Article 129p. 129

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

An appointment issued by the appointing authority

under a temporary status to a person who meets all the

requirements for the position to which he is being

appointed, including the appropriate eligibility, shall be

disapproved by the Commission for violation of Section 27

(1), Book V of Executive Order No. 292 except when it

pertains to certain occupational groups for which prior

clearance has been obtained from the Commission.

b. Temporary Status. In the absence of appropriate

eligibles in the area willing and able to assume the

position, as certified by the CSRO Regional Director

concerned,

and it becomes necessary in the public

interest to fill a vacancy, a temporary appointment shall

be issued to a person who meets all the requirements for

the position to which he is being appointed except the

appropriate civil service eligibility: Provided, That such

temporary appointment shall not exceed twelve months,

but the appointee may be replaced sooner if a qualified

civil service eligible becomes available.

The Commission however, recognizes special cases of

appointments in the career service such as in the field of

medicine and education where the requirements for

permanency is based not only on eligibility. These cases

shall be governed by Memorandum Circulars which the

Commission may promulgate from time to time.

SECTION

14.

An

appointment

may

also

be

coterminous which shall be issued to a person whose

entrance and continuity in the service is based on the

trust and confidence of the appointing authority or that

which is subject to his pleasure, or co-existent with his

tenure, or limited by the duration of project or subject to

the availability of funds.

The coterminous status may be further classified into

the following:

(1)

coterminous

with

the

project

—

when

the

appointment

is

co-existent

with

the

duration

of

a

particular project for which purpose employment was

made or subject to the availability of funds for the same;

(2) coterminous with the appointing authority —

when appointment is co-existent with the tenure of the

appointing authority or at his pleasure;

(3) coterminous with the incumbent — when the

appointment is co-existent with the appointee, in that

after the resignation, separation or termination of the

services of the incumbent the position shall be deemed

automatically abolished; and

(4)

coterminous

with

a

specific

period

—

appointment is for a specific period and upon expiration

thereof, the position is deemed abolished.

For purposes of coverage or membership with the

GSIS, or their right to security of tenure, coterminous

appointees, except those who are coterminous with the

appointing authority, shall be considered permanent.

SECTION 15. In the case of teachers, the Commission

recognizes

the

provisional

and

substitute

status

of

appointment as provided for and defined under the

Magna Carta for Public School Teachers ( RA 4670 ).

SECTION

16.

The

Civil

Service

Commission

shall

publish a complete list of all existing vacant positions in

the government throughout the country at least once

every

quarter

including

the

qualification

standards

required for each position.

SECTION

17.

All

vacant

positions

in

the

agency

authorized to be filled shall be posted in at least three

conspicuous places of the respective offices.

SECTION 18. The appointing authority shall not fill,

and the Commission shall not act on any appointment

unless

the

same

has

been

posted

by

the

agency

concerned and published by the Commission.

SECTION

19.

All

appointments

issued

by

the

appointing

authority

shall be posted in the agency

concerned for a period of at least one week.

RULE VI Promotion

SECTION 1. Promotion is the advancement of an

employee from one position to another with an increase

in duties and responsibilities as authorized by law, and

usually accompanied by an increase in salary.

Promotion may be from one department or agency

to another or from one organizational unit to another in

the same department or agency.

SECTION 2. Whenever a position in the first level

becomes vacant, the employees in the department or

agency who occupy positions deemed to be next-in-rank

to the vacancy, shall be considered for promotion. In the

second level, those employees in the government service

who occupy next-in-rank positions shall be considered for

promotion to the vacancy.

SECTION 3. A next-in-rank position refers to a position

which, by reason of the hierarchical arrangement of

positions

in

the

department

or

agency

or

in

the

government, is determined to be in the nearest degree of

relationship to a higher position as contained in the

agency's System of Ranking Positions.

SECTION 4. An employee who holds a next-in-rank

position

who

is

deemed

the

most

competent

and

qualified, possesses an appropriate civil service eligibility,

and meets the other conditions for promotion may be

promoted to the higher position when it becomes vacant.

However, the appointing authority may promote an

employee who is not next-in-rank but, who possesses

superior qualifications and competence compared to a

next-in-rank employee who merely meets the minimum

requirements for the position.

SECTION 5. The comparative degree of competence

and qualification of employees shall be determined by

the

extent

to

which

they

meet

the

following

requirements at the time of the appointment:

(a)

Performance

—

this

shall

be

based on last

performance

rating

of

the

employee.

However,

no

employee shall be considered for promotion unless his

last performance rating is at least very satisfactory.

(b) Education and Training — these shall include

educational background and successful completion of

training courses, scholarships, training grants and others.

Such education and training must be relevant to the

duties of the position to be filled.

(c) Experience and Outstanding Accomplishments —

these shall include occupational history, work experience

and accomplishments worthy of special commendation.

(d) Physical Characteristics and Personality Traits —

these

refer

to

the

physical

fitness,

attitudes

and

personality traits of the individual which must have a

bearing on the position to be filled.

(e) Potential — this takes into account the employee's

capability not only to perform the duties and assume the

responsibilities of the position to be filled but also those

of higher and more responsible positions.

SECTION 6. The appointing authority may promote an

employee who far exceeds the requirements of the

position

compared

to

one

who

merely

meets

the

minimum requirements of the position.

SECTION

7. In cases where the qualifications of

employees are comparatively at par, preference may be

given to the employee in the organizational unit where

the vacant position is or in the department or agency

where the vacancy is, in the case of second level positions.

SECTION 8. No other civil service eligibility shall be

required for promotion to a higher position in the same

level

and

within

the

same

or

functionally

related

grouping of positions. Agencies shall not be precluded

from

prescribing

their

own

internal

standards

for

purposes of promotion.

© Compiled by RGL

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