Republic of the Philippines

CIVIL SERVICE COMMISSION (CSC)

CSC Regional Office No.VII
Sudlon, Lahug, Cebu City

In the matter of the INVALIDATED

APPOINTMENT of GEROSA T. AY-
AD as SUPERVISING
ADMINISTRATIVE OFFICER of the
Provincial General Services Office,
Province Bohol
x-------------------------/

APPEAL

COMES NOW, the undersigned GOVERNOR OF THE PROVINCE

OF BOHOL, to this Honorable Civil Service Commission (CSC), through its
CSC Regional Office No. VII, most respectfully states, THAT:

1. On April 23, 2019, the Office of the Governor of the Provincial

Government of Bohol received the letter, dated April 10, 2019 of Dir.
Elizabeth B. Mateo, Director II, CSC – Bohol Field Office, Tagbilaran City,
INVALIDATING the proposed permanent appointment of Gerosa T. Ay-ad
as Supervising Administrative Officer of the Office of the Provincial
General Services Officer, at the rate of ₱65,319.00 per month, on the
following grounds, to wit:

a. Appointee failed to submit an original copy of authenticated

certificate of eligibility; and

b. Qualification Standards indicated in the publication of vacant

position is different from what is required in the Revised 1987
Qualification Standards.

A certified true copy of the said letter, dated April 10, 2019 of Dir.
Elizabeth B. Mateo is hereto attached as Annex “A”;

2. Pursuant to Section 108, Rule XI, of the 2017 Omnibus Rules

on Appointments and Other Human Resource Actions, the services of the
appointee shall be terminated after fifteen (15) days from receipt of the
letter/decision disapproving/invalidating the appointment, unless a motion
for reconsideration or appeal is seasonably filed;

3. With due respect, the undersigned is filing this instant appeal

within the 15 – day period in order to comply with the reglamentary period
under CSC rules and regulations;

Page 1 of 5
 4. The fifteen (15) day period to file the Appeal will expire on May 8,
2019, thus, the filing of this Apeeal is well within the reglamentary period;

5. In compliance with Rules of the Commission, the undersigned is

attaching as Annex “B” the Official Receipt No. 5368522-5 dated May 3,
2019 issued by the CSC in the amount of Five Hundred Pesos (₱500.00) as
payment of the Appeal Fee;

6. The instant appeal is based on the following grounds:

Appointee’s failure to submit an

original copy of authenticated
certificate of eligibility is not her
fault –

7. Appointee stated in her Affidavit that when she requested for

authenticatication of her Certificate of Eligibility at CSC Regional Office
VII, it was discovered as per records therein, her place of birth was
Baclayon, Bohol. However, her true and correct place of birth is Tagbilaran
City as per Birth Certificate issued by the Philippine Statistics Authority.
Copy of the Affidavit of Explanation is hereto attached as Annex “C”

8. In Hadji-Sirad v. Civil Service Commission, 1 the Court enumerated

the reasons that may provide a justification for the suspension of a strict
adherence to procedural rules. These include (i) "matters of life, liberty,
honor or property; (ii) the existence of special or compelling circumstances;
(iii) the merits of the case; (iv) a cause not entirely attributable to the fault or
negligence of the party favored by the suspension of the rules; (v) a lack of
any showing that the review sought is merely frivolous and dilatory; and (vi)
a showing that the other party will not be unjustly prejudiced thereby.

9. It is, thus respectfully submitted that this instant case would merit
the suspension of the strict adherence to CSC Rules and Regulations
considering that (1) appointee is already a holder of a regular position in the
Provincial Government indicating that her eligibility has been verified and
authenticated based on existing CSC rules at the time of her pervious
appointment; (2) the discrepancy between the records of the PSA and the
CSC neither puts the eligibility nor the identity of the appointee in question
because no other person has claimed ownership of the Certificate of
Eligibility in question hence, no other party will be unjustly prejudiced
thereby.

