APPOINTMENTS & OTHER PERSONNEL

ACTIONS

Presented by:

NEILA N. AQUINO

5:30-9:30 PM Wednesday

DPA 708 Public Personnel Administration

Professor: DR. LOLITO G. TAMPUS

APPOINTMENT

An Appointment is a warrant in writing extended by a competent authority allowing the appointee to occupy the position stated in the appointment and to perform duties arising from it, effective at a specified date or time and usually with a definite compensation.

APPOINTMENT (CONTINUATION)

As a general rule, all appointments in the Career Service are made only according to merit and fitness which is determined as far as practicable by competitive examinations.

Exempted from this policy are appointments for positions which are policy-determining, primarily confidential, or highly technical in nature.

APPOINTMENT FOR NON-ELIGIBLE If you meet all the requirements of the position

including the appropriate civil service eligibility, you are qualified to be appointed to a position either in the first or second level.

However, when the immediate filling of a vacancy becomes necessary, even if you do not have an appropriate civil service eligibility but you meet the other requirements of the position, you can be appointed thereto; provided that no civil service eligible is actually and immediately available for appointment. Your appointment as non-eligible will be temporary for a period of not more than 12 months and you can be replaced at any time with one who has an appropriate civil service eligibility.

APPOINTMENT PROTEST

If an appointment was made in favor of an applicant who is not qualified, you as a qualified next-in-rank employee may file a protest with your appointing authority or with the Civil Service Regional Office within 15 days upon issuance of the appointment.

VACANCY IN THE CAREER SERVICE

A vacancy in the career service is filled by

1. promotion;2. transfer of present employees

in the government service; 3. reinstatement;4. reemployment;5. or by certification of a person

who is qualified and who possesses the appropriate civil service eligibility.

An appointment you have accepted cannot be withdrawn or revoked by the appointing authority and remains in force and effect until disapproved by the Civil Service Commission. However, an appointment can be void from the beginning due to fraud on your part or because it was issued in violation of law.

EFFECTIVITY OF AN APPOINTMENT

An appointment issued in accordance with the pertinent laws and rules takes effect immediately upon its issuance by the appointing authority. If you have assumed the duties of the position, you are entitled to receive your salary at once without awaiting the approval of your appointment by the Civil Service Commission. The appointment remains effective until disapproved by the CSC.

EFFECTIVITY OF AN APPOINTMENT

In no case an appointment is made effective earlier than the date of its issuance. The date of issuance is the date appearing below the signature of the appointing authority.

EFFECTIVITY OF AN APPOINTMENT

It is prohibited to make appointments effective prior to the publication of the vacancy pursuant to RA 7041.

Appointments cannot take effect also earlier than the date of final screening/evaluation of the agency’s Personnel Selection Board.

EFFECTIVITY OF AN APPOINTMENT

In case you are from a local government unit and your appointment requires concurrence of the Sanggunian itself, its effectivity date shall not be earlier than the date of such concurrence.

Your appointment must be submitted to the Civil Service Commission within 30 days from the date of issuance. Otherwise, it shall be made effective 30 days prior to the date of submission to CSC.

APPOINTMENT PREPARATION

Your appointment is prepared in the prescribed form in triplicate copies (CS Form 33) and duly signed by the appointing authority.

It is accompanied by several documents such as: (1) PDS (CS Form 212); (2) Position Description Form; (3) Certification (on Appointment Paper) by the appointing authority or his/her duly authorized representative, that all requirements have been complied with, reviewed by him/her, and found to be in order;

APPOINTMENT PREPARATION

(4) Medical Certificate for original appointment and reemployment; (5) Certified true copy of the decision of your administrative or criminal case or any of your official record, if any, in case you have a decided case or your appointment by promotion if found guilty in an administrative case; (6) NBI Clearance; (7) Performance Rating; (8) License; and (9) Result of neuro-psychiatric examination among others.

