Nachura Law on Public Officers Notes: COMMENCEMENT OF OFFICIAL RELATIONS Part 2

Nachura Law on Public Officers Notes: COMMENCEMENT OF OFFICIAL RELATIONS Part 2

Discretion of Appointing Security

• Discretionary power and must be performed by the officer in whom it is vested.
• Only condition, appointee must possess the minimum qualifications requirements prescribed by law.
• Appointing authority is in the best position to determine who among the prospective appointees can effectively discharge the functions of the position.
• Final choice of appointing authority should be respected and left undisturbed.
• Commission may not and should not substitute its judgment for that of the appointing authority.
• Civil Service Law grants career service officers preference in promotion under the “next-in-rank” rule, it is not mandatory, appointing authority should be allowed the choice of men of his confidence provided they are qualified and eligible.
• Provincial, city prosecutor and their assistants – appointed by President upon recommendation of Secretary of Justice (mere advise).
• Discretion of appointing authority – choice of the person WHO is to be appointed, NATURE and CHARACTER of appointment.

Judicial Review of Appointments

• Appointment generally a political question; as long as appointee possess minimum qualifications as prescribed by law for the position.
• Action for usurpation of office – Who claims a valid title to the office.

Jurisdiction of the Civil Service Commission

• Disciplinary cases
• Cases involving personnel action
• Employment status and qualification standard
• Recall an appointment initially approved – when issued with disregard to Civil Service Laws, rules and regulations
• Approving and reviewing appointments to determine their compliance with the Civil Service Law
• On its own, does not have the authority to terminate employment or drop members from the roll

Appointments to the Civil Service

• Scope: ALL branches, subdivision, instrumentalities and agencies of the Government, including GOCC with original charter.

Classes of Service

1. Career Service

a. Description

-Entrance based on merit and fitness, as far as practicable by competitive examinations

-Or based on highly and technical qualifications

-Opportunity for advancement to higher career positions

-Security of tenure

b. Includes:

1) Open Career Service

-Prior qualification in an appropriate examination is required

2)Closed Career Service

-Scientific or highly technical

3)Career Executive Service

-Undersecretaries, bureau directors, etc.

4)Positions in the Armed Forces of the Philippines

-Governed by a different merit system

5) Career Officers

-Other than those belonging to Career Executive Service, appointed by President, e.g. foreign service

6) Personnel of GOCC w/ original charters

7) Permanent laborers (skilled, semi-skilled or unskilled)

• Career Executive Service

a. 2 requirements to attain security of tenure

i. Career executive service eligibility

ii. Appointment to the appropriate career executive service rank

b. Security of tenure pertains only to rank and not to the office or position

2. Non-Career Service

a. Description

-Entrance on bases other than those of the usual tests utilized for the career service

-Tenure

1) limited to a period specified by law or

2) which is co-terminous with that of the appointing authority or

3) subject of his pleasure or

4) which is limited to the duration of a particular project for which purpose the employment was made.

b. Includes:

1) Elective officials, personal and confidential staff

2) Department Heads and officials of Cabinet rank who holds office at the pleasure of the President, personal and confidential staff

3) Chairmen and members of commissions/boards w/ fixed terms of office, personal and confidential staff

4) Contractual personnel/ those whose employment in government is in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in employing agency, to be accomplished within a period not exceeding 1 year, under his own responsibility, with minimum direction and supervision

5) Emergency and seasonal personnel

– Under Administrative Code, the CSC is expressly empowered to declare positions in the CS as primarily confidential.

– Enumeration in the Civil Service decree, which defined the non-career service is not an exclusive list. Commission can supplement this list.

– Coterminous status may be classified as:

1. co-terminous with project – duration of particular project for which employment was made.

2. co-terminous with appointing authority – tenure of appointing authority or at his pleasure

3. co-terminous with incumbent – co-existent with appointee, such that after the latter’s resignation, separation or termination of the services, the position shall be deemed automatically abolished.

4. co-terminous with a specific period – for a specific period, upon expiration, position is deemed abolished.