Republic of the Philippines
Civil Service Commission
Civil Service Commission - BARMM
Regional Office
BARMM Compound, Cotabato City
IN RE: DISAPPROVAL OF APPOINTMENT
JAWHARA K. ALI
Appellant
X----------------------------------------------------------X
APPEAL MEMORANDUM
COMES NOW, appellant, JAWHARA K. ALI, unto this
Honorable Office, hereby submits her APPEAL MEMORANDUM
seeking for the reversal on the disapproval of her appointment for the
position of Chief Accountant, SG 24, at the Ministry of Environment,
Natural Resources and Energy (MENRE-BARMM), and in support
hereof, alleges and avers that:
TIMELINESS
On 28 December 2020, appellant personally received the copy 1
of her disapproved appointment for the position of Chief Accountant,
SG 24, at the Ministry of Environment, Natural Resources and Energy
by the OIC Director III of Civil Service Commission Autonomous
Region in Muslim Mindanao Field Office – Cotabato City (CSC-
ARMM FO), DOMINADOR E. GONZALERS, JR.
STATEMENT OF FACTS
Appellant applied for the position of Chief Accountant, SG 24,
at the Ministry of Environment, Natural Resources and Energy-
BARMM.
In her application, she submitted a Personal Data Sheet (PDS)
duly accomplished and signed on May 21, 2020.
She was fortunate to get the position and was appointed as
such on August 3, 2020 under permanent status.
However, on December 15, 2020, the Civil Service Commission
Autonomous Region in Muslim Mindanao Field Office – Cotabato City
1
Attached herewith as an integral part of this Appeal Memorandum, marked as Annex “A”.
Page 1 of 9
disapproved her appointment on the ground that she have not met
the four (4) years supervisory/managerial experience required for the
said position.
The said position requires four (4) years of
supervisory/management experience.
As stated in her PDS and Work Experience Sheet, she certified
that she had supervisory or management experience from January 1,
2016 to present.
Hence, this Appeal Memorandum.
GROUNDS:
a.) There are evidence to prove and support that the
appellant’s previous work experience are “functionally
related” to a supervisory/management work experience.
b.) A supervisor shall be one who plans, programs, delegates
tasks and evaluates performance of employees; monitors
work outputs; maintains morale and discipline among
employees; coordinates and cooperates with other
organizational units within the department or agency. 2
c.) In Civil Service Commission Resolution No. 97-0191 dated
January 9, 1997, it ruled thus:
“A careful evaluation of the qualification of Josue reveals
that he meets the education, training and eligibility
requirements of the position. Considering that Josue has
already in his favor three (3) years and eight (8) months
experience as Senior Inspector up to the present, he has
substantially satisfied the four (4) years experience required
for the appointment as Chief Inspector.”
DISCUSSIONS AND ARGUMENTS:
A.) There are evidence to prove and support that the appellant’s
previous work experience are “functionally related” to a
supervisory/management work experience.
2
CSC Resolution No. 1100472 – Policies on Executive/Managerial; Positions in the Second Level
Page 2 of 9
Appellant would like to present her Work Experience Sheet3
duly accomplished and signed on August 24, 2020, for your guidance
and reference, to wit:
On January 1, 2016 to December 31, 2016, appellant was hired
by a private non-governmental organization, Mindanao Organization
for Social and Economic Progress Inc. (MOSEP). Appellant was hired
for the position of Chief Finance Officer. Taking a look on her
summary of actual duties it thus pertains to duties functionally related
to a supervisory/management work experience, to wit:
1. Responsible for the Management of Budget and Accounting
Division
2. Provides assistance in the management of the programs and
activities
3. Responsible for the management of funds from International
NGO partners
4. Certifying the correctness of Financial Accountability Reports
and Financial Statements of the Office
5. Certifying the correctness of the Financial Reports of numerous
subcontractors
6. Supervising the correctness and completeness and
appropriateness of disbursement vouchers and its supporting
documents
7. Close monitoring and coordination with the head of Finance
Division of International and local non-government offices
The fact that appellant was still a 4 th year Accountancy Student
when hired on January 1, 2016 is of no moment, because MOSEP is
a private entity wherein it has its own qualification standards (QS)
distinct from the public sector. More importantly, it has the sole
discretion or managerial prerogative in choosing its employees to be
hired. So whether appellant was qualified for the said position or not,
the Civil Service Commission, could not dwell on it. Meanwhile, the
fact that appellant gained the supervisory experience from MOSEP,
that’s all that matters.
Assuming arguendo for the sake of argument that appellant’s
work experience during the time when she was still an Accountancy
Student (January 1, 2020 – April 2, 2020) will not be counted or
credited. Still thereafter, she continued to gain supervisory
experience up to this present that would meet the required four (4)
years supervisory work experience.
3
Attached herewith as an integral part of this Appeal Memorandum, marked as Annex “B”.
Page 3 of 9
Corollary to the above 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
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.”