APPOINTMENT FOR DEMOTION

Appointment involving demotion which is not disciplinary in nature shall be accompanied by a (1) certification of the agency head that your demotion is not the result of an administrative case; (2) your written consent that you interpose no objection to your demotion.

Unless otherwise, specifically required in certain cases, only the PDS is attached in your appointment submitted to the CSC. The other required supporting documents are retained in your 201 files.

Erasures or alterations made on your appointment and other supporting documents should be duly initialed by authorized officials and accompanied by a communication specifying and authenticating all changes made.

A new appointment is not required for an adjustment in your salary as a result of increase in your pay level which does not involve a change in your duties and responsibilities. However, a copy of the notice of salary adjustment for record purposes, is submitted to the CSC.

DISAPPROVAL OF APPOINTMENTS

The CSC will disapprove your appointment if you:

1. do not meet the qualification requirements for the position; or

2. have been found guilty of a crime involving moral turpitude, or of infamous, disgraceful conduct or addiction to narcotics, or dishonesty; or

3. have been dismissed from the service for cause, unless an executive clemency has been granted; or

DISAPPROVAL OF APPOINTMENTS

4. have intentionally made a false statement of any material fact or has practiced or attempted to practice any deception or fraud in connection with your appointment; or

5. have been appointed to a position without an approved qualification standards; or

6. have been issued such appointment in violation of existing Civil Service law, rules and regulations.

RECALL OF APPOINTMENTS

Your initially approved appointment may be recalled on the following grounds:

1. non-compliance with the procedures/ criteria provided in your agency’s Merit Promotion Plan; or

2. failure to pass through the agency’s Personnel Selection Board; or

3. violation of the existing collective agreement between management and employees relative to promotion; or

4. violation of other existing civil service law, rules and regulation.

Request for reconsideration of action taken by the CSC office is made by your appointing authority and to be submitted to the CSC office concerned within 15 days from the date of receipt of your appointment.

If you have assumed the duties of the position and your appointment is disapproved by the CSC, then you shall be paid your salary from the date of your assumption of duty (which should not be earlier than the date of issuance of appointment) up to the day the disapproval becomes final. This is the applicable rule when the basis for the initial disapproval of your appointment is your failure to meet the qualification standards for the position.

If your appointment is unlawful, the appointing authority is personally liable for the payment of your salary.

If the ground for disapproval is in violation of RA 7041 (Publication of Vacant Positions), payment of your salary is also the personal liability of the appointing authority.

STATUS OF APPOINTMENT (CAREER SERVICE)

1. PERMANENT APPOINTMENT This is issued to you if you meet all the

minimum requirements of the position to which you are being appointed, including the appropriate eligibility prescribed.

STATUS OF APPOINTMENT (CAREER SERVICE)

2. TEMPORARY APPOINTMENT Your are issued this appointment if you

meet al the requirements for the position to which you are being appointed except the appropriate civil service eligibility.

However, temporary appointment will be issued only to you in the absence of a qualified eligible actually available, as certified by the CSC Regional Director or Field Officer concerned.

STATUS OF APPOINTMENT (CAREER SERVICE)2. TEMPORARY APPOINTMENT A temporary appointment is good only

for 12 months, but you may be replaced anytime if a qualified eligible who is willing to accept the appointment in the civil service becomes actually available.

STATUS OF APPOINTMENT (CAREER SERVICE)

3. SUBSTITUTE APPOINTMENT You are issued this appointment when

the regular incumbent of a position is temporarily unable to perform the duties of his/her position due to any of the following reasons: on official leave for at least three months (except teachers), under suspension, on a scholarship or training grant, or is on secondment. Your substitute appointment is good only until the former incumbent returns to his/her position.

NON-CAREER SERVICE CATEGORIES 1. CO-TERMINOUS When entrance and continuity in the service are

based on trust and confidence of the appointing authority or of the head of the organizational unit where assigned; or co-existent with the incumbent; or limited by the duration of the project; or co-existent with the period for which an agency or office was created, a co-terminous appointment will be issued to you.

