Civil Service Commission Decision No. 14-0093 Promulgated on February 12, 2014 of Jose Mariano Constantino C. Gonzalez Re: Disapproved Appointment (Petition for Review)

March 6, 2014 BLGF MEMORANDUM CIRCULAR NO. 008-14 TO : All Central and Regional Directors of This Bureau and All Others Concerned SUBJECT : Civil Service Commission Decision No. 14-0093 Promulgated on February 12, 2014 of Jose Mariano Constantino C. Gonzalez Re: Disapproved Appointment (Petition for Review) For the information and guidance of all concerned, attached is a copy of Decision No. 14-0093 promulgated on February 12, 2014 by the Civil Service Commission , regarding the above-mentioned subject. The Central and Regional Directors of this Bureau are hereby instructed to take note of the above Memorandum and disseminate the contents thereof to the Bureau staff and others concerned. (SGD.) SALVADOR M. DEL CASTILLO OIC-Executive Director ATTACHMENT Civil Service Commission GONZALES, Jose Mariano Constantino C. Re: Disapproved Appointment (Petition for Review) Notice of Decision Sir/Madam : The Commission promulgated on February 12, 2014 Decision No. 14-0093 on the above-cited case, copy attached. Its original is on file with this Commission. February 14, 2014. acCTSE Very truly yours, (SGD.) DOLORES B. BONIFACIO Director IV Commission Secretariat and Liaison Office GONZALEZ, Jose Mariano Constantino C. Number: 140093 Re: Disapproved Appointment (Petition for Review) Promulgated: 12 FEB. 2014 Decision Secretary Cesar V. Purisima, Department of Finance, files a Motion for Reconsideration (treated as petition for review) from the Letter dated July 10, 2013 of the Civil Service Commission-National Capital Region (CSC-NCR), Quezon City, disapproving the permanent (transfer) appointment of Atty. Jose Mariano Constantino C. Gonzalez as City Treasurer, City Government of General Santos, on the ground that he failed to meet the five (5) years of treasury or accounting service experience prescribed under the Local Government Code of 1991. The pertinent portions of the Letter dated July 10, 2013 read, as follows: "A comparative evaluation of the qualifications of Atty. Gonzalez as indicated in his submitted Personal Data Sheet (PDS) accomplished on March 8, 2012 vis--vis the qualification standards for City Treasurer (SG 26) shows that he does not meet the experience requirement for the said position considering that he has only three (3) years and nine (9) months relevant experience in his favour. This, therefore, does not qualify him for the issuance of a permanent appointment pursuant to Section 27, Chapter 5, Title I, Subtitle A, Book V of Executive Order No. 292 (Administrative Code of 1987) , . . . . "In view thereof, the permanent (transfer) appointment of Atty. Gonzalez as City Treasurer (SG 26) at the City Government of General Santos issued on June 17, 2013 is hereby DISAPPROVED." In his petition for review, Secretary Purisima represented, as follows: "We respectfully submit that Gonzalez meets the said requirement of five (5) years experience in treasury or accounting service. In this connection, Atty. Gonzalez' relevant work experience, as indicated in his Personal Data Sheet, is reproduced in the table below: cETDIA Position Title Office/Company Inclusive Number of Dates Months External Carlos P. Valdez December 5 Auditor & Co. 1986-April 1987 External Torres & Co. May 1987- 6 Auditor October 1987 Internal Victoria Group of December 30 Auditor Companies 1987- May 1990 Accountant DOLE-USAID August 10 Projects 1990- May 1991 City LGU-General July 2010- 36 1 Administrator Santos City present Total: 87 === xxx xxx xxx "Thus, Atty. Gonzalez has a total of eighty seven (87) months experience in treasury or accounting service, or an equivalent of seven (7) years and three (3) months for appointment as the City Treasurer of General Santos City." Records show that on June 17, 2013, Secretary Cesar V. Purisima appointed Atty. Gonzalez as City Treasurer of the City Government of General Santos. On July 10, 2013, the appointment was disapproved by the Civil Service Commission-National Capital Region (CSC-NCR) on the ground that Atty. Gonzalez failed to meet the required five (5) years of treasury or accounting service experience prescribed under the Local Government Code (LGC). In a letter dated August 7, 2013, Secretary Purisima moved for its reconsideration. On December 2, 2013, the CSC-NCR forwarded the motion for reconsideration to the Commission