Providing Guidelines for the Reinstatement of Government Officials and Employees Separated from the Service by Virtue of the September 1975 Order of Dismissal

November 2, 1977

ADMINISTRATIVE ORDER NO. 422

PROVIDING GUIDELINES FOR THE REINSTATEMENT OF GOVERNMENT OFFICIALS AND EMPLOYEES SEPARATED FROM THE SERVICE BY VIRTUE OF THE SEPTEMBER 1975 ORDER OF DISMISSAL

WHEREAS, an Appeals Committee was created to restudy the cases of those separated for cause from the service last September 21, 1975;

WHEREAS, some of those separated were thereafter ordered reinstated;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the power vested in me by law, do hereby establish the following guidelines for adoption by all agencies of the national government, including government-owned or controlled corporations:

1. In the filling up of vacancies in all agencies, priority should be given to qualified applicants from among employees separated per above and subsequently ordered to be reinstated.

2. Agencies may not fill up present vacant positions comparable to those previously held by their respective former officials and employees separated per above, notwithstanding LOI 565, unless and until reinstatement guidelines herein provided for have been duly complied with.

3. In reinstating an employee, steps should be taken to give the reinstatee the previous position he last held if possible. Otherwise, he should be appointed to at least a comparable position in the organization.

4. In cases where no vacant position exists to accommodate said reinstatees, agencies may propose, chargeable against savings, creation of similar or comparable positions to accommodate them, provided the same shall be based on actual or foreseeable needs of the agencies. Toward this end, for regular government departments and agencies, the Management Office of the Budget Commission should consult the 1978 budgetary recommendations on new positions, for the agency concerned, and accelerate the implementation in 1977 of such recommendations as will provide positions for reinstatees. Positions thus created shall automatically be included in the CY 1978 budget of the agency.

5. All departments, agencies, and other instrumentalities of the Government, including government-owned or controlled corporations, shall submit to the Office of the President, thru the Budget Commission, a report of employees reinstated, their previous and present positions, organizational location and salary being received.

DONE in the City of Manila, this 2nd day of November, in the year of Our Lord, Nineteen Hundred and Seventy-Seven.