{"id":5635,"date":"2023-03-04T11:56:02","date_gmt":"2023-03-04T03:56:02","guid":{"rendered":"https:\/\/rasmitmug.com\/main\/?page_id=5635"},"modified":"2023-03-30T13:59:02","modified_gmt":"2023-03-30T05:59:02","slug":"bangsamoro-civil-service-code","status":"publish","type":"page","link":"https:\/\/rasmitmug.com\/main\/bangsamoro-civil-service-code\/","title":{"rendered":"Bangsamoro Civil Service Code"},"content":{"rendered":"
BANGSAMORO TRANSITION AUTHORITY BANGSAMORO AUTONOMY ACT NO. 17<\/strong><\/p>\n Begun and held in Cotabato City, on Friday, the 29th day of March, 2019.<\/p>\n AN ACT<\/strong> Be it enacted by the Bangsamoro Transition Authority in Parliament assembled:<\/p>\n BOOK I<\/strong> Chapter I<\/strong> ”Bangsamoro Civil Service Code”<\/strong><\/p>\n Article 1<\/strong>. Title. This Code shall be known as the Bangsamoro Civil Service Code<\/strong> of 2021.<\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Article 2.<\/strong> Basis. Section 2 (i), Article II of Republic Act (R.A.) No. 11054, otherwise known as the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, provides that the Bangsamoro Government shall exercise its authority over the civil service without prejudice to the general supervision of the President of the Republic of the Philippines.<\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 For this purpose, Section 39, Article VII of the Organic Law mandates that the Bangsamoro Government shall enact a Civil Service Law, provided that it shall be in accordance with existing national laws. In case of conflict with the national laws, the Constitution and existing national civil service laws, rules, and regulations shall prevail.<\/p>\n \u00a0 \u00a0 \u00a0 Article 3.<\/strong> Purpose. This Code is enacted to govern the conduct of civil servants, prescribe qualifications for non-elective positions, adopt an independent and credible merit and fitness system, protect civil service eligibles in various government positions, including Government-Owned or -Controlled Corporations (GOCCs) with original charters in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), and provide rules on disciplinary authority over the Bangsamoro Government\u2019s officials and employees.<\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Article 4.<\/strong> Declaration of Policy. It is the policy of the Bangsamoro Government to:<\/p>\n It shall take cognizance of the aspirations of the Bangsamoro people and other inhabitants in the BARMM to chart a responsive, effective and efficient bureaucracy that will allow genuine and meaningful self-governance, and to establish an enduring peace on the basis of justice and balanced society, reflective of their system of life.<\/p>\n<\/li>\n<\/ol>\n There shall be no discrimination on employment opportunities on account of age, religion, culture, ethnicity, gender, disability, or political affiliation.<\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Article 5.<\/strong> Nature of Public Office. Public office is a public trust and a moral responsibility. Public officers and employees shall serve with the highest degree of responsibility, morality, integrity, loyalty, and efficiency, and shall remain accountable to the people and to God.<\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Article 6.<\/strong> Definition of Terms. As used in this Code, the following terms shall be construed as follows:<\/p>\n Chapter II<\/strong> Article 7.<\/strong> Bangsamoro Civil Service. The Bangsamoro civil service embraces all public positions in the Parliament, Cabinet, and every agency, subdivision, and instrumentality of the Bangsamoro Government, including GOCCs with original charters.<\/p>\n Article 8.<\/strong> Classification of Positions. Positions in the Bangsamoro civil service shall be classified into career service and non-career service as defined by existing civil service laws, rules, and regulations.<\/p>\n Article 9.<\/strong> Career Service. The Bangsamoro career service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examinations; (2) opportunity for advancement to higher career positions; and (3) security of tenure.<\/p>\n The Bangsamoro Career Service shall include:<\/p>\n This provision does not apply to appointments to positions which are policy determining, primarily confidential, or highly technical.<\/p>\n Article 10.<\/strong> Classes of Positions in the Career Service. (1) Classes of positions in the career service, appointment to which requires examinations shall be grouped into two (2) major levels as follows:<\/p>\n b.1.<\/strong> Non-supervisory \u2013 this includes professional, technical, and scientific positions performing work requiring the practice of profession or application of knowledge acquired through formal training in a particular field or the exercise of a natural, creative and artistic ability or talent in arts and letters. Also included in this category are positions involved in research and application of professional knowledge and methods to a variety of technological, economic, industrial and governmental functions.<\/p>\n b.2.<\/strong> Supervisory \u2013 this includes professional, technical and scientific positions in a department or agency or local government, which have the responsibility of overseeing the work of an organizational unit charged with a major or specialized activity. For this purpose, a supervisor shall be one who plans, programs, delegates tasks and evaluates performance of employees; monitors work outputs; maintains morale and discipline among employees; develops cooperation and ensures a well-coordinated workforce; and coordinates and cooperates with other organizational units within the agency.<\/p>\n b.3<\/strong>. Executive\/Managerial \u2013 this includes professional, technical and scientific positions, the functions of which are managerial in character, exercising functions such as planning, organizing, directing, coordinating, controlling and overseeing the activities of an organization, a unit thereof or of a group, requiring some degree of professional, technical or scientific knowledge and experience, application of managerial skills required to carry out basic duties and responsibilities involving leadership, functional guidance and control. These positions require intensive and thorough knowledge of a specialized field. Agency heads are enjoined to set the qualification requirements and qualifying and\/or promotional test for appointment to executive\/managerial positions in the second level pursuant to CSC Resolution No. 1100472, promulgated 8 April 2011, in coordination with the Commission.<\/p>\n Except as herein otherwise provided, entrance to the two (2) 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.<\/p>\n Within the same level, no civil service examination shall be required for promotion to a higher position in one or more related occupational groups. A candidate for promotion should, however, have previously passed the examination for that level.<\/p>\n Article 11.<\/strong> Non-Career Service. The Bangsamoro non-career service shall be characterized by (1) entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made.<\/p>\n The Bangsamoro non-career service shall include:<\/p>\n Chapter III<\/strong> Article 12.<\/strong> Recruitment and Selection. Opportunity for government employment shall be open to all qualified citizens. Preference shall be given to Bangsamoro bona fide residents of the locality where the employment is situated; Provided, That such rule shall apply only to provincial, city, and municipal offices. In the case of regional positions, preference shall be given to bona fide residents of the region.<\/p>\n Positive efforts shall be exerted to attract the best qualified residents of the Bangsamoro Autonomous Region to enter the service. Employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of the positions.<\/p>\n Article 13.<\/strong> Vacancy. When a vacancy occurs in a position in the first level of the Career Service as defined in this Code, the employees in the agency 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.<\/p>\n When a vacancy occurs in a position in the second level of the career service as defined herein, 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.<\/p>\n 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 re-employment of persons separated through reduction in force, or by appointment of persons with the civil service eligibility appropriate to the positions.<\/p>\n Article 14.<\/strong> Screening Process. For purposes of this Chapter, each agency shall evolve its own screening process, which may include tests of fitness and commitment to moral governance, 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.<\/p>\n Article 15.<\/strong> When Appropriate Examinations Required. 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 by law; 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 GOCC 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.<\/p>\n The appropriate examinations herein referred to shall be those given by the Commission and the different agencies; Provided, 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\/she possesses the other requirements for appointment to such position.<\/p>\n Article 16.<\/strong> Special Examinations for Indigenous Peoples in the BARMM. In line with the Bangsamoro Government\u2019s policy to promote inclusivity for Moro and non-Moro indigenous peoples and accelerate the development of the areas occupied by them, special examinations for indigenous peoples shall be requested by the Bangsamoro Government to be administered by appropriate government agencies, in accordance with the provisions of law, rules and standards promulgated in relation thereto.