JUDGES AND PERSONNEL OF THE REGIONAL TRIAL COURTS, SHARI’A DISTRICT
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL
IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’A CIRCUIT COURTS
IMPLEMENTING R. A. 7041 REQUIRING THE REGULAR PUBLICATION OF EXISTING
POSITIONS IN GOVERNMENT OFFICES.
is Memorandum Circular No. 27, S. 1991, of the Civil Service
for the information and guidance of all concerned:chanroblesvirtuallawlibrary
6 of Republic Act No. 7041, otherwise known as An Act Requiring
of Existing Vacant Positions in Government Offices, the Civil
Commission has promulgated the following rules:chanroblesvirtuallawlibrary
- These rules and regulations shall apply to all branches,
instrumentalities and agencies of the Government, including
or controlled corporations with original charters, state colleges and
and local government units.cralaw
"Section 2. Policy
and Objectives. - It is hereby declared the policy of the
to promote efficiency in the allocation of personnel in the civil
as well as transparency and equal opportunities in the recruitment and
hiring of new personnel.
"Section 3. Definition
of Terms. - As used in these Rules, the following shall mean:chanroblesvirtuallawlibrary
standards – refers to the minimum requirements of the vacant
which shall include the education, experience, training, civil service
eligibility and physical characteristic and personality traits required
by the job. Such qualification standards shall be approved by the Civil
complete list of all vacant positions in the government together with
corresponding qualification standards issued by the Civil Service
every quarter of the year.
– refers to the highest Administrative Officer/Human Resources
Officer in the unit, section or department and/or agency or any person
acting in such capacity as authorized by the head of office.
"Section 4. Posting
of Vacant Positions. - All vacant positions in the agency
to be filled shall be posted in at least three  conspicuous places
the respective offices.
is authorized to be filled if funds have been allocated therefore and
appointing authority signifies his intention to fill the same.
"Section 5. Responsibility.
- The Personnel Officer of every department or agency shall:chanroblesvirtuallawlibrary
the unfilled/vacant positions in their respective agencies;
2. Post in
(3) conspicuous places in their respective offices for a period of ten
(10) days a complete list of all vacant positions which are authorized
to be filled; and cralaw
3. Submit a
of the list of said vacant positions and their corresponding
standards to the Civil Service Commission within thirty (30) days upon
effectivity of these Rules. Thereafter, submission shall be made not
than 10th day of every month.
Service Provincial Office:chanroblesvirtuallawlibrary
Service Field Office
proper and its bureaus and offices; and
and controlled corporations [including financial] institutions proper
their branches or regional offices the head of which is not authorized
Service Regional Office;
offices of department and regionalized bureaus within its jurisdiction;
or regional offices of Government-Owned or Controlled Corporations
the head is empowered to appoint; and
list shall be done in the following manner:chanroblesvirtuallawlibrary
The Field and
Offices will then forward the lists that they received to the Civil
Regional Office which has jurisdiction over them. The Regional Office
then submit all the lists it received to the Commission Proper.
"Section 6. Exceptions.
- The following positions are not covered by these Rules:chanroblesvirtuallawlibrary
with that of the appointing authority;
or positions whose tenure of office is limited to the duration of a
project; and cralaw
positions identified under section 9, Subtitle A, Title I, Book V of
Order No. 292.
"Section 7. Publication
of Vacancies. - The Civil Service Commission shall publish a
list of all existing vacant positions in the government throughout the
country every quarter including the qualification standards required
may apply for any of these vacancies.
"Section 8. Publication
Procedure. -The Civil Service Commission shall:chanroblesvirtuallawlibrary
all lists of vacant positions and the corresponding qualifications
submitted by the agencies;
2. Print in
form the above consolidated lists; and cralaw
oath to the completion of the publication of each bulletin which shall
be known as the Bulletin of Vacancies in the Civil Service.
vacant by the death, resignation, retirement or transfer of the former
of the Bulletin shall only include positions which:chanroblesvirtuallawlibrary
"Section 9. Distribution
Procedure. - The CSC shall:chanroblesvirtuallawlibrary
disseminate said Bulletin free of charge to the various personnel
of the government provided that:chanroblesvirtuallawlibrary
made available for inspection by the public; and
shall be posted by the Administrative/ Personnel Officer of all Local
Units in at least three (3) public places in their respective
2. Sell the
to the public at cost thru its regional/provincial/field offices or
accredited book stores.
"Section 10. Prohibitions.
- The appointing authority shall not fill, and the Civil service
shall not act, on any appointment to fill up a vacant position unless
same has been duly posted by the agency concerned in accordance with
4 and 5 of these Rules and included in the Bulletin of Vacant Positions
published by the Civil Service Commission.
"Section 11. Criminal
Liability. - All responsible officials who violate any provisions
RA 7041 or fail to abide by these rules shall suffer the following
– Public censure without prejudice to the withholding of his
etc. – Criminal prosecution and upon conviction, suffer the penalty
of imprisonment of two (2) years and/or a fine of not less than Five
- The Civil Service Commission shall have original and exclusive
to investigate and recommend for prosecution all cases of violation of
this Act. Provided; 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
over the investigation and prosecution of said alleged violation.
"Section 13. Inapplicability
of these Rules. - Without prejudice to the provisions of
laws requiring the posting or disclosure of matters of public interest,
the provisions of these Rules shall not apply during any period when
is a ban on hiring.
"Section 14. Repeal
or Amendment of Rules. - All existing rules and regulations
with these Rules are hereby repealed or amended accordingly.
"Section 15. Effectivity.
- These Rules shall take effect thirty days following the completion of
their publication in the Official Gazette or in a newspaper of general
P5,000.00) nor more than Ten thousand pesos ( P10,000.00),
at the discretion of the court.
PATRICIA A. STO. TOMAS
November 11, 1991.