Merit Promotion Plan

October 20, 1992 REVENUE MEMORANDUM ORDER NO. 22-93 SUBJECT : Merit Promotion Plan TO : All Revenue Officials and Employees Pursuant to the provisions of Section 32, Book V of Executive Order No. 292, otherwise known as the Administrative Code of 1987, Resolution No. 83-343, promulgating the revised rule on promotion, CSC Memorandum Circular No. 3, s. 1979 as amended by Memorandum Circular No. 18, s. 1988, and Memorandum Circular No. 38, s. 1989, this Merit Promotion Plan (MPP) is hereby established for the guidance of all concerned. I. OBJECTIVES It is hereby declared the policy of the Bureau of Internal Revenue to adhere strictly to the merit principle in the promotion of employees. In the implementation of this policy, the following objectives are hereby established: 1. Set up a promotion system characterized by strict observance of the merit principle; 2. Create equal opportunities for advancement to all qualified and competent employees of the Bureau; 3. Provide a guide for the speedy and fair adjudication of protests of employees against promotion. II. SCOPE This Merit Promotion Plan shall cover all positions in the Bureau of Internal Revenue classified under the first and second levels of the career service including those in the regional and/or field offices, except those positions in the Career Executive Service. III. DEFINITION OF TERMS 1. Promotion - the advancement of an employee from one position to another with an increase in duties and responsibilities as authorized by law and usually accompanied by an increase in salary. 2. Merit Promotion - a systematic method of selecting employees for advancement or promotion on the basis of their qualifications, fitness, and ability to perform the duties and assume the responsibilities of the position being filled. 3. Career Service - a category of service in the Philippine Civil Service characterized by entrance to positions based on merit and fitness to be determined as far as practicable by competitive examinations, opportunity for advancement to higher career positions, and security of tenure. 4. First Level Positions - positions falling under the group of clerical, trades, crafts, and custodial services which involve sub-professional work in a non-supervisory or supervisory capacity requiring less than four (4) years of collegiate studies. 5. Second Level Positions - positions falling under the group of professional, technical, and scientific services requiring completion of four (4) years college work and professional civil service eligibility in a supervisory or non-supervisory capacity. 6. Qualification Standards - statement of the minimum qualification for a position which shall include education, experience, training, civil service eligibility, physical characteristics and personality traits required by the position. 7. Next-in-Rank Position - refers to a position which by reason of the hierarchical arrangement of position in the BIR is the nearest degree of relationship to a higher position, taking into account the following: a. organizational structure/s as reflected in the approved organizational chart; aisa dc b. salary grade allocation; c. classification and/or functional relationship of positions; and d. geographical location. The next-in-rank positions must be shown in the CSC approved System of Ranking Positions (SRP). 8. Qualified Next-in-Rank - refers to an employee appointed on a permanent basis to a position previously determined to be next-in-rank to the vacancy proposed to be filled and who meets the requisites for appointment thereto as previously determined by the appointing authority and approved by the Civil Service Commission. 9. Promotion Line-up - a listing of incumbents of positions next-in-rank to a vacancy as well as those who, though not next-in-rank, are deemed qualified and competent, together with all necessary information about each incumbent. 10. Superior Qualifications - an outstanding relevant work experience and specialized academic preparation or training appropriate for the position to be filled. It shall include an outstanding performance representing an extra-ordinary level of achievement and commitment in terms of quality and time, technical knowledge and skill, ingenuity, creativity and initiative, and demonstration of exceptional job mastery in all areas of responsibility. 11. Open Position - refer to those positions that do not have any position next-in-rank which may be filled by promotion. IV. BASIC POLICIES 1. To be considered for promotion, employees in the Bureau of Internal Revenue must meet the following conditions: a. Must copy positions next-in-rank to the vacancy; b. Must be included in the Final List of Promotable Employees submitted by Service Chiefs/Regional Directors; c. Must meet the minimum Qualifications Standards of the vacant position. 2. When a position in the First Level becomes vacant, employees who occupy the next lower positions in the occupational group under which the vacant position is classified, and in other functionally related occupational groups, who are competent, qualified, and with the appropriate civil service eligibility shall be considered for promotion. 3. When a position in the Second Level becomes vacant, employees who occupy the next lower positions in the occupational group under which the vacant position is classified, and in other functionally related occupational groups, who are competent, qualified, and with the appropriate civil service eligibility shall be considered for promotion. 4. The appointing authority may promote an employee who is not next-in-rank but who possesses superior qualifications and competence compared to a next-in-rank employee who merely meets the minimum requirements for promotion to the position. 