September 30, 2005

SUPREME COURT AMENDED REVISED ADMINISTRATIVE CIRCULAR NO. 50-01

ESTABLISHING THE MERIT SELECTION AND PROMOTION PLAN FOR THE LOWER COURTS

WHEREAS, pursuant to Section 32, Book V of

WHEREAS,

NOW, THEREFORE, this Revised Administrative Circular No. 50-2001 is Amended thus:

I. Objectives

The MSPP-LC aims to

1. Establish a system that is characterized by strict observance of the merit, fitness and equality principles in the selection of employees for appointment to positions in the career service; and

2. Create equal opportunities to all qualified men and women for employment and career advancement in the lower courts.

II. Scope

This MSPP-LC shall cover career positions in the first and second level or its equivalent in the lower courts, namely, Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, and Shari'a Circuit Courts.

III. Definition of Terms

As used in this Administrative Circular, the following terms shall mean as follows:

Career Service positions in the civil service characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examination, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure.

Comparatively at Par predetermined reasonable difference or gap between point scores of candidates for appointment established by the Selection and Promotion Board for the Lower Courts (SPB-LC).

Deep Selection the process of selecting a candidate for appointment who is not next-in-rank but possesses superior qualifications and competence.

Discrimination a situation wherein a qualified applicant is not included in the selection line-up on account of gender, civil status, pregnancy, disability, religion, ethnicity or political affiliation.

First Level Positions those which involve non-professional or sub-professional work in a non-supervisory or supervisory capacity requiring less than four (4) years of college studies, such as clerical, trades and crafts, and custodial service positions.

Job Requirements requisites not limited to the qualification standards of the position, but may include skills, competencies, potentials, physical and psycho-social attributes necessary for the successful performance of the duties required of the position.

Education and Training include educational background, successful completion of training courses accredited by the CSC, scholarships, training grants, and other human resource development programs which must be relevant to the duties of the position to be filled.

Experience and Outstanding Accomplishments include occupational history, relevant work experience acquired either from the government or private sector, and accomplishments worthy of special commendation.

Psycho-Social Attributes the characteristics or traits of a person which involve both psychological and social aspects. Psychological attribute includes the way a person perceives things, ideas, beliefs and understanding and how a person acts and relates these things to others and in social situations.

Potential the capacity and ability of a candidate to assume the duties of the position to be filled and those of higher or more responsible positions.

Next-in-Rank Position a position which by reason of the hierarchical arrangement of positions in the agency or in the government is determined to be in the nearest degree of relationship to a higher position as contained in the agency's System of Ranking Positions (SRP).

Non-Career Service positions expressly declared by law to be in the non-career service; or those whose entrance in the service is characterized by (1) entrance on the bases other than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to the duration of a particular project of which purpose employment was made.

Personnel Actions any action denoting the movement or progress of personnel in the civil service such as original appointment, promotion, transfer, reinstatement, reemployment, detail, reassignment, secondment, and demotion.

Promotion the 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.

Qualification Standards a statement of the minimum qualifications for a position which shall include education, experience, training, civil service eligibility, and physical characteristics and personality traits required in the performance of the job.

Qualified Next-in-Rank an employee appointed on a permanent status to a position next-in-rank to the vacancy as reflected in the SRP approved by the head of agency and who meets the requirements for appointment to the next higher position.

Second Level Positions those which involve professional, technical and scientific work in a non-supervisory or supervisory capacity up to Division Chief level or its equivalent.

Selection the systematic method of determining the merit and fitness of a person on the basis of qualifications and ability to perform the duties and responsibilities of the position.

Open Positions positions that do not have any next-in-rank positions or residual positions of each level which may be filled up by lateral or vertical entry.

Selection Line-up a listing of qualified and competent applicants for consideration to a vacancy which includes, but not limited to, the comparative information of their education, experience, training, civil service eligibility, performance rating (if applicable), relevant work accomplishments, physical characteristics, psycho-social attributes, personality traits and potential.

Superior Qualifications any outstanding relevant work accomplishments, educational attainment and training appropriate for the position to be filled, which shall include demonstration of exceptional job mastery and potentials in major areas of responsibility.

System of Ranking Positions the hierarchical arrangement of positions from highest to lowest which shall be a guide in determining which position is next-in-rank, taking into consideration the following:

a. Organizational structure;

b. Salary grade allocations;

c. Classification and functional relationship of positions; and

d. Geographical location.

IV. Basic Policies

1. Selection of appointees in the lower courts shall be open to all qualified men and women according to the principle of merit, fitness and equality.

