Supreme Court Revised Administrative Circular No. 50-04

June 1, 2004

SUPREME COURT REVISED ADMINISTRATIVE CIRCULAR NO. 50-04

ESTABLISHING THE MERIT SELECTION AND PROMOTION PLAN FOR THE LOWER COURTS (MSPP-LC)

Pursuant to Section 32, Book V of Administrative Code of 1987 (Executive Order No. 292) and Civil Service Commission (CSC) Memorandum Circular No. 3, s. 2001, this Merit Selection and Promotion Plan for the Lower Courts (MSPP-LC) is hereby established for the guidance of all concerned.

I. OBJECTIVES

The MSPP-LC aims to

1. Establish a system that is characterized by strict observance of the merit, fitness and equality principles in the selection of employees for appointment to positions in the career service; and

2. Create equal opportunities to all qualified men and women for employment and career advancement in the lower courts.

II. SCOPE

This MSPP-LC shall cover career positions in the first and second level or its equivalent in the lower courts other than the Court of Appeals, Sandiganbayan and Court of Tax Appeals, namely, Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, and Shari'a Circuit Courts.

III. DEFINITION OF TERMS

As used in this Administrative Circular, the following terms shall mean as follows:

Career Service — positions in the civil service characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examination, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure. EcHTCD

Comparatively at Par — predetermined reasonable difference or gap between point scores of candidates for appointment established by the SPB-LC.

Deep Selection — the process of selecting a candidate for appointment who is not next-in-rank but possesses superior qualifications and competence.

Discrimination — a situation wherein a qualified applicant is not included in the selection line-up on account of gender, civil status, pregnancy, disability, religion, ethnicity or political affiliation.

First Level Positions — those which involve non-professional or sub-professional work in a non-supervisory or supervisory capacity requiring less than four (4) years of college studies, such as clerical, trades and crafts, and custodial service positions.

Job Requirements — requisites not limited to the qualification standards of the position, but may include skills, competencies, potentials, physical and psycho-social attributes, necessary for the successful performance of the duties required of the position. TEAaDC

Education and Training — include educational background, successful completion of training courses accredited by the CSC, scholarships, training grants, and other human resource development programs which must be relevant to the duties of the position to be filled.

Experience and Outstanding Accomplishments — include occupational history, relevant work experience acquired either from the government or private sector, and accomplishments worthy of special commendation.

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

Potential — the capacity and ability of a candidate to assume the duties of the position to be filled and those of higher or more responsible positions.

Next-in-Rank Position — a position which by reason of the hierarchical arrangement of positions in the agency or in the government is determined to be in the nearest degree of relationship to a higher position as contained in the agency's System of Ranking Positions (SRP).

Personnel Actions — any action denoting the movement or progress of personnel in the civil service such as original appointment, promotion, transfer, reinstatement, reemployment, detail, reassignment, secondment and demotion.

Promotion — 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.

Qualification Standards — a statement of the minimum qualifications for a position which shall include education, experience, training, civil service eligibility, and physical characteristics and personality traits required in the performance of the job.

Qualified Next-in-Rank — an employee appointed on a permanent status to a position next-in-rank to the vacancy as reflected in the SRP approved by the head of agency and who meets the requirements for appointment to the next higher position. ETHSAI

Second Level Positions — those which involve professional, technical and scientific work in a non-supervisory or supervisory capacity up to Division Chief level or its equivalent.

Selection — 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.

Open Positions — positions that do not have any next-in-rank positions or residual positions of each level which may be filled up by lateral/vertical entry.

Selection Line-up — a listing of qualified and competent applicants for consideration to a vacancy which includes, but not limited to, the comparative information of their education, experience, training, civil service eligibility, performance rating (if applicable), relevant work accomplishments, physical characteristics, psycho-social attributes, personality traits and potential. cAECST

Superior Qualifications — any outstanding relevant work accomplishments, educational attainment and training appropriate for the position to be filled which shall include demonstration of exceptional job mastery and potentials in major areas of responsibility.

System of Ranking Positions — 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. BASIC POLICIES

1. Selection of appointees in the lower courts shall be open to all qualified men and women according to the principle of merit, fitness and equality.

 There shall be equal employment opportunities for men and women at all levels of positions in the lower courts, provided that they meet the minimum requirements of the position to be filled.

