ADMINISTRATIVE LAW

MESHEL B.BALIJON

CLASS SCHEDULE:
MONDAY- 8-9PM
TUESDAY - 7-9PM

I.

Topic
A. PROMOTION

II.

Brief Discussion
A. Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5-Personnel
Policies and Standards]
SECTION 26. Personnel Actions.All appointments in the career service
shall be made only according to merit and fitness, to be determined as far as
practicable by competitive examinations. A non-eligible shall not be appointed
to any position in the civil service whenever there is a civil service eligible
actually available for and ready to accept appointment.
As used in this Title, any action denoting the movement or progress of
personnel in the civil service shall be known as personnel action. Such action
shall include appointment through certification, promotion, transfer,
reinstatement, re-employment, detail, reassignment, demotion, and separation.
All personnel actions shall be in accordance with such rules, standards, and
regulations as may be promulgated by the Commission.
(2) Promotion.A promotion is a movement from one position to another
with an increase in duties and responsibilities as authorized by law and usually
accompanied by an increase in pay. The movement may be from one
department or agency to another or from one organizational unit to another in
the same department or agency.
B. ADMINISTRATIVE CODE: Chapter 4

BOARD OF FOREIGN SERVICE ADMINISTRATION

Chapter 11
PROMOTIONS
Sec. 39. Merit Promotion System. - The Board of the Foreign Service shall establish a
merit promotion system for all officers and employees of the Department.
Sec. 15. Composition. - The Board of Foreign Service Administration shall be composed
of nine (9) members: one (1) Undersecretary as Chairman; the other Undersecretary as ViceChairman; the six (6) Assistant Secretaries and the Legal Adviser, as members.
C. Presidential Decree No. 807 - Civil Service Decree of the Philippines

III. Illustration of the Principle

A. Narrate my own experience here

IV. References
Books
Agpalo, Ruben (2005). Administrative Law, Law on Public Officers and Election
Law. Quezon City, Philippines: Rex Printing Company, Inc.
Online Sources

CSCRO
No.
VII
Decision
(November
22,
2001).
Retrieved
http://excell.csc.gov.ph/mread03/res-030233.html
SC
Judiciary.
(February
2010).Retrieved
http://sc.judiciary.gov.ph/jurisprudence/2010/february2010/176707.htm

from
from

ADMINISTRATIVE CODE: Chapter 4

BOARD OF FOREIGN SERVICE ADMINISTRATION
Sec. 15. Composition. - The Board of Foreign Service Administration shall be composed
of nine (9) members: one (1) Undersecretary as Chairman; the other Undersecretary as ViceChairman; the six (6) Assistant Secretaries and the Legal Adviser, as members.chanrobles
virtual law library
Chapter 5
BOARD OF FOREIGN SERVICE EXAMINERS
Sec. 17. Composition. - The Board of Foreign Service Examiners shall be composed of
one (1) Undersecretary as Chairman; and the Assistant Secretary for Personnel and
Administrative Services and a Commissioner of the Civil Service Commission as members.
The Board shall be under the administrative supervision of such Undersecretary.chanrobles
virtual law library
Chapter 6
ATTACHED AGENCIES
Sec. 19. Attached Agencies. - The Law of the Sea Secretariat, the Inter-Agency Technical
Committee on Economic, Scientific and Technical Cooperation with Socialist Countries
(SOCCOM), the Inter-Agency Technical Committee on Technical Cooperation Among
Developing Countries (IATC-TC), the Permanent Inter-Agency Technical Committee on
ESCAP Matters (PITCEM), and other agencies attached to the Department shall continue to

