KINDS OF APPOINMENT

>permanent, temporary, coterminous, fixed term, contractual, substitute, or provisional.

What is RA 9225 all about?

Republic Act 9225 (RA 9225) or the Citizenship Retention and Re-acquisition Act of 2003
(more popularly known as the Dual Citizenship Law) allows natural-born Filipinos who have
become naturalized citizens of another country to retain or re-acquire their Filipino
citizenship.

Under Sec. 9, Rule XIII (Prohibitions), Revised Omnibus Rules on Appointments and Other Personnel
Actions (CSC MC No. 40, s. 1998), the following are the rules on Nepotism:

Sec. 9. No appointment in the national, provincial, city or municipal governments or any branch or
instrumentality thereof, including government owned or controlled corporations with original charters
shall be made in favor of a relative of the appointing or recommending 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 refereed to are
those related within the third degree either of consanguinity or of affinity.
In the local government career service, the prohibition extends to the relatives of the appointing or
recommending authority, within the fourth civil degree of consanguinity or 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
The nepotism rule covers all kinds of appointments whether original, promotional, transfer and
reemployment regardless of status including casuals and contractuals except consultants.

Section 1, Rule IX of the Revised Omnibus Rules on Appointments and Other Personnel Actions (CSC MC
No. 4, s. 1998 as amended by CSC MC No. 15, s. 1999), contract of services and job orders need not be
submitted to the Commission since services to be rendered thereunder are not considered as
government service.
Further, Section 4 of CSC MC No. 17, No. 2002 provides that:
"Section 4. Prohibitions - the following are prohibited from being hired under a contract of services and
job order.
"a. Those who have been previously dismissed from the service due to commission of an administrative
offense;
"b. Those who are covered under the rules on nepotism;
"c. those who are being hired to perform functions pertaining to vacant regular plantilla positions; and,
"d. Thos
e who have reached the compulsory retirement age except as to consultancy services.

Doctrine of Necessary Implication – this doctrine states that what is implied is as much a part of
thereof as that is which is expressed. Limits of the Courts to power to construe 1. Judicial Review 1.
Judicial Restriction - judicial interpretation that encourages judges to limit the exercise of their own
power.
PROHIBITION AGAINST DIMINUTION
Principle of non-diminution of benefits” refers to the prohibition against employers from eliminating or
reducing the benefits received by their employees.

What are the requisites for diminution of benefits?

There is diminution of benefits when it is shown that: (1) the grant or benefit is founded on a
policy or has ripened into a practice over a long period of time; (2) the practice is consistent
and deliberate; (3) the practice is not due to error in the construction or application of a doubtful
or difficult question of ...Mar 28, 2023
What are the prohibitions regarding wages?
The law mandates that no employer shall pay the wages of an employee by means of
promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal
tender (money). This prohibition applies even if the employee himself expressly requests for it
LIABILITY OF PUBLIC OFFICER
Under the "threefold liability rule," the wrongful acts or omissions of public officers may give rise to civil,
criminal and administrative liabilities. 1 Corollarily, public officers could still be held civilly liable to
reimburse the injured party notwithstanding their acquittal.

What is Article 282 termination by employer?

Just causes for termination, as stipulated in Article 282 of the Labor Code, include serious
misconduct, willful disobedience, gross and habitual neglect of duties, and fraud or willful
breach of trust.Oonds)
282. Termination by employer. An employer may terminate an employment for any of the
following causes: a. Serious misconduct or willful disobedience by the employee of the
lawful orders of his employer or representative in connection with his work; b. Gross and
habitual neglect by the employee of his duties;
SECURITY OF TENURE
No employee can be dismissed from work except for a just or authorized cause, and only after due
process. Just cause refers to any wrongdoing committed by an employee; authorized cause refers to
economic circumstances that are not the employee's fault.
Reinstatement is the restoration of a person or thing to a former position. Regarding insurance,
reinstatement allows a previously terminated policy to resume effective coverage.
What is a secondment in government?
Secondment may be classified as follows: a. Inter-department secondment – movement of an
employee from one department or agency to another. b. Intra-department secondment –
movement of an employee from one agency or bureau to another within the same department or
attached to it for policy and program coordination.