You are on page 1of 12

Republic of the Philippines

BASILAN STATE COLLEGE


GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

As future PA practitioners, it is inevitable to


PA 206 – Public Personnel get rid of personnel discussions involving
Administration the government. Hence, our discussion for
this lesson will revolve around the salient
Lesson No. 3 features of the following legal policies:
Salient Features of the Omnibus Rules on
Appointments and Other Human 1. Omnibus Rules on Leave
Resource Actions (ORAOHRA), Revised 2. Omnibus Rules on Appointments
Rules on the Administrative Cases in the and Other Human Resource Actions
Civil Service (RRACCS) and the (ORAOHRA)
Omnibus Rules on Leave 3. Revised Rules on Administrative
Cases in the Civil Service
In our previous lessons, we learned how (RRACCS)
Personnel Administration evolved from the
cottage industries and tailed by the changes
of the Industrial Revolution in the late 18th 1. Omnibus Rules on Leave (Rule
and early 19th century. The cottage industries XVI of the Omnibus Rules
were managed by the master craftsmen in Implementing Book V of EO 292)
their individual households. As the factory
system started to emerge, cottage industries First on the list is the Omnibus Rules on
eventually lost domination and the center of Leave. As government officials/employees,
trades transferred to the factory sites. it is key that we have a good grasp of our
basic leave privileges. What are leave
The emergence of factories created various privileges and what benefits can we get from
management problems since managers had these?
to deal with more workers as compared to
the cottage industries with fewer members. 1.1 Entitlement to leave privileges
These factors paved the way for some
scholars such as by Frederick W. Taylor In general, appointive officials up to the
(Scientific Management), Elton Mayo, F.J. level of heads of executive departments,
Roethlisberger, William J. Dickson (Human heads of departments, undersecretaries and
Relations Movement), Kurt Lewin (Group employees of the government whether
Dynamics) and B.F. Skinner (Behavioral permanent, temporary, or casual, who render
Sciences) flagged their management theories work during the prescribed office hours,
with high hopes that the problems arising shall be entitled to 15 days vacation and 15
from the human resources of organizations days sick leave annually with full pay
be given an answer. exclusive of Saturday, Sundays, Public
Holidays, without limitation as to the
At this point, we shall forward our number of days of vacation and sick leave
discussion to the practices and principles of that they may accumulate.
today involving the realm of Personnel
Administration. If we talk about Personnel
Administration, the agency popularly known 1.2 Types of Leave
as the lead promoter of human resources
management in the government would be a. Paternity Leave
the Civil Service Commission (CSC).
Paternity leave of seven (7)
The Civil Service Commission (CSC) by days shall be non-cumulative and
virtue of P.D. 807 was designated as the strictly non-convertible to cash.
central personnel agency of the government.
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

b. Expanded Maternity Leave


Terminal leave is applied by
The Expanded Maternity Leave an official or employee who intends
under R.A. No. 11210 is an act to sever his connection with his
increasing the maternity leave period employer.
to one hundred and five (105) days
for female workers with pay and an g. Study Leave
option to extend for an additional
thirty (30) days without pay. This Officials and employees,
also grants extension of fifteen (15) excluding those in the teaching
days for solo mothers, and for other profession who are covered by
purposes. different provisions of law, may be
entitled to study leave.
c. Special Leave Privilege
1.3 Application for vacation leave
In addition to the vacation,
sick, maternity and paternity leave, All applications for vacation
officials and employees, except leave of absence for one (1) full day or
teachers and those covered by more shall be submitted on the
special leave laws, are granted the prescribed form for action by the
three (3) days of special leave proper head of agency five (5) days in
privileges. advance, whenever possible, of the
effective date of such leave. The grant
d. Monetization of leave credits of vacation leave shall be at the
discretion of the head of agency.
Officials and employees in
the career and non-career service 1.4 Application for sick leave
whether permanent, temporary or
casual who have accumulated fifteen All applications for sick leave
(15) days of vacation leave credits of absence shall for one (1) full day or
shall be allowed to monetize a more shall be made on prescribed form
minimum of ten (10) days. Provided, and shall be filed immediately upon
that at least five (5) days is retained employee’s return from such leave.
after monetization and provided Application for sick leave in excess of
further that a maximum of thirty (30) five (5) successive days shall be
days may be monetized in a given accompanied by a proper medical
year. certificate.