operate and function in accordance with their respective charters or laws creating them,
except as otherwise provided in this Code.chanrobles virtual law library
Chapter 7
THE FOREIGN SERVICE
Sec. 20. Functions of Diplomatic Missions. - The Diplomatic Missions shall:
Chapter 8
ATTACHES AND REPRESENTATIVES
Sec. 22. Attaches of the Department. - The Department Head shall designate attaches of
the Department from the ranks of Foreign Service Officers and Foreign Service Staff
Officers.chanrobles virtual law library
Chapter 9
PERSONNEL
Sec. 29. Policy. - To enable the Foreign Service to effectively serve abroad the interests of
the Republic of the Philippines, it shall be the policy of the Department that only persons
who are competent, of good moral character, and fully informed of the Philippine History
and current trends in Filipino life shall be appointed to the service.chanrobles virtual law
library
Chapter 10
APPOINTMENTS, COMPENSATION AND BENEFITS
Sec. 35. Foreign Service Officers. - (1) Foreign Service Officers shall be appointed by the
President.chanrobles virtual law library
Chapter 11
PROMOTIONS
Sec. 39. Merit Promotion System. - The Board of the Foreign Service shall establish a
merit promotion system for all officers and employees of the Department.chanrobles

Presidential Decree No. 807

Civil Service Decree of the Philippines
Sec. 7. Classes of Positions in the Career Service. - (a) Classes of positions in the career
service appointment to which requires examinations shall be grouped into three major levels
as follows:
1. The first level shall include clerical, trades, crafts, and custodial service positions
which involve non-professional or subprofessional work in a nonsupervisory or
supervisory capacity requiring less than four years of collegiate studies;
2. The second level shall include professional, technical, and scientific work in a
non-supervisory or supervisory capacity requiring at least four years of college work
up
to
Division
Chief
level;
and
3. The third level shall cover positions in the Career Executive Service.chanrobles
virtual law library
(b) Except as herein otherwise provided, entrance to the first two levels shall be through
competitive examinations, which shall be open to those inside and outside the service who
meet the minimum qualification requirements. Entrance to a higher level does not require
previous qualification in the lower level. Entrance to the third level shall be prescribed by the
Career Executive Service Board.chanrobles

Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5-Personnel Policies and
Standards]
CHAPTER 5
Personnel Policies and Standards
SECTION 21. Recruitment and Selection of Employees.(1) Opportunity for government
employment shall be open to all qualified citizens and positive efforts shall be exerted to
attract the best qualified to enter the service. Employees shall be selected on the basis of
fitness to perform the duties and assume the responsibilities of the positions.
(2) When a vacancy occurs in a position in the first level of the Career Service as defined in
Section 8, the employees in the department who occupy the next lower positions in the
occupational group under which the vacant position is classified, and in other functionally
related occupational groups and who are competent, qualified and with the appropriate civil
service eligibility shall be considered for promotion.
(3) When a vacancy occurs in a position in the second level of the Career Service as defined
in Section 8, the employees in the government service who occupy the next lower positions
in the occupational group under which the vacant position is classified and in other
functionally related occupational groups and who are competent, qualified and with the
appropriate civil service eligibility shall be considered for promotion.