Categories of co-terminous appointments: Co-terminous with the appointing authority Co-terminous with the head of organizational unit where

assigned Co-terminous with the incumbent Co-terminous with the project Co-terminous with the life span of the agency

NON-CAREER SERVICE CATEGORIES

2. CONTRACTUAL Appointment issued to you if you will

undertake a specific work or job for a limited period, not to exceed one year.

NON-CAREER SERVICE CATEGORIES

3. SEASONAL/EMERGENCY/ CASUAL EMPLOYMENT

The employing agency resorts only to this type of appointment, when the services are essential and necessary and its regular staff is insufficient or inadequate to carry out the demands of the service.

Emergency and seasonal appointments are classified as casual in nature. However, as a casual employee you usually enjoy longer period of services depending on the duration of the project undertaken by your agency.

OTHER PERSONNEL ACTIONS

Personnel Action – Any action denoting the movement or progress of personnel in the civil service

1. ORIGINAL APPOINTMENT – refers to your initial entry into the career and non-career service

The first six months of your service is probationary in nature.

If no notice of termination is given by the appointing authority before the expiration of the 6-month probationary period, your appointment becomes automatically permanent.

2. PROMOTION – is a movement from one position to another with an increase in your duties and responsibilities as authorized by law and is usually accompanied by an increase in pay.

It may be from one department or agency to another, or from one organizational unit to another in the same department or agency.

3. TRANSFER – is a movement from one position which is of equivalent rank, level or salary, to another without break in service. Transfer involves the issuance of an appointment.

Transfer may be from one department or agency to another or from one organizational unit to another in the same department or agency.

Transfer is effective the day following your last day of service in your former agency. If you seek appointment by transfer or promotion to another office, you usually first give notice to the head of agency stating the date of your transfer. If your request to transfer is not granted by the agency head, it is considered approved after the lapse of 30 days from the date of your notice to the head of agency.

If your fail to transfer on the specified date, you are considered resigned and your reemployment is at the discretion of the agency head.

4. DETAIL – is your temporary movement from one department or agency to another. It does not involve a reduction in your rank, status, or salary and does not require the issuance of another appointment.

Detail is allowed only for a limited period if you are occupying professional, technical and scientific position. If you believe that there is no justification for your detail, you may appeal your case to the CSC. Pending the appeal, the decision to detail you is executory unless otherwise ordered by the CSC.

5. REINSTATEMENT – refers to your reappointment if you have been previously appointed to a position in the career service and who have, no delinquency or misconduct, been separated from the service.

It is also called restoration if you have been exonerated of administrative charges. If exonerated, you are considered not to have left the service.

6. REEMPLOYMENT – pertains to your reappointment if you have been previously appointed to a position in the career or non-career service but was separated as a result of reduction in force, reorganization, retirement, voluntary resignation, non-disciplinary actions such as dropping from the rolls and other modes of separation. Your reemployment presupposes a gap in the service.

If you have been previously retired and has not reached the compulsory age requirement of 65, prior authority is no longer required for reemployment.

7. REAPPOINTMENT – is a re-issuance of your appointment during reorganization, devolution, salary standardization, re-nationalization or similar events. Reappointment presupposes no gap in the service.

8. REASSIGNMENT – is movement from one organizational unit to another in the same department or agency. This does not involve a reduction of rank, status or salary. It is presumed to be regular and made in the interest of public service, unless proven otherwise or if it constitutes constructive dismissal. It is allowed only for a maximum period of one year if made without your consent.

9. DEMOTION – is movement from one position to another involving the issuance of an appointment with reduction in your duties, responsibilities, status or rank, which may or may not involve reduction in your salary and is not disciplinary in nature.

10. SECONDMENT – is movement from one department or agency to another, which is temporary in nature, and which may or may not require issuance of an appointment but may either involve reduction or increase in your compensation. Acceptance thereof is voluntary on your part.

