3 Ora Ohra CSC

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2017

Omnibus Rules
on Appointments
and Other
Human Resource
Actions

PAGBA by Atty. Ronquillo


Sec. 1. State shall ensure and promote the Constitutional
mandate that appointments in the Civil Service shall be made
only according to merit and fitness.

Sec. 2. Merit and fitness shall be determined, as far as


practicable, by competitive examinations. This does not
apply to appointments to positions which are policy
determining, primarily confidential, or highly technical.

PAGBA by Atty. Ronquillo


Sec. 3. Any action denoting the movement or progress
of human resource in the civil service such as promotion,
transfer, reappointment, reinstatement, reemployment,
reclassification, detail, reassignment, secondment, demotion
and separation shall be known as human resource
action.

PAGBA by Atty. Ronquillo


Employment Status

• Permanent appointment – an appointment issued to a


person who meets all QS requirements of the position.

PAGBA by Atty. Ronquillo


Employment Status

Temporary appointment – issued to an appointee who


meets the education, experience, and training
requirements except eligibility
- A temporary appointment may only be issued in the
absence of an applicant who meets all the qualification
requirements of the position as certified by the
appointing officer/authority.
- Shall not to exceed 12 months and may only be
renewed once
PAGBA by Atty. Ronquillo
Employment Status
Temporary appointment – Shall not to exceed 12
months and may only be renewed once

RECKONING PERIOD

- Pelonio’s appointment was disapproved on the ground


that she was previously appointed under temporary status,
and that, her September 1, 2017 appointment was already
on its sixteenth renewal.
- Rule on one (1) renewal limitation of temporary
appointments was introduced in the 2017 ORAOHRA.
PAGBA by Atty. Ronquillo
RECKONING PERIOD
- In line with the prospective character of the rule, for
purposes of disallowing more than one (1) renewal, it
should not include appointments issued prior to the 2017
ORAOHRA. Pelonio’s prior temporary appointments
cannot be the subject of the provision under the 2017
ORAOHRA.
- Reckoning date shall start from her temporary
appointment issued on September 1, 2017, if any.
Therefrom, she may still be allowed one (1) more
temporary appointment to the same position. Granted the
petition of Pelonio.
Pelonio, Lalaine D., Decision No. 180478, Sept. 5, 2018
PAGBA by Atty. Ronquillo
Temporary appointment shall be disapproved/invalidated if the
deficiency of the appointee is any or combination of the education,
training, or experience requirement, except to positions that are:
 hard to fill
 provided by special law (medical officer/specialist positions, special
science teachers, police officers, and faculty positions
 other meritorious cases as may be determined by the Commission

A temporary appointment to a position which involves practice of


profession may be issued to a person who lacks the required experience
or training but only in the absence of an applicant who meets all the
qualification requirements of the position as certified by the appointing
officer/authority.
Temporary appointment issued to a person who meets all the
requirements of the position shall
PAGBA by be disapproved/invalidated.
Atty. Ronquillo
Temporary appointment

When there are no available qualified faculty in the region, place or locality,
as certified by the appointing officer/authority, temporary appointments
may be issued until the required Master’s degree is met/complied with.

The renewal of temporary appointment shall be limited to five (5)


times only reckoned from the effectivity of CSC Memorandum
Circular No. 25, s. 2017.
Applicable only in the absence of qualified faculty (professor).

PAGBA by Atty. Ronquillo


Employment Status
Substitute appointment - issued when regular incumbent is:
• temporarily unable to perform
• on an approved leave of absence
• under suspension
• on a scholarship grant or on secondment.

This is effective only until the return of the incumbent.

A substitute appointment is allowed only if the leave of


absence of the incumbent is at least three (3) months,
except in the case of teachers.
PAGBA by Atty. Ronquillo
Employment Status

Substitute appointment –

A position whose duties involve practice of a profession


covered by bar/board or special laws shall require the
appropriate license.

The substitute appointee shall be entitled to the salaries


and benefits attached to the position except for those
benefits requiring longer period of service for the
availment thereof.
PAGBA by Atty. Ronquillo
Employment Status

Coterminous appointment - appointment issued to a person


whose tenure is limited to a period specified by law.

• Coterminous with the appointing officer/authority


• Coterminous with the head of the organizational unit
where assigned

Must meet the education, experience, and training


requirements of the position

Eligibility is not required except for positions involving


practice of profession orPAGBA
requiring
by Atty. Ronquillo
licenses
Coterminous appointment
- Nicolas, former Provincial Administrator, Prov. Govt of Quirino,
files an appeal on the CSC RO No. II decision disapproving
her re-appointment as Provincial Administrator under
coterminous status for failure to meet the required eligibility of
the position.
- Nicolas meets the experience, education and training
requirements of the position but this does not exempt her
from meeting the qualification standard for said position.
- CSC MC No. 12, s.2011 provides that ‘Appointment to
Administrator, Legal Officer and Information Officer position
in municipalities, cities and provinces, xx, shall comply with
the QS and concurrence by the concerned Sanggunian,
otherwise will be disapproved.
Nicolas, Elizabeth S., Decision No. 150038, Jan. 28, 2015
PAGBA by Atty. Ronquillo
Coterminous appointment

Rule VIII. Qualification Standards


Section 38. Appointees to primarily confidential/personal staff
positions are exempt from the QS requirements, except those
whose duties involve the practice of a profession regulated by
the Philippine Bar/Board laws and/or require licenses xxx, and
those specifically required by a special law, such as the positions
of Provincial/City/Municipal Administrator, Information Officer and
Legal Officer required under specific provisions of the 1991 LGC

PAGBA by Atty. Ronquillo


• Coterminous (primarily confidential in nature)

Exempt from qualification requirements except for


positions involving practice of profession or requiring
licenses.

PAGBA by Atty. Ronquillo


• Coterminous with the Lifespan of the Agency

• Based on the agency’s Staffing Pattern as approved


by the DBM or the GCG.
• Need not be renewed annually.
• The lifespan of the agency shall be indicated on the
appointment. However, if the performance of the
appointee is below Satisfactory, the appointing
officer/authority may terminate the services of, or
replace the appointee after giving the latter a notice
of at least thirty (30) days prior to the date of
termination of the appointment.
PAGBA by Atty. Ronquillo
• Coterminous with the Lifespan of the Agency

• Must meet the education, experience and training


requirements of the positions as proposed by the
respective Agency Heads and approved by the
Commission.
• Eligibility is not required for coterminous
appointment, except those whose duties involve
the practice of a profession regulated by the
Philippines Bar/Board or special laws and/or
require licenses.
PAGBA by Atty. Ronquillo
Employment Status

Fixed Term appointment – specified term of office subject to


reappointment as provided by law, such as Chairperson and
members of commissions and boards, SUC President, and
Head of Agency appointed by the Board.