<\/p>\n Article 17.<\/strong> Reduction in Force. Whenever it becomes necessary because of lack of work or funds or due to a change in the scope or nature of an agency\u2019s program, or as a result of reorganization, to reduce the staff of any agency, those in the same group or class of positions in one or more agencies within the particular agency wherein the reduction is to be effected, shall be reasonably compared in terms of relative fitness, efficiency and length of service, and those found to be least qualified for the remaining positions shall be laid off.<\/p>\n Article 18.<\/strong> Employee Onboarding Program. Each ministry shall collaborate with the Development Academy of the Bangsamoro (DAB) to implement a systematic onboarding program to transition its new employees into their role and onto their respective unit, section, or division. Such onboarding program shall be built for the specific level and position of the new employees and reflect their unique work environment. It shall include the inculcation of moral governance principles and practices, the development of camaraderie, high-trust and high-performance organizational culture, the clarification of expectations, the provision and use of resources and the compliance to organizational policies, procedures, and protocols.<\/p>\n Article 19.<\/strong> Career and Human Resource Development. The Bangsamoro Government shall ensure the development and retention of a competent and efficient work force in the public service.<\/p>\n Every agency of the Bangsamoro Government shall, in coordination with the DAB establish a continuing program of career and human resource development at all levels, and shall create a work environment conducive to the development of human resource skills, talents, and values for optimum public service.<\/p>\n Article 20.<\/strong> Career and Human Resource Development Plans. Each agency shall prepare a career and personnel development plan. Such career and personnel development plan shall include provisions on merit promotions, performance evaluation, in-service training, including overseas and local scholarships and training grants, job rotation, suggestions and incentive award systems, and such other provisions for employees\u2019 health, welfare, counselling, recreation and similar services.<\/p>\n Article 21.<\/strong> Inspection and Audit. The CSC for BARMM, through its designated representatives, shall conduct a periodic inspection and audit of the personnel management program of each agency, province or city, in order to: (a) determine compliance with this Code, rules and standards; (b) review the discharge of delegated authority; (c) make an adequate evaluation of the progress made and problems encountered in the conduct of the merit system in the Bangsamoro Government including Bangsamoro GOCCs; (d) give advice and provide assistance in developing constructive policies, standards and procedures; and (e) stimulate improvement in all areas of personnel management.<\/p>\n Periodic inspection and audit will include an appraisal of personnel management operations and activities relative to: (a) formulation and issuance of personnel policy; (b) recruitment and selection of employees; (c) personnel action and employment status; (d) career and employee development; (e) performance evaluation system; (f) employee suggestions and incentive award; (g) employee relations and services; (h) discipline; (i) personnel records and reporting; and (j) program evaluation.<\/p>\n Article 22.<\/strong> Complaints and Grievances. Public officials and employees within the BARMM shall have the right to present their complaints or grievances to 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 complaint or grievances shall be resolved at the lowest possible level in the ministry or agency, as the case may be, and the employee shall have the right to appeal such decision to higher authorities.<\/p>\n Each agency shall establish a grievance mechanism and promulgate rules and regulations governing the expeditious, fair, and equitable adjudication of employees\u2019 complaints or grievances in accordance with the policies enunciated by the Commission.<\/p>\n The provisions under Book V of this Code shall apply to disciplinary and non-disciplinary cases instituted at all levels of the agency.<\/p>\n Article 23.<\/strong> Employee Suggestions and Incentive Awards System. Each agency or local government unit (LGU) shall establish an employee suggestions and incentive awards system designed to encourage creativity, innovativeness, efficiency, integrity, and productivity in the public service by recognizing and rewarding Bangsamoro officials and employees, individually or in groups, for their suggestions, inventions, superior accomplishments and other personal efforts which contribute to the efficiency, economy, or other improvement in government operations, or for other extraordinary acts or services in the public interest.<\/p>\n BOOK II<\/strong> Chapter I<\/strong> Article 24.<\/strong> Appointments in the Bangsamoro Career Service. All appointments in the career service shall consider gender and ethnic balance and 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 career service whenever there is a civil service eligible actually available for and ready to accept the appointment.<\/p>\n Article 25.<\/strong> Human Resource Action. Any action denoting the movement or progress of human resource in the civil service such as promotion, transfer, reappointment, reinstatement, reemployment, reclassification, detail, reassignment, secondment, demotion, and separation shall be known as human resource action.<\/p>\n Article 26.<\/strong> Procedures in the Preparation of Appointments. The following procedures shall be strictly observed in the preparation of appointments for authorized positions found in the Plantilla of Personnel and lump sum appropriation for contractual employees:<\/p>\n The following items in the appointment form shall be properly filled in, as follows:<\/p>\n In no case shall digital\/electronic or rubber-stamped signature of the appointing officer\/authority on the appointment be allowed.<\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 9. Date of Signing. The date of signing, which is the date of the issuance and the date of effectivity\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0of\u00a0 the appointment, shall be indicated below the signature of the appointing officer\/authority.<\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a010.Certification as to the Completeness and Authenticity of the Requirements. The Human Resource Management Office (HRMO) shall thoroughly review and check the veracity, authenticity and completeness of all the requirements.<\/p>\n 11. Certification of Publication and Posting of Vacancy. Vacant positions authorized to be filled shall be published and posted in the Bangsamoro Job Portal and at least three (3) conspicuous places for a period of at least 10 calendar days for Bangsamoro agencies, SUCs, and GOCCs with original charters in accordance with R.A. No. 7041 and its implementing guidelines, and not less than 15 calendar days for LGUs pursuant to Section 80 (a), Title Three, Book I, R.A. No. 7160, and Chapter IV Book II hereof.<\/p>\n The certification on the publication and posting of the vacant position including the date the deliberation was conducted by the Bangsamoro Promotion and Selection Board (BPSB) should be duly signed by the authorized HRMO.<\/p>\n \u00a012.Certification of BPSB Evaluation\/Screening. If applicable, all appointees should be screened and evaluated by the BPSB whose composition is provided in Article 126. As proof thereof, a certification signed by the Chairperson of the BPSB at the back of the appointment specifying that the majority of the BPSB members was present during the deliberation or alternatively, a copy of the proceedings\/minutes of the BPSB deliberation shall be submitted together with the appointment. The BPSB deliberation in the NGAs, GOCCs with original charters, and SUCs (for their administrative and support staff) shall commence not earlier than 10 calendar days from the date of posting and publication of vacant positions; and in the LGUs it shall not be made earlier than 15 calendar days from the date of posting and publication of vacant positions.<\/p>\n 13.Certification by the Placement Committee. Reappointment to a comparable position as a result of reorganization pursuant to R.A. No. 6656 or other laws shall be assessed by the Placement Committee. As proof thereof, a certification shall be signed by the Chairperson of the Placement Committee at the back of the appointment.<\/p>\n b. Personal Data Sheet. The Personal Data Sheet (PDS), as prescribed by the Commission, updated and accomplished properly and completely by the appointee, shall be attached to the appointment. Said PDS shall contain an authorization from the employee that the Commission, agency head or their authorized representative can verify\/validate the contents therein. It shall also be subscribed and sworn to before the HRMO or his\/her authorized official in the agency, any officer authorized to administer oaths or a notary public. The PDS may be accomplished by the appointee either through his\/her own handwriting or via typewriter\/computer and must bear his\/her signature on every page with a passport-size ID picture taken within the last six (6) months attached at the last page thereof.