ADMINISTRATIVE LAW

MESHEL B.BALIJON

CLASS SCHEDULE:MONDAY- 8-9PMTUESDAY - 7-9PM

I. TopicA. PROMOTION

II. Brief Discussion A. Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5 (Administrative Code of 1987) - Personnel Policies and Standards

SECTION 26. Personnel Actions.All appointments in the career service shall be made only according to merit and fitness, to be determined as far as practicable by competitive examinations. A non-eligible shall not be appointed to any position in the civil service whenever there is a civil service eligible actually available for and ready to accept appointment.As A345used in this Title, any action denoting the movement or progress of p10ersonnel in the civil service shall be known as personnel action. Such action shall include appointment through certification, promotion, transfer, reinstatement, re-employment, detail, reassignment, demotion, and separation. All personnel actions shall be in accordance with such rules, standards, and regulations as may be promulgated by the Commission.(2) Promotion.A promotion is a movement from one position to another with an increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay. The movement may be from one department or agency to another or from one organizational unit to another in the same department or agency.

B. Presidential Decree No. 807 - Civil Service Decree of the Philippines

Sec. 7. Classes of Positions in the Career Service. - (a) Classes of positions in the career service appointment to which requires examinations shall be grouped into three major levels as follows: 1. The first level shall include clerical, trades, crafts, and custodial service positions which involve non-professional or subprofessional work in a nonsupervisory or supervisory capacity requiring less than four years of collegiate studies;

2. The second level shall include professional, technical, and scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief level; and

3. The third level shall cover positions in the Career Executive Service.

(b) Except as herein otherwise provided, entrance to the first two levels shall be through competitive examinations, which shall be open to those inside and outside the service who meet the minimum qualification requirements. Entrance to a higher level does not require previous qualification in the lower level. Entrance to the third level shall be prescribed by the Career Executive Service Board.

C. Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5-Personnel Policies and Standards]

CHAPTER 5Personnel Policies and StandardsSECTION 21. Recruitment and Selection of Employees.(1) Opportunity for government employment shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to enter the service. Employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of the positions.(2) When a vacancy occurs in a position in the first level of the Career Service as defined in Section 8, the employees in the department who occupy the next lower positions in the occupational group under which the vacant position is classified, and in other functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility shall be considered for promotion.(3) When a vacancy occurs in a position in the second level of the Career Service as defined in Section 8, the employees in the government service who occupy the next lower positions in the occupational group under which the vacant position is classified and in other functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility shall be considered for promotion.(4) For purposes of this Section, each department or agency shall evolve its own screening process, which may include tests of fitness, in accordance with standards and guidelines set by the Commission. Promotion boards shall be formed to formulate criteria for evaluation, conduct tests or interviews, and make systematic assessment of training experience.(5) If the vacancy is not filled by promotion as provided herein the same shall be filled by transfer of present employees in the government service, by reinstatement, by re-employment of persons separated through reduction in force, or by appointment of persons with the civil service eligibility appropriate to the positions.(6) A qualified next-in-rank employee shall have the right to appeal initially to the Secretaries or heads of agencies or instrumentalities including government-owned or controlled corporations with original charters, then to the Merit System Protection Board, and finally to the Civil Service Commission an appointment made in favor of another employee if the appellant is not satisfied with the written special reason or reasons given by the appointing authority for such appointment; Provided, however, that the decision of the Civil Service Commission may be reviewed on certiorari only by the Supreme Court within thirty (30) days from receipt of the decision of the aggrieved party. For purposes of this Section, qualified next-in-rank refers to an employee appointed on a permanent basis to a position previously determined to be next-in-rank and who meets the requirements for appointment thereto as previously determined by the appointing authority and approved by the Commission.(7) Qualification in an appropriate examination shall be required for appointment to positions in the first and second levels in the career service in accordance with the Civil Service rules, except as otherwise provided in this Title: Provided, That whenever there is a civil service eligible actually available for appointment, no person who is not such an eligible shall be appointed even in a temporary capacity to any vacant position in the career service in the government or in any government-owned or controlled corporation with original charter, except when the immediate filling of the vacancy is urgently required in the public interest, or when the vacancy is not permanent, in which cases temporary appointments of non-eligibles may be made in the absence of eligibles actually and immediately available.(8) The appropriate examinations herein referred to shall be those given by the Commission and the different agencies: Provided, however, That nothing herein shall affect those eligibilities acquired prior to the effectivity of the Civil Service Law: Provided, further, That a person with a civil service eligibility acquired by successfully passing an examination shall be qualified for a position requiring a lower eligibility if he possesses the other requirements for appointment to such position.SECTION 22. Qualification Standards.(1) A qualification standard expresses the minimum requirements for a class of positions in terms of education, training and experience, civil service eligibility, physical fitness, and other qualities required for successful performance. The degree of qualifications of an officer or employee shall be determined by the appointing authority on the basis of the qualification standard for the particular position.Qualification standards shall be used as basis for civil service examinations for positions in the career service, as guides in appointment and other personnel actions, in the adjudication of protested appointments, in determining training needs, and as aid in the inspection and audit of the agencies personnel work programs.It shall be administered in such manner as to continually provide incentives to officers and employees towards professional growth and foster the career system in the government service.(2) The establishment, administration and maintenance of qualification standards shall be the responsibility of the department or agency, with the assistance and approval of the Civil Service Commission and in consultation with the Wage and Position Classification Office.

D. Pursuant to the provisions of Section 12 of Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, approved on February 20, 1989, and which took effect on March 25, 1989, conformably to Section 17 thereof, the following Rules are hereby adopted in order to carry out the provisions of the said Code:

Section 3. Incentives and rewards to government officials and employees of the year may take the form of any of the following, as may be determined by the Committee on Awards established under the Code:

(a) Bonuses; or(b) Citations; or(c) Directorships in government-owned or controlled corporations; or (d) Local and foreign scholarship grants; or (e) Paid vacations; and(f ) Automatic promotion to the next higher position suitable to his qualifications and with commensurate salary; provided, that if there is no next higher position or it is not vacant, said position shall be included in the next budget of the office; except when the creation of a new position will result in distortion in the organizational structure of the department, office or agency. Where there is no next higher position immediately available, a salary increase equivalent to the next higher position shall be given and incorporated in the base pay. When a new position is created, that which is vacated shall be deemed abolished. The grants of awards shall be governed by the merit and fitness principle.

III. Illustration of the Principle

A. A possessed a lower position in a certain State University in Bohol. Then, A decided to apply the next higher position in a State University in Cebu. Her qualification was assessed by the Personnel Selection Board of the said State University as well as the Civil Service Commission. Consequently, she was appointed to acquire the said higher position. (this is a movement from one agency to another)

IV. References

BookAgpalo, Ruben (2005). Administrative Law, Law on Public Officers and Election Law. Quezon City, Philippines: Rex Printing Company, Inc.Online SourcesCSCRO No. VII Decision(November 22, 2001).Retrieved from http://excell.csc.gov.ph/mread03/res-030233.htmlSC Judiciary. (February 2010).Retrieved from http://sc.judiciary.gov.ph/jurisprudence/2010/february2010/176707.htm