John Mark E.

Sumando

Administrative Law Executive Class

Personnel Action I. Personnel action amounting to illegal removal. Extending temporary appointment Extending a temporary appointment to a permanently appointed employee to another position cannot be used to oust an incumbent. While an acting appointment is merely temporary and revocable at the pleasure of the appointing power, this temporary appointment cannot be used by the appointing authority as a justification in order to evade the security of tenure principle in the Constitution and the Civil Service Law. (Gayatao v. Civil Service Commission, 210 SCRA 183, 1992) Transfer or re-assignment The law authorizes the re-assignment of an employee from one organizational unit to another in the same agency, provided that it shall not involve a reduction in rank, status and salary. (Fernandez v. Sto. Tomas, 59 SCAD 488, 1995). Detail A temporary detail is neither removal, suspension or transfer when made in the interest of public service and absent a showing of manifest abuse of discretion or that the detail is due to some improper motive or purpose. In case of doubt, the order detailing an employee is presumed to be in good faith. (Borres v. Canonoy, 108 SCRA 190, 1981). Shortening term is removal A law or ordinance shortening the term of office of such public officer or employee, when at the time of his appointment, he knew we would hold office during good behavior is in violation of the constitutional provision that no officer or employee in the civil service may be removed or suspended except for cause as provided by law. (Tapales v. President of U.P., 7 SCRA 553, 1963). Control does not extend to removal The power of control of the President over all officers and employees of the executive department refers to the power to alter, modify or nullify or set aside what a subordinate officer has done in the performance of his duties and to substitute the judgment of the former to the latter. The power merely applies to the exercise of control over the acts of the subordinate and not over the actor or agent himself of the act. (Ang-Angco v. Castillo, 9 SCRA 619, 1963) Demotion Demotion is defined as the movement from one position to another involving the issuance of an appointment with diminution in duties, responsibilities, status or rank which may or may or may not involve reduction in salary. (Padolina v. Fernandez, 135 SCRA 563, 342 SCRA 442, 2000)

Denial of optional retirement and refusal to e-instate If the application for optional retirement is denied, the official is entitled to reinstatement with backwages. If the head wishes to dismiss the official on the cited ground, the latter should first be allowed to return back to his position so that he may avail of the opportunity to refute the charges imputed to him. (Commission on Human Rights v. Civil Service Commission, 227 SCRA 42, 1993) Acceptance of temporary appointment or assignment as waiver of security of tenure The general rule is that when an officer or employee permanently appointed in a position accepts a temporary appointment in another position without reservation or upon his own volition in exchange for his permanent position, he is effectively divested of security of tenure, for he abandons his permanent position. (Palmera v. Civil Service Commission, 54 SCAD 173, 1994)

References Textbooks Agpalo, R.E., Administrative Law, Law on Public Officers and Election Law, 2005 Edition. Nachura, A.B., Outline Reviewer in Political Law, 2002 Edition.