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Question APPOINTMENT

  • Rowena P. Bugarin
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2 years 1 month ago #10106 by Rowena P. Bugarin
Rowena P. Bugarin created the topic: APPOINTMENT
Good Day po,
Ask ko lang po, ano po kaya ang magandang gawin sa ganitong case po.
Nagpublish po last March 2021, and then nadeliberate po ang position ng October 13, 2021.
And then hindi pa po agad nakapagdecide ang board if sino ang iaappoint since dalawa po silang applicant and both qualified to the position.
And then nagkaron lang po ng decision this march 2022. Hindi po namin siya nirepublish since nadeliberate na nga po at decision na lang ang hinihintay.
Question: Maapprove pa po ba yung appointment? Kung hindi naman po anong pwedeng gawing para po maiapprove po sya since mageelection ban na po.

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2 years 1 month ago #10110 by Action Officer
Action Officer replied the topic: APPOINTMENT
Under Section 29 of the 2017 Omnibus Rules on Appointments and Other Human Resource Action (2017 ORAOHRA) (Revised 2018), it is provided that:

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 publication requirement is provided under Republic Act No. 7041 or the Publication Law, Section 3 of which provides:

SEC. 3. Publication of Vacancies.—The Chairman and members of the Civil Service Commission shall publish once every quarter a complete list of all the existing vacant positions in the Government throughout the country, including the qualification standards required for each position and, thereafter, certify under oath to the completion of publication. Copies of such publication shall be sold at cost to the public and distributed free of charge to the various personnel offices of the government where they shall be available for inspection by the public: Provided, That said publication shall be posted by the Chief Personnel or Administrative Officer of all local government units in at least three (3) public and conspicuous places in their respective municipalities and provinces: Provided, further, That any vacant position published therein shall be open to any qualified person who does not necessarily belong to the same office with the vacancy or who occupies a position next-in-rank to the vacancy: Provided, finally, That the Civil Service Commission shall not act on any appointment to fill up a vacant position unless the same has been reported to and published by the Commission.

Further, under Section 107 of the 2017 ORAOHRA (Revised 2018), it is provided that:

Sec. 107. An appointment shall be disapproved/invalidated on the following grounds:

x x x

f. The appointment has been issued in violation of existing Civil Service Law, rules and regulations, the Board/Bar, Local Government Code of 1991 (RA No. 7160), Publication Law (RA No. 7041), the Omnibus Election Code (BP Blg. 881, as amended) and other pertinent laws.
The following user(s) said Thank You: Rowena P. Bugarin

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2 years 1 month ago #10142 by Rowena P. Bugarin
Rowena P. Bugarin replied the topic: APPOINTMENT
Is there any remedy po or need of appeal po? Since nadeliberate na naman po siya. Thanks for the response.

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