e. Five-days forced/mandatory
leave

All officials and employees


with ten (10) days or more vacation
leave credits shall be required to go
on vacation leave whether
continuous or intermittent for a
minimum of five (5) days annually.

f. Terminal Leave
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

2. Omnibus Rules on Appointments such as Chairperson and members


and Other Human Resource of the commissions and boards,
Actions (ORAOHRA) SUC Presidents, and Head of
Agency appointed by the Board.
2.1 Employment Status f. Contractual – an appointment
issued to a person whose
The employment status in the civil employment in the government is
service shall be determined by the in accordance with a special
appointment issued, which can be contract to undertake local or
any of the following: foreign-assisted projects or a
specific work or job requiring
a. Permanent – an appointment special or technical skills not
issued to a person who meets all available in the employing agency,
the qualification requirements of to be accomplished with a
the position to which he/she is specified period.
being appointed to, including the g. Casual – an appointment issued
appropriate eligibility, in only for essential and necessary
accordance with the provisions of services where there are not
law, rules and standards enough regular staff to meet the
promulgated in pursuance thereof. demands of the service and for
b. Temporary – an appointment emergency cases and intermittent
issued to a person who meets the period not to exceed one year.
education, experience and training
requirements for the position to
which he/she is being appointed to, 2.2 Nature of Appointment
except for the appropriate
eligibility. A temporary a. Original – the initial entry into the
appointment may only be issued in career or non-career service
the absence of a qualified eligible b. Promotion – the advancement of a
actually available who is willing to career employee from one position
accept the appointment. to another with an increase in
c. Substitute – an appointment duties and responsibilities as
issued when the regular incumbent authorized by law, and usually
of a position, as when the accompanied by an increase in
incumbent is on approved leave of salary.
absence, under suspension, on a c. Transfer – the movement of an
scholarship grant or is on employee from one position to
secondment. This is effective only another in the same department or
until the return of the incumbent. agency or from one department or
d. Coterminous – an appointment agency to another.
issued to a person whose tenure is d. Reemployment – the appointment
limited to a period specified by law of a person who has been
or whose continuity in the services previously appointed to a position
is based on the trust and in the government service but was
confidence of the appointing separated therefrom as a result of
officer/authority or of the head of reduction in force, reorganization,
the organizational unit where retirement, voluntary resignation,
assigned. or any non-disciplinary action.
e. Fixed term – an appointment e. Reappointment – the issuance of
issued to a person with specified an appointment as a result of
term of office, subject to reorganization, devolution, salary
reappointment as provided by law, standardization or similar events
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

including the issuance of candidate to successfully perform the


appointment from temporary to duties and responsibilities indicated in
permanent and the renewal of the Position Description Form (PDF) of
temporary appointments. the position to be filled.
f. Reinstatement (to comparable
position)– the restoration of a 2.3.2 Experience
person, as a result of decision, to a
career position from which he/she Experience refers to the previous jobs in
has, through no delinquency or either the government or private sector
misconduct, been separated but whether full-time or part-time, which, as
subject position is already certified by the Human Resource
abolished, requiring the issuance of Management Officer or authorized officials
an appointment to a comparable of the previous employer, are functionally
position to the separated employee. related to the duties in the PDF of the
However, restoration to a position position to be filled. Relevant experience
that is still available does not acquired through a Job Order or Contract of
require the issuance of an Service covered by a contract or a
appointment. Memorandum of Agreement may be
g. Demotion – the movement of an considered for meeting the experience
employee from a higher position to requirement.
a lower position where he/she
qualifies, if a lower position is
available. The demotion entails 2.3.3 Training
reduction in duties, responsibilities,
status and rank. Training refers to formal or non-formal
h. Reclassification – a form of training courses and HRD interventions such
staffing modification and/or as coaching, mentoring, job rotation,
position classification action which seminars, workshops, and others that are
is applied only when there is a part of the employee’s individual
substantial change in the regular development plan/career development plan.
duties and responsibilities of the
position. 2.3.4 Eligibility

