CIVIL SERVICE COMMISSION: TEST FOR DETERMINING WHETHER A GOCC IS SUBJECT TO CIVIL SERVICE LAW: THE TEST IS THE

MANNER OF CREATION.. CORPS CREATED BY SPECIAL CHARTER ARE SUBJECT TO THE CIVIL SERVICE, WHEREAS CORPS INCORPORATED UNDER THE CORPORATION LAW ARE NOT. GOCC WITH ORIGINAL CHARTER- MEANS CORPORATIONS CREATED BY SPECIAL LAW AND NOT UNDER THE CORPORATION CODE OF THE PHIL. COMPETITIVE VS NON-COMPETITIVE POSITIONS: APPOINTMENT TO A COMPETITIVE POSITION MUST BE MADE ACCORDING TO MERIT AND FITNESS AS DETERMINED, AS FAR AS PRACTICABLE, BY COMPETITIVE EXAMINATION. APPOINTMENT TO NON-COMPETITIVE POSITIONS ARE NOT DETERMINED BY COMPETITIVE EXAMINATIONS. IS THE APPOINTING AUTHORITY BOUND BY THE RESTRICTIONS OF A STATUTORY NEXT-IN-RANK RULE? A: NO. ONE WHO IS NEXT IN RANK IS ENTITLED TO PREFERENTIAL CONSIDERATION FOR PROMOTION TO THE HIGHER VACANCY, BUT IT DOES NOT NECESSARILY FOLLOW THAT HE AND NO ONE ELSE CAN BE APPOINTED.. THE RULE NEITHER GUARANTEES A VESTED RIGHT TO THE HOLDER NOR IMPOSES A MINISTERIAL DUTY ON THE APPOINTING AUTHORITY TO PROMOTE SUCH PERSON TO THE NEXT HIGHER POSITION.. THE POWER TO APPOINT IS A MATTER OF DISCRETION. NON- COMPETITIVE POSITIONS- ARE THOSE BY THEIR NATURE ARE: A. POLICY DETERMINING- IS ONE CHARGED WITH THE DUTY TO FORMULATE A METHOD OF ACTION FOR THE GOVT OR ANY OF ITS SUBDIVISIONS. B. PRIMARILY CONFIDENTIAL- IT DENOTES NOT ONLY CONFIDENCE IN THE APTITUDE OF THE APPOINTEE FOR THE DUTIES OF THE OFFICE BUT PRIMARILY CLOSE INTIMACY WHICH INSURES FREEDOM OF INTERCOURSE WITHOUT EMBARRASSMENT OR FREEDOM FROM MISGIVINGS OR BETRAYALS OF PERSONAL TRUST ON CONFIDENTIAL MATTERS OF STATE. TWO INSTANCES:

1. WHEN THE PRESIDENT, UPON RECOMMENDATION OF THE CSC HAS DECLARED THE POSITION TO BE PRIMARILY CONFIDENTIAL !. WHEN THE POSITION, BY ITS NATURE, IS PRIMARILY CONFIDENTIAL. C. HIGHLY TECHNICAL POSITION- A POSITION IS HIGHLY TECHNICAL IF THE OCCUPANT IS RE"UIRED TO POSSESS A TECHNICAL SKILL OR TRAINING IN THE SUPERIOR DEGREE. TWO CLASSES OF POSITIONS: 1. CAREER SERVICE- IS CHARACTERI#ED BY $1% ENTRANCE BASED ON MERIT AND FITNESS TO BE DETERMINED AS FAR AS PRACTICABLE BY COMPETITIVE EXAMINATIONS, OR BASED ON HIGHLY TECHNICAL "UALIFICATIONS $!% SECURITY OF TENURE $&% OPPORTUNITY FOR ADVANCEMENT TO HIGHER CAREER POSITIONS. !. NON-CAREER SERVICE- IS CHARACTERI#ED BY $1% ENTRANCE ON BASES OTHER THAN THOSE OF THE USUAL TESTS OF MERIT AND FITNESS UTILI#ED FOR THE CAREER SERVICE $!% TENURE WHICH IS LIMITED TO A PERIOD SPECIFIED BY LAW, OR WHICH IS CO-TERMINOUS WITH THAT OF THE APPOINTING AUTHORITY OR SUBJECT TO HIS PLEASURE, OR WHICH IS LIMITED TO THE DURATION OF A PARTICULAR PROJECT FOR WHICH PURPOSE EMPLOYMENT WAS MADE. PURPOSE OF CIVIL SERVICE SYSTEM: TO ESTABLISH AND PROMOTE PROFESSIONALISM AND EFFICIENCY IN PUBLIC SERVICE. APPOINTMENT OF LAMEDUCKS$SEC ' ART IX%- ITS PURPOSE IS THE REMOVAL OF THE ((SPOILS SYSTEM((. ADDITIONAL COMPENSATION- THERE IS ADDITIONAL COMPENSATION WHEN FOR ONE AND THE SAME OFFICE FOR WHICH A COMPENSATION HAS BEEN FIXED THERE IS ADDED TO SUCH FIXED COMPENSATION AN EXTRA REWARD IN THE FORM, FOR INSTANCE, OF A BONUS. DOUBLE COMPENSATION - REFERS TO TWO SETS OF COMPENSATION FOR TWO DIFFERENT OFFICES HELD CONCURRENTLY BY ONE OFFICER. END