Merit Selection Plan in the Office of the President (OP) Proper

July 18, 2019

MEMORANDUM ORDER NO. 37

THE MERIT SELECTION PLAN IN THE OFFICE OF THE PRESIDENT (OP) PROPER

Memorandum Order (M.O.) No. 118, dated April 15, 1993, "Implementing the Merit Promotion Plan (MPP) in the Office of the President (OP) Proper," is hereby amended to read as follows:

I. OBJECTIVES

This Revised MPP which shall now be renamed as the Merit Selection Plan (MSP) for the OP Proper shall ensure that merit, fitness, and equality shall be observed, and qualifications and competence to perform the duties and responsibilities of a position are adhered to, in the selection/promotion of employees of OP Proper. The Plan aims to:

1. Establish a selection and promotion system that is strictly based on merit, fitness, equality, and competence, in the screening of applicants for positions in the career service;

2. Create equal opportunities for advancement to all qualified and competent employees from within who meet the prescribed requirements of the position;

3. Allow selection through lateral entry only if there is no employee from within OP who applied and has met the prescribed requirements of the position;

4. Provide a guide for the speedy action on complaints/protests of employees against promotions in accordance with the 2017 Rules on Administrative Cases in the Civil Service.

II. SCOPE

This MSP shall cover all career positions in OP Proper categorized under the first and second level positions of the career service as defined in Book V, Title I, Subtitle A, Chapter 2, Section 8 of the Administrative Code of 1987.

III. DEFINITION OF TERMS

1. Career Service — is a category of service characterized by entrance to positions based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications, opportunity for advancement to higher career positions and security of tenure.

2. First level positions — shall include clerical, trade, crafts and custodial service positions which involve sub-professional work in a non-supervisory or supervisory capacity requiring less than four years of college studies.

3. Merit Promotions — is a systematic method of selecting employees for advancement or promotion on the basis of merit and fitness to perform the duties and assume the responsibilities of the position to be filled.

4. Next-in-Rank Position — refers to a position which, by reason of hierarchical arrangements of positions in the department or agency or in government, is determined to be 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 1 of positions; and

d. Geographical location — which shall mean the location of the position to be filled and the position considered next-in-rank. 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 office/department where the position is located.

For second level positions, however, the determination of next-in-rank positions should be on an agency-wide basis regardless of the location of the position.

5. Human Resource Action — is any action denoting the movement or progress of human resource in the civil service such as promotion, transfer, reappointment, reinstatement, reemployment, reclassification, detail, reassignment, secondment, demotion and separation.

6. Promotion — is 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.

7. Psycho-Social Attributes — refer to the characteristics or traits of a person which involve both psychological and social aspects. The psychological aspect includes the way he/she perceives things, ideas, beliefs and understanding, and how he/she acts and relates these things to others and in social situations.

8. Qualification Standards — is a statement of the minimum qualifications for a position which shall include education, experience, training, and civil service eligibility. In some cases, this may include the requisite physical characteristics and personality traits.

9. Qualified next-in-rank — refers to an employee appointed on a permanent status 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.

10. Second level positions — shall include professional, technical and scientific positions which involve professional, technical, or scientific work in a non-supervisory capacity or supervisory capacity requiring at least four (4) years of college studies up to Division Chief level.

Attorney VI, Engineer V, Internal Auditor V, Information Technology Officer III and Presidential Staff Officer VI shall be the highest positions among the 2nd level career positions in OP.

11. Selection — is the systematic method of determining the merit and fitness of a person on the basis of qualifications and ability to perform the duties and responsibilities of the position.

12. Superior qualifications — signify 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 major areas of responsibility.

13. System of Ranking Positions — is the hierarchical arrangement of positions from highest to lowest, which shall be a guide in determining which position is next-in-rank, taking into consideration the following:

a. Organizational Structure;

b. Salary grade allocation;

c. Classification and functional relationship of positions; and

d. Geographical location.

IV. POLICY GUIDELINES

1. This MSP shall cover career positions in the first and second levels₁ and shall also apply to other forms of appointments and other related human resource actions involving said positions.

2. Selection of employees for appointment in the OP Proper shall be open to all qualified officers and employees according to the principle of merit and fitness.

3. There shall be equal employment opportunity for men and women at all levels of position in the OP Proper, provided that they meet the minimum requirements of the position to be filled.

