The CSC Memorandum Circular No. 028-09 establishes new guidelines for processing government appointments that violate Republic Act No. 7041, which mandates the regular publication of vacant positions in government entities. The Civil Service Commission (CSC) will ensure compliance by checking the publication certification for appointments, returning those that lack proper publication and declaring them null and void. Appointees affected by such violations will receive compensation for their services until they are notified of the nullification. The appointing authority is held accountable for any salaries if the appointee continues to serve post-notice, and they must adhere to publication requirements within 30 days to reissue the appointment. Non-compliance will lead to reporting and potential legal action against the appointing authority.
August 25, 2009
CSC MEMORANDUM CIRCULAR NO. 028-09
| TO | : | All Heads of Constitutional Bodies; Departments, Bureaus and Agencies of the National Government; Local Government Units; Government Owned or Controlled Corporations; and State Colleges and Universities |
| SUBJECT | : | 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) |
The Commission has reviewed its policies and issuances related to the implementation of Republic Act No. 7041 (Publication Law) which mandates the publication and posting of vacant positions in all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters, and local government units.
After review, the Commission has noted that these policies and issuances were not in harmony with the basic provisions of R.A. 7041. As such, it is necessary to issue new guidelines in the processing of appointments:
1. The Civil Service Commission Regional Office (CSCRO) or the Civil Service Commission Field Office (CSCFO) shall check the Certification portion of the appointment (KSS Porma Blg. 33) on publication of the position to be filled was accomplished and duly signed by the authorized Officer.
2. If the appointment failed to comply with the requisite publication, the CSCRO/CSCFO shall:
2.1 Return the appointment to the appointing authority (or agency head, as the case may be) with a Notice that the appointment is declared null and void for having been issued in violation of the Publication Law.
2.2 Furnish the appointee with a copy of the Notice.
2.3 Furnish the concerned Commission on Audit (COA) Regional Office or Field Office with the same Notice for their appropriate action particularly on the salaries/allowances received by the appointee after receipt of the Notice. TcCSIa
3. The appointee whose appointment was declared null and void shall receive compensation for actual services rendered as a de facto officer from the time he/she assumed the functions of the position up to the time he/she received a copy of the Notice.
4. The Notice should advise about the following conditions/guidelines:
4.1 In case the appointee is allowed to continue his/her service notwithstanding the receipt of Notice, the appointing authority shall be personally accountable for his/her salaries.
4.2 The publication and posting requirements must be complied within a period of thirty (30) calendar days from receipt of Notice.
4.3 Publication of 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 fifteen (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.
4.4 After compliance with the publication/posting requirements, the appointing authority may issue an appointment immediately. He/she will not be precluded from appointing the previous appointee provided the appointment process prescribed under the Civil Service rules and regulations was properly observed.
4.5 Penalties for violating R.A. 7041, as enumerated.
5. In case of failure to comply with the publication requirement despite receipt of Notice, the CSCRO/CSCFO shall report this to the Office for Legal Affairs (OLA) who will recommend to the Commission to initiate proceedings for violation of the Publication Law.
All rules, regulations and issuances which are inconsistent herewith are hereby repealed, amended or modified accordingly.
This Memorandum Circular takes effect fifteen (15) days from the publication of CSC Resolution No. 09-0917 dated June 23, 2009 in a newspaper of general circulation. acEHCD
Quezon City, August 25, 2009.
(SGD.) RICARDO L. SALUDOChairman