PAGBA by Atty. Ronquillo


Employment Status

Contractual appointment - special contract to undertake local


or foreign-assisted projects or a specific work or job requiring
special or technical skills not available in the employing agency
• Limited to 1 year, may be renewed every year depending on
performance
• Must meet education, training and experience proposed by
agency heads and approved by CSC
• Eligibility not required except for positions involving practice of
profession or requiring licenses
• Includes appointments to positions that are co-existent with the
duration of a particular project based on the agency’s Staffing
Pattern as approved by the DBM or the GCG.
• Entitled to the same benefits enjoyed by regular employees
PAGBA by Atty. Ronquillo
Employment Status
Casual appointment for essential and necessary services
where there are not enough regular staff to meet the demands
of the service and for emergency cases and intermittent
period
• Must meet education, training and experience proposed by agency heads
and approved by CSC
• Eligibility not required except for positions involving practice of
profession or requiring licenses
• In no case shall casual appointment be issued to fill a vacant plantilla
position
• Entitled to the same benefits enjoyed by regular employees
• Reappointment (renewal) of casual appointments to the same position
shall be submitted to the CSC for notation only, without the need for
approval/validation. However, reappointment to another position shall be
submitted for approval/validation
PAGBA by by the CSC FO concerned.
Atty. Ronquillo
Employment Status of Teachers
Permanent —meets all the requirements of the position.

Provisional —meets all the requirements of the position except the


eligibility * Scholar-graduates of the Merit Scholarship Program of the
Department of Science and Technology – Science Education Institute (DOST-
SEI) shall be allowed to teach on provisional status, which appointment may
be renewed every school year but not to exceed four (4) years.

Temporary –meets all the requirements of the position except the


education *

*only in the absence of a qualified eligible actually available who


is willing to accept the appointment as certified by the Schools
Division Superintendent PAGBA by Atty. Ronquillo
Employment Status of Teachers

Substitute – regular incumbent temporarily unavailable –


required to possess RA 1080 (Teacher) Eligibility

Contractual – specialized subject in secondary education; part-


time – inclusive period indicated for purposes of crediting services
– not required to possess RA 1080 (Teacher) eligibility

PAGBA by Atty. Ronquillo


Re: Clarification on Provisional Appointments to Senior
High School Teaching Schools
Promulgated on November 20, 2018
The Commission clarifies that in areas where there is
shortage of qualified teachers, automatic renewal of
provisional appointments issued to teachers for the
succeeding four (4) years after the issuance of the first
provisional appointment to the same position as certified by
the DepEd Schools Division Superintendent concerned shall
be allowed.
PAGBA by Atty. Ronquillo
Nature of Appointment
Original appointment

the initial entry into the career or non-career service


subject to probationary period under Rule V of the 2017
Omnibus Rules on Appointments and Other Human
Resource Actions

PAGBA by Atty. Ronquillo


Nature of Appointment
Promotion
the advancement of a career employee from one position to
another with an increase in duties and responsibilities and
usually accompanied by increase in salary
 upward movement from the non-career service to the
career service and vice versa shall not be considered as a
promotion but as reappointment
 promotion to another agency (promoted employee will be
required to notify the head of agency at least 30 days prior
to assumption to the position).
 special promotions exempted from qualification
requirements but subject toRonquillo
PAGBA by Atty. validation
The pendency of an administrative case against any
employee shall not be a bar to promotion.

An employee who has been found guilty of an administrative


offense and imposed the penalty of demotion, suspension or
fine shall be disqualified for promotion for the same period of
suspension or fine.

In the case of demotion, the period of disqualification for


promotion shall be within one (1) year.

PAGBA by Atty. Ronquillo


Nature of Appointment

Transfer
• the movement of employee from one position to another
which is of equivalent rank, level or salary without gap in the
service requires:
• Written Notice of transfer = at least 30 days prior to effectivity
date
• Written Notice of acceptance – 30 days from receipt of notice

X No notice of acceptance – deemed approved after lapse of 30 days


from receipt of written notice
X Failure to transfer on specified date - employee deemed resigned.
May be reappointed or reemployed subject to the usual hiring process
PAGBA by Atty. Ronquillo
Nature of Appointment

Reemployment
• the appointment of a person who has been
previously appointed to a position in the
government service but was separated therefrom
as a result of reduction in force, reorganization,
retirement, voluntary resignation, or any non-
disciplinary action such as dropping from the rolls
and other modes of separation.
• presupposes a gap in service
PAGBA by Atty. Ronquillo
Nature of Appointment

Reappointment the issuance of an appointment as a result


of reorganization, devolution, salary standardization, re-
nationalization, recategorization, rationalization or similar events,
including the following:

• The issuance of appointment from temporary to permanent, career


to non-career or vice versa, non-career to another non-career
• The renewal of temporary, contractual and casual appointment
upon the expiration of the appointment or subsequent appointment
of substitute teachers
• Personal or coterminous staff of elective officials, who shall
continue to serve in a coterminous capacity
• NO GAP IN SERVICE PAGBA by Atty. Ronquillo
Nature of Appointment

Reinstatement
• to comparable positions – restoration of a person
as a result of a decision, to career position from
which he/she has, through no delinquency or
misconduct, been separated but subject position
already abolished; issuance of appointment
required
• to the same position/item – no need for issuance of
appointment
PAGBA by Atty. Ronquillo
Nature of Appointment

Demotion - movement of an employee from a higher


position to a lower position where he/she qualifies, if a lower
position is available. It entails reduction in duties,
responsibilities, status or rank, which may or may not involve
a reduction in salary.
• Due to reorganization/rationalization (REAPPOINTMENT)
– salary of the higher position
• Voluntary demotion - same step of the salary grade of the
previous position
• Demotion as a result of a disciplinary action – adjustment
of the salary of an employee to the next lower salary grade
with the same salary step.
PAGBA by Atty. Ronquillo
Nature of Appointment
Reclassification
• includes downgrading or upgrading when there is a
substantial change in regular duties and responsibilities of
the position
• not subject to QS; vested right

Reclassification of position requires the issuance of an


appointment but the same is ministerial on the part of the
appointing officer/authority.

In LGUs, no reclassification shall be allowed except when


the position is actually vacant
PAGBA by Atty. Ronquillo
HR movements not requiring issuance of appointment
expanded to include

• Change in item number


• Salary adjustment - NOSA
• Step increment - NOSI
• Reinstatement to the same position/item
• Demotion as a result of a disciplinary action
• Positions marked as coterminous with the
incumbent

PAGBA by Atty. Ronquillo


Other Human Resource Actions

Reassignment
movement across the organizational structure without a
reduction in rank, status, or salary; requires issuance of an
Office Order by the appointing officer

• Reassignment of employees with station-specific place of work


within the geographical location of the agency shall be allowed
only for a maximum period of one (1) year

PAGBA by Atty. Ronquillo


Geographical location – area within the jurisdiction of an
agency.
• NGAs, GOCCs, SUCS – central to regional office, main
campus to satellite campus provided that the office of
reassignment is existing in the organizational structure of
the agency
• LGUs – area within the locality of an LGU where an
employee may be reassigned from the
Provincial/City/Municipal Hall to other areas within the
locality provided that the reassignment is existing in the
organizational structure of the LGU
PAGBA by Atty. Ronquillo
Station Specific Appointment
An appointment is considered station-specific when:
• the particular office or station where the position is located is specifically
indicated on the face of the appointment paper

• the position title already specifies the station, such as Human Resource
Management Officer, Accountant, Budget Officer, Assessor, Social
Welfare and Development Officer, and such other positions with
organizational unit/station-specific function.

