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Question salary for services rendered before the CSC disapproved the appointment

  • ROSITA K. BLANCAS
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4 months 2 weeks ago #1639 by ROSITA K. BLANCAS
ROSITA K. BLANCAS created the topic: salary for services rendered before the CSC disapproved the appointment
On February 16, 2018, the Provincial Governor issued the appointment of Mr. Domingo B. Mariano, as Department Head (Provincial Agriculturist) of the Provincial Agriculture, Environment and Natural Resources Office (PAENRO) of the Province of Ifugao, in place of Mr. Raymundo Bahatan who retired from government service on June 2, 2015. Records show that the appointee assumed his duties and took his Oath of Office on February 16, 2018 and February 19, 2018, respectively. He received a total amount of P526,745.52 representing his salaries and allowances from February 16, 2018 to July 31, 2018.

However, the CSC CAR Assistant Regional Director in her letter dated March 19, 2018 invalidated said appointment for violation of the provisions of Republic Act No. 7041 or the Act requiring regular publication of existing vacant positions in government offices and Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), particularly Sections 17, 24 and 29.

The Provincial Governor filed a motion for reconsideration on April 27, 2018 to the Director of CSC, Cordillera Administrative Region (CSC-CAR). The CSC-CAR in its Decision No. 18-00070 promulgated on May 30, 2018 affirmed the invalidation of the appointment of Mr. Domingo B. Mariano for failure to comply with the provision of Section 80, Title Three, Book 1 of the Local Government Code of 1991 (RA No. 7160) as reiterated in Section 24, Rule VII of the 2017 ORAOHRA.

The appointee and/or the appointing authority did not appeal said decision of CSC-CAR. Instead, the position was republished at the CSC-CAR website and posted in three conspicuous places from July 27, 2018 to August 13, 2018 in consonance with RA No. 7041. Then assessment by the Human Resource Merit Promotion and Selection Board followed on September 20, 2018 and the appointee was screened and found qualified during the deliberation on October 4, 2018. Finally, the Provincial Governor issued his appointment on October 10, 2018 and said appointee took his oath of office and assumed his duty on the same day.

Now, the question is this: the total amount of P526,745.52 received by the appointee representing his salaries and allowances from February 16, 2018 to July 31, 2018, is he entitled to this? or should the appointing authority and other persons liable pay back said amount to the government?

how are we to understand the applicable provisions like Section 4, Rule VI of the Revised Omnibus Rules on Appointments and Other Personnel Action states:

“The appointing authority shall be personally liable for the salary of appointees whose appointments have been disapproved for violation of pertinent laws such as the publication requirement pursuant to RA 7041.”

Section 65, Chapter 10, Book V, of Executive Order No. 292, otherwise known as the Administrative Code of 1987, to wit:

“Liability of appointing authority. No person employed in the Civil Service in violation of Civil Service law and rules shall be entitled to receive pay from the government, but the appointing authority responsible for such unlawful employment shall be personally liable for the pay that would have accrued had the employment been lawful, and the disbursing officials shall make payment to the employee of such amount from the salary of the officers so liable.”

Section 86, Rule 17 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) also states that:

“xxx. On the other hand, when an appointment is invalidated/disapproved for violation of pertinent laws such as publication requirement pursuant to Republic Act No. 7041, among others, the services of the appointee shall not be credited as government service and the salaries of the appointee shall be borne by the appointing authority and/or the persons responsible for the commission of the violation of a rule, law.”

Based on the above provisions, is it right that the appointing authority and/or the persons responsible for the violation should refund the amount of P526,745.52 to the provincial government?
We look forward to your timely action. Thank you very much Sir/Madam.

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4 months 1 week ago #1642 by Action Officer 21
Action Officer 21 replied the topic: salary for services rendered before the CSC disapproved the appointment
Hi,

The pertinent rule as regards your concern is Section 86 (2nd paragraph), Rule 17 of the 2017 RACCS which provide that:

“When an appointment is invalidated/disapproved on grounds that do not constitute a violation of civil service law, the appointee shall be considered a de facto official/employee for which he/she is entitled to payment of salaries from the government and the services are creditable government service. On the other hand, when an appointment is invalidated/disapproved for violation of pertinent laws such as publication requirement pursuant to Republic Act No. 7041 , among others, the services of the appointee shall not be credited as government service and the salaries of the appointee shall be borne by the appointing authority and/or the persons responsible for the commission of the violation of a rule, law.”

However, considering that your concern involves a Decision rendered by CSC CAR, it is advised that you refer your query to that Office which is more knowledgeable of the circumstances of the concerned case and the manner of its disposition.

Moreover, be advised that copies of Decisions rendered by the Commission proper, involving cases of a similar nature and brought before it by way of a Petition for Review, are provided to the COA for their appropriate action.

In this regard, you may also refer your query to the proper COA Office for advice on the procedures followed by that Office on the implementation of CSC Decisions that has become executory.

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