Administrative Code of 1987

Section 1

As a general rule, when a request or petition, whether written or verbal, can be disposed of promptly and expeditiously, the official or employee in charge to whom the same is presented shall do so immediately, without discrimination, and in no case beyond fifteen (15) working days from receipt of the request or petition.

Section 1

Promotion is 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. Promotion may be from one department or agency to another or from one organizational unit to another in the same department or agency.

Section 2

In departments, offices or agencies that are usually swamped with persons calling for a particular type of service, the head of the department, office or agency shall devise a mechanism so as to avoid long queues, such as by giving each person a ticket number duly countersigned which shall specify the time and the date when the person, whose name and address shall be indicated, can be served without delay. Said person shall have the right to prompt service upon presentation of said ticket number.

Section 2

Whenever a position in the first level becomes vacant, the employees in the department or agency who occupy positions deemed to be next-in-rank to the vacancy, shall be considered for promotion. In the second level, those employees in the government service who occupy next-in-rank positions shall be considered for promotion to the vacancy.

Section 3

A next-in-rank position refers to a position which, by reason of the hierarchical arrangement of positions in the department or 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.

Section 3

In case of written requests, petitions, or motions, sent by means of letters, telegrams, or the like, the official or employee in charge shall act on the same within fifteen (15) working days from receipt thereof, provided that: (a) If the communication is within the jurisdiction of the office or agency, the official or employee must: (1) Write a note or letter of acknowledgment where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or agency, specifying the date when the matter will be disposed of and the name of the official or employee in charge thereof. (2) Where the matter is non-routinary or the issues involved are not simple or ordinary, write a note or letter of acknowledgment, informing the interested party, petitioner or correspondent of the action to be taken or when such requests, petitions or motions can be acted upon. Where there is a need to submit additional information, requirements, or documents, the note or letter of acknowledgment shall so state, specifying a reasonable period of time within which they should be submitted, and the name of the particular official or employee in charge thereof. When all the documents or requirements have been submitted to the satisfaction of the department, office or agency concerned, the particular official or employee in charge shall inform the interested party, petitioner, or correspondent of the action to be taken and when such action or disposition can be expected, barring unforeseen circumstances. (b) If communication is outside its jurisdiction, the official or employee must: (1) Refer the letter, petition, telegram, or verbal request to the proper department, office or agency. (2) Acknowledge the communication by means of a note or letter, informing the interested party, petitioner, or correspondent of the action taken and attaching a copy of the letter of referral to the proper department, office or agency. The department, office and agency to which the letter, petition, telegram or verbal request was referred for appropriate action must take action in accordance with subsection (a), pars. 1 and 2 hereof. The period of fifteen (15) working days herein provided shall be counted from the date of receipt of the written or verbal communication by the department, office or agency concerned.

Section 4

All official papers and documents must be processed and completed within a reasonable time from the preparation thereof. Reasonable time shall be determined in accordance with the following rules: (a) When the law or the applicable rule issued in accordance therewith prescribes a period within which a decision is to be rendered or an action taken, the same shall be followed; (b) When the law or the applicable rule issued in accordance therewith does not prescribe a period, the head of department, office or agency shall issue rules and regulations prescribing, among other things, what is reasonable time, taking into account the following factors: (1) Nature, simplicity or complexity of the subject matter of the official papers or documents processed by said department, office or agency; (2) Completeness or inadequacy of requirements or of data and information necessary for decision or action; (3) Lack of resources caused by circumstances beyond the control of the department, office or agency or official or employee concerned; (4) Legal constraints such as restraining orders and injunctions issued by proper judicial, quasi-judicial or administrative authorities; (5) Fault, failure or negligence of the party concerned which renders decision or action not possible or premature; and (6) Fortuitous events or force majeure.

Section 4

An employee who holds a next-in-rank position who is deemed the most competent and qualified, possesses an appropriate civil service eligibility, and meets the other conditions for promotion may be promoted to the higher position when it becomes vacant. However, the appointing authority may promote an employee who is not next-in-rank but, who possesses superior qualifications and competence compared to a next-in-rank employee who merely meets the minimum requirements for the position.