The abovequoted provisions succinctly provide that experience
in private employment can be considered in order for an
appointee to qualify for a government position 4. Thus, the one (1)
year supervisory/managerial experience gained by the appellant in
MOSEP should be considered accordingly or taken into account.
Further, experience refers to the previous jobs in either the
government or private sector, whether full-time or part-time, which
as certified by the Human Resource Management or authorized
officials of the previous employer, are functionally related to the
duties in the PDF of the position to be filled.5
Hence, appellant hereby attaches the following documents in
order to bolster the fact that she was hired by MOSEP and that she
gained the one (1) supervisory experience from it:
a.) Contract of Service – marked as Annex “C”
b.) Job Description – marked as Annex “D”
c.) Certification from the Administrative Officer or authorized
official of MOSEP – marked as Annex “E”
On January 1, 2017 to May 15, 2018, appellant was a Budget
Analyst I in the former Regional Budget and Management Office –
Autonomous Region in Muslim Mindanao. Hereunder are her actual
duties she performed therein:
1. Certifying the correctness of Local Fund Budget Accountability
Reports and Work and Financial Plan prepared by the head of
Budget Division of ten government agencies
4
CSC Resolution No. 02-0187 – Briones, Oliver Paul G. re: Disapproved Appointment; Appeal
5
Section 56, Part III, Rule VIII of ORAOHRA
Page 4 of 9
2. Responsible for the Management of allocation of ten
government agencies in ARMM
3. Provides assistance in the management of the programs and
activities of government agencies in ARMM
4. Close monitoring and coordination with the head of Budget
Division of government agencies in ARMM
In addition, appellant has a direct supervision to two (2)
employees with a position of Budget Assistant and Budget Aide,
respectively. The above duties are clearly functions related to a
supervisory one.
On May 16, 2018 to September 1, 2019, she was hired at the
Ministry of Environment, Natural Resources and Energy – BARMM,
as Administrative Officer I under the Budget Division. Though, her
position title on a first look does not pertains to a supervisory work, it
appears however after taking a closer look that appellant was
performing a supervisory work of a Budget Officer with the
following duties:
1. Administering the preparation of Ministry’s Budget Proposal
2. Responsible for the Management of allocation of both Region and five
Provincial offices of the Ministry
3. Supervising the preparation of Local Fund Budget Accountability Reports
and other reports needed by the Regional Budget and Management Office
4. Supervising the preparation of Financial Accountability Reports and other
reports needed by the Office of the Regional Governor
5. Certifying the correctness of Obligation and Request Status and its
appropriateness
In addition, appellant has a direct supervision6 to four (4) employees with a
position of Administrative Aide/Budget Officer Aide. The above duties are clearly
functions related to a supervisory one.
Further, during her stint as Administrative Officer I/Budget
Officer, she was designated as the Acting Regional Budget Officer7
of MENRE-BARMM on August 2, 2018 to September 9, 2018 with the
following actual duties:
1. Responsible for the Management of Budget Division
2. Responsible for the Management of allocation of both Region
and five Provincial offices of the Ministry
6
Attached herewith as an integral part of this Appeal Memorandum, marked as Annex “I”
7
Regional Special Order No. 21, s. 2018, dated April 13, 2018, attached herewith and marked as Annex “F“
Page 5 of 9
3. Supervising the correctness, completeness and
appropriateness of Obligation and Request Status and its
supporting documents
4. Supervising the preparation of Local Fund Budget
Accountability Reports and other reports needed by the
Regional Budget and Management Office
5. Supervising the preparation of Financial Accountability Reports
and other reports needed by the Office of the Regional
Governor
Finally, on September 2, 2019 to August 2, 2020, she was
further designated as Acting Regional Accountant8 of MENRE-
BARMM with the following actual duties:
1. Responsible for the Management of Budget and Accounting
Division
2. Provides assistance in the management of the Ministry’s
programs and activities affecting Regional and Provincial
offices
3. Responsible for the Management of allocation of both Region
and five Provincial offices of the Ministry
4. Certifying the correctness of Financial Accountability Reports
and Financial Statements of the region
5. Reviewing the Financial Reports of five provincial offices of the
Ministry
6. Supervising the compliance to memorandum order and notice
of State Auditor IV of Commission On Audit
7. Supervising the correctness, completeness and
appropriateness of disbursement vouchers and its supporting
documents
8. Supporting the preparation of Budget Execution Documents
and other reports needed by Ministry of Finance, Budget and
Management
9. Certifying the correctness of List of Actual Retirees to be paid
Currently, she is continuously acquiring supervisory/managerial
experience as Chief Accountant of MENRE-BARMM from August 3,
2020.
It is worthy to mention that her designated duties are
accompanied with a Memorandum/Regional Special Order, which is
8
Regional Special Order No. 9, s. 2019, dated August 30, 2019, attached herewith and marked as
Annex “G“
Page 6 of 9
hereby attached, in order to satisfy the legal requirement in crediting
such as a supervisory experience in appellant’s favor, pursuant to
Section 60, Part III, Rule VIII of the 2017 Omnibus Rules on
Appointments and Other Human Resource Actions (ORAOHRA).
