Title
Revised CSC Rules on Appointments and Personnel
Law
Csc Memorandum Circular No. 40 S. 1998
Decision Date
Dec 14, 1998
The Civil Service Commission revises and consolidates rules and guidelines on appointments and personnel actions to respond to changing needs in personnel administration, adopting new forms and requirements for appointments and defining various employment statuses and appointment types.

Constitutional policy: merit and fitness

  • The State must ensure and promote that appointments in the Civil Service are made only according to merit and fitness.
  • Merit and fitness must, as far as practicable, be determined by competitive examinations.
  • Competitive examinations do not apply to appointments to positions that are policy determining, primarily confidential, or highly technical.
  • Personnel movements in the Civil Service are treated as “personnel action” when they denote movement or progress, including promotion, transfer, reinstatement, reemployment, detail, reassignment, secondment, demotion, and job rotation.
  • Unless otherwise provided, the rules also govern appointments in the third level.

Appointment forms and core submission requirements

  • Appointments in career and non-career service must use the revised CS Form 33, which shall be in Filipino with English translation, except casuals, which use the Plantilla Appointment Form.
  • Appointments submitted to the CSC office concerned must be in triplicate copies using the prescribed forms.
  • Appointment originals must not be filled out using xeroxed or photocopied forms.
  • The original copy of the appointment must be duly signed, and the succeeding two (2) copies must be at least initiated by the appointing authority.
  • The appointment must state a position title that:
    • conforms with the approved Position Allocation List, and
    • is found in the Index of Occupational Service (IOS).
  • The salary grade must always be indicated after the position title.
  • The appointment must indicate the employment status in the space provided, which includes: permanent, provisional, temporary, substitute, co-terminus, casual, or contractual.
  • The appointment must indicate the date of signing (the date of issuance) and the nature of appointment in the space provided, which includes: original, initial, promotion, transfer, reemployment, reappointment, reinstatement, renewal, change of status, or demotion.

Regular appointment requirements and PSB screening

  • Vacant positions to be filled must be published under RA 7041 and its implementing guidelines, except positions exempted under Section 1, Rule IX.
  • Appointees must be screened and evaluated by the Personnel Selection Board (PSB) when applicable.
  • Proof of PSB screening must be submitted with the appointment as either:
    • a certification signed by the Chairman of the PSB at the back of the appointment, or
    • a copy of the PSB proceedings/minutes of deliberation.
  • The issuance of the appointment must not be earlier than the date of the PSB’s final screening/deliberation.
  • Candidates are no longer subject to PSB screening for:
    • substitute appointments due to short duration and emergency nature; however, if the position is later filled by a regular appointment, PSB screening and passing applies;
    • appointments of faculty members and academic staff of state universities and colleges in the closed career service;
    • appointments to entry laborer positions;
    • change of status from temporary to permanent; and
    • appointments to positions in the non-career service.
  • The appointee must attach a properly accomplished Personal Data Sheet (CS Form 212, Revised, 1998).
  • For reappointment of substitute teachers and renewal of appointment of contractual and casual personnel, an updated Personal Data Sheet is required.