4. Vacant positions that are requested/intended to be filled by a concerned Head of Office in the OP Proper shall be published, together with their corresponding qualification standards and plantilla item numbers, in accordance with Republic Act (RA) No. 7041 (Publication Law). The published vacant positions shall be posted in the OP and CSC Websites, as well as on at least three (3) conspicuous places in the Mabini Hall for at least ten (10) calendar days.

A resulting vacancy from a promotion shall not be published and filled until the promotional appointment has been approved/validated by the CSC, except in meritorious cases as may be authorized by the Commission.

Deliberation for the filling of vacant positions shall commence not earlier than 10 calendar days from the date of posting and publication of vacant positions.

The publication of vacant positions shall be valid until filled, but not to extend beyond 9 months reckoned from the date said positions were published. Should no appointment be issued within the 9-month period, OP Proper will republish and repost the vacant positions.

5. Non-career positions are exempt from the publication requirement.

6. A Human Resource Merit Promotion and Selection Board (HRMPSB) shall be established in the OP Proper.

7. The appointing authority shall, as far as practicable, ensure equal opportunity for men and women to be represented in the HRMPSB for all levels.

8. The HRMPSB shall maintain fairness and impartiality in the assessment of candidates for appointment.

9. All candidates shall be screened by the HRMPSB except for the following:

a. Renewal of temporary appointments issued to incumbent employees, provided the last two (2) performance ratings are at least very satisfactory, and that there is no applicant who met the qualification requirements of the position as certified by the appointing officer/authority; and

b. Appointments to non-career positions.

10. Qualified next-in-rank employees shall not be automatically considered as candidates for promotion to the next higher position. Only those who apply for a vacant position, with complete documentary requirements submitted, shall be considered. Failure to submit an application on the deadline as reflected in the publication shall be deemed as waiver of rights to be considered for promotion.

11. The comparative competence and qualification of candidates for appointment shall be determined on the basis of performance, education, training, experience, outstanding accomplishments, psycho-social attributes, personality traits, and potential.

12. An applicant who is not next-in-rank may be appointed to a vacant position. However, she/he must possess superior qualifications and competence, as determined through a rigorous selection process.

13. In the absence of a next-in-rank qualified candidate from within the office/unit where the vacancy exists, selection may be made either vertically or laterally. Vertical selection is selection from those below the employees occupying next-in-rank positions within the office/unit where the vacancy exists. Lateral selection is selection from qualified employees in other primary offices/units in OP Proper.

The OP Proper shall adhere to the principles of equal employment opportunity and shall not discriminate based on civil status, gender identity, sexual orientation, disabilities, religion, or ethnicity among applicants.

14. An employee may be promoted to a position which is not more than three (3) salary grades higher than the employee's present position. All appointments issued in violation of this policy will be disapproved/invalidated by the CSC, except when the promotional appointment falls within the purview of any of the following exceptions:

a. The position occupied by the person is next-in-rank to the vacant position as identified in the System of Ranking Positions (SRP) of the agency.

b. The vacant position is a lone or entrance position, as indicated in the agency staffing pattern.

c. The vacant position is hard to fill, such as Accountant, Attorney, or Information Technology Officer/Computer Programmer positions.

d. The candidates passed through a rigorous selection process, taking into consideration the candidates' superior qualifications with regard to:

• Education achievements;

• Highly specialized training;

• Relevant work experience;

• Consistent high performance rating/ranking.

f. Other meritorious cases, such as:

• When the appointee is the lone applicant who meets all the requirements of the position and passed through the rigorous selection process;

• When the qualified next-in-rank employees waived their right over the vacant position in writing;

• When the next-in-rank position, as identified in the agency SRP, is vacant;

• When the next-in-rank employee/s is/are not qualified; or

• When the qualified next-in-rank employee/s did not apply.

15. An employee should have assumed and performed the actual duties of his/her current position, with a very satisfactory performance (VS) rating as averaged from the last two (2) rating periods before being considered for promotion (i.e.,prior to assessment).

16. An employee who is on local or foreign scholarship, training grant, or on maternity leave, may be considered for promotion. For this purpose, the performance rating to be considered shall be the performance rating in the last rating period prior to the scholarship, or training grant, or maternity leave.

If promoted, the effectivity date of the promotional appointment shall be on the date of assumption to duty.

