2016 Updates On CSC Law and Rules CSC Ascomm A Ronquillo
2016 Updates On CSC Law and Rules CSC Ascomm A Ronquillo
2016 Updates On CSC Law and Rules CSC Ascomm A Ronquillo
and Rules
Presented by:
Atty. ARIEL G. RONQUILLO
Assistant Commissioner
Civil Service Commission
2016 Omnibus Rules on Appointments
and Other Human Resource Actions
These rules shall apply only to employees appointed to first and second
level positions, including executive/managerial positions, in the career and
non-career service.
SALIENT FEATURES
RULE III
CSC Form No. 33-A and B (Appointment Form) is also in English language. At the back of the 33-
B form, the notation portion is improved as it is now CSC/HRMO Notation on the action taken
on the appointments which will serve as tracking or monitoring of the status of appointment
issued.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
For CS Form No. 212, Revised 2016, there are some information added in the Personal Data Sheet
such as the data on dual citizenship.
Policy Governing the Filing and Taking of
Civil Service Examinations of Those Holding
Dual Citizenship
MC No. 07, s. 2015
The Commission has resolved that Filipinos who have been naturalized
citizens of a foreign country shall be allowed to apply for and take any of
the Civil Service Examinations (CSEs) being administered by the CSC.
The applicants shall be required to present the original and submit a copy
of their Certification of Retention/Reacquisition of Philippine Citizenship
from the Bureau of Immigration when applying to take the CSEs.
Policy on Employment in the Government
Service of Filipino Citizens with Dual
Citizenships
MC No. 23, s. 2016
A person with dual citizenship shall not be appointed in the government
unless he/she renounces his/her citizenship pursuant to the provisions
of Republic Act No. 9225. However, if after renunciation, the person
continues to use his/her foreign passport for whatever purposes, he/she shall
not be considered for appointment in the government service.
Oath of Office has been included in the common requirements. Under CSC MC 40, s. 1998
submission of oath of office is not included. However, perusal of CSC MC 16, s. 2004 shows that
the Commission enjoined all heads of agencies to furnish the CSC with copies of appointments
and oaths of office.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
MC No. 40, s. 1998, AS AMENDED 2016 OMNIBUS RULES ON APPOINTMENTS
AND OTHER HUMAN RESOURCE ACTIONS
RULE VIII. Sec. 1.
c. CLEARANCES. The NBI Clearance is required RULE II. Sec. 3.
for original appointment and reemployment. d. CLEARANCES. A valid National Bureau of
Investigation (NBI) Clearance
In case of transfer and reemployment, is required for original appointment and
clearance from financial obligation and reemployment.
property accountability from the appointees
former office is required. In case of transfer, promotion (from one
department/agency to another
department/agency) and reemployment,
clearance from money, property and work-
related accountabilities from the appointee's
former office is required.
The office clearance required for transfer, promotion from one department/agency to another,
and reemployment shall include clearance from work-related accountabilities.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
2016 OMNIBUS RULES ON APPOINTMENTS AND
OTHER HUMAN RESOURCE ACTIONS
MC No. 40, s. 1998, AS AMENDED
Under the co-terminous with the appointing officer/authority and with the head of
organizational unit where assigned, you will notice that we have specified both the term and
tenure. This is based on the suggestion during the legal consultation.
Based on Topacio Nueno et. al. vs. Angeles, term is distinct from tenure as the former refers to
the time which the officer may claim to hold office. Tenure on the one hand, represents the term
during which the incumbent actually holds the office. Tenure may be shorter than the term for
reasons within or beyond the power of the incumbent.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
2016 OMNIBUS RULES ON APPOINTMENTS
AND OTHER HUMAN RESOURCE ACTIONS
TRANSFER is re-defined for the interest of both the originating and receiving agencies.
As discussed in Rosales, Jr. vs. Mijares (GR No. 154095, Nov. 17, 2004), the request by an
employee to transfer to another office must be such that he intended to surrender his
permanent office. It connotes an absolute relinquishment of an office in exchange for
another office. This means that when an employee receives the approved request to
transfer, said employee has fully relinquished his/her office, for which reason, the originating
agency can already declare the position as vacant.