Employment status and nature rules

  • Permanent appointments are issued to persons who meet all minimum qualification requirements of the position, including the appropriate eligibility prescribed by law, rules, and standards.
  • A temporary appointment issued under temporary status to someone who meets all requirements for permanent appointment is disapproved for violating Section 27(1), Book V of Executive Order No. 292, except when it pertains to occupational groups requiring additional special qualifications (e.g., fellow/diplomate), in which case prior clearance from the Commission is required.
  • Temporary appointments require meeting the education, experience, and training requirements but lacking appropriate eligibility, and are allowed only in the absence of a qualified eligible actually available, certified by the Civil Service Regional Director or Field Officer.
  • Temporary appointments must not exceed twelve (12) months, reckoned from the date of issuance, and the appointee may be replaced earlier if a qualified eligible willing to accept becomes actually available.
  • Substitute appointments are issued when the regular incumbent is temporarily unable to perform duties (approved leave, suspension, scholarship grant, or secondment).
  • Substitute appointments are effective only until the regular incumbent returns, and they are issued only if the incumbent’s leave is at least three (3) months, except for teachers.
  • Co-terminus appointments are issued when entrance and continuity are based on trust and confidence, or are co-existent with an incumbent or limited by project or agency duration/lifespan, including co-terminus categories:
    • with the appointing authority,
    • with the head of organizational unit where assigned,
    • with the incumbent,
    • with the project, and
    • with the life span of the agency.
  • For personnel under Foreign-assisted projects, co-terminus is issued and approved with the project duration; the appointment must indicate the project name and completion date.
  • Contractual appointments are issued for a specific work/job for a limited period not exceeding one year, with the inclusive period indicated for crediting services.
  • Casual appointments are issued only for essential and necessary services where there are not enough regular staff.
  • Teacher employment status may be:
    • Regular permanent (meets all requirements),
    • Provisional (meets all requirements except eligibility), and
    • Substitute (incumbent temporarily unable to perform duties).
  • Original appointment refers to initial entry into the career service of persons meeting all position requirements, including those covered by CSC MC No. 10, s. 1980, as amended by MC No. 11, s. 1996.
  • Original appointments include a six-month probationary period, with character investigation.
  • A probationer may be dropped for unsatisfactory conduct or want of capacity anytime before the expiration of the six-month probationary period, and such action is appealable to the Commission.
  • If no notice of termination or unsatisfactory conduct is given before the end of the six-month probationary period, the appointment automatically becomes permanent.
  • Initial appointment covers first-time entry into government service (career or non-career) not covered by original appointment.
  • Promotion is advancement to another authorized position with increased duties/responsibilities and usually increased salary, within or across departments/agencies.
  • Transfer is movement to an equivalent rank/level/salary without break in service with issuance of an appointment; transfer cannot treat movement from non-career to career as transfer.
  • Transfer procedures require that an employee seeking transfer must first secure permission from the head of the department/agency with the effective date stated.
  • If the request to transfer is not granted, it is deemed approved after 30 days from notice to the agency head.
  • Failure to transfer on the specified date results in the employee being considered resigned, with reemployment in the former office at the former head’s discretion.
  • Transfer effectivity is the day following the last day of service in the former agency.
  • Heads of oversight agencies and their staff are prohibited from transferring to any agency/office/LGU they oversee within one year after termination of the assignment/designation.
  • This prohibition targets officials who can exert pressure or influence; it does not cover clerical and skilled positions (e.g., clerks and drivers).
  • Reassignment of small-salaried employees is not permissible if it causes significant financial dislocation.

Other personnel movements: required orders

  • Personnel adjustments/movements that do not involve change in position title, rank, or status require no appointment issuance, provided the existing appointment does not specify the working station.
  • Such adjustments include: change in item number only, salary adjustment, step-increment, and reinstatement to the same position.
  • A notice of such change or movement must be submitted to the CSC office concerned for record purposes.
  • Reassignment requires an office order even without appointment issuance, and is a movement within the same department/agency that does not reduce rank/status/salary.
  • Reassignment without the employee’s consent is allowed only for a maximum of one year and is presumed regular and in the interest of public service unless proven otherwise or constituting constructive dismissal.
  • Constructive dismissal exists when an employee quits due to unreasonable, humiliating, or demeaning acts making continued work impossible, and it is treated as illegal dismissal even without salary reduction; it may include transfer from a position of dignity to more servile/menial work.
  • Reassignment is prohibited when done indiscriminately or whimsically as a harassing mechanism.
  • Detail also requires an office order and is a temporary movement between departments/agencies without reduction in rank/status/salary, with salary paid only by the mother unit/agency.
  • Detail is limited to one year for employees in professional/technical/scientific positions; beyond one year for other employees requires the detailed employees’ consent.
  • If the employee believes there is no justification for the detail, the employee may appeal to the Commission; pending appeal, the detail remains executory unless the Commission orders otherwise.
  • Secondment requires written guidelines including: it is generally limited to professional/technical/scientific positions; secondment of one year or more requires Commission approval.
  • Secondment to internationally recognized bodies/organizations recognized by the Philippine government is allowed.
  • Secondment must be covered by a written agreement between mother and receiving agencies, concurred in by the employee, and submitted to the Commission for records.
  • Salary of the seconded employee is borne by the receiving agency, and salary differentials follow the stated higher/lower compensation rules, with a stated exception for secondment to international agencies.
  • The seconded employee is on leave without pay in the mother agency during secondment, but may earn leave credits immediately thereafter, to be payable by the receiving agency.
  • Job rotation requires an organizational program duration not exceeding twelve (12) months, as prescribed by the department/agency head.