17. The pendency of an administrative case against any employee shall not be a bar to promotion.

An employee who has been found guilty of an administrative offense and imposed the penalty of demotion, suspension or fine shall be disqualified for promotion for the same period of suspension or fine. In the case of demotion, the period of disqualification for promotion shall be within one (1) year.

18. Promotion within six (6) months prior to compulsory retirement shall not be allowed except as otherwise provided by law.

19. Completion of the degrees of Bachelor of Laws from a CHED-recognized institution shall be considered appropriate education for division chief positions or positions requiring master's degree, the duties of which do not involve the practice of profession covered by bar/board laws. Division chief positions where the duties involve the practice of profession regulated by bar/board laws shall require only the corresponding Professional Board License or Certificate of Admission to the Bar (RA No. 1080).

A third (3rd) level eligibility is also sufficient for permanent appointment, where the education requirement is a master's degree, provided the experience and training requirements are also met.

20. The appointing authority shall, in accordance with this MSP, be assisted by the HRMPSB, in the judicious and objective selection of candidates for appointment in the OP Proper.

21. A notice announcing the appointment of an employee shall be posted in three (3) conspicuous places in the OP Proper a day after the issuance of the appointment. Said notice shall remain in place for at least fifteen (15) calendar days.

22. This MSP shall be used as one of the bases for the expeditious approval and validation of appointments, for attestation and accreditation to take final action on appointments.

V. COMPOSITION OF THE HUMAN RESOURCE MERIT PROMOTION AND SELECTION BOARD (HRMPSB)

 

Chair	-	The Deputy Executive Secretary (DES) for Finance and Administration
Vice-Chair	-	The DES for Legal Affairs
Members	-	The DES for General Administration
-	The Head, Human Resource Management Office
-	The Head, Legal Office
-	One (1) Representative each from:
	a. 1st Level Positions
	b. 2nd Level Positions
-	Head of Office where the vacancy exists

 

The representatives for the first (1st) and second (2nd) level positions shall both be chosen by the duly accredited employees' association in the OP Proper. The 1st level representative shall participate during the screening of candidates for vacancies in the 1st level, while the 2nd level representative shall participate in the screening of candidates for the second 2nd level. The accredited employee association may likewise designate alternates for both levels, for purposes of continuity of operation.

The Human Resource Management Office (HRMO) shall perform secretariat and technical support function to the HRMPSB and shall undertake the following:

a. Collect and prepare all pertinent documents, prepare comparative assessment and final evaluation of candidates, and submit them to HRMPSB;

b. Evaluate and analyze results of structured background investigation for second level positions;

c. Schedule meetings as directed by the HRMPSB; and

d. Post the appointments signed by the appointing authority on the bulletin boards of Mabini Hall for at least fifteen (15) calendar days.

The Head of the HRMO, as member of the HRMPSB, shall not act as secretariat to the HRMPSB.

VI. PROCEDURES

1. The head of office where the vacancies exists shall submit a letter addressed to the Chair of the HRMPSB requesting that said vacant positions be filled/opened for deliberation, specifying the next-in-rank employees in his/her office, if any.

2. The HRMO shall, upon advice/instructions of the HRMPSB Chair, publish the vacant position/s that is/are requested for filling in the OP Proper and CSC websites, and post the same at the bulletin boards with the Mabini Hall.

The publication of vacant positions shall be valid until filled but not to extend beyond nine (9) months reckoned from the date the vacant position was published. Vacant positions that are not filled within 9 months shall be subject to republication/reposting upon request of the head of office.

3. The HRMO shall make an initial assessment (i.e.,through paper screening) of the submitted applications for vacant positions and refer qualified applicants to the concerned heads of offices for further evaluation, through written and/or skills testing and interview. The heads of offices will then submit to HRMO their comments and/or recommendation(s) for said referrals.

4. The HRMO, on the basis of the approved system of ranking positions, and guided by the approved qualification standards of the vacant position/s, shall make a preliminary evaluation and identify the next-in-rank employees deemed qualified and competent for appointment/promotion to the vacant position/s.

5. The HRMO shall then write those who were found qualified but have not yet submitted their applications within the period prescribed in the publication, advising them, within a specified period, to apply and signify their interest to be included in the deliberation of the vacant position/s. Individuals who fail to submit their letters of intent within the specified period shall not be included in the deliberation.

