Title
CSC Omnibus Guidelines on Personnel Actions
Law
Csc Memorandum Circular No. 38, S. 1993
Decision Date
Sep 10, 1993
CSC Memorandum Circular No. 38-93 outlines the guidelines, requirements, and procedures for appointments and other personnel actions in the Philippine government, aiming to streamline the process, prevent delays, and ensure compliance with procedures and supporting documents.
A

Q&A (CSC MEMORANDUM CIRCULAR NO. 38, s. 1993)

The HRMO/Personnel Office must thoroughly review and verify the authenticity of all requirements and supporting documents for appointments before submission to the CSC, sign certifications on the appointments, ensure the Chairman of the Personnel Selection Board signs the certification when applicable, verify the Personal Data Sheet (CS Form 212) is complete with photo and thumbmark, submit appointments with prescribed transmittal forms, and submit monthly employee accession and separation reports to the CSC office concerned.

Each appointment must be accompanied by the appointee's Personal Data Sheet (CS Form 212). Other supporting documents are to be retained in the employee's 201 file at the agency, and non-original documents must be certified true copies.

If an appointment is disapproved by the CSC, the appointee's service should be terminated unless a motion for reconsideration is filed immediately. Services rendered during the disapproved appointment are not credited as government service, and the appointing authority becomes personally liable for the salary of the appointee if disapproval is due to law violations.

Original appointment refers to the initial entry into the career service of a person who meets all the requirements of the position. The first six months after such appointment is probationary, during which the appointment can be terminated for unsatisfactory conduct or lack of capacity.

Employment status must be indicated as one of the following: Permanent, Temporary, Substitute, Co-terminous, or Contractual. Each has specific definitions and conditions set forth in the guidelines.

Appointments must be submitted to the CSC office within 30 days from the date of issuance, which is the date the appointing authority signed the appointment; otherwise, they become ineffective and subject to disapproval.

No appointment shall be made in favor of relatives within the third civil degree of consanguinity or affinity of the appointing or recommending authority, or immediate supervisor, in national and local governments, except for confidential positions, teachers, physicians, and armed forces members. For local government career service, the prohibition extends to the fourth civil degree.

The appointment must be accompanied by the previous approved temporary appointment, appointee's performance ratings for the two rating periods during temporary appointment, and a certification from the appointing authority confirming continuous and satisfactory service for at least one year from the date of temporary appointment.

No. Contracts of Services and Job Orders are not considered government services; they do not involve an employer-employee relationship and are governed by COA rules. Employees under these contracts do not enjoy benefits like PERA, COLA, and RATA.

The agency must retain the Position Description Form (except for change of status appointments), Medical Certificate (for original appointment and reemployment), NBI clearance (for original appointment and reemployment), neuro-psychiatric examination results for relevant positions, licenses if applicable, performance ratings for promotion or transfer, and written consent for demotions that are non-disciplinary.


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