5. All candidates for promotion shall be screened by a Selection Board which shall have the following composition pursuant to MC 18, s. 1988, as amended by MC 38, s. 1989: a. An official of the Bureau directly responsible for personnel management; b. A representative of management; c. A representative of the Service where the Vacancy is; d. Two (2) representatives of the rank and file employees, one from the First Level and another from the Second Level who shall both be chosen at large by the employees through a general election called for the purpose. 6. The comparative degree of competence and qualification of the employees shall be determined by the following criteria: a. Performance - this shall be based on the latest performance rating of the employee. No employee shall be considered for promotion unless the latest performance rating is Very Satisfactory. For Revenue Officers in the Assessment Group, performance shall be based on the 6-month performance rating and accomplishment in assessments and collection for (2) semesters. The Performance rating should be submitted to Personnel Division thirty (30) days after the end of each semester. If the said rating is not available, candidates for promotion in the Final List of Promotable Employees shall not be included in the promotional line-up. aisa dc b. Education and Training - these shall include educational background and the successful completion of training courses, scholarships, training grants and others which must be relevant to the duties and responsibilities of the position to be filled. c. Experience and Outstanding Accomplishment - these shall include occupational history, work experience and accomplishments. Civil Service awards and other awards for outstanding accomplishments shall be given consideration. d. Physical Characteristics and Personality Traits - these refer to the physical fitness, attitudes and personality traits of the employees which must have a bearing on the position to be filled. e. Potential - this refers to the employee's capacity not only to perform the duties and assume the responsibilities of the position to be filled but also those of higher and more responsible positions. 7. In cases where the qualifications of employees are comparatively equal, preference shall be given to the employee in the organizational unit where the vacant position exist. In cases where all things are still equal, seniority in the position or in the functionally related position shall be considered. 8. A next-in-rank employee who is qualified and competent shall not be promoted if he rejects the new assignment as a result of the promotion because of geographical location. The vacancy may be filled by one who is qualified, competent, and willing to accept assignment. 9. No other civil service eligibility shall be required for promotion to higher positions in the same level of the career service and within the same functionally related grouping of position. 10. Insiders are given preference for promotion to a hiring level position provided they meet the minimum qualification requirements of the said position. cd 11. No outside recommendation for promotion in favor of an employee, whether oral or written, shall be considered. The presentation of any such recommendation shall be considered an unwarranted interference in the public service. 12. Lack of confidence shall not be accepted as a reason for disqualifying an employee from promotion. The reason must be real and substantial. 13. In the event of changes in the organizational structure or occupational grouping, the line of promotion shall be determined on the basis of the new organizational grouping. 14. In filling new positions, except at the lowest level, existing positions in the organization which are similar or allied to the position shall be considered next-in-rank to the new position. 15. An employee who has pending administrative case shall be disqualified for promotion during the pendency thereof. If found guilty, he shall be disqualified for promotion for a period based on the penalty imposed. A pending administrative case shall be construed as follows: a. when the appointing authority has already filed a formal charge; or b. in case of a complaint of a private person, a prima facie case is already found to exist by the disciplining authority. 16. An appointment though contested shall take effect immediately upon its issuance provided that if the appointee assumes the duties of the position he shall be entitled to receive the salary attached to the position. However, the appointment together with the decision of the BIR Commissioner shall submitted to the Civil Service Commission for appropriate action within thirty (30) days from the date of its issuance; otherwise, the appointment shall become ineffective thereafter. Likewise, such an appointment shall become ineffective in case the protest is finally resolved in favor of the protestant, in which case the protestee shall be reverted to his former position. V. PROCEDURES ON PROMOTION 1. The Chief, Personnel Division, shall furnish the Assistant Commissioners (Services) and the Regional Directors copies of the Plantilla of Personnel. In the regional offices, the Chief, Administrative Branch, shall notify in writing the Chief of Branches and Revenue District Officers about the vacancies in the region at the end of each quarter. 2. The Chief, Personnel Division/Chief, Administrative Branch of the regional offices shall post the list of vacancies in three (3) conspicuous places in the office and cause its publication in a daily newspaper with a wide circulation. acd 3. Pursuant to RMO No. 26-83, at the end of each performance rating period, the Assistant Commissioners, Regional Directors, and Heads of Offices under the Office of the Commissioner shall submit to the Personnel Division a Final List of Promotable Employees. No addendum or supplemental list shall be allowed. The Final List of Promotable Employees for vacancies falling within the jurisdiction of the Regional Director shall no longer be submitted to the Personnel Division. 