Article 95p. 95

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

agencies

or

instrumentalities

including

government-owned

or

controlled

corporations

with

original charters, then to the Merit System Protection

Board, and finally to the Civil Service Commission an

appointment made in favor of another employee if the

appellant is not satisfied with the written special reason

or reasons given by the appointing authority for such

appointment; Provided, however , that the decision of the

Civil Service Commission may be reviewed on certiorari

only by the Supreme Court within thirty (30) days from

receipt

of

the

decision

of

the aggrieved party. For

purposes of this Section, "qualified next-in-rank" refers to

an employee appointed on a permanent basis to a

position previously determined to be next-in-rank and

who meets the requirements for appointment thereto as

previously determined by the appointing authority and

approved by the Commission.

(7) Qualification in an appropriate examination shall be

required for appointment to positions in the first and

second levels in the career service in accordance with the

Civil Service rules, except as otherwise provided in this

Title: Provided , That whenever there is a civil service

eligible actually available for appointment, no person who

is not such an eligible shall be appointed even in a

temporary capacity to any vacant position in the career

service in the government or in any government-owned

or controlled corporation with original charter, except

when the immediate filling of the vacancy is urgently

required in the public interest, or when the vacancy is not

permanent, in which cases temporary appointments of

non-eligibles may be made in the absence of eligibles

actually and immediately available.

(8) The appropriate examinations herein referred to

shall be those given by the Commission and the different

agencies: Provided, however , That nothing herein shall

affect those eligibilities acquired prior to the effectivity of

the Civil Service Law: Provided, further , That a person with

a civil service eligibility acquired by successfully passing

an examination shall be qualified for a position requiring

a lower eligibility if he possesses the other requirements

for appointment to such position.

SECTION

22.

Qualification

Standards .

—

(1)

A

qualification

standard

expresses

the

minimum

requirements

for

a

class

of

positions

in

terms

of

education, training and experience, civil service eligibility,

physical

fitness,

and

other

qualities

required

for

successful performance. The degree of qualifications of

an officer or employee shall be determined by the

appointing authority on the basis of the qualification

standard for the particular position.

Qualification standards shall be used as basis for civil

service examinations for positions in the career service, as

guides in appointment and other personnel actions, in

the

adjudication

of

protested

appointments,

in

determining training needs, and as aid in the inspection

and audit of the agencies' personnel work programs.

It

shall

be

administered

in

such

manner

as

to

continually provide incentives to officers and employees

towards professional growth and foster the career system

in the government service.

(2)

The

establishment,

administration

and

maintenance

of

qualification standards shall be the

responsibility of the department or agency, with the

assistance and approval of the Civil Service Commission

and

in

consultation

with

the

Wage

and

Position

Classification Office.

SECTION 23. Release of Examination Results . — The

results of any particular civil service examination held in a

number of places on the same date shall be released

simultaneously.

SECTION 24. Register of Eligibles . — The names of the

competitors who pass an examination shall be entered in

a register of eligibles arranged in the order of their

general ratings and containing such information as the

Commission may deem necessary.

SECTION 25. Cultural Communities . — In line with the

national

policy

to

facilitate

the

integration

of

the

members of cultural communities and accelerate the

development

of

the

areas

occupied

by

them,

the

Commission shall give special civil service examinations

to qualify them for appointment in the civil service.

SECTION 26. Personnel Actions . — 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. A non-eligible shall not be

appointed to any position in the civil service whenever

there is a civil service eligible actually available for and

ready to accept appointment.

As

used

in

this

Title,

any

action

denoting

the

movement or progress of personnel in the civil service

shall be known as personnel action. Such action shall

include appointment through certification, promotion,

transfer,

reinstatement,

re-employment,

detail,

reassignment, demotion, and separation. All personnel

actions shall be in accordance with such rules, standards,

and

regulations

as

may

be

promulgated

by

the

Commission.

(1)

Appointment

through

certification .

—

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.

All such persons must serve a probationary period of

six months following their original appointment and shall

undergo a thorough character investigation in order to

acquire permanent civil service status. 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.

(2) Promotion . — A promotion is a movement from

one position to another with an increase in duties and

responsibilities

as

authorized

by

law

and

usually

accompanied by an increase in pay. The movement may

be from one department or agency to another or from

one

organizational

unit

to

another

in

the

same

department or agency.

(3) Transfer . — 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.

It 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.

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.

(4)

Reinstatement .

— Any person who has been

permanently appointed to a position in the career service

and who has, through no delinquency or misconduct,

been

separated

therefrom,

may

be

reinstated

to a

position in the same level for which he is qualified.

(5) Reemployment . — Names of persons who have

been appointed permanently to positions in the career

service and who have been separated as a result of

reduction in force or reorganization, shall be entered in a

list from which selection for reemployment shall be

made.

(6) Detail . — A detail is the movement of an employee

from one agency to another without the issuance of an

appointment and shall be allowed, only for a limited

period in the case of employees occupying professional,

technical and scientific positions. If the employee believes

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