<\/p>\n c. Position Description Form. The PDF, as prescribed by the Department of Budget and Management (DBM) and the Commission, properly and completely accomplished, shall be attached to all appointments for authorized positions found in the Plantilla of Personnel and lump sum appropriation for contractual employees.\u00a0<\/p>\n Article 27.<\/strong> Procedure in the Preparation of Casual Appointments. The following procedures shall be strictly observed in the preparation of casual appointments:<\/p>\n a. Appointment Form. The Plantilla of Casual Appointment shall be in the CSC prescribed form. The appointment must be prepared in three (3) original copies appointee\u2019s copy, Commission\u2019s copy, and agency\u2019s copy. A maximum of 15 names of appointees, arranged alphabetically, shall be indicated in every page thereof.<\/p>\n b. Source of Funds. The source of funds for casual appointment shall always be indicated on the space provided.<\/p>\n c.Name of Appointee\/s. The name indicated on the appointment must be the same name appearing in the Certificate of Live Birth submitted by each of the appointee and the Certificate of Marriage, in the case of a married female appointee who opts to use the surname of her husband. The name of the appointee should be written in the following format: last name, first name, name extension (if any), and middle name or initial.<\/p>\n Only a maximum of 15 appointees must be listed on each page of the Plantilla of Casual Appointments. The HRMO must also indicate \u2018NOTHING FOLLOWS\u2019 on the row following the name of the last appointee on the last page of the Plantilla. The agency HRMO should provide proper pagination (Page n of n page\/s).<\/p>\n d. Position Title. The position title indicated in the appointment should be found in the IOS. The salary\/job\/pay grade, level of position, and the corresponding compensation rate per day for each appointee listed in the Plantilla of Casual Appointment shall always be indicated.<\/p>\n e. Period of Employment. The period of employment, which shall be the duration of the casual appointment of each appointee listed in the Plantilla of Casual Appointment shall be indicated in the following format: month, day and year (e.g. From: 07\/01\/2017 To: 12\/31\/2017).<\/p>\n f. Nature of Appointment. The nature of appointment, such as original, reappointment or reemployment shall be indicated on the space provided.<\/p>\n g. Signature of the Appointing Officer\/Authority. The three (3) original copies of the appointment must be duly signed by the appointing officer\/authority. The appointing officer\/authority is the person or body authorized by law to make appointments in the Philippine civil service.<\/p>\n In case the appointing officer\/authority delegates the authority to issue appointments to a next-in-rank official in the same agency, as authorized by law, a copy of the Office\/Board Resolution for the said purpose shall be furnished to the CSC for BARMM.<\/p>\n In no case shall digital\/electronic or rubber-stamped signature of the appointing officer\/authority on the appointment be allowed.<\/p>\n h. Date of Signing. The date of signing, which is the date of the issuance and the date of effectivity of the appointment, shall be indicated below the signature of the appointing officer\/authority.<\/p>\n i. Certification as to the Completeness and Authenticity of the Requirements. The HRMO shall thoroughly review and check the veracity, authenticity and completeness of all the requirements and documents in support of the appointment. He\/she shall sign the certification at the lower portion of the appointment.<\/p>\n j. Certification (For LGUs). The Provincial\/City\/Municipal Accountant shall certify that funds are available for the subject appointment\/s.<\/p>\n The appointing officer\/authority shall certify that such appointment is issued in accordance with the limitations provided under Section 325 of R.A. No. 7160.<\/p>\n In case the Local Accountant position is vacant, the Local Assistant Accountant shall sign the certi\ufb01cation. In the absence of such position, the Local Chief Executive may designate the Local Budget Officer to certify the availability of funds. The delegation should be supported by an Office Order, a copy of which should be furnished the CSC for BARMM.<\/p>\n k. Personal Data Sheet. The PDS, as prescribed by CSC, completed by the appointee, subject to the requirements of Item b, Article 23 of this Book shall be attached to the Plantilla of Casual Appointments. The PDS need not be attached to the appointment involving Reappointment (renewal).<\/p>\n Chapter II<\/strong> Article 28.<\/strong> Employment Status. The employment status in the civil service shall be determined by the appointment issued, which can be any of the following: permanent, temporary, substitute, coterminous, fixed term, contractual, and casual.<\/p>\n Article 29.<\/strong> Permanent. Permanent appointment is issued to a person who meets all the qualification requirements of the position to which he\/she is being appointed to, including the appropriate eligibility, in accordance with the provisions of law, rules, and standards promulgated in pursuance thereof.<\/p>\n Article 30.<\/strong> Temporary. Temporary appointment is issued to a person who meets the education, experience and training requirements for the position to which he\/she is being appointed to, except for the appropriate eligibility. A temporary appointment may only be issued in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer\/authority. The appointment shall not exceed 12 months, reckoned from the date it was issued but the appointee may be replaced sooner if a qualified eligible who is willing to accept the appointment becomes actually available.<\/p>\n However, in no case shall a temporary appointment be issued for position that involve practice of profession regulated by bar\/board law for lack of the required license and\/or certificate of registration.<\/p>\n A temporary appointment issued to a person who does not meet any of the education, training or experience requirements for the position shall be disapproved\/invalidated except to positions that are hard to fill, or other meritorious cases as may be determined by the Commission, or as provided by special law, such as Medical Officer\/Specialist positions, Special Science Teacher, and Faculty positions. Except for these positions, temporary appointments may only be renewed once.<\/p>\n A temporary appointment to a position which involves practice of profession may be issued to a person who lacks the required experience or training but only in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer\/authority.<\/p>\n When there are no available qualified faculty in the region, place or locality, as certified by the appointing officer\/authority, temporary appointments may be issued until the required master’s degree is met\/complied with. The renewal of temporary appointment shall be limited to five (5) times only reckoned from the effectivity of CSC MC No. 25, s. 2017.<\/p>\n A temporary appointment issued to a person who meets all the requirements of the position shall be disapproved\/invalidated.<\/p>\n Article 31.<\/strong> Substitute. Substitute appointment is issued when the regular incumbent of a position is temporarily unable to perform the duties of the position, as when the incumbent is on an approved leave of absence, under suspension, on a scholarship grant or is on secondment. This is effective only until the return of the incumbent. A substitute appointment is allowed only if the leave of absence of the incumbent is at least three (3) months, except in the case of teachers.<\/p>\n A person who is issued a substitute appointment to a position whose duties involve practice of a profession covered by Bar\/Board or special laws shall be required to possess the appropriate professional license. The substitute appointee shall be entitled to the salaries and benefits attached to the position except for those benefits requiring longer period of service for the availment thereof.<\/p>\n Article 32.<\/strong> Coterminous. Coterminous appointment is issued to a person whose tenure is limited to a period specified by law or whose continuity in the service is based on the trust and confidence of the appointing officer\/authority or of the head of the organizational unit where assigned. Specifically, the categories of coterminous appointments are:<\/p>\n 2. Coterminous with the head of the organizational unit where assigned an appointment is coexistent with the term\/tenure of the head of the organizational unit to which he\/she is assigned, who is not the appointing officer\/authority.<\/p>\n Appointees to coterminous positions that are not primarily confidential in nature (items 1 and 2) must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these coterminous appointments.<\/p>\n Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar\/Board or special laws and\/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.<\/p>\n 3. Coterminous (primarily confidential in nature) \u2014 an appointment to positions determined by law or declared by the Commission to be primarily confidential in nature, the duties and responsibilities of which imply not only confidence in the aptitude of the appointees but primarily close intimacy which ensures freedom of discussion, delegation and reporting without embarrassment or freedom from misgivings or betrayals of personal trust. Appointees to primarily con\ufb01dential positions are exempt from the qualification requirements, except those whose duties involve the practice of a profession regulated by the Philippine Bar\/Board or special laws and\/or require licenses.