6. Upon receipt of the letters of intent, the HRMO, as HRMPSB Secretariat, shall prepare the corresponding Comparative Assessment Forms, listing all qualified employees who applied for the position/s.

7. The Secretariat shall see to it that proposals for promotion/appointment shall be calendared for deliberation on a first-come, first-served basis. The members of the Board shall each be provided with a copy of the Assessment Form at least two (2) working days prior to the deliberation. Further assessment may likewise be conducted as deemed necessary by the HRMPSB.

8. The HRMPSB shall be primarily responsible for the judicious and objective selection of candidates for appointment in the OP Proper in accordance with this MSP and shall submit to the appointing authority the top five (5) ranking candidates deemed most qualified for appointment to the vacant position.

9. The appointing authority shall be guided by the report of the HRMPSB's assessment of candidates and in the exercise of sound discretion select, insofar as practicable, from among the top 5 candidates deemed most qualified for appointment to the vacant position, or from all the qualified candidates if less than 5 in number.

Thus, in the exercise of such discretion, an applicant who is ranked higher than those next-in-rank to the vacant position, based on the assessment of qualifications evidenced by the comparative ranking, may be appointed.

10. The corresponding appointment paper shall then be prepared for signature of the appointing authority in accordance with the provisions of this MSP.

11. The HRMPSB Secretariat shall post a notice announcing the approved appointments on the day after the issuance of appointment for at least 15 calendar days. The date of posting should be indicated in the notice.

VII. CRITERIA

The following Table of Criteria shall be observed:

 

CRITERIA	WEIGHT/POINTS
1. PERFORMANCE	— 40 points (highest)

 

Adjectival Rating	Numerical Rating	Weight/Points
Outstanding	5.00	40 points
Very satisfactory	4.90-4.99	39 points
	4.80-4.89	38 points
	4.70-4.79	37 points
	4.60-4.69	36 points
	4.50-4.59	35 points
	4.40-4.49	34 points
	4.30-4.39	33 points
	4.20-4.29	32 points
	4.10-4.99	31 points
	4.00-4.09	30 points

 

In cases where an applicant has no performance rating, a fractional computation may be made — i.e.,actual points garnered over the total highest point score for all the applicable categories except for performance (or 60),multified by 100.

2. EDUCATION — 15 points

(Educational background relevant to the duties of the position to be filled)

For Second Level Positions Only:

PLUS BONUS POINTS to be gained if:

- Doctoral studies graduate — 8 points

- With at least 27 doctoral units — 6 points

- With 18-24 doctoral units — 5 points

- With 9-15 doctoral units — 4 points

- With 3-6 doctoral units — 3 points

- Master's studies graduate — 5 points

- With at least 27 master's units — 4 points

- With 18-24 master's unit — 3 points

- With 9-15 master's units — 2 points

- With 3-6 masters units — 1 points

- Bachelor of Laws/Juris Doctor graduate with RA 1080 (Bar Passer) — 5 points

- Bachelor of Laws/Juris Doctor graduate only — 3 points

- With at least 120 units — 2 points

- With 50-100 units — 1 points

For First Level Positions Only:

- At least third (3rd) year college — 15 points

- Vocational course graduate (2 years) — 14 points

- Vocational course graduate (1 year) — 13 points

- High School graduate — 11 points

- High School undergraduate — 9 points

- Elementary School graduate — 7 points

- Elementary School undergraduate — 5 points

PLUS BONUS POINTS to be gained if:

- Bachelor's degree graduate — 5 points

3. TRAINING COURSES/SCHOLARSHIPS/TRAINING GRANTS — 10 points (highest)

(must be relevant to the duties of the position to be filled)

- For Division Chief positions — supervisory/management learning development intervention undertaken within the last five (5) years

Local Training/Seminars/Workshops:

- More than 100 days — 10 points

 86-100 days — 9 points

 71-85 days — 8 points

 56-70 days — 7 points

 41-55 days — 6 points

 26-40 days — 5 points

 11-25 days — 4 points

 10 days and below — 3 points

Local Symposiums/Conferences/Conventions/etc.:

21 hours and above — 2 points

16-20 hours — 1.5 points

11-15 hours — 1.0 points

10 hours and below — .5 points

PLUS BONUS POINTS if with Foreign Training/Scholarship:

6 months or more — 10 points

Less than 6 months — 5 points

(Training shall be treated individually, provided that the highest number of points a candidate can be credited is 10)

4. WORK EXPERIENCE AND OUTSTANDING ACCOMPLISHMENT — 20 points

(Occupational History and work experience relevant to the position to be filled/functions of the office/nature of duties and responsibilities/accomplishments worthy of special commendations)

Relevant experience, as a requirement in the QS Manual refers to experience within the same level of positions which will enable the candidate to successfully perform the duties and responsibilities of the position to be filled.