 There shall be no discrimination in the selection of employees on account of gender, civil status, disability, religion, ethnicity, or political affiliation. IaHSCc

2. The Merit Selection and Promotion Plan shall cover positions in the first and second levels and shall also include original appointments and other related personnel actions.

3. When a position covered by this MSPP-LC becomes vacant, applicants selected for appointment thereto who are competent, qualified, and possess the appropriate civil service eligibility shall be considered for permanent appointment.

4. Vacant positions marked for filling up shall be published in accordance with Republic Act No. 7041 (Publication Law). The published vacant positions shall also be posted in at least three (3) conspicuous places in the court where such vacancies exist for at least ten (10) calendar days. Other appropriate modes of publication shall be considered.

5. The members of the Selection and Promotion Board for the Lower Courts (SPB-LC) shall undergo orientation and workshop on the selection/promotion process and CSC policies on appointments.

6. The Chief Justice shall, as far as practicable, ensure equal opportunity for men and women to be represented in the SPB-LC.

7. All qualified next-in-rank employees shall be automatically considered candidates for promotion to the next higher position. TEcCHD

8. The appointing authority may appoint an applicant who is not next-in-rank but who possesses superior qualifications and competence, and has undergone the selection process.

9. The SPB-LC shall maintain fairness and impartiality in the assessment of candidates for appointments. Towards this end, the SPB-LC may initiate innovative schemes in determining the best and most qualified candidate.

 The following appointments shall no longer be screened by the SPB-LC:

a. Substitute appointments due to their short duration and emergency nature. However, should the position be filled by regular appointment, candidates for the position should be screened and passed upon by the SPB-LC;

b. Appointment to personal and primarily confidential positions; and

c. Renewal of temporary appointment issued to incumbent personnel.

10. Recommendations for appointment to vacancies in the Branch of a court shall be made by the Presiding Judge or the Acting Presiding Judge thereof and submitted to the Executive Judge for transmittal to the Office of Administrative Services, Office of the Court Administrator (OAS-OCA), for consideration or deliberation by the SPB-LC.

 For vacancies in the Office of the Clerk of Court, recommendations shall be made by the Executive Judge.

 The Presiding Judge/Acting Presiding Judge or the Executive Judge, as the case may be, shall forward to the OAS-OCA all other applications submitted to his office, for inclusion in the deliberations of the SPB-LC.

 The recommendee of the Judge shall be given priority only if said applicant-recommendee possesses superior qualifications than, or is at least equally qualified as, the other applicants.

11. The SPB-LC shall evaluate the qualifications of the recommendees/applicants. Through a resolution, it shall recommend to the Court either the approval or denial of applications, taking into consideration the qualification requirements of the position to be filled up. ETHSAI

12. No relatives of incumbent employees within the third civil degree of consanguinity or affinity shall be appointed in the same branch/office except when the appointment involves the promotion of an incumbent employee of the same branch/office, or a change of status of appointment, or a renewal of temporary appointment.

13. In the absence of qualified applicants or qualified next-in-rank employees, recommendees who fail to meet the appropriate eligibility, training, and experience requirements of the position may be appointed under temporary status provided that the appointee submits a) a CSC certification as to the non-availability of eligibles within the area; and if there are any, a waiver executed by the eligibles that they are not interested to be appointed, stating also their reasons for waiving their right to be considered for appointment; and b) an affidavit of the appointee that he/she is willing to accept an appointment under temporary status. SEDaAH

14. The comparative competence and qualifications of candidates for appointment shall be determined on the bases of the following:

a. Performance — For appointment by promotion, the performance rating of the appointee for the last rating period prior to the effectivity date of the appointment should be at least very satisfactory.