• The reassigned employee who is restored to his/her original


post/assignment pursuant to the decision of the Commission shall not be
reassigned within one (1) year reckoned from the date of restoration to
the original post/assignment. Otherwise, the appointing officer/authority
or the authorized official who caused the subsequent reassignment
within 1 year from the date of restoration may be cited for indirect
contempt by the Commission as provided in Rule 16 of the 2017
PAGBA by Atty. Ronquillo
RACCS.
Appointment is not station specific

• One-year maximum period of reassignment within the


geographical location of the agency shall not apply

• Employee concerned may request for a recall of the


reassignment citing his/her reasons why he/she wants to go
back to his/her original station

• Reassignment may also be revoked or recalled by the


appointing officer/authority or be declared not valid by the Civil
Service Commission or a competent court, on appeal

PAGBA by Atty. Ronquillo


Constructive dismissal exists when an official or employee
quits his/her work because of the agency head’s
unreasonable, humiliating, or demeaning actuations, which
render continued work impossible because of geographic
location, financial dislocation and performance of other
duties and responsibilities inconsistent with those
attached to the position. Hence, the employee is deemed
illegally dismissed.

This may occur although there is no diminution or reduction in


rank, status or salary of the employee

PAGBA by Atty. Ronquillo


Reassignment that constitutes constructive dismissal
may be any of the following:
• Reassignment of an employee to perform duties and
responsibilities inconsistent with the duties and responsibilities
of his/her position such as from a position of dignity to a more
servile or menial job;

• Reassignment to an office not in the existing organizational


structure;

• Reassignment to an existing office but the employee is not


given any definite set of duties and responsibilities;
PAGBA by Atty. Ronquillo
Reassignment that constitutes constructive dismissal
may be any of the following:

• Reassignment that will cause significant financial dislocation or


will cause difficulty or hardship on the part of the employee
because of geographic location

• Reassignment that is done indiscriminately or whimsically such


as reassignment of employees twice within a year, or
reassignment of career service officials and employees with valid
appointments during change of administration of elective and
appointive officials.

Reassignment that results in constructive dismissal


must be sufficiently established.

PAGBA by Atty. Ronquillo


In sum, the features of the rules on reassignment:

• provides avenue for employees with no station specific


appointment to request recall of reassignment;
• provides grounds that constitute indiscrimate and whimsical
reassignment;
• includes provision on reassignment of public health, social
and school teachers and other professions covered by
special laws; and
• pending appeal, reassignment shall not be executory (CSC
vs Pacheo, G.R. No. 178021, January 25, 2012).

PAGBA by Atty. Ronquillo


Detail
temporary movement of an employee from one department or
agency to another which does not involve a reduction in rank,
status or salary.
• provide limit to period of detail to a maximum of 3 years
(Section 5, Item b (3))
• detail without consent shall be allowed only for a period
of one (1) year
• require that detail be covered by an agreement that such
will not result in reduction in rank, status or salary
(Section 5, Item b (4))
PAGBA by Atty. Ronquillo
Detail
The employee may appeal the detail order within 15 days upon
receipt to the Commission or CSCRO with jurisdiction if he/she
believes there is no justification for the detail. Pending appeal,
the detail order shall be executory unless otherwise ordered
by the Commission.

The decision of the said CSCRO may be further appealed to


the Commission within 15 days from receipt.

PAGBA by Atty. Ronquillo


Designation
- Imposition of additional and/or higher duties to be
performed by a public official/employee which is temporary
and can be terminated anytime at the pleasure of the
appointing officer/authority

 perform the duties of another position on concurrent


capacity or on full-time basis;
 designation in an acting capacity or as Officer-in-
Charge (OIC)
PAGBA by Atty. Ronquillo
Designation
- Whether a first level position holder Rebong, who was
designated to perform the duties pertaining to second level
positions, be credited as valid experience for purposes of
promotion.
- CSC emphasized that CSC Resolution No. 050157 dated
February 7, 2005, MC No. 6, s.2005 provides that ‘designees
can only be designated to positions within the level they are
currently occupying’. Hence, CSC concluded that designation
made in his favor to perform duties and functions of the second
level position, could not be credited for purposes of compliance
with the experience requirement as it violates the rules on
designation. PAGBA by Atty. Ronquillo
Designation
- It is worthy to emphasize that the CSC would consider
respondent to have complied with the experience
requirement were it not for the alleged violation of the rule
against designation of a first level position holder to
second level positions which is stated in CSC MC No. 06-
05, dated Feb 15, 2005 (b) – designees can only be
designated to positions within the level they are currently
occupying.
PAGBA by Atty. Ronquillo
Designation
- Nevertheless, even if CSC is correct in saying that he
should have never performed the duties of a second level
position, the fact remains that he served as IA 1 in the
defunct EIIB for nine years and as IA1 in the BOC for
eight years.
- It is only fair and just that his experience therein should be
counted in his favor for purposes of promotion.

PAGBA by Atty. Ronquillo


Designation
- CSC MC No. 06-05 does not even provide for the
consequences of designating a first level position holder
to second level positions. Nowhere in the said Circular
is it provided that such service would not be credited
in the employee’s favor for purposes of promotion.
CSC’s petition is denied for lack of merit.

CSC vs Rebong, G.R. No. 215932, June 3, 2019

PAGBA by Atty. Ronquillo


Designation
• designation in an acting capacity - ministerial
functions attached to the position but also the exercise
of discretion since the person designated is deemed to
be the incumbent of the position

• officials designated as officer-in-charge - enjoy limited


powers which are confined to functions of administration
and ensuring that the office continues its usual activities

PAGBA by Atty. Ronquillo


Designation
• designation to critical positions in the local government
units such as Provincial/City/Municipal Government
Department Head, a copy of the office order shall be
furnished by the HRMOs of the LGUs to the CSC FO
concerned within thirty (30) days upon its issuance.

• Employees designated to positions with duties involving


practice of profession shall be required to possess the
necessary professional license.
PAGBA by Atty. Ronquillo
Probationary period - period of actual service following
the issuance of a permanent appointment wherein the
appointee undergoes a thorough character investigation
and assessment of capability to perform the duties of the
position enumerated in the Position Description Form
(PDF).

PAGBA by Atty. Ronquillo


Coverage

• Those who are issued original appointments under


permanent status in the career service and who meet all
the requirements of the positions

• Non-career service employees who are


reappointed/reemployed to a career position under
permanent status

PAGBA by Atty. Ronquillo


• Temporary appointees who after meeting the eligibility
requirements for a permanent appointment in the career
service are reappointed (change of status to permanent)

• Those who are reemployed under permanent status

• First-time appointees to closed career positions (faculty


and academic staff in state universities and colleges/local
colleges and universities, Scientists), unless otherwise
provided under the agency Charter

PAGBA by Atty. Ronquillo


Exempt from probationary period:

• Teachers who, prior to issuance of permanent


appointments, have acquired adequate training and
professional preparation in any school recognized by the
government, and possess the appropriate civil service
eligibility pursuant to Section 4 of Republic Act No. 4670

• First-time appointees to closed career positions in


SUCs, and scientific and research institutions if so provided
under their agency Charters

• Appointees to positions exempted from the probationary


period as may be provided by law.
PAGBA by Atty. Ronquillo
Reasons for Termination of a Probationary Appointee

• Unsatisfactory performance or want of capacity


• Failure of the appointee to observe propriety in his/her
acts, behavior and human/public relations
• Habitual tardiness or absenteeism
• Critical factors based on SPMS
• Unsatisfactory Conduct or Behavior
• Neglect of Duty
• Insubordination

PAGBA by Atty. Ronquillo


If the appointee has taken his/her oath of office and
assumed the duties of the position, he/she shall be
entitled to receive his/her salary at once without
awaiting the approval/validation of his/her appointment by
the Commission. The appointment shall remain effective
until disapproved/invalidated by the Commission.