In 2016 Omnibus Rules, it is added that an employee who opt to remain in the same agency
before the specified date of transfer may be reappointed if there is no gap in the service or
reemployed if there is gap in the service and shall undergo the usual hiring process.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
MC No. 40, s. 1998 2016 OMNIBUS RULES ON APPOINTMENTS AND
OTHER HUMAN RESOURCE ACTIONS
Rule III. Sec 4.
h. RENEWAL refers to the subsequent Rule IV. Sec 3.
appointment issued upon the expiration of e. REAPPOINTMENT - the issuance of an
the appointment of the contractual/casual appointment as a result of reorganization,
devolution, salary standardization,
personnel or temporary appointment if a renationalization, re-categorization, rationalization
qualified eligible is not actually available, as or similar events, including the following:
certified by the Civil Service Regional
The renewal of temporary, contractual and casual
Director or Field Officer. Renewal appointment upon the expiration of the
presupposes no gap in the service. appointment or subsequent appointment of
substitute teachers, which entails no gap in the
service, shall be considered as reappointment. A
temporary appointment may be renewed if there
is no qualified eligible actually available who is
willing to accept the appointment, as certified by
the highest official in charge of human resource
management and provided that the performance
rating of the employee is at least Satisfactory.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
In the 1998 Omnibus Rules, there is a separate definition for Renewal. But since RENEWAL
connotes re-issuance of appointment, it is now considered as REAPPOINTMENT.
Detail is provided a 3-year limit and that detail would require agreement that such will not
result in reduction in rank, status or salary.
RULE V
Probationary Period
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
2016 OMNIBUS RULES ON APPOINTMENTS AND
MC No. 3, s. 2005
Rules on Probationary Period for Permanent OTHER HUMAN RESOURCE ACTIONS
Appointment in the Career Service
RULE V. Sec.3.
Section 12. NOTICE OF TERMINATION OF The appointee shall be issued a notice of
SERVICE. The new appointees or probationers
termination of service by the appointing officer/
shall be issued notice of termination of service
by the appointing authority within ten (10) days authority within fifteen (15) days immediately after
immediately after it was proven that they have it was proven that he/she demonstrated
demonstrated unsatisfactory conduct or want of unsatisfactory conduct or want of capacity before
capacity during the probationary period. the end of the second performance review on the
sixth (6th) month or depending on the duration of
the probationary period.
QUALIFICATION STANDARDS for certain positions prescribed by a special law shall prevail.
QS for department head and assistance department head positions in the LGUs, considered
as executive/managerial positions and for newly-created department and assistant
department head positions are clarified.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
MC No. 12, s. 2003 2016 OMNIBUS RULES ON APPOINTMENTS AND
Revised Policies on Qualification Standards OTHER HUMAN RESOURCE ACTIONS
At least Very Satisfactory service for the last two (2) rating periods in the present
position before being considered for promotion.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
Rule 20
DROPPING FROM THE ROLLS
Section 102. GROUNDS AND PROCEDURE FOR DROPPING FROM THE ROLLS.
Officers and employees who are absent without approved leave, have unsatisfactory or poor
performance, or have shown to be physically or mentally unfit to perform their duties may be
dropped from the rolls within thirty (30) days from the time a ground therefore arises subject to the
following procedures:
1. An officer or employee who is continuously absent without official leave (AWOL) for at least
thirty (30) working days may be dropped from the rolls without prior notice which shall take effect
immediately.
He/she shall, however, have the right to appeal his/her separation within fifteen (15) days from
receipt of the notice to his/her last known address.
2016 Rules on Administrative Cases in the
Civil Service (RACCS)
Rule 20
DROPPING FROM THE ROLLS
Section 102. GROUNDS AND PROCEDURE FOR DROPPING FROM THE ROLLS.
2. If the number of unauthorized absences incurred is less than thirty (30) working days, a written
Return-to-Work order shall be served on the officer or employee at his/her last known address on
record. Failure on his/her part to report to work within the period stated in the order, which shall
not be less than three (3) days, is a valid ground to drop him/her from the rolls.
3. If it is clear under the obtaining circumstances that the officer or employee concerned, has
established a scheme to circumvent the rule by incurring substantial absences though less than
thirty (30) working days, three (3) times in a semester, such that a pattern is already apparent,
dropping from the rolls without notice may likewise be justified.
In the determination of whether the absences incurred are substantial, circumstances that would
affect the delivery of service shall be taken into consideration.
2016 Rules on Administrative Cases in the
Civil Service (RACCS)
Rule 20
DROPPING FROM THE ROLLS
b. Unsatisfactory or Poor Performance
An officer or employee who is given two consecutive unsatisfactory ratings may be dropped from
the rolls after due notice. Notice shall mean that the officer or employee concerned is informed in
writing of his/her unsatisfactory performance for a semester and is sufficiently warned that a
succeeding unsatisfactory performance may warrant his/her separation from the service. Such
notice shall be given not later than thirty days from the end of the semester and shall contain
sufficient information which shall enable the officer or employee to prepare an explanation. This
period shall not apply to probationary employees as defined under Section 4 (q) of this rules.