 For appointment by transfer, the performance rating for the last rating period immediately preceding the transfer from the former office or agency should be at least very satisfactory.

b. Eligibility — This is granted to a person who passes in a civil service/board/bar examination or to one who obtains high scholastic grades/honors upon graduation from college, usually evidenced by a certificate of eligibility issued by the CSC and the entry of the eligible's name in the CSC register of eligibles.

c. Education and Training — These include educational background, successful completion of training courses conducted by institutions accredited by the Civil Service Commission, scholarships, and grants which are relevant to the duties of the position to be filled.

d. Experience and Outstanding Accomplishments — These include occupational history, relevant work experiences acquired either from the government or private sector, and accomplishments worthy of special commendation. cEHITA

e. Psycho-Social Attributes and Personality Traits — These refer to the characteristics or traits of a person which involve both psychological and social aspects. Psychological traits include the manner an applicant perceives things, ideas and beliefs and understanding and how he/she acts and relates these things to others and in social situations.

f. Potentials — These refer to the capacity and ability of a candidate to assume not only the duties of the position to be filled but also higher or more responsible positions.

 A greater percentage weight shall be allocated to performance.

15. No employee may be promoted to a position which is more than two (2) salary grades higher than the employee's present position except in very meritorious cases, such as when the vacant position is (a) next-in-rank as identified in the System of Ranking Positions (SRP) approved by the Chief Justice, or (b) the lone or entrance position indicated in the staffing pattern.

16. An employee who is on local or foreign scholarship, training grant, or maternity leave, may be considered for promotion. For this purpose, the performance rating to be considered shall be that obtained immediately prior to the scholarship or training grant or maternity leave. If promoted, the effectivity date of the promotional appointment shall be on the assumption to duty of the appointee.

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

18. The day following the receipt of a notice of the appointment issued, the Judge or the Clerk of Court shall cause the posting of said notice of appointment at three conspicuous places within the court's premises for a period of at least fifteen (15) calendar days.

V. PROCEDURE

1. Request for Authority to Fill Vacant Positions:

 The Court Administrator, upon recommendation by the Deputy Court Administrator concerned, shall request authorization from the Chief Justice to fill vacancies in the lower court. In the case of positions soon to be vacated due to the compulsory retirement of their incumbents, the request shall be made within six (6) months prior to the date of the incumbent's retirement. In case of vacancies due to other causes such as optional retirement, death, transfer, dismissal, resignation or promotion of the incumbents, the request for authorization to fill shall be made within one (1) month from the occurrence of the vacancy. The Court Administrator shall specify the positions to be filled and the court or office where such positions belong. Upon approval of the request, OAS-OCA shall notify the concerned Presiding Judge/Acting Presiding Judge and Executive Judge. EDaHAT

 The OAS-OCA shall regularly notify the Deputy Court Administrator concerned of the vacancies.

2. Publication of Vacant Positions

 Within one (1) month from notice of approval of the Chief Justice, the OAS-OCA shall:

(1) cause the publication of the vacant positions in the CSC Bulletin of Vacant Positions or through other modes of publication; and

(2) require the Clerk of Court concerned to post notices of vacancies.

 Within five (5) days from notification, the Clerk of Court shall post notices of the vacancies to be filled in three (3) conspicuous places in the court's premises for ten (10) calendar days. The notice shall specify the qualification standards and requirements for the position.

 Within two (2) months from the expiration of the 10-day period of posting, the following guidelines shall be observed:

a. The Presiding Judge/Acting Presiding Judge shall submit all applications, with or without his recommendation, to the Executive Judge.

b. The Executive Judge shall indorse all applications with or without his recommendation, to OAS-OCA within five (5) days from receipt thereof.

 Vacant positions which are not filled within six (6) months shall be re-published.

 The following positions are exempt from the requirements of publication and posting of notices:

a. Primarily confidential positions;

b. Policy Determining positions;

c. Highly technical positions;

d. Other non-career positions; and

e. Positions to be filled by existing regular employees in case of reorganization.

3. Listing of All Candidates for the Position

 The OAS-OCA shall prepare a list of candidates aspiring for the vacant position, either within or outside the branch/office, including qualified next-in-rank employees.

4. Preliminary Evaluation of Qualifications

 The OAS-OCA shall conduct preliminary evaluation of the qualifications of all candidates named in the list. Those initially found qualified shall be included in a selection line-up which shall also reflect the candidates' comparative competence and qualifications based on the following factors:

a. performance;

b. education and training;

c. experience and outstanding accomplishments;

d. psycho-social attributes and personality traits; and

e. potential.

5. Notification of Outcome of Preliminary Evaluation

 The OAS-OCA shall notify all applicants of the outcome of the preliminary evaluation.