<\/p>\n 4.\u00a0 Coterminous with the Lifespan of the Agency \u2014 appointment to a position which is co-existent with the lifespan of the agency based on the agency\u2019s Staffing Pattern as approved by the DBM or the Governance Commission for GOCCs. Employees whose appointments are coterminous with the lifespan of the agency must meet the education, experience and training requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the quali\ufb01cation requirements provided under the CSC Quali\ufb01cation Standards Manual shall be used as bases in the attestation of these coterminous appointments.<\/p>\n Eligibility is not required for coterminous appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar\/Board or special laws and\/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference shall be given to civil service eligibles.<\/p>\n Article 33<\/strong>. Fixed Term. Fixed term appointment is issued to a person with a specified term of office, subject to reappointment as provided by law, such as Chairperson and members of commissions and boards, SUC President, and Head of Agency appointed by the Board.<\/p>\n Article 34<\/strong>. Contractual. Contractual appointment is issued to a person whose employment in the government is in accordance with a special contract to undertake local or foreign-assisted projects or a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a speci\ufb01c period. This includes appointments to positions that are co-existent with the duration of a particular project based on the agency\u2019s Staf\ufb01ng Pattern as approved by the Ministry of Finance, and Budget and Management (MFBM). The inclusive period of the contractual appointment shall be indicated on the face of the appointment for purposes of crediting services.<\/p>\n Contractual appointments are limited to one (1) year, but may be renewed every year, based on performance, until the completion of the project or specific work. However, if the performance of the appointee is below satisfactory or where the funds have become insufficient or unavailable, the appointing officer\/authority may terminate the services of, or replace, the appointee after giving the latter a notice at least 30 days prior to the date of termination of appointment.<\/p>\n Employees under contractual appointment must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency quali\ufb01cation standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these contractual appointments.<\/p>\n Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar\/Board or special laws and\/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.<\/p>\n The appointee shall perform the work or job under his\/her own responsibility with minimal direction and supervision from the employing agency.<\/p>\n In no case shall a contractual appointment be issued to \ufb01ll a vacant plantilla position or a contractual employee perform the duties and responsibilities of the vacant plantilla position.<\/p>\n Reappointment (renewal) of contractual appointments to the same position shall be submitted to the Commission for notation only, without the need for approval\/validation. However, reappointment of contractual appointments to another position shall be submitted for approval\/validation by the CSC for BARMM.<\/p>\n Article 35.<\/strong> Casual. Casual appointment is issued only for essential and necessary services where there are not enough regular staff to meet the demands of the service and for emergency cases and intermittent period not to exceed one (1) year.<\/p>\n Employees under casual appointment must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency quali\ufb01cation standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these casual appointments. Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar\/Board or special laws and\/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.<\/p>\n In no case shall a casual appointment be issued to fill a vacant plantilla position or a casual employee perform the duties and responsibilities of the vacant plantilla position.<\/p>\n Reappointment (renewal) of casual appointments to the same position shall be submitted to the Commission\/CSC for BARMM for notation only, without the need for approval\/validation. However, reappointment of casual appointments to another position shall be submitted for approval\/validation by the CSC for BARMM.<\/p>\n Employees under contractual or casual appointment are entitled to the same benefits enjoyed by regular employees.<\/p>\n Article 36.<\/strong> Employment Status of Teachers. The employment status of teachers to any teaching position shall be any of the following:<\/p>\n a.\u00a0 Permanent – an appointment issued to an appointee who meets all the requirements of the position.<\/p>\n b.\u00a0 Provisional – an appointment issued to an appointee who meets all the requirements of the position except the eligibility but only in the absence of a qualified eligible actually available who is willing to accept the appointment, as certified by the Schools Division Superintendent. It shall not be effective beyond the school year during which it was issued. The appointment may be subject to reappointment (renewal). Scholar-graduates of the Merit Scholarship Program of the Department of Science and Technology – Science Education Institute (DOST-SEI) shall be allowed to teach on provisional status, which appointment may be renewed every school year but not to exceed four (4) years.<\/p>\n c.\u00a0 Temporary – an appointment issued to an appointee who meets all the requirements of the position except the education but only in the absence of applicants who possess the minimum educational qualification, as certified by the Schools Division Superintendent. It shall not be effective beyond the school year during which it was issued. The appointment may be subject to reappointment (renewal).<\/p>\n d.\u00a0 Substitute – an appointment issued to an appointee when the regular incumbent of the position is temporarily unable to perform the duties of the position. It shall be effective until the return of the incumbent.<\/p>\n \u00a0Appointees to substitute teaching positions shall be required to possess R.A. No. 1080 (Teacher) eligibility.<\/p>\n e.\u00a0 Contractual – an appointment issued to an appointee who shall teach specialized subjects in secondary education on part-time basis. The inclusive period shall be indicated on the appointment for purposes of crediting services.<\/p>\n Appointees to contractual teaching positions for specialized subjects shall not be required to possess R.A. No. 1080 (Teacher) eligibility.<\/p>\n With respect to madaris asatidz, their different status of employment will be determined by the Bangsamoro Education Code.<\/p>\n Article 37<\/strong>. Nature of Appointment. The nature of appointment shall be, as follows: original, promotion, transfer, reemployment, reappointment, reinstatement, demotion, and reclassification.<\/p>\n Article 38<\/strong>. Original. Original appointment is the initial entry into the career or non-career service.<\/p>\n Article 39.<\/strong> Promotion. Promotion is the advancement of a career 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. Promotion may be from one agency to another or from one organizational unit to another within the same agency. Provided, however, That any upward movement from the non-career service to the career service and vice versa shall not be considered as a promotion but as reappointment.<\/p>\n An employee who is promoted to another agency shall notify the head of the agency in writing where he\/she is employed at least 30 days prior to his\/her assumption to the position. It is understood that the employee who is promoted to another agency is cleared from all money, property, and work-related accountabilities.<\/p>\n The pendency of an administrative case against any employee shall not be a bar to promotion.<\/p>\n An employee who has been found guilty of an administrative offense and imposed the penalty of demotion, suspension or fine shall be disqualified for promotion for the same period of suspension or fine. In the case of demotion, the period of disqualification for promotion shall be within one (1) year.<\/p>\n Special promotions based on awards and\/or acts of conspicuous courage and gallantry as provided under special laws, such as Sec. 6, R.A. No. 6713, Sec. 10 of R.A. No. 9263 as amended by R.A. No. 9592, and Executive Order (E.O.) No. 508, as amended by E.O. No. 77, shall be exempt from qualification requirements but subject to specific validation requirements as provided under the above-said special laws or their implementing rules and regulations.<\/p>\n Article 40.<\/strong> Transfer. Transfer is the movement of employee from one position to another which is of equivalent rank, level or salary without gap in the service involving the issuance of an appointment.<\/p>\n The transfer may be from one organizational unit to another in the same agency or from one department or agency to another: Provided, however, That any movement from the non-career service to the career service and vice versa shall not be considered as a transfer but reappointment.