II. (Updated) Public Personnel Administration.pptx

Governance

1. Topic 3: Personnel Policies, Standards and Principles

2. Career and Employee Development Section 25.   Career and Employee Development.  The development and maintenance of a high level of employee performance is a primary concern of the Government. It shall be the policy of the government that a continuing program of employee training, supervisory, career and executive development be established under the leadership of the Civil Service Commission for all government personnel at all levels. Each department, bureau, office or agency shall have an appropriate training staff and shall establish its own in-service training program in accordance with standards laid down by the Commission. The Commission may request technical assistance from the Budget Commission, the Institute of Public Administration and other professional and technical organizations in connection with the promotion of government training programs.

3. Position Classification and Pay. Section 22.   Position Classification and Pay.  It is hereby declared to be the policy of the Government to provide equal pay for equal work and to base differences in pay upon differences in duties, responsibilities, and qualifications requirements of the work. Due regard shall be given to appropriate increases in pay for seniority, longevity, efficiency of service and the just demands of a family living wage.

4. Recruitment and Selection of Employees "Sec. 23. Recruitment and Selection of Employees. Opportunity for government employment shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to enter the service. "Employees shall be selected on the basis of fitness, determined by the appointing authority, to perform the duties and assume the responsibilities of the positions whether in the competitive or in the non-competitive service, as well as on the basis of merit as provided in this Act.

5. "Qualification in an appropriate examination shall be required or appointment to positions in the competitive service in accordance with the Civil Service rules, except as otherwise provided in this Act:  Provided,  That all those who successfully pass the examination shall be equally qualified for such appointment:  Provided, further , That whenever there is a civil service eligible actually available for appointment, no person who is not such an eligible shall be appointed even in a temporary capacity to any vacant position in the competitive service in the government or in any government-owned or controlled corporation , except when the immediate filling of the vacancy is urgently required in the public interest, or when the vacancy is not permanent, in which cases temporary appointments of non- eligibles may be made in the absence of eligibles actually and immediately available

6. Employee-Relations and Services (a)  Employee-Employer Relations.  Every head of department, bureau, office or agency shall take all proper steps toward the creation of an atmosphere conductive to good employee-supervisor relations and the improvement of employee morale. For this purpose, the head of each department, bureau, office or agency shall make provisions for employees' health, welfare, counseling, recreation, and similar services.

7. (b)  Complaints and Grievances.  Employees shall have the right to present their complaints and/or grievances to the management and have them adjudicated as expeditiously as possible in the best interest of the agency, the Government as a whole and the employee concerned. Such complaints and/or grievances shall be resolved at the lowest possible echelon in the department, bureau, office or agency, as the case may be, and the employee shall have the right to appeal such decision to higher authorities. Each department bureau, office or agency shall promulgate rules and regulations governing expeditious, fair and equitable adjustment of employees' complaints and/or grievances in accordance with the policies enunciated in this Act.

8. (c)  Limitation on the Right to Strike.  The terms and conditions of employment in the Government, including any political subdivision or instrumentality thereof, are governed by law and it is declared to be the policy of the Government that the employees therein shall not strike for the purpose of securing changes in their terms and conditions of employment. Such employees, however, may belong to any labor organization which does not impose the obligation to strike or to join strikes:  Provided , That, this section shall apply only to employees employed in governmental functions and not to those employed in proprietary functions of the Government including, but not limited to, governmental corporations.

9. Performance Rating System Section 26.   Performance Rating System.  There shall be established a performance rating system, which shall be administered in accordance with rules, regulations and standards established by the Civil Service Commission for all officers and employees in both the competitive and non-competitive service. Such performance rating system shall be administered in such manner as to continually foster the improvement of individual employee efficiency. Each department, bureau, office, or agency may, after consultation with and approval by the Commission establish and use one or more performance rating plans appropriate to the various groups of positions in the department, bureau, office or agency concerned. No performance rating shall be given or used as a basis for any personnel action except under a performance rating plan and on the forms and in accordance with standards and procedures approved by the Commission:  Provided , That each employee shall be informed periodically by his supervisor about his efficiency rating.

