It is a settled rule in the Civil Service that no person can assume any appointive position in the government without an appointment issued by the proper authority. When a person does otherwise, the services he/she rendered will not be recognized as government service. The same goes for services that are rendered pursuant to defective appointments which are disapproved or invalidated by the Civil Service Commission for any of the following reasons:
- The appointee does not meet the qualifications for the position;
- The appointee was found guilty by final judgment of a crime which carries the accessory penalty of perpetual disqualification from public office and no pardon has been granted;
- The appointee has been dismissed from the service by final judgment and no executive clemency has been granted;
- The appointee has employed fraud or deception in connection with his/her appointment; or
- The appointment was issued in violation of any existing Civil Service laws, rules, or regulations.
Nonetheless, by virtue of Rule 21 of the Revised Rules on Administrative Cases in the Civil Service, the Civil Service Commission allows the submission of requests for accreditation of services rendered pursuant to those types of appointments so that the same may be considered as government service, subject to compliance with certain documentary requirements. Recently though, the Commission has issued CSC Resolution No. 1401316 (Recording of Services Rendered in the Government; Amendment to CSC Resolution No. 062179 dated December 6, 2006) which set forth new rules as regards the matter. The Resolution was promulgated on September 12, 2014 and became effective on October 12, 2014, after having been published in The Philippine Star on September 27, 2014. Briefly, the Resolution directs the following:
1. Actual services rendered starting January 1, 2015 pursuant to a defective appointment or without any appointment will no longer be credited as government service;
2. Officials and employees who rendered actual services before January 1, 2015 pursuant to defective appointments or without any appointment may still request accreditation of such services to the CSC Regional Office concerned until December 29, 2014 (last working day of 2014);
3. Those who have already retired under existing laws can no longer request for accreditation except those who have retired under E.O 366;
4. After December 29, 2014, all CSC Regional Offices will no longer accept any requests for accreditation.
To be more clear, I am also quoting below other guidelines set forth by the Resolution –
1. An appointment that is disapproved or invalidated by the CSC Regional or Field Office shall bear the notation “CSC action is deemed final if no Motion for Reconsideration or Appeal is filed by the appointing authority or appointee within 15 days from receipt.”
2. The Agency Head and the appointee shall each be furnished with a notice of the disapproval/invalidation of the appointment through registered mail.
3. The Agency Head or the appointee may appeal the invalidation/disapproval of an appointment. The appeal should be filed with the CSCRO (in case the invalidation/disapproval is made by the CSCFO) or CSC Central Office (if the invalidation/disapproval is made by the CSCRO) within fifteen (15) days from receipt by the Head of Agency or the appointee, of the notice/letter of invalidation/disapproval.
4. If an appeal on a disapproved/invalidated appointment is granted by the CSCRO or by the Commission, the dispositive portion of the CSCRO or Commission Resolution shall state that the actual services rendered by the appointee are deemed included in his/her service record, without the need to file a request for accreditation of services.
5. If an appeal on a disapproved/invalidated appointment issued on or before December 31, 2014 is dismissed by the CSCRO or by the Commission, the dispositive portion…shall state the automatic accreditation of the employee’s actual services up to December 31, 2014 only and the entitlement of the employee to salaries for actual services rendered under the de facto principle.
6. If an appeal on a disapproved/invalidated appointment issued on January 1, 2015 and onwards is dismissed by the CSCRO or by the Commission, the dispositive portion…shall state the entitlement of the employee concerned to salaries for actual services rendered.
7. Entitlement to salaries and other compensation shall terminate from the time of receipt by the agency/employee of the decision affirming the disapproval/invalidation of appointment.
8. The delay in the submission of appointment or Report on Appointments Issued (RAI) to the CSCFO or CSCRO shall not be taken against the appointee. The effective date of appointment shall not be adjusted based on the delay, thus the original date of appointment shall be retained. The responsible official/s who caused the delay in the submission of the appointment may be held administratively liable for neglect of duty.
So, if you happen to know someone who is affected by this new Resolution promulgated by the CSC, go ahead and share this article. To read the Official Press Release of CSC Region 5, click here.
Update as of November 27, 2014 – the CSC has circularized Resolution No. 062179 through CSC Memorandum Circular No. 25, series of 2014. For a copy of the MC, click here.
Update as of July 12, 2017 – the CSC issued MC No. 21, s. 2017 giving exemptions from CSC MC No. 25, s. 2014. For a copy of the MC, click here.