An officer or employee, who for one evaluation period is rated poor in performance, may be
dropped from the rolls provided he/she has been informed in writing of the status of his/her
performance within 15 days after the end of 3rd month with sufficient warning that failure to
improve his/her performance within the remaining period of the semester shall warrant his/her
separation from the service. Such notice shall also contain sufficient information which shall enable
the officer or employee to prepare an explanation.
2016 Rules on Administrative Cases in the
Civil Service (RACCS)
Rule 20
DROPPING FROM THE ROLLS
An officer or employee who is continuously absent for more than one year by reason of illness may
be declared physically unfit to perform his/her duties may be consequently dropped from the rolls.
An officer or employee who is intermittently absent by reason of illness for at least two hundred
sixty (260) working days during a twenty four-month period may also be declared physically unfit by
the head of office.
An officer or employee who is behaving abnormally and manifests continuing mental disorder and
incapacity to work as reported by his/her co-workers or immediate supervisor and confirmed by a
competent physician, may be declared as mentally unfit and may likewise be dropped from the rolls.
For the purpose of the three preceding paragraphs, notice shall be given to the officer or employee
concerned containing a brief statement of the nature of his/her incapacity to work.
2016 Rules on Administrative Cases in the
Civil Service (RACCS)
Rule 20
DROPPING FROM THE ROLLS
Section 103. WRITTEN NOTICE; Who Signs. The written notice mentioned in the preceding
paragraphs shall be signed by the highest ranking human resource management officer in the
agency upon the recommendation of the person exercising immediate supervision over the officer
or employee. However, the notice of separation shall be signed by the appropriate appointing
authority or head of office.
Section 104. ORDER OF SEPARATION THROUGH DROPPING FROM THE ROLLS; IMMEDIATELY
EXECUTORY The agency shall not entertain motion for reconsideration from the order of
separation through dropping from the rolls. The employee shall appeal directly to the Commission
Proper within fifteen (15) days from receipt of the order. Pending appeal the order of separation is
immediately executory.
Section 105. DROPPING FROM THE ROLLS; NON-DISCIPLINARY IN NATURE- This mode of
separation from the service for unauthorized absences or unsatisfactory or poor performance or
physical or mental incapacity is non-disciplinary in nature and shall not result in the forfeiture of any
benefit on the part of the official or employee or in disqualification from reemployment in the
government.
RULE XI
DISAPPROVAL/INVALIDATION
AND RECALL OF APPROVAL/
VALIDATION OF
APPOINTTENTS
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
2016 OMNIBUS RULES ON APPOINTMENTS AND OTHER HUMAN RESOURCE ACTIONS
An appointment duly issued by the appointing authority and accepted by the appointee shall be
EFFECTIVE UNTIL DISAPPROVED/INVALIDATED BY THE COMMISSION.
Protest; Who may File. Only a qualified next-in-rank employee may file a protest against an
appointment made in favor of another who does not possess the minimum qualification
requirements.
Where to File. A qualified next-in-rank employee shall have the right to appeal initially to the
head of agency, then to the Civil Service Commission Regional Office, and then to the Civil
Service Commission Proper.
When to File. Protest may be filed within fifteen (15) days from the announcement and/or
posting of appointments subject of protest.
For this purpose, all appointments or promotions shall be duly announced and/or posted in
bulletin boards or at conspicuous places in the Department or Agency within thirty (30) days or
within a shorter period as provided in the agency-approved Merit Selection Plan (MSP) from
issuance of the appointments.
2016 Rules on Administrative Cases in
the Civil Service (RACCS)
Rules on Revocation of Appointments
MC No. 25, s. 2016
EFFECT ON THE PROTESTED APPOINTMENT. A protest shall not render an
appointment ineffective nor bar the approval thereof, by the Civil Service
Commission Field Office, Regional Office or the Commission, as the case may be, but
the approval shall be subject to the final outcome of the protest.
The appointing authority does not have the power to recall an appointment, which
was already submitted to the CSC Field Office. A decision or resolution by the
appointing authority granting the protest shall be subject to automatic review by the
concerned CSCRO. The appointing authority shall within five (5) days from issuance
of such decision or resolution transmit the records of case to the CSCRO for
disposition.
EFFECT OF WITHDRAWAL OF PROTEST. A protest or an appeal in this case may
be withdrawn at any time as a matter of right. The withdrawal of the protest or
appeal shall terminate the protest case.
WHEN DEEMED FILED. A protest is deemed filed, in case the same is sent by
registered mail, on the postmark date on the envelope which shall be attached to the
records of the case, and in case of personal delivery, on the date stamped by the
agency or the Commission.