10. Employee Suggestions and Incentive Award System Section 27.   Employee Suggestions and Incentive Award System.  There shall be established by the Civil Service Commission a government-wide "Employee Suggestions and Incentive Award System" which shall be administered under such rules, regulations and standards as may be promulgated by the Commission. The Commission shall report annually the results of the program together with recommendations to the President and to Congress.

11. In accordance with rules, regulations and standards to be promulgated by the Commission, the President of the Philippines or the Head of each Department is authorized to pay cash awards and to incur whatever necessary expenses are involved in the honorary recognition of subordinate officers and employees of the Government who by their suggestions, inventions, superior accomplishments and other personal efforts contribute to the efficiency, economy or other improvement of the Government operations, or who perform such extraordinary acts or services in the public interest in connection with or related to their official employment.

12. IV. PERSONNEL ACTIONS

13. 1. APPOINTMENT 1. Permanent status. A permanent appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed , in accordance with the provisions of law, rules and standards promulgated in pursuance thereof. A permanent appointment is extended to a person possessing the requisite qualifications, including the eligibility required, for the position, and thus protected by the constitutional guaranty of security of tenure.

14. 2. Temporary appointment. In the absence of appropriate eligibles and it becomes necessary in the public interest to ϐill a vacancy, a temporary appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility: Provided, That such temporary appointment shall not exceed twelve months, but the appointee may be replaced sooner if a qualiϐied civil service eligible becomes available.

15. Nature of Temporary Appointments: A temporary appointment is an acting appointment; it is extended to one who may not possess the requisite qualifications or eligibility required by law for the position, and is revocable at will, without the necessity of just cause or a valid investigation . An “acting” appointment is a temporary appointment and revocable in character [ Marohombsar v. Alonto , 194 SCRA 391 ]. Acquisition of the appropriate civil service eligibility by a temporary appointee will not ipso facto convert the temporary appointment into a permanent one; a new appointment is necessary.

16. Prov of Camarines Sur v. CA WON Dato was a permanent employee of petitioner Province of Camarines Sur at the time he was suspended on March 16, 1976. NO. Dato does not dispute the fact that at the time he was appointed Assistant Provincial Warden, he had not yet qualiϐied in an appropriate examination for the aforementioned position. Such lack of a civil service eligibility made his appointment temporary and without a ϐixed and deϐinite term and is dependent entirely upon the pleasure of the appointing power. The fact that Dato obtained civil service eligibility later on is of no moment as his having passed the supervising security guard examination, did not ipso facto convert his temporary appointment into a permanent one . In cases such as the one at bench, what is required is a new appointment since a permanent appointment is not a continuation of the temporary appointment — these are two distinct acts of the appointing authority.

17. Nature of Acting Appointments A bona fide appointment in an acting capacity is essentially temporary and revocable in character and the holder of such appointment may be removed anytime even without hearing or cause. A person who accepts an appointment in an acting capacity extended and received without any protest or reservation and who acts thereunder for a considerable time cannot later be heard to say that the appointment was, in reality, permanent and therefore there can be no removal except for cause.

18. The essence of an acting appointment is its temporary nature. It is a stop gap measure intended to fill an office for a limited time until a permanent appointment is extended or a new appointee is chosen. (Austria v. Amante ,  supra ; Castro v. Solidum,  supra ; and Valer v. Briones,  supra ) The nature of an acting appointment limits not only the claims of the appointee to a lengthy tenure but also defines the authority of the appointing power. A public officer appointed in an acting capacity cannot claim that the appointment shall in time ripen into a permanent one.

