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Question SALARY AND BENEFITS OF APPOINTEE WHOSE APPOINTMENT WAS CSC DISAPPROVED

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11 months 2 weeks ago #1458 by Leo Girl
Leo Girl created the topic: SALARY AND BENEFITS OF APPOINTEE WHOSE APPOINTMENT WAS CSC DISAPPROVED
Hi Sir/Madam:

In 2017, A co-worker was appointed to a position more than 3 steps of her old position; she enjoyed the salary and benefits entitled to her new position up to present

If ever the appointment of said employee was disapproved by the CSC, since up to present, her old position was not yet published as vacant, will all the benefits and salary difference be paid back by said personnel?

Thank you

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11 months 5 days ago #1469 by Action Officer 17
Action Officer 17 replied the topic: SALARY AND BENEFITS OF APPOINTEE WHOSE APPOINTMENT WAS CSC DISAPPROVED
Hi DJ
Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nevertheless, your attention is hereby invited to the rule on the disapproval/invalidation of appointments. Rule XI, Section 109, 2017 Omnibus Rules on Appointments and Other Human Resources Action, provides that

“Section 109. If the appointment is disapproved/invalidated on grounds which do not constitute a violation of pertinent laws as provided in Item f, Section 107 of this Rule, the same is considered effective until the disapproval/invalidation is affirmed by the CSCRO or the Commission. The services rendered shall be credited as government services and the appointee shall be entitled to the payment of salaries from the government as a de facto officer.

“An appointment which is disapproved/invalidated on grounds that constitute a violation of pertinent laws as provided in Item f, Section 107 of this Rule may continue to render services. In the event the disapproval/invalidation is affirmed by the Commission, it becomes executory. The services rendered shall not be credited as government service and the appointing authority/officer shall be personally liable for the payment of salaries.

“If an appeal on a disapproved/invalidated appointment is granted by the CSCRO or Commission Resolution shall state that the actual services rendered by the appointee are deemed included in his/her service record, without a need to file a request for accreditation of service.”

xxx

“Section 111. An employee whose promotional appointment is disapproved/invalidated shall be reverted to his/her former position.

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