CSC Resolution No. 090917 New Guidelines in the Processing of Appointments Issued in Violation of Republic Act No. 7041 (An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices)

June 23, 2009

CSC RESOLUTION NO. 090917

NEW GUIDELINES IN THE PROCESSING OF APPOINTMENTS ISSUED IN VIOLATION OF REPUBLIC ACT NO. 7041 (AN ACT REQUIRING REGULAR PUBLICATION OF EXISTING VACANT POSITIONS IN GOVERNMENT OFFICES)

WHEREAS, Section 2 of Republic Act No. 7041 (Publication Law) 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;

WHEREAS, Section 6 of Republic Act No. 7041 directs the Civil Service Commission to issue rules and regulations necessary for the effective implementation of the Publication Law;

WHEREAS, the Commission has promulgated several policies and issuances related to the implementation of R.A. 7041;

WHEREAS, R.A. 7041 states that the Commission shall not act on appointments issued for positions which were not published;

WHEREFORE, to faithfully implement R.A. 7041, 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. SaITHC

This Resolution shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Quezon City, June 23, 2009.

(SGD.) RICARDO L. SALUDOChairman

(SGD.) CESAR D. BUENAFLORCommissioner

(SGD.) MARY ANN Z. FERNANDEZ-MENDOZACommissioner

Attested by:

(SGD.) DOLORES B. BONIFACIODirector IV Commission Secretariat and Liaison Office