Transfer Ban of Oversight Officials

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CSC MEMORANDUM CIRCULAR NO. 51: Transfer Ban of Oversight Officials

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Title Supreme Court: Transfer Ban of Oversight Officials

Law: Csc Memorandum Circular No. 51

Decision Date: Dec 18, 1990

Heads of units and staff in oversight roles are prohibited from transferring to the agencies they oversee for one year after their assignment ends, addressing concerns of potential influence and conflicts of interest.

oversight functions

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Rationale Behind the Prohibition

The Circular was issued in response to rising incidents where heads of resident auditing units or Civil Service Field Officers were transferred to managerial positions in the very agencies they had been overseeing.
The restriction aims to prevent any conflict of interest or undue influence that may arise from such transfers.

Scope of Application

The prohibition specifically targets officials who hold positions enabling them to exert pressure or influence on the agency to which they may be transferred.
It explicitly excludes employees in clerical or skilled positions, such as clerks and drivers, from this restriction.

Continued Effectiveness of Restrictions on Transfers and Resignations

Despite this specific prohibition, restrictions on transfers or resignations outlined in item 2 of Memorandum Circular No. 41, series of 1990, remain in full force and effect.

Authority and Effective Date

The Memorandum Circular No. 51 was adopted on December 18, 1990.
The Circular carries the signature of the then Chairman Patricia A. Sto. Tomas, giving it official effect and authority.

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