New Guidelines in the Processing of Appointments Issued in Violation of Republic Act 7041 (An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices) ( CSC Office Memorandum No. 55-09 )

August 25, 2009

CSC OFFICE MEMORANDUM NO. 55-09

 

The Commission, through CSC Memorandum Circular No. 28 dated August 25, 2009 has promulgated new guidelines in the processing of appointments that are issued for positions which were not published and posted in accordance with R.A. 7041.

These guidelines should be strictly applied only to appointments issued in violation of R.A. 7041.

Attached is a copy of the said CSC Resolution, Memorandum Circular, as well as the template of the notice to the appointing authority or head of agency.

(SGD.) RICARDO L. SALUDOChairman

ATTACHMENT

Click here to view the full text of CSC Memorandum Circular No. 028-09 dated August 25, 2009

Click here to view the full text of CSC Resolution No. 090917 dated June 23, 2009

Civil Service Commission Regional Office/

___________________________________________________________________________________________

Dear ____________:

This refers to the appointment of ______________________ (name of the appointee) as _____________________ (state the position) under ________________ (status of appointment) issued on _______________ (date of appointment) and received by this Office on _______________ (date of receipt of appointment). TcEDHa

Upon evaluation of the appointment, we noticed that said appointment was issued without compliance with the publication requirement under Republic Act No. 7041 (Publication Law). As such, said appointment is declared null and void and the service of the appointee ceases upon receipt of this Notice. Should Mr/Ms _______________ (name of the appointee) be allowed to continue his/her service despite the notice, his/her salary shall be the personal liability of the appointing authority.

You are advised that the publication and posting requirements should be complied with within thirty (30) calendar days from receipt of this Notice. Please be reminded that RA 7041 or the Publication Law is subject to penalties, as follows:

"Sec. 4. Penalties. — (a) Any violation of Sections 2 and/or 3 of this Act and its implementing rules and regulations shall subject the official concerned to public censure without prejudice to the withholding of his salary pending compliance with the requirements as provided in this Act. (b) Any repeated and willful violation of Sections 2 and/or 3 of this Act and it's implementing rules and regulations shall subject the official concerned to criminal prosecution and, upon conviction, suffer the penalty of imprisonment of two (2) years and/or a fine of not less than Five Thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00), at the discretion of the court."

The publication of the vacancy may be through the Bulletin of Vacancies in the Civil Service or other modes (e.g., newspaper, website, etc.). The vacancy shall also be posted in three (3) conspicuous places for at least (whichever is applicable — 15 calendar days for local government agencies or ten 10 calendar days for other government agencies, including government-owned or controlled corporations with original charters).

After compliance with the publication/posting requirements, you may issue an appointment immediately. You are not precluded from appointing the previous appointee provided the appointment process prescribed under the Civil Service rules and regulations are properly observed.

Failure to comply with the publication requirement despite receipt of this Notice, will constrain us to initiate proceedings for violation of the Publication Law.

For your compliance and appropriate action. ECTIcS

Very truly yours,

____________________

cc:	1.	Director ___________________
		Commission on Audit
		Regional/Field Office No.
	2.	Director ___________________
		Department of Budget & Management
		Regional Office No.