ADMINISTRATIVE LAW

MESHEL B.BALIJON

CLASS SCHEDULE:
MONDAY- 8-9PM
TUESDAY - 7-9PM

I.

Topic
A. PROMOTION

II.

Brief Discussion
A. Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5
(Administrative Code of 1987) - Personnel Policies and Standards

SECTION 26. Personnel Actions.All appointments in the career service

shall be made only according to merit and fitness, to be determined as far
as practicable by competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever there is a civil
service eligible actually available for and ready to accept appointment.
As A 345used in this Title, any action denoting the movement or
progress of p10ersonnel in the civil service shall be known as personnel
action. Such action shall include appointment through certification,
promotion, transfer, reinstatement, re-employment, detail, reassignment,
demotion, and separation. All personnel actions shall be in accordance
with such rules, standards, and regulations as may be promulgated by the
Commission.
(2) Promotion.A promotion is a movement from one position to another
with an increase in duties and responsibilities as authorized by law and
usually accompanied by an increase in pay. The movement may be from
one department or agency to another or from one organizational unit to
another in the same department or agency.

B. Presidential Decree No. 807 - Civil Service Decree of the Philippines

Sec. 7. Classes of Positions in the Career Service. - (a) Classes of positions in the career
service appointment to which requires examinations shall be grouped into three major
levels as follows:
1. The first level shall include clerical, trades, crafts, and custodial service
positions which involve non-professional or subprofessional work in a
nonsupervisory or supervisory capacity requiring less than four years of
collegiate
studies;
2. The second level shall include professional, technical, and scientific work

in a non-supervisory or supervisory capacity requiring at least four years of

college
work
up
to
Division
Chief
level;
and
3. The third level shall cover positions in the Career Executive Service.
(b) Except as herein otherwise provided, entrance to the first two levels shall be through
competitive examinations, which shall be open to those inside and outside the service
who meet the minimum qualification requirements. Entrance to a higher level does not
require previous qualification in the lower level. Entrance to the third level shall be
prescribed by the Career Executive Service Board.
C. Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5Personnel Policies and Standards]
CHAPTER 5
Personnel Policies and Standards
SECTION 21. Recruitment and Selection of Employees.(1) 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 to perform the duties and assume the responsibilities of the positions.
(2) When a vacancy occurs in a position in the first level of the Career Service as defined
in Section 8, the employees in the department who occupy the next lower positions in the
occupational group under which the vacant position is classified, and in other
functionally related occupational groups and who are competent, qualified and with the
appropriate civil service eligibility shall be considered for promotion.
(3) When a vacancy occurs in a position in the second level of the Career Service as
defined in Section 8, the employees in the government service who occupy the next lower
positions in the occupational group under which the vacant position is classified and in
other functionally related occupational groups and who are competent, qualified and with
the appropriate civil service eligibility shall be considered for promotion.
(4) For purposes of this Section, each department or agency shall evolve its own
screening process, which may include tests of fitness, in accordance with standards and
guidelines set by the Commission. Promotion boards shall be formed to formulate criteria
for evaluation, conduct tests or interviews, and make systematic assessment of training
experience.
(5) If the vacancy is not filled by promotion as provided herein the same shall be filled by
transfer of present employees in the government service, by reinstatement, by reemployment of persons separated through reduction in force, or by appointment of
persons with the civil service eligibility appropriate to the positions.
(6) A qualified next-in-rank employee shall have the right to appeal initially to the
Secretaries or heads of agencies or instrumentalities including government-owned or
controlled corporations with original charters, then to the Merit System Protection Board,
and finally to the Civil Service Commission an appointment made in favor of another
employee if the appellant is not satisfied with the written special reason or reasons given
by the appointing authority for such appointment; Provided, however, that the decision of
the Civil Service Commission may be reviewed on certiorari only by the Supreme Court
within thirty (30) days from receipt of the decision of the aggrieved party. For purposes
of this Section, qualified next-in-rank refers to an employee appointed on a permanent
basis to a position previously determined to be next-in-rank and who meets the
requirements for appointment thereto as previously determined by the appointing
authority and approved by the Commission.
(7) Qualification in an appropriate examination shall be required for appointment to
positions in the first and second levels in the career service in accordance with the Civil
Service rules, except as otherwise provided in this Title: Provided, 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
career service in the government or in any government-owned or controlled corporation

with original charter, 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.
(8) The appropriate examinations herein referred to shall be those given by the
Commission and the different agencies: Provided, however, That nothing herein shall
affect those eligibilities acquired prior to the effectivity of the Civil Service Law:
Provided, further, That a person with a civil service eligibility acquired by successfully
passing an examination shall be qualified for a position requiring a lower eligibility if he
possesses the other requirements for appointment to such position.
SECTION 22. Qualification Standards.(1) A qualification standard expresses the
minimum requirements for a class of positions in terms of education, training and
experience, civil service eligibility, physical fitness, and other qualities required for
successful performance. The degree of qualifications of an officer or employee shall be
determined by the appointing authority on the basis of the qualification standard for the
particular position.
Qualification standards shall be used as basis for civil service examinations for positions
in the career service, as guides in appointment and other personnel actions, in the
adjudication of protested appointments, in determining training needs, and as aid in the
inspection and audit of the agencies personnel work programs.
It shall be administered in such manner as to continually provide incentives to officers
and employees towards professional growth and foster the career system in the
government service.
(2) The establishment, administration and maintenance of qualification standards shall be
the responsibility of the department or agency, with the assistance and approval of the
Civil Service Commission and in consultation with the Wage and Position Classification
Office.
D. Pursuant to the provisions of Section 12 of Republic Act No. 6713,
otherwise known as the Code of Conduct and Ethical Standards for Public
Officials and Employees, approved on February 20, 1989, and which took effect
on March 25, 1989, conformably to Section 17 thereof, the following Rules are
hereby adopted in order to carry out the provisions of the said Code:
Section 3. Incentives and rewards to government officials and employees of the year may
take the form of any of the following, as may be determined by the Committee on Awards
established under the Code:
(a) Bonuses; or
(b) Citations; or
(c) Directorships in government-owned or controlled corporations; or
(d) Local and foreign scholarship grants; or
(e) Paid vacations; and
(f ) Automatic promotion to the next higher position suitable to his qualifications and
with commensurate salary; provided, that if there is no next higher position or it is not
vacant, said position shall be included in the next budget of the office; except when the
creation of a new position will result in distortion in the organizational structure of the
department, office or agency. Where there is no next higher position immediately
available, a salary increase equivalent to the next higher position shall be given and
incorporated in the base pay. When a new position is created, that which is vacated shall
be deemed abolished.
The grants of awards shall be governed by the merit and fitness principle.
III.

Illustration of the Principle

A. A possessed a lower position in a certain State University in Bohol. Then, A

decided to apply the next higher position in a State University in Cebu. Her
qualification was assessed by the Personnel Selection Board of the said State
University as well as the Civil Service Commission. Consequently, she was
appointed to acquire the said higher position. (this is a movement from one
agency to another)

IV.

References

Book
Agpalo, Ruben (2005). Administrative Law, Law on Public Officers and Election Law.
Quezon City, Philippines: Rex Printing Company, Inc.
Online Sources
CSCRO No. VII Decision(November 22, 2001).
Retrieved from http://excell.csc.gov.ph/mread03/res-030233.html
SC Judiciary. (February 2010).
Retrieved
from
http://sc.judiciary.gov.ph/jurisprudence/2010/february2010/176707.htm