There shall be equal employment opportunities for men and women at all levels of positions in the lower courts, provided that they meet the minimum requirements of the position to be filled.

There shall be no discrimination in the selection of employees on account of gender, civil status, disability, religion, ethnicity, or political affiliation.

2. The MSPP-LC shall cover positions in the first and second levels and shall also include original appointments and other related personnel actions.

3. When a position covered by this MSPP-LC becomes vacant, applicants selected for appointment thereto who are competent and qualified and possess the appropriate civil service eligibility shall be considered for permanent appointment.

4. Vacant positions marked for filling shall be published in accordance with

5. The members of the SPB-LC shall undergo orientation and workshop on the selection or promotion process and CSC policies on appointments.

6. The Chief Justice shall, as far as practicable, ensure equal opportunity for men and women to be represented in the SPB-LC.

7. All qualified next-in-rank employees shall be automatically considered candidates for promotion to the next higher position.

8. The appointing authority may appoint an applicant who is not next-in-rank but who possesses superior qualifications and competence, and has undergone the selection process.

9. The SPB-LC shall maintain fairness and impartiality in the assessment of candidates for appointments. Towards this end, the SPB-LC may initiate innovative schemes in determining the best and most qualified candidate.

The following appointments shall no longer be screened by the SPB-LC:

a. Substitute appointments due to their short duration and emergency nature. However, should the position be filled by regular appointment, candidates for the position should be screened and passed upon by the SPB-LC;

b. Appointment to personal and primarily confidential positions; and

c. Renewal of temporary appointment issued to incumbent personnel.

10. Recommendations for appointment to vacancies in the Branch of a court shall be made by the Presiding Judge or the Acting Presiding Judge thereof and submitted to the Executive Judge for transmittal to the Office of Administrative Services, Office of the Court Administrator (OAS-OCA) for consideration or deliberation by the SPB-LC.

For vacancies in the Office of the Clerk of Court, recommendations shall be made by the Executive Judge.

The Presiding Judge or Acting Presiding Judge or the Executive Judge, as the case may be, shall forward to the OAS-OCA all other applications for inclusion in the deliberations of the SPB-LC.

The recommendee of the Judge shall be given priority only if said applicant-recommendee possesses superior qualifications than, or is at least equally qualified as, the other applicants.

11. The SPB-LC shall evaluate the qualifications of the recommendees or applicants. Through a resolution, it shall recommend to the Court either the approval or denial of applications, taking into consideration the qualification requirements of the position to be filled up.

12. No relatives of incumbent employees within the third civil degree of consanguinity or affinity shall be appointed in the same branch or office except when the appointment involves the promotion of an incumbent employee of the same branch or office, a change of status of appointment, or a renewal of temporary appointment.

13. In the absence of qualified applicants or qualified next-in-rank employees, recommendees who fail to meet the appropriate eligibility, training, and experience requirements of the position may be appointed under temporary status provided that the appointee submits a) a CSC certification as to the non-availability of eligibles within the area; and if there are any, a waiver executed by the eligibles that they are not interested to be appointed, stating also their reasons for such waiver; and b) an affidavit of the appointee that they are willing to accept the appointment under temporary status.

14. The comparative competence and qualifications of candidates for appointment shall be determined on the bases of the following:

a. Performance For appointment by promotion, the performance rating of the appointee for the last rating period prior to the effectivity date of the appointment should be at least very satisfactory.

For appointment by transfer, the performance rating for the last rating period immediately preceding the transfer from the former office or agency should be at least very satisfactory.

b. Eligibility This is granted to a person who passes in a civil service or board or bar examination or to one who obtains high scholastic grades or honors upon graduation from college, usually evidenced by a certificate of eligibility issued by the CSC and the entry of the eligible's name in the CSC register of eligibles.

c. Education and Training These include educational background, successful completion of training courses conducted by institutions accredited by the CSC, scholarships, and grants which are relevant to the duties of the position to be filled.

d. Experience and Outstanding Accomplishments These include occupational history, relevant work experiences acquired either from the government or private sector, and accomplishments worthy of special commendation.

e. Psycho-Social Attributes and Personality Traits These refer to the characteristics or traits of a person which involve both psychological and social aspects. Psychological traits include how an applicant perceives things, ideas and beliefs and how the applicant acts and relates these things to others and in social situations.

f. Potentials These refer to the capacity and ability of a candidate to assume not only the duties of the position to be filled but also higher or more responsible positions.

A greater percentage weight shall be allocated to performance.

