Article 131p. 131

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

RULE VII Other Personnel Actions

SECTION

1.

The

following

constitute

personnel

actions:

original

appointment,

appointment

through

certification,

promotion,

transfer,

reinstatement,

reemployment,

detail,

secondment,

demotion

and

separation.

SECTION 2. Original appointment refers to initial

entry into the career service under a permanent status of

a person who meets all the requirements of the position

including the civil service eligibility.

(a) All such persons must serve a probationary period

of six months following their original appointment and

shall

undergo

a

thorough character investigation. A

probationer

may

be

dropped

from

the

service

for

unsatisfactory conduct or want of capacity any time

before

the

expiration

of

the

probationary

period:

Provided,

That

such

action

is

appealable

to

the

Commission.

(b) All original appointments of qualified persons to

positions

in

the

career

service

shall

henceforth

be

proposed as permanent. It is understood that the first six

months

of

service

will

be

probationary

in

nature.

However, if no notice of termination or unsatisfactory

conduct or want of capacity is given by the appointing

authority to the employee before the expiration of the

six-month

probationary

period,

the

appointment

automatically becomes permanent.

SECTION 3. An appointment through certification to a

position in the civil service, except as herein otherwise

provided, shall be issued to a person who has been

selected from a list of qualified persons certified by the

Commission from an appropriate register of eligibles, and

who meets all the other requirements of the position.

SECTION 4. Promotions shall be governed by Rule VI

hereof.

SECTION 5. A transfer is a movement from one

position to another which is of equivalent rank, level or

salary without break in service involving the issuance of

an appointment.

The transfer may be from one department or agency

to another or from one organizational unit to another in

the same department or agency: Provided, however, That

any movement from the non-career service to the career

service shall not be considered a transfer.

Transfer shall not be considered disciplinary when

made in the interest of public service, in which case, the

employee concerned shall be informed of the reasons

therefor.

If

the

employee

believes

that

there is no

justification for the transfer, he may appeal his case to the

Commission.

Heads

of

oversight

agencies

and their staff are

prohibited from transferring or being appointed to any

position

in

the

department/agency/office/local

government unit which his unit is assigned or designated

to oversee within one year after the termination of such

assignment/designation.

The prohibition contemplates only transfer of officials

of those offices/units who are in a position to exert

pressure or influence on the new or accepting agency but

not to cover those occupying clerical and skilled positions

such as clerks and drivers.

An employee who seeks appointment by transfer or

promotion to another office shall first secure permission

from the head of the department or agency where he is

employed.

The permission to seek transfer to another office shall

be valid for 30 days from the date it was granted but it

may be renewed for another thirty 30 days upon request

of the employee.

A head of department or agency shall not propose or

make an appointment for the transfer or promotion of an

employee to his department or agency until the written

consent of the head of department or agency where the

employee is employed has been obtained.

SECTION 6. Reinstatement is the reappointment of a

person who has been previously appointed to a position

in

the

career

service

and

who

has,

through

no

delinquency or misconduct, been separated therefrom or

the restoration of one who has been exonerated of the

administrative charges filed against him.

SECTION 7. Reemployment is the reappointment of a

person who has been previously appointed to a position

in the career service but who has been separated as a

result

of

reduction

in

force,

reorganization

and/or

voluntary resignation.

No elective official shall be eligible for appointment to

any office or position during his tenure of office. A person

who

lost

in

an

election

shall

not

be

eligible

for

appointment or reappointment to any office in the

government

or

government-owned

or

controlled

corporation within one year following such election.

A person who resigned from the civil service during

the three-month period before any election, whether

national or local, to promote the candidacy of another,

shall

not

be

eligible

for

reappointment

during

the

six-month period following such election.

SECTION 8. A detail is the movement of an employee

from one department or agency to another which is

temporary in nature, which does not involve a reduction

in rank, status or salary and does not require the issuance

of another appointment.

The employee detailed receives his salary only from

his mother unit/agency.

Detail shall be allowed only for a limited period in the

case of employees occupying professional, technical and

scientific position. If the employee believes that there is

no justification for the detail, he may appeal his case to

the Commission. Pending the appeal, the decision to

detail the employee shall be executory unless otherwise

ordered by the Commission.

SECTION

9.

Secondment

is

a

movement

of

an

employee from one department or agency to another

which is temporary in nature and which may or may not

require the issuance of an appointment but may either

involve reduction or increase in compensation.

Secondment shall be governed by the following

general guidelines:

(a) Secondment for a period exceeding one year shall

be subject to approval by the Commission.

(b) Secondment to international bodies/organizations

recognized

by

the

Philippine

government

may

be

allowed.

(c) Secondment shall always be covered by a written

agreement

between

the

mother

agency

and

the

receiving agency and concurred in by the employee

seconded. Such agreement shall be submitted to the

Commission for records purposes.

(d) Payment of salaries of seconded employee shall

be borne by the receiving agency. In case of a higher

compensation covered by a duly issued appointment

within the Philippine government, the same may be used

for the purpose of computing his retirement benefits but

not for the purpose of commutation of leave credits

earned

in

the

mother

agency.

In

case

of

a

lower

compensation,

the

mother

agency

shall

pay

the

difference.

This

rule

does

not

apply

in

cases

of

secondment to international agencies.

(e) The seconded employee shall be on leave without

pay

in

his

mother

agency

for

the

duration

of

his

secondment, and during such period, he may earn leave

credits which are commutable immediately thereafter at

and payable by the receiving agency.

© Compiled by RGL

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