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RULE XIII CSC MC 40, S.

1998
Revised Omnibus Rules on Appointments
and Other Personnel Actions

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RULE XIII
PROHIBITIONS

Sec. 1. Appointive official


- Holding multiple positions
and receiving double
compensation
- unless otherwise allowed
by law or by the primary
functions of his position
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RULE XIII
PROHIBITIONS

Sec. 2. Elective official


- Not eligible for
appointment in any capacity
to any public office or
position during his tenure

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PROHIBITIONS

Sec. 3. Elective/
Appointive public officer/
employee
-prohibit additional, double
or indirect compensation,
unless specifically authorized
by law,
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PROHIBITIONS

- nor accept without the


consent of Congress, any
present, emolument, office
or title of any kind from any
foreign government.

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PROHIBITIONS

- Pensions and gratuities


shall not be considered as
additional, double or indirect
compensation.

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PROHIBITIONS

Sec. 4. One year Ban on


Appointment
- A person who lost in an
election (except Barangay
election)

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RULE XIII
PROHIBITIONS

Sec. 5. Filing of
certificate of candidacy
--employee is considered
resign
- even if later on disqualified
or has withdrawn, is still
considered resigned. 8
RULE XIII
PROHIBITIONS

Sec. 6. Six month ban


on reemployment
-Employee who resigned
during the three (3) month
period before any election to
promote the candidacy of
another
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PROHIBITIONS

Sec. 7. Ban on Detail or


Reassignment
- within 3 months before any
election unless with the
permission of the COMELEC.

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PROHIBITIONS

Sec. 8. Engaging
Directly or Indirectly in
Partisan Political activity.

- To promote the
candidacy of another
- To promote the defeat of
a candidate 11
RULE XIII
PROHIBITIONS

Exceptions:
- to vote
- Express views on current
political problems or
issues
- To mention names of
candidate for public
office whom he supports12
RULE XIII
PROHIBITIONS

Sec. 9. No appointment in the


national, provincial, city or municipal
governments or any branch or
instrumentally 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 of
the person exercising immediate
supervision over the appointee.
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RULE XIII
PROHIBITIONS

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.
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.
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RULE XIII
PROHIBITIONS

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

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RULE XIII
PROHIBITIONS
The nepotism rule covers all kinds of
appointments whether original, promotional,
transfer and reemployment and regardless of
status including casuals and contractuals except
consultants.
Sec. 10. The appointing authority shall not
withdraw or revoke an appointment already
accepted by appointee. Such appointment shall
remain in force and effect until disapproved by the
Commission. However, in case an appointment is
void from the beginning due to fraud on the part of
the appointee or because it was issued in violation
of law, the proper appointing authority may
request the Commission for its withdrawal or
revocation.
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RULE XIII
PROHIBITIONS

Sec. 11. No person who has been


dismissed or perpetually
excluded/disqualified from the government
service shall be appointed or reemployed
unless he has been granted executive
clemency.

Sec. 12. a) No person who has reached


the compulsory retirement age of 65 years
can be appointed to any position in the
government, subject only to the exception
provided under sub-section (b) hereof.
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RULE XIII
PROHIBITIONS

However, in meritorious cases, the


Commission may allow extension of
service of a person who has reached the
compulsory retirement age of 65 years,
for a period of six (6) months only unless
otherwise stated. Provided, that, such
extension may be for a maximum period
of one (1) year for one who will complete
the fifteen (15) years of service required
under the GSIS Law.
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PROHIBITIONS
A request for extension shall be made
by the head of office and shall be filed with
the Commission not later than three (3)
months prior to date of the
official/employees compulsory retirement.
Henceforth, the only basis for Head
of Offices to allow an employee to continue
rendering service after his/her 65th birthday
is a Resolution of the Commission granting
the request for extension. Absent such
Resolution, the salaries of the said
employee shall be for the personal account
of the responsible official. 19
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RULE XIII
PROHIBITIONS

Services rendered during the period


of extension shall no longer be credited as
government service. However, services
rendered specifically for the purpose of
completing the 15 years of service required
under the GSIS Law shall be credited as
part of government service for purposes of
retirement.

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RULE XIII
PROHIBITIONS

An employee on service extension


shall be entitled to salaries, allowances and
other remunerations, that are normally
considered part and parcel of an
employees compensation package, subject
to the existing regulations on the grant
thereof.

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RULE XIII
PROHIBITIONS

a. 1. The following documents shall be


submitted to the Commission:

1.Request of extension of services


signed by the Head of Office,
containing justification for the
request;
2.Certification that the employee
subject to request is still
mentally and physically fit to
perform the duties and
functions of his/her position.
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PROHIBITIONS

3. Certified true copy of the employees


Certificate of Live Birth;

4. Service Record of the employee if the


purpose of the extension is to
complete the 15-year service
requirement under the GSIS law.

5. Proof of payment of the filing fee in


the amount of Two Hundred Pesos
(P200.00)
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PROHIBITIONS
b. A person who has already reached the
compulsory retirement age of 65 can
still be appointed to a co-
terminous/primarily confidential
position in the government.
A person appointed to a
coterminous/primarily confidential
position who reaches the age of 65
is considered automatically
extended in the service until the
expiry date of his/her appointment
or until his/her services are earlier
terminated. 24
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RULE XIII
PROHIBITIONS

Sec. 13. Unless allowed by the


Commission in meritorious cases, heads
of oversight agencies and their staff are
prohibited from transferring or being
appointed to any position in the
department/agency/office/local
government unit which their unit is
assigned or designated to oversee within
one year after the termination of such
assignment or designation.

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RULE XIII
PROHIBITIONS

Sec. 14. No person appointed to a


position in the non-career service shall
perform the duties properly belonging to
any position in the career service.

Sec. 15. No consultant, contractual


or non-career employee shall be
designated to position exercising control
or supervision over regular and career
personnel.
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RULE XIII
PROHIBITIONS

Sec. 16. No discrimination shall be


exercised, threatened or promised against,
or in favor of, any person examined or to
be examined or employed, by reason of his
political or religious opinions or affiliations,
sex or civil status.

Sec. 17. No changes in designation


or nomenclature of positions resulting in
promotion or demotion in rank or increase
or decrease in compensation shall be
allowed to LGUs, except when the position
is actually vacant 27
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RULE XIII
PROHIBITIONS
Sec. 18. Unless otherwise provided by law, no
officer or employee shall engage directly or indirectly
in any private business or profession without a
written permission from the head of agency.
Provided that this prohibition will be absolute in the
case of those officers or employees whose duties and
responsibilities require that their entire time be at
the disposal of the government: Provided further,
that if an employee be granted permission to engage
in outside activities, the time devoted outside of
office hours should be fixed by the head of the
agency so that it will not impair in any way the
efficiency of the officer or employee nor pose a
conflict or tend to conflict with the official functions.
[Provided under CSC MC No. 15, s. 1999]
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RULE XIII
PROHIBITIONS

Sec. 19. An employee who is on local or


foreign scholarship or training grant or on
maternity leave may be considered for
promotion.
For this purpose, performance rating to be
considered shall be the rating immediately prior
to the scholarship or training grant or maternity
leave.
if promoted, the effectivity date of the
promotional appointment shall be on the
assumption to duty.
[CSC MC No.CIVIL
3, SERVICE
2001]COMMISSION - REGION
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CSC-NCRCOMMISSION REGION
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