recommendation of the person exercising
immediate supervision over the officer or
employee

 Notice of separation shall be signed by the

appropriate appointing authority or head
of office.

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DROPPING FROM THE ROLLS
 Order or separation immediately
executory
 No Motion for Reconsideration
 Direct appeal with CSC

 Non-disciplinary in nature

- no forfeiture of benefits
- could be reemployed

Gonzales vs. CSC G.R No. 139131 September 27, 2002

Plaza vs. Cassion et al. G.R. No. 136809 July 27

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DROPPING FROM THE ROLLS
 Order or separation immediately
executory
 No Motion for Reconsideration
 Direct appeal with CSC

 Non-disciplinary in nature

- no forfeiture of benefits
- could be reemployed

Gonzales vs. CSC G.R No. 139131 September 27,

2002
Plaza vs. Cassion et al. G.R. No. 136809 July 27 34
REMEDIES ON NON DISCIPLINARY

MOTION FOR RECONSIDERATION

 Grounds. –
 New evidence has been discovered which
materially affects the decision rendered; or

 The decision is not supported by the

evidence on record; or

 Errors of law or irregularities have been

committed prejudicial to the interest of the
movant.
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REMEDIES

MOTION FOR RECONSIDERATION

Only one motion for reconsideration shall

be entertained. If a second motion for
reconsideration is filed notwithstanding
its proscription under this Rules, the
finality of action shall be reckoned from
the denial of first motion for
reconsideration.

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REMEDIES

Perfection of an Appeal

When an appellant fails to comply with any of the

requirements within the reglementary period, the
Commission shall direct compliance within a
period of ten (10) days from receipt thereof, with
a warning that failure to comply shall be
construed as failure to perfect an appeal and shall
cause the dismissal of the appeal with prejudice to
its refiling.

37
APPEAL ON PERSONNEL ACTION
REASSIGNMENT

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.

38
REASSIGNMENT
 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.
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.

39
REASSIGNMENT
 An appointment is considered station-
specific when:
(a) the particular office or station where the
position is located is specifically
indicated on the face of the appointment
paper; or

(b) the position title already specifies the

station, such as HRMO, Accountant,
Budget Officer, Assessor, etc.
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REASSIGNMENT
 If an appointment is not station-specific:

 the one-year maximum period of

reassignment within the geographical location
of the agency shall not apply.
 but the employee concerned may request for
a recall of the reassignment;
 The reassignment may also be revoked or
recalled by the appointing officer/authority or
 be declared not valid by the CSC or a
competent court, on appeal.

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REASSIGNMENT

 Reassignment is presumed to be
regular and made in the interest or
exigency of public service unless
proven otherwise or if it constitutes
constructive dismissal.

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REASSIGNMENT
Constructive dismissal

 exists when an official or 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 of other
duties and responsibilities inconsistent with those
attached to the position.

 may occur although there is no diminution or reduction

in rank, status or salary of the employee.

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REASSIGNMENT

Forms of Constructive Dismissal

 Reassignment of an 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;

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REASSIGNMENT

Forms of Constructive Dismissal

 Reassignment to an office not in the

existing organizational structure;

 Reassignment to an existing office but

the employee is not given any definite
duties and responsibilities

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REASSIGNMENT

Forms of Constructive Dismissal

 Reassignment that will cause significant

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

 Reassignment that is done indiscriminately or

whimsically

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REASSIGNMENT

Forms of Constructive Dismissal

 Reassignment that will cause significant

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

 Reassignment that is done indiscriminately or

whimsically

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DETAIL

temporary movement of an employee from

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

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DETAIL

 The detailed employee shall receive

his/her salary only from his/her parent
department/agency.
 Detail without consent shall be allowed
only for a period of one (1) year.
 Detail with consent shall be allowed for a
maximum of three (3) years.

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DETAIL
 The extension or renewal of the detail
shall be discretionary on the part of the
parent agency.
 Detail from one department or agency to
another shall be covered by an agreement
manifesting the arrangement between the
agency heads that it shall not result in
reduction in rank, status or salary of the
employee, the duration of the detail, duties
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DETAIL
 The employee may appeal the detail order
within 15 days upon receipt to the
Commission or CSCRO with jurisdiction if
he/she believes there is no justification for
the detail. Pending appeal, the detail order
shall be executory unless otherwise
ordered by the Commission. The decision
of the said CSCRO may be further
appealed to the Commission within 15
days from receipt.
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DETAIL

 During the period of the detail, the

parent agency relinquishes
administrative supervision and control
over the detailed employee to the
receiving agency.

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DETAIL

 receiving agency has the following

responsibilities:
 to monitor the punctuality and
attendance of the employee,
 approve requests for leave,
 evaluate the employee’s performance,
 grant the authority to travel
 and exercise other acts necessary to
effectively supervise the employee;
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DETAIL

The detailed employee shall be designated

by the receiving agency to a position whose
duties are comparable to his/her position in
the parent agency. However, he/she shall
not be designated to a position exercising
control or supervision over regular and
career employees of the receiving agency.

