Revised Policies on Change of Status of Appointment from Temporary to Permanent

June 22, 2012 BIR MEMORANDUM TO : All Revenue Officials and Employees Concerned SUBJECT : Revised Policies on Change of Status of Appointment from Temporary to Permanent For the information and guidance of all concerned, please disseminate in all Bureau Offices the attached copy of CSC Memorandum Circular No. 06, s. 2007 signed by Chairman Karina Constantino-David together with its attachments relative to the above-mentioned subject matter. You are enjoined to post the copy of this issuance in your Office Bulletin Board, or in a conspicuous place within your Office, to ensure that it shall be given the most extensive publicity possible. (SGD.) CELIA C. KING Deputy Commissioner Resource Management Group ATTACHMENT April 10, 2007 CSC MEMORANDUM CIRCULAR NO. 06-07 TO : All Heads of Constitutional Bodies; Departments, Bureaus and Agencies of the National Government; Local Government Units; Government-Owned or Controlled Corporations with Original Charters; and State Universities and Colleges SUBJECT : Revised Policies on Change of Status of Appointment from Temporary to Permanent In the light of the Supreme Court ruling that a new appointment is required to be issued by the appointing authority to effect the change of status of appointment from temporary to permanent " since a permanent appointment is not a continuation of the temporary appointment ", the Commission has promulgated CSC Resolution No. 07-0629 dated April 4, 2007 adopting the following revised policies and guidelines on change of status of appointment from temporary to permanent: 1. The position involved should be published in compliance with Item 8 of CSC MC No. 20, s. 2002, which provides that a position occupied by a temporary employee should be published and posted every 6 months reckoned from the date the position was last published. 2. If upon publication, there are qualified applicants other than the temporary employee, the appointing authority shall require the temporary employee to undergo Personnel Selection Board (PSB) screening together with the other applicants. 3. If upon publication there are no other qualified applicants, the appointing authority may decide to appoint the temporary employee, provided the latter's performance rating is at least Satisfactory. EASCDH a) If the performance rating is at least Satisfactory, the temporary employee shall be required to undergo PSB screening and probationary period. b) If the performance rating is Very Satisfactory or higher, the temporary employee shall be exempted from PSB screening and probationary period. c) The temporary employee should present to the appointing authority proofs of meeting the deficiencies (such as the certificate of eligibility or proof of meeting the education, training and/or experience requirements). 4. If finally, after compliance with policy numbers 1, 2 and 3 hereof, the existing temporary employee is appointed again: a) A new (permanent) appointment should be issued. b) The date of effectivity of the appointment is the date of issuance of the permanent appointment, not the date the deficiency in qualification standards was met or proof thereof was presented. 5. The nature of appointment of a temporary employee who has been issued a permanent appointment is not change of status , but reappointment or reemployment, if in the case of the latter, there is gap in the service. aICcHA 6. The following rules are expressly amended or repealed: a) Section 4 (i) Rule III of the Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 40, s. 1998 as amended by CSC MC No. 15, s. 1999) b) Section 2, Rule IV (Effectivity of Appointment) of the same Omnibus Rules c) Section 6. Rule VI of the same Omnibus Rules d) Section 5 (c) of the Rules on Probationary Period for Permanent Appointment in the Career Service (CSC MC No. 3, s. 2005) All other rules and regulations which are inconsistent herewith are deemed modified accordingly. This Memorandum Circular takes effect fifteen (15) days from the publication of CSC Resolution No. 07-0629 in a newspaper of general circulation. (SGD.) KARINA CONSTANTINO-DAVID Chairman Published in The Manila Times on May 10, 2007. April 4, 2007 CSC RESOLUTION NO. 070629 REVISED POLICIES ON CHANGE OF STATUS OF APPOINTMENT FROM TEMPORARY TO PERMANENT WHEREAS, Section 2 (1), Article IX-B of the 1987 Constitution, provides that the Civil Service embraces all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters; WHEREAS, Section 12 (3), Chapter 3, Title I (A), Book V of the Administrative Code of 1987, provides that the Commission shall promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs to promote economical, efficient and effective personnel administration in the government; WHEREAS, Section 12 (14), Chapter 3, Title I (A), Book V of the Administrative Code of 1987, provides that the Commission shall take appropriate action on all appointments and other personnel matters in the Civil Service; WHEREAS, Section 2, Rule IV (Effectivity of Appointment) of the Revised Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 40, s. 1998 as amended by CSC MC No. 15, s. 1999) provides that: ". . . The effectivity of the