Question & AnswerQ&A (Republic Act No. 7430)
The main policy of the State declared in Republic Act No. 7430 is to give the highest priority to measures that will promote morale, efficiency, integrity, responsiveness, and progressiveness in the civil service through optimum utilization of personnel via a system of attrition in government.
Attrition is defined as the reduction of personnel as a result of resignation, retirement, dismissal in accordance with existing laws, death, or transfer to another office.
The Act covers the National Government and all its instrumentalities or agencies including government-owned or controlled corporations and their subsidiaries, but excludes local government units.
No appointment shall be made to fill vacated positions in any government office due to resignation, retirement, dismissal, death, or transfer except under specified exemptions within five years from the approval of the Act.
Exemptions include positions that are heads of primary organic units, lone positions requiring particular expertise, positions essential for new or vital operations, difficult to fill positions such as doctors or lawyers, positions in understaffed agencies, positions in Congress or Judiciary, appointments extended by the President, positions in local government units, teaching personnel, and replacements from existing employees.
Exemptions require authorization by the Civil Service Commission and no appointment shall be issued or approved without such authorization.
Any appointing authority making an appointment in violation shall be punished with imprisonment from three to six months or a fine from Three thousand to Five thousand pesos, or both, and be personally liable for the salary that would have accrued to the unlawfully appointed employee.
The Civil Service Commission shall monitor compliance, issue necessary rules and regulations, render an annual report to the President and Congress on personnel utilization, conduct a personnel effectiveness audit and work study, and submit recommendations regarding the law's implementation and extension.
The report must include total authorized positions, total officers and employees at year-end, categorized separations by resignation, retirement, dismissal, death, or transfer, number of new personnel recruited, and number of vacancies at year-end.
It took effect fifteen (15) days after its publication in at least two newspapers of general circulation following its approval on April 15, 1992.