2.3 Qualification Standards (QS) Eligibility refers to the result of passing a


merit and fitness test which may be
The qualification standards are the determined as far as practicable by
minimum and basic requirements for competitive examination, or based on highly
position in the government in terms of technical qualifications, or other tests of
education, training, experience, Civil merit and fitness conducted by the Civil
Service eligibility, physical fitness and Service Commission, or other examination
other qualities required for successful jointly designed and coordinated by the
performance of the duties of the departments or agencies with the assistance
position. These shall serve as the basic of or in coordination with the CSC and other
guide in the selection of the employees examination such as PRC-conducted board
and in the evaluation of appointments to examinations, the SC-conducted bar
all positions in the government. examinations, or the CEDB-conducted CES
examination.
2.3.1 Education

Education refers to the formal or non-


formal academic, technical, or
vocational studies that will enable the 2.4 Modes of Separation
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

2.4.1 Resignation – is an act of an


official or employee by which
he/she voluntarily relinquishes in
writing his/her position effective
on a specific date which shall not
be less than thirty (30) days from
the date of such notice or earlier
as mutually agreed upon by the
employee and the appointing
authority.
2.4.2 Dismissal – is the termination or
the act of being discharged from
employment or service for cause.
It is the definite severance of an
officer or employee from
government service on the
initiative of the agency or office,
CSC, Ombudsman, or regular
courts.
2.4.3 Other Modes – Separation from
service as a result of dropping
from the rolls,
termination/expiration of
temporary appointment,
coterminous, contractual or
casual appointment, retirement,
or death.
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

3. Revised Rules on Administrative explain within the same period why no


Cases in the Civil Service administrative case should be filed against
(RRACCS) the said person. The failure to submit a
comment/counter-affidavit/explanation shall
be considered a waiver thereof and the
Filing an Administrative Case? preliminary investigation may be completed
even without the counter
a. Complaint affidavit/comment/explanation.

Administrative proceedings may be initiated c. Issuance of Formal Charge


by the disciplining authority motu proprio or
upon complaint of any other person. No After a finding of a prima facie case,
complaint against an official or employee the disciplining authority shall
shall be given due course. unless the same is formally charge the person
in writing, subscribed and sworn to by the complained of who shall now be
complainant. In cases initiated by the proper called as respondent. The formal
disciplining authority or an authorized charge shall contain a specification
representative, a show-cause order is of charge, a brief statement of
sufficient. material or relevant facts, which may
be accompanied by certified true
The complaint shall contain the following: copies of the documentary evidence,
sworn statements covering the
 full name and address of the testimony of witnesses, a directive to
complainant; answer the charge in writing, under
 full name and address of the person oath in not less than three (3) days
complained of as well as his/her but not more than ten (10) days from
position and office; receipt thereof, an advice for the
 a narration of the relevant and respondent to indicate in the answer
material facts which shows the acts whether or not a formal investigation
or omissions allegedly committed; is demanded, and a notice that
 certified true copies of documentary respondent may opt to be assisted by
evidence and affidavits of his/her a counsel.
witnesses, if any; and
 certification or statement of non- d. Answer
forum shopping
The answer, which is in writing and
No anonymous complaint shall be under oath, shall be specific and shall
entertained unless the act complained of is contain material facts and applicable
of public knowledge or the allegations can laws, if any, including original or
be verified or supported by documentary or certified copies of documentary
direct evidence. evidence, sworn statements covering
testimonies of witnesses, if there be any,
b. Preliminary Investigation in support of one's case. When the
disciplining authority determines that the
A Preliminary Investigation is a mandatory answer is satisfactory, the case shall
proceeding undertaken to determine whether be dismissed. Otherwise, the
a prima facie case exists to warrant the investigation shall proceed.
issuance of a formal charge/notice of charge.
When the complaint is initiated by the
disciplining authority, it or its authorized
representative shall issue a show-cause order
directing the person complained of to e. Preventive Suspension
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

