Good day, Sir!
Please be informed that as a policy, the Commission does not render opinions/rulings on issues that may eventually be the subject of a complaint or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case. Nevertheless, we will cite the pertinent provision/s under the Civil Service rules and applicable jurisprudence that will best answer your query/ies.
Temporary — an appointment issued to a person who meets the education, experience and training requirements for the position to which he/she is being appointed to, except for the appropriate eligibility. A temporary appointment may only be issued in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer/authority.
However, in no case shall a temporary appointment be issued for positions that involve practice of profession regulated by bar/board law for lack of hte required license and/or certificate of registration. (Sec. 9 , Rule IV, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (2017 ORAOHRA) (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018)
Appointees to coterminous positions that are not primarily confidential in nature (Items 1 and 2) must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these coterminous appointments.
Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.
Coterminous (primarily confidential in nature) – an appointment to positions determined by law or declared by the Commission to be primarily confidential in nature, the duties and responsibilities of which imply not only confidence in the aptitude of the appointees but primarily close intimacy which insures freedom of discussion, delegation and reporting without embarassment or freedom from misgivings or betrayals of personal trust. Appointees to primarily confidential positions are exempt from the qualification requirements, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses. (Sec. 9 [d], Rule IV, 2017 ORAOHRA)
Contractual — an appointment issued to a person whose employment in the government is in accordance with a special contract to undertake local or foreign-assisted projects or a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period. This includes appointments to positions that are co-existent with the duration of a particular project based on the agency’s Staffing Pattern as approved by the DBM or the GCG. The inclusive period of the contractual appointment shall be indicated on the face of the appointment for purposes of crediting services.
Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles. (Sec. 9 [f], Rule IV, 2017 ORAOHRA)
Casual — an appointment issued only for essential and necessary services where there are not enough regular staff to meet the demands of the service and for emergency cases and intermittent period not to exceed one year.
Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles. (Sec. 9 [g], Rule IV, 2017 ORAOHRA)
We hope to have been of service to you.
Thank you.