2016 Rules on Administrative Cases in
the Civil Service (RACCS)
Rules on Revocation of Appointments
MC No. 25, s. 2016
Sec. 8. No appointment in the national, provincial, city or municipal governments or any branch or
instrumentality thereof, including GOCCs with original charters shall be made in favor of a relative
of the appointing or recommending officer/authority, or of the chief of the bureau or office or of
the person exercising immediate supervision over the appointee.
Unless otherwise provided by law, the word relative and the members of the family referred to
are those related within the third degree either of consanguinity or of affinity. The following are
EXEMPTED FROM THE OPERATION OF THE RULES ON NEPOTISM:
a. persons employed in a confidential capacity;
b. Teachers;
c. Physicians;
d. Members of the Armed Forces of the Philippines;
e. SCIENCE AND TECHNOLOGY PERSONNEL UNDER RA 8439; and
f. Other positions as may be provided by law.
In the rules on nepotism, added exemptions for scientific and technology personnel under RA
8439 and other positions as may be provided by law.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
MC No. 40, s. 1998 2016 OMNIBUS RULES ON APPOINTMENTS AND
OTHER HUMAN RESOURCE ACTIONS
Rule XIII. Prohibitions
Sec. 12. a) No person who has reached the Rule XII. Prohibition
compulsory retirement age of 65 years can be
Sec. 12. The EXTENSION OF SERVICE of a person who
appointed to any position in the government,
subject only to the exception provided under will reach the COMPULSORY RETIREMENT AGE OF 65
sub-section (b) hereof. YEARS may be allowed for a period of six (6) months
However, in meritorious cases, the Commission and in meritorious circumstances may be extended for
may allow the EXTENSION OF SERVICE of a another six (6) months. The same shall be filed with
person who has reached the compulsory the Commission not later than three (3) months prior
retirement age of 65 years, for a period of six to the date of the official/employee's compulsory
(6) months only unless otherwise stated. retirement. However, for one who will complete the
Provided, that, such EXTENSION MAY BE FOR A FIFTEEN (15) YEARS OF SERVICE REQUIRED UNDER
MAXIMUM PERIOD OF ONE (1) YEAR for one
THE GSIS LAW, A MAXIMUM PERIOD OF TWO (2)
who will complete the fifteen (15) years of
service required under the GSIS Law. YEARS MAY BE ALLOWED. Services rendered during
the period of extension shall be credited as part of
On the extension of service, maximum period of two (2) years government service for purposes of retirement. The
may be allowed to complete the fifteen (15) years of service official or employee, may file the request of extension
required under the GSIS Law. of service.
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
Rule XII. PROHIBITIONS. EXTENSION OF SERVICE
Sec. 12. The request shall be submitted to the Commission with the following documents:
a. Request for extension of service signed by the head of office/appointing authority or the employee
in case of extension to complete the 15-year service required under the GSIS Law, containing the
justifications for the request;
b. Certification by a licensed government physician that the employee subject of the request is still
mentally and physically fit to perform the duties and functions of his/her position.
c. Certified true copy of the employee's Certificate of Live Birth;
d. Clearance of no pending administrative case issued by the CSC, Office of the Ombudsman and
agency concerned;
e. Service record of the employee, if the purpose of the extension is to complete the 15-year service
requirement under the GSIS law;
f. Certification from the GSIS on the Total Length of Service (TLS) as of the 65th birthday of the
employee;
g. Certified true copy of the updated Plantilla of Personnel issued by the agency HRM Officer; and
h. Proof of payment of the filing fee.
Provided the list of documentary requirements for request for extension of service
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
MC No. 40, s. 1998 2016 OMNIBUS RULES ON APPOINTMENTS AND
OTHER HUMAN RESOURCE ACTIONS
Rule XI. Contract of Services/Job Orders
Sec. 1. CONTRACTS OF SERVICES/JOB ORDERS, Rule on the engagement of Job Order and
as distinguished from those covered under Sec. Contract of Service is DELETED as the
2 (e) and (f), RULE III of these Rules, need not same are under the COA Rules.
be submitted to the Commission. SERVICES
RENDERED THEREUNDER ARE NOT
CONSIDERED GOVERNMENT SERVICE.
RULE XIII
RESPONSIBILITIES OF THE
HUMAN RESOURCE
MANAGEMENT OFFICER
Salient Features of the 2016 Omnibus Rules
on Appointments and Other Human
Resource Actions
HRMOs shall ensure that the conduct of orientation takes place, that an HRM database is
established in their agencies and that establishment, maintenance and disposal of 201 files
per existing regulations are followed. .
Thank you!