Effectivity, assumption, and salary timing

  • An appointment issued in accordance with laws and rules takes effect immediately upon issuance by the appointing authority.
  • The appointee is entitled to receive salary at once upon assumption of duties without awaiting Commission approval, and the appointment remains effective until disapproved by the Commission.
  • No appointment may take effect earlier than its date of issuance.
  • For LGU appointments requiring Sanggunian Bayan concurrence, effectivity is not earlier than the date of concurrence.
  • No appointment may be made effective earlier than issuance except for:
    • change of status upon acquiring civil service eligibility, and
    • a teacher upon acquiring valid certificate of registration and valid professional license.
  • The effectivity date for change of status is the date of release of examination result and/or the date of issuance of appropriate license/s.
  • The effectivity of change of status may be indicated as a footnote on the temporary appointment if that temporary appointment has not expired.
  • For temporary appointments, the twelve (12) months effectivity period is reckoned from the date of issuance, not the date the appointee assumes duties.
  • No official or employee may be required to assume duty without being furnished a copy of the appointment after issuance.
  • The appointee must acknowledge receipt by signing the duplicate and other copies of the appointment.
  • Services rendered without any appointment being issued are not credited or recognized by the Commission and remain the personal accountability of the person who made the person assume office.

Additional requirements for special appointment cases

  • When an appointment or supporting documents have erasures or alterations, such changes must be initiated by authorized officials and accompanied by a communication that specifies and authenticates all changes made.
  • If the appointee has had an administrative or criminal case, a certified true copy of the decision must be attached; for promotion of an employee found guilty, a certification must state when the decision became final.
  • For discrepancies in name or date/place of birth between rating/certificate and the Personal Data Sheet:
    • a request must be filed at Civil Service Regional Offices or the Central Office through the Office for Legal Affairs using the proper form,
    • the request must be accompanied by an authenticated copy of the birth certificate or certificate containing register information from the city/municipality where the person was born,
    • the birth record must have been recorded/registered within a reasonable time after birth,
    • late-recorded birth certificates are insufficient absent a court order,
    • action is through an appropriate Commission resolution.
  • When issuing an appointment during a period of prohibition, prior COMELEC exemption must be secured and attached to the appointment.
  • For LGU appointments submitted to the Commission, additional documents include:
    • a certification from the proper appointing authority that the appointment follows limitations under Section 325, RA 7160,
    • a certification from the Municipal/City/Provincial Accountant/Budget Officer that funds are available,
    • for appointment to department head, a Sanggunian Resolution embodying concurrence of the majority of its members under Section 443(d), RA 7160.
  • If the Sanggunian does not concur within fifteen (15) days, an HRMO certification to that effect substitutes for the required Sanggunian resolution.
  • Appointments involving change of status from temporary to permanent under categories specified in MC No. 11, s. 1996 must be accompanied by additional items:
    • Category I: TESDA certificate and corresponding CS eligibility,
    • Category II: performance ratings for the two rating periods during temporary appointment, certified by the appointing authority,
    • Category IV: appropriate valid licenses (e.g., driver’s license from the Land Transportation Office and operator’s license from the National Telecommunications Commission for Radio/Radiophone Operators).
  • Non-disciplinary demotion appointments must include:
    • agency head certification that demotion is not the result of an administrative case, and
    • written consent of the employee with no objection to the demotion.
  • When a license is required by special law to exercise a profession or vocation, the appointee must possess the necessary license before appointment.

Submission deadlines, approval/disapproval effects

  • An appointment must be submitted to the Commission within thirty (30) calendar days from its issuance date (the date indicated below the appointing authority’s signature).
  • Otherwise, the appointment becomes effective thirty (30) days prior to the date of submission.
  • For appointments issued by accredited agencies, the ROPA plus photocopies of appointments issued during the month must be submitted within 15 days of the succeeding month.
  • Appointments not submitted within the prescribed period become effective 30 days prior to the submission date.
  • If the appointee does not assume office within thirty (30) calendar days from receipt of an approved appointment, the appointing authority may cancel it and report the cancellation to the Commission for records.
  • The position is automatically deemed vacant and does not require Commission approval or declaration.
  • If the appointee is not allowed to assume office despite Commission approval, the concerned official is administratively liable.
  • Requests for reconsideration of or appeal from disapproval must be made and submitted within fifteen (15) calendar days from receipt of the disapproved appointment.
  • When an appointment is disapproved, the appointee’s services are immediately terminated, unless reconsideration or appeal is seasonably filed.
  • Services rendered during a disapproved appointment are not credited as government service for any purpose.
  • If disapproval is based on grounds that do not constitute violation of civil service law (e.g., failure to meet qualification standards), the appointment is considered effective until disapproved by the Commission or any regional/field office.
  • In such case, the appointee is entitled to payment of salaries from the government during the interim.
  • If a motion for reconsideration or appeal is seasonably filed, the appointment remains effective during pendency; disapproval becomes final only after affirmation by the Commission.
  • The appointing authority is personally liable for the salary of appointees whose appointments are disapproved for violation of laws such as the RA 7041 publication requirement.
  • If the appointment is approved but made effective thirty (30) days prior to submission date, the appointee is entitled to salary immediately following effectivity; salaries for services rendered before the approved effectivity date are the liability of the party that caused the delay.
  • Where the appointee fully qualifies for a temporarily held position, the appointing authority must not issue a new appointment for change of status from temporary to permanent; the change is effected as a footnote on the existing temporary appointment upon presentation of required documents, with copy furnished to the Commission.