PAGBA by Atty. Ronquillo


lf the appointee is not allowed to assume office despite
his/her receipt of the appointment, or submission thereof to
the Commission for approval, the official/s or employee/s
who caused the non-assumption of the appointee shall
be held administratively liable therefor.

PAGBA by Atty. Ronquillo


Section 18. In the case of local government units, the
appointment issued by the appointing officer/authority to a
department head position requires the concurrence of the
majority of all the members of the local sanggunian. The
appointing officer/authority shall submit the appointment to the
local sanggunian for concurrence within seven (7) calendar
days upon issuance, otherwise, the appointment shall be
considered ineffective.

If the sanggunian does not act on the appointment within fifteen


(15) calendar days from the date of its submission, said
appointment shall be deemed concurred.

PAGBA by Atty. Ronquillo


Services rendered without an appointment

• Not credited as government service


• Not recognized by the Commission
• Payment of salaries and other benefits = personal
liability of the person who made him/her assume
office

PAGBA by Atty. Ronquillo


Vacant positions in the career service, including vacant
executive/managerial positions in the second level that are
authorized to be filled, together with their corresponding
qualification standards and plantilla item numbers, shall be
published and posted in three (3) conspicuous places for a
period of at least ten (10) calendar days for NGAs, SUCs
and GOCCs with original charters in accordance with the
provisions of RA No. 7041 and its implementing guidelines,
and not less than fifteen (15) calendar days for local
government units pursuant to Section 80(a), Title Three,
Book I of RA No. 7160.

PAGBA by Atty. Ronquillo


Effect of Incorrect Information in the Publication

Any incorrect information in the publication of vacant


positions, i.e. item number, position title, qualification
standards shall be a ground for the disapproval/invalidation
of appointments

PAGBA by Atty. Ronquillo


Positions Exempt From Publication and Posting

a. Primarily confidential;

b. Policy-determining;

c. Highly technical which includes the faculty and


academic staff of state/local colleges and universities,
and scientific and technical positions in scientific and
research institutions with established merit systems;

PAGBA by Atty. Ronquillo


Positions Exempt From Publication and Posting

d. Coterminous with that of the appointing


officer/authority, including other non-career positions such
as contractual and casual as identified under Section 9,
Subtitle A, Title I, Book V of EO No. 292;

e. Reappointment (change of status to permanent) of


those appointed on temporary status for Category II
positions under CSC MC No. 11, s. 1996 , as amended; or

PAGBA by Atty. Ronquillo


Positions Exempt From Publication and Posting

f. Reappointment (renewal) of those appointed on temporary


status for Medical Officer/Specialist positions pursuant to PD No.
1424, Further Amending RA No. 1243, As Amended by RA No.
2251, otherwise known as the “Hospital Residency Law”;

g. Those to be filled by existing regular employees in the agency


in case of reorganization/rationalization; provided, the approved
staffing pattern is posted in the agency bulletin boards and other
conspicuous places in its central and regional/field offices.

PAGBA by Atty. Ronquillo


Validity of Publication

• Valid until filled up but not to extend beyond nine (9)


months from date of publication

• Should no appointment be issued within the 9-month


period, the agency has to cause the re-publication and re-
posting of the vacant position.

PAGBA by Atty. Ronquillo


ANTICIPATED VACANCIES
• Allowed only to agencies with SUCCESSION PLAN.

Exceptions:
• Anticipated vacancies due to RETIREMENT,
RESIGNATION, OR TRANSFER but the publication should
be made not earlier than thirty (30) days prior thereto.

PAGBA by Atty. Ronquillo


Qualification Standards

The qualification standards are the minimum and basic


requirements for positions in the government in terms of
education, training, experience, Civil Service eligibility,
physical fitness and other qualities required for successful
performance of the duties of the position. These shall serve
as the basic guide in the selection of the employees and
in the evaluation of appointments to all positions in the
government.

PAGBA by Atty. Ronquillo


Clarification on the Education Requirement for Division Chief
Positions with SG 23 and Below (CSC MC No. 04, s. 2019)

MC No. 5, s. 2016, Revised QS for Division Chief and


Executive/Managerial Positions in the Second Level (February 24,
2016) provides that education requirement for division chief
position is Master’s degree OR Certificate of Leadership and
Management from the CSC which is in accordance with the
prescribed educational requirement for appointment to DC
positions with one of the following criteria: SG 24 positions, thus,
pursuant to CSC Resolution No. 1801053 (September 25, 2018),
CSC clarifies that the QS for DC positions prescribed in CSC MC
No. 5, s.2016 apply only to SG 24 or higher .
PAGBA by Atty. Ronquillo
Clarification on the Education Requirement for Division Chief
Positions with SG 23 and Below (CSC MC No. 04, s. 2019)
Accordingly, DC positions with SG 23 or below or comparable
positions with the same SG 23 or below, shall not require Master’s
degree.

PAGBA by Atty. Ronquillo


Qualification Standards
• Agencies are encouraged to set specific or higher
standards for their positions, including the required
competencies.

• These standards shall be submitted to the Commission


for approval, and once approved, the agency shall
uniformly and consistently adopt these in the selection
and appointment of employees

PAGBA by Atty. Ronquillo


Establishment of QS for all positions

• For all positions in the Index of Occupational Services


(IOS), Position Titles and Salary grades
• Positions subsequently created and approved in
accordance with existing laws, policies, rules and
regulations
• QS established and approved by the Commission for
positions in particular sector may be adopted for the
same position titles in other government sectors without
the need for prior approval of the CSC*
* Agencies shall inform the Commission that they are adopting the CSC-
approved QS
PAGBA by Atty. Ronquillo
Establishment of QS for unique positions

• All agency positions should be included in the approved


QS Manual of the agency
• Unique positions should have a QS approved/confirmed
by the Commission

Appointment to positions without approved QS shall be


disapproved/invalidated

PAGBA by Atty. Ronquillo


QS by Special Law

• QS for certain positions prescribed by a special law shall


prevail

• QS for department head and assistant department head


positions (mandatory or optional) in LGUs, considered as
executive/managerial positions and for newly-created
department head and assistant department head positions
shall be equivalent or comparable to those prescribed by
RA No. 7160

PAGBA by Atty. Ronquillo


QS for Career Positions

• Must meet the Education, Training, Experience, Eligibility


and Competency requirements prescribed in the QS
Manual or CSC approved agency QS

• QS for positions, which may include competencies


(knowledge, skills and attitudes) shall be established
based on the set of duties and responsibilities indicated in
the Position Description Form

PAGBA by Atty. Ronquillo


QS for Non-Career Positions
• Appointees to casual, contractual, and coterminous positions
that are not primarily confidential must meet the education,
training, and experience requirements of the position as
proposed by agency heads and approved by the CSC
• Pending submission and approval of agency QS, the
qualification requirements under the CSC QS Manual shall
be used as bases in the attestation
• Eligibility is not required but PREFERENCE should be given
to CS eligible. HOWEVER, for practice of profession
regulated by the BAR or Board or requiring licenses, the
corresponding license/certificate of registration shall be
required PAGBA by Atty. Ronquillo
Appointees to primarily confidential positions exempt
from QS
Appointees to primarily confidential/personal staff positions
are exempt from QS
EXCEPT
• those whose duties involve the practice of profession
requlated by the BAR/Board laws and/or require
licenses
• those specifically required by a special law,
e.g. (Provincial/City/Municipal Administrator,
Information Officer)
PAGBA by Atty. Ronquillo
Reappointment of incumbents under permanent status
under reorganization

Considered as having met the qualification standards for the


position

PAGBA by Atty. Ronquillo


EDUCATION
Refers to the formal or non-formal academic, technical or
vocational studies that will enable the candidate to
successfully perform the duties and responsibilities indicated
in the Position Description Form of the position to be filled.

