CSC

Republic of the Philippi

CIVIL SERVICE
COMMISSION
Pam,

MC No. *0 ,s. 2011

MEMORANDUM CIRCULAR

TO ALL HEADS OF CONSTITUTIONAL BODIES;

DEPARTMENTS, BUREAUS AND AGENCIES OF THE
NATIONAL GOVERNMENT; LOCAL GOVERNMENT
UNITS; GOVERNMENT OWNED OR CONTROLLED
CORPORATIONS; AND STATE COLLEGES AND
UNIVERSITIES

SUBJECT Revised Rules on Appointments Issued by Outgoing Elective

and Appointive Officials

Pursuant with the ruling of the Supreme Court in the Leah M. Nazareno, et al. vs.
City Mayor Agustin Perdices, et al. (G.R. No. 181559 dated October 2, 2009), the
Commission has decided, through CSC Resolution No. 1100188 dated February 1, 201 1,
to issue the Revised Rules on Appointments Issued by Outgoing Elective and Appointive
Officials, as follows:

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:

1.1 The appointee meets the minimum qualifications as required under

the CSC Qualification Standards Manual or special law, if any, for
the position to which he/she was appointed.

1.2 The appointee has undergone the Personnel Selection Board (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.

1.3 There is an urgent need for the issuance of the appointment/s so as

not to prejudice the public or endanger public safety.

In a Race to Serve: Responsive, Accessible, Courteous and Effective Public Service

H CSC Building, IBP Road, Constitution Hills, 1126 Quezon City • S 931-7935/931-7939/931-8092 • B [email protected]
» « www.csc.gov.ph
Revised Rules on Appointments Issued
by Outgoing Elective & Appointive Officials, /2

1.4 Civil Service Law, rules and regulations and special laws, if any,
on the issuance of appointments are followed.

2. All appointments issued after a presidential election up to June 30 by an

appointive appointing official shall be disapproved, except in the
following cases:

2.1. The appointive appointing official is a Career Executive Service

Officer occupying a regular plantilla position.

2.2. The appointive official has a fixed term of office and whose term
of office will not expire on June 30.

2.3 The appointee meets the minimum qualifications as required under

the CSC Qualification Standards Manual or special law, if any, for
the position to which he/she was appointed.

2.4 The appointee has undergone the Personnel Selection Board (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.

2.5 There is an urgent need for the issuance of the appointment/s so as

not to prejudice the public or endanger public safety.

2.5 Civil Service Law, rules and regulations and special laws, if any,
on the issuance of appointments are followed.

3. The issuance of mass appointments1 or those issued in large numbers may

be allowed provided the above conditions are complied with.

4. If in the exigency of the service, the outgoing appointing authority,

whether elective or appointive, opts to issue renewal (reappointment),
temporary, casual and/or contractual appointments after the elections or
before June 30, prior authority must be obtained from the concerned CSC
Regional Office, otherwise, such appointments will be disapproved.

1
The issuance of more than twenty (20) appointments after the elections up to June 30 shall be considered
“mass appointments”.
 Revised Rules on Appointments Issued
by Outgoing Elective & Appointive Officials, / 3

Such authority will be granted on the basis of validated need to fill up the
positions immediately in order not to prejudice public service and/or
endanger public safety.

All rules, regulations and issuances which are inconsistent herewith are hereby
repealed, amended or modified accordingly.

FRANCFSCO T/DUQUE III, MD, MSc

[/ Chairman

'2 8 MAR 2011

Note: CSC Res No. 11-00188 dated February 1, 2011 was published in the Malaya Business Insight on March 22, 2011.
 CSC
CIVIL SERVICE
COMMISSION
Para sa taumBAYAN

Revised Rules on Appointments Number: 1100188

Issued by Outgoing Elective and
Appointive Officials Promulgated: 0 1 FEB 2011
x x

RESOLUTION

WHEREAS, Section 3, Article IX-B of the 1987 Constitution provides that the
“Civil Service Commission, as the central personnel agency of the Government, shall
establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. ’’

