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This page features the full text of
Republic Act No. 7041
AN
ACT REQUIRING REGULAR PUBLICATION OF EXISTING VACANT POSITIONS IN
GOVERNMENT
OFFICES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 7041AN
ACT REQUIRING REGULAR PUBLICATION OF EXISTING VACANT POSITIONS IN
GOVERNMENT
OFFICES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
Section
1. Policy. — It shall be the
policy of the Government to promote efficiency in the allocation of
personnel
in the civil service, as well as transparency and equal opportunities
in
the recruitment and hiring of new personnel.chanrobles virtuallaw libraryred
Sec.
2. Duty of Personnel Officers.
— It shall be the duty of all Chief Personnel or Administrative
Officers
of all branches, subdivisions, instrumentalities and agencies of the
Government,
including government-owned or controlled corporations with original
charters,
and local government units, to post in three (3) conspicuous places of
their offices for a period of ten (10) days a complete list of all
existing
vacant positions in their respective offices which are authorized to be
filled, and to transmit a copy of such list and the corresponding
qualification
standards to the Civil Service Commission not later than the tenth day
of every month. Vacant positions shall not be filled until after
publication:
Provided, however, That vacant unfilled positions that are:chanroblesvirtualawlibrary
(a) primarily
confidential;
(b) policy-determining;chanrobles virtuallaw libraryred
(c) highly
technical;
(d) coterminous
with that of the appointing authority, orchanrobles virtuallaw libraryred
(e) limited
to the duration of a particular project shall be excluded from the list
required under this Law.
Sec.
3. Publication of Vacancies.
— The Chairman and members of the Civil Service Commission shall
publish
once every quarter a complete list of all the existing vacant positions
in the Government throughout the country, including the qualification
standards
required for each position and, thereafter, certify under oath to the
completion
of publication. Copies of such publication shall be sold at cost to the
public and distributed free of charge to the various personnel offices
of the government where they shall be available for inspection by the
public:
Provided, That said publication shall be posted by the Chief Personnel
or Administrative Officer of all local government units in at least
three
(3) public and conspicuous places in their respective municipalities
and
provinces: Provided, further, That any vacant position published
therein
shall be open to any qualified person who does not necessarily belong
to
the same office with the vacancy or who occupies a position next-in
rank
to the vacancy: Provided, finally, That the Civil Service Commission
shall
not act on any appointment to fill up a vacant position unless the same
has been reported to and published by the Commission.chanrobles virtuallaw libraryred
Sec.
4. Penalties. — (a) Any violation
of Sections 2 and or 3 of this Act and its implementing rules and
regulations
shall subject the official concerned to public censure without
prejudice
to the withholding of his salary pending compliance with the
requirements
as provided in this Act.
(b) Any
repeated and willful violation of Sections 2 and/or 3 of this Act and
it's
implementing rules and regulations shall subject the official concerned
to criminal prosecution and, upon conviction, suffer the penalty of
imprisonment
of two (2) years and/or a fine of not less than Five Thousand pesos
(P5,000.00)
nor more than Ten thousand pesos (P10,000.00), at the discretion of the
court.
Sec.
5. Jurisdiction. — The Civil
Service Commission shall have original and exclusive jurisdiction to
investigate
and recommend for prosecution all cases of violation of this Act:
Provided,
however, That in case the violation is alleged to have been committed
by
the Chairman and/or any of the Commissioners of the Civil Service
Commission,
the Ombudsman shall have original and exclusive jurisdiction over the
investigation
and prosecution of said alleged violation.
Sec.
6. Implementing Rules. — The
Civil Service Commission shall issue the rules and regulations
necessary
for the effective implementation of this Act.chanrobles virtuallaw libraryred
Sec.
7. Existing Laws. — Without prejudice
to the provisions of existing laws requiring the posting or disclosure
of matters of public interest, the provisions of this Act shall not
apply
during any period when there is a ban on hiring.
Sec.
8. Appropriation. — The amount
necessary for the effective implementation of this At shall be charged
against the appropriations for the Civil Service Commission under the
current
General Appropriations Act. Thereafter, such amount as may be necessary
for the continuous implementation of this Act shall be included in the
annual General Appropriations Act.
Sec.
9. Repealing Clause. — All laws,
decrees, orders, rules and regulations or parts thereof inconsistent
with
this Act or the rules and regulations promulgated pursuant thereto are
hereby repealed or amended accordingly.chanrobles virtuallaw libraryred
Sec.
10. Separability Clause. — If
any provision of this Act is declared unconstitutional or inoperative,
the other provisions not so declared shall remain in force and effect.
Sec.
11. Effectivity. — This Act shall
take effect fifteen (15) days after publication in any newspaper of
general
circulation.
Approved:
June 5, 1991
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