Covered officers and covered oversight transfers
- The prohibition applies to heads of unit/field office/provincial office and their staff.
- The prohibited move is transferring or being appointed to “any position” in the department/agency/office/local government unit that the unit is assigned or designated to oversee.
- The relevant period for the restriction runs within one (1) year after the termination of such assignment/designation.
- The rule targets transfers and appointments that place the officer or employee in a position within an entity they previously exercised oversight over.
One-year prohibition on oversight transfers
- CSC Memorandum Circular No. 41, Section 1 prohibits heads of unit/field office/provincial office and their staff from transferring or being appointed to any position in the same department/agency/office/local government unit that their unit is assigned or designated to oversee.
- The one (1) year restriction applies after termination of the assignment/designation.
- The prohibition applies to any transfer or appointment within that prohibited period, without requiring proof of bad faith.
Requests designed to bypass the restriction
- CSC Memorandum Circular No. 41, Section 2 provides that any request for transfer or resignation filed for the purpose of effecting a transfer of the prohibited nature is barred from action.
- The authority concerned must not act on such transfer or resignation requests within the same period covered by the one (1) year restriction.
- The circular treats both a direct transfer request and a resignation request—when used as a mechanism to effect the prohibited transfer—as covered by the restriction.
Exception for exigency and best interest of service
- CSC Memorandum Circular No. 41, Section 2 allows action on a prohibited-nature transfer request within the restriction period only if the applicant shows that the transfer is an exigency and in the best interest of the service.
- The authority concerned may act on the request within the one (1) year period only upon a clear showing of exigency and best interest of the service.
- The exception is conditioned on a showing of necessity and service advantage, not on the mere existence of a request.