That the discrepancy between the

Qualification Standards indicated in
the publication of vacant position
and the Revised 1987 Qualification

1
G.R. No. 182267. August 28, 2009 (En Banc)

Page 2 of 5
Standards also cannot be attributed
to the appointee

10. As per Justification from Ms. Josefina J. Relampagos, PGDH-

PHRMDO, the phrase “relevant to the job” in the description for educational
requirement as well as the phrase “Second Level Eligibility” in the
eligibility requirement were inadvertently omitted by them due to the
complexity of their roles coupled with the demands of filling up of positions
which are urgent in character and are essential to the proper functioning of
the concerned offices. Copy of the Justification issued by the HRMDO is
hereto attached as Annex “D”

6. All the foregoing considered, it is respectfully submitted that the

rules on publication and personnel selection has been strictly observed ;

PRAYER

WHEREFORE, all the foregoing premises considered, it is most

respectfully prayed of this Honorable Civil Service Commission (CSC),
through its CSC Regional Office No. VII, THAT:

1. The instant Appeal on the letter, dated April 10, 2019 of Dir.
Elizabeth B. Mateo, Director II, CSC – Bohol Field Office, Tagbilaran City,
INVALIDATING the proposed permanent appointment of Gerosa T. Ay-ad
as Supervising Administrative Officer of the Office of the Provincial
General Services Officer, be please REVERSED and a new one be entered
approving and validating Ms. Ay-ad’s appointment;

2. The permanent appointment of INVALIDATING the proposed

permanent appointment of Gerosa T. Ay-ad as Supervising Administrative
Officer of the Office of the Provincial General Services Officer, be
respectfully APPROVED/VALIDATED;

Other relief and remedies which are just and equitable under the
premises are likewise prayed for.

Tagbilaran City, Bohol (for Cebu City), Philippines, May 8, 2019.

ATTY. EDGARDO M. CHATTO

Governor – Appellant

Page 3 of 5
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

Republic of the Philippines ]

City of Tagbilaran ] S.S.

I, ATTY. EDGARDO M. CHATTO, Filipino, of legal age, married

and a resident of Del Carmen Weste, Balilihan, Bohol, Philippines, after
being duly sworn in accordance with law, do hereby declare and state:

1. That I am the incumbent Governor of the Province of Bohol and

the Appellant in the instant Appeal;
2. That I have caused the preparation and filing of the foregoing
Appeal, and that I have read the foregoing and I hereby attest that
the allegations therein are true and correct based on my personal
knowledge and on authentic records;
3. That I have not theretofore commenced any other action involving
the same issues in the Supreme Court, the Court of Appeals, or
different divisions thereof, any other tribunal, and that to the best
of my knowledge, there is no such other action or proceeding
pending in the said Court or other tribunals or agencies;
4. That if I should learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or
agency, I do hereby undertake to promptly inform the said Court or
other tribunal or agency of that fact within five (5) days therefrom.
IN WITNESS WHEREOF, I hereunto set my hand this May 6, 2019
at the City of Tagbilaran, Bohol, Philippines.

ATTY. EDGARDO M. CHATTO

Governor – Affiant

SUBSCRIBED AND SWORN TO before me on this May 6, 2019 at

the City of Tagbilaran, Bohol, Philippines, affiant with his LGU – Bohol
Identification Card No. 1125 as competent proof of identity, and I hereby
certify that the appellant has read and understood the contents of this Appeal
and executed the same freely and voluntarily.

Page 4 of 5
Republic of the Philippines )
Tagbilaran City                  ) S.S.

AFFIDAVIT OF SERVICE

I, ELIGIO C. REQUINA, Filipino, of legal age, married and a

resident of Uptown, Phase 3, Tiptip District, Tagbilaran City, Bohol under
oath, depose and state:

1. I am the Supervising Administrative Officer of the Human

Resource Management and Development Office, Province of Bohol;

2. I was instructed by the Governor to serve a copy of the

Appeal in the above-entitled case on the following address and on the
date indicated below by personaly delivery
Name Address Date of Service Mode of Service

Dir. Elizabeth Mateo

CSC-Bohol Field Office May 6, 2019 Personal delivery

IN WITNESS WHEREOF, I have hereunto set my hand this May 6,

2019 in Tagbilaran City, Bohol.

ELIGIO C. REQUINA
Affiant
                                                         
SUBSCRIBED AND SWORN to before me this May 6, 2019 in
Tagbilaran City, Bohol. Personally appeared and exhibiting his PGBH I.D.
No. 8712 as his competent proof of his identity.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.

Copy Furnished

Dir. Elizabeth B. Mateo

CSC – Bohol Field Office
Tagbilaran City

Page 5 of 5