<\/p>\n An employee who seeks transfer to another office shall notify the head of the agency in writing where he\/she is employed at least 30 days prior to the effective date of his\/her transfer. The head of the agency shall notify the employee in writing of the approval of the request to transfer within 30 days from date of notice.<\/p>\n If the request to transfer of an employee is not granted by the head of the agency where he\/she is employed, it shall be deemed approved after the lapse of 30 days from the date of notice without the need to notify the employee concerned.<\/p>\n It is understood that the employee who seeks to transfer is cleared from all money, property and work-related accountabilities.<\/p>\n If, for whatever reason, the employee fails to transfer on the specified date, he\/she shall be deemed resigned. However, should the employee opt to remain in the same agency before the specified date of transfer, the employee may be reappointed if there is no gap in the service or reemployed if there is gap in the service. In both cases, the employee shall undergo the usual hiring process.<\/p>\n Article 41.<\/strong> Reemployment. Reemployment is the appointment of a person who has been previously appointed to a position in the government service but was separated therefrom as a result of reduction in force, reorganization, retirement, voluntary resignation, or any non-disciplinary action such as dropping from the rolls and other modes of separation. Reemployment presupposes a gap in the service.<\/p>\n No prior authority from the Commission shall be required for the reemployment of a person who has been previously retired or resigned and who has not reached the compulsory retirement age of 65.<\/p>\n Article 42.<\/strong> Reappointment. Reappointment is the issuance of an appointment as a result of reorganization, devolution, salary standardization, re-nationalization, recategorization, rationalization or similar events, including the following:<\/p>\n In the same manner, personal or coterminous staff of officials whose term of office ended and are subsequently absorbed or rehired by the succeeding official without gap in their service shall be issued new appointments, the nature of which is reappointment.<\/p>\n Reappointment presupposed no gap in the service.<\/p>\n If the request to transfer of an employee is not granted by the head of the agency where he\/she is employed, it shall be deemed approved after the lapse of 30 days from the date of notice without the need to notify the employee concerned.<\/p>\n It is understood that the employee who seeks to transfer is cleared from all money, property and work-related accountabilities.<\/p>\n If, for whatever reason, the employee fails to transfer on the specified date, he\/she shall be deemed resigned. However, should the employee opt to remain in the same agency before the specified date of transfer, the employee may be reappointed if there is no gap in the service or reemployed if there is gap in the service. In both cases, the employee shall undergo the usual hiring process.<\/p>\n Article 43.<\/strong> Reinstatement (to comparable position). Reinstatement to comparable position is the restoration of a person, as a result of a decision, to a career position from which he\/she has, through no delinquency or misconduct, been separated but subject position is already abolished, requiring the issuance of an appointment to a comparable position to the separated employee.<\/p>\n However, reinstatement (to the same position\/item), which involves the restoration of a person, as a result of a decision, to a career position from which he\/she has, through no delinquency or misconduct, been separated from the service and subject position is still available, does not need the issuance of an appointment.<\/p>\n Article 44.<\/strong> Demotion. Demotion is the movement of an employee from a higher position to a lower position where he\/she qualifies, if a lower position is available. The demotion entails reduction in duties, responsibilities, status or rank, which may or may not involve a reduction in salary.<\/p>\n In cases where the demotion is due to reorganization or rationalization, the employee shall be allowed to continue to receive the salary of the higher position.<\/p>\n In cases where the demotion is voluntary or at the instance of the employee, he\/she shall be allowed to receive the same step of the salary grade of the position where he\/she voluntarily sought to be appointed. A written consent shall be secured from the demoted employee.<\/p>\n Article 45.<\/strong> Reclassification. Reclassification is a form of staffing modification and\/or position classification action which is applied only when there is a substantial change in the regular duties and responsibilities of the position. This may result in a change in any or all of the position attributes: position title, level and\/or salary grade. It generally involves a change in the position title and may be accompanied by an upward or downward change in salary. Reclassification is the generic term for changes in staff\/position classification which includes upgrading, downgrading, and categorization.<\/p>\n Reclassification of position requires the issuance of an appointment but the same is ministerial on the part of the appointing officer\/authority.<\/p>\n The appointment of an incumbent (permanent employee) whose position was reclassified shall be approved\/validated, regardless of whether he\/she meets the qualification requirements of the position involved. The incumbent of the reclassified position has a vested right to the reclassified position but he\/she shall not be promoted unless he\/she meets the qualification requirements of the next higher position.<\/p>\n In LGUs, no reclassification shall be allowed except when the position is actually vacant.<\/p>\n Article 46.<\/strong> Notice of Change or Human Resource Movement. Adjustments or movements of human resource which do not involve changes in position title, rank or status shall not require the issuance of an appointment. A notice of such change or movement shall be issued to the employee. A copy thereof shall be kept in the employee\u2019s 201 File and another copy shall be submitted to the CSC for BARMM for record purposes.<\/p>\n The adjustments or movements of human resource shall include the following:<\/p>\n In case of promotion or separation from the service through retirement, resignation, transfer, death of the incumbent, the position marked as CTI shall automatically be abolished.<\/p>\n Chapter III<\/strong> Article 47.<\/strong> Human Resource Actions. The following human resource actions which will not require the issuance of an appointment shall nevertheless require an Office Order issued by the appointing officer\/authority: reassignment, detail and designation.<\/p>\n Article 48.<\/strong> Reassignment. Reassignment is the movement of an employee across the organizational structure within the same agency, which does not involve a reduction in rank, status or salary.<\/p>\n Reassignment shall be governed by the following:<\/p>\n The reassigned employee who is restored to his\/her original post\/assignment pursuant to the decision of the Commission shall not be reassigned within one (1) year reckoned from the date of restoration to the original post\/assignment. Otherwise, the appointing officer\/authority or the authorized official who caused the subsequent reassignment within one (1) year from the date of restoration may be cited for indirect contempt by the Commission.<\/p>\n An appointment is considered station-specific when: (a) the particular office or station where the position is located is specifically indicated on the face of the appointment paper; or (b) the position title already specifies the station, such as HRMO, Accountant, Budget Officer, Assessor, Social Welfare and Development Officer (SWDO), and such other positions with organizational unit\/station-specific function. Such position titles are considered station-specific even if the place of assignment is not indicated on the face of the appointment.<\/p>\n 2.\u00a0 If an appointment is not station-specific, the one-year maximum period of reassignment within the geographical location of the agency shall not apply. However, the employee concerned may request for a recall of the reassignment citing his\/her reasons why he\/she wants to go back to his\/her original station. The reassignment may also be revoked or recalled by the appointing officer\/authority or be declared not valid by the Commission or a competent court, on appeal.<\/p>\n 3.\u00a0 Reassignment is presumed to be regular and made in the interest or exigency of public service unless proven otherwise or if it constitutes constructive dismissal. Constructive dismissal exists when an official or employee quits his\/her work because of the agency head\u2019s unreasonable, humiliating, or demeaning actuations, which render continued work impossible because of geographic location, financial dislocation and performance of other duties and responsibilities inconsistent with those attached to the position. Hence, the employee is deemed illegally dismissed. This may occur although there is no diminution or reduction in rank, status or salary of the employee.<\/p>\n Reassignment that constitutes constructive dismissal may be any of the following:<\/p>\n Reassignment that results in constructive dismissal must be sufficiently established.<\/p>\n 4.