Guidelines in the Submission of Applications for Appointment in the Lower Courts

May 21, 2010

OCA CIRCULAR NO. 74-10

 

Item 2 (b), Part V of the Amended Revised Administrative Circular No. 50-2001 Establishing the Merit Selection and Promotion Plan for the Lower Courts (MSPP-LC) provides that:

"2. Publications of Vacant Positions

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b. Notify the Clerk of Court to post notices of vacancies.

Within five days from the notification, the Clerk of Court shall post notices of vacancies to be filled in three conspicuous places in the court's premises for ten (10) working days. The notice shall specify the qualification standards and requirements for the position.

Within two months from the expiration of the ten-day period of posting, the following guidelines shall be observed:

a. The Presiding Judge or Acting Presiding Judge shall submit all applications, with or without recommendation, to the Executive Judge.

b. The Executive Judge shall indorse all applications, with or without recommendation, to OAS-OCA within five days from receipt thereof.

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For the guidance of all concerned and to fix the period in the submission of applications, the following procedures shall be observed:

1. Before posting the Notice of Vacancy, the Executive Judge (for vacancies in the Office of the Clerk of Court) or the Presiding Judge (for vacancies in the branch or station), shall wait for the notification from the Office of Administrative Services, Office of the Court Administrator (OAS-OCA) except in the following instances:

1. vacancies in the newly created courts;

2. renewal of temporary appointments;

3. reappointment or reemployment (change of status of employment from temporary to permanent).

The OAS-OCA shall notify the Executive Judge/Presiding Judge to direct the Clerk of Court of the Office of the Clerk of Court/Clerk of Court of the branch or station, to post notices of vacancies within five (5) days from receipt of the approval by the Chief Justice of the authority to fill vacancies in the lower courts. Within five (5) days from receipt of the notice, the Executive Judge/Presiding Judge shall immediately inform the OAS-OCA of the date of the start of posting.

2. The notice of vacancy shall be posted in three (3) conspicuous places in the court's premises and in other public places for at least ten (10) consecutive working days. It shall include the qualification standards for the position and the checklist of requirements prepared by the OAS-OCA, necessary for the evaluation of the application. Within two (2) months from the expiration of the ten (10) day period for posting, the applicant/s shall submit the requirements to the judge where the vacancy exists.

3. All applications, together with the complete or incomplete requirements received by the Executive Judge/Presiding Judge, shall be indorsed to the OAS-OCA within the two-month period following the expiration of the ten-day period for posting. The indorsement shall be accompanied by a certification, under oath, by the Executive Judge/Presiding Judge that the list submitted contains the name/s of all applicant/s who applied for the position. cAEaSC

The date of mailing shall be the determining factor to consider whether the indorsement was sent within the two-month period. For application/s personally filed before the OAS-OCA, the date of receipt by the OAS-OCA is the controlling factor.

4. All application/s directly filed with the OAS-OCA personally or sent through mail within the two-month period, shall be referred to the Executive Judge or Presiding Judge for comment and/or appropriate action within five (5) days from receipt of the application/s. The Executive Judge/Presiding Judge shall provide the applicant/s with a checklist of requirements to be submitted to the OAS-OCA within the same period of two (2) months following the expiration of the ten-day period for posting. Thereafter, the OAS-OCA shall evaluate all the applications and shall submit the list to the Selection and Promotion Board-Lower Courts (SPB-LC) within fifteen (15) days. Those with incomplete form or lacking requirement/s shall still be included in the list to be submitted to the SPB-LC with a notation as to the lacking form or requirement/s. If after assessment of competence and qualification of candidates, the applicant found by the SPB-LC to be the most qualified for the position applied for has incomplete form and/or lacking requirement/s, the SPB-LC may require the said applicant to accomplish the incomplete form and/or to submit the lacking requirement/s.

5. All application/s received from the OAS-OCA or personally filed with the Executive Judge/Presiding Judge after the aforesaid two-month period may still be endorsed by the Executive Judge/Presiding Judge to the OAS-OCA for submission to the SPB-LC. The name/s of the aforesaid applicant/s shall be included in the list of candidate/s as long as the resolution containing the list of candidate/s has not yet been submitted to the Court by the SPB-LC. A notation that the aforesaid application/s was/were submitted after the two-month period shall be indicated.

6. For this purpose, the Certification to be issued by the Clerk of Court that the vacant position to be filled has been posted in three (3) conspicuous places in the court's premises and other public places, such as:

a) the Office of the Clerk of Court;

b) branch of a court, for vacancies in the branch;

c) general bulletin board; and

d) such other conspicuous places.

for a period of at least ten (10) working days in accordance with Rep. Act No. 7041 shall be made under oath and shall indicate the date when the notice was posted and the public places where it was posted.

7. Henceforth, all courts shall follow the prescribed format of Notice of Vacancy and Certification of posting of vacancies. Copies of the aforesaid format are hereto attached for ready reference. IDSETA

This Circular shall take effect on July 1, 2010.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator

ATTACHMENT

CERTIFICATION OF POSTING OF VACANCY

This is to certify that the notice of vacancy for the position of ______________ in the ____________ (court) has been posted for at least ten (10) consecutive working days from _________ to ________ in the following public places:

1. _________________

2. _________________

3. _________________

pursuant to R.A. 7041 (Publication of Vacant Positions in the Government).

 ______________ Date

___________________(Clerk of Court in the branch for vacancies in the branch)

SUBSCRIBED AND SWORN TO before me this ____ day of ________ 20___, affiant exhibiting to me his/her Supreme Court Identification Card No. __________.

_______________

Republic of the PhilippinesCourt____th Judicial Region

____________

NOTICE OF VACANCY

Notice is hereby given that the position of ______________, Item No. _________, SG ____________ in the _____________ (court) is vacant.

Applicant/s must possess the following qualifications: AScTaD

Education:

Eligibility:

Experience:

Training:

Please submit your application/s, together with the complete requirements (see attached checklist of requirements) on or before (please specify exact date of the expiration of submission which is the end of the two month period following the lapse of the ten-day period for posting) to the Honorable ____________, Executive Judge/Presiding Judge.

 _____________ Date

___________________Clerk of Court(COC in the OCC for vacancies in the OCC)