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Question Selection of Qualified Candidates to the Vacant Position in the Government

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2 years 11 months ago - 2 years 11 months ago #8345 by Anonymous
Anonymous created the topic: Selection of Qualified Candidates to the Vacant Position in the Government
Good day CSC!

Sec. 86 of the Omnibus Rules on Appointment and Other Human Resource Actions, as Amended states as follows:
"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."

What if there are two vacant positions, Is the Appointing Officer can select from among the top ten (10 ) qualified candidates listed in the comparative assessment to fill-in the two vacant positions?if yes, may i know the legal basis?

Thank you so much.
Last Edit: 2 years 11 months ago by Anonymous.

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2 years 11 months ago #8351 by Action Officer
Action Officer replied the topic: Selection of Qualified Candidates to the Vacant Position in the Government
Good day!

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issue which are not fully represented or substantiated as in this case.

Be as it may, “the head of an agency who is the appointing power is the one most knowledgeable to decide who can best perform the functions of the office. Appointment is an essentially discretionary power and must be performed by the officer vested with such power according to his best lights, the only condition being that the appointee should possess the qualifications required by law. If he does, then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred. Indeed, this is a prerogative of the appointing authority which he alone can decide. The choice of appointee from among those who possess the required qualifications is a political and administrative decision calling for considerations of wisdom, convenience, utility and the interests of the service which can best be made by the head of the office concerned, the person most familiar with the organizational structure and environmental circumstances within which the appointee must function.” (G.R. No. 112045 May 29, 1995, Danilo F.C. Rimonte vs. Civil Service Commission, Office of the Ombudsman and Henrietta F. Roque)

We hope to have enlightened you on the matter.

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2 years 11 months ago #8355 by Anonymous
Anonymous replied the topic: Selection of Qualified Candidates to the Vacant Position in the Government
Thank you so much ma'am/sir for your response.

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