Memorandum Order No. 118, s. 1993

Office of the President
of the Philippines
Malacañang

MEMORANDUM ORDER NO. 118

THE MERIT PROMOTION PLAN IN THE OFFICE OF THE PRESIDENT

I. OBJECTIVES

Pursuant to Sec. 12, Rule VI of the Omnibus Rules implementing Book V, Sections 8 and 32 of the Administrative Code of 1987, a MERIT PROMOTION PLAN is hereby established in the Office of the President (Proper), to ensure that merit is observed, and qualifications and competence are adhered to, in promoting employees.

In pursuance thereof, the OP Merit Promotion Plan shall:

1. Establish a system of selecting employees on the basis of merit and fitness, and competence to assume higher responsibility;

2. Create equal opportunities for advancement to all employees in the office;

3. Allow selection through lateral entry only if there are no employees from within who meet the prescribed requirements of the position.

4. Provide a guide for the speedy and fair adjudication of complaints/protests of employees against promotions.

II. SCOPE

This Merit Promotion Plan shall cover all positions in the Office of the President (Proper) categorized under the first and second levels of the career service as defined in Section 8 of the Administrative Code of 1987.

III. DEFINITION OF TERMS

1. Promotion means advancement of an employee from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary.

2. Merit Promotion is a systematic method of selecting employees for advancement or promotion on the basis of merit and fitness to perform the duties and assume the responsibilities, of the position to be filled.

3. Career Service is a category of service characterized by entrance to positions based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications, and opportunity for advancement to higher career positions and security of tenure.

4. Next-in-Rank Position refers to a position which, by reason of hierarchical arrangement of positions in the department or agency or in government, is determined to be in the nearest degree of relationship to a higher position, taking into account the following:

(1) Organizational structure as reflected in the approved organization chart;

(2) Classification and/or functional relationships of position;

(3) Salary and/or range allocation; and

(4) Geographical location.

5. First level shall include clerical, trade, craft and custodial service positions which involved sub-professional work in a non-supervisory or supervisory capacity requiring less than four years of college studies.

6. Second level shall include professional, technical and scientific positions which involve professional, technical, or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college studies, up to Division Chief Level.

7. Promotional Line-up is a formal chain of promotion listing all candidates, mostly next-in-rank, to each of the existing or resulting vacancies.

8. Superior Qualifications shall mean higher educational attainment, with more than the required number of years of experiences, and the required relevant trainings, based on the Qualification Standards.

IV. GENERAL GUIDELINES

1. Whenever a position in the first or second level becomes vacant, employees who occupy positions next-in-rank shall be considered for promotion to the vacancy.

2. All candidates to be considered for promotion shall possess the appropriate Civil Service Eligibility, educational attainment, years of experience and training required of the position, in accordance with the Qualifications Standards.

3. Specifically, selection for promotion shall start from employees holding next-in-rank positions, who are most competent and qualified, in the unit where the vacancy exists.

4. In the absence of a next-in-rank candidate from within who meets the prescribed qualifications required of the position, selection may be made either vertically or laterally. Vertical selection is selection from those below the employees occupying next-in-rank positions within the unit where the vacancy exists. Lateral selection is selection from qualified employees in other primary units either within the office or outside the office, if there are no qualified candidates from within the unit where the vacancy exists.

5. Lack of confidence shall not be accepted as a valid reason for disqualifying an employee from promotion.

6. The mere filing of an administrative charge shall not constitute a disqualification from promotion. When an employee who is slated for promotion has a pending administrative case, the position to which he shall have been promoted shall not be filled until after the case shall have been finally decided. However, when the exigencies of the service require immediate filling of the position, it may be filled by temporary appointment only. If he is found guilty, he shall be disqualified from promotion for a period based on the penalty imposed as prescribed by the Commission.

A pending administrative case shall be construed as follows:

1. When the disciplining authority has already filed a formal charge; or

2. In case a complaint is filed by a private person, a prima facie case is already found to exist by disciplining authority.

V. PROCEDURES ON PROMOTION

1. The Personnel Office shall publish a list of vacancies in newspapers of general circulation or through the Civil Service Commission as required pursuant to CSC MC No. 27, s. 1991 (Rules Implementing RA 7041 – Requiring the Regular Publication of Existing Vacant Positions in Government Offices). Likewise, notice on the filling of vacancies shall be posted on the Bulletin Board along the stairways near the Personnel Office for a period of at least five (5) working days.

