Dear Adele,
Relative to your query is Section 13 (c), 2017 Omnibus Rules on Appointments and Other Human Resource Action (Revised 2018), which provides, thus:
c. Designation — movement that involves an imposition of additional and/or higher duties to be performed by a public official/employee which is temporary and can be terminated anytime at the pleasure of the appointing officer/authority. Designation may involve the performance of the duties of another position on a concurrent capacity or on full-time basis.
A designation in an acting capacity entails not only the exercise of the ministerial functions attached to the position but also the exercise of discretion since the person designated is deemed to be the incumbent of the position .
Officials designated as Officer-in-Charge (OIC) enjoy limited powers which are confined to functions of administration and ensuring that the office continues its usual activities. The OIC may not be deemed to possess the power to appoint employees as the same involves the exercise of discretion which is beyond the power of an OIC, unless the designation order issued by the proper appointing officer/authority expressly includes the power to issue appointment .
Designation shall be governed by the following rules:
1. Employees to be designated should hold permanent appointments to career positions.
2. Designees can only be designated to positions within the level they are currently occupying. Employees holding first level positions can not be designated to perform the duties of second level positions except in meritorious cases as determined by the CSC Regional Office upon request for exemption by the agency concerned, such as organizational set-up, calamity, and due to exigency of the service. This exception shall not apply to positions involving supervisory and executive managerial functions. Division Chiefs may be designated to perform the duties of second level executive/managerial or third level positions.
3. For positions with incumbents who temporarily can not perform the duties of the position (due to vacation or sick leave, study leave, scholarship, maternity leave, special assignments), the designation should be synchronized with the absence of the incumbent, unless earlier revoked or recalled by the appointing officer/authority. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.
4. For positions without incumbents, a designation may be made only for a maximum of one (1) year. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.
5. Designations shall be made through an office order issued by the appointing officer/authority concerned.
6. For designation to critical positions in the local government units such as Provincial/City/Municipal Government Department Head, a copy of the office order shall be furnished by the HRMOs of the LGUs to the CSC FO concerned within thirty (30) days upon its issuance. Employees designated to positions with duties involving practice of profession shall be required to possess the necessary professional license.
7. Designees cannot be granted the salaries of the positions they are being designated to. However, allowances that go with the performance of the functions such as RATA (Representation and Transportation Allowance) or EME (Extraordinary and Miscellaneous Expenses) may be granted as provided under the provisions of the General Appropriations Act (GAA) or appropriation ordinance of the respective local sanggunian; provided, the grant of the same is specifically stated in the designation order.
8. Only experience gained from designation compliant with the abovestated rules shall be credited as relevant experience for purposes of appointment.
Moreover, Republic Act No. 4156 (AN ACT CREATING THE PHILIPPINE NATIONAL RAILWAYS, PRESCRIBING ITS POWERS, FUNCTIONS AND DUTIES, AND PROVIDING FOR THE NECESSARY FUNDS FOR ITS OPERATION.), states, thus:
SEC. 6. Powers and Duties of the Board of Directors.—The Board of Directors shall have the following powers and duties:
(a) To prescribe, amend and repeal, with the approval of the Administrator of Economic Coordination, by-laws, rules and regulations governing the manner in which the general business of corporation may be exercised, including provisions for the formation of such committee, or committees as the Board of Directors may deem necessary to facilitate its business.
(b) To appoint and fix the compensation of the General Manager, subject to the approval of the President of the Philippines, and to appoint and fix the compensation of the other officers of the Corporation, with the approval of the Administrator of Economic Coordination. The Board by a majority vote of all the members, may, for cause, and with the approval of the President of the Philippines, suspend and or remove the General Manager.
(c) To approve, subject to the final action of the Administrator of Economic Coordination, the annual and/or such supplemental budgets of the Corporation which may be submitted to it by the General Manager from time to time.
We hope to have been of service to you