19. Ad-Interim Appointments An  ad interim  appointment is one made during the time when the appointing or confirming body is not in session and there is an existing clear and present urgency caused by an impending obstruction or paralyzation of the functions assigned to the office if no immediate appointment is made. (Rodriguez, Jr. v. Quirino , 9 SCRA 284 [1963])

20. Confidential and Contractual Where a person holds his position at the pleasure of a superior or subject to some supervening event, his separation from ofϐice is not a removal . It is effected by the will of the superior or by the happening of the contingency, resulting in another and different mode of terminating ofϐicial relations known as expiration of the term . An "acting" appointment is merely temporary, one which is good only until another appointment is made to take its place

21. Pacete vs Chairman, Commission on Audit, 185 SCRA 1 It is to be understood of course that officials and employees holding primarily confidential positions continue only for so long as confidence in them endures. The termination of their official relation can be justified on the ground of loss of confidence because in that case their cessation from office involved no removal but merely the expiration of the term of office — two different causes for the termination of official relations recognized in the law of Public Officers.

22. Title IV. Topic 2: Rules on Appointment

23. Effectivity of Appointments (Sec,24(d), CSA) "(d) Effectivity of appointments. Appointments shall not require previous approval by the Commission on Civil Service for their effectivity, without prejudice to the authority of the Commission on Civil Service to disapprove the same under section sixteen, paragraph (h).

24. Limitations on Employment of Persons in the Non-Competitive Service (Sec.24(f), CSA) "(f) Limitation on Employment of Persons in the Non-Competitive Service. No person appointed to a position in the non-competitive service shall perform the duties properly belonging to any position in the competitive service.

25. Limitation on Appointment in the Civil Service (Sec.24(h) CSA) "(h) Limitation on appointment in the Civil Service. No person shall be appointed to nor hold two or more full-time position in the government including the government-owned or controlled corporations or offices whether in a temporary or permanent capacity or with or without salary, emoluments and/or allowances:  Provided,  That this prohibition shall not apply to a person who holds a position or positions in an ex-officio capacity or in consequence of an express provision of law.

26. SKIP TITLE IV: Topic 3

27. TITLE V: OTHER PERSONNEL ACTIONS

28. REASSIGNMENT An appointment may be defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. When completed, usually with its confirmation, the appointment results in security of tenure for the person chosen unless he is replaceable at pleasure because of the nature of his office. On the other hand, a reassignment is merely a movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment. In the same vein, a designation connotes merely the imposition of additional duties on an incumbent official.

29. TRANSFER The legal concept of transfer differs from reassignment. Most notably, a transfer involves the issuance of another appointment, while a reassignment does not. A transfer is a movement from one position to another which is of equivalent rank, level, or salary without break in service involving the issuance of an appointment.

30. Designation Designation is simply the mere imposition of new or additional duties on the ofϐicer or employee to be performed by him in a special manner. It does not entail payment of additional beneϐits or grant upon the person so designated the right to claim the salary attached to the position.

31. Promotion and Demotion Promotion is the advancement of an employee from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. In promotions , the appointing authority must automatically consider the employees next in rank as candidates for appointment. Employees next in rank are those who occupy the next lower positions in the occupational group under which the vacant position is classiϐied , and in other functionally related occupational groups and who are competent, qualiϐied and with the appropriate civil service eligibility.

32. The next-in-rank rule is a rule of preference on who to consider for promotion . The rule does not give employees next in rank a vested right to the position next higher to theirs should that position become vacant. Appointment is a discretionary power of the appointing authority. So long as the appointee possesses the qualiϐications required by law, the appointment is valid. To successfully protest the issuance of an appointment, the employee next in rank must prove his or her status as a qualiϐied next-in-rank; otherwise, the protest shall be dismissed.

33. Are Persons Next-in-Rank entitled to Preference? Supreme Court ϐind no mandatory nor peremptory requirement in the foregoing provision that persons next-in-rank are entitled to preference in appointment. What it does provide is that they would be among the ϐirst to be considered for the vacancy if qualiϐied , and if the vacancy is not ϐilled by promotion, the same shall be ϐilled by transfer or other modes of appointment.

