[ CSC MEMORANDUM CIRCULAR NO. 12-94, March 10, 1994 ]

AMENDMENT NO. 1 TO THE OMNIBUS GUIDELINES ON APPOINTMENTS AND OTHER PERSONNEL ACTIONS, CSC MEMORANDUM CIRCULAR NO. 38, SERIES OF 1993 (DROPPED FROM THE ROLLS)



In order to promote efficient and effective personnel administration in government and to obviate any prejudice to the service, the Civil Service Commission pursuant to Resolution No. 94-1464 dated March 10, 1994 hereby promulgates the following procedure to be followed in separating from the service officials and employees who are either habitually absent or have unsatisfactory or poor performance or have shown physical and mental unfitness to perform their duties.

Accordingly, Item 2 of Section VI of the Omnibus Guidelines on Appointments and other Personnel Actions (MC No. 38, s. 1993 - Dropped from the Rolls), now reads as follows:

2.  Dropped From the Rolls

2.1
Absence without Approved Leave - (a.) An officer or employee who is continuously absent without approved leave (AWOL) for at least thirty (30) calendar days shall be separated from the service or dropped from the rolls without prior notice. He shall however be informed of his separation from the service not later than five (5) days from its effectivity which shall be sent to the address appearing in his 201 files; and
b.
If the number of unauthorized absences incurred is less than thirty (30) calendar days, written return-to-work order shall be served on the official or employee at his last known address on record. Failure on his part to report for work within the period stated in the order shall be a valid ground to drop him from the rolls.
2.2
Unsatisfactory or Poor Performance - (a.) An official or employee who is given two (2) consecutive unsatisfactory ratings may be dropped from the rolls after due notice. Notice shall mean that the officer or employee concerned is informed in writing of his unsatisfactory performance for a semester and is sufficiently warned that a succeeding unsatisfactory performance shall warrant his separation from the service. Such notice shall be given not later than 30 days from the end of the semester and shall contain sufficient information which shall enable the employee to prepare an explanation.
b.
An official or employee, who for one evaluation period is rated poor in performance, may be dropped from the rolls after due notice. Due notice shall mean that the officer or employee is informed in writing of the status of his performance not later than the 4th month of that rating period with sufficient warning that failure to improve his performance within the remaining period of the semester shall warrant his separation from the service. Such notice shall also contain sufficient information which shall enable the employee to prepare an explanation.
2.3
Physical and Mental Unfitness - (a.) An officer or employee who is continuously absent for more than one (1) year by reason of illness may be declared physically unfit to perform his duties and the head of office in the exercise of his sound judgment may consequently drop him from the rolls.
b.
An officer or employee who is intermittently absent by reason of illness for at least 260 working days during a 24 month period may also be declared physically unfit by the head of office.
c.
An officer or employee who is behaving abnormally for an extended period which manifests continuing mental disorder and incapacity to work as reported by his co-workers or immediate supervisor and confirmed by the head of office, may likewise be dropped from the rolls.
For the purpose of the three (3) preceding paragraphs, notice shall be given to the employee containing a brief statement of the nature of his incapacity to work.
2.4
The officer or employee who is separated from the service through any of the above modes has the right to appeal his case to the CSC or its Regional Office within fifteen (15) days from receipt of such order or notice of separation;
2.5
The order of separation is immediately executory pending appeal, unless the Commission on meritorious grounds, directs otherwise;
2.6
This mode of separation from the service for unauthorized absences or unsatisfactory or poor performance or physical and mental incapacity is non-disciplinary in nature and shall not result in the forfeiture of any benefits on the part of the official or employee nor in disqualifying him from reemployment in the government;
2.7
The written notice mentioned in the preceding paragraphs may be signed by the person exercising immediate supervision over the official or employee. However, the notice of separation shall be signed by the appointing authority or head of office.

This shall likewise be without prejudice to the reappointment of the official or employee to government at the discretion of the appointing authority and subject to Civil Service law, rules and regulations.

This Memorandum Circular shall take effect within fifteen (15) days from its publication in a newspaper of general circulation.

Adopted: 10 Mar. 1994

(SGD.) RAMON P. ERENETA, JR.
Commissioner