Secondment is governed by the following guidelines:

1. Secondment for a period exceeding one year, including extension thereof for less than one year is subject to approval by the CSC.

2. Secondment to international bodies or organizations recognized by the Philippine government may be allowed.

3. Secondment is limited to employees occupying managerial, professional, technical and scientific positions.

4. Secondment is covered by a MOA between the mother agency and the receiving agency and concurred in by you. The MOA is submitted to CSC within 30 days from signing of the contract.

5. Any violation of the provisions of the MOA is a ground for discontinuance of your secondment without prejudice to the filing of disciplinary action against you.

6. The period of secondment is for a maximum of three years except otherwise provided by law or as required under bilateral multilateral agreements.

7. Payment of your salaries as a seconded employee is borne by the receiving agency.

8. You are considered on leave without pay in your mother agency for the duration of the secondment. During such period, you will earn leave credits that are commutable immediately thereafter and payable by the receiving agency.

9. Your acceptance of scholarships shall terminate your secondment.

10. If you are on secondment, you will not be considered for promotion during such period.

LIMITATIONS/PROHIBITIONS ON APPOINTMENTS 1. If you are elective/appointive official,

you are not eligible for appointment in any capacity to any public office or position during your tenure.

2. If you are a candidate who had lost in any election (except barangay election), you cannot be appointed to any office in the government or any government-owned or controlled corporation or their subsidiaries within 1 year after the election.

3. If you file a certificate of candidacy, even if later on you are disqualified or have withdrawn, you are still considered resigned.

LIMITATIONS/PROHIBITIONS ON APPOINTMENTS 4. If you resigned from the government

service during the three month period before any election to promote the candidacy of another, you are not eligible for reappointment during the six month period following such election.

5. Detail or reassignment cannot be made within 3 months before any election, unless with the permission of the COMELEC.

6. If you are a head of unit/field office/ provincial office of an oversight agency, you and your staff are prohibited from transferring or being appointed to any position in the department agency/office/local government to which your unit or office is assigned or designated to oversee.

LIMITATIONS/PROHIBITIONS ON APPOINTMENTS 7. If you are an appointing or

recommending authority or the chief of a bureau or office or a person exercising immediate supervision, you cannot appoint your relative to a position in the national, provincial, city & municipal governments or in any branch or instrumentality, including government-owned and controlled corporations.

The word relative and members of the family refers to your relatives within the third degree either of consanguinity or of affinity.

LIMITATIONS/PROHIBITIONS ON APPOINTMENTS In the local government career service, this

prohibition extends to the relatives of the appointing or recommending authority within the fourth civil degree of consanguinity or affinity.

Exempted from this rule on nepotism are the following:Persons employed in a confidential capacityTeachersPhysiciansMembers of the Armed Forces of the

Philippines Nepotism rules cover all kinds of appointment,

be they original, promotional, transfer or reemployment regardless of status.

LIMITATIONS/PROHIBITIONS ON APPOINTMENTS 8. If you reached the compulsory

retirement age of 65, you cannot be appointed to any position in the government, except to personal and confidential staff positions. Your appointment however is only under a temporary status.

9. If you have been dismissed from the service or perpetually excluded/disqualified from the government service, you cannot be appointed or reemployed unless you have been granted an executive clemency.

LIMITATIONS/PROHIBITIONS ON APPOINTMENTS 10. If you are appointed to a position

in the non-career service, you cannot perform the duties properly belonging to any position in the career service.

11. If you are employed in LGUs, no changes in your designation or nomenclature of your position resulting in promotion or demotion in rank or increase or decrease in compensation shall be allowed except when the position is actually vacant.

LIMITATIONS/PROHIBITIONS ON APPOINTMENTS

12. If you are a contractual employee, a consultant or appointed to a non-career position, you cannot be designated to a position exercising control and supervision over regular and career personnel.