pursuant to Section 78, Section 16 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS). For resolution is the issue of whether the CSC-NCR correctly disapproved the subject permanent appointment of Atty. Gonzalez. After an evaluation of the records of the case, the Commission finds the disapproval of Atty. Gonzalez' appointment in order considering that he failed to meet the experience required of the position. The following are the Qualification Standards pursuant to Section 470 (c), Article II, Title V, Chapter III, Book III of the LGC vis--vis the qualifications of Atty. Gonzalez, to wit: IcSEAH Criteria Qualification Standards Qualifications of Atty. for City Treasurer Gonzalez (PDS dated prescribed in the March 6, 2013) Government Code Education: Bachelor's degree preferably Bachelor in Accountancy in Commerce, Public Bachelor of Laws Administration or Law Experience Five (5) years of experience Three (3) years and nine in treasury or accounting (9) months service Training None Eligibility First grade or its equivalent Republic Act No. 1080 (Lawyer) Other 1) Filipino citizen Satisfied 2) Good moral character 3) Resident of the Local Government Unit concerned. Based on the foregoing, it is clear that Atty. Gonzalez does not possess the required experience. Thus, the CSC-NCR correctly disapproved his appointment. In his motion for reconsideration, Secretary Purisima contends that Atty. Gonzalez' work experience in the private sector as External Auditor, Internal Auditor and Accountant totalling fifty one (51) months, and his experience as City Administrator for thirty six (36) months will give him a total of eighty seven (87) months experience in treasury or accounting service, or an equivalent of seven (7) years and three (3) months sufficient for permanent appointment as City Treasurer of the City Government of General Santos. The contention is untenable. While there is no question as to the functional relevance of Atty. Gonzalez' experience in the government as the City Administrator for three (3) years and nine (9) months as determined by the CSC-NCR, however, his work experience in the private sector cannot be taken ipso facto as functionally relevant position of City Treasurer on a mere representation. Under Item 1, Part III (On Experience) of CSC Resolution No. 03-0962 dated September 12, 2003 (Revised Policies on Qualifications Standards) as circularize through CSC Memorandum Circular No. 12, s. 2003 to establish the functional relevance of Atty. Gonzalez' work experience from the private and public sectors, the representation that the functions that he performed as External Auditor, Internal Auditor, and Accountant must be substantiated by certifications of authorized officials of his previous employers. Pertinently: "1. Relevant experience refers to previous employment or jobs or volunteer work on a full time basis in either the government or private sector, whose duties, as certified by the Human Resource Management Officer or authorized officials of the previous employer, are functionally related to the duties in the Position Description Form of the position to be filled. " (emphasis provided) ESHAcI In the case at bar, not only is the employment per se of Atty. Gonzalez as External Auditor, Internal Auditor and Accountant in the different offices in the private sector a mere representation, therefore, self-serving. More importantly, no evidence was submitted to show the functional relevance of said experience to that required under the LGC. The importance for such determination cannot be overemphasized inasmuch as the position he was appointed to is a department head position in a local government unit and not just a mere office. WHEREFORE, the petition for review of Secretary Cesar V. Purisima, Department of Finance, is hereby DISMISSED. Accordingly, the letter dated July 10, 2013 by the Civil Service Commission-National Capital Region (CSC-NCR), Quezon City, disapproving the permanent appointment of Atty. Jose Mariano Constantino C. Gonzalez as City Treasurer, City Government General Santos on the ground that he failed to meet the five (5) years of treasury or accounting service experience prescribed under the Local Government Code, is AFFIRMED. Quezon City. (SGD.) ROBERT S. MARTINEZ Commissioner (SGD.) FRANCISCO T. DUQUE III Chairman (SGD.) NIEVES L. OSORIO Commissioner Attested by: (SGD.) DOLORES B. BONIFACIO Director IV Commission Secretariat and Liaison Office Footnotes 1. As of June 2013.