2. Primary units where the vacancy exists shall initially screen their candidates before they shall submit their promotional line-up to the Personnel Office. All promotable candidates shall submit a list of their actual duties and responsibilities duly certified correct by them and attested to by their heads of office.

3. Only employees with at least “Very Satisfactory” performance rating average for the last two (2) rating periods immediately preceding, shall be considered for promotion (Rule 19, Sec. 3, Performance Evaluation, Omnibus Rules Implementing Book V of EO 292).

4. Upon receipt of promotional line-up, the Personnel Office shall prepare the corresponding Personnel Comparative Assessment Forms listing all qualified next-in-rank candidates in the unit where the vacancy exists, and other qualified employees who may apply for the position.

5. These Forms, together with the proposed promotional line-up and justifications of the office head, shall be submitted to the Selection Board Secretariat who in turn shall furnish each member of the Board a copy thereof at least two (2) days before it is deliberated upon by the Board. The Secretariat shall see to it that proposals for promotion shall be calendared, for Board’s deliberation on a “first come, first-served” basis.

6. The results of the Selection Board’s deliberation shall be posted on the Bulletin Board for five (5) working days. Requests for reconsideration may be filed with the Board ten (10) days from the date of posting. In case there will be a request for reconsideration, the Board shall within fifteen (15) days from receipt thereof reconvene to deliberate on the same.

7. After the deliberation, the Board shall notify the movant of the action taken. No second request for reconsideration shall be entertained.

8. The Board shall submit its recommendation to the Executive Secretary, listing a number of candidates, if there are more than one, in accordance with their respective rankings from which the Secretary may select the candidate/candidates to be promoted.

9. A notice on the issuance of the appointment shall immediately be posted on the Bulletin Board.

10. To ensure objectivity and fairness in promotion, the Selection Board shall establish and/or adopt a formal screening procedure and formulate a table of criteria for the evaluation of candidates for promotion.

Until revised by the Selection Board, the following Table of Criteria shall be observed:

C. Table Of Criteria To Evaluate The Degree Of Competence And Qualifications Of Employees With Weight/Points Values For Promotion and Selection Purposes.

CRITERIA

WEIGHT/POINTS

1. PERFORMANCE

50 points (highest)

(average of the last two (2) rating periods)
ADJECTIVAL RATING NUMERICAL RATING WEIGHT/POINTS
Outstanding 4.80 5.00 50 pts.
4.60 4.79 48 pts.
Very Satisfactory 4.40 4.59 46 pts.
4.20 4.39 44 pts.
4.00 4.19 42 pts.
2. Education

15 points (highest)

(Educational background relevant to  the duties of the position to be filled)

For Second Level Positions Only:

Bachelor’s degree graduate 15 pts.
(For Presidential Staff Officers IV, V and VI or other positions in OP of equivalent rank, refer to OP Qualification Standards for minimum requirement)

PLUS BONUS POINTS to be gained if:

– Doctoral studies graduate 8 pts.
– With at least 27 doctoral units 6 pts.
– With 18-24 doctoral units 5 pts.
– With 9-15 doctoral units 4 pts.
– With 3-6 doctoral units 3 pts.
– Masteral studies graduate 5 pts.
– With at least 27 masteral units 4 pts.
– With 18-24 masteral units 3 pts.
– With 9-15 masteral units 2 pts.
– With 3-6 masteral units 1 pts.

For First Level Positions Only:

– At least two (2) years college 15 pts.
– Vocational course graduate (2-year) 14 pts.
– Vocational course graduate (1-year) 13 pts.
– High school graduate 11 pts.
– High school undergraduate 9 pts.

PLUS BONUS POINTS to be gained if:

– Bachelor’s degree graduate 5 pts.

3. TRAINING COURSES/SCHOLARSHIP/TRAINING GRANTS
10 points (highest)
(must be relevant to the duties of the position to be filled)

Local Trainings/Seminars/Workshops:   

More than 100 days 10 pts.
86-100 days 9 pts.
71-85 days 8 pts.
56 to 70 days 7 pts.
41 to 55 days 6 pts.
26 to 40 days 5 pts.
11 to 25 days 4 pts.
10 days and below 3 pts.

Local Symposiums/Conference/Conventions/etc.

