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Loved Service Credits / Appointment Effectivity

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2 years 1 month ago #219 by Mick Mars
Mick Mars created the topic: Service Credits / Appointment Effectivity
Greetings. I would like to ask for possible remedies about this situation. The date of my duty assumption is July 3 but I assumed the responsibilities of the said duty earlier as June 5 which was the beginning of classes for DepEd Schools. My early assumption of duty goes with a request from the principal, approved by the appointing authority due to the need for faculty load that needs to be catered, considering that I ranked 1st in the registry of qualified applicants, which I think was the reason why I was called for such early duty. It is my prayer that my 1 month service in June be the cause that the effectivity of my appointment will be somewhen in June which was the beginning of my duty assumption and not July 3; or my 1 month service in June be given service credits. I would like to know the possible remedies about this. If it would not be too much, I would like to be enlightened with legal bases or provisions about this matter. Thank you very much.

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2 years 1 month ago - 2 years 1 month ago #230 by Action Officer 5
Action Officer 5 replied the topic: Service Credits / Appointment Effectivity
Relevant to your query is Section 1 and 2 of RULE IV and Section 3 of RULE VI of CSC Memorandum Circular No. 40 s. 1998, as amended, which provides that:

“RULE IV
“EFFECTIVITY OF APPOINTMENT

“Sec. 1. An appointment issued in accordance with pertinent laws and rules shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitled to receive his salary at once without awaiting the approval of his appointment by the Commission. The appointment shall remain effective until disapproved by the Commission. xxx.

"Sec. 2. No appointment shall be made effective earlier than the date of issuance xxxx."


xxx

The above-quoted section of CSC MC 40 s. 1998 expressly provides that an appointment takes effect from the date of its issuance and the appointee is entitled to receive his/her salary the moment he/she assumed the duties and functions of the position. Based therefrom, your assumption to duty earlier than the date of your appointment is contrary to the above rules. Any services rendered during the said period cannot be compensated. The least, it is considered a voluntary service on your part.
Last Edit: 2 years 1 month ago by Action Officer 5.

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