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Question next-in-rank position

  • lito
  • lito's Avatar Topic Author
5 years 9 months ago #1397 by lito
lito created the topic: next-in-rank position
The only staff of the College Registrar is an Administrative Aide salary grade 4 consistent with the approved organization set-up of the college. Could it be considered this staff as the next-in-rank position to the Registrar granting that this person meets the minimum qualification requirements and competence of the position insofar as applicability of rule on promotion is concern?

please provide me the necessary information regarding the applicability of the rule of next-in-rank promotion. Thank you!

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5 years 9 months ago #1418 by Action Officer 5
Action Officer 5 replied the topic: next-in-rank position
Dear Mr. Lito:

Reference must be made to the agency's System of Ranking Position (SRP) and Merit Selection Plan (MSP) to determine whether a particular position is next in rank to another position in the said agency.

With regard to promotion, the Supreme Court in the case of Santiago vs. CSC (G.R. No. 81467, October 27, 1989) stated that:

“We need only recall our previous ruling in Taduran vs. Civil Service Commission (L-52051, 31 July 1984, 131 SCRA 66) stating that there is "no mandatory nor peremptory requirement in the (Civil Service Law) that persons next-in-rank are entitled to preference in appointment. What it does provide is that they would be among the first to be considered for the vacancy, if qualified, and if the vacancy is not filled by promotion, the same shall be filled by transfer or other modes of appointment."

“One who is next-in-rank is entitled to preferential consideration for promotion to the higher vacancy but it does not necessarily follow that he and no one else can be appointed. The rule neither grants a vested right to the holder nor imposes a ministerial duty on the appointing authority to promote such person to the next higher position.

x x x

“The power to appoint is a matter of discretion. The appointing power has a wide latitude of choice as to who is best qualified for the position (Ocampo vs. Subido, L-28344, August 27, 1976, 72 SCRA 443). To apply the next-in-rank rule peremptorily would impose a rigid formula on the appointing power contrary to the policy of the law that among those qualified and eligible, the appointing authority is granted discretion and prerogative of choice of the one he deems fit for appointment (Pineda vs. Claudio, L- 29661 May 13, 1969, 28 SCRA 34).”

We hope that we have enlightened you on this matter.

Action Officer 31

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