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, it should be noted that in order for an applicant to be issued permanent appointment to a position, he/she should meet the education, experience, training and eligibility requirements of the position being applied for. He/she may also be issued a temporary appointment, if he/she possesses the education, experience and training requirements of the position, except the eligibility requirement.
Relevant to your query are the following provisions of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA):
Sec. 9. Employment Status. The employment status in the civil service shall be determined by the appointment issued, which can be any of the following:
a. Permanent — an appointment issued to a person who meets all the qualification requirements of the position to which he/she is being appointed to, including the appropriate eligibility, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof.
b. 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. The appointment shall not exceed twelve months, reckoned from the date it was issued but the appointee may be replaced sooner if a qualified eligible who is willing to accept the appointment becomes actually available.
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 the required license and/or certificate of registration.
A temporary appointment issued to a person who does not meet any of the education, training or experience requirements for the position shall be disapproved/invalidated except to positions that are hard to fill, or other meritorious cases as may be determined by the Commission, or as provided by special law, such as Medical Officer/Specialist positions, Special Science Teacher , Faculty positions and Police Officer positions. Except for these positions, temporary appointments may only be renewed once.
A temporary appointment to a position which involves practice of profession may be issued to a person who lacks the required experience or training but only in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer/authority.
When there are no available qualified faculty in the region, place or locality, as certified by the appointing officer/authority, temporary appointments may be issued until the required Master’s degree is met/complied with.
The renewal of temporary appointment shall be limited to five (5) times only reckoned from the effectivity of CSC Memorandum Circular No. 25, s. 2017.
A temporary appointment issued to a person who meets all the requirements of the position shall be disapproved/invalidated.
We hope to have assisted you on this matter. Thank you.