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DETAIL

Prior to the effectivity of the detail, the

parent agency shall furnish a certification of
the available sick and vacation leave
credits of the detailed employee to the
receiving agency. In the event the receiving
agency approves requests for leave by the
detailed employee, a copy of the same
shall be submitted to the parent agency.

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DETAIL
The authority to discipline the detailed
employee is still vested in the appointing
officer/authority of the parent agency where
he/she belongs. The authority to discipline
includes the determination of the
 existence of a prima facie case
 issuance of a FC
 issuance of the order of PS,
 conduct of FI, and
 rendering of the decision.
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DETAIL

With respect to the administrative case

arising from acts done by the employee in
the receiving agency, said agency shall
have the right to initiate or file the complaint
against the detailed employee subject to
the provisions of the 2017 RACCS.

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DETAIL

All human resource actions and

movements, including monetization of
leave credits, concerning the detailed
employee, shall still be under the
jurisdiction of the parent agency
notwithstanding that the employee is
detailed in another agency.

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REMEDIES ON NON
DISCIPLINARY CASE

 Remedies available in disciplinary case

is applicable (MR, Appeal or Petition for
Review)

 Actions of CSC ROs or other offices

within CSC may be brought to the
Commission Proper by way of a petition
for review.
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REMEDIES ON NON
DISCIPLINARY CASE
Effect of Decision. – Where the
Commission, on appeal, sets aside,
modifies or reverses the decision of the
agency:

a. Dropping from the Rolls - the employee

shall be reinstated immediately to his/her
formir post with payment of back wages and
other rnonetary benefits;

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REMEDIES ON NON
DISCIPLINARY CASE
Effect of Decision. –

b. lllegal Termination - the employee shall

be reinstated with payment of back
wages and other monetary benefits;

c.Disapproval, Invalidation, and

Revocation of Appointrnents - the
appointee shall remain in that Position.

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REMEDIES ON NON
DISCIPLINARY CASE
Effect of Decision. –

d. Reassignment, Transfer, Detail, or

Secondment - the employee shall be
restored to former position; and
e. Demotion- the employee shall be
entitled to back wages and other similar
benefits and restoration of former salary
grade with the same salary step.

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EXECUTION OF CSCRO
DECISIONS
The decisions of the Civil Service Commission
Regional Offices shall be immediately executory after
fifteen (15) days from receipt thereof, unless a
motion for reconsideration or an appeal with the
Civil Service Commission is seasonably filed, in
which case the execution of the decision shall be
held in abeyance.

For this purpose, the CSCROs shall monitor

and assist in the effective and immediate
implementation of these decisions.

63
NON-EXECUTION OF DECISION

Any officer or employee who willfully refuses or

fails to implement the final resolution, decision, order
or ruling of the Commission to the prejudice of the
public service and the affected party, 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 or
be held criminally liable under Section 67 of Book V, of
Executive Order No. 292 otherwise known as the
Administrative Code of 1987.

64
PRESUMPTIVE NOTICE; SERVICE
OF ORDER & SERVICE OF ORDER
 CASES UNDER FORMAL INVESTIGATION

 BEFORE THE COMMISSION PROPER

if such Notice or Order appears on the record to have been mailed at

least:
 55 days prior to the scheduled date of hearing if the addressee is within
NCR
 75 days if the addressee is from outside the NCR

 BEFORE THE CSC RO

if such Notice or Order appears on the record to have been mailed at least:
 55 days prior to the scheduled date of hearing if the addressee is within is
from within the geographical area of the RO
 75 days if the addressee is from outside the geographical area of the RO

65
PRESUMPTIVE NOTICE; SERVICE
OF ORDER & SERVICE OF ORDER
CASES cases where an Order was issued directing a party(ies)
either to comply with the requirements to perfect their action;
conrment/answer on a pending.action and/or transmit case
records: file their respective position papers; and other
analogous matters
 BEFORE THE COMMISSION PROPER

if such Notice or Order appears on the record to have been mailed at

least:
 55 days prior to the scheduled date of hearing if the addressee is within
NCR
 75 days if the addressee is from outside the NCR

 BEFORE THE CSC RO

if such Notice or Order appears on the record to have been mailed at least:
 55 days prior to the scheduled date of hearing if the addressee is within
is from within the geographical area of the RO
 75 days if the addressee is from outside the geographical area of 66 the
PRESUMPTIVE NOTICE; SERVICE
OF ORDER & SERVICE OF ORDER

A party, in order to ensure timely service,

may opt to avail of private couriers for the
service of pleadings, motions and other
submissions. Proof of service in such case
shall either be a sworn certification or
affidavit of service from the courier
specifically referring to the date of service
and the corresponding tracking number for
the mail matter.

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68