PAGBA by Atty. Ronquillo


Education
Non-Formal Education

Certificates of completion of non-formal education issued by


the Department of Education shall be considered valid
documents for appointment to positions requiring
completion of elementary or high school education, provided,
that other requirements of the positions are met.

PAGBA by Atty. Ronquillo


Education
Degree Obtained From Foreign Schools

Certification issued by CHED that a degree obtained from


foreign schools is equivalent to a bachelor’s or
master’s degree shall be considered valid document for
meeting the education requirement for positions requiring
completion of a bachelor’s or master’s degree

PAGBA by Atty. Ronquillo


Education
Determination of Relevancy of Bachelor’s Degree

• Appointee must complete a bachelor’s degree from a


CHED-recognized college or university

• Supplemented by 12 academic units of the subject or


course

PAGBA by Atty. Ronquillo


Education

Education Requirement for Division Chief and


Executive/Managerial positions

• Graduate of Master’s degree

• Certificate of Leadership and Management (C-Pro)

PAGBA by Atty. Ronquillo


Education

Considered to have met the Master’s Degree


for appointment to Division Chief/Managerial Positions
• Completion of Bachelor of Laws or Doctor of Medicine
(considered as appropriate education)

• CES or CSE eligibles

• RA 1080 eligibles
(involves practice of profession belonging to the same
occupational group or functionally related positions)
PAGBA by Atty. Ronquillo
Experience refers to the previous jobs in either the
government or private sector, whether full-time or
part-time, which, as certified by the Human Resource
Management Officer or authorized officials of the previous
employer, are functionally related to the duties in the PDF
of the position to be filled.

PAGBA by Atty. Ronquillo


Experience
Relevant Experience Acquired through Job Order or Contract
of Service
• May be considered relevant experience provided covered by a
contract or MOA

Relevant Experience Acquired through Volunteer Work


Experience, on full time basis, as certified by the HRMO or
authorized officials, may be considered relevant experience

QUALIFICATION STANDARDS SHOULD BE MET AT THE


TIME OF THE ISSUANCE OF APPOINTMENT
PAGBA by Atty. Ronquillo
Experience

Acquired in First Level positions


• May be considered for meeting the experience
requirement for second level positions when acquired in
the same occupational group or functionally related
positions

Relevant Experience Acquired through Designation


• covered by an Office or Memorandum Order
• Not a violation of the rules on designation

PAGBA by Atty. Ronquillo


CSC Resolution No. 1800717 promulgated on July 10, 2018
The Commission amends the existing experience
requirements for Municipal Government Department Head
positions.
The amended experience requirements for Municipal
Government Department Head I and Municipal Government
Department Head II positions shall be three (3) years relevant
experience to make these equivalent or comparable with the
qualifications prescribed by RA No. 7160.

PAGBA by Atty. Ronquillo


Training

Learning & Development Interventions


Training refers to formal or non-formal training courses and HRD
interventions such as coaching, mentoring, job rotation, seminars,
workshops, and others that are part of the employee’s Individual
Development Plan/Career Development Plan.

• Continuous learning and development shall be espoused by the CSC

• At least one planned HRD intervention for each employee should


be ensured by agency head during the year.

PAGBA by Atty. Ronquillo


Training
May be acquired from:
• CSC accredited learning and development institutions ;
• Government training institutions;
• Non-accredited private training institution offering training of highly
technical/specialized nature;
• Local training institution that is internationally acclaimed for meeting
the global standards of excellence in training;
• Institution recognized by Commission on Higher Education (CHED) as
Center of Excellence (COE) or Development (COD);
• Foreign institution that offers training for scholarship purposes or for
personal advancement of participants; or
• Other institutions that partner with the Civil Service Commission in
building capabilities of civil servants.
PAGBA by Atty. Ronquillo
Training

The following are not considered for purposes of meeting the


training requirement:

• Attendance to annual agency planning sessions/


workshops/ conferences as a requirement for operations

• Services rendered as facilitator/resource persons in


seminars/ workshops/training

PAGBA by Atty. Ronquillo


Training
Learning and Development/Training Requirement
for Executive/Managerial Positions in Second Level
(involves practice of profession)

• 40 hours (MCLE) for BAR passers or (CPE/CPD) for


licensed professionals or trainings relevant to the practice of
profession, AND
• 80 hours of management trainings TAKEN WITHIN THE
LAST 5 YEARS reckoned from the date of issuance of
appointment (Sec. 68) (amended by CSC MC No. 19, s.
2019, Revised Policies on Training/L&D Requirements for
Division Chief and Executive/Managerial Positions in
Government) PAGBA by Atty. Ronquillo
CSC Resolution No. 19007733 promulgated on July 11, 2019

The Commission ruled to dispense with the 5-year recency


requirement in the training/learning and development
requirements for division chief and executive/managerial
positions in the second level

Amending Sections 66 to 70 of the 2017 ORAOHRA, as


amended

PAGBA by Atty. Ronquillo


Promulgated on February 11, 2020
Amendment of the Experience and Training
Requirement of Attorney VI positions (SG-26)

PAGBA by Atty. Ronquillo


CSC Resolution No. 2000284
• 1997 QS Manual • Amended QS

Education Bachelor of Laws Education Bachelor of Laws

Experience 3 years in position/s Experience 4 years in the practice of law,


involving management and 1 year of which involves
supervision supervision/management
Training 16 hours of training in Training *36 hours of MCLE and 16
management and hours of
supervision supervisory/management
training/learning and
Eligibility RA 1080 (Attorney) development intervention
Eligibility RA 1080 (Attorney)
PAGBA by Atty. Ronquillo
Eligibility refers to the result of passing a merit and
fitness test which may be determined as far as
practicable by competitive examination, or based on
highly technical qualifications or other tests of merit and
fitness

PAGBA by Atty. Ronquillo


Eligibility
First Level Eligibility
• First level eligibilities are appropriate for appointment to
positions in the first level.

• Do not apply to those covered by bar/board/special laws,


and other special eligibilities as may be determined by
the Commission or those that require licenses such as
those positions listed under Category IV of CSC MC No.
11, s. 1996, as amended.

PAGBA by Atty. Ronquillo


Eligibility
Second Level Eligibility
• Second level eligibilities are appropriate for
appointment to positions in the second and first level.

• They do not apply to those covered by bar/board/ special


laws, and other special eligibilities as may be determined
by the Commission or those that require licenses such
as those positions listed under Category IV of CSC MC
No. 11, s. 1996, as amended.

PAGBA by Atty. Ronquillo


Eligibility
Practice of Profession

Eligibilities resulting from passing the bar/board


examinations shall be required for appointment to
positions the duties of which constitute the practice of
profession(s) regulated by the Philippine bar/board laws.