WHEREAS, the Commission under Section 12 (1) and (2), Book V, Title I-A of
the Administrative Code of 1987 has the power and function to administer and enforce
the constitutional and statutory provisions on the merit system for all levels and ranks of
the Civil Service, and to prescribe, amend, and enforce rules and regulations for carrying
into effect the provisions of the Civil Service Law and other pertinent laws;

WHEREAS, pursuant to these mandates, the Commission issued CSC Resolution

Nos. 01-0988, 03-0918 and 07-1138 dated June 4, 2001, August 28, 2003 and June 18,
2007, respectively, providing the guidelines on appointments issued by outgoing elective
and appointive officials;

WHEREAS, the Supreme Court in Leah M. Nazareno, et al. vs. City Mayor
Agustin Perdices, et al. (G.R. No. 181559 dated October 2, 2009) declared that the
Commission, as the central personnel agency of the government, has statutory authority
to establish rules and regulations to promote efficiency and professionalism in the civil
service. The High Court also ruled therein that not all appointments issued after the
elections by defeated officials are invalid especially those which have shown to have
undergone the regular screening process, where the appointee is qualified for the position,
when there is a need to fill up the vacancy and when the appointments are not in bulk.

WHEREAS, the Supreme Court has already issued an Entry of Judgment in the
Nazareno case declaring it as final and executory on February 19, 2010;

WHEREAS, there is a need to update and amend existing rules on appointments

issued by outgoing elective and appointive officials to harmonize them with the Supreme
Court decision in the Nazareno case-,

u
In a Race to Serve: Responsive, Accessible, Courteous and Effective Public Service
3 CSC Building, IBP Road, Constitution Hills, 1126 Quezon City • 8 931-7935/931-7939/931-8092 •S [email protected] • 0 www.csc.gov.ph
 NOW THEREFORE, the Commission, pursuant to its constitutional and
statutory mandates, hereby ISSUES and ADOPTS the following guidelines:

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:

1.1 The appointee meets the minimum qualifications as required under

the CSC Qualification Standards Manual or special law, if any, for
the position to which he/she was appointed.

1.2 The appointee has undergone the Personnel Selection Board (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.

1.3 There is an urgent need for the issuance of the appointment/s so as

not to prejudice the public or endanger public safety.

1.4 Civil Service Law, rules and regulations and special laws, if any,
on the issuance of appointments are followed.

2. All appointments issued after a presidential election up to June 30 by an

appointive appointing official shall be disapproved, except in the
following cases:

2.1. The appointive appointing official is a Career Executive Service

Officer occupying a regular plantilla position.

2.2. The appointive official has a fixed term of office and whose term
of office will not expire on June 30.

2.3 The appointee meets the minimum qualifications as required under

the CSC Qualification Standards Manual or special law, if any, for
the position to which he/she was appointed.

2.4 The appointee has undergone the Personnel Selection Board (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.

2.5 There is an urgent need for the issuance of the appointment/s so as

not to prejudice the public or endanger public safety.

2.6 Civil Service Law, rules and regulations and special laws, if any,
on the issuance of appointments are followed.
0/
 3. The issuance of mass appointments1 or those issued in large numbers may
be allowed provided the above conditions are complied with.

4. If in the exigency of the service, the outgoing appointing authority,

whether elective or appointive, opts to issue renewal (reappointment),
temporary, casual and/or contractual appointments after the elections or
before June 30, prior authority must be obtained from the concerned CSC
Regional Office,*otherwise, such appointments will be disapproved.

Such authority will be granted on the basis of validated need to fill up the
positions immediately in order not to prejudice public service and/or
endanger public safety.

All rules, regulations and issuances which are inconsistent herewith are hereby
repealed, amended or modified accordingly.

This Resolution shall take effect fifteen (15) days after its publication in a
newspaper of general circulation.

FI SCO T/DUQUE III

Chairman

CESAR D. BUENAFLOl 1AR>

Commissioner Commissioner

Attested by:

DOLORES B. BONIFACIO
Director IV
Commission Secretariat and Liaison Office

APE/FCT/Y6

Policy Resolution Folder

' The issuance of more than twenty (20) appointments after the elections up to June 30 shall be considered
“mass appointments”.