Civil service commission gr no 110168aug41994

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Unformatted text preview: UT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 121 UST GOLDEN NOTES 2011 A: TEMPORARY APPOINTMENT Issued to a person to a position needed only for a limited period Not to exceed 6 months/no definite tenure and is dependent on the pleasure of the appointing power Meets all requirements for position except civil service eligibility PROVISIONAL APPOINTMENT Issued prior to authorization of CSC Regular position in the meantime that no suitable eligible does not qualify for the position Has not qualified in an appropriate examination but otherwise meets requirements for appointments Note: Provisional appointments in general have already been abolished by R.A. No. 6040. However, it still applies with regard to teachers under the Magna Carta for Public School Teachers. Concepts on appointments are discussed under the Chapter on Executive Department. Q: Can the CSC revoke an appointment by the appointing power and direct the appointment of an individual of its choice? A: No. The CSC cannot dictate to the appointing power whom to appoint. Its function is limited to determining whether or not the appointee meets the minimum qualification requirements prescribed for the position. Otherwise, it would be encroaching upon the discretion of the appointing power. (Medalla v. Sto. Tomas, G.R. 94255, May 5, 1992) Q: What is the concept of “protest to appointment”? A: Any person who feels aggrieved by the appointment may file an administrative protest against such appointment. Protests are decided in the first instance by the Department Head, subject to appeal to the CSC. The protest must be for a cause (i.e. appointee is not qualified; appointee was not the next‐in‐rank; unsatisfactory reasons given by the appointing authority in making the questioned appointment). The mere fact that the protestant has the more impressive resume is not a cause for opposing an appointment (Aquino v. CSC, G.R. No. 92403, April 22, 1992). Q: What is the concept of “revocation” and “recall” of appointment? 122 A: Where an appointment requires the approval of the CSC, such appointment may be revoked or withdrawn by the appointing authority anytime before the approval by the CSC. After an appointment is completed, the CSC has the power to recall an appointment initially approved on any of the following grounds: 1. Non‐compliance with procedures/criteria in merit promotion plan; 2. Failure to pass through the selection board; 3. Violation of existing collecti...
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This document was uploaded on 03/12/2014.

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