PLUS FIVE (5) POINTS if with accomplishment worthy of special commendation

Outstanding Accomplishment defined: Suggestions and innovations which benefited the office in terms of cost-reduction, increased efficiency and employee's morale, worthy of special commendations awarded by the Executive Secretary, or any other Department Secretary, or citation as prescribed by the Civil Service Commission/Career Executive Service Board.

5. POTENTIAL — 10 points (highest)

(Employee's capability to perform the duties and assume the responsibilities of the position to be filled)

6. PSYCHO-SOCIAL ATTRIBUTES AND PERSONALITY TRAITS — 5 points (highest)

(Characteristics of a person that involve both psychological and social aspects. Psychological aspects should cover the way the employee perceives things, his/her ideas, beliefs and understanding, and how he/she acts and relates these things to others and in social situations)

VIII. PROTEST

1. Who may file a Protest?

Only personnel who are qualified next-in-rank, and feel aggrieved by the decision of the Executive Secretary, may file a protest against an appointment or promotion.

2. What are the grounds for protest?

a. Non-compliance with the procedure on selection process;

b. Discrimination on account of civil status, gender identity, sexual orientation, disabilities, religion, or ethnicity;

c. Disqualification of applicant to a career position for reason of lack of confidence of the appointing authority;

d. Other violations of the provisions of this MSP; and

e. Such other grounds as may be deemed just and equitable.

3. Form and Contents of the Protest

The protest shall be submitted using the official language and shall contain the following:

a. The full name, office/unit, position and salary per annum/month of both the Protestant and the protester;

b. The position contested, including its item number and the salary per annum or month attached thereto;

c. The grounds for the protest and the reasons why the protestant believes he/she should be the one appointed to the contested position.

4. When and Where to File a Protest?

The protest may be filed with the Office of the Executive Secretary within fifteen (15) days from the date of posting of notice of the issuance of the appointment or promotion by the Executive Secretary; otherwise, he/she shall be deemed to have waived his/her right to protest.

5. Effect of Protest on the Appointment

If the Executive Secretary refers the protest to HRMPSB, it shall pass upon the protest in accordance with the provisions of this MSP and submit its recommendations to the Executive Secretary within twenty (20) days from receipt of the referral of the Executive Secretary. The rating system herein adopted shall be used in determining the comparable degree of competence and qualifications of the protestant and protester. The grounds of the protest and the reason(s) stated by the protestant why he/she should be the one appointed to the vacant position under consideration, shall be carefully evaluated taking into account the relevance to the duties and responsibilities of the said position.

6. Decision

The appointing authority shall render his decision within thirty (30) days from the date of receipt of the protest. The decision shall contain, among other things, a finding of facts, and the provisions of law and rules and regulations applied.

7. Appeal

The employee who is not satisfied with the decision of the appointing authority may further appeal within fifteen (15) days from notice or receipt of decision to the Civil Service Commission (CSC).The decision of the CSC is final and executory if no petition for reconsideration is filed within fifteen (15) days from receipt of the said decision. In all instances, only one petition for reconsideration shall be entertained. Failure to file a protest, appeal, petition for reconsideration within the prescribed period shall be deemed a waiver of such right and shall render the subject decision final and executory.

8. Observance of Other Pertinent Rules

Rules on appointment or promotion in the Omnibus Rules on Appointments and Other Human Resource Actions not herein mentioned are hereby adopted as part of this MSP.

IX. RESPONSIBILITY

The Head of the Human Resource Management Office shall be responsible for the publication and dissemination of copies of this MSP.

X. EFFECTIVITY

This MSP shall take effect immediately.

Manila, July 18, 2019.

 

Footnotes

1.Functional Relationship — refers to 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.

Published in the Official Gazette, Vol. 115, No. 34, Page 9244 on August 26, 2019.