\u00a0 The employee may appeal the reassignment order within 15 days upon receipt thereof to the Commission or CSC for BARMM as provided under specific law, if he\/she believes there is no justification for the reassignment. Pending appeal, the reassignment shall not be executory. The Decision of the CSC for BARMM may be further appealed to the Commission within 15 days from receipt thereof.<\/p>\n 5.\u00a0 Reassignment of public health workers, public social workers, public school teachers and all other professions covered by special laws shall be governed by their respective laws. However, the rules herein mentioned shall be applied suppletorily.<\/p>\n Article 49.<\/strong> Detail. Detail is the temporary movement of an employee from one agency to another which does not involve a reduction in rank, status or salary.<\/p>\n Detail shall be governed by the following rules:<\/p>\n With respect to the administrative case arising from acts done by the employee in the receiving agency, said agency shall have the right to initiate or file the complaint against the detailed employee subject to the provisions of the 2017 Rules on Administrative Cases in the Civil Service (RACCS); and<\/p>\n j.\u00a0 All human resource actions and movements, including monetization of leave credits, concerning the detailed employee, shall still be under the jurisdiction of the parent agency notwithstanding that the employee is detailed in another agency.<\/p>\n Article 50.<\/strong> Designation. Designation is the movement that involves an imposition of additional and\/or higher duties to be performed by a public official\/employee which is temporary and can be terminated anytime at the pleasure of the appointing officer\/authority. Designation may involve the performance of the duties of another position on a concurrent capacity or on full-time basis.<\/p>\n A designation in an acting capacity entails not only the exercise of the ministerial functions attached to the position but also the exercise of discretion since the person designated is deemed to be the incumbent of the position.<\/p>\n Officials designated as Officer-in-Charge (OIC) enjoy limited powers which are confined to functions of administration and ensuring that the office continues its usual activities. The OIC may not be deemed to possess the power to appoint employees as the same involves the exercise of discretion which is beyond the power of an OIC, unless the designation order issued by the proper appointing officer\/authority expressly includes the power to issue appointment.<\/p>\n Designation shall be governed by the following rules:<\/p>\n Article 51<\/strong>. Probationary Period. Original appointees in the career service with permanent status of appointment shall undergo a probationary period for six (6) months or depending on the requirement of the position, with a thorough assessment of his\/her performance and character. Probationary period refers to the period of actual service following the issuance of a permanent appointment wherein the appointee undergoes a thorough character investigation and assessment of capability to perform the duties of the position enumerated in the PDF.<\/p>\n During this period, the appointee shall take: (a) a general orientation provided by the agency; and (b) a mandatory onboarding training, for first and second level positions, provided by DAB or a mandatory executive coaching, for second level positions performing executive\/managerial functions, also provided by DAB.<\/p>\n The probationary period shall cover the following employees:<\/p>\n A notation that the appointee is under probation for a specified period shall be indicated in the appointment issued.<\/p>\n The following employees shall be exempted from undergoing probationary period:<\/p>\n a) Teachers who, prior to issuance of permanent appointments, have acquired adequate training and professional preparation in any school recognized by the government, and possess the appropriate civil service eligibility pursuant to Section 4 of R.A. No. 4670;<\/p>\n b) First-time appointees to closed career positions in SUCs, and scientific and research institutions if so provided under their agency Charters; and<\/p>\n c) Appointees to positions exempted from the probationary period as may be provided by law.<\/p>\n Article 52.<\/strong> Review and Monitoring of Employee\u2019s Performance. To facilitate the review and monitoring of employee performance, the performance targets and work output standards of a probationer shall be set, agreed upon and duly signed by the probationer, the immediate supervisor (rater), and the head of agency within five (5) days upon appointee’s assumption to duty.<\/p>\n The appointee’s performance during the probationary period shall be reviewed as follows:<\/p>\n a. The immediate supervisor (rater) shall regularly gather feedback on the appointee\u2019s performance, and conduct feedback sessions to determine appropriate interventions to improve the appointee’s performance;<\/p>\n b. The performance appraisal\/evaluation shall be done at least twice during the probationary period and within every three (3) months or six (6) months, depending on the duration of the probationary period, as required by the position;<\/p>\n c. The performance review shall be conducted within 10 days before the end of every rating period during the probationary period.<\/p>\n d. The critical factors to be reviewed shall be based on the performance dimensions indicated in the agency Strategic Performance Management System (SPMS) and may include competency (knowledge, skills and attitude), and job-related critical incidents, such as habitual tardiness and continuous absence from work;<\/p>\n e. The performance evaluation report shall be reviewed and certified by the agency Performance Management Team (PMT) or any duly constituted review committee; and<\/p>\n f. The probationers shall be furnished with copies of the records of feedback, job-related critical incidents, and performance evaluation reports with comments on their capability to meet the performance targets and work output standards and\/or recommendation for the continuity of the permanent appointment of the probationer. Corresponding copies shall be included in the 201 File of the appointees.<\/p>\n Article 53<\/strong>. Termination for Unsatisfactory Conduct or Want of Capacity. The services of the appointee can be terminated for unsatisfactory conduct or want of capacity before the end of the second performance review on the sixth (6th) month or depending on the duration of the probationary period as required by the position.<\/p>\n Unsatisfactory conduct or behavior refers to the failure of the appointee to observe propriety in his\/her acts, behavior and human\/public relations, and to irregular punctuality and attendance while performing their duties and responsibilities during the probationary period. This may include cases of neglect of duty, misconduct, insubordination, habitual tardiness and absenteeism.<\/p>\n On the other hand, want of capacity shall refer to the failure of the appointee during the probationary period to perform the duties and responsibilities based on standards of work outputs agreed upon and reflected in the duly signed performance targets despite the developmental intervention provided by the immediate supervisor.<\/p>\n The appointee shall be issued a notice of termination of service by the appointing officer\/authority within 15 days immediately after it was proven that he\/she demonstrated unsatisfactory conduct or want of capacity before the end of the second performance review on the sixth (6th) month or depending on the duration of the probationary period. Such notice shall state, among other things, the reasons for the termination of service and shall be supported by at least two of the following:<\/p>\n 1.\u00a0 Performance Evaluation Report;<\/p>\n 2.\u00a0 Report of the concerned HRMO that the employee failed to attend the mandatory on boarding training\/ mandatory executive coaching;<\/p>\n 3.\u00a0 Report of the immediate supervisor (rater) on job-related critical and unusual incidents and on unsatisfactory conduct or behavior of the appointee; or<\/p>\n 4.\u00a0 \u00a0Other valid documents that may support the notice of termination of service.<\/p>\n The notice of termination of service shall be executory after 15 days from receipt of the employee concerned. The same may be appealed to the Commission, within 15 days from receipt of notice but shall be executory pending appeal. A copy of the notice of termination of service shall be included in the 201 File of the appointee and furnished the CSC for recording in the Service Card.<\/p>\n If no notice of termination of office is given by the appointing officer\/authority to the employee before the expiration of the six-month or depending on the duration of the probationary period, the probationer becomes a regular employee of the agency concerned.<\/p>\n Article 54<\/strong>. Effectivity and Submission of Appointments. An appointment issued in accordance with pertinent laws and rules shall take effect immediately on the date it was signed by the appointing officer\/authority. The date of signing shall be indicated below the signature of the appointing officer\/authority in the appointment form.<\/p>\n The date of the appointment shall not fall on a Saturday, Sunday or holiday, except in cases where the date of issuance is specifically provided in a special law such as in the appointment of personal and confidential staff of Constitutional officials and elective officials and where the service should not constitute a gap such as in transfer and reappointment.