34. Osea v. Malaya The designation of respondent as Schools Division Superintendent of Camarines Sur was not a case of appointment. Her designation partook of the nature of a reassignment from Iriga City, where she previously exercised her functions as Ofϐicer -in-Charge-Schools Division Superintendent, to Camarines Sur. Clearly, therefore, the requirement in Section 99 of the LGC of 1991 of prior consultation with the local school board, does not apply. It only refers to appointments made by DECS. Such is the plain meaning of the said law

35. Petitioner asserts a vested right to the position of Schools Division Superintendent of Camarines Sur, citing her endorsement by the Provincial School Board. Her qualiϐication to the ofϐice , however, lacks one essential ingredient, i.e., her appointment thereto. While she was recommended by Secretary Gloria to President Ramos for appointment to the position of Schools Division Superintendent of Camarines Sur, the recommendation was not acted upon by the President.

36. Yangson v. DepEd 2019 Leonen , J Reassignments differ from transfers, and public employees with appointments that are not station- speciϐic may be reassigned to another station in the exigency of public service.

37. An appointment is station- speciϐic if the employee's appointment paper speciϐically indicates on its face the particular ofϐice or station the position is located. Moreover, the station should already be speciϐied in the position title, even if the place of assignment is not indicated on the face of the appointment. Here, respondent alleges that petitioner was appointed as "Principal III of the Division of Surigao del Norte."

38. Evidently, petitioner's appointment is not solely for Surigao National or for any speciϐic school. There is no particular ofϐice or station speciϐically indicated on the face of her appointment paper. Neither does her position title speciϐically indicate her station. Moreover, Section 6 of the Magna Carta for Public School Teachers does not apply here. It applies to transfers, not reassignments. Petitioner's movement from Surigao National to Toledo Memorial was a reassignment , not a transfer.

39. TITLE IV: TOPIC 3: Rights of Public Office

40. Right to Office The just and legal claim to exercise the powers and the responsibilities of the public office. T he two kinds of officers according to legitimacy and right to office. (1) De jure — One who has lawful title to the office but has not been able to take possession of it or has been ousted therefrom. (2) De facto — One who derives his appointment from one having colorable authority to appoint, if the office is an appointive ofϐice , and whose appointment is valid on its face.

41. DE FACTO OFFICERS One who is in possession of an ofϐice , and is discharging its duties under color of authority, by which is meant authority derived from an appointment, however irregular or informal, so that the incumbent be not a mere volunteer. One who is in possession of an ofϐice in the open exercise of its functions under color of an election or an appointment, even though such election or appointment may be irregular. All of the following elements must concur: there must be a de jure ofϐice ; b. there must be color of right or general acquiescence by the public; and c. there must be actual physical possession of the ofϐice in good faith.

42. Why important? Legitimacy of the acts. The acts of the de facto public officer, insofar as they affect the public, are valid, binding and with full legal effect. The doctrine is intended not for the protection of the public officer, but for the protection of the public and individuals who get involved in the official acts of persons discharging the duties of a public office [Monroy v. Court of Appeals, 20 SCRA 620].

43. Consequence of having an office? Right to security of tenure Right to salary Right to additional allowances and bonuses Right to vacation and sick leaves.

44. Right to Security of Tenure Tenure means the right not to get ousted from office without valid cause. Term v. Tenure. Term is the period during which the officer may claim to hold the office as of right; while tenure is the period during which the officer actually holds office.

45. Divinagracia vs Sto . Tomas, G.R. No. 110954, May 31, 1995. The guarantee of security of tenure is an important object of the civil service system because it affords a faithful employee permanence of employment, at least for the period prescribed by law, and frees the employee from the fear of political and personal prejudicial reprisal.

46. Clearly then, the unconsented lateral transfer of Nacario from the Budget Office to the Office of MPDC was arbitrary for it amounted to removal without cause hence, invalid as it is anathema to security of tenure. When Nacario was extended a permanent appointment on 1 August 1980 and she assumed the position, she acquired a legal, not merely an equitable, right to the position. Such right to security of tenure is protected not only by statute, but also by the Constitution  32  and cannot be taken away from her either by removal, transfer or by revocation of appointment, except for cause, and after prior notice.

