Submission and Supporting Documents
- Appointment submissions generally require the appointee's Personal Data Sheet only
- Supporting documents retained in the agency's 201 files
- Non-original documents must be certified true copies
Request for Reconsideration and Implications of Disapproval
- Only appointing officer may request reconsideration within 15 days of receipt of CSC decision
- Disapproval requires termination of appointee's service unless reconsideration is filed
- Service rendered during disapproved appointment not credited as government service
Liabilities for Disapproved Appointments
- Appointing authority liable for salaries if disapproval due to law violations like RA 7041 or RA 7430
- Appointee entitled to salary for up to 30 days if appointment disapproved solely for late CSC submission
- After 30 days, salary payment is the liability of the responsible official
Common Requirements for Regular Appointments
- Use of prescribed CS Form 33 (3 copies) for regular and contractual appointments
- Signature and date by appointing authority on the appointment
- Position title must conform to the approved Position Allocation List
- Employment statuses: Permanent, Temporary, Substitute, Co-terminous, Contractual, with specific definitions and requirements
- Teacher appointment statuses defined by RA 4670: Temporary, Provisional, Regular (Permanent), Provisional (Substitute), and Regular (Substitute)
- Faculty and academic staff in SUCs governed by approved Merit System and qualification standards
Nature of Appointment Types
- Original, Initial, Promotion, Transfer, Reemployment, Reappointment, Renewal, Change of Status (various forms), and Demotion
- Specific procedural rules for transfers including approvals and consequences of failure to transfer
- Certain personnel movements do not require new appointments but require notice to CSC
Appointment Submission Deadlines and Effectivity
- Submission to CSC required within 30 days of issuance or appointment becomes ineffective and disapproved
- Reconsiderations for ineffective appointments require justifications
- Effectivity date is applicant's actual assumption of duty, not earlier than date of issuance
- Prohibition against requiring assumption of duties without a signed appointment copy
- Services without appointment not credited
Publication of Vacant Positions
- Proof of publication of vacancies required pursuant to RA 7041, except for certain exempt positions
- Vacancies shall not be filled until 10 working days after publication
- CSC Regional/Provincial offices authorized to publish bulletin of vacancies
Qualification Standards
- Appointments require approved qualification standards for the position
- No substitution allowed for deficiencies in education and experience except limited cases
- Specific standards for confidential/personal staff and non-career positions
Personnel Selection Board (PSB) Screening
- PSB evaluation and recommendation required when applicable
- Appointment date not earlier than final PSB screening date
Additional Specific Requirements
- Prior authority to fill position or exemption from RA 7430 required except for specified exceptions
- Documented erasures or alterations on appointments
- Attach certified copy of administrative or criminal case decisions if relevant
- Attachments for discrepancies in personal data
- COMELEC exemptions required for appointments during election ban
- Additional certifications for LGU appointments on fund availability and compliance with RA 7160
- Documentation required for changes of status and non-disciplinary demotions
Agency Retained Documents
- Position Description Form (BC-CSC Form 1) for all appointments except change of status
- Medical Certificate for Original Appointment and Reemployment
- Clearances such as NBI clearance retained in 201 files
- Neuro-psychiatric examination results for peace/security positions
- Licenses for certain technical positions
- Performance ratings for promotion or transfer appointments
- Written consent from demoted employee for non-disciplinary demotion
Contracts of Services and Job Orders
- Different from contractual and plantilla appointments
- Cover lump sum or intermittent short work with no employer-employee relationship
- Not covered by Civil Service Law but by COA rules
- Services under these contracts do not entitle employees to government benefits
- No requirement for CSC approval
Separation Procedures and Requirements
- Resignation requires written notice and acceptance with effectivity date submitted to CSC
- Dropping from rolls for AWOL employees with no approved leave after 30 days, appealable within 15 days
- Dismissal/forced resignation requires submission of certified decision
- Notice of separation also submitted for termination of temporary appointment, retirement, death
Appointment Prohibitions
- No elective official may hold appointment during tenure
- Nepotism prohibited within third degree (national level), fourth degree in local government, with exceptions for confidential staff, teachers, physicians, armed forces
- Appointments accepted by appointee cannot be revoked except by CSC disapproval
- Ban on appointment of election losers for one year post-election (except Barangay elections)
- Disqualification of dismissed or perpetually barred persons unless clemency granted
- No appointment after compulsory retirement age (65), except for temporary personal/confidential staff
Repeal and Supersession
- Supersedes numerous previous CSC Memorandum Circulars and Rules under EO 292
- Effective 15 days after publication
This summary distills the comprehensive guidelines on appointments and related personnel actions as set forth in CSC Memorandum Circular No. 38, s. 1993, ensuring conformity with laws, procedural rigor, and administrative efficiency.