NACHURA LAW ON PUBLIC OFFICERS NOTES: COMMENCEMENT OF OFFICIAL RELATIONS PART 4

NACHURA LAW ON PUBLIC OFFICERS NOTES: COMMENCEMENT OF OFFICIAL RELATIONS PART 4

Appointment through Certification

• Issued to a person who has been selected from a list of qualified persons certified by the CSC from an appropriate register of eligibles and who meets the qualifications prescribed for the position.

Transfer

• Movement from one position to another which is of equivalent rank, level or salary without break in service.
• May be imposed as an administrative penalty.
• Unconsented transfer violates security of tenure.
• Career Executive Service personnel can be shifted from one office to another without violating their right to security of tenure, because salary and status is based on their ranks and not on the positions to which they are assigned.

Reinstatement

• Has been permanently appointed in the career service and who has, through no delinquency of misconduct, been separated may be reinstated to a position in the same level for which he is qualified.
• Acquisition of civil service eligibility is not the sole factor for the reappointment. Other factors should be considered: performance, degree of education, work experience, training, seniority and enjoys confidence and trust of the appointing power.
• Not subject to application for a writ of mandamus.
• Issuance of new appointment which is discretionary
• Exercise of discretionary power cannot be controlled by the courts, as long as properly exercised
• Forfeited his right to public office because of conviction of a crime, but was extended plenary pardon CANNOT by reason of pardon demand reinstatement as a matter of right.
• Exception:

1. Sabello vs. DECS – considerations of justice and equity

2. Garcia vs. Chairman, Commission on Audit – person given pardon because he did not truly commit the offense; the pardon relives him from all punitive consequences of his criminal act thereby restoring him to his clean name, good reputation and unstained character prior to his finding of guilt.

Detail

• Movement of an employee from one agency to another without the issuance of an appointment
• Allowed only for a limited period of time in the case of employees occupying professional, technical and scientific positions
• Temporary in nature

Reassignment

• Reassigned from one organizational unit to another in the same agency
• Not involve reduction in rank, status or salary
• Management prerogative vested in the CSC, any department or agency embraced in Civil Service
• Does not constitute removal without cause
• Should have definite date and duration.
• Lack of specific duration is tantamount to floating assignment thus a dimunition in status or rank.

Reemployment

• Names of persons who have been appointed permanently to positions in the career service and who have been SEPARATED as a result of REDUCTION in force and/or REORGANIZATION, shall be entered in a list from which selection for reemployment shall be made
• Separated not for a cause but as a result of reorganization – separation pay + retirement and other benefits; in lieu of separation pay, may be considered for employment (Proclamation No. 3)