Question QUALIFICATION

With regard to your query, let it be stressed that appointments in government service is subject to Civil Service law and rules. Appointment is an essentially discretionary power on the part of the appointing authority and must be performed by him according to his best lights, the only condition being that the appointee should possess the minimum qualifications required by law.

Further, Section Rule IX of the Omnibus Rules on Appointments and Other Human Resource Actions, provides as follows:

Sec. 84. Each agency may constitute two (2) Human Resource Merit Promotion and Selection Boards (HRMPSB) - one for the first and second level positions and another for second level executive/managerial positions.

An agency may establish special HRMPSB for specialized and highly technical positions or different sets of HRMPSB for its own purposes, but the same should be provided in the Agency Merit Selection Plan to be submitted to the CSC Regional Office concerned for approval.

Sec. 85. The HRMPSB shall serve as the recommending body for appointment. However, final decision on whom to appoint shall be with the appointing officer/authority.

The HRMPSB shall be primarily responsible for the judicious and objective selection of candidates for appointment in the agency in accordance with the approved Agency MSP and shall recommend to the appointing officer/authority the top five (5) ranking candidates deemed most qualified for appointment to the vacant position.

Sec. 86. The appointing officer/authority shall assess the merits of the HRMPSB's recommendation for appointment and in the exercise of sound discretion, select from among the top five ranking applicants deemed most qualified for appointment to the vacant position.

Sec. 87. The appointing officer/authority may appoint an applicant who is ranked higher than those next-in-rank to the vacant position based on the assessment of qualifications/competence evidenced by the comparative ranking.

We hope we have enlightened you on the matter.

Hi,

Thank you so much for the quick response which enlightens us. In relation to above topic, may I ask the following questions regarding Casual Appointment?


1.) When is the effectivity of the Omnibus Rules on Appointments and Other Human Resource Actions because it seems that this rule was not followed by one government office which conducted a deliberation one August 30, 2017? Will it be implemented as well when hiring Casual positions?
2.) Are the top 5 qualified candidates determined based on their qualifications, e.i., total number of years of relevant experience, number of hours relevant training, units earned in related course, designation of other duties and responsibilities through an office order? or they are simply the choice of a manager?
3) How is the Omnibus Rule on Appointment safeguard hiring based on personal whim or political favor?

More power!

Good day! In response to your queries, please see below:

1.) The Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA) was published on August 2, 2017, hence, its provisions took effect last August 18, 2017 (15 days after the publication). Yes, the same rules will apply in the recruitment and selection of casual appointments.

2.) The appointments made in the Civil Service are mandated to be according to merit and fitness (Section 1, Rule 1, ORAOHRA). Also, the rules provide for qualification standards which are the minimum and basic requirements for positions in the government in terms of education, training, experience, Civil Service eligibility, physical fitness and other qualities required for successful performance of the duties of the position. These shall serve as the basic guide in the selection of the employees and in the evaluation of appointments to all positions in the government. (Section 31, Rule VIII, ORAOHRA). Finally, The Human Resource Merit Promotion and Selection Board shall be primarily responsible for the judicious and objective selection of candidates for appointment in the agency in accordance with the approved Agency MSP and shall recommend to the appointing officer/authority the top five (5) ranking candidates deemed most qualified for appointment to the vacant position (Section 85, Rule IC, ORAOHRA).

3) The ORAOHRA as well as Executive Order No. 292 (Administrative Code of 1987) safeguards the hiring of employees by providing specific procedure regarding the recruitment and selection process. However, please note that there are specific positions, such as those in the non-career, where appointments therein are wholly or partially within the discretion of the appointing authority.

We hope to have enlightened you on this matter.

what if the appointing authority only favors to one side,meaning favoritism . Can the applicant complaint to your office, and reverse the decision ?

All the qualified applicants should be considered and ranked according to their qualifications vis-a-vis the qualification standards of the position by the agency's Human Resource Merit Promotion and Selection Board (HRMPSB) for the vacant position. Please see Rule IX of the 2017 Omnibus Rules on Appointments and other Human Resource Actions (ORAOHRA) found in the CSC Website under 'ISSUANCES' - 'PUBLISHED RESOLUTIONS'. Thanks.

In addition, the appointing authority has the discretion on who to appoint as long as the appointee meets the minimum qualifications required for the vacant position. If this happens, even if you think the appointee is biased, there is no basis for you to complain.