Question ISSUANCE

Good day and thank you for continued enlightenment!

Is there a prescribed period to issue appointment? The deliberation was conducted on August 30, 2017. Up to this writing, no appointment was issued to all casual and permanent appointee. Please note that there is one casual position which the resulted from said deliberation is in question by other applicants. Formal complaint is neither filed. I understand that casual appointments always end every 31st December.

1. Is there a possibility that an appointment be issued anytime this year considering that it is almost year end already?
2. The positions of those promoted or vacated due to promotion as a result of above deliberation were already advertised. Is it legal to advertise and deliberate those positions when the appointment for promotion is not yet issued?

Dear MJ.

Good day!
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may 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 issues which are not fully represented or substantiated as in this case.

Nevertheless, as to your first query (Is there a possibility that an appointment be issued anytime this year considering that it is almost year end already?)

The Answer would be yes, however, it must be in accordance with Section 17, Rule VI (Effectivity and submission of appointments) ORAOHRA which reads, as follows:

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“Sec. 17. An appointment issued in accordance with pertinent laws and rules shall take effect immediately on the date it was signed by the appointing officer/authority. The date of signing shall be indicated below the signature of the appointing officer/authority in the appointment form.

“The date of the appointment shall not fall on a Saturday, Sunday or holiday, except in cases where the date of issuance is specifically provided in a special law such as in the appointment of personal and confidential staff of Constitutional officials and elective officials and where the service should not constitute a gap such as in transfer and reappointment.”

As to your second query (the positions of those promoted or vacated due to promotion as a result of above deliberation were already advertised. Is it legal to advertise and deliberate those positions when the appointment for promotion is not yet issued?), relevant is Section 29, Rule VII (Publication and Posting of Vacant Positions) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA) which reads, as follows:

“Sec. 29. The publication of a particular vacant position shall be valid until filled but not to extend beyond nine (9) months reckoned from the date the vacant position was published.

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

The foregoing provision also answers your query on prescription period in the issuance of appointment.

We hope to have enlightened you on the matter.