PAGBA by Atty. Ronquillo


Eligibility
Practice of Profession

Eligibilities resulting from passing the bar/board


examinations which require completion of at least a
bachelor’s degree shall be considered appropriate to
positions for which the examination is given, and to
other first and second level positions not covered by
bar/board/special laws

PAGBA by Atty. Ronquillo


Eligibility

Eligibilities resulting from passing the bar/board


examinations which require completion of less than a
bachelor’s degree shall be considered appropriate to
positions for which the examination is given, and to
other first level positions not covered by
bar/board/special laws or those that require licenses

PAGBA by Atty. Ronquillo


Eligibility
• Passing the 13th Shari’a Bar Examinations held in January
2014 and the Shari’a Bar Examinations conducted thereafter
shall be considered as an eligibility appropriate for
appointment to first and second level positions.

• Passing the Shari’a Bar Examinations held prior to the 13th


Shari’a Bar Examinations shall be considered as appropriate
for appointment to first level positions.

PAGBA by Atty. Ronquillo


CSC Resolution No. 1900309 promulgated on March 25, 2019

The Commission amends the existing qualification


standards for the generic titles of Administrative Aide V
(SG 5) and Administrative Aide VI (SG 6).

PAGBA by Atty. Ronquillo


PAGBA by Atty. Ronquillo
PAGBA by Atty. Ronquillo
CSC Resolution No. 2000130 promulgated on January 27,
2020
The Commission adopts the following policies on specific
cases involving changes in qualification requirements
owing to the re-categorization of skilled positions:
1. Incumbents of re-categorized skilled positions under
permanent status, who possess higher eligibilities, such as
PRC professional license, which are relevant or functionally
related to the skilled positions, shall be considered to have
met the eligibility requirements for the said positions.

PAGBA by Atty. Ronquillo


2. Incumbents of re-categorized skilled positions under
permanent status, who possess Career Service Professional or
Subprofessional eligibility instead of the required skills
eligibility, shall be considered to have met the eligibility
requirement for the skilled positions.

3. Incumbents of skilled positions appointed under


permanent status, at the time of re-categorization shall
be considered as having met the new QS for the position.

PAGBA by Atty. Ronquillo


4. The new QS of the re-categorized skilled positions
shall apply to subsequent appointees if the skilled
positions are vacant at the time of re-categorization.

PAGBA by Atty. Ronquillo


RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board

Role of the HRMPSB


• HRMPSB The HRMPSB shall assist the appointing
officer/authority in the judicious and objective selection of
candidates for appointment in the agency in accordance with
the approved Agency Merit Selection Plan (MSP).

The HRMPSB shall be primarily responsible for the judicious


and objective selection of candidates for appointment in the
agency in accordance with the approved Agency MSP and
shall recommend to the appointing officer/authority the top
five (5) ranking candidates deemed most qualified for
appointment to the vacant position.
PAGBA by Atty. Ronquillo
RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board

Role of the HRMO in the HRMPSB

• MEMBER of the HRMPSB. Shall not act as HRMPSB Secretariat.


• HRMO Office/Unit shall perform secretariat and technical support
function to the HRMPSB.
• Agency head shall designate an employee from other units to act
as Secretariat in case it has only 1 HRMO
• The highest official in-charge of the human resource management
shall be the official directly supervising the human resource
management of the agency, e.g., Assistant Secretary/Director for
Administration/Human Resource for National Government Agencies.
• The HRMO is the officer/official in-charge of the recruitment,
selection, and placement
PAGBA by Atty. Ronquillo
RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board

Agency Head
• Assess the merits of the HRMPSB recommendation for
appointment
• Exercise sound discretion
• Select from among the top five ranking applicants deemed
most qualified for appointment
• may appoint an applicant who is ranked higher than those
next-in-rank to the vacant position based on the assessment
of qualifications/competence evidenced by the comparative
ranking

PAGBA by Atty. Ronquillo


RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board
HRMPSB Membership
• Agency head shall, as far as practicable, ensure equal
representation of men and women for all levels of positions

• Membership can be modified, provided it conforms with the


prescribed composition; cannot be minimized
• Change in composition should be reported to CSC
• For LGUs, the HRMPSB shall be chaired by the local chief
executive or his/her authorized representative, and its
members shall be determined by resolution of the
sanggunian concerned. A copy of which should also be
furnished the CSC RO and CSC FO.
PAGBA by Atty. Ronquillo
RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board
Ratings Considered for Promotion
• At least Very Satisfactory performance rating in the last rating period
prior to the assessment or screening for promotion or transfer.

• The performance rating of at least Very Satisfactory (VS) in the last


rating period shall not be required for promotion from first to second
level entry positions.

• The performance rating prior to the reclassification of the position


shall be considered as performance rating in the reclassified position
for purposes of promotion.
Filling up of vacancies resulting from promotion
• Not to be filled until the promotional appointments have been
approved/validated by the CSC, except in meritorious cases as may be
authorized by the Commission
PAGBA(as amended
by Atty. Ronquillo by CSC MC No. 21, s. 2019)
CSC Resolution No. 1900898 promulgated on August 6, 2019

Section 96 was amended to read, as follows:


“*Section 96. Agencies, except those conferred with PRIME-HRM
Bronze/Silver/ Gold award, shall not fill up vacancies resulting from promotion
until the promotional appointments have been approved or validated by the
CSC.
The Commission may also exempt other agencies based on meritorious cases.
As prior notice, promotional appointments submitted by agencies exempted
from this provision shall include a notation stating that the employee shall be
reverted to his/her former position in case the promotional appointment is
disapproved/invalidated. Furthermore, appointment to a vacant position
resulting from promotional appointment shall bear the notation that the
appointment is subject to CSC attestation of the promotional appointment of
the incumbent of the previous position.“

PAGBA by Atty. Ronquillo


RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board
3 Salary Grade Limitation for Promotion
As a general rule
• An employee may be promoted to a position which is not more than 3
salary, pay or job grades higher than the employee’s present position
The limitation apply only to promotion within the agency.

The prohibition shall not apply in the following cases:


• Transfer incidental to promotion provided that the appointee is
subjected to deep selection
• Reappointment involving promotion from non-career to career
provided that the appointee was subjected to deep selection
• Reappointment from career to non-career position
• Reemployment
• Reclassification of position
PAGBA by Atty. Ronquillo
RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board

Appointments issued in violation of the 3-salary grade


rule shall be disapproved/invalidated, except:
• The position occupied by the person is next-in-rank to the
vacant position as identified in the MSP and SRP of the
agency
• The vacant position is a lone or entrance position
• The vacant position is hard to fill
• The vacant position is unique and highly specialized
• The candidates passed through a deep selection process,
taking into account superior qualifications
• The vacant position belongs to the closed career system
PAGBA by Atty. Ronquillo
RULE IX
Agency Merit Selection Plan and Human
Resource Merit Promotion and Selection Board
Appointments issued in violation of the 3-salary grade
rule shall be disapproved/invalidated, except:

Other Meritorious Cases

• Appointee is a lone applicant who meets all the


requirements of the position and passed through a deep
selection process
• Qualified next-in-rank waived their right in writing
• The next in rank position is vacant
• Next in rank employee/s is/are not qualified
• Qualified next-in-rank did not apply
PAGBA by Atty. Ronquillo
RULE X
Certain Modes of Separation – Documents
Required for Record Purposes

Resignation
Complete and operative resignation
(DTI vs. Singun, G.R. No. 149356, March 14, 2008)
• Written intention to relinquish;
• Acceptance by the appointing authority/ officer; and
• Written notice of such acceptance duly served to the
official or employee concerned.

