Question Effect of the Enhanced Community Quarantine to Sec. 29 of ORAOHRA

Dear Sir/Madam, good day!

I would like to request for your comment/position regarding the effect of the suspension of work in the government service (due to the Enhanced Community Quarantine within the Luzon Island Group to combat the escalating number of persons infected by COVID-19) in relation to Sec. 29 of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), particularly on its second paragraph which provides the following:

"Sec. 29 xxx Should no appointment be issued within the nine-month period, the agency has to cause re-publication, and re-posting of the vacant position".

For your proper evaluation, let us assume that the date of publication of the vacant position was on July 18, 2019. The screening of applicants, the examination and interview of the qualified applicants, and the deliberation of the promotion board, among others, were already conducted. However, as of the moment there is no appointment yet issued. Reckoning the date of publication, which is July 18, 2019, to Sec. 29 of ORAOHRA would mean that the deadline of the issuance of an appointment for this vacant position, if any, would be on April 17, 2020.

Given the suspension of work in the government service as an intervening event, which can be considered as a force majeure, does the counting of the nine-month period also tolled at the time President Duterte declared the Enhanced Community Quarantine which took effect on March 17, 2020?, since the same also suspends the work in the government service. If so, does the deadline for the issuance of an appointment paper, if any, in relation to the July 18, 2019 publication be also extended?

I hope this merits your immediate feedback/response.

Maraming Salamat at Mabuhay Po Kayo!

Sincerely,
Romel

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.

However, we call your attention to Item III(1)(a) of the Interim Guidelines on Appointments and Other Human Resource Actions for the Period of State of Calamity Due to COVID-19 Pandemic (CSC Resolution No. 2000659 dated July 8, 2020) which states: " a. The nine (9)-month validity period of publication pursuant to Section 29 of the 2017 ORAOHRA, as amended, shall be extended for the period equivalent to the duration of the enhanced community quarantine(ECQ) or modified enhanced community quarantine (MECQ) imposed in the area where the agency is located, reckoned from the date of its lifting. The period covered by the ECQ/MECQ shall not be included in the counting of the nine-month validity period of publication. If the vacant position is not filled-up within the said extension, the agency has to cause its re-publication and posting pursuant to the said section."

We hope to have assisted you on this matter. Thank you.