5/3/2023 0 Comments Isubtitle netMayor San Pedro’s approval was then referred to the Civil Service Commission-National Capital Region for appropriate action. 21 This recommendation was approved by Mayor San Pedro. 3, Series of 2001 on the three- salary-grade rule, 20 the Grievance Committee recommended the invalidation of Dela Cruz’s permanent appointment as City Government Department Head III. 19įinding that Dela Cruz’s promotion violated Civil Service Commission Memorandum Circular No. Mayor San Pedro referred Abad’s letter-complaint to the City Government of Muntinlupa’s Personnel Department. Thus, on September 25, 2007, Abad filed with the Mayor’s Office the letter-complaint 18 reiterating his request for disapproval of Dela Cruz’s permanent appointment as City Government Department Head III. The City Government of Muntinlupa, therefore, failed to act on Abad’s Letter. On August 3, 2007, the main building of Muntinlupa City Hall was gutted by fire, destroying the Office of the City Personnel. ![]() In the meantime, newly elected Mayor Aldrin San Pedro (Mayor San Pedro) assumed his office in the City Government of Muntinlupa on July 1, 2007. In the letter 16 dated January 26, 2007, the Civil Service Commission referred Abad’s letter to the City Government of Muntinlupa’s grievance machinery for proper action. 14 This provides:ġ0.For vacancies in the first and second levels, all qualified next-in-rank employees shall be automatically considered candidates for promotion to the next higher position.Īccording to Abad, the appointment of Dela Cruz caused "demoralization within ranks." 15 However, he and three (3) other qualified applicants were allegedly excluded from the selection process, in violation of Item 10 of Civil Service Commission Memorandum Circular No. An employee may be promoted or transferred to a position which is not more than three (3) salary, pay or job grades higher than the employee’s present position except in very meritorious cases, such as: if the vacant position is next-in- rank as identified in the System of Ranking Positions (SRP) approved by the head of agency, or the lone or entrance position indicated in the agency staffing pattern.Ībad added that being a qualified next-in-rank, he applied for the position of City Government Department Head III. 3, Series of 2001, which prohibits the promotion of an employee to a position more than three (3) salary grades above his or her former position: 13ġ5. 12 According to Abad, Dela Cruz’s appointment violated Item 15 of Civil Service Commission Memorandum Circular No. 11 Abad alleged that the position of City Government Department Head III corresponded to Salary Grade 27, nine (9) salary grades higher than Dela Cruz’s former position as Local Assessment Operations Officer III with Salary Grade 18. Abad (Abad), Local Assessment Operations Officer V in the Office of the City Assessor, wrote the Civil Service Commission and requested the disapproval of Dela Cruz’s appointment as City Government Department Head III. 02-1235 granting the City Government of Muntinlupa the power to take final action on its appointments, the appointment of Dela Cruz was considered attested to by the Civil Service Commission. Pursuant to Civil Service Commission Resolution No. 06-361, 8 majority of the members of the Sangguniang Panlungsod of the City Government of Muntinlupa concurred in the appointment of Dela Cruz as City Government Department Head III. 6 The City Assessor is given the item of City Government Department Head III. Fresnedi appointed Herminio Dela Cruz (Dela Cruz) as City Assessor 5 of the City Government of Muntinlupa in a permanent capacity on December 28, 2006. This Resolution affirmed the permanent appointment of Herminio Dela Cruz as City Government Department Head III. The Court of Appeals affirmed the Civil Service Commission Resolution 3 dated June 22, 2010. This resolves the Petition for Review on Certiorari 1 filed by Angel Abad assailing the Court of Appeals Decision 2 dated April 11, 2012. Seniority and salary grades should be given their due weight but should not trump the public interest. While those who are next in rank to a vacant position may be given some preference, no one has a vested right to a government position. ![]() Both the Constitution and law ensure that those appointed are fit for the position. ![]() Appointments in the civil service are made fundamentally on the basis of merit.
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