Republic of the Philippines

CIVIL SERVICE COMMISSION

REGION VII, CEBU CITY

SERNA, ROGELLE ALVE B. NUMBER: 14-0035

RE: Appeal of Disapproved Appointment

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MOTION FOR RECONSIDERATION

COMES NOW, the undersign, by himself and to this Honorable Commission, most
respectfully moved and prayed for the RECONSIDERATION of its Decision promulgated on
June 5, 2014 and manifest:

That I received the said decision denying my appeal on the Temporary Appointment of
Rogelle Alve B. Serna on June 20, 2014;

That on page 4 of the said Decision the Temporary Appointment of Rogelle Alve B. Serna
was denied based on three (3) grounds and to quote:

“Circumstances aforementioned reveal that there are three (3) grounds why the
temporary appointment of Serna must be disapproved, viz:
1. Failure to meet the education requirement of the position.
2. Failure to meet the training requirement of the position; and
3. Presence of qualified eligibles actually available for the position.

That with much candor and humility, I beg to disagree with the said findings they being
contrary to the existing facts on records. On the first ground that Rogelle Alve B. Serna failed to
meet the educational requirement of the position, is incorrect because he is a graduate of the
degree of Bachelor of Nursing and in fact he is already a full pledged Nurse having passed the
Board Examination for Nursing. The educational qualification for the HRMO II position as
prescribed under the 1997 Qualification Standard Manual is only a Bachelor’s Degree Holder,
hence Rogelle Alve B. Serna is educationally qualified.

That on the Second ground that he failed to meet the training requirement of the position
is somehow satisfied by the fact that Mr. Serna has been working with the Local Government
Unit in Tayasan, Negros Oriental since September 2, 2013 per updated Personal Data Sheet,
photo copy of which is hereto attached and marked as ANNEX “A & “A-1”. And he has
undergone various Seminars and Trainings per Certificate of Appearances, photo copy of which
is hereto attached and marked consecutively as ANNEXES “B”, “B-1”, “B-2”, “B-3”, “B-4”, and
“B-5”. Further Mr. Serna has been functioning as Administrative Officer IV (HRMO) of the
Local Government of Tayasan, Negros Oriental since January 20, 2014 until the present. Aside
from being the HRMO II, he is also Multi tasking as Documentor of the Local Government. He
is not only beneficial in the field of personnel administration but has also contributed to one of
the thrusts of this administration in the promotion of tourism, culture and arts for his computer
skills and stuff. The comparative competence and qualification of candidates for appointment is
not only determined on the basis of Education, experience, training, Eligibility, but also on
Psychosocial attributes and Personality traits including potentials. Looking into the school
records and personal observation, Mr. Serna has, in my belief, the desirable perception of things,
ideas, beliefs and understanding on how he acts and relate these things to others and in social
situations . Mr. Serna has also the physical characteristics and personality traits that are required
in the performance of the job of Human resource Management Officer (HRMO II).
Page
Motion for Reconsideration, re: Disapproval of Rogelle Serna’s Appointment, Page (2).
That on the Third ground regarding the presence of qualified eligibles actually available
for the position, sad to tell, as far as applicant Rizalina Yape is concerned and during her
employment as Disbursing Officer in the Local Government of Tayasan, Negros Oriental for
having altered the checks amounting to Php500,000 and Php 595,967.22 as cash shortage as
shown in the letter of State Auditor Gertrudes A. Mortillero, photo copy of which is hereto
attached and marked as ANNEX “C”. As a result thereof, Felisa Fe. D. Bandoquillo, Treasurer of
the Municipality of Tayasan, Negros Oriental filed a complaint against Rizalina L. Yape before
the Regional Director, Bureau of Local Government Finance, Department of Finance, Regional
Office No. 7 in Cebu City, photo copy of which is hereto attached and marked as ANNEX “D”.
Worst, applicant Rizalina L. Yape does not qualify to the vacant position of HRMO II because
she is not a Degree Holder, as shown in the Certification issued by Annabelle E. Paa, Registrar
and Admission Officer of Silliman University, manifesting that Rizalina F Luga-Yape was not
recommended for graduation because of course deficiency. Photo copy of which is hereto
attached and marked as ANNEX “E”. Thus, she misrepresented the Civil Service Commission
when she proclaimed herself that she is a graduate of a Bachelor of Business Administration
Degree at Silliman University.
That as far as applicant Crismer S. Ramirez, she is now working as a Cashier with
Tayasan Science High School, Tayasan, Negros Oriental. And even if she is still interested to
work back with the Local Government of Tayasan, I still prefer Mr. Serna because of my trust
and confidence on him I discovered during our company in the office for a year now. And I
belief that Mr. Rogelle Alve Serna has already possess the minimum qualifications required as
allowed under our existing laws.
Lastly, the undersigned invoked the principle, as held by the Supreme Court in a plethora
of cases that: “The power to appoint is, in essence, discretionary. The appointing power has the
right of choice which he may exercise freely according to his judgment, deciding for himself
who is best qualified among those who have the necessary qualification and eligibilities. In the
exercise of the power of appointment, discretion is an integral part thereof. This principle as
enunciated in the case of Rimonte vs CSC, 244 SCRA 504-505, May 29, 1995, the Supreme
Court held that the head of an agency who has the appointing power is the most knowledgeable
to decide who can perform the functions of the office. Appointment is an essentially
discretionary power and must be performed by the officer vested with such power according to
his best lights, the only condition being that the appointee should possess the qualifications
required by law. If he does, then the appointment cannot be faulted on the ground that there are
others qualified who have been preferred. Indeed, this is a prerogative decision calling for
consideration of wisdom, convenience, utility and interests of the service which can be made by
the head of office concerned, the person most familiar with the organizational structure and
environmental circumstances within which the appointee must function.

WHEREFORE, it is most respectfully prayed of this Honorable Commission to grant

this instant Motion for Reconsideration.

RESPECTFULLY SUBMITTED. Tayasan, Negros Oriental, July 3, 2014.

ATTY. SUSANO L. RUPERTO, JR.

Municipal Mayor

NOTICE OF HEARING

THE CLERK OF OFFICE

Civil Service Commission
Region VII, Cebu City
Dear Maam/Sir:
Please set This Motion for hearing and consideration of this Honoable Office,
without further arguments.

ATTY. SUSANO RUPERTO, JR.