In view of the above, it appears that appellant has
gained/acquired more than four (4) years of supervisory work
experience from her previous employment, and therefore met the
minimum supervisory experience required of appellant for the position
of Chief Accountant in MENRE-BARMM.
B.) A supervisor shall be one who plans, programs, delegates
tasks and evaluates performance of employees; monitors work
outputs; maintains morale and discipline among employees;
coordinates and cooperates with other organizational units
within the department or agency.
Scrutinizing the foregoing duties of the appellants from her
previous employment it appears therein that all fits very well to the
definition of a supervisor pursuant to CSC Resolution No. 1100472 –
Policies on Executive/Managerial; Positions in the Second Level.
Further, we hereby attach the Position Description Form9 of the
Chief Accountant Position of MENRE-BARMM, to show the
significant closeness and functional relationship of the previous
experience and that of the qualification requirements of the position to
be filled up.
Again, we reiterate that experience refers to the previous jobs
in either the government or private sector, whether full-time or part-
time, which as certified by the Human Resource Management or
authorized officials of the previous employer, are functionally
related to the duties in the PDF of the position to be filled.10
On another note: “It is elementary in the law of public officers
that the power to appoint is in essence discretionary on the part of the
proper authority. In Salles vs. Francisco, et al., we had occasion to
rule that, in the appointment or promotion of employees, the
appointing authority considers not only their civil service eligibilities
but also their performance, education, work experience, trainings and
seminars attended, agency examinations and seniority.
Consequently, the appointing authority has the right of choice which
he may exercise freely according to his best judgment, deciding for
himself who is best qualified among those who have the necessary
9
Attached herewith as an integral part of this Appeal Memorandum, marked as Annex “H”
10
Section 56, Part III, Rule VIII of ORAOHRA
Page 7 of 9
qualifications and eligibilities. The final choice of the appointing
authority should be respected and left undisturbed. x x x
In the appointment of division chiefs, as in this case, the power
to appoint rests on the head of the department. Sufficient if not
plenary discretion should be granted to those entrusted with the
responsibility of administering the offices concerned. They are in a
position to determine who can best fulfill the functions of the office
vacated. Not only is the appointing authority the officer primarily
responsible for the administration of the office, he is also in the best
position to determine who among the prospective appointees can
efficiently discharge the functions of the position. ”11
In this regard, we submit that the appointing authority deemed it
fit that the appellant possesses all the requirements needed that a
Chief Accountant should possess in order to fully administer
efficiently all the financial transactions and operations that the Office
have and will have.
C.) In Civil Service Commission Resolution No. 97-0191 dated
January 9, 1997, it ruled thus:
“A careful evaluation of the qualification of Josue
reveals that he meets the education, training and eligibility
requirements of the position. Considering that Josue has
already in his favor three (3) years and eight (8) months
experience as Senior Inspector up to the present, he has
substantially satisfied the four (4) years experience
required for the appointment as Chief Inspector.”
But even assuming for the sake of argument that appellant
failed to meet the experience requirement to qualify for the contested
position, is it not the CSC itself has, on several occasions allowed the
appointment of personnel who were initially lacking in experience but
subsequently obtained the same.
In Civil Service Commission Resolution No. 97-0191 dated
January 9, 1997, it ruled thus:
“A careful evaluation of the qualification of Josue reveals
that he meets the education, training and eligibility
requirements of the position. Considering that Josue has
already in his favor three (3) years and eight (8) months
experience as Senior Inspector up to the present, he has
11
Civil Service Commission v. Saturnino De la Cruz, GR No. 158737, August 31, 2004
Page 8 of 9
substantially satisfied the four (4) years experience required for
the appointment as Chief Inspector.”12
Following the CSC’s line of reasoning, appellant is deemed to
have satisfactorily complied with the experience requirement for the
contested position when she was designated as Acting Regional
Budget Officer and Acting Regional Accountant. Having held said
positions from 2018 to present, appellant may be considered to have
acquired the necessary experience for the position.
PRAYER
WHEREFORE, premises considered, appellant is praying that
this Honorable Office shall reconsider the above grounds and admit
the same in order to reverse their decision of disapproving her
appointment as Chief Accountant of MENRE-BARMM.
Other reliefs just and equitable are also prayed for.
Respectfully submitted.
4 January 2021, Cotabato City, Philippines.
JAWHARA K. ALI
Appellant
SUBSCRIBED AND SWORN to before me this 5 th day of
January 2021 at Cotabato City, Philippines, by the affiant, after
exhibiting to me her competent proof of identity.
Doc No._______;
Page No.______;
Book No.______;
Series of 2021.
12
Civil Service Commission v. Saturnino De la Cruz, GR No. 158737, August 31, 2004
Page 9 of 9