47. Right to Security of Tenure: Abolition of Office It is a well-known rule also that valid abolition of ofϐices is neither removal nor separation of the incumbents. And, of course, if the abolition is void, the incumbent is deemed never to have ceased to hold ofϐice . As well-settled as the rule that the abolition of an ofϐice does not amount to an illegal removal of its incumbent is the principle that, in order to be valid, the abolition must be made in good faith. Where the abolition is made in bad faith, for political or personal reasons, or in order to circumvent the constitutional security of tenure of civil service employees, it is null and void. To consider an ofϐice abolished there must have been an intention to do away with it wholly and permanently , as the word "abolish" denote

48. Right to Security of Tenure: Reorganization Reorganization. As a general rule , a reorganization is carried out in "good faith" if it is for the purpose of economy or to make bureaucracy more efϐicient . If the "abolition,“ which is nothing else but a separation or removal, is done for political reasons or purposely to defeat security of tenure, or otherwise not in good faith, no valid "abolition" takes place and whatever "abolition" is done, is ab initio. There is an invalid "abolition" as where there is merely a change of nomenclature of positions, or where claims of economy are belied by the existence of ample funds.

49. Right to Salary The right to the salary is based on the assumption that the appointment or designation thereof was made in accordance with law. If the designation was without color of authority, the right to the salary or an allowance due from said office never existed. Stated differently, in the absence of such right, there can be no violation of any constitutional right nor an impairment of the obligation of contracts clause under the Constitution.

50. Dimaandal vs CoA, G.R.No.122197, June 26, 1998 The issue here is whether or not an employee who is designated in an acting capacity is entitled to the difference in salary between his regular position and the higher position to which he is designated.

51. We are not persuaded by petitioner's insistence that he could still claim the salary and RATA differential because he actually performed the functions pertaining to the office of Acting Assistant Provincial Treasurer and, therefore, entitled to the salary and benefits attached to it despite the fact that the Governor of Batangas had no authority to designate him to the said position. Moreover, what was extended to petitioner by Governor Mayo was merely a designation not an appointment.

52. Right to additional allowances and bonuses Under the Local Government Code (R. A. 7160), local government units may provide for additional allowances and other benefits to national government officials stationed or assigned to their municipality or city. This authority, however, is not without limitations. Where, as in this case, it runs counter to R.A. 6758, then the grant of financial assistance given by Marikina City to its Auditing Office is in excess of its powers. The equal protection clause is not trenched, because COA officials may be treated differently from other national government officials. For one, they should be “insulated for unwarranted influences so they can act with independence and integrity”. There has been no repeal by R.A. 7160 of R.A. 6758. They can be harmonized and applied together.

53. Right to Leaves In this jurisdiction, the granting and enjoyment of leave of absence of government officers and employees are governed by Chapter 13, entitled Leave Law, of the Revised Administrative Code. Specifically mentioned therein as entitled to leave privileges are justices of the Supreme Court and the Court of Appeals, judges, teachers and, in general, employees of the national, provincial, city and municipal governments. Leave is based on attendance in accordance with the forty hours-a-week law to give respite when needed and without loss of pay to officers and employees whose hours of work are filed. Thus, part-time officers and employees are not entitled to leave. (Sec. 15, Rule XVI, Revised Civil Service Rules).

54. Right to vacation and sick leaves. Section 286 of the Revised Administrative Code, as amended, which provides when vacation and sick leave may be taken, speaks, in its second proviso, of the commutation of the salary during the vacation and sick leave of any appointed officer or employee, etc. Secondly, under Section 284 of the same Code, employees may be granted leave privileges only after six months’ continuous, faithful and satisfactory service. This six-month period obviously pertains to the probationary period of six months referred to in the Civil Service Law which appointive employees must serve following their appointment in order that they may acquire permanent status [Sec. 24(b) RA 2260, as amended], a requirement which does not apply to elective officials who serve for a fixed term commencing upon their assumption of office without regard to their status.