Amendment of the Rules on Filing of Motion for Reconsideration in Dropping from the Rolls Cases

August 24, 2010 BIR MEMORANDUM TO : All Revenue Officials and Employees Concerned SUBJECT : Amendment of the Rules on Filing of Motion for Reconsideration in Dropping from the Rolls Cases For the information and guidance of all concerned, please disseminate in all Bureau Offices the attached copy of Memorandum dated August 5, 2010 signed by DOF Director Lourdes Z. Santiago together with its attachment relative to the above-mentioned subject matter. You are enjoined to post the copy of this issuance in your Office Bulletin Board, or in a conspicuous place within your Office, to ensure that it shall be given the most extensive publicity possible. (SGD.) CELIA C. KING Deputy Commissioner Resource Management Group ATTACHMENTS Republic of the Philippines DEPARTMENT OF FINANCE Roxas Boulevard Corner Pablo Ocampo, Sr. Street Manila 1004 August 5, 2010 Memo for : Heads of Offices This Department Heads of Bureaus/Attached Agencies Department of Finance From : Director Lourdes Z. Santiago Subject : Amendment of the Rules on Filing of Motion for Reconsideration in Dropping from the Rolls Cases Attached for information and guidance is a copy of Memorandum Circular No. 12, s. 2010 dated 07 July 2010 of the Civil Service Commission on the above-captioned subject. DaScCH (SGD.) LOURDES Z. SANTIAGO Director IV Central Administration Office Republic of the Philippines Civil Service Commission Constitution Hills, Batasang Pambansa Complex, Diliman 1126 Quezon City CSC MEMORANDUM CIRCULAR NO. 012-10 TO : All Heads of Departments, Bureaus and Agencies of the National and Local Governments, Including Government-Owned and/or Controlled Corporations and State Universities and Colleges SUBJECT : Amendment of the Rules on Filing of Motion for Reconsideration in Dropping from the Rolls Cases Pursuant to CSC Resolution No. 10-0900 dated May 5, 2010, the Commission has amended Section 2, Rule XII of CSC Resolution No. 98-3143 as amended by CSC Resolution No. 99-1907, otherwise known as "Revised Omnibus Rules on Appointments and Other Personnel Actions" and added the following provision: "2.4.a. An officer or employee who was dropped from the rolls by reason of his/her Absence Without Approved Leave (AWOL) or unsatisfactory or poor performance or mental and/or physical incapacity may move for the reconsideration of the decision separating him/her from the service within fifteen (15) days from receipt thereof;" This Memorandum Circular shall take effect fifteen (15) days after the publication of CSC Resolution No. 10-0900 in a newspaper of general circulation. (SGD.) FRANCISCO T. DUQUE III, MD, MSc Chairman July 7, 2010 CSC RESOLUTION NO. 100900 Re : Rules on Filing of Motion for Reconsideration in Dropping from the Rolls Cases WHEREAS, Section 6, Rule IX-A of the 1987 Constitution specifically provides that "[E]ach Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights." aEHASI WHEREAS, pursuant to its rule-making power, the Commission issued Section 2, Rule XII of CSC Resolution No. 98-3143 dated December 14, 1998 as amended by CSC Resolution No. 99-1907 dated August 27, 1999 otherwise known as the "Revised Omnibus Rules on Appointments and Other Personnel Actions," which governs the procedure on dropping from the rolls, and CSC Resolution No. 07-0631 dated April 10, 2007 which added an additional circumstance when an official or employee may be dropped from the rolls without prior notice; WHEREAS, CSC Resolution No. 98-3143 and CSC Resolution No. 99-1907 were circularized through CSC Memorandum Circular No. 40, s. 1998 dated December 14, 1998 and CSC Memorandum Circular No. 15, s. 1999 dated August 27, 1999, respectively; WHEREAS, the policy on dropping from the rolls does not provide for the remedy of the employee concerned to move for the reconsideration of the decision dropping him/her from the roll of employees; WHEREAS, the Commission finds the need to clarify that an employee who was dropped from the rolls may move for the reconsideration of the same; WHEREFORE, Section 2, Rule XII of CSC Resolution No. 98-3143 as amended by CSC Resolution No. 99-1907, otherwise known as "Revised Omnibus Rules on Appointments and Other Personnel Actions," shall be amended, as follows: "2.4.a. An officer or employee who was dropped from the rolls by reason of his/her Absence Without Approved Leave (AWOL) or unsatisfactory or poor performance or mental and/or physical incapacity may move for the reconsideration of the decision separating him/her from the service within fifteen (15) days from receipt thereof; xxx xxx xxx" This amendment shall take effect fifteen (15) days after its publication in a newspaper of general circulation. Quezon City, May 5, 2010. ADScCE (SGD.) FRANCISCO T. DUQUE III Chairman (SGD.) CESAR D. BUENAFLOR Commissioner (SGD.) MARY ANN Z. FERNANDEZ-MENDOZA Commissioner Attested by: (SGD.) DOLORES B. BONIFACIO Director IV Commission Secretariat and Liaison Office Published in The Manila Times on June 22, 2010.