21 hours and above 2.0 pts.
16-20 hours 1.5 pts.
11-15 hours 1.0 pt.
10 hours and below .5 pt.

PLUS BONUS POINTS if with
Foreign Training/Scholarship:

6 months or more 10 pts.
Less than 6 months 5 pts.

4. WORK EXPERIENCE AND OUTSTANDING ACCOMPLISHMENT 20 pts (highest)
(Occupational history and work experience relevant to the position to be filled/functions of office/nature of duties and responsibilities; accomplishments worthy of special commendations)   

a. Has relevant work experience; met the required number of years called for by the vacant position based on  the QS 20 pts.
b. Has relevant work experience exceeding the required number of years, one bonus point for each year in excess of the required, but not to exceed five points Additional bonus of 5 points

PLUS FIVE (5) POINTS if with accomplishment worthy of special commendation

Outstanding Accomplishment defined; Suggestions and innovations which benefited the office in terms of cost-reduction, increased efficiency and employee’s morale, worthy of special commendations awarded by the Executive Secretary, or by any other Department Secretary, or citation as prescribed by the Civil Service Commission.

5. POTENTIAL 5 points (highest)

(Employee’s capability to perform the
duties and assume the responsibilities o
the position to be filled)

VI. PROTEST

1. Appointment/Promotion which may be subject of a Protest

a. Appointment/promotion made in favor of one with lesser qualification based on the ranking made by the Selection Board.

b. Appointment/Promotion made in favor of another next-in-rank employee who is not qualified.

c. Appointment/Promotion made in favor of one who is not next-in-rank.

2. Who may file a Protest?

Only personnel who are qualified next-in-rank, but who feel aggrieved by the decision of the Executive Secretary, may file a protest against an appointment or promotion.

3. Form and Contents of the Protest:

The protest shall be typewritten, using the official language and shall contain the following:

a. The full name; office/unit; position and salary per annum of both the protestant and protestee;

b. The position contested including its item number and the salary per annum attached thereto;

c. The grounds for the protest and the reasons why the protestant believes he should be the one appointed to the contested position.

4. When and Where to File Protest?

The protest may be filed with the Office of the Executive Secretary within fifteen (15) days from the date of posting of notice on the issuance of the appointment or promotion by the Executive Secretary, otherwise, the right to protest shall be deemed to have been waived.

5. Effect of Protest on the Appointment

If the Executive Secretary refers the protest to the Selection Board, it shall pass upon the said protest in accordance with the provisions of this plan and submit its recommendations to the Executive Secretary within twenty (20) days from receipt of the referral of the Executive Secretary. The Rating System herein adopted shall be used in determining the comparable degree of competence and qualifications of the protestant and protestee. The grounds of the protest and the reason or reasons stated by the protestant why he should be the one appointed to the vacant position under consideration, shall be carefully evaluated taking into account the relevance to the duties and responsibilities of the said position.

6. Decision

The appointing authority shall render his decision within thirty (30) days from the date of receipt of the protest. The decision shall contain, among other things, a finding of facts, and the provisions of law and rules and regulations applied.

7. Appeal

The official or employee who is not satisfied with the decision of the appointing authority may further appeal within fifteen (15) days from notice or receipt of decision to the Merit Systems Protection Board which shall render a decision within sixty (60) days. The decision of the Board shall be final except in those cases involving division chiefs or officials of higher rank, which may be appealed to the Commission. The decision of the Commission is executory if no motion for reconsideration is filed within fifteen (15) days from receipt of the decision. In all instances, only one petition for reconsideration shall be entertained. Failure to file a protest, appeal, petition for reconsideration or review within the prescribed period shall be deemed a waiver of such right and shall render the subject decision final and executory.

8. Observance of Other Pertinent Rules:

Rules on promotion in the Omnibus Rules of the Civil Service not herein mentioned are hereby adopted as parts of this Plan.

VII. RESPONSIBILITY

The Director of the Personnel Office shall be responsible for the publication and dissemination of copies of this MERIT PROMOTION PLAN.

VIII. EFFECTIVITY

This MERIT PROMOTION PLAN shall take effect upon its approval by the Civil Service Commission.

By authority of the President:
(Sgd.) EDELMIRO A. AMANTE, SR.
Executive Secretary

Manila, April 15, 1993

Source: CDAsia