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Question Invalidated Appointment

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4 months 5 days ago - 4 months 3 days ago #1494 by Nikko
Nikko created the topic: Invalidated Appointment
Good morning. I have a friend whose appointment was invalidated by the CSC-FO. This person made an appeal before the Regional Office, unfortunately, the CSC-FO's decision was affirmed by CSC-RO. It was again appealed before the Commission hence, the instant Motion for Reconsideration, which was found to be unmeritorious by the latter. Can this person still make an appeal or is the decision of the Commission final and executory? What if the person filed a petition for review in the Court of Appeals, can the concerned person continue to report for work while waiting for the decision?

Please advise. Thank you.
Last Edit: 4 months 3 days ago by Nikko. Reason: added question

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4 months 3 days ago #1497 by Action Officer 34
Action Officer 34 replied the topic: Invalidated Appointment
Good afternoon. The rules applicable to your query are:

Section 73. Petition for Review with the Court of Appeals. A party may elevate a Decision/Resolution of the Commission before the Court of Appeals by way of a petition for review under Rule 43 of the Rules of Court.

Section 116. Effect of Pendency of Petition for Review/Certiorari with the Court. The filing and pendency of a petition for review with the Court of Appeals or certiorari with the Supreme Court shall not stop the execution of the decision of the Commission unless the Court issues a restraining order or an injunction.

These rules may be found in the 2017 Rules on Administrative Cases in the Civil Service.

We hope to have clarified on the matter.

Thank you.

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