(4) For purposes of this Section, each department or agency shall evolve its own screening
process, which may include tests of fitness, in accordance with standards and guidelines set
by the Commission. Promotion boards shall be formed to formulate criteria for evaluation,
conduct tests or interviews, and make systematic assessment of training experience.
(5) If the vacancy is not filled by promotion as provided herein the same shall be filled by
transfer of present employees in the government service, by reinstatement, by re-employment
of persons separated through reduction in force, or by appointment of persons with the civil
service eligibility appropriate to the positions.
(6) A qualified next-in-rank employee shall have the right to appeal initially to the Secretaries
or heads of agencies or instrumentalities including government-owned or controlled
corporations with original charters, then to the Merit System Protection Board, and finally to
the Civil Service Commission an appointment made in favor of another employee if the
appellant is not satisfied with the written special reason or reasons given by the appointing
authority for such appointment; Provided, however, that the decision of the Civil Service
Commission may be reviewed on certiorari only by the Supreme Court within thirty (30)
days from receipt of the decision of the aggrieved party. For purposes of this Section,
qualified next-in-rank refers to an employee appointed on a permanent basis to a position
previously determined to be next-in-rank and who meets the requirements for appointment
thereto as previously determined by the appointing authority and approved by the
Commission.
(7) Qualification in an appropriate examination shall be required for appointment to positions
in the first and second levels in the career service in accordance with the Civil Service rules,
except as otherwise provided in this Title: Provided, That whenever there is a civil service
eligible actually available for appointment, no person who is not such an eligible shall be
appointed even in a temporary capacity to any vacant position in the career service in the
government or in any government-owned or controlled corporation with original charter,
except when the immediate filling of the vacancy is urgently required in the public interest,
or when the vacancy is not permanent, in which cases temporary appointments of noneligibles may be made in the absence of eligibles actually and immediately available.
(8) The appropriate examinations herein referred to shall be those given by the Commission
and the different agencies: Provided, however, That nothing herein shall affect those
eligibilities acquired prior to the effectivity of the Civil Service Law: Provided, further, That
a person with a civil service eligibility acquired by successfully passing an examination shall
be qualified for a position requiring a lower eligibility if he possesses the other requirements
for appointment to such position.
SECTION 22. Qualification Standards.(1) A qualification standard expresses the minimum
requirements for a class of positions in terms of education, training and experience, civil
service eligibility, physical fitness, and other qualities required for successful performance.
The degree of qualifications of an officer or employee shall be determined by the appointing
authority on the basis of the qualification standard for the particular position.
Qualification standards shall be used as basis for civil service examinations for positions in
the career service, as guides in appointment and other personnel actions, in the adjudication
of protested appointments, in determining training needs, and as aid in the inspection and
audit of the agencies personnel work programs.
It shall be administered in such manner as to continually provide incentives to officers and
employees towards professional growth and foster the career system in the government
service.
(2) The establishment, administration and maintenance of qualification standards shall be the
responsibility of the department or agency, with the assistance and approval of the Civil
Service Commission and in consultation with the Wage and Position Classification Office.
SECTION 26. Personnel Actions.All appointments in the career service shall be made only
according to merit and fitness, to be determined as far as practicable by competitive
examinations. A non-eligible shall not be appointed to any position in the civil service

whenever there is a civil service eligible actually available for and ready to accept
appointment.
As used in this Title, any action denoting the movement or progress of personnel in the civil
service shall be known as personnel action. Such action shall include appointment through
certification, promotion, transfer, reinstatement, re-employment, detail, reassignment,
demotion, and separation. All personnel actions shall be in accordance with such rules,
standards, and regulations as may be promulgated by the Commission.
(2) Promotion.A promotion is a movement from one position to another with an increase in
duties and responsibilities as authorized by law and usually accompanied by an increase in
pay. The movement may be from one department or agency to another or from one
organizational unit to another in the same department or agency.
Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees
Pursuant to the provisions of Section 12 of Republic Act No. 6713, otherwise known as the
Code of Conduct and Ethical Standards for Public Officials and Employees, approved Dn
February 20, 1989, and which took effect on March 25, 1989, conformably to Section 17
thereof, the following Rules are hereby adopted in order to carry out the provisions of the
said Code:
Section 3. Incentives and rewards to government officials and employees of the year may
take the form of any of the following, as may be determined by the Committee on Awards
established under the Code:
(a) Bonuses; or
(b) Citations; or
(c) Directorships in government-owned or controlled corporations; or
(d) Local and foreign scholarship grants; or
(e) Paid vacations; and
(f ) Automatic promotion to the next higher position suitable to his qualifications and with
commensurate salary; provided, that if there is no next higher position or it is not vacant, said
position shall be included in the next budget of the office; except when the creation of a new
position will result in distortion in the organizational structure of the department, office or
agency. Where there is no next higher position immediately available, a salary increase
equivalent to the next higher position shall be given and incorporated in the base pay. When a
new position is created, that which is vacated shall be deemed abolished.
The grants of awards shall be governed by the merit and fitness principle.
http://excell.csc.gov.ph/mread03/res-030233.html
http://sc.judiciary.gov.ph/jurisprudence/2010/february2010/176707.htm