BRIONES, Oliver Paul G.

Re: Disapproved Appointment; Appeal

x----------------------------------------------x

RESOLUTION No. 02-0187

Mayor Alvin B. Garcia, Cebu City, through counsel, appeals the Decision dated December 27, 2000 of
the Civil Service Commission Regional Office (CSCRO) No. VII, Cebu City, affirming the disapproval by the
Civil Service Commission Field Office (CSCFO)-Cebu of the promotional appointment of Oliver Paul G.
Briones as Administrative Officer IV, same office. Said appointment was disapproved by the CSCFO-Cebu on
the following grounds: (1) that the publication of the vacancy of the subject position was made earlier than the
date of the retirement of the former incumbent of said position, (2) that the appointee lacks the three (3) years
relevant experience requirement to qualify for the said position and (3) Briones did not sign his Performance
Appraisal Report (PAR) for the rating period from July to December 1999.

The pertinent portions of the abovementioned Decision of CSCRO No. VII read, as follows:

“Cebu City Mayor Alvin B. Garcia appeals before the Civil Service Commission
Regional Office No. VII the action of the latter’s Cebu Field Office disapproving the
appointment of Oliver Paul G. Briones as Administrative Officer IV on permanent status.

xxx

“In a decision dated November 28, 2000, CSC Cebu Field Office still denied the motion
for reconsideration as it still found subsisting deficiencies on items one and two above.
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 “Thus, this appeal.

xxx

“As regards the experience requirement, records show that the appointee had been
previously designated to perform administrative functions per Memorandum dated Dec. 1,
1997 signed by Melchor P. Tormis, City Gov’t. Asst. Dept. Head III. As noted by CSC Field
Office, ‘the designation covered a period of less than three years from Dec. 1, 1997 to Oct.
16, 2000.’

“Hence, a Certification issued by city Councilor Rama was additionally submitted

certifying performance of alleged relevant duties since 1992. In disregarding this Certification,
CSC Field Office stated:

‘While the certification of alleged relevant experience may offset the relevant
experience requirement for the position involved, but such experience is not valid as
not covered by a designation order in accordance with CSC Resolution No. 992296.’

“In Mayor Garcia’s letter-appeal which we received on Dec. 18, 2000 he requests us
not to strictly apply CSC Res. No. 992296 for the following reasons:

‘1. CSC Resolution No. 992296 was promulgated only on October 6, 1999,
whereas Mr. Briones’ PAR was for July to June 1997, as corroborated by the
certification of Councilor Michael L. Rama to the effect that Mr. Briones was
really performing supervisory functions, which certification is presumed to be
regularly performed.

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 ‘2. CSC Resolution No. 992296, the basis of which is CSC MC# 42, series of
1998 should not be retroactively applied as this will cause great injustice to
the appointment of Mr. Briones and the denial of this appeal. It is elementary
rule of law that the same has a prospective application only and not a
retroactive application.

‘3. In several cases, the Supreme Court did not apply strictly the law, as the
same will cause great injustice to the appellant, under the principle of equity
and justice.’

“More than the specific requirement under CSC MC. 42, s. 1998 that Designation
should be covered by a duly issued Office or Memorandum Order for it to be considered as
part of relevant experience, it is a fundamental evidentiary consideration that personnel
actions (i.e. designation, detail, reassignment, secondment, etc.) should be supported by a
written order/memorandum issued by the duly authorized official concerned for it to be
credited. Oral orders are not given credit for they are inherently unreliable and serves no
record purposes at all especially from our end. To reiterate, this is a fundamental evidentiary
consideration that serves to protect primarily the employees concerned for how else can they
appeal to the Commission these personnel actions, should they happen to disagree with it, if
they are not put down in writing.

xxx

“Though the publication deficiency has been properly explained, we however affirm the
finding of CSC Cebu Field Office that the appointee is short on the three-year experience
requirement for the position of Administrative Officer IV.

