Article 128p. 128

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

SECTION 5. Whenever necessary, the Commission

shall provide technical assistance to departments and

agencies

in

the

development

of

their

qualification

standards.

SECTION 6. Until December 31, 1992, substitution of

deficiencies in education, training or experience may be

allowed interchangeably with one another, except for

positions

covered

by

special

laws

where

minimum

qualifications are prescribed. After December 31, 1992, no

such substitution shall be allowed.

SECTION

7.

It

shall

be the responsibility of the

departments and agencies to establish, administer and

maintain the qualification standards on a continuing

basis as an incentive to career advancement.

RULE V Appointment

SECTION 1. All appointments in the career service

shall be made only according to merit and fitness to be

determined

as

far

as

practicable

by

competitive

examinations.

As

used

in

these

Rules,

any

action

denoting

movement or progress of personnel in the civil service

shall be known as personnel action. Such action shall

include

promotion,

transfer,

reinstatement,

reemployment,

detail,

secondment,

reassignment,

demotion and separation. All original appointments and

personnel actions shall be in accordance with these Rules

and with other regulations and standards that may be

promulgated by the Commission.

SECTION 2. In the selection of personnel for his

department or agency, the appointing authority shall be

guided by the Civil Service Law and Rules.

SECTION 3. When two or more applicants meet the

minimum requirements for the position, objective criteria

must be set to determine who is the most fit and

meritorious among all the applicants to ensure that the

exercise of management discretion is not abused.

SECTION 4. Except as otherwise provided herein, a

person who meets all the requirements of the position

including the appropriate civil service eligibility shall be

appointed to a position in the first and second levels.

However,

when

the

immediate

filling

of

a vacancy

becomes

necessary,

taking

into

account

the

public

interest, and a person with an appropriate civil service

eligibility is not actually and immediately available, a

person without the appropriate civil service eligibility but

who meets the other requirements of the position may

be appointed. His appointment shall be temporary for a

period of not more than 12 months and he may be

replaced at any time with one who has an appropriate

civil service eligibility.

SECTION 5. * Each appointment shall be prepared in

the prescribed form and duly signed by the appointing

authority.

Each appointment shall be accompanied by the

following:

(1) Personal Data Sheet (CS Form 212);

(2) Job Description Form (CS Form 122-D):

(3) Certification by the appointing authority or his

duly authorized representative in the agency concerned

to the effect that all requirements have been complied

with, reviewed by him and found to be in order;

(4)

Certified

true

copy

of

the

decision

in

the

administrative or criminal case or any official record

thereof of the appointee, if any;

(5) Clearance *

a. For original appointment NBI Clearance

b. For reinstatement/reemployment

(1) NBI clearance

(2) Clearance from previous/former office or agency

c. Renewal of temporary, casual or contractual

None required

SECTION 6. The submission of Personal Data Sheet

(CS Form 212) and Position Description Form (CS Form

122-D) as supporting documents for every renewal of

appointment of casual/emergency employee/laborer is

dispensed with. However, said personnel may submit

another Personal Data Sheet if there is any new material

fact or vital information concerning his qualifications.

SECTION 7. The Commission shall disapprove the

appointment of a person who:

(a) does not meet the qualifications for the position;

or

(b) has been found guilty of a crime involving moral

turpitude,

or

of

infamous,

disgraceful

conduct

or

addiction to narcotics, or dishonesty; or

(c) has been dismissed from the service for cause,

unless an executive clemency has been granted; or

(d) has intentionally made a false statement of any

material fact or has practiced or attempted to practice

any

deception

or

fraud

in

connection

with

his

appointment; or

(e) has been issued such appointment in violation of

existing Civil Service Law, rules and regulations.

SECTION 8. A vacancy in the career service may be

filled by promotion, transfer of present employees in the

government service, reinstatement, reemployment, or by

certification of appropriate civil service eligible.

SECTION

9.

An

appointment

accepted

by

the

appointee

cannot

be

withdrawn

or revoked by the

appointing authority and shall remain in force and effect

until

disapproved

by

the

Commission.

However,

an

appointment may be void from the beginning due to

fraud on the part of the appointee or because it was

issued in violation of law.

SECTION 10. * An Appointment issued in accordance

with

pertinent

laws

and

rules

shall

take

effect

immediately

upon

its

issuance

by

the

appointing

authority, and if the appointee has assumed the duties of

the position, he shall be entitled to receive his salary at

once without awaiting the approval of his appointment

by

the

Commission.

The

appointment

shall

remain

effective until disapproved by the Commission. In no case

shall an appointment take effect earlier than the date of

its issuance.

SECTION 11. An appointment not submitted to the

Commission within 30 days from the date of issuance

which shall be the date appearing on the face of the

appointment,

shall

be

ineffective.

The

appointing

authority shall be liable for the salaries of the appointee

whose appointment became ineffective. The appointing

authority shall likewise be liable for the payment of the

salary of the appointee if the appointment is disapproved

because the appointing authority has issued it in violation

of

existing

laws

or

rules,

making

the

appointment

unlawful.

SECTION 12. No new appointment shall be required

for an adjustment in salary as a result of increase in pay

level which does not involve a change in duties and

responsibilities. However, a copy of the notice of salary

adjustment shall be submitted to the Commission for

record purposes.

SECTION 13. Appointment in the career service shall

be permanent or temporary.

a. Permanent Status. A permanent appointment

shall

be

issued

to

a

person

who

meets

all

the

requirements for the position to which he is being

appointed/promoted, including the appropriate eligibility

prescribed, in accordance with the provisions of law, rules

and standards promulgated in pursuance thereof.

© Compiled by RGL

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