Section 5

The comparative degree of competence and qualification of employees shall be determined by the extent to which they meet the following requirements at the time of the appointment: (a) Performance — this shall be based on last performance rating of the employee. However, no employee shall be considered for promotion unless his last performance rating is at least very satisfactory. (b) Education and Training — these shall include educational background and successful completion of training courses, scholarships, training grants and others. Such education and training must be relevant to the duties of the position to be filled. (c) Experience and Outstanding Accomplishments — these shall include occupational history, work experience and accomplishments worthy of special commendation. (d) Physical Characteristics and Personality Traits — these refer to the physical fitness, attitudes and personality traits of the individual which must have a bearing on the position to be filled. (e) Potential — this takes into account the employee's capability not only to perform the duties and assume the responsibilities of the position to be filled but also those of higher and more responsible positions.

Section 5

Except as otherwise provided by law or regulation, and as far as practicable, any written action or decision must contain not more than three (3) initials or signatures. In the absence of the duly authorized signatory, the official next-in-rank or officer-in-charge or the person duly authorized shall sign for and in his behalf. The head of department, office or agency shall prescribe, through an appropriate office order, the rules on the proper authority to sign in the absence of the regular signatory, as follows: (1) If there is only one official next in rank, he shall automatically be the signatory; (2) If there are two or more officials next in rank, the appropriate office order shall prescribe the order of priority among the officials next in rank within the same organizational unit; or (3) If there is no official next in rank present and available, the head of department, office or agency shall designate an officer-in-charge from among those next lower in rank in the same organizational unit.

Section 6

All public documents must be made accessible to, and readily available for inspection by, the public during working hours, except those provided in Section 3, Rule IV.

Section 6

The appointing authority may promote an employee who far exceeds the requirements of the position compared to one who merely meets the minimum requirements of the position.

Section 7

All heads or other responsible officers of departments, offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a full and complete report of performance and accomplishments, as prescribed by existing laws and regulations. Another report of compliance with the provisions of the Code and these Rules shall be prepared and submitted to the Civil Service Commission. The Commission may require officials to provide additional information or furnish documents, if necessary.

Section 7

In cases where the qualifications of employees are comparatively at par, preference may be given to the employee in the organizational unit where the vacant position is or in the department or agency where the vacancy is, in the case of second level positions.

Section 8

No other civil service eligibility shall be required for promotion to a higher position in the same level and within the same or functionally related grouping of positions. Agencies shall not be precluded from prescribing their own internal standards for purposes of promotion.

Section 8

Officials and employees and their families shall lead modest and simple lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form. Basically, modest and simple living means maintaining a standard of living within the public official or employee's visible means of income as correctly disclosed in his income tax returns, annual statement of assets, liabilities and net worth and other documents relating to financial and business interests and connections. Public funds and property for official use and purpose shall be utilized with the diligence of a good father of a family.

Section 9

To ensure objectivity in promotion, a Selection/Promotion Board shall be established in every department or agency which shall be responsible for the adoption of a formal screening procedure and formulation of criteria for the evaluation of candidates for promotion. Reasonable and valid standards and methods of evaluating the competence and qualifications of all employees competing for a particular position shall be established and applied fairly and consistently. The criteria established for evaluation of qualification of candidates for promotion must suit the job requirements of the position. The Selection/Promotion Board shall then evaluate the qualifications of an employee being considered for promotion in accordance with the department or agency Merit Promotion Plan. The Selection/Promotion Board shall likewise determine en banc the list of employees recommended for promotion from which the appointing authority may choose the employee to be promoted. In preparing the list, the Board shall see to it that the qualifications of employees recommended for promotion are comparatively at par and that they are the best qualified from among the candidates. As soon as the promotional appointment is issued, a notice announcing the promotion shall be posted by the head of the Personnel Division/department/office on the bulletin board of the department, agency or regional offices concerned. The Selection/Promotion Board shall maintain records of deliberations which shall be available for inspection by the Commission or its duly authorized representatives.