PAGBA by Atty. Ronquillo


RULE X
Certain Modes of Separation – Documents
Required for Record Purposes

Resignation
• Complete and operative resignation not acted after the
lapse of 30-day period (DTI vs. Singun)
• Revocable until accepted
• Restoration to former position not automatic in case of
withdrawal once resignation is deemed complete and
operative
• Proof of notice of the acceptance of resignation to the
employee to be submitted

PAGBA by Atty. Ronquillo


RULE X
Certain Modes of Separation – Documents
Required for Record Purposes
Resignation
• An official or employee under investigation, except those
prohibited by law, may be allowed to resign pending decision
of his/her case without prejudice to the continuation of the
proceedings until finally terminated.

• Section 12, R.A. No. 3019 (Anti-Graft and Corrupt Practices


Act):
“Section 12. Termination of office. No public officer shall
be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution
against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.”
PAGBA by Atty. Ronquillo
RULE X
Certain Modes of Separation – Documents
Required for Record Purposes

Dismissal
• Report on Database of Individuals Barred From
Taking Civil Service Examinations and from Entering
Government Service (DIBAR), together with a certified
true copy of the decision rendered which has become
executory, shall be submitted to the CSC Field Office
within thirty (30) calendar days from the date of dismissal,
for record purposes.
Dropping from the Rolls
• This rule was deleted in the 2017 ORAOHRA since it
was transferred to the 2017 RACCS
PAGBA by Atty. Ronquillo
Grounds for Disapproval/Invalidation of
Appointments
a. The appointee does not meet the QS

b. The appointee has been dismissed for cause as enumerated


in Section 50 (A), Rule 10 of the 2017 RACCS or has been
found guilty of a crime where perpetual/temporary
disqualification from appointment is attached to the penalty
thereof, unless an executive clemency has been granted

c. The appointee has intentionally practiced or attempted to


practice any deception or fraud in connection with his/her
appointment PAGBA by Atty. Ronquillo
RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments
Grounds for the Recall of Disapproval/Invalidation of
Appointments
d. The appointment has been issued in violation of the CSC-
approved Merit Selection Plan.

e. The contractual/casual appointment has been issued to fill a


vacant position in the plantilla of personnel or the
contractual/casual appointee will perform the duties and
responsibilities of the vacant position; or

f. The appointment has been issued in violation of existing


Civil Service Law, rules and regulations, the Board/Bar, Local
Government Code of 1991 (RA No.7160), Publication Law (RA
No.7041), the Omnibus Election Code (BP Blg. 881, as
amended) and other pertinent laws
PAGBA by Atty. Ronquillo
RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments
If the appointment, regardless of the status, is
disapproved/invalidated on grounds which do not constitute a
violation of pertinent laws, the same is considered effective until the
disapproval/ invalidation is affirmed by the CSCRO or the
Commission.

The services rendered shall be credited as government


services and the appointee shall be entitled to the payment of
salaries from the government as a de facto officer.

However, the pendency of the appeal on


disapproved/invalidated temporary, contractual and casual
appointments shall not extend the period of effectivity thereof
as provided for in the appointment forms.
PAGBA by Atty. Ronquillo
RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments
In order for the appointee to be considered as de facto officer,
the following elements must concur:

There must be a de jure office. – The position is under an


existing and legally recognized division, office, organization,
Plantilla of Position/Staffing Pattern.

There must be color of right or general acquiescence by the


public. – It must be derived from an election or appointment,
however irregular or informal, so that the incumbent is not a
mere volunteer. The appointee only assumed the duties and
responsibilities of the position because he/she was issued
his/her appointment paper.
PAGBA by Atty. Ronquillo
RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments

There must be actual physical possession of the office in


good faith. – The appointee has the presumption that the
appointment issued to him/her is in compliance with Civil Service
Law and rules.

Illustrative Example:
Agency A published a vacant Chief Administrative Officer
position (de jure office) with an outdated qualification standards.
Employee A was issued an appointment to the said position
(color of right) and assumed the duties and responsibilities
thereof (actual physical possesion of an office in good faith).
However, the CSC Field Office disapproved the appointment for
not meeting the new qualification standards.
PAGBA by Atty. Ronquillo
RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments

Illustrative Example:

The period within which the appointee discharges the actual


duties and responsibilities of the Chief Administrative Officer until
the disapproval becomes final, as determined by the
Commission, shall be credited as government service. The
appointee is considered a de facto officer.

PAGBA by Atty. Ronquillo


RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments

• An appointment which is disapproved/invalidated on grounds


that constitute a violation of pertinent laws may be appealed
and the appointee may continue to render services. In the
event the disapproval/invalidation is affirmed by the
Commission, it becomes executory.

The services rendered shall not be credited as


government service and the appointing authority/officer
shall be personally liable for the payment of salaries.

PAGBA by Atty. Ronquillo


RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments

• The appointing officer/authority shall be personally liable


for the salary of an appointee paid after the CSC has
finally disapproved/invalidated the appointment.

• An employee whose promotional appointment is


disapproved/ invalidated shall be reverted to his/her
former position.

PAGBA by Atty. Ronquillo


RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments
Appointments issued after an election up to June 30 by
outgoing elective appointing officer/authority shall be
disapproved/invalidated, unless the following requisites are
met:
• Appointee meets the minimum QS
• The appointee has undergone HRMPSB screening
prior to the election ban
• There is urgent need for the issuance of the
appointment so as not to prejudice public service or
endanger public safety
• CS law, rules and regulations and special laws on the
issuance of appointments are followed
PAGBA by Atty. Ronquillo
RULE XI
Disapproval/Invalidation and Recall of
Approval/Validation of Appointments
Reappointment (renewal) by outgoing appointing
officer after the elections or before June 30 of an
election year

If in the exigency of the service, the outgoing


appointing officer, whether elective or appointive, opts to
reappoint temporary, casual and/or contractual
employees or appoint/reappoint substitute tachers,
during reorganization, after the election or before June
30 of an election year, prior authority must be obtained
from the concerned CSCRO, otherwise such
appointments shall be disapproved/invalidated
PAGBA by Atty. Ronquillo
Re: Action on Appointments by CSC Regional and Field Offices

Promulgated on January 27, 2020

The Commission authorizes the CSC Regional and Field


Offices to immediately review and act on appointments
submitted by agencies, as follows:

PAGBA by Atty. Ronquillo


1. Approve/validate the appointments provided the
following conditions are met:
a. The appointee meets the qualification requirements for
the position to which he/she is being appointed to;
b. The required supporting documents are complete;
c. All entries on the appointment form are correct; and
d. The appointment has been issued pursuant to existing
Civil Service Law, rules and regulations and other pertinent
laws

PAGBA by Atty. Ronquillo


2. Approve/validate the appointments and indicate a
notation which read:
“Subject to Official Verification of Eligibility” provided
that the following conditions are met:
a. The appointee meets the qualification standards for
the position requiring civil service eligibility to which he/she
is being appointed to;
b. The required supporting documents are complete;
c. All entries on the appointment form are correct;
d. The appointment has been issued pursuant to existing
Civil Service Law, rules and regulations and other pertinent
laws
PAGBA by Atty. Ronquillo
e. The civil service eligibility of the appointee issued by
the duly authorized agency cannot be verified online or due
to non-availability of the Masterlist of civil service eligible in
the CSC Field Office.