The following grave offenses shall be


Preventive suspension is not a penalty. It is punishable by disissal from the service:
designed merely as a measure of precaution  Serious Dishonesty;
so that the respondent may be removed from  Gross Neglect of Duty;
the scene while the case is being  Grave Misconduct;
investigated.  Being Notoriously Undesirable;
 Conviction of a Crime Involving
f. Formal Investigation Moral Turpitude;
 Falsification of Official Document;
A formal investigation shall be conducted  Physical or mental disorder or
where the merits of the case cannot be disability due to immoral or vicious
decided judiciously without conducting such habits;
investigation or when the respondent elects  Receiving for personal use of a fee,
to have one, in which case, the investigation gift or other valuable thing in the
shall be held not earlier than five (5) days course of official duties or in
nor later than ten (l 0) days from receipt connection therewith when such fee,
of the respondent's answer or upon the gift or other valuable thing is given
expiration of the period to answer. Said by any person in the hope or
investigation shall be finished within thirty expectation of receiving a favor or
(30) days from the issuance of the Formal better treatment than that accorded to
Charge unless the period is extended by the other persons, or committing acts
disciplining authority or its authorized punishable under the anti-graft laws;
representative, or heads of agencies, or the  Contracting loans of money or other
Commission in meritorious cases. property from persons with whom
the office of the employee has
g. Decision business relations;
 Nepotism
The disciplining authority shall decide the  Soliciting or accepting directly or
case within thirty (30) days from receipt of indirectly, any gift, gratuity, favor,
the Formal Investigation Report. A decision entertainment, loan or anything of
rendered by the disciplining authority or monetary value in the course of one's
CSC ROs whereby a penalty of reprimand, official duties or in connection with
or suspension for not more than thirty (30) any operation being regulated by, or
days or a fine in an amount not exceeding any transaction which may be
thirty (30) days' salary is imposed, shall not affected by the functions of one's
be appealable. It shall be final and executory office
unless a motion for reconsideration is  Disloyalty to the Republic of the
seasonably filed. However, the respondent Philippines and to the Filipino
may file an appeal or petition for review people
when the issue raised is violation of due
process. The following grave offenses shall be
punishable by suspension of six (6) months
Classification of Offenses and one (1) day to one (l ) year for the first
offense and dismissal from the service for
Administrative offenses with corresponding the second offense:
penalties are classified into grave, less grave
and light, depending on their gravity or  Less Serious Dishonesty;
depravity and effects on the government  Oppression;
service.  Disgraceful and immoral
Conduct;
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

 Inefficiency and Incompetence in enterprise which has a regular or


the Performance of Official pending official transaction with
Duties; one's office, unless such
 Frequent Unauthorized Absences recommendation or referral is
(Habitual Absenteeism); mandated bv (l) law, or
 Habitual tardiness in reporting (2)international agreements,
for duty causing prejudice to the commitment and obligation, or
operations of the office; (3) as part of the function of
 Loafing from Duty During one's office.
Regular Office Hours;
 Refusal to Perform Official Duty;
 Gross insubordination; The following less grave offenses are
 Conduct Prejudicial to the Best punishable by suspension of one (1) month
Interest of the Service; and one (l) day to six (6) months for the first
 Directly or indirectly having offense; and dismissal from the service for
financial and material interest in the second offense:
any transaction requiring the
approval of one's office.  Simple Neglect of Duty
Financial and material interest is  Simple Misconduct
defined as pecuniary or  Discourtesy in the Course of Official
proprietary interest by which a Duties;
person will gain or lose  Violation of existing Civil Service
something; Law and rules of serious nature;
 Owning, controlling, managing  Insubordination;
or accepting employment as  Habitual Drunkenness;
officer, employee, consultant,  Unfair discrimination in rendering
counsel, broker, agent, trustee' or public service due to party affiliation
nominee in any private enterprise or preference;
regulated, supervised or licensed  Failure to file sworn statements of
by one's office, unless expressly assets, liabilities and net worth, and
allowed by law; disclosure of business interest and
 Disclosing or misusing financial connections including those
confidential or classified of one's spouse and unmarried
information officially known by children under eighteen (18) years of
reason of one's office and not age living in one's household;
made available to the public, to  Failure to resign from one's position
further one's private interests or in the private business enterprise
give undue advantage to anyone, within thirty (30) days from
or to prejudice the public assumption of public office when
interest; conflict of interest arises, and/or
 Obtaining or using any statement failure to divest oneself of one's
filed under the Code of Conduct shareholdings or interest in private
and Ethical Standards for Public business enterprise within sixty (60)
Officials and Employees for any days from assumption of public
purpose contrary to morals or office when conflict of interest
public policy or any commercial arises; Provided, however, that for
purpose other than by news and those who are already in the service
communications media for and conflict of interest arises, the
dissemination to the general official or employee must either
public; and resign or divest himself/herself of
 Recommending any person to said interest within the periods
any position in a private hereinabove provided, reckoned
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

