Title
Regular Publication of Govt. Vacant Positions
Law
Republic Act No. 7041
Decision Date
May 27, 1991
Republic Act No. 7041 requires government offices in the Philippines to regularly publish vacant positions, with penalties for violations, under the jurisdiction of the Civil Service Commission, except for cases involving the Chairman or Commissioners, and is funded by the appropriations for the Commission.

Responsibilities of Personnel Officers

  • Chief Personnel or Administrative Officers in all government branches and agencies must post lists of vacant positions.
  • Lists must be posted in three conspicuous office locations for ten (10) days.
  • Copies of vacant position lists and qualification standards must be submitted monthly to the Civil Service Commission (CSC).
  • Vacant positions cannot be filled until published.
  • Exemptions apply to positions that are primarily confidential, policy-determining, highly technical, coterminous with the appointing authority, or project-duration limited.

Civil Service Commission's Role in Publication

  • CSC must publish quarterly a comprehensive list of all government vacancies nationwide.
  • Publication must include qualification standards for each position.
  • CSC certifies under oath the completion of publication.
  • Published lists are available to the public at cost and distributed free to government personnel offices.
  • Local government units must post these publications in at least three public, conspicuous places.
  • Vacancies are open to any qualified applicant irrespective of office or rank.
  • CSC will not approve appointments without prior reporting and publication of vacancies.

Penalties for Non-Compliance

  • Violations of posting or publication duties result in public censure.
  • Salary withholding pending compliance is permissible.
  • Repeat and willful violations subject officials to criminal prosecution.
  • Convictions may lead to imprisonment (up to 2 years) and fines between five thousand and ten thousand pesos.

Jurisdiction Over Violations

  • CSC holds original and exclusive jurisdiction to investigate and recommend prosecution for violations.
  • The Ombudsman investigates and prosecutes if alleged violators include the CSC Chairman or Commissioners.

Implementing Rules and Regulations

  • CSC shall promulgate necessary rules and regulations for effective implementation.

Relation to Existing Laws and Hiring Bans

  • Provisions do not apply during official government hiring bans.
  • Existing laws on posting or disclosure of matters of public interest remain unaffected.

Funding and Appropriations

  • Initial implementation funds charged to CSC's current General Appropriations.
  • Subsequent funding included in annual General Appropriations Act.

Repealing Inconsistent Laws

  • All conflicting laws, decrees, orders, and regulations are repealed or amended accordingly.

Separability Clause

  • Declaration of any provision as unconstitutional will not affect other provisions.

Effectivity

  • The Act takes effect fifteen (15) days after publication in a newspaper of general circulation.

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