QuestionsQuestions (Republic Act No. 5651)
RA 5651 amends Republic Act No. 4221 to address the effect of dividing the original Province of Samar into three provinces, specifically protecting the service continuity and appointment status of certain officers and employees.
RA 5651 amends Republic Act No. 4221, titled “An Act Creating the Provinces of Northern Samar, Eastern Samar, and Western Samar.”
It inserts a new Section 9-A between Sections 9 and 10 of RA 4221.
It applies to officers and employees in the Province of Samar (in either classified or unclassified service) who are separated due to the province’s division into three provinces and who are re-appointed after the division takes effect.
Officers and employees occupying positions in either the classified or unclassified service in the Province of Samar, provided they are (1) separated due to division, and (2) re-appointed after the division takes effect.
They are deemed to have rendered continuous service.
They retain the status of their previous and/or later appointments, whichever is more advantageous to them.
That the interruption caused by the division does not break their service record for purposes that depend on continuity of service, such as eligibility and benefits tied to length/continuity of service.
To ensure the provision applies regardless of whether the affected officers/employees are under the classified or unclassified civil service category.
The separation occurs “due to its division into three provinces” (i.e., due to the reorganization resulting from the creation of Northern Samar, Eastern Samar, and Western Samar).
The officers and employees must be re-appointed after the division of the province takes effect.
It retains whichever status of previous and/or later appointments is more advantageous to the officer or employee.
Between Section nine (9) and Section ten (10) of RA 4221.
It takes effect upon its approval.
Only for those who are re-appointed after the division takes effect; the law grants the deemed-continuous-service and retention of appointment status to those who meet that condition.