Administrative Jurisdiction Over Promotional Contests Involving Positions in 1st and 2nd Levels of Career Service

June 4, 1985

MEMORANDUM CIRCULAR NO. 1184

CLARIFYING ADMINISTRATIVE JURISDICTION OVER PROMOTIONAL CONTESTS INVOLVING POSITIONS IN THE FIRST AND SECOND LEVELS OF THE CAREER SERVICE

 

WHEREAS, Section 19(6) of the Civil Service Decree of 1975 (PD No. 807) grants a qualified next-in-rank employee the right to appeal to the Head of Ministry, and finally to the Office of the President, an appointment made: (1) in favor of another next-in-rank employee who is not qualified, or (2) in favor of one who is not next-in-rank, or (3) in favor of one who is appointed by transfer and not next-in-rank, or by reinstatement, or by original appointment, if the employee making the appeal is not satisfied with the written special reason or reasons given by the appointing authority for such appointment;

WHEREAS, the said Decree also provides the final appeal shall be to the Ministry Head concerned, if the appointment contested had been issued to a qualified next-in-rank employee: otherwise, final appeal shall be to the Office of the President which shall consult the Civil Service Commission before deciding the case; HACaSc

WHEREAS, Presidential Decree No. 1409 created the Merit Systems Board in 1978 and upon it was conferred the jurisdiction, among others, to "hear and decide cases brought before it by officers and employees who feel aggrieved by the determination of appointing authorities involving appointment, promotion, transfer, detail, reassignment and other personnel acts, . . ." [Sec. 5(2), PD No. 1409]; and the said Decree also provided that the Civil Service Commission shall hear and decide appeals from decisions of the Board; provided that the decisions of the Commission shall be subject to review only by the Courts (Sec. 8, PD No. 1409);

WHEREAS, in view of the seeming conflict between the provisions of PD 807 and PD No. 1409, employees have been in a quandary as to where they should file their appeal in promotional contests;

WHEREAS, PD No. 1409 has not expressly repealed Section 16(9) of PD No. 807, and the said provisions can be reconciled or harmonized, such that with respect to promotional contests, the special provisions of Section 16(9) of PD No. 807 should govern;

WHEREAS, this is as it should be considering that the Civil Service Commission's power is basically to approve or disapprove an appointment on the basis of the appointee's meeting the civil service eligibility and qualification requirements [Sec. 9(h), PD No. 807]; and the power of determining who, as between two qualified employees, should get the promotion is an Executive prerogative which is exercised by the Ministry Head [Sec. 79(d), Rev. Adm. Code], and ultimately by the President under his constitutional power of control over all Ministries (Sec. 8, Art. VII, Constitution);

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested upon me by the Constitution and by law, do hereby clarify and declare that insofar as promotional contests are concerned, appeals therefrom shall be in accordance with the provisions of Section 19(6) of Presidential Decree No. 807, such that final appeals shall be to the Ministry Head concerned if the appointment contested had been issued to a qualified next-in-rank employee; otherwise, final appeal shall be to the Office of the President which shall consult the Civil Service Commission before deciding the case. CaSAcH

This memorandum shall take effect immediately.

DONE in the City of Manila, Philippines, this 4th day of June, in the year of Our Lord, Nineteen Hundred and Eighty-Five.