Beruflich Dokumente
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Under the 2017 Omnibus Rules on Appointments and Other Human Resource
Actions (OHAOHRA), reassignment is presumed to be regular and made in the
interest or exigency of public service unless proven otherwise or if it constitutes
constructive dismissal.
The doctrine relevant and applicable to the instant case is the ruling of the
Supreme Court in the case of Commissioner of Internal Revenue vs. CSC et. al.
(G.R. No. 94-205 dated February 11, 1992), which states as follows:
"Respondent Commission has accordingly ruled that the reassignment of
private respondent to another station or place of assignment should not result
in his deprivation of the RATA to which she is entitled under the law, since she
remains to be a chief of a division despite her reassignment. On petitioner's
contention that RATA should be allowed if private respondent was performing
the duties of her former office, the CSC correctly explained that private
respondent was reassigned to another office and thus, her inability to perform
the functions of her position is beyond her control and not of her own
violation."
This Commission, on the basis of the said decision, has already ruled in a
number of cases that RATA is attached to the position. Notable among these
cases, is that of CSC Resolution No. 92-1172, as cited in CSC Resolution No.
95-2152 dated March 23, 1995, which provided as follows: " x x x it is therefore
settled that when an official or employees is entitled to RATA by virtue of the
nature of his position, he shall likewise, be entitled to RATA whenever he is
reassigned to another station or place of assignment, irrespective of whether or
not he performs a nonsupervisory function in the new assignment. x x x "
Likewise, in CSC Resolution No. 93-5587, also quoted in the said 1995
Resolution, the Commission ruled as follows: " x x x RATA is attached to the
position and not to the person. It is a right arising out of the employee's
appointment as a Division Chief (sic). x x x"