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2. Non-Career Service – entrance on bases other than those of the usual tests.

Tenure
EXECUTIVE DEPARTMENT limited to a period specified by law or which is coterminous with the appointing
authority or the duration of a particular project.
LAW ON PUBLIC OFFICERS ex. Elective officials, Department heads and Members of Cabinet
- right, authority and duty created and conferred by law by which for a given period – Requisites:
either fixed by law or enduring at the pleasure of the appointing power an individual
is invested with some portion of the sovereign functions of the government to be - Appoint only according to merit and fitness, to be determined as far as practicable.
exercised by him for the benefit of the public. Require a competitive examination.

APPOINTMENTS: Exceptions: Positions where Appointees are Exempt from Competitive Examination
Requirements
1) Permanent Appointments – extended to a person possessing the requisite
classifications including elegibility required for the position and protected by the a) Policy determining - in which the officer lays down principal or fundamental
constitutional guarantee of security of tenurecannot be removed unless there is a guidelines or rules or formulates a method of action for government or any of its
valid/just/authorized cause and due process. subsidiaries.
Requirement for Permanent Appointments: ex: Department Secretaries create guidelines, rules and method (as alter ego of the
President)
Civil Service Eligibility by Civil Service Commission – through competitive exams:
merits & fitness. If passed, person is civil service eligible. b) Primarily Confidential – denoting not only confidence in the aptitude of the
appointee for the duties of the office but primarily close intimacy which ensures
Kinds of CSE Exams: freedom of intercourse without embarrassment or freedom from misgivings or
betrayals on confidential matters of the state (“Proximity Rule”)
- Professional
- security of tenure: loss of confidence is a ground for termination.
- Non-Professional
- determine by the nature of work: it is the nature of their work that determines the
- Career Executive Service Officer (CESO)
confidentiality.
ex: PAGCOR – GIRLS selling cigarettes where appointment contract states that it is
2) Temporary Appointments – extended to a person who does not possess the required primarily confidential: SC: ruled that it is not primarily confidential.
civil service eligibility, and no security of tenure. - Secretaries as alter ego of the President  may be removed at the pleasure of the
ex: President, however it is not called as removal but rather as “ending of term of office
at the pleasure of the President”.
- appointed passed non-prof cannot be a permanent need a new appointment
c) Highly Technical – requires possession of technical skill or training in a superior
- non-prof appointed in a permanent position even he has no professional exam
degree.
temporary appointment
- cannot be removed by loss of confidence.
ex. City Legal Officer; Employees og PAG-ASA
CLASSES OF SERVICE:
NOTE: It is the nature of the position which determines whether a position is policy
1. Career Service – entrance based on merit and fitness determined by competitive determining, primarily confidential or highly technica.
examinations, or based on highly technical qualifications, opportunity foradvancement
to higher career positions and security of tenure.
KINDS OF PRESIDENTIAL APPOINTMENTS:
- need the attestation of CSC W/N he is qualified based on the requirements set by
law. 1) Regular – one made by the President while Congress is in session after the
- attestation: ministerial duty nomination is confirmed by the Commission of Appointments, and continues until the
o XPNs: end of the term.
Budget Officer/Treasurer of City, Province or Municipality – appointed by
Sec. of Finance/ DBM from the list of Mayor Regular Appointments (NCIA)
 1.President nominates.
cannot appoint anyone if not qualified, must notify the central government 2.Commissionon Appointments confirms.
to submit a new one! 3.Commission issues appointment.
4.Appointee accepts.
2) Ad interim – one made while Congress is not in session, before confirmation by the DESIGNATION – imposition of additional duties, usually by law to a person “already in
Commission on Appointments, immediately effective and ceases to be valid if service”. no double salary, considered as ex-officio in relation to his office without
disapproved or bypassed by the Commission on Appointments. This is a permanent conflict of interest or position.
appointment and it being subject to confirmation does not alter its permanent
character, unless removed by valid cause and due process. ⦁If Pres. appoint VP to a cabinet rank, there is no need for a confirmation of Commission on
Appointments.
- Subject to revocation of the Commission of Appointments upon the next adjournment
of the Congress. ⦁VP cannot be appointed as a member of Constitutional Commission.

bypassed – need another appointment (two-bypass rule) ⦁Pres. cannot be appointed as a member of Judiciary. (violation of separation of powers)

Ad-Interim Appointments (NIAC) ⦁Acting Secretary cannot appoint a Solicitor General.


1.Presidentnominates. PROMOTION –movement from one position to another with increase in duties and
2.Commissionissuesappointment. responsibilities as authorized by law and is usually accompanied by an increase in pay.
3.Appointeeaccepts.
4.CommissiononAppointmentsconfirms. Next-in-rank Rule

Efficient. Recess appointment power keeps in continuous operation the business of government - person next in rank shall be given PREFERENCE in promotion when the position
when Congress is not in session. The individual chosen may thus qualify and perform his immediately above his is vacated. still depends on the appointing power to decide
function without loss of time. - BUT the appointing authority still exercises discretion and is not bound by this rule,
although he is required to specify the “special reason or reasons” for not appointing
Duration. The appointment shall cease to be effective upon rejection by the Commission on the officer next-in-rank.
Appointments, or if not acted upon, at the adjournment of the next session, regular or special, of
Congress. Automatic Reversion Rule:

Permanent. It takes effect immediately and can no longer be withdrawn by the President once - All appointments involved in a chain of promotions must be submitted simultaneously
the appointee has qualified into office. The fact that it is subject to confirmation by the for approval by the CSC.
Commission on Appointments does not alter its permanent character. The Constitution itself - Disapproval of the appointment of a person proposed to a higher position invalidates
makes an ad interim appointment permanent in character by making it effective until the promotion of those in the lower positions and automatically restores them to their
disapproved by the Commission on Appointments or until the next adjournment of Congress. former positions.
- However, the affected persons are entitled to payment of salaries for services actually
By-passed Appointee may be Reappointed. Commission on Appointments’ failure to confirm an rendered at a rate fixed in their promotional appointments. (Sec. 13 of the Omnibus
ad interim appointment is NOT disapproval. An ad interim appointee disapproved by the COA Rules Implementing Administrative Code)
cannot be reappointed. But a by-passed appointee, or one whose appointment was not acted o Requisites:
upon the merits by the COA, may be appointed again by the President a) series of promotions
b) all promotional appointments are simultaneously submitted to the CSC
⦁ Constitutional Commission members can only be removed by IMPEACHMENT. for approval
c) CSC disapproves the appointment of a person to a higher position.
⦁Commission – written eviden6ce of appointment
TRANSFER– movement from one position to another which is of equivalent rank, level or salary
President without break in service. may be imposed as a form of penalty

Vice-Pres. - May be imposed as an administrative remedy.


- UNCONSENTED = violates security of tenure.
Secretaries o EXCEPTIONS:
a) Temporary Appointee
 b) Career Executive Service Personnel – whose status and salaries are
based on ranks, NOT on positions.
can no longer be appointed to another position, unless allowed by the Constitution  Congress
cannot make a law allowing the said officials to perform another functions, only the Constitution DETAIL – movement of an employee from one agency to another without the issuance of an
allowed such. appointment.
 - Only for a limited period.
- Only for employees occupying professional, technical and scientific positions.
if allowed by law: Is that a new appointment? NO, it is an added responsibility (DESIGNATION)
- Temporary in nature.
⦁If members of judiciary exceed 6 mos. must have a consent of the judge PRESCRIPTION – position has already prescribed.

REASSIGNMENT – employee may be reassigned from one organizational unit to another in the CONVICTION OF A CRIME – which carries the penalties for the disqualification of the position.
SAME agency.
AGE LIMIT – usually there is a retirement benefits.
- Management prerogative of the CSC and any department or agency embraced in the
Civil Service. RETIREMENT – separation from employment by operation of law.
- Does not constitute removal without cause.
o Requirements: RECALL – by loss of confidence.
a) NO reduction in rank, status or salary. DEATH
b) Should have a definite date or duration (c.f. Detail). Otherwise, a
floating assignment = a diminution in status or rank. PERMANENT INCAPACITY
REINSTATEMENT – technically the issuance of a new appointment and is discretionary on the FAILURE TO ASSUME OFFICE WITHIN 6 MOS. – from proclamation without cause, which
part of the appointing power; no fault on his own. applies to local elective officials.
- interruption of service, but in retirement service, it will not affect.

- cannot be the subject of an application for a writ of mandamus. ⦁In Constitutional Commission, cannot appoint a temporary or acting appointment.
o Who may be reinstated to a position in the same level for which he is
qualified: ⦁Casual or Emergency Employees – may be appointed by the local government without
a) Any permanent appointee of a career service position attestation clause. valid only for 6 mos.
b) No commission of delinquency or misconduct, and is not separated.
- same effect as Executive Clemency, which completely obliterates the adverse effects of
the administrative decision which found him guilty of dishonesty. He is restored ipso
facto upon grant of such. Application for reinstatement = unnecessary. DUTIES OF PUBLIC OFFICERS:

REEMPLOYMENT – (balik-gobyerno) employees who have been appointed permanently to 1. Owes allegiance to the State or Constitution
positions in the career service and who have been separated as a result of reduction in force or 2. Accountable to the people since public office is a public trust
reorganization, shall be entered in a list from which selection from reemployment shall be made.
3. Submit Statement of Assets, Liabilities, and Net Worth (SALN)

TERMINATION FROM THE SERVICE:


Preventive Suspension:
RESIGNATION–separation from employment which is voluntary; act of giving up one’s public
office.  formal - not a penalty
- elective local official: must not exceed:
- voluntariness – element of resignation 60 days – one offense
- NO forced resignation and NO courtesy resignation 90 days – more than one
- Resignation requires acceptance by competent authority expressly or impliedly, both for a single year (365 days)
otherwise, if not accepted: HOLD-OVER - appointive local officials:
- In the absence of constitutional prohibition, public officerr is entitiled to hold the dishonesty, oppression, grave misconduct, neglect of duty
officer until the successor shall be qualified: purpose: to prevent a hiatus in the - violation of Graft and Practices act – automatic whether elective or appointive,
government maximum of 90 days.
- During the period of the hold-over, officer is considered as DE JURE OFFICER, with all ex:
the legal rights. But if the law fixes a specific term, there is an implied prohibition to ⦁ preventive suspension acquitted not entitled to backpayadminitratove
the public officer to hold-over, thus, resignation, even if accepted by a competent measure in order to prevent a person from influecing the case since public office
authority, is NOT EFFECTIVE until after appointment or election by his successor, requires public good
otherwise, it is considered as ABANDONMENT.
⦁ preventive suspension convicted (not final)appealdismissed the case
ABANDONMENT – voluntary relinquishing of one’s office. informal entitled to backpay pending appeal

⦁Both are voluntary acts.

REMOVAL – separation from employment due to a commission of an offense; removal is a


penalty.

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