change of status should be the date of release of the result of the examination and/or the date of issuance of appropriate license/s. The same shall be made upon the presentation of the certificate of eligibility to the proper civil service field/regional office and subsequent verification of its authenticity. Said office shall indicate the effectivity of the change of status from temporary to permanent as a footnote on the temporary appointment and service card on file." (emphasis supplied); TADCSE WHEREAS, the Supreme Court, in the case of Torio vs. CSC, 209 SCRA 677, held the principle that "(a) permanent appointment is not a continuation of the temporary appointment these are two distinct acts of the appointing authority . " (Emphasis supplied); WHEREAS, in explaining further the said principle, the High Tribunal, in the case of Province of Camarines Sur vs. CA, 246 SCRA 281 , ruled that: ". . . Such lack of civil service eligibility made his appointment temporary and without a fixed and definite term and is dependent entirely upon the pleasure of the appointing power. The fact that private respondent obtained a civil service eligibility later on is of no moment as his having passed the supervisory security guard examination, did not ipso facto convert his temporary appointment into a permanent one. In cases such as the one at bench, what is required is a new appointment since a permanent appointment is not a continuation of the temporary appointment these are two distinct acts of the appointing authority." (emphasis supplied); WHEREAS, in view of the aforequoted Supreme Court rulings, the Commission recognizes the need to amend its existing policies pertaining to change of status from temporary to permanent, specifically Section 4 (i), Rule III, Section 2, Rule IV (Effectivity of Appointment), and Section 6, Rule VI of the Revised Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 40, s. 1998 as amended by CSC MC No. 15, s. 1999); WHEREAS, an incumbent temporary appointee whose performance rating while on temporary status is very satisfactory or higher is likely to have proven his/her capacity and hence, need not be subjected to probationary period when appointed again, this time on permanent status; NOW, THEREFORE, the Commission, in the exercise of its rule-making and policy formulation functions, RESOLVED to adopt the following revised policies and guidelines on change of status of appointment from temporary to permanent: 1. The position involved should be published in compliance with Item 8 of CSC MC No. 20, s. 2002, which provides that a position occupied by a temporary employee should be published and posted every 6 months reckoned from the date the position was last published. HDacIT 2. If upon publication, there are qualified applicants other than the temporary employee, the appointing authority shall require the temporary employee to undergo PSB screening together with the other applicants. 3. If upon publication there are no other qualified applicants, the appointing authority may decide to appoint the temporary employee, provided the latter's performance rating is at least Satisfactory. a) If the performance rating is at least Satisfactory, the temporary employee shall be required to undergo PSB screening and probationary period. b) If the performance rating is Very Satisfactory or higher, the temporary employee shall be exempted from PSB screening and probationary period. c) The temporary employee should present to the appointing authority proofs of meeting the deficiencies (such as the certificate of eligibility or proof of meeting the education, training and/or experience requirements). 4. If finally, after compliance with Item numbers 1, 2 and 3 hereof, the existing temporary employee is appointed again: a) A new (permanent) appointment should be issued. b) The date of effectivity of the appointment is the date of issuance of the permanent appointment, not the date the deficiency in qualification standards was met or proof thereof was presented. 5. The nature of appointment of a temporary employee who has been issued a permanent appointment is not change of status , but reappointment or reemployment, if in the case of the latter, there is gap in the service. EDISTc RESOLVED FURTHER that the abovementioned policies expressly amend or repeal the following rules: a. Section 4 (i) Rule III of the Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 40, s. 1998 as amended by CSC MC No. 15, s. 1999) b. Section 2, Rule IV (Effectivity of Appointment) of the same Omnibus Rules c. Section 6, Rule IV of the same Omnibus Rules d. Section 5 (c) of the Rules on Probationary Period for Permanent Appointment in the Career Service (CSC MC No. 3, s. 2005) All other rules and regulations which are inconsistent herewith are deemed modified accordingly. This Resolution shall take effect fifteen (15) days after publication in a newspaper of general circulation. DICcTa Quezon City, April 4, 2007. (SGD.) KARINA CONSTANTINO-DAVID Chairman (SGD.) CESAR D. BUENAFLOR Commissioner (SGD.) MARY ANN Z. FERNANDEZ-MENDOZA Commissioner Attested by: (SGD.) JUDITH D. CHICANO Director IV Commission Secretariat-Liaison Office Published in The Manila Times on May 10, 2007 .