3. Disapprove/invalidate the appointments on any of the


grounds provided in Section 107 of the 2017 ORAOHRA, as
amended

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions
• No appointive official shall hold any other office or
employment in the government unless otherwise
allowed by law or by the primary functions of his/her
position.

• No elective official shall be eligible for appointment in


any capacity to any public office or position during
his/her tenure.

• No elective or appointive public officer or employee


shall receive additional, double or indirect
compensation, unless specifically authorized by
law, nor accept without the consent of Congress, any
present, emolument, office or title of any kind from any
foreign government. PAGBA by Atty. Ronquillo
RULE XII
Prohibitions

RevisitingCampol vs Balao-As , the SC


agreed that the award of full back wages in favor of an
illegally dismissed civil service employee who was
subsequently employed in another govt agency violates the
constitutional prohibitions against double office-holding and
double compensation in the civil service. Sec. 8, Art. IX-B of
the Constitution provides that no elective or appointive public
officer or employee shall receive additional, double or
indirect compensation xxx.

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions
SC ruled that petitioners who were subsequently rehired by the
NPC, absorbed by PSALM or Transco, or transferred or
employed by other government agencies, are not entitled to
back wages. To award back wages even to those who remained
employed as a direct result of the 2003 reorganization
amounts to unjust enrichment and damage to the government.

On the other hand, petitioners who were neither rehired by the


NPC or absorbed by PSALM or Transco pursuant to the 2003
reorganization and subsequently employed in the private
sector shall be entitled to full back wages (applying
Bustamante and Equitable Banking Corporation).
NPC Drivers and Mechanics Association (NPC DAMA) vs. The
National Power Corp., GR. No. 156208, November 21, 2017
PAGBA by Atty. Ronquillo
RULE XII
Prohibitions

• A person who lost in an election, except Barangay


election, shall not be eligible for appointment or
reemployment to any office in the government or
government-owned or controlled corporation 1 year after
election.

• A person holding a public appointive office or position,


including active members of the armed forces, shall be
considered resigned from his/her office upon filing of the
certificate of candidacy. This prohibition extends to
private citizens appointed as board members in public
offices representing the private sector.

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions

An employee who resigned from the government


service during the three (3)-month period before any
election to promote the candidacy of another shall not be
reemployed during the six-month period following such
election.

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions

No officer or employee in the civil service including the


members of the Armed Forces, shall engage directly or
indirectly in any partisan political activity or take part in any
election except to vote nor shall he/she use his/her official
authority or influence to coerce the political activity of any
person or body. Nothing herein provided shall be
understood to prevent any officer from expressing his/her
views on current political problems or issues, or from
mentioning the name of candidates for public office whom
he/she supports.

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions
Rules on Nepotism, Exemptions
No appointment shall be made in favor of a relative of the
appointing or recommending officer/authority, or of the
chief of the bureau or office or of the person exercising
immediate supervision over the appointee (within the 3rd
degree either of consanguinity or of affinity)
Nepotism covers all kinds of appointments
REGARDLESS OF STATUS including casual,
contractual and coterminous BUT ARE NOT
PRIMARILY CONFIDENTIAL
The Rule on Nepotism applies to DESIGNATION

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions

Rule on Nepotism in LGUs


• Prohibition on appointment in the career service extends
to relatives of Appointing or Recommending (A/R)
officer/authority with the 4th civil degree of
consanguinity or affinity.

• However, in the non-career service the prohibition


extends to the 3rd degree relatives of consanguinity or
affinity of appointing or recommending officer

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions
Exempted from Nepotism

a. Persons employed in a confidential capacity


b. Teachers
c. Physicians
d. Members of the Armed Forces of the Philippines
e. Science and technology personnel under RA No. 8439
f. Other positions as may be provided by law

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions
Other Prohibited Acts
• Withdrawal or revocation of an appointment already accepted by an
appointee
• Appointment or reemployment of a person perpetually dismissed
from the service unless he/she has been granted executive
clemency by the President of the Philippines upon recommendation
of the Commission
• Promotion within six months prior to compulsory retirement, except
otherwise provided by law
• Transfer of heads of oversight agencies and their staff or being
appointed to any position in the agency of assignment within one
year after termination of assignment or designation
• Non career to perform the duties belonging to career positions
• Consultant, contractual, non-career or detailed employee designated
to positions exercising control or supervision over regular and career
employees, except as may be PAGBAprovided
by Atty. Ronquillo by law
RULE XII
Prohibitions

Extension of Service
For those who will complete the 15 years for retirement
under GSIS Law:

Maximum period of two (2) years may be allowed to


complete the fifteen (15) years of service required under
the GSIS Law

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions

Extension of Service
The only basis for Heads of Offices to allow an employee to
continue rendering service after his/her 65th birthday is a CSC
Resolution granting the request for extension

PAGBA by Atty. Ronquillo


Promulgated on January 3, 2020

Guidelines on the Request for Extension of Service

PAGBA by Atty. Ronquillo


• Request for extension of service shall be governed
by the provisions of Section 129, Rule XII of the
2017 Omnibus Rules on Appointments and Other
Human Resource Actions, as amended.
• Request for extension of service for purposes of
completing the 15 years of service shall be granted
to government employees irrespective of the status
of appointment, including those who have
optionally retired from the government service
with entitlements to retirement benefits but were
re-employed in the government.
PAGBA by Atty. Ronquillo
• Request for extension of service for purposes of
completing the 15 years of service due to
incurrence of leave of absence without pay for any
reason other than illness for more than one year
shall not be allowed.

PAGBA by Atty. Ronquillo


• Request for extension in the exigency of the service of
those under permanent status may be allowed
provided that the Head of Agency shall establish the
necessity of the service, including but not limited to the
following:

• Completion of a program or a project, such as in the case of


personnel under the research and development sector,
provided that the research project is within the priority
Research & Development programs of the government and is
identified as strategic priority of the agency; or any activities
that may have impact on agency program implementation,
e.g. computerization program;

PAGBA by Atty. Ronquillo


• Deployment in services that have impact on national security and
safety, or when any other national or local emergency has been
declared by the appropriate authority;
• The subject position is highly technical that expertise is not
available in the agency;
• During the transition period to ensure the proper turn-over of
program or project implementation by training or orienting
successor; and
• Other analogous conditions as may be determined by the
Commission.
• Officials and employees on service extension are entitled to
salaries, allowances, and other remunerations, that are
normally considered part and parcel of an employee’s
compensation package. As such, they are covered by the
principle of accountability and may be administratively
charged for violation of Civil Service Law and rules.

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions

Rule on Dual Citizenship


• Person with dual citizenship shall not be appointed in the
government unless he/she renounces his/her foreign
citizenship

This rule shall not apply to Filipino citizen whose foreign


citizenship was acquired by birth.

PAGBA by Atty. Ronquillo


RULE XII
Prohibitions

Appointment to public office of those naturalized to


another country

• cannot be extended to those who are candidates for or are


occupying any public office in the country of which they
are naturalized citizen and/or in active service as
commissioned or non-commissioned officers in the armed
forces of the country of which they are naturalized citizens

PAGBA by Atty. Ronquillo


PAGBA by Atty. Ronquillo

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