This is inspired by the post of Ma’am Nicole Mendoza who is worried about the 11 months delay on the release of her appointment.
Good day mga teachers, hindi ko po maintindihan kung bakit ang tagal ilabas ng appointment ko last june 2017 pa ako nagturo pero hanggang ngayon wala pa rin daw sabi ng liason officer namin. Talaga bang ganun katagal yun? San po ba ako pwedeng mag follow up?Nicole Mendoza
There are two possible scenarios that may cause the delay of CSC attestation:
1) In case the appointee received his/her appointment without the CSC attestation:
As far as the appointment is concerned, it is already effective. Section 1, Rule IV (Effectivity of Appointment), Revised Omnibus Rules on Appointments and Other Personnel Action (CSC MC No. 40, s. 1998), provides that:
“Section 1. An appointment issued in accordance with pertinent laws and rules shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitled to receive his salary at once without waiting for the approval of his appointment by the Commission. The appointment shall remain effective until disapproved by the Commission. In no case shall an appointment take effect earlier than the date of its issuance.”
As per above-cited, an appointment remains effective until disapproved by the Commission.
Now, what happens if an error has been committed in the SDO and such appointment and/or Report on Appointments Issued (RAI) is not submitted to the Commission for approval/invalidation, as in the case presented by one of our members where it was mentioned that she has been ordered to teach since June 2017 yet she has not received her appointment until now.
Item 8, A, CSC MC 25, s. 2014 (Recording of Services Rendered in the Government; Amendment to CSC Resolution No. 062179 dated December 6, 2006), which reads, as follows:
“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.”
The afore-cited policy clearly states that delay in the submission of the Appointment or RAI will not have an adverse effect on the appointment of an appointee. In such case, however, the date of his/her appointment shall be retained and the responsible official/s who caused such delay could be administratively charged for neglect of duty.
2) In case the appointee never received the subject appointment:
If the appointment was not received by the appointee, said appointment will not take effect and is not consummated. This is laid down in Section 4, Rule IV, CSC MC 40, 1998, which reads, as follows:
“Section 4. No official or employee shall be required to assume duty without being furnished with a copy of his appointment after it is issued by the appointing authority. The appointee shall acknowledge receipt of the appointment by signing on the duplicate and other copies of said appointment.”
The CSC attestation in our appointment is our guarantee that we are legitimate government employees. And that our appointment is based on merit and fitness, in accordance with existing qualification standards, and existing civil service laws, rules, and regulations. It is unusual to wait for almost a year to receive a copy of a valid appointment. Hence, it would be helpful to forward your concerns to your respective CSC Field Offices if you have the same problems on your appointments.