from the date when the conflict of working days from receipt,
interest had arisen; and except as otherwise provided in
 Engaging directly or indirectly in the rules implementing the code
partisan political activities by one of conduct and Ethical Standards
holding non-political office. for Public Officials and
Employees;
The following light offenses are  Failure to process documents and
punishable by reprimand for the first complete action on documents
offense; suspension of one (l) to thirty and papers within a reasonable
(30) days for the second offense; and time from preparation thereof,
dismissal from the service for the third except as otherwise provided in
offense: the rules implementing the Code
of Conduct and Ethical Standards
 Simple Discourtesy in the Course for Public Officials and
of Official Duties; Employees;
 lmproper or unauthorized  Failure to attend to anyone who
solicitation of contributions from wants to avail himself/herself of
subordinate employees and in the the services of the office, or act
case of teachers or school promptly and expeditiously on
officials from school children; public transactions;
 Violation of Reasonable Office  Engaging in private practice of
Rules and Regulations; one's profession unless
 Habitual Tardiness; authorized by the Constitution,
 Gambling Prohibited by Law; law or regulation or the head of
 Refusal to Render Overtime the office where the employee or
Service; official is assigned, and provided
 Disgraceful, Immoral or that such practice will not
Dishonest Conduct Prior to conflict with one's official
Entering the service; functions.
 Borrowing Money by Superior  Pursuit of private business,
Officers from Subordinates; vocation or profession without
 Willful failure to pay just debts the permission required by Civil
or willful failure to pay taxes due Service rules and regulations.
to the government;
 The term "just debts" shall apply Dropping from the Rolls
only to:
a. Claims adjudicated by a court Officers and employees who are absent
of law, or without approved leave, have unsatisfactory
b. Claims the existence and or poor performance, or have shown to be
justness of which are admitted by physically or mentally unfit to perform their
the debtor. duties may be dropped from the rolls within
 Lobbying for personal interest or thirty (30) days from the time a ground
gain in legislative halls and therefor arises subject to the following
offices without authority; procedures:
 Promoting the sale of tickets in
behalf of private enterprises that A. Absence Without Approved Leave
are not intended for charitable or
public welfare purposes and even  An official or employee who is
in the latter cases, if there is no continuously absent without official
prior authority; leave (AWOL) for at least thirty (30)
 Failure to act promptly on letters working days may be dropped from
and request within fifteen (15) the rolls without prior notice which
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

shall take effect immediately. He/she C. Physical Unfitness


shall, however, have the right to
appeal his/her separation within An officer or employee who is continuously
fifteen (15) days from receipt of the absent for more than one (1) year by reason
n notice of separation which must be of illness may be declared physically unfit to
sent to his/her last known address. perform his/her duties and may be
 If the number of unauthorized consequently dropped from the rolls.
absences incurred is less than thirty
(30) working days, a written Return-
to-Work order shall be served on the D. Mental Disorder
official or employee at his/her last
known address on record. Failure on An officer or employee who is behaving
his/her part to report to work within abnormally for an extended period, which
the period stated in the order, which may manifest continuing mental disorder
shall not be less than three (3) days, shall be provided necessary human resource
is a valid ground to drop him/her and psychological interventions. If after
from the rolls. interventions, continued abnormal behavior/
 If it is clear under the obtaining mental disorder is manifested, as reported by
circumstances that the official or his or her coworker or immediate supervisor
employee concerned, has established and confirmed by a licensed psychiatrist, the
a scheme to circumvent the rule by officer or employee may be dropped from
incurring substantial absences the rolls.
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.

