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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department of Justice Manila

DEPARTMENT

CIRCULAR

NO.

071

TO

Undersecretaries and Assistant Secretaries The Prosecutor General The Chief State Counsel All Regional/ Provincial/City Prosecutors in the National Prosecution Sen-icc All concerned GUIDELINES ON THE DETAIL AND/OR REASSIGNMENT OF PERSONNEL
31

SUBJECT

DATE

October

2013

In the interest of the sel\ice and pursuant to the provisions of existing laws and in line ".ith the prO\isions of Ci,il Sel\ice Commission's Memorandum Circular ;\0. 40 s. 1998 as amended by CSC Memorandum Circular No. 15, s. 1999, and in consonance \\ith CSC Resolution No. 02-1181 dated September 13, 2002, the follO\\ing guidelines on the detail of personnel is hereby adopted:

Section
1.1

1. Rationale

To establish rules in monitoring the mO\Tment of personnel from one office to another, specifically to determine the extent of authority of the originating unit and recei,.ing unit relative to the submission of reportorial requirement such as performance evaluation, leave applications and attendance monitoring that affects processing of salaries and emoluments and other operational matters to the originating unit; To set guidelines in the approval or disapproval of the request for such detail and/or reassignment;
1.2

1.3 To set duration/period

of such detail and/or reassignment;

1.4 To clarify the prohibitions personnel. Section


2,

rclative to the said movement

of

Definition

of Terms

For purposes of this Circular, thc tcrms used shall mean as follows:
2.1

Detail- is the temporary movement of an employee from one Office/Unit to anothcr or from this Department to other agency which does not im'oln' reduction in rank, status or salary; Reassignmentis the mO\'ement of an cmployee \\ithin an organizational unit which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment; Originating Unit- the organizational unit or agency where the employee's plantilla originally belongs; Receiving Unit- the agcncy \\'herc the cmployee is to be assigned as a result of personnel mowment; Appointing authoritythe Secretary of Justice or the duly authorized representatiw, or in case of support staff in the Regional/PrO\incialjCity Prosecution Office, the Regional Prosecutor; Head of Office- The Chicf of Office, the Provincial/ City Prosecutor as the case may be; 3, Coverage Regional/

2.2

2.3

2,4

2.5

2.6

Section

All officials and staff in the Office of the Secretary of Justice


including those in the Office of the Regional/PrO\incial/ Prosecution offices are co\'ered by this Circular. Section 4. Reassignment Approving Authority and RenewaI/E;\.1:ension fOl' Detail City

and/or

No request for detail and/or reassignment shall be acted upon, unless the Head of Office of the originating Llnit shall fa\'orably recommend in "Titing and \\ith the conformity of the head of

office of the receiving unit of such detail and/or reassignment, subject to the approval of the Secretary of Justice, or, the Regional Prosecutor, when the detail is \vithin the regional jurisdiction, and when the exigency of the service requires. Requests for detail and rene\\'al/extensions involving members of the National Prosecution Sef\ice (NPS) shall have the conformity of the Prosecutor General. Section 5. Authority of the Regional Pl'osecutor to Issue Temporary Detail/Reassignment Order The Regional Prosecutor is authorized to issue detail/reassignment order of a prosecutor or staff \\ithin the same jurisdiction, not exceeding ninety (go) days. In pursuance thereof, a copy of the order shall be furnished the Office of the Secretary of .Justice, through the Assistant Secretary for Personnel Management and Dewlopment, and the Office of the Prosecutor General who shall take note and monitor the same. Section 6. Reason for Detail All detail and/or reassignment of personnel shall be based on the exigency of the sef\ice. No request for detail citing personal reasons shall be granted. Likewise, no detail and/or reassignment of personnel shall be allO\ved if there are pending \I'ork assignments or unresolved cases that \\ill affect the performance of the originating unit or \\ill impair the operations of the office. The personnel subject of the detail \\ill be required to complete all pending \\'ork assignments before approval of detail shall be made. Section 7. Duration of the Detail The detail shall be allo\\'ed only for a maximum period of one (1) year. All orders should be automatically re\'oked after the lapse of one (1) year. In excess thereof, may be allo,,-ed if it is disciplinell:' in nature as a result of an administratiw case and unless there is a \\"l'itten notice from the receiving unit that such detail is being terminated,

Section 8. Authority over the Detailed Employee The head of the recei,ing unit is responsible for monitoring the attendance, evaluating performance, granting authority for local travel and exercising other acts necessary to effectively supenise the detailed employee. The receiving agency shall furnish approved applications for leave of absences. the originating unit duly

Section 9. Authority to Discipline Detailed Employee The authority to discipline an employee on detail remains vested in the appointing authority. The authority to discipline includes the determination of the existence of a prima facie case against the employee, issuance of a formal charge, order of preventive suspension if the case so warrants, conduct of formal investigation, and render the decision on the administrative case filed. With respect to the aciministrati,-e casc arising from the acts done by the employee in the recei,ing agency, said agency shall have the right to initiate or file the complaint against the detailed employee subject to the provisions of the Uniform Rules on Administrative Cases in the Ci,il Senrice (CSC Resolution NO.99-1936, August 31,1999). Section 10. Assignments Detail to other Agencies due to Special

Detail of personnel to other government agencies ,,-hich needs the expertise of the Department's personnel for special assignment may only be allowed upon submission of \\Titten request irom the head of the government agency concerned, stating the speciiic projects/s to be undertaken and duration of the det~liL \\-hich shall not exceed a one (1) year. A monthly accomplishment report shall be fom-arded to the originating unit. Upon the expiration oi one \-ear or earlier completion of the assignment or period, the detail shall he automatically terminated.

Section

11.

Monitoring

For purposes of monitoring, copies of detail or assignment orders shall be furnished the Office of the Secretary through the Assistant Secretary for Personnel Management and Development. The Chief, Personnel Division, Administratiw Service is herebv directed to keep a record of all department issuances relative to the detail/reassignment of personnel. The Chief, Records Section is, likewise, directed to furnish the Personnel Division \\ith copies of Department issuances relatiw to the detail/reassignment of personnel.

Section

12.

Prohibitions

There shall be no partial detail or reassignment. Any partial detail must specify the cases to be handled which shall be covered by the corresponding order \\ith such designation. There shall be no multiple detail or reassignment. A prosecutor or staff may be detailed or assigned to only one office or agency. Detail to local government units and/or offices \\"hich are not constituent or attached agencies of the Department shall not be allo\\'ed unless authorized by la\\". This issuance is \\ithout prejudice to the authority of the Secretary of Justice to designate a prosecutor to inwstigatejprosecute a case outside the originating unit.

Section 13. Repealing clause


All previous issuances inconsistent \\"ith this Circular are hereby superseded and all orders peltaining to detail and/or reassignment of personnel shall be deemed repealed and re\"oked accordingly. This Circular takes effect For compliance.
01 JanualT 20q.

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