CIRCULAR
NO. 43-91
TO: ALL
JUDGES AND PERSONNEL OF THE REGIONAL TRIAL COURTS, SHARI’A DISTRICT
COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL
COURT
IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’A CIRCUIT COURTS
SUBJECT: RULES
IMPLEMENTING R. A. 7041 REQUIRING THE REGULAR PUBLICATION OF EXISTING
VACANT
POSITIONS IN GOVERNMENT OFFICES.
Quoted hereunder
is Memorandum Circular No. 27, S. 1991, of the Civil Service
Commission,
for the information and guidance of all concerned:chanroblesvirtuallawlibrary
"Pursuant
to Section
6 of Republic Act No. 7041, otherwise known as An Act Requiring
Publication
of Existing Vacant Positions in Government Offices, the Civil
Service
Commission has promulgated the following rules:chanroblesvirtuallawlibrary
"Section 1.
Coverage.
- These rules and regulations shall apply to all branches,
subdivisions,
instrumentalities and agencies of the Government, including
government-owned
or controlled corporations with original charters, state colleges and
universities
and local government units.cralaw:red
"Section 2. Policy
and Objectives. - It is hereby declared 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.
"Section 3. Definition
of Terms. - As used in these Rules, the following shall mean:chanroblesvirtuallawlibrary
a. Qualification
standards – refers to the minimum requirements of the vacant
positions
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
Service Commission.
b. Bulletin
–
complete list of all vacant positions in the government together with
their
corresponding qualification standards issued by the Civil Service
Commission
every quarter of the year.
c. Personnel
Officer
– refers to the highest Administrative Officer/Human Resources
Management
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
authorized
to be filled shall be posted in at least three [3] conspicuous places
of
the respective offices.
"A vacant
position
is authorized to be filled if funds have been allocated therefore and
the
appointing authority signifies his intention to fill the same.
"Section 5. Responsibility.
- The Personnel Officer of every department or agency shall:chanroblesvirtuallawlibrary
1.
Identify all
the unfilled/vacant positions in their respective agencies;
2. Post in
three
(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:red
3. Submit a
copy
of the list of said vacant positions and their corresponding
qualification
standards to the Civil Service Commission within thirty (30) days upon
effectivity of these Rules. Thereafter, submission shall be made not
later
than 10th day of every month.
Submission of
the
list shall be done in the following manner:chanroblesvirtuallawlibrary
3.1 To
the Civil
Service Provincial Office:chanroblesvirtuallawlibrary
3.1.1
Local Government
Units
3.2 To
the Civil
Service Field Office
3.2.1
Department
proper and its bureaus and offices; and
3.2.2
Government-owned
and controlled corporations [including financial] institutions proper
and
their branches or regional offices the head of which is not authorized
to appoint.
3.3 To
the Civil
Service Regional Office;
3.3.1
Regional
offices of department and regionalized bureaus within its jurisdiction;
3.3.2
Branches
or regional offices of Government-Owned or Controlled Corporations
where
the head is empowered to appoint; and
3.3.3
State Universities
and Colleges
The Field and
Provincial
Offices will then forward the lists that they received to the Civil
Service
Regional Office which has jurisdiction over them. The Regional Office
will
then submit all the lists it received to the Commission Proper.
"Section 6. Exceptions.
- The following positions are not covered by these Rules:chanroblesvirtuallawlibrary
1.
primarily confidential
positions;
2.
policy-determining;
3. highly
technical;
4.
positions co-terminous
with that of the appointing authority;
5.
contractual positions
or positions whose tenure of office is limited to the duration of a
particular
project; and cralaw:red
6. other
non-career
positions identified under section 9, Subtitle A, Title I, Book V of
Executive
Order No. 292.
"Section 7. Publication
of Vacancies. - The Civil Service Commission shall publish a
complete
list of all existing vacant positions in the government throughout the
country every quarter including the qualification standards required
for
each position.
Any qualified
person
may apply for any of these vacancies.
"Section 8. Publication
Procedure. -The Civil Service Commission shall:chanroblesvirtuallawlibrary
1.
Consolidate
all lists of vacant positions and the corresponding qualifications
standards
submitted by the agencies;
2. Print in
bulletin
form the above consolidated lists; and cralaw:red
3. Certify
under
oath to the completion of the publication of each bulletin which shall
be known as the Bulletin of Vacancies in the Civil Service.
Subsequent
issues
of the Bulletin shall only include positions which:chanroblesvirtuallawlibrary
1. Have
been made
vacant by the death, resignation, retirement or transfer of the former
incumbent; or
2. Have
been newly
created.
"Section 9. Distribution
Procedure. - The CSC shall:chanroblesvirtuallawlibrary
1.
Distribute and
disseminate said Bulletin free of charge to the various personnel
offices
of the government provided that:chanroblesvirtuallawlibrary
1.1 It
shall be
made available for inspection by the public; and
1.2 The
Bulletin
shall be posted by the Administrative/ Personnel Officer of all Local
Government
Units in at least three (3) public places in their respective
municipalities
and provinces.
2. Sell the
Bulletin
to the public at cost thru its regional/provincial/field offices or
thru
accredited book stores.
"Section 10. Prohibitions.
- The appointing authority shall not fill, and the Civil service
Commission
shall not act, on any appointment to fill up a vacant position unless
the
same has been duly posted by the agency concerned in accordance with
Sections
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
of
RA 7041 or fail to abide by these rules shall suffer the following
penalties:chanroblesvirtuallawlibrary
1. First
Offense
– Public censure without prejudice to the withholding of his
salary;
2. Second
Offense,
etc. – 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.
"Section 12.
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; 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.
"Section 13. Inapplicability
of these Rules. - Without prejudice to the provisions of
existing
laws requiring the posting or disclosure of matters of public interest,
the provisions of these Rules shall not apply during any period when
there
is a ban on hiring.
"Section 14. Repeal
or Amendment of Rules. - All existing rules and regulations
inconsistent
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
circulation.
"[Sgd.]
PATRICIA A. STO. TOMAS
Chairman"
Please be
guided
accordingly.cralaw:red
Manila,
Philippines,
November 11, 1991.
[Sgd.]
JOSUE
N. BELLOSILLOCourt
Administrator
|