HRMO/Personnel Officer duties and administrative liability

  • The HRMO/PO or duly authorized personnel must thoroughly review and verify completeness of all appointment requirements and supporting papers before submission to the Commission.
  • They must sign certifications at the back of the appointment for:
    • completeness of requirements, and
    • due publication of the vacant position.
  • The HRMO must be a regular member of the PSB and must ensure the PSB Chairman has signed the PSB certification at the back of the appointment when applicable.
  • The HRMO/PO must ensure the Personal Data Sheet (CS Form 212) is fully answered, includes the appointee’s recent photograph, has the right thumbmark, and indicates the appointee’s current Community Tax Certificate.
  • They must furnish the appointee a photocopy of the appointment and ensure the appointee acknowledges receipt by signing the duplicate and other copies.
  • They must submit appointments with the prescribed transmittal form listing appointees, their positions, and their date of issuance.
  • They must transmit the original copy of the appointment acted upon by the Commission to the appointee.
  • They must submit a quarterly report of employee accession and separation to the Commission.
  • They must submit ROPA and copies of appointments with supporting documents within fifteen (15) days of the succeeding month for accredited agencies.
  • They must submit certified copies of required licenses and ensure renewal.
  • They must ensure oath taking of concerned appointees.
  • Failure of the HRMO/PO/duly authorized personnel to perform these responsibilities constitutes a ground for administrative disciplinary action for neglect of duty, which the agency head or the Commission can initiate.

Documents retained in the agency

  • The agency must retain documents in the 201 files of appointees.
  • The agency must retain a Position Description Form (BC-CSC Form No. 1) for all appointment types, except for change of status.
  • The agency must retain a Medical Certificate (CS Form 211) for original appointment and reemployment, with the physician’s statement of fitness for employment.
  • The medical certificate must include results of pre-employment mental-physical-medical examinations consisting of Blood Test, Urinalysis, Chest X-ray, Drug Test, and Neuropsychiatric Exam.
  • The agency must retain required clearances:
    • NBI Clearance for original appointment and reemployment,
    • for transfer and reemployment, clearance from financial obligation and property accountability from the former office.
  • The agency must retain neuro-psychiatric examination results for original appointment to positions involving maintenance of peace and order and protection of life and property.
  • Performance rating records must be retained for promotion or transfer:
    • for promotion, performance ratings for the last two (2) rating periods prior to effectivity at least very satisfactory,
    • for promotion of appointee-scholar, ratings for the last two (2) rating periods prior to the scholarship grant at least very satisfactory,
    • for transfer, performance rating for the semester immediately preceding the transfer from the former office/agency.

Publication of vacancies and exemptions

  • Vacant positions in the career service must be published under RA 7041 and implementing guidelines.
  • Positions exempt from publication include:
    1. primarily confidential positions,
    2. policy determining positions,
    3. highly technical positions,
    4. other non-career positions,
    5. third level positions (Career Executive Service), and
    6. positions filled by existing regular employees in the agency during reorganization.
  • Published vacant positions must not be filled until ten (10) working days have elapsed from the publication date.
  • The ten-day waiting rule is dispensed with for renewal (temporary) appointments to avoid gaps in service of the temporary appointees.
  • Appointments for positions not exempted from RA 7041 require prior publication, including renewal (temporary) appointments.
  • For renewal situations, publication should be done about two (2) months prior to expiration to comply and avoid service gaps of incumbents holding temporary appointments.
  • In chain promotion, anticipated vacancies may be published simultaneously with existing vacant positions.

