Article 130p. 130

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

SECTION 9. To ensure objectivity in promotion, a

Selection/Promotion Board shall be established in every

department or agency which shall be responsible for the

adoption

of

a

formal

screening

procedure

and

formulation of criteria for the evaluation of candidates for

promotion.

Reasonable and valid standards and methods of

evaluating

the

competence

and qualifications of all

employees competing for a particular position shall be

established

and

applied

fairly

and

consistently.

The

criteria

established

for

evaluation

of qualification of

candidates for promotion must suit the job requirements

of the position.

The Selection/Promotion Board shall then evaluate

the qualifications of an employee being considered for

promotion in accordance with the department or agency

Merit Promotion Plan.

The

Selection/Promotion

Board

shall

likewise

determine en banc the list of employees recommended

for promotion from which the appointing authority may

choose the employee to be promoted. In preparing the

list, the Board shall see to it that the qualifications of

employees

recommended

for

promotion

are

comparatively at par and that they are the best qualified

from among the candidates.

As soon as the promotional appointment is issued, a

notice announcing the promotion shall be posted by the

head of the Personnel Division/department/office on the

bulletin board of the department, agency or regional

offices concerned.

The

Selection/Promotion

Board

shall

maintain

records of deliberations which shall be available for

inspection by the Commission or its duly authorized

representatives.

SECTION

10.

In

filling

supervisory

positions

the

Selection/Promotion

Board

shall

develop

criteria

for

managership and leadership which shall constitute one

of

the

instruments

for

selection

of

candidates

for

promotion.

SECTION

11.

Each

department

or

agency

shall

establish a qualification index of all employees. For this

purpose, individual personnel folders shall be kept and

made available to the Selection/Promotion Board and

shall be open at all times for the inspection of the

Commission.

These

folders

shall

give

the

following

information about the employee's record of performance,

occupational

history,

educational

attainment,

special

studies and training, civil service eligibilities and other

relevant data.

SECTION 12. Each department or agency shall have a

Merit Promotion Plan including a System of Ranking

Positions.

Newly

organized

and/or

reorganized

departments or agencies shall develop a Merit Promotion

Plan which shall be submitted to the Commission for

approval

within

a

year

from

its

organization

or

reorganization.

All

Merit

Promotion

Plans

shall

be

continually updated and any changes or amendments

shall take effect six months from date of approval by the

Commission. All employees shall be informed by the

department or agency of the Merit Promotion Plan and

System of Ranking Positions and amendments thereto,

as approved.

The Commission shall provide technical assistance to

the departments and agencies in the preparation of Merit

Promotion Plans and System of Ranking Positions and

shall monitor their implementation.

SECTION 13. All appointments involved in a chain of

promotions

must

be

submitted

simultaneously

for

approval by the Commission. The disapproval of the

appointment of a person proposed to a higher position

invalidates the promotion of those in lower positions and

automatically restores them to their former positions.

However,

the

affected

persons

are

entitled

to

the

payment of salaries for services actually rendered at a rate

fixed in their promotional appointments.

SECTION 14. When an employee has a pending

administrative case, he shall be disqualified for promotion

during the pendency thereof.

If he is found guilty, he shall be disqualified for

promotion for a period based on the penalty imposed as

prescribed by the Commission.

For purposes of this Rule, a pending administrative

case

shall

be

construed

as

follows:

(1)

when

the

disciplining authority has already filed a formal charge; or

(2) in case of a complaint filed by a private person, a

prima

facie

case

is

already

found

to

exist

by

the

disciplining authority.

SECTION

15.

Within

15

days from notice of the

issuance of an appointment, a next-in-rank employee

who is competent and qualified and who feels aggrieved

by the promotion of another may file a protest with the

department or agency head who shall make a decision

within 30 days from receipt of the protest.

The employee who is not satisfied with the decision

of the department or agency head may further appeal

within 15 days from receipt thereof to the Merit Systems

Protection Board. The Board shall render a decision

within

60

days

from

the

time

the

protest case is

submitted for decision. The decision of the Board is final

except those involving division chiefs or officials of higher

ranks, which may be appealed to the Commission. Those

involving positions below division chief may be subject of

review by the Commission.

SECTION 16. An employee who is still not satisfied

with

the decision of the Board may appeal to the

Commission within 15 days from receipt of the decision.

The decision of the Commission is final and executory

if no petition for reconsideration is filed within 15 days

from receipt thereof.

SECTION 17. In all instances only one petition for

reconsideration shall be entertained. The petitioner shall

point out errors in the original decision or he shall present

new evidences.

SECTION 18. Failure to file a protest, appeal, petition

for reconsideration or petition for review within the

prescribed period shall be deemed a waiver of such right

and shall render the subject action/decision final and

executory.

SECTION 19. An appointment though contested shall

take

effect

immediately

upon

its

issuance

if

the

appointee assumes the duties of the position and the

appointee is entitled to receive the salary attached to the

position. However, the appointment, together with the

decision of the department head shall be submitted to

the Commission for appropriate action within 30 days

from the date of its issuance otherwise the appointment

becomes

ineffective

thereafter.

Likewise,

such

an

appointment shall become ineffective in case the protest

is finally resolved against the protestee, in which case he

shall be reverted to his former position.

SECTION 20. Notwithstanding the initial approval of

an appointment, the same may be recalled on any of the

following grounds:

(a)

non-compliance

with

the

procedures/criteria

provided in the agency's Merit Promotion Plan;

(b)

failure

to

pass

through

the

agency's

Selection/Promotion Board;

(c) violation of the existing collective agreement

between

management

and

employees

relative

to

promotion; or

(d) violation of other existing civil service law, rules

and regulations.

© Compiled by RGL

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