Professional Documents
Culture Documents
Summary
Summary
Summary
Sec. 27. Employment Statues. — Appointment in the career service shall be permanent or
temporary.
(1) Permanent status. A permanent appointment shall be issued to a person who meets all the
requirements for the position to which he is being appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of law, rules and standards promulgated in
pursuance thereof.
(2) Temporary appointment. In the absence of appropriate eligibles and it becomes necessary
in the public interest to fill a vacancy, a temporary appointment, shall be issued to a person who
meets all the requirements for the position to which he is being appointed except the
appropriate civil service eligibility: Provided, That such temporary appointment shall not exceed
twelve months, but the appointee may be replaced sooner if a qualified civil service eligible
becomes available. (Pangilinan vs. Maglaya)
“[T]he term of an office must be distinguished from the tenure of the incumbent. The term
means the time during which the officer may claim to hold office as of right, and fixes the
interval after which the several incumbents shall succeed one another. The tenure represents
the term during which the incumbent actually holds the office. The term of office is not affected
by the hold-over. The tenure may be shorter than the term for reasons within or beyond the
power of the incumbent.” (Gaminde vs. COA)
Co-terminous
- that is, they are considered employees for the duration of the project or until the completion or
cessation of said project
Classification:
a) co-terminous with the project — When the appointment is co-existent with the duration of a
particular project for which purpose employment was made or subject to the availability of funds
for the same;
b) co-terminous with the appointing authority — when appointment is co-existent with the
tenure of the appointing authority.
c) co-terminous with the incumbent — when appointment is co-existent with the appointee, in
that after the resignation, separation or termination of the services of the incumbent the position
shall be deemed automatically abolished; and
d) co-terminous with a specific period, e.g. "co-terminous for a period of 3 years" — the
appointment is for a specific period and upon expiration thereof, the position is deemed
abolished. (Chua vs. CSC)
(2) Closed Career positions which are scientific, or highly technical in nature; these
include the faculty and academic staff of state colleges and universities, and
scientific and technical positions in scientific or research institutions which shall
establish and maintain their own merit systems;
(4) Career officers, other than those in the Career Executive Service, who are
appointed by the President, such as the Foreign Service Officers in the Department
of Foreign Affairs;
(5) Commission officers and enlisted men of the Armed Forces which shall maintain
a separate merit system;
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(7) Permanent laborers, whether skilled, semi-skilled, or unskilled.
. . . (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.
2. secretaries and other officials of Cabinet rank who hold their positions at the
pleasure of the President and their personal confidential staff(s);
3. Chairman and Members of Commissions and boards with fixed terms of office
and their personal or confidential staff;
Casual — where and when employment is not permanent but occasional, unpredictable,
sporadic and brief in nature (Chua vs. CSC)
Acceptance
Public officers
Appointment; submission to Civil Service Commission. The deliberate failure of the appointing
authority (or other responsible officials) to submit respondent’s appointment paper to the CSC
within 30 days from its issuance did not make her appointment ineffective and incomplete.
Under Article 1186 of the Civil Code, “[t]he condition shall be deemed fulfilled when the obligor
voluntarily prevents its fulfillment.” Applying this to the appointment process in the civil service,
unless the appointee himself is negligent in following up the submission of his appointment to
the CSC for approval, he should not be prejudiced by any willful act done in bad faith by the
appointing authority to prevent the timely submission of his appointment to the CSC. While it
may be argued that the submission of respondent’s appointment to the CSC within 30 days was
one of the conditions for the approval of respondent’s appointment, however, deliberately and
with bad faith, the officials responsible for the submission of respondent’s appointment to the
CSC prevented the fulfillment of the said condition. Thus, the said condition should be deemed
fulfilled.
The Court has already had the occasion to rule that an appointment remains valid in certain
instances despite non-compliance of the proper officials with the pertinent CSC rules. Arlin B.
Obiasca vs. Jeane O. Basallote, G.R. No. 176707, February 17, 2010.