“WHEREFORE, the instant appeal appeal (sic) is hereby DISMISSED for lack of merit.”
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 The pertinent portions of the appeal read, as follows:

“BRIEF STATEMENT OF FACTS

“OLIVER PAUL G. BRIONES was appointed as Administrative Officer IV (SG22/1) as

permanent at the Cebu City Medical Center, Cebu City at Php220,0008.00 per annum,
effective upon the actual date of assumption but not earlier than the date of issuance thereof,
the aforesaid appointment was DISAPPROVED for the following reasons, as follows:

‘1. Publication is earlier than the date of retirement of the former incumbent;

‘2. Previous experience is not relevant to the position involved;

‘3. PAR for July-Dec. 1999 has no signature of the Ratee.’

xxx

“GROUNDS FOR APPEAL

“1. THAT THE DECISION IS NOT SUPPORTED BY THE EVIDENCE ON RECORD;

AND

“2. ERRORS OF LAW OR IRREGULARITIES HAVE BEEN COMMITTED

PREJUDICIAL TO THE INTEREST OF THE MOVANT.

“DISCUSSIONS AND ARGUMENTS

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 x x x

“The Regional Director in his views in the appeal for lack of merit was basically based
on the fact that the appointee is short of the three-year experience requirement for the
position of Administrative Officer IV.

x x x

“As shown in the Qualification Standards, what is required is relevant experience. It

does not distinguish the source of the experience. This assertion finds support in the ruling of
the same Regional Director in his letter dated November 15, 2000, addressed to ILLYAH L.
ANCAJAS, x x x, pertinent portion thereof reads, thus;

‘It bears emphasizing that relevant experience refers to experience within

the same level of positions which enable the candidate to successfully perform
the duties and responsibilities of the position to be filled up. For it to be
considered, it need not involve directly functions, similar to or exactly the
same as those pertaining the position to which, one is proposed to be appointed.
Moreover, it may be acquired from public or private employment.’

“Decidedly, the experience of OLIVER PAUL G. BRIONES in his position as Executive

Assistant II, as enumerated hereunder:

‘1. Administrators office functions including personnel supervision.

‘2. Drafts and compare all communications, speeches, reports, resolutions and
other documents.
‘3. Entertain complaints and requests of the public.
‘4. Keep a data base filed office activities.
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 ‘5. Monitor computer software and hardware operations including new applicable
software.’

as indicated in the Performances Appraisal Report x x x which is the Service Record of Mr.
BRIONES. Certification dated November 22, 2001, issued by Hon. MICHAEL RAMA, City
Councilor, x x x; and Certification dated December 1, 1997 issued by MELCHOR P. TORMIS,
City Gov’t. Asst. Dept. Head III and noted ALVIN B. GARCIA, City Mayor, x x x.

“All told, the three-year experience requirement has been substantially meet by the
appointee-appellant.

“The provision of Sections 14 and 15 of CSC MC 15, s. 1998 are not at issue in this
case and apparently a long shot justification of the Regional Director in order to support his
baseless and warrantless disapproval of the appointment of Mr. BRIONES.

“WHEREFORE, it is most respectfully prayed of this Honorable Commission that the

disapproval of the appointment of OLIVER PAUL G. BRIONES be set aside and that the
appointment be resubmitted and approved as permanent effective upon actual assumption of
office.”(Underscoring in the original)

The minimum requirements prescribed by the 1997 Revised Qualification Standards for the position of
an Administrative Officer IV (SG-22) are, as follows:

EDUCATION : Bachelor’s degree

EXPERIENCE : 3 years of relevant experience

TRAINING : 16 hours of relevant training

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 ELIGIBILITY : Career Service (Professional)
Second Level Eligibility

Records show that on October 16, 2000, Briones was issued his promotional appointment as
Administrative Officer IV by City Mayor Alvin B. Garcia. However, on November 9, 2000 upon submission to
the Civil Service Commission Field Office (CSCFO)-Cebu, the said appointment was disapproved based on
the following: 1) the publication of the vacancy of the subject position was made earlier than the date of the
retirement of the former incumbent of said position, 2) Briones did not meet the three (3) years relevant
experience to qualify for the said item and 3) Ratee’s reason that he did not sign his Performance Appraisal
Rating (PAR), among others. The appointing authority filed his motion for reconsideration before the CSCFO-
Cebu. Said office in its Decision dated November 28, 2000 denied the said motion. A subsequent appeal was
filed to the CSCRO No. VII, however, the disapproval of the subject appointment was affirmed in its Decision
dated December 27, 2000. Hence, the instant appeal.