B. Unsatisfactory or Poor
Performance

An employee who obtained unsatisfactory


rating for one rating period or 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), in
coordination with the HRM
Officer/Personnel Office, to address
competency-related performance gaps. 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. An
officer or employee who is given two
consecutive Unsatisfactory ratings may be
dropped from the rolls after due notice.
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

Learning Evaluation: Case Discussion

Mayor Juan Agustin, Lapu-lapu City, Province of Cebu, appeals the Decision dated November
22, 2001 of the Civil Service Commission Regional Office (CSCRO) No. VII, affirming the
Decision dated October 29, 2001 of the CSC Provincial Field Office disapproving the
promotional appointment of Leny A. Caras from Local Treasury Operations Officer (LTOO) I to
LTOO III, same agency. The appointment of Caras was disapproved on the ground that her
promotion violates the maximum three (3) step salary grade increase mandated in Item No. 15
of CSC Memorandum Circular (MC) No. 3, s. 2001 (Revised Merit Promotion Plan). Records
show that the appeal was received by the Commission on January 10, 2002. The material
portions of the decision of the CSCRO No. VII read, as follows: " . . .

In a DECISION dated October 29, 2001, Director Canapi countered that the reason for the
disapproval is not the qualification of the appointee but rather . . . anchored on the violation of a
specific policy on the Merit Promotion Plan under MC # 3, 2001. The current Plantilla of
personnel of the City of Lapu-Lapu bears that the current position of Ms. Caras has a salary
grade of 11 while the vacant position’s salary grade is 18, which is seven (7) steps higher than
her present position. Moreover, the appointee’s present position is neither next-in-rank to the
item filled-up nor a lone or entrance position in the staffing pattern.

“In his appeal, Mayor Radaza asserts that the appointee possesses superior qualifications over
the next-in-rank employees. Her knowledge on the functions of the position, being the Local
Treasury Department Operations Officer I, is vital to the appointed position. He also added that
the lateral interpretation of Section 15 of MC No. 3, s. 2001, would be curbing the latitude of
discretion vested upon the appointing authority, as has been steadily sustained by the
Supreme Court, which would only result into a situation adverse to the best interest of the public
service.”

The appeal of Mayor Radaza reads, in part, as follows:

"This is an appeal from the decision of the CSC Regional Office VII . . . in disapproving the
promotional appointment of Mrs. Leny A. Caras . . . to Local Treasury Operation Officer III . . .
on the sole ground that it allegedly violates Item No. 15 of M.C. 3, series of 2001.
" . . . the Regional Director . . . failed to appreciate the following points to wit:

"1. That Mrs. Leny Caras has completed all the academic requirements of her Master’s Degree
in Public Administration . . . there is no doubt that she is superior over the other
qualified employees.
"2. That . . . Caras was strongly recommended by the Head of the Treasury Department . . .
considering that she is very knowledgeable in the field . . .
"3. That during the assignment of . . . Caras to the Licensing Division, she was able to discover
anomalous transactions made by the co-employee involving a considerable amount that
redounded to the benefit of the City Government.
"4. That . . . Caras had been assigned to the said division of the Office of the City Treasurer for
more than 7 years . . .
"5. The CSC – Regional Office VII erred in deciding that there are six (6) next in rank
employees due to the fact that under the current staffing pattern of the Office of the City
Treasurer, there are only two (2) employees who can be considered next in rank . . . but these
employees are not available for the said position . . .
Republic of the Philippines
BASILAN STATE COLLEGE
GRADUATE STUDIES
Main Campus Sumagdang, Isabela City, Basilan
www. Bassc.edu.ph

" . . . I do believe that Item No. 15 of Memorandum Circular No. 3 series of 2001 shall not be
construed with conclusivity (sic) in order to pave the way for the application of a very long time
settled jurisprudence enunciated . . . by the Supreme Court that the appointing authority shall be
given a wide latitude of discretion in appointing employees provided that the employee to be
appointed possesses the minimum qualifications required by the position. This requirement is not
only meet (sic) by the appointee . . . but rather she possesses superior qualifications . . . "In view
of the foregoing premises and considering the circumstances presented, the undersigned
respectfully requests your good office to reverse the decision of the Civil Service Commission
Region VII (sic) from the disapproval to that approval."

After reading the case, do you affirm the decision of the Civil Service Field Office to
disapprove the appointment of Leny Caras? Discuss your answer comprehensively. Submit
your case discussion to my Facebook messenger not later than August 30, 2021.

You might also like