<\/p>\n If the appointee has taken his\/her oath of office and assumed the duties of the position, he\/she shall be entitled to receive his\/her salary at once without awaiting the approval\/validation of his\/her appointment by the Commission. The appointment shall remain effective until disapproved\/invalidated by the Commission. In no case shall an appointment take effect earlier than the date it was signed except in cases authorized by law.<\/p>\n No official or employee shall be required to assume the duties and responsibilities of the position without being furnished with a copy of his\/her appointment by the HRMO after it is signed by the appointing officer\/authority. The appointee shall acknowledge receipt of the appointment by signing on the acknowledgment portion at the back of the appointment form.<\/p>\n The appointment of officials or employees who are on official leave of absence, training or scholarship grant, shall be effective upon assumption or upon return from official leave of absence, scholarship or training.<\/p>\n Article 55<\/strong>. Concurrence of Local Sangguanian in Appointments Issued by Local Government Units Required. In the case of LGUs, the appointment issued by the appointing officer\/authority to a department head position requires the concurrence of the majority of all the members of the local sanggunian. The appointing officer\/authority shall submit the appointment to the local sanggunian for concurrence within seven (7) calendar days upon issuance. Failure to submit the appointment to the sanggunian within the prescribed period may render the person\/s responsible administratively liable.<\/p>\n If the sanggunian does not act on the appointment within 15 calendar days from the date of its submission, said appointment shall be deemed concurred.<\/p>\n The effectivity date of the appointment shall be the date of the signing of the appointing officer\/authority which shall end the moment the local sanggunian rejects or disapproves it. The services rendered after the rejection shall not be considered government service and the payment of salaries shall be the liability of the appointing officer\/authority.<\/p>\n In case the appointment is not submitted to the local sanggunian for concurrence and the same is later on disapproved or invalidated by the Commission, the appointment shall not be considered effective from the date of issuance.<\/p>\n Article 56.<\/strong> Submission of Appointment to the Commission. An appointment shall be submitted to the Commission within 30 calendar days from the date of issuance. In case of appointments issued by accredited\/deregulated agencies, the Report on Appointments Issued (RAI) together with the original CSC copy of appointments issued during the month and the required attachments shall be submitted on or before the 30th day of the succeeding month.<\/p>\n The delay in the submission of appointment or RAI to the CSC shall not be taken against the appointee. The effective date of appointment shall not be adjusted based on the delay. Thus, the original date of appointment shall be retained. However, the responsible official\/s who caused the delay in the submission or non-submission of the appointment may be held administratively liable for neglect of duty.<\/p>\n Furthermore, the delay in the submission or non-submission of RAI may be reflected by the CSC for BARMM Director as a critical incident in the Agency Capability Evaluation Card (ACEC) and may result in the revocation of the accredited\/deregulated status of the agency.<\/p>\n The appointee, whose appointment was submitted to the Commission beyond the prescribed 30-day period shall be entitled to the payment of salary from the government immediately following the effectivity of the appointment and assumption to duty. The services rendered by the appointee shall be credited as government service.<\/p>\n Article 57.<\/strong> Cancellation of Appointment for Failure to Assume Office. An appointment issued by the appointing officer\/authority may be cancelled if the appointee does not assume office or report within 30 calendar days from receipt of the written notice of the appointment.<\/p>\n The cancellation of the appointment shall be reported to the Commission\/CSC for BARMM for record purposes. The position is automatically deemed vacant upon cancellation of the appointment by the appointing officer\/authority without the need for an approval or declaration by the Commission. The appointing officer\/authority may select from among the top-ranking candidates for the position or order the re-publication of the vacant position pursuant to R.A. No. 7041.<\/p>\n Officials or employees who are on official leave of absence, training or scholarship grant, whose appointment shall be effective upon assumption or upon return from official leave of absence, scholarship or training, shall be exempt from this provision.<\/p>\n If the appointee is not allowed to assume office by the appointing officer\/authority or other officials concerned despite his\/her receipt of the appointment, or submission thereof to the Commission for approval, the official\/s or employee\/s who caused the non-assumption of the appointee shall be held administratively liable therefor.<\/p>\n Article 58.<\/strong> Reckoning of Temporary Appointment. In the case of temporary appointment, the 12-month period of its effectivity shall be reckoned from the date of the issuance of the appointment and not from the date the appointee assumed the duties of the position.<\/p>\n Article 59.<\/strong> Assumption to Office Without Appointment First Issued. The services rendered by any person who was required to assume the duties and responsibilities of any position without an appointment having been issued by the appointing officer\/authority shall not be credited nor recognized by the Commission and the payment of salaries and other benefits shall be the personal liability of the person who made him\/her assume office.<\/p>\n Article 60.<\/strong> Actual Assumption of Duties as Basis for Payment of Salary and Determination of Service Rendered. The date of the actual assumption of duties of the appointee, as indicated in the Certification of Assumption to Duty in the CSC prescribed form shall be the basis for the payment of his\/her salary and determination of service rendered in government. This shall be submitted to the Commission\/CSC for BARMM for proper notation in the service card of the appointee.<\/p>\n Chapter IV<\/strong> Article 61.<\/strong> Publication and Posting Requirements of Vacant Positions. Vacant positions in the career service, including vacant executive\/managerial positions in the second level that are authorized to be filled, together with their corresponding qualification standards and plantilla item numbers, shall be published and posted in the place where the hiring agency is located, including the region, province, or city\/municipality in three (3) conspicuous places for a period of at least 10 calendar days for vacancies in the Bangsamoro agencies, SUCs, and GOCCs with original charters in accordance with R.A. No. 7041 and its implementing guidelines, and not less than 15 calendar days for LGUs pursuant to Section 80 (a), Title Three, Book I, R.A. No. 7160 or a law to be passed by the Parliament.<\/p>\n Article 62<\/strong>. Submission of the List of Vacancies to the Civil Service Commission for Bangsamoro Autonomous Region in Muslim Mindanao. All Agencies shall submit a list of their vacant positions authorized to be filled and their corresponding qualification standards and plantilla item numbers in the CSC prescribed form in electronic and printed copies to the CSC for BARMM. The printed and the electronic copies shall be forwarded to the CSC for BARMM for publication.<\/p>\n Any incorrect information in the publication of vacant positions, i.e., item number, position title or qualification standards shall be a ground for the disapproval\/invalidation of appointments.<\/p>\n Article 63.<\/strong> Positions Exempt from Publication and Posting. The following positions are exempt from the publication and posting requirements:<\/p>\n \u2981 Primarily confidential;<\/p>\n \u2981 Policy-determining;<\/p>\n Article 64.<\/strong> Vacant Generic Positions. The qualification standards of the parenthetical title should be used in the publication of vacant generic positions.<\/p>\n Article 65<\/strong>. Positions Occupied by Holders of Temporary Appointments. All positions occupied by holders of temporary appointments, except positions under Category II of CSC MC No. 11, s. 1996, as amended, shall be continuously posted in three (3) conspicuous places in the agency and published in the CSC Bulletin of Vacant Positions until filled by permanent appointees.<\/p>\n Article 66.<\/strong> Validity of Publication. The publication of a particular vacant position shall be valid until filled but not to extend beyond nine (9) months reckoned from the date the vacant position was published.<\/p>\n Should no appointment be issued within the nine (9) month period, the agency has to cause the re-publication and re-posting of the vacant position.<\/p>\n Article 67.<\/strong> Publication of Anticipated Vacancies. Anticipated vacancies may be published in case of retirement, resignation, or transfer. The publication should not be earlier than 30 days prior to retirement, resignation, or transfer.<\/p>\n Chapter V<\/strong> Part I. General Policies<\/strong><\/p>\n Article 68.