Health Laws And Places

Home » Magna Carta » The rules on transfer of PHWs

The rules on transfer of PHWs

Recent Posts: WORDatTheNet

The First Beast in Revelation 13

How is the first beast related to the name of blasphemy? Is there an intimate relation between the first beast and the second beast, which are described in Revelation 13? How about the second beast? Is it likewise related to the name of blasphemy? Well, Catholics, Orthodox believers and Christians may not be aware of […]

Cauldron, ‘Diyos’, Jesus and Zeus Connection

November 30, 2019 marks the opening of SEA games 2019, hosted by the Philippines. Joined by the Sultan of Brunei, Haji Hassanal Bolkiah, President Rodrigo Duterte officially opened the games at Philippine Arena, Bocaue, Bulacan. Ninety (90) kilometers away, Manny Paquiao and Nesthy Pelecio lighted the 50 Million Cauldron in New Clark City, Tarlac. Meanwhile, […]

Mactan Cebu Park

In the Park

What is the legal effect of filing of an appeal by a public health worker or PHWs against an order for his  geographical re-assignment or transfer? Is he liable for insubordination if he refuses to comply first to the  said order? What are the relevant rules on the matter?

The law expressly provides the procedure for a valid transfer or re-assignment of a public health worker, to wit:

  • The public health worker must be informed first of the reasons for his transfer or re-assignment,
  • The transfer must be in the interest of public service,
  • The transfer or re-assignment is subject to an appeal before the Civil Service Commission
    (CSC), especially, if the public health worker believes that his transfer or re-assignment has no justification and,
  • The Civil Service Commission shall cause the holding in abeyance the transfer or re-assignment in case of an appeal .
Provision in R.A 7305

This is clear in section 6 of R.A 7305 otherwise known as the Magna Carta of Public Health Workers, which provides that:

“a public health worker shall not be transferred and/or re-assigned, except when made in the interest of public services, in which case, the employee concerned shall be informed of the reasons therefore in writing. If the public health worker believes that there is no justification for the transfer and/or re-assignment, he/she may appeal his/her case to the Civil Service Commission, which shall cause his/her transfer and/or re-assignment to be held in abeyance”.

Civil Service Commission  Provisions

In a recent Resolution of the Civil Service Commission, the holding in abeyance of transfer or re-assignment was made automatic once an appeal is filed before the CSC-Commission Proper.

This is provided in CSC Memorandum Circular no. 9 s. 2010 pursuant to CSC Resolution no. 100667 dated April 6, 2010, more specifically under Section 3 of CSC memorandum, stating as follows:.

“Section 3. Effect of Filing on an Appeal on the Re-assignment-The filing of an appeal on the re-assignment by the concerned public health worker or public social worker shall automatically hold in abeyance the implementation of the order of re-assignment.

For this purpose, appellant shall furnish a notice of appeal to the appointing authority or official who ordered the re-assignment copy furnished CSCROs or CSCFOs concerned.   The notice of appeal shall serve as notice to the concerned appointing authority or official to hold in abeyance the implementation of the order of re-assignment.”

Under the same CSC Memorandum Circular, the CSC Regional Offices are directed to monitor the compliance with Section 3 of the CSC memorandum. The same legal rights are also granted to public social workers, who are covered by R.A no. 9433, also known as the Magna Carta for Public Social Workers.

The CSC Memorandum took effect last May 20, 2010 or fifteen (15) days after its publication on May 5, 2010. This CSC issuance in effect ensures the strict observance of legal requirements for geographical transfer or relocation of health workers before being actually re-assigned.


>>>To  Home Page to also proceed to The Forum

%d bloggers like this: