Nachura Law on Public Officers Notes: COMMENCEMENT OF OFFICIAL RELATIONS Part 3

Nachura Law on Public Officers Notes: COMMENCEMENT OF OFFICIAL RELATIONS Part 3

Requisites

1. made according to merit and fitness

2. competitive examination

Exceptions:

1. policy determining

2. primarily confidential or

3. highly technical

– In a department, appointing power is vested in the DEPARTMENT SECRETARY, although it may be delegated to the REGIONAL DIRECTOR, subject to approval of the Department Secretary.

– Principles

1) Classification of a particular position as policy-determining, primarily confidential or highly technical amounts to no more than an executive or legislative declaration that is not conclusive upon the courts, the true test being the nature of the position

2) The exemption provided pertains only to exemption from competitive examination to determine merit and fitness to enter the civil service

3) Exempt from competitive examination to determine merit and fitness:

a. Policy-determining

• Officer lays down principal or fundamental guidelines or rules
• E.g. department head

b. Primarily confidential

• Not only confidence in the aptitude if the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayal on confidential matters of state
• NATURE of the position which determined whether a position is primarily confidential, policy-determining or highly technical
• “proximity rule” – can be considered as confidential employee if the predominant reason why he was chosen by the appointing authority was the latter’s belief that he can share a close intimate relationship with the occupant which ensures freedom of discussion without fear of embarrassment or misgivings of possible betrayals of personal trust or confidential matters of the State.
• Where the position occupied is remote from that of the appointing authority, the element of trust between them is no longer predominant, and cannot be classified as primarily confidential.

c. Highly technical – requires possession of technical skill in a superior degree.

• Legal counsel of PNB
• City Legal Officer
• City Attorney
• Security Council and Security Guards of the City Vice Mayor

Other Personnel Action

1) Promotion

2) Appointment through Certification

3) Transfer

4) Reinstatement

5) Detail

6) Reassignment

7) Reemployment

Promotion

– Movement from one position to another with increased duties and responsibilities as authorized by law

– Usually accompanied by an increase in pay.

– Next-in-rank Rule

• The one who is next in rank is given preferential consideration
• Does not mean that he alone can be appointed
• Appointing authority is required to state the “special reasons” for not appointing the officer next in rank.

– Automatic Reversion Rule

• 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 the lower positions and automatically restores them to their former positions. Affected persons are entitled to payment of salaries for services rendered at a rate fixed in their promotional appointments.
• Requisites:

1. series of promotions

2. all promotional appointments are simultaneously submitted to the Commission for approval

3. Commission disapproves the appointment of a person to a higher position