1. What is the extent of discretionary power of the appointing authority?
The power of appointment is essentially discretionary and the CSC cannot substitute its judgment for that of the appointing power. The only condition being that the appointee should possess the qualifications required by law.
2. Is it legal for a Mayor to issue an appointment after the national election in June 2016?
Under Item No. 1.3, CSC MC No. 10, s. 2011 (Revised Rules on Appointments Issued by Outgoing Elective and Appointive Officials), (1) All appointments issued after the election up to June 30 by outgoing elective officials shall be disapproved unless the following requisites relative to their issuance are met: (a) The appointee meets the minimum QS as required under the CSC QS Manual or special law, if any, for the position to which he/she was appointed; (b) The appointee has undergone the PSB screening prior to the election ban. In this case, the appointing authority or agency shall submit the minutes of the PSB meetings and the evaluation report of the applicants; (c) There is an urgent neet for the issuance of the appointments so as not to prejudice the public or endanger public safety; (d) Civil Service Law, rules and regulations and special laws, if any, on the issuance of appointments, are followed.
3. Whether the Commission considers the NAPOLCOM eligiblity for any appointment in the government service?
The provisions of Section 51 and 52 of RA 9136 explicitly provides that the Corporation as represented by the PSALM Board of Directors that is the appointing authority and not the PSALM President. As such, it is well within the power of the Board to delegate such authority to PSALM Vice President thorugh an Office Order.
4. Can the Commission recall the appointment of a Presidential appointee?
The Commission has no jurisdiction to recall the appointment of a presidential appointee. Section 7 B (4) of the RRACCS specifically provides that the CSC shall take cognizance of appointments involving non-presidential appointees.
5. Whether an employee with no CS eligibility but with long and dedicated service with the government be promoted to positions with salary grades 10 and above?
Appointment/promotion in the civil service can be issued only if the appointee meets all the qualification requirements of the position, which include the appropraite civil service eligibility. It bears stressing that length of service could only be considered for the purpose of determining if the appointee meets the required expereince of the position to which he/she is being appointed/promoted. State otherwise, lenght of service cannot be used to substitute the deficiency in the education, training or the eligibility requirement prescribed byt the Qualification Standards for a particular position.
5. Whether Neuropsychiatric Screening Test is a requirement for promotion and recruitment?
Section 1 (d), Rule VIII, Book V of EO 292 states that the result of neuropsychiatric examination is required for original appointment to position which involve the maintenance of peace and order and the protection of life and property.
6. Whether an employee may be promoted while on study leave?
In Aguirre vs. De Castro, the power to appoint carries with it the power to remove or to discipline. In view of the principle, the appointing authority of the members of the board of directors of a local water district is likewise empowered to discipline and remove them, unless there is a law providing otherwise.
7. How is the selection process of an appointee from among several candidates to fill-up a vacant position for promotion?
See Luego vs. CSC (G.R. No. L-69137 dated August 5, 1986) which ruled that Appointment is an essentially discretionary power and must be performed by the officer in which it is vested according to his best lights, the only condition being that the appointee should possess the qualifications required by law. If he does, then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred. This is a political question involving considerations of wisdom which only the appointing authority can decide.For further clarification please see also Español vs. CSC (G.R. No. 85479 dated March 3, 1992).
8. Issuance of Temporary Appointments
In CSC Decision No. 12-0786 dated November 19, 2012 (Oandasan, Nelia, O. et al.), citing CSC Resolution No. 12-0410 dated July 12, 2012 (CUNA, Juan Miguel T., Re: Invalidated Appointment; Lack of Experience and Eligibility), that temporary apppointments may be issued only when the lacking qualification requirement is the appropriate eligibility.