6. Submission of Line-up to the SPB-LC

 The OAS-OCA shall immediately submit the selection line-up to the SPB-LC for its deliberation.

7. Assessment of Competence and Qualification of Candidates

 The SPB-LC shall make a systematic assessment of the competence and qualifications of candidates for appointment. It shall evaluate and deliberate en banc the qualifications of those listed in the selection line-up.

8. Submission of Resolution containing the List of Candidates to the Court EcSCAD

 The resolution containing the list of candidates recommended for appointment, from which the appointee will be chosen, shall be in the prescribed format, to be signed by all those who participated therein, and to be submitted to the Office of the Chief Justice within five (5) days from its approval by the SPB-LC.

 The list of recommended candidates should reflect the comparative competence and qualification of the top five (5) ranking candidates.

9. Assessment and Selection by the Chief Justice and the Chairmen of the Divisions

 The Chief Justice with the concurrence of the Chairmen of the Divisions, pursuant to A.M. No. 99-12-08-SC, shall assess the merits of the SPB-LC's recommendation for appointment and, in the exercise of their sound discretion, appoint the candidate who is deemed most qualified for appointment to the vacant position.

10. Transmittal of Resolution/Approval of Appointment

 The resolution containing the approved appointment of the selected candidate, signed by the Chief Justice with the concurrence of the Chairmen of the Divisions pursuant to A.M. No. 99-12-08-SC, shall be transmitted to the OAS-OCA for the processing and preparation of the commission evidencing the appointment.

11. Posting of a Notice Announcing the Appointment

 After the appointment has been made by the Chief Justice with the concurrence of the Chairmen of the Divisions pursuant to A.M. No. 99-12-08-SC, the OAS-OCA shall immediately request the Judge or the Clerk of Court concerned to post a notice announcing the appointment in three (3) conspicuous places within the court's premises for at least fifteen (15) days. The date of posting should be indicated in the notice.

VI. GRIEVANCE (PROTEST)

1. Grounds of Protest

 A qualified next-in-rank employee may file a protest against the appointment issued for the following reasons:

a. Non-compliance with the selection process;

b. Discrimination on account of gender, civil status, disability, pregnancy, religion, ethnicity or political affiliation;

c. Disqualification of the appointee to a career position for reason of lack of confidence of the recommending authority; and

d. Other violations of the provisions of this MSP-LC.

2. Form and Contents of Protest

 The protest shall be written in clear, simple and concise language and in a systematic manner. The aggrieved party shall be called the "Protestant" and the proposed appointee the "Protestee".

 The protest shall contain the following:

a. The position contested, including its item number in the Plantilla;

b. The full name, office, position and salary per annum of both the protestant and the protestee;

c. The specifications of the protest; and

d. The comparative data qualifications pertaining to both the protestant and the protestee by showing their education, training, experience, outstanding accomplishments, civil service eligibility, latest performance rating.

3. When to File Protest

 The protest may be filed within fifteen (15) days from notice of the appointment by the protestant.

 Failure to file a protest within the prescribed period shall be deemed a waiver of one's right, and no protest shall thereafter be entertained. cAISTC

4. Procedure in Filing Protest

a. The aggrieved party shall, within the prescribed period, file his protest in triplicate copies, together with all relevant documents, directly with the OAS-OCA which, in turn, shall immediately forward the same to the SPB-LC.

b. The SPB-LC shall, within three (3) days from receipt of the protest, require the recommending Judge or the Presiding/Executive Judge where the contested position exists, to comment thereon within five (5) days.

c. The documents at hand relevant to the protest and the comment thereon of the Judge concerned shall be forwarded by the SPB-LC, together with its own recommendation and findings on the matter, to the Chief Justice and the Chairmen of the Divisions for resolution.

 In case of failure on the part of the Judge concerned to file a comment within the prescribed period, the protest shall be submitted to the Chief Justice and the Chairmen of the Divisions for resolution on the basis of available documents/records at hand. HCEaDI

d. The decision of the Chief Justice and the Chairmen of the Divisions on the protest is final and executory.

