Rules Implementing Republic Act No. 6850
Revenue Memorandum Circular No. 022-90 • Bureau of Internal Revenue (BIR) Issuances • Revenue Memorandum Circulars • Mar 8, 1990
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March 8, 1990 REVENUE MEMORANDUM CIRCULAR NO. 022-90 SUBJECT : Rules Implementing Republic Act No. 6850 TO : All Revenue Officials and Employees and Others Concerned For the information and guidance of all officials and employees, quoted hereunder are the Rules Implementing Republic Act No. 6850 dated March 5, 1990 issued by the Civil Service Commission. "Pursuant to the provisions of Sections 1 and 2 of RA No. 6850, entitled "An Act to Grant Civil Service Eligibility Under Certain Conditions to Government Employees Under Provisional or Temporary Status Who Have Rendered a Total of Seven (7) Years of Efficient Service, and for Other Purposes", approved on February 8, 1990 and which took effect on February 27, 1990, the following implementing Rules are hereby promulgated: RULE I SCOPE AND DEFINITION OF TERMS Sec. 1. Except as otherwise provided herein, these Rules shall apply to all government employees in the national and local government units, including government-owned or controlled corporations with original charters, who as of the approval of the Act, are holding career service positions under provisional or temporary status and have rendered a total of at least seven (7) years of efficient service . casia Sec. 2. The terms below shall be construed as follows: (a) Provisional appointment refers to an appointment of public school teachers who possess the minimum educational qualifications but lack the appropriate civil service eligibility provided in the Magna Carta for Public School Teachers. (b) Temporary appointment refers to an appointment issued to a person who meets all the requirements for the positions to which he has been appointed, except the appropriate civil service eligibility. This does not refer to temporary appointment of teachers. (c) Seven (7) years of service refers to the aggregate or total number of years of government service which need not be continuous, in the career or non-career service, whether appointive, elective, casual, emergency, seasonal, contractual or co-terminous, including military and police service, as evaluated and confirmed by the Civil Service Commission: Provided , that the last twelve (12) months must have been in the career service and covered by a valid and approved appointment by the Civil Service Commission. (d) Efficient service refers to the employee's performance for the last two semestral rating periods which must be at least "Satisfactory". RULE II GRANT AND APPLICABILITY OF ELIGIBILITY Sec. 1. The civil service eligibility that may be granted to an employee who meets the requirements under Rule I shall be as follows: (a) RA 6850 Career Service (Professional) eligibility for those holding second level positions which are professional, technical and scientific. For qualified teachers, the eligibility shall be RA 6850 Teacher , which would qualify them for registration as Professional Teacher under PD 1006. (b) RA 6850 Career Service (Subprofessional) eligibility for those holding first level positions which are in the clerical, trades, crafts, and custodial service. Sec. 2. The civil service eligibility granted shall be appropriate for permanent appointment to the position which the employee has been holding for at least three (3) months as of the approval of the Act, provided the appointee meets the other qualification requirements. Sec. 3. The civil service eligibility granted shall likewise be appropriate for permanent appointment to other positions in the same level provided the appointee meets the qualification requirements. RULE III APPOINTMENTS EXCLUDED Sec. 1. Employees holding any of the following appointments are not entitled to the grant of civil service eligibility provided for in these Rules: (a) Temporary appointments in the closed career service and highly technical positions, such as those in the scientific career service and faculty and academic staff of state universities and colleges and foreign service officers; (b) Temporary appointments to positions requiring eligibilities resulting from bar/board examinations; and (c) Appointments of military personnel and members of the Integrated National Police. RULE IV REQUIREMENTS FOR GRANT Sec. 1. Qualified applicants may submit their applications with the nearest Civil Service Regional, Field or Provincial Office together with the following: 1) Latest approved provisional or temporary appointment; 2) Official service record certified true and correct by the head of agency; 3) A certification signed by the head of agency that the employee's performance rating is at least satisfactory during the last two semestral rating periods; and 4) Fee in the amount of One Hundred Pesos (P100.00). Sec. 2. The Civil Service Commission shall issue the corresponding certificate of Civil Service eligibility which shall be effective as of the approval of RA 6850. Sec. 3. On the basis of this eligibility, heads of agencies may propose the employee for permanent appointment to his present position. RULE V EFFECTIVITY Sec. 1. These Rules shall take effect immediately. Quezon City, March 5, 1990. PATRICIA A. STO. TOMAS Chairman SAMILO N. BARLONGAY MARIO D. YANGCO Commissioner Commissioner" Application forms may be secured from the Personnel Division. All revenue officials and employees are enjoined to give this circular as wide a publicity as possible. (SGD.) EUFRACIO D. SANTOS Deputy Commissioner
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