Qualification standards and appointment validity

  • Appointees must meet the approved qualification standards for the position.
  • Agencies (HRMOs) must be guided with qualification standards including:
    • unique positions in an agency require approved qualification standards or inclusion in the agency’s Qualification Standards Manual,
    • appointments to positions without approved qualification standards are disapproved,
    • the appointee must meet the approved qualification standards of the position,
    • no substitution is allowed for deficiencies in education and experience requirements.
  • Confidential/personal staff appointments require only educational requirements under CSC MC No. 1, s. 1997; civil service eligibility, experience, training, and other requirements are dispensed with.
  • Qualification standards in the Manual are minimum and basic requirements, but agencies may prescribe higher standards and maintain and use them as basis in selection, and must furnish the Commission.
  • Qualification standards for newly created positions are prescribed by the Commission.
  • Appointments to non-career positions, including casual employees, must meet qualification standards requirements except eligibility, unless positions are covered by special laws such as RA 1080.
  • Relevance of education and experience must be determined by reference to duties/responsibilities of the position and its occupational grouping.

Contracts of services and job orders

  • Contracts of Services/Job Orders distinguished from other appointment-covered employment are not required to be submitted to the Commission.
  • Services rendered under such contracts are not treated as government service.
  • Contracts of Services cover lump sum work/services (e.g., janitorial, security, consultancy) where no employer-employee relationship exists.
  • Job Orders cover piece work or intermittent job of short duration not exceeding six (6) months on a daily basis.
  • Contracts of services and job orders are not covered by Civil Service Law, Rules, and Regulations, but are covered by COA rules.
  • Employees under contracts/job orders do not enjoy benefits enjoyed by government employees such as PERA, COLA, and RATA.

Separation modes and required records

  • For resignation, the employee must submit to the Commission for record purposes:
    • a voluntary written notice to the appointing authority stating relinquishment and the effectivity date, and
    • written acceptance of resignation by the agency head/appointing authority stating the effectivity date.
  • An officer or employee under investigation may be allowed to resign pending decision without prejudice to continuation of proceedings until final termination.
  • For dropping from the rolls, separation may be ordered based on habitually absent or unsatisfactory/poor performance or physical/mental unfitness under specified procedures:
    • AWOL: continuous absence without approved leave for at least thirty (30) calendar days results in separation/dropping without prior notice.
    • The employee must be informed of separation not later than five (5) days from effectivity to the address in the 201 file.
    • Unauthorized absences less than thirty (30) calendar days require a Return-to-Work order; failure to report within the order period is a valid ground to drop him from the rolls.
    • Unsatisfactory or poor performance: two consecutive unsatisfactory ratings authorize dropping after due notice, requiring written notice not later than 30 days from end of the semester and sufficient information for explanation.
    • A poor rating for one evaluation period authorizes dropping after due notice, requiring written notice not later than the 4th month of the rating period and warning of separation if no improvement within the remaining semester period.
    • Physical and mental unfitness:
      • continuous absence for more than one (1) year due to illness may be ground for declaration of physical unfitness to perform duties at the head’s sound judgment,
      • intermittent illness absences of at least 260 working days during a 24-month period may similarly authorize a physical unfitness declaration,
      • abnormal behavior manifesting continuing mental disorder and incapacity, reported by co-workers/immediate supervisor and confirmed by the head, may justify dropping.
    • Notice for the physical/mental unfitness grounds must include a brief statement of the nature of incapacity to work.
    • The affected officer/employee may appeal to the Commission or its regional office within fifteen (15) days from receipt of the separation order/notice.
    • The separation order is immediately executory pending appeal unless the Commission on meritorious grounds directs otherwise.
    • This mode of separation for unauthorized absences, unsatisfactory/poor performance, or physical/mental incapacity is non-disciplinary and does not forfeit benefits and does not disqualify from reemployment.
    • The immediate supervisor may sign the written notice, but the separation notice must be signed by the appointing authority or head of office.
  • For dismissal, a certified true copy of the decision imposing dismissal must be submitted to the Commission.
  • For other modes (termination/expiration of temporary appointment, retirement, or death), a notice stating the separation date must be submitted to the Commission.

Prohibitions governing appointments and personnel actions

  • An appointive official must not hold any other government office or employment unless allowed by law or by the primary functions of the position.
  • An elective official must not be eligible for appointment in any capacity to any public office or position during tenure.
  • No elective or appointive officer/employee may receive additional, double, or indirect compensation unless specifically authorized by law, nor accept any present/emolument/office/title from any foreign government without Congress consent.
  • Pensions and gratuities are not considered additional, double, or indirect compensation.
  • A person who lost in an election (except Barangay election) is ineligible for government appointment or re

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