Question Designation in Acting Capacity

Good morning,

I have been designated in acting capacity in the last 2 and half years and will end this November 2021. However, for lack of available personnel, our RD wants to re-designate me again to the same position after my third year, with our RD acting in a concurrent capacity in the meantime.

My question is, how long should be the gap be between the end of my third year and my re-designation in the same acting capacity or what is the allowed shortest gap? Is three months allowed? This period will also be used as the period that our RD will act in a concurrent capacity.

Thank you.

Relative to your query is Section 13 (c), Rule IV, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018)

Designation shall be governed by the following rules:

"Employees to be designated should hold permanent appointments to career positions.

"Designees can only be designated to positions within the level they are currently occupying. Employees holding first level positions can not be designated to perform the duties of second level positions except in meritorious cases as determined by the CSC Regional Office upon request for exemption by the agency concerned, such as organizational set-up, calamity, and due to exigency of the service. This exception shall not apply to positions involving supervisory and executive managerial functions. Division Chiefs may be designated to perform the duties of second level executive/managerial or third level positions.

"For positions with incumbents who temporarily can not perform the duties of the position (due to vacation or sick leave, study leave, scholarship, maternity leave, special assignments), the designation should be synchronized with the absence of the incumbent, unless earlier revoked or recalled by the appointing officer/authority. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.

"For positions without incumbents, a designation may be made only for a maximum of one (1) year. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.

"Designations shall be made through an office order issued by the appointing officer/authority concerned.

"For designation to critical positions in the local government units such as Provincial/City/Municipal Government Department Head, a copy of the office order shall be furnished by the HRMOs of the LGUs to the CSC FO concerned within thirty (30) days upon its issuance. Employees designated to positions with duties involving practice of profession shall be required to possess the necessary professional license."

"Designees cannot be granted the salaries of the positions they are being designated to. However, allowances that go with the performance of the functions such as RATA (Representation and Transportation Allowance) or EME (Extraordinary and Miscellaneous Expenses) may be granted as provided under the provisions of the General Appropriations Act (GAA) or appropriation ordinance of the respective local sanggunian; provided, the grant of the same is specifically stated in the designation order.

"Only experience gained from designation compliant with the abovestated rules shall be credited as relevant experience for purposes of appointment."


The foregoing rules states that designation to a particular position should not exceed two (2) years. Moreover, there is no provision on gap in-between designations to the same position.

We hope to have of service to you.

I found the discussion here very relevant, interesting and enlightening.

What is the legal implication if the designation had already exceeded the 2-year limit?

Does it mean that he or she could no longer be designated to the position?

Does it mean that any designation made beyond two (2) years will be deemed invalid?

Thank you for your prompt and informative answer.

Good day!

As provided under Section 13(c) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), As Amended (2019 Edition) only experience gained from designation compliant with the rules shall be credited as relevant experience for purposes of appointment. As to whether it would have other legal implications, the rules do not specifically provide for such.

We hope to have enlightened you on the matter. Thank you.

First of all, thank you for the clarification.

Additional question is, instead of designating me in acting capacity, the designation will now be as an OIC. Is this still covered by the limitation on designation considering that being an OIC is different from being an Acting RD? The authority of an OIC is only limited and not similar to that of an Acting RD.

Thank you for your usual prompt reply.