Republic of the Philippines

CIVIL SERVICE COMMISSION

Cagayan-Batanes Field Office
Tuguegarao City

ROSALIO C. SOMERA In Re: DISAPPROVAL of

Appellant-Appointee Casual Appointment

vs.

CIVIL SERVICE COMMISSION

Cagayan, Batanes Field Office
Appellee
x--------------------------------------------x

APPEAL
Appellant by counsel and unto this Honorable Office most respectfully submits, thus:

TIMELINESS OF THE APPEAL AND PAYMENT OF THE REQUISITE APPEAL FEE

Under Section 78 of the Revised Rules on Administrative Cases in the Civil Service,
a decision or ruling of a department or agency may be appealed within fifteen (15) days
from receipt thereof by the party adversely affected to the Civil Service Regional Office.

Appellant was notified of the DISAPPROVAL of his appointment on September 08,

2017 through the receipt of the Office of the Provincial Human Resource Management
Office, Province of Cagayan. This appeal is filed this date, September 11, 2017. Hence,
this Appeal is timely filed. A copy of the Disapproval Letter is hereto attached as Annex
“A”.

Correspondingly, with this Appeal is a photocopy Receipt which represents the Proof of
Payment of Appeal Fee. A copy the said Receipt is marked as Annex “B”.

FACTUAL ANTECEDENTS

1. Appellant is a Filipino, of legal age, and currently working as a Driver (CASUAL

STATUS) assigned at the Office of the Board Member of the Third District of
Cagayan, Honorable Perla C. Tumaliuan;

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2. In the said letter, the Civil Service Commission Cagayan-Batanes Field Office
through its Acting Director Jovy VT. Miguel, averred thus:
xxx

Based on the evaluation of the appointments and the supporting documents,

the Driver’s License of Mr. Somera has already expired last April 04, 2017.

As such, the Casual Appointment of Mr. Binayug (sic) as Driver is hereby

DISAPPROVED for failure to present an updated Driver’s License which is a
requirement as prescribed for the position.

xxx

3. Accordingly, the Appellee cannot act favorably on the said Casual Appointment and
is hereby disapproved pursuant to existing Civil Service rules and regulations.
Hence, this Appeal.

Arguments

1. That Appellant is respectfully appealing the DISAPPROVAL of his CASUAL

APPOINTMENT (DRIVER) for the following reasons:

a. In the updated Personal Data Sheet submitted in the Provincial Human

Resource Management Office, it shows that the appellant is a duly-licensed
driver starting April 06, 2017 to April 04, 2022. A copy of the Updated
Personal Data Sheet is hereto attached as Annex “C”;

b. Hence, there was a mere inadvertence on the part of the Provincial Human
Resource Management Office (PHRMO) in the forwarded copy of the
Appointment Papers of the Appellant to the Civil Service Commission-
Regional Office No. 02- Tuguegarao City, Cagayan with which an expired
copy of the driver’s license was attached therein; and

c. Even assuming that there was no inadvertence on the part of the PHRMO,
the appellant respectfully states that he is a duly-licensed Professional Driver
from the date of the issuance of his appointment for the period of July 01,
2017 to December 31, 2017. A photostatic copy of the driver’s license of the
appellant is hereto attached as Annex “D”;

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 WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed unto this
Honorable Office to favorably consider this appeal and approve the appointment of the
Appellant.

Respectfully submitted this 11th day of September 2017 at Civil Service

Commission, Regional Office No.2, Tuguegarao City, Cagayan.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 11 th day of

September 2017 in Tuguegarao City, Cagayan, Philippines.

ED ARMAND T. VENTOLERO
Counsel for the Appellant-Appointee
Unit 2 Ground Floor, Gumarang Building, Enrile Boulevard
Caggay, Tuguegarao City, Cagayan
Roll of Attorneys No. 68849
IBP Receipt No. 002428
MCLE Compliance Certificate (Not Yet Required)
Admitted to the Philippine Bar in 2017

SUBSCRIBED AND SWORN to before me this 11 th day of September 2017 in

Tuguegarao City, Cagayan, Philippines.

Notary Public
Doc. No.
Page No.
Book No.
Series of 2017

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 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, ROSALIO C. SOMERA, of legal age, Filipino citizen and an employee of the

Sangguniang Panlalawigan, Province of Cagayan, under oath, do hereby depose and
state, THAT:

1. I am the Appellant in the above-stated case;

2. I caused the preparation of the foregoing Appeal through my counsel;
3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or authentic documents;
4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Office.

IN WITNESS WHEREOF, I have hereunto set my hand this 11 th day of

September 2017 in Tuguegarao City, Cagayan.

ROSALIO C. SOMERA
Appellant- Affiant

SUBSCRIBED AND SWORN to before me this 11 th day of September 2017 in

Tuguegarao City, Cagayan, Philippines.

Notary Public
Doc. No.
Page No.
Book No.
Series of 2017

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