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Question Selecting Applicant not included in the top 5

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wela_bub123
Topic Author

3 years 7 months ago #8284 by wela_bub123

wela_bub123 created the topic: Selecting Applicant not included in the top 5

Good day! I would like to inquire whether the appointing authority can select applicants outside the top 5? Can the appointments be disapproved due to this? what is the limitation for the wide latitude discretion of the appointing authority?
Thank you very much.

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Action Officer 23
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3 years 7 months ago #8299 by Action Officer 23

Action Officer 23 replied the topic: Selecting Applicant not included in the top 5

Good Day!

Section 86, Rule VIII, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018) specifically provides: The appointing officer/authority shall be guided by the report of the HRMPSB’s assessment of candidates and in the exercise of sound discretion, select, insofar as practicable, from among the top five (5) candidates or less, deemed most qualified for appointment to the vacant position, depending on the number of candidates.”

Appointment is an essentially discretionary power and must be performed by the officer in which it is vested according to his best lights, the only condition being that the appointee should possess the qualifications required by law.[/b][/u] If he does, then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred. This is a political question involving considerations of wisdom which only the appointing authority can decide.

Very truly yours,

Office for Legal Affairs, CSC

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