Question & AnswerQ&A (CSC MEMORANDUM CIRCULAR NO. 36)
Republic Act No. 7430 provides for the optimum utilization of personnel in government through a system of attrition and imposes penalties for violation thereof.
Yes, the filling up of vacant positions by transfer of existing employees from other government agencies does not require prior authority from the Civil Service Commission.
'Existing employees' refer to all personnel in the career and non-career service who at the time of their appointment as replacements are still employed in the government, excluding those in Congress, Judiciary, local government units, the teaching force, and contractual personnel in local and foreign funded projects hired after the effectivity of the rules implementing RA 7430.
Yes. Exceptions include employees in Congress, Judiciary, local government units, the teaching force, and contractual personnel in local and foreign funded projects hired after the effectivity of the implementing rules.
'Personal or confidential staff' refers primarily to confidential staff positions in various government offices, those positions declared as confidential by law or by prior declaration of the Civil Service Commission.
No, filling up of personal or confidential staff positions no longer requires prior authority from the Civil Service Commission if the positions are primarily confidential as defined.
Positions such as Medical Technologies, X-ray Technicians, Medical Laboratory Technicians, Medical Equipment Technicians, Midwives, Pharmacists, and Therapists in hospitals, clinics, and puericulture centers do not require prior authorization.
MC No. 29, s. 1992 authorized the filling up of certain government positions without prior authority from the Civil Service Commission, and CSC Memorandum Circular No. 36 provides supplementary guidelines for its implementation.
The Memorandum Circular took effect immediately upon its adoption on September 3, 1992.
The Civil Service Commission cites its Resolution No. 92-1224 dated September 3, 1992, and its mandate under Republic Act No. 7430 to promulgate these supplementary guidelines.