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Question Appeal to reassignment

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9 months 1 week ago #432 by mcsv
mcsv created the topic: Appeal to reassignment
If an Appeal pursuant to Section 110 of RRACCS has been filed (Other personnel actions, such as but not limited to...reassignment), how long will it take for CSC to issue an order to comment to the appointing authority/ies (assuming multiple reassigned personnel have different appointing authorities based on their salary grades)? Is issuance of order to comment five months after filing still considered reasonable time within which CSC personnel are to act considering that per Republic Act No. 6713, communications and correspondences must be acted upon within 15 working days from receipt? Are the appellants not entitled to receive copy of the Order to comment considering that per section 122 of RRACCS, copies of decisions AND OTHER COMMUNICATIONS shall be served on the counsel of record if one is represented by a counsel, if he/she has none, the same shall be served to the party concerned. Is an order to comment not considered communications which ought to be copy furnished to an appellant in an appeal for reassignment? CSC personnel claimed that appellants are not entitled to be furnished a copy because it was not provided for in RRACCS. If this is the case, how then can an appellant be apprised as to whether CSC has assumed jurisdiction over the remedies availed of in non-disciplinary cases and how will the appellant be apprised that appointing authority/ies have complied with the order to comment within the requisite period as per RRACCS if they are not informed as to when the order has been issued by CSC? What alternative remedies apart from being furnished a copy of orders from CSC may an appellant avail of to determine whether the appeal has been decided on in accordance with pertinent laws, CSC rules and regulations and the Rules of Court applied in a suppletory manner?

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9 months 6 days ago #435 by Action Officer 15
Action Officer 15 replied the topic: Appeal to reassignment
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.
With regard to the issues raised in your letter, please be informed that an Order to Comment is usually given within a reasonable period of time after evaluation of the case records by the Action Officer and depending on the compliance with the requisites for a valid complaint under the RRACCS. It may also depend on the bulk of cases being handled by the Action Officer, the CSC being the Central Personnel Agency of the entire government. Also, the complainant or appellant is not required to be furnished a copy of the said order to comment or the comment itself. The complainant or appellant is not however precluded from inquiring with the records division as to the status of the case. Of course, the Decision of the Commission will be furnished the complaint or appellant.

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9 months 6 days ago #438 by mcsv
mcsv replied the topic: Appeal to reassignment
Thank you for the quick response. May we then inquire as to when the practice of issuing copies of orders to comment by the CSC to appellant/s has stopped? The CSC still issued copies of orders to comment in 2015. Or is it a case to case basis or subject to the discretion of the CSC personnel whether to issue a copy to the appellant/s?

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9 months 6 days ago #441 by Action Officer 18
Action Officer 18 replied the topic: Appeal to reassignment
When the parties complied with the directives of the CSC in an Order, it will no longer issue another Order. However, if there was no compliance, the CSC will issue its final Order, copy furnished the parties to the case

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9 months 6 days ago - 9 months 6 days ago #442 by mcsv
mcsv replied the topic: Appeal to reassignment
we are referring to the first order issued by the CSC in an appeal to reassignment (the order to comment after receipt of an appeal to reassignment). The CSC still furnishes the appellant of copies such first orders to comment in 2015. Has this practice been abandoned? or was it just discretionary on the part of the CSC personnel at that time to choose whether to furnish an appellant with a copy of the same? Section 114 of RRACCS states that: "...(t)he latter [referring to the appointing authority] shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bount to prevent loss, with its comment, within fifteen (15) days from receipt, to the appellate authority" In this provision, is it still necessary to wait for CSC's order to comment before the appointing authority comply with the requirement of Section 114 or is the 15-day requisite period of filing the comment by the appointing authority reckoned from the time of its receipt of the copy furnished by the appellant?
Last Edit: 9 months 6 days ago by mcsv.

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9 months 5 days ago - 9 months 5 days ago #455 by Administrator
Administrator replied the topic: Appeal to reassignment
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

However, for the prompt and judicious resolution of the appeal, the Commission is directing the disciplining authority to submit his/her comment together with the records of the case with a warning that failure to comply with order the appeal shall be submitted for decision based on the evidence on record.
Last Edit: 9 months 5 days ago by Administrator.

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