Merit Promotion Plan

May 6, 1993 REVENUE MEMORANDUM ORDER NO. 39-93 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. cdt 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 studies and appropriate civil service eligibility in a supervisory or non-supervisory capacity up to Division Chief level. cd 6. Qualification Standards - statement of the minimum qualifications 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 positions in the BIR is in 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; b. salary grade allocation; c. classification and/or functional relationship of positions; and d. geographical location. 8. Qualified Next-in-Rank - refer 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. aisa dc 9. Promotional 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 extraordinary 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 lateral/vertical entry. 12. Geographical Location - shall mean the location of the position to be filled and position/s to be considered next-in-rank to the same. If the position to be filled is in the first level, the determination of the next-in-rank positions may be limited in a particular Region/Office/Department/Bureau where the position is. For second level positions, however, the determination of the next-in-rank positions should be on an agency-wide basis regardless of the location of the position. 13. Functional Relationship - shall mean the correlation between the position to be filled and the position to be considered next-in-rank taking into consideration the duties and responsibilities of both positions. IV. BASIC POLICIES 1. To be considered for promotion, employees in the Bureau of Internal Revenue must meet the following conditions: a. Must occupy positions next-in-rank to the vacancy; b. Must meet the minimum Qualification Standards of the vacant position; c. Must be included in the Final List of Promotable Employees submitted by the Service Chiefs/Regional Directors. 2. When a position in the First Level becomes vacant, employees in the BIR 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 in the BIR 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. Employees in other government agencies who occupy the next-in-rank positions and who possesses the technical and special qualifications not possessed by BIR employees shall also be considered for promotion to the vacancy. 4. Pursuant to CSC MC #15, s. 1992, employees who are incumbents of next-in-rank positions who meet the qualification requirements for the position to be filled and who are on scholarship grants either here or abroad may be considered for promotion. The performance rating of the employee for the last rating period prior to the scholarship grant shall be used as the basis for the promotion. Such performance rating should at least be Very Satisfactory. The specific policies of the Bureau such as academic standing as a factor in the consideration for promotion, date of assumption of duty, effectivity of promotion and others, may be subject of a collective negotiation by duly accredited employee association. The Commissioner may create a Committee with a representative of the rank-in-file employees to decide on the matter. 5. All candidates for promotion shall be screened by a Selection Board which shall have the following composition pursuant to CSC MC 18, s. 1988, as amended by CSC 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/Office where the vacancy is; d. Two (2) representatives of the rank and file employees, one from the First Level and one 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. cd The performance rating should be submitted to the 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 who do not have the Performance Appraisal Report Form shall not be included in the promotional line-up. 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 is an estimate or prediction of an employee's capacity and ability to perform the duties of the position to be filled and those of higher or more responsible positions in the line of promotion. The prediction shall be based on factors 6.a to 6.d above, i.e. past performance, educational qualifications and/or training, past work experience or occupational history and outstanding accomplishments, physical condition, attitude and aptitude and all other factors that may help in predicting the employee's ability to efficiently perform the duties of the position to which he shall be promoted and of other more responsible positions in the line of promotion. 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 exists. 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 the 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 are competent and qualified as evaluated by the BIR Personnel Selection Board. 11. No outside recommendation for promotion in favor of an employee, whether oral or written, shall be considered. The employee with outside recommendation shall undergo and pass the usual screening process/procedures. 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 a 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 be 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. cdt 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. 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 nor 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 Districts, 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 by the Region/Service shall also be posted in a conspicuous place in the Administrative Branch of the Region and the offices of the Assistant Commissioner, respectively. 5. The Chief, Personnel Division/Chief, Administrative Branch, shall make a preliminary evaluation of the qualifications 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). The Selection Board shall determine en banc the list of employees recommended for promotion from which the appointing authority may choose the employee to be promoted. 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 great weight. 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. A 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 protest Only a qualified next-in-rank employee who is not considered for promotion to the next higher position may file a protest with the Commissioner of the Bureau. 2. Form and Content of Protest The Protest shall be written in clear, simple and concise language, in a systematic manner, and shall have a caption as shown in the attached sample. The aggrieved party shall be called the "Protestant" and the proposed appointee, the "Protestee"; Provided : That where the Commissioner after evaluation finally decides in favor of the protestant, the protestee who decides to file his protest shall be called the "Protestee-Appellant" and the former protestant, the "Protestant-Appellee". The protest shall contain the following: a. The position contested including its item number and the salary per annum of both the protestant and the protestee; b. The full name, office, position and salary per annum of both the protestant and the protestee; c. The specifications of the protest; d. The comparative qualifications data of both the protestant and protestee showing their education and training, experience, outstanding accomplishments, civil service eligibility, latest performance rating accompanied by a certified true copy of the approved organizational chart/s of the Department/Agency where either or both belong as well as the updated personal data sheets of the protestee and protestant. cd i 3. When to file Protest The protest may be filed within fifteen (15) days from notice by the protestant of the issuance of the appointment or promotion. Failure to file a protest within the prescribed period shall be deemed a waiver of one's right and no protest shall thereafter be entertained. 4. Procedure in filing protest a. The aggrieved party shall file his protest in triplicate directly to the Commissioner and to the Selection Board within the prescribed period. b. The Selection Board shall within three (3) days from receipt of the protest, refer the same for comment to the recommending authority, which comment shall be filed with the former within five (5) days. In case of failure on the part of the recommending authority to file his comment within the said period, the case shall be decided on the basis of the records at hand. c. The Selection Board shall decide a protest case within sixty (60) days from receipt of the protest. d. Either party may, within fifteen (15) days without extension from receipt of the decision, file with the Head of the Department/Agency a motion for reconsideration of the decision, which shall be decided upon within five (5) days from receipt thereof. Only one motion for reconsideration shall be entertained. 5. If the aggrieved party is not satisfied with the decision, he may elevate his protest to the Merit Systems Protection Board (MSPB), Civil Service Commission within fifteen (15) days without extension from receipt thereof. 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. He shall also be responsible for the dissemination of the MPP to all concerned employees of BIR. He shall also see to it that the proposals for promotion are in accordance with the provisions of the MPP. aisa dc VIII. EFFECTIVITY This Merit Promotion Plan shall take effect upon its approval thereof by the Civil Service Commission. Any subsequent changes in, or amendments to this MPP shall be subject to the approval of the Civil Service Commission and shall take effect six (6) months after its approval. cd IX. REPEALING CLAUSE All provisions of existing orders, instructions, and circulars inconsistent herewith are hereby superseded or revoked. VICTOR A. DEOFERIO, JR. Deputy Commissioner (Officer-In-Charge) 30 July 1993 MR. VICTOR A. DEOFERIO, JR. Deputy Commissioner (Officer-In-Charge) Bureau of Internal Revenue BIR Road, Quezon City Dear Dep. Commissioner Deoferio: We are returning the Merit Promotion Plan of that Bureau duly approved. Please reproduce and disseminate the same to all concerned employees, copy furnish Civil Service Field Office, for their information. We hope for the effective implementation of the said System. Very truly yours, PATRICIA A. STO. TOMAS Chairman