Section 10

In filling supervisory positions the Selection/Promotion Board shall develop criteria for managership and leadership which shall constitute one of the instruments for selection of candidates for promotion.

Section 11

Each department or agency shall establish a qualification index of all employees. For this purpose, individual personnel folders shall be kept and made available to the Selection/Promotion Board and shall be open at all times for the inspection of the Commission. These folders shall give the following information about the employee's record of performance, occupational history, educational attainment, special studies and training, civil service eligibilities and other relevant data.

Section 12

Each department or agency shall have a Merit Promotion Plan including a System of Ranking Positions. Newly organized and/or reorganized departments or agencies shall develop a Merit Promotion Plan which shall be submitted to the Commission for approval within a year from its organization or reorganization. All Merit Promotion Plans shall be continually updated and any changes or amendments shall take effect six months from date of approval by the Commission. All employees shall be informed by the department or agency of the Merit Promotion Plan and System of Ranking Positions and amendments thereto, as approved. The Commission shall provide technical assistance to the departments and agencies in the preparation of Merit Promotion Plans and System of Ranking Positions and shall monitor their implementation.

Section 13

All appointments involved in a chain of promotions must be submitted simultaneously for approval by the Commission. The disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in lower positions and automatically restores them to their former positions. However, the affected persons are entitled to the payment of salaries for services actually rendered at a rate fixed in their promotional appointments.

Section 14

When an employee has a pending administrative case, he shall be disqualified for promotion during the pendency thereof. If he is found guilty, he shall be disqualified for promotion for a period based on the penalty imposed as prescribed by the Commission. For purposes of this Rule, a pending administrative case shall be construed as follows: (1) when the disciplining authority has already filed a formal charge; or (2) in case of a complaint filed by a private person, a prima facie case is already found to exist by the disciplining authority.

Section 15

Within 15 days from notice of the issuance of an appointment, a next-in-rank employee who is competent and qualified and who feels aggrieved by the promotion of another may file a protest with the department or agency head who shall make a decision within 30 days from receipt of the protest. The employee who is not satisfied with the decision of the department or agency head may further appeal within 15 days from receipt thereof to the Merit Systems Protection Board. The Board shall render a decision within 60 days from the time the protest case is submitted for decision. The decision of the Board is final except those involving division chiefs or officials of higher ranks, which may be appealed to the Commission. Those involving positions below division chief may be subject of review by the Commission.

Section 16

An employee who is still not satisfied with the decision of the Board may appeal to the Commission within 15 days from receipt of the decision. The decision of the Commission is final and executory if no petition for reconsideration is filed within 15 days from receipt thereof.

Section 17

In all instances only one petition for reconsideration shall be entertained. The petitioner shall point out errors in the original decision or he shall present new evidences.

Section 18

Failure to file a protest, appeal, petition for reconsideration or petition for review within the prescribed period shall be deemed a waiver of such right and shall render the subject action/decision final and executory.

Section 19

An appointment though contested shall take effect immediately upon its issuance if the appointee assumes the duties of the position and the appointee is entitled to receive the salary attached to the position. However, the appointment, together with the decision of the department head shall be submitted to the Commission for appropriate action within 30 days from the date of its issuance otherwise the appointment becomes ineffective thereafter. Likewise, such an appointment shall become ineffective in case the protest is finally resolved against the protestee, in which case he shall be reverted to his former position.

Section 20

Notwithstanding the initial approval of an appointment, the same may be recalled on any of the following grounds: (a) non-compliance with the procedures/criteria provided in the agency's Merit Promotion Plan; (b) failure to pass through the agency's Selection/Promotion Board; (c) violation of the existing collective agreement between management and employees relative to promotion; or (d) violation of other existing civil service law, rules and regulations.