2. Appointments to the Civil Service

L. The Civil Service

• Scope
• Appointments to the Civil Service
• Personnel Actions

Coverage of the Civil Service

All branches, subdivisions, instrumentalities, and agencies of the government including GOCC with original charters.

Authority of the Civil Service Commission

• Limited to reviewing appointments on the basis of the Civil Service Law.
• The CSC reviews whether an appointment complies with civil service laws and rules, including eligibility and qualification requirements; it cannot choose the appointee for the appointing authority.

Limitations to the power to appoint (of who?)

• The power does not include authority to make the appointment itself or to direct the appointing authority to change the employment status of an employee.
• No authority to revoke appointment simply because it believed that another person is better qualified.
• No power to pass upon the qualifications or tenure of the appointing officer or declare the latter’s position vacant for an act that produced forfeiture of his office
• Cannot change the tenure of office granted to appointee such as where the appointing authority indicated permanent appointment but CSC approved as temporary such appointment.

Levels of Positions

• 1st level: clerical, trades, crafts and custodial service positions involving non-professional/subprofessional in a non-supervisory or supervisory capacity requiring less than 4 years of collegiate studies.
• 2nd level: professional, technical and scientific positions in a non-supervisory/supervisory capacity requiring at least 4 years of college work up to division chief level.
• 3rd level: career executive service positions

The PEZA Department Manager II position in Agyao was not a third-level Career Executive Service position requiring presidential appointment. For said reason, a PEZA department manager only needs the approval of the PEZA Director-General to validate his appointment or re-appointment. As he need not possess a CESO or CSEE eligibility, the CSC has no valid and legal basis in invalidating his appointment or re-appointment. (Agyao v. CSC, G.R. 182591, 2011)

Appointments in the Civil Service

General Rule: Made only according to merit and fitness to be determined, as far as practicable, by competitive examination

Includes the following: (PART R2D2)

• Appointment through certification
• Promotion
• Transfer
• Reinstatement
• Reemployment
• Detail
• Reassignment
• Demotion

It is the CSC which is empowered to look into the validity of creation of positions and appointments of personnel appointed by the Mayor whose appointments were confirmed by the CSC. There being a valid appointment confirmed by CSC and the concerned personnel having rendered services, payment of their salaries is proper and legal. (Tolentino v. Loyola, G.R. 153809, 2011)

Requisites for Valid Appointment

• Authority to appoint and evidence of its exercise;
• Transmittal of the appointment and proof of it
• Vacant position at the time of appointment;
• Receipt of the appointment and
• acceptance by the appointee who possesses all the qualifications and none of the disqualifications. (Velicaria-Garafil v. OP, G.R. No. 203372, June 16, 2015).