<\/strong> Qualification Standards Defined. The qualification standards are the minimum and basic requirements for positions in the government in terms of education, training, experience, Civil Service eligibility, physical fitness and other qualities required for successful performance of the duties of the position. These shall serve as the basic guide in the selection of the employees and in the evaluation of appointments to all positions in the government.<\/p>\n The establishment, administration and maintenance of qualification standards shall be the responsibility of the agency, with the assistance and approval of the Commission.<\/p>\n Agencies are encouraged to set specific or higher standards for their positions, including the required competencies. These standards shall be submitted to the Commission for approval, and once approved, the agency shall uniformly and consistently adopt these in the selection and appointment of employees. The approved qualification standards shall be adopted by the Commission in the attestation of appointments of the agency concerned.<\/p>\n Article 69.<\/strong> Qualification Standards Established and Approved by the Commission. Qualification standards shall be established for all positions in the IOS, Position Titles and Salary Grades or positions subsequently created and approved in accordance with existing laws, policies, rules and regulations. Qualification standards which have been established and approved by the Commission for positions in a particular sector may be adopted for the same position titles in other government sectors without need for prior approval of the Commission.<\/p>\n Article 70<\/strong>. Agency Positions to be Included in Qualification Standards Manual. All agency positions should be included in the approved Qualification Standards Manual of the agency concerned, or if unique to the agency, should have a qualification standards approved\/confirmed by the Commission.<\/p>\n An appointment to a position without an approved\/confirmed qualification standard by the Commission, as the case may be, shall be disapproved\/invalidated.<\/p>\n Article 71<\/strong>. Qualification Standards for Certain Positions that are Prescribed by a Special Law. The qualification standards for department head and assistant department head positions (mandatory or optional) in LGUs, considered as executive\/managerial positions, shall be those prescribed by R.A. No. 7160 and other special laws. For newly created department head and assistant department head positions, the qualification standards shall be equivalent or comparable to those prescribed by R.A. No. 7160.<\/p>\n Article 72.<\/strong> Career Service Positions\u2019 Appointees to Meet the Prescribed Minimum Requirements. Appointees to career service positions must meet the education, training, experience, eligibility, and competency requirements prescribed in the Qualification Standards manual or CSC-approved agency qualification standards for their positions at the time of the issuance of the appointment.<\/p>\n Article 73.<\/strong> Position Description Form. Qualification standards for positions, which may include competencies (knowledge, skills, and attitudes), shall be established based on the set of duties and responsibilities indicated in the PDF.<\/p>\n Article 74.<\/strong> Casual, Contractual, and Coterminous Positions. Appointees to casual, contractual, and coterminous positions that are not primarily confidential in nature must meet the education, training and experience requirements of the positions as proposed by the respective agency heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these non-career appointments.<\/p>\n Eligibility is not required for appointment to casual, contractual, and coterminous positions but preference should be given to civil service eligibles. However, if the duties of the position involve the practice of a profession regulated by the Philippine Bar\/Board or special laws, and\/or require licenses such as those required for positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, the corresponding professional license and\/or certificate of registration shall be required.<\/p>\n Article 75.<\/strong> Primarily Confidential or Personal Staff. Appointees to primarily confidential\/personal staff positions are exempt from the qualification requirements, except those whose duties involve the practice of a profession regulated by the Philippine Bar\/Board laws and\/or require licenses such as those required for positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, and those specifically required by a special law, such as the positions of Provincial\/City\/Municipal Administrator, Information Officer and Legal Officer required under specific provisions of the 1991 Local Government Code to have \u201cfirst grade civil service eligibility” or its equivalent and R.A. No. 1080 (Bar) eligibility, respectively.<\/p>\n Article 76<\/strong>. Reappointment to the same or Comparable Positions. Incumbents of positions under permanent status who are reappointed to the same or comparable positions during reorganization, rationalization or recategorization and other similar events are considered as having met the qualification standards for the position.<\/p>\n Article 77<\/strong>. Division Chief and Executive Managerial Positions. The qualification standards for division chief and executive managerial positions shall primarily take into consideration education, experience, training, eligibility and leadership competencies.<\/p>\n Article 78<\/strong>. Madaris Asatidz. In the case of madaris asatidz, the Commission shall promulgate rules and regulations to set the standards for their qualifications, appointments, and promotions as provided for in the Bangsamoro Education Code. Pending the enactment thereof, the Commission shall base such rules and regulations on the recommendations of the Ministry of Basic, Higher and Technical Education (MBHTE).<\/p>\n Article 79.<\/strong> Requirements in case of Request for Approval of Qualification Standards. An agency which requests approval of qualification standards for particular position\/s shall comply with the following requirements:<\/p>\n a.\u00a0 Endorsement letter by the Agency Head;<\/p>\n b. Charter of the agency;<\/p>\n c.\u00a0 Organizational and Functional Chart of the Office or unit where the position\/s belong;<\/p>\n d. Plantilla of Positions or Staffing Pattern approved by the concerned agency of the Bangsamoro Government;<\/p>\n \u00a0e. Statement of duties and responsibilities of the position indicated in the PDF or Job Description (JD) certified by the agency\u2019s HRMO;<\/p>\n f.\u00a0 If the position is newly created:<\/p>\n g.\u00a0 Proposed qualification standards (in printed and electronic copy).<\/p>\n Part II. Education<\/strong><\/p>\n Article 80<\/strong>. Education Defined. Education refers to the formal or non-formal academic, technical, and vocational studies that will enable the candidate to successfully perform the duties and responsibilities indicated in the PDF of the position to be filled. This includes madaris education as may be defined in the Bangsamoro Education Code.<\/p>\n Article 81.<\/strong> Completion of Non-formal Education. Certificates of completion of non-formal education issued by the MBHTE or Department of Education (DepEd) shall be considered valid documents for appointment to positions requiring completion of elementary or high school education, provided, that other requirements of the positions are met.<\/p>\n Article 82<\/strong>. Two-Year Studies as a Requirement. For one to meet the two-year studies in college requirement in the Qualification Standards Manual, one must have earned from an MBHTE or Commission on Higher Education (CHED)-recognized institution at least 72 (non-K12 program) academic units leading to a degree, has completed a relevant two-year collegiate\/technical course or those who have graduated from K-12 program.<\/p>\n Article 83<\/strong>. Certificate of Completion of Bachelor\u2019s Degree. Certificates issued by the schools deputized by the MBHTE or CHED on having completed a bachelor\u2019s degree under the Expanded Tertiary Education Equivalency and Accreditation Program shall be considered valid documents for meeting the education requirement for positions requiring completion of a bachelor’s degree.<\/p>\n
\n(SECOND REGULAR SESSION)
\n<\/strong><\/p>\n
\nPROVIDING FOR THE BANGSAMORO CIVIL SERVICE CODE OF THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO (BARMM)<\/strong><\/p>\n
\nPRELIMINARY TITLE<\/strong><\/p>\n
\nGENERAL PROVISIONS<\/strong><\/p>\n\n
\n
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\nSCOPE OF THE BANGSAMORO CIVIL SERVICE<\/strong><\/p>\n\n
\n
\n
\nHUMAN RESOURCE POLICIES AND STANDARDS<\/strong><\/p>\n
\nQUALIFICATIONS OF NON-ELECTIVE POSITIONS<\/strong><\/p>\n
\nGENERAL POLICIES AND PROCEDURES ON APPOINTMENTS<\/strong><\/p>\n\n
\n
\nEMPLOYMENT STATUS<\/strong><\/p>\n\n
\nAppointments to positions which are coterminous with the lifespan of the agency need not be renewed annually. The lifespan of the agency shall be indicated on the appointment. However, if the performance of the appointee is below Satisfactory, the appointing officer\/authority may terminate the services of, or replace the appointee after giving the latter a notice of at least 30 days prior to the date of termination of the appointment.<\/p>\n\n
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\nOTHER HUMAN RESOURCE ACTIONS<\/strong><\/p>\n\n
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\nVACANCY<\/strong><\/p>\n\n
\nQUALIFICATION STANDARDS<\/strong><\/p>\n\n