It is noted that the first and third grounds for the disapproval of the appointment were duly explained by
CSCRO No. VII in its assailed decision. First, the discrepancy noted in the publication of the said position
was sufficiently explained by CSCRO No. VII in its decision, the material portion of which reads:

“Records show that the vacancy has been duly published on the Dec. 16, 1999 issue
(Vol. 138-99) of CSCRO VII’s Bulletin of Vacant Positions in the Government. The
discrepancy insofar as item and resolution/ordinance numbers as was noted by the CSC Field
Office was due to the update on their Plantilla of Positions. A copy of the updated Plantilla per
Resolution and Ordinance nos. 99-2333 and 1805, respectively, has been submitted in
support of this appeal. It indicates therein that the previous item no. 643 which corresponds to
the position of Administrative Officer IV, is now item no. 625. In other words, the duly
published item no. 643 is the same position to which Mr. Briones is now appointed which is
item no. 625.”
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 Second, records show that the appointee submitted an authenticated copy of his Performance
Appraisal Report bearing his signature. Thus, the third ground becomes moot and academic.

Therefore, the sole issue to be resolved in the instant appeal is whether Briones meets the three (3)
years relevant experience requirement for him to qualify for the subject position.

Experience requirement is specifically defined in Items 1 and 2 of CSC Memorandum Circular No.
42, s. 1998 (Framework for Implementation of Policies on Qualification Standards) which read, as
follows:

“1. Relevant experience, as a requirement in the QS Manual, refers to experience within

the same level of positions which will enable the candidate to successfully perform the
duties and responsibilities of the position to be filled up.

“2. Experience may be gained in the same level of position from either the government or
private employment. x x x

“Experience acquired on the basis of designation shall not be considered for purposes
of meeting the required experience unless said designation is covered by an office or
memorandum order .” (Underscoring supplied)

Corollary to the abovequoted provisions is Item 5 (par.a) of CSC Memorandum Circular No. 23, s.
1991, which reads, as follows:

“5. Experience- refers to skills or knowledge gained or acquired in a previous employment

in a public or private organization which would enable him to perform his
job better. Experience must be relevant and material to the duties and
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 functions of the position.

“a) Relevant experience- is an appropriate knowledge/skill acquired from

previous employment which has significant closeness and functional
relationship with qualification requirements of the position to be filled
up.”(Underscoring supplied)

The abovequoted provisions succinctly provide that experience in private employment can be
considered in order for an appointee to qualify for a government position. Since Briones has previous private
employment as Assistant Operations Manager under regular status in Fil-It Trading Corporation from February
1986 to May 1992 or for a period of six (6) years and three (3) months, the same can be credited in favor of
Briones. Counting from Briones’ more than six (6) years private employment in a supervisory and managerial
position and his government employment as Executive Assistant I (permanent status) from December 1, 1997
to October 15, 2000 (since his promotional appointment was issued on October 16, 2000) or for a period of
more than two (2) years, the appointee earned more than eight (8) years of relevant experience. As such, it is
apparent that Briones more than meets the three (3) years relevant experience requirement to qualify for the
subject position.

Lastly, the duties and functions of his private employment as Assistant Operations Manager and his
previous appointment as Executive Assistant I are proximately and functionally related to that of the
Administrative Officer IV position to which Briones has been appointed. In the case of Ingrid M. Dalisay, et
al., CSC Resolution No. 01-0243 dated January 24, 2001, the Commission ruled, as follows:

“x x x. Clearly, the knowledge and skills acquired by Dalisay Yuson and Sy in their
former positions are functionally related to the skills necessary for their present positions as
Division Chief III in the Loans Division, Investment Accounts Management Division and in the
Administrative Division, respectively.”

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 Considering that Briones had already acquired the relevant experience requirement to the position of
an Administrative Officer IV, the disapproval of the said appointment by the Civil Service Commission Cebu
Field Office is set aside.

WHEREFORE, the instant appeal of City Mayor Alvin B. Garcia is hereby GRANTED. Accordingly,
the appointment of Oliver Paul G. Briones as Administrative Officer IV effective October 16, 2000 is approved.

CSCRO No. VII, through its Cebu Field Office, is hereby directed to approve the subject appointment
in accordance with this Resolution and reflect such approval in the service card of the appointee.

Quezon City, February 6, 2002

(Signed)
JOSE F. ERESTAIN, JR.
Commissioner

(Signed)
KARINA CONSTANTINO-DAVID
Chairman

(Signed)
J. WALDEMAR V. VALMORES
Commissioner

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 Attested by:

(Signed)
ARIEL G. RONQUILLO
Director III
CPS/AGR/pvp/cm04-2002
FPG/KPZ/X2/Y12/vog/volt46
Briones
NDC 01-0359

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