4. To effectively implement transparency on promotion, the List of Promotable Employees as prepared in the Revenue District, Branches, and divisions shall be posted in a conspicuous place, within their respective offices for the information and guidance of their employees. The Final List of Promotable Employees as decided upon the Region/Service shall also be posted in a conspicuous place in the Administrative Branch of the Region and the offices of the Assistant Commissioners, respectively. 5. The Chief, Personnel Division/Chief, Administrative Branch, shall make a preliminary evaluation of the qualification of all candidates for promotion taking into consideration the qualification standards and job requirements of the vacancy. To determine the comparative competence and qualifications of the candidates for promotion, they shall be compared on the basis of the following factors: Performance, Education and Training, Experience and Outstanding Accomplishments, Physical Characteristics and Personality Traits and Potential. 6. The promotional line-up of employees deemed qualified and competent for promotion to a vacancy shall be prepared. The list shall also contain comparative information of the candidates qualifications and other relevant information. All members of the Selection Board shall be furnished copies of the promotional line-up before a meeting. 7. The Selection Board shall determine the most qualified and competent candidates in the promotional line-up, guided by Section 5, Rule 6 of CSC Resolution No. 83-343 (Rule on Promotion). acd 8. The Selection Board shall recommend to the Commissioner, the employee to be promoted based on the Final List of Promotable Employees, while the Regional Selection Board shall recommend to the Regional Director, for positions delegated to him. The recommendation of the Selection Board has a great weight. But in the exercise of his best judgment and discretion, the Commissioner/Regional Director as the appointing authority may choose another employee other than the one recommended by the Selection Board. 9. The Personnel Division shall inform the Services/Regional Offices who among those in the Final List of Promotable Employees have been selected by the Board for promotion. This information shall be posted in a conspicuous place in the Personnel Division/Administrative Branch for the information of all the employees concerned. 10. If no protests from aggrieved employees are filed within 15 days from the posting/notification of the selection for promotion, the corresponding appointment shall be prepared by the Chief, Personnel Division/Chief, Administrative Branch for the signature of the Commissioner/Regional Director for submission to the CSC Field Office for attestation. VI. PROTEST 1. Who may file a protest - Only officers or employees who are qualified next-in-rank to the vacancy on the basis of the approved System of Ranking Positions may file a protest against an appointment or promotion. 2. When and where to file a protest - A next-in-rank employee who feels aggrieved by the promotion of another may file a protest to the Commissioner within 15 days from notice of the issuance of an appointment. 3. When and Where to file an Appeal - An employee who is not satisfied with the decision of the Commissioner may file an appeal within 15 days from receipt of the decision to the Merit System and Protection Board of the Civil Service Commission (Under certain circumstances, this period may be extended by the Merit Systems and Protection Board to another 15 days). If the employee is still not satisfied with decision of Merit Systems and Protection Board, he may appeal to Civil Service Commission itself within 15 days from his receipt of the decision. 4. Procedure - 4.1 The aggrieved party shall file his protest in quadruplicate to the Commissioner or to the Chairman, Committee on Contested Appointments (created under Revenue Memorandum Order No. 39-83). cdt 4.2 The protest shall be typewritten on legal size paper. The protestant shall state clearly, preferably in enumeration form, the grounds for his protest and the reasons why he believes he should be the one appointed to the contested position. 4.3 Within 15 days from the receipt of the protest, the Committee on Contested Appointments shall evaluate the reason presented by the protestant and shall submit their recommendations to the Commissioner who shall finally decide the case within 15 days. 4.4 Copies of the decision shall be furnished to the protestant and protestee within 15 days from the receipt of the Chief, Personnel Division. VII. RESPONSIBILITY The Chief, Personnel Division, shall be responsible for the preparation/amendment of the Bureau's Merit Promotion Plan subject to the review and approval of the Commissioner of Internal Revenue. VIII. AMENDMENTS This Merit Promotion Plan, including the attached System Ranking Positions and Qualification Standards may be changed or amended as the need arises: IX. REPEALING CLAUSE All provisions of existing order, instructions, and circulars inconsistent herewith are hereby superseded or revoked. X. EFFECTIVITY This Merit Promotion Plan and the System of Ranking Positions shall take effect upon its approval thereof by the Civil Service Commission. Any subsequent changes in, or amendments to this Promotion Plan and the System of Ranking Positions shall be subject to the approval by the Civil Service Commission and shall take effect after six months from the date of the approval. October 20, 1992 (SGD.) JOSE U. ONG Commissioner of Internal Revenue