Question & AnswerQ&A (Republic Act No. 7041)
The policy objective of Republic Act No. 7041 is to promote efficiency in the allocation of personnel in the civil service, as well as ensure transparency and equal opportunities in the recruitment and hiring of new personnel.
The Chief Personnel or Administrative Officers of all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations and local government units, are responsible for posting a complete list of all existing vacant positions authorized to be filled. This list must be posted in three conspicuous places in their respective offices for a period of ten days.
Vacant and unfilled positions that are primarily confidential, policy-determining, highly technical, coterminous with that of the appointing authority, or limited to the duration of a particular project are excluded from the list required for publication under RA 7041.
The Civil Service Commission publishes a complete list of all existing vacant positions in the government throughout the country once every quarter.
The published list must include all existing vacant positions and the qualification standards required for each position.
No, the Civil Service Commission shall not act on any appointment to fill a vacant position unless the vacancy has been reported to and published by the Commission.
Any violation results in public censure and possible withholding of salary pending compliance. Repeated and willful violations may lead to criminal prosecution, with penalties of imprisonment of two years and/or a fine between Five thousand pesos (₱5,000) and Ten thousand pesos (₱10,000) at the court's discretion.
The Civil Service Commission has original and exclusive jurisdiction to investigate and recommend prosecution for violations of RA 7041, except when the violation involves the Chairman or any Commissioner of the Commission, in which case the Ombudsman has jurisdiction.
Local government units, through their Chief Personnel or Administrative Officers, must post the published quarterly list of vacant positions in at least three public and conspicuous places within their municipalities or provinces.
The Civil Service Commission is mandated to issue the rules and regulations necessary for the effective implementation of RA 7041.
No, the provisions of RA 7041 do not apply during any period when there is a ban on hiring as per Section 7 of the Act.
The amount necessary for the implementation is charged against the appropriations for the Civil Service Commission under the current General Appropriations Act and thereafter included in its annual General Appropriations Act.
RA 7041 took effect fifteen (15) days after its publication in a newspaper of general circulation.