VII. COMPOSITION OF THE SPB-LC

There shall be a Selection and Promotion Board for Lower Courts (SPB-LC) for first and second level positions in the lower courts, other than the Court of Appeals, Sandiganbayan and Court of Tax Appeals, with the following composition as organized under Administrative Circular No. 42-2001 dated 13 August 2001, to wit: IETCAS

Chairman	—	The Court Administrator
Vice-Chairman	—	The Most Senior Deputy Court Administrator
Members	—	Representative from the Office of the Chief Justice
	—	The Head of the Office of Administrative Services
		of the Office of the Court Administrator
	—	Two (2) Representatives of the Philippine
		Association of Court Employees, one (1) from the
		1st level positions and one (1) from the 2nd level
		positions, who shall serve only as such
		representative for a period of two (2) years. Both
		representatives shall participate only in the
		screening of candidates for vacancies in the level
		which they represent.
Secretary-Recorder	—	To be designated by the Chairman
Asst.	—	To be designated by the Chairman
		Secretary-Recorder

The SPB-LC shall assiduously study and screen applications for the positions in the lower court, and thereafter, make recommendations thereon to the Court for approval.

Specifically, the SPB-LC shall act on the following:

1. When an applicant who is not yet in the service is recommended to a vacant position and there are qualified applicants thereto who are already in the service;

2. When more than one (1) applicant for the same position are recommended by the Presiding Judge;

3. When the applicant recommended by the Acting Presiding Judge in his designated court is different from the recommendee of the permanent judge therein who is detailed to another court;

4. When the applicant recommended by the Acting Presiding Judge or by the regular Presiding Judge detailed in another court is different from the recommendee of the Executive Judge;

5. When the recommendee of a judge is objected to by a co-employee of the nominee belonging to the same court; and

6. Such other matters as may be referred to the SPB-LC for resolution.

VIII. FUNCTIONS AND RESPONSIBILITIES

1. SELECTION AND PROMOTION BOARD, LOWER COURTS (SPB-LC)

The SPB-LC for first and second level positions shall have the following functions and responsibilities: IcCEDA

a. Adopt a formal screening procedure and formulate criteria for the evaluation of candidates for appointment, taking into consideration the following:

a.1. Reasonable and valid standards and methods of evaluating the competence and qualifications of all applicants competing for a particular position; and

a.2. Criteria for evaluation of qualifications of applicants for appointment which must suit the job requirements of the position.

b. Disseminate screening procedure and criteria for selection to all lower court officials and employees and interested applicants. Any modification of the procedure and criteria for selection shall likewise be properly disseminated.

c. Prepare a systematic assessment of the competence and qualifications of candidates for appointment. Maintain fairness and impartiality in the assessment of candidates.

d. Evaluate and deliberate en banc the qualifications of those listed in the selection line-up.

e. Submit, by resolution, the list of candidates recommended for appointment from which the appointing authority shall choose the applicant to be appointed.

f. Maintain records of all deliberations which must be made accessible to interested parties upon written request and for inspection and audit by the CSC; and

g. Orient the officials and employees in the lower courts pertaining to the policies relative to personnel actions.

2. OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR (OAS-OCA)

The OAS-OCA shall have the following functions and responsibilities:

a. Disseminate copies of the Merit Selection Plan for Lower Courts to all Judges after approval thereof by the Civil Service Commission;

b. Develop a System of Ranking Positions (SRP) for approval by the Chief Justice, copy furnished the CSC and its Field Office concerned, for reference purposes;

c. Develop and maintain an updated qualification database of employees to include education, training, experience, skills, competencies and other similar information;

d. Develop a program to fast-track the career movement of employees with superior qualifications.

3. EMPLOYEES

The employees shall be responsible for updating their Personal Data Sheet annually, if deemed necessary, and submit supporting documents thereto to the OAS-OCA.

IX. EFFECTIVITY

The Merit Selection Plan for the Lower Courts herein established and the subsequent amendments thereto shall take effect immediately after approval by the Civil Service Commission.

Issued this 1st day of June 2004.

(SGD.) HILARIO G. DAVIDE, JR.Chief JusticeSupreme Court of the Philippines

(SGD.) REYNATO S. PUNOAssociate JusticeSupreme Court of the Philippines

(SGD.) JOSE C. VITUGAssociate JusticeSupreme Court of the Philippines

 

(By virtue of and pursuant to A.M. No. 99-12-08-SC-revised)