Law Summary
Appointment Forms and Submission
- The revised CS Form 33 (with Filipino and English) is used for career and non-career appointments except casuals, which use the Plantilla Appointment Form.
- Appointments must be submitted in triplicate, properly signed, and show conformity to approved position titles and salary grades.
- Non-compliance with requirements leads to disapproval of appointments.
Common Requirements for Regular Appointments
- Appointments must be original, signed, position title consistent with the Position Allocation List and the Index of Occupational Service, and indicate salary grade.
- Employment status must be stated (permanent, provisional, temporary, substitute, co-terminus, casual, contractual).
- Correct nature of appointment must be filled (original, promotion, transfer, reemployment, etc.).
- Vacant positions for filling must be published per RA 7041 unless exempted.
- Personnel Selection Board (PSB) evaluation required except for certain appointments like substitues, faculty, entry laborers, non-career staff.
- Personal Data Sheet (CS Form 212) must be attached and properly accomplished.
Employment Status Defined
- Permanent: Appointment to a fully qualified individual meeting all requirements.
- Temporary: For those without appropriate eligibility but meet education and experience; limited to 12 months.
- Substitute: Covers temporary replacements during leaves or absence lasting 3 months or more.
- Co-terminus: Based on trust or tied to the duration of project or appointing authority's term.
- Contractual: For specific work or job limited not exceeding one year.
- Casual: For essential services with insufficient regular staff.
Employment Status of Teachers
- Regular Permanent: Fully qualified teachers.
- Provisional: Teachers who meet all requirements except eligibility.
- Substitute: Temporary replacement when regular teacher is absent.
Nature of Appointment
- Original: Initial entry requiring a 6-month probation with character investigation.
- Initial: Non-original first-time appointments.
- Promotion: Advancement to a higher position with increased duties and salary.
- Transfer: Movement to a position of equivalent rank without break in service.
- Reemployment: Appointment of previously separated officials without disciplinary cause.
- Reappointment: For positions with no gap in service.
- Reinstatement: For those separated without delinquency or exonerated.
- Renewal: Extension of temporary/contractual appointments where no qualified eligibles are available.
- Change of Status: Temporary to permanent or provisional to permanent.
- Demotion: Movement to a lower rank, voluntary with consent if salary reduced.
- Upgrading/Reclassification: Change in position title and salary grade, with appointees retained irrespective of qualifications.
Personnel Movements Not Requiring Appointment
- Changes in item number, salary adjustments, step increments, reinstatements to the same position.
- Reassignment: Temporary moves within agency, max one year without consent; must not be oppressive.
- Detail: Temporary movement to another agency, salary paid by mother agency.
- Secondment: Temporary movement possibly involving change in compensation; governed by clear guidelines and agreements.
- Job Rotation: Sequential movement within agency for development, limited to 12 months.
Effectivity of Appointment
- Takes effect upon issuance; salary entitlement begins when duties assumed.
- No effectivity before issuance date.
- For local government units, effectivity subject to Sanggunian Bayan concurrence.
- Temporary appointment effective for 12 months from date of issuance.
- Appointment copy must be furnished to appointee.
- Service without appointment is not credited and is the liability of the person causing it.
Additional Requirements in Specific Cases
- Erasures or alterations on appointments require authentication.
- Attach administrative/criminal case decisions if applicable.
- Discrepancies in name or birth data require formal correction process with authenticated birth certificate.
- COMELEC ban appointments require prior exemption.
- Local government appointments must have budget certifications and necessary resolutions.
- Change of status appointments require relevant licenses or performance certifications.
- Non-disciplinary demotion requires certification and employee consent.
- Professional licenses required before appointment if mandated by law.
Submission and Approval Procedures
- Appointments must be submitted within 30 days of issuance; if late, effective 30 days before submission.
- Request for reconsideration/appeal allowed within 15 days of disapproval.
- Disapproved services are not credited.
- Appointing authority personally liable for unauthorized appointments violating laws.
- Approved appointments delayed in submission result in salary liabilities for delay.
- Change of status from temporary to permanent can be noted as footnote on temporary appointment if no gap exists.
Responsibilities of HRMO/Personnel Officer
- Review completeness and verify documents.
- Certify completeness and publication of vacancy.
- Ensure PSB chairman certification.
- Ensure accuracy and completeness of Personal Data Sheet.
- Furnish copies of appointment to appointee.
- Submit reports and documents timely to CSC.
- Ensure oath-taking and license renewals.
- Failure leads to administrative discipline.
Documents Retained in Agency
- Position Description Form for all appointments except change of status.
- Medical certificate for original appointment and reemployment including pre-employment exams.
- Clearances including NBI and financial/property accountability.
- Performance ratings for promotion and transfer.
Publication of Vacant Positions
- Mandatory publication of vacant career positions under RA 7041, except for exempted categories (confidential, policy, technical, non-career, third-level positions, reorganization replacements).
- Minimum 10 working days after publication before filling vacancies.
- Renewal appointments require publication to avoid service gaps.
- Chain promotions can have simultaneous publication of anticipated vacancies.
Qualification Standards
- Appointee must meet approved qualification standards including education, experience, eligibility.
- No substitution allowed for education and experience deficiencies.
- Agencies may impose higher qualification standards.
- Newly created positions have standards prescribed by CSC.
- Non-career appointees must meet required standards except eligibility except when special laws apply.
Contracts of Services/Job Orders
- Not covered by Civil Service Law; no employer-employee relationship; limited to short-term, lump sum, or piecework.
- Do not enjoy government employee benefits.
Modes of Separation
- Resignation requires written notice and acceptance for records.
- Dropping from rolls for AWOL 30 days, unsatisfactory performance with due notice, and physical/mental incapacity.
- Immediate execution of separation order with right to appeal within 15 days.
- Separation under this mode is non-disciplinary and does not forfeit reemployment rights.
- Dismissal requires submission of certified decision.
- Other separations like retirement and death require notice to CSC.
Prohibitions
- No person shall hold multiple offices unless allowed by law.
- Elective officials cannot be appointed during their term.
- No double or indirect compensation without law.
- Election losers barred from appointment for one year.
- Filing candidacy considered resignation.
- No reemployment within six months after promoting candidacy before election.
- No reassignment/detail within three months before election without COMELEC permission.
- Prohibition against partisan political activities except voting.
- Nepotism rules prohibit appointment of relatives within certain degrees; certain exceptions apply.
- Appointment cannot be revoked after acceptance unless void due to fraud or illegality.
- Dismissed persons barred from reappointment unless granted clemency.
- Compulsory retirement age is 65; exceptions for confidential positions under temporary status.
- Restrictions on transfers of oversight agency heads.
- Non-career employees cannot supervise career personnel.
- No discrimination on political, religious, sex, or civil status grounds.
- Position re-designation restrictions in LGUs.
Repealing Clause
- All inconsistent Civil Service Commission issuances are repealed or amended by these rules.