Answer First
Primary Text
Attrition- Within five (5) years from the approval of this Act, no appointment shall be made to fill vacated positions in any government office as a result of resignation, retirement, dismissal, death or transfer to another office of an officer or employee:Provided, however,That this prohibition shall not apply in the following instances:
a. Where the position is head of a primary organic unit such as chief of division;
b. Where the position is the lone position in the organizational unit it corresponds to a particular expertise that is intrinsic to the desired basic capability of the unit concerned;
c. Where the positions are basic positions for the initial operations of newly created or activated agencies or, in the case of other agencies, where the positions are vital and necessary for the continued and efficient operation of said agencies;
d. Where the positions are difficult to fill considering the qualifications required therefor, as in the case of doctors, lawyers and other professionals;
e. Where the positions are found in agencies declared to be understaffed;
f. Positions in Congress or in the Judiciary;
g. Appointments or designations extended by the President;
h. Where the positions are found in local government units;
i. Teaching personnel; and
j. Where the replacements come from existing employees.
Provided further,That exemptions from this prohibition shall require authorization by the Civil Service Commission: Provided, finally, That no appointment shall be issued by the appointing authority nor approved by the Civil Service Commission without said authorization.
Appointments made in violation of this Act shall be null and void.
Use With Care
Definitions and exceptions often appear before or after this text.
Court decisions may interpret, limit, or apply this provision.
Confirm amendment, repeal, effectivity, and official publication.