15. No employee may be promoted to a position which is more than two (2) salary grades higher than the employee's present position except in very meritorious cases, such as:

a. The position occupied by the person is next-in-rank to the vacant position as identified in the SRP of the agency.

b. The position is lone or entrance position as indicated in the agency staffing pattern.

c. The position belongs to the dearth category such as Medical Officer Specialist positions and Attorney positions.

d. The position is unique and/or highly specialized such as Actuarial positions and Airways Communicator.

e. The candidates passed through a deep selection process taking into consideration the candidates' superior qualifications in regard to:

Educational achievements

Highly specialized trainings

Relevant work experience

Consistent high performance rating ranking

f. The vacant position belongs to the closed career system.

16. An employee who is on local or foreign scholarship, training grant, or maternity leave, may be considered for promotion. For this purpose, the performance rating to be considered shall be that obtained 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 of the appointee.

17. Promotion within six (6) months prior to compulsory retirement shall not be allowed except when a particular promotional appointment was processed outside the 6-month period before the appointee's retirement.

18. The day following the receipt of a notice of the appointment issued, the Judge or the Clerk of Court shall cause the posting of said notice of appointment at three conspicuous places within the court's premises for a period of at least fifteen (15) calendar days.

V. Procedure

1. Request for Authority to Fill Vacant Positions

The Court Administrator shall request authorization from the Chief Justice to fill vacancies in the lower courts. In the case of position soon to be vacated due to the compulsory retirement of its incumbent, the request shall be made within six (6) months prior to the date of the incumbent's retirement. In the case of vacancy due to other causes such as optional retirement, death, transfer, dismissal, resignation or promotion of the incumbents, the request for authorization to fill shall be made within one (1) month from the occurrence of the vacancy. The Court Administrator shall specify the positions to be filled and the court or office where such positions belong. Upon approval of the request, the OAS-CA shall notify the concerned Presiding Judge or Acting Presiding Judge and Executive Judge.

The OAS-OCA shall regularly notify the Court Administrator of the vacancies.

2. Publication of Vacant Positions

Within one (1) month from notice of approval of the Chief Justice, the OAS-OCA shall:

a. Cause the publication of the vacant positions in the CSC Bulletin of Vacant Positions or through other modes of publication; and

b. Notify the Clerk of Court to post notices of vacancies.

Within five (5) days from notification, the Clerk of Court shall post notices of vacancies to be filled in three (3) conspicuous places in the court's premises for ten (10) working days. The notice shall specify the qualification standards and requirements for the position.

Within two (2) months from the expiration of the ten-day period of posting, the following guidelines shall be observed:

a. The Presiding Judge or Acting Presiding Judge shall submit all applications, with or without recommendation, to the Executive Judge.

b. The Executive Judge shall indorse all applications, with or without his recommendation, to OAS-OCA within five (5) days from receipt thereof.

Vacant positions which are not filled within six (6) months shall be re-published.

The following positions are exempt from the requirements of publication and posting of notices;

a. Primarily confidential positions;

b. Positions which are policy determining;

c. Highly technical positions;

d. Co-terminous with the appointing authority or limited to the duration of a particular project; and

e. Positions to be filled by existing regular employees in the agency in case of reorganization.

3. Listing of All Candidates for the Position

The OAS-OCA shall prepare a list of candidates aspiring for the vacant position, either within or outside the branch or office, including qualified next-in-rank employees.

4. Preliminary Evaluation of Qualifications

The OAS-OCA shall conduct preliminary evaluation of the qualifications of all candidates named in the list. Those initially found qualified shall be included in a selection line-up which shall also reflect the candidates comparative competence and qualifications based on the following factors:

a. performance;

b. education and training;

c. experience and outstanding accomplishments;

d. psycho-social attributes and personality traits; and

e. potential.

5. Notification of Outcome of Preliminary Evaluation

The OAS-OCA shall notify all applicants of the outcome of the preliminary evaluation.

6. Submission of Line-up to the SPB-LC

The OAS-OCA shall immediately submit the selection line-up to the SPB-LC for its deliberation.

7. Assessment of Competence and Qualification of Candidates

The SPB-LC shall make a systematic assessment of the competence and qualifications of candidates for appointment. It shall evaluate and deliberate en banc the qualifications of those listed in the selection line-up.

8. Submission of Resolution containing the List of Candidates to the Court

The resolution containing the list of candidates recommended for appointment, from which the appointee will be chosen, shall be in the prescribed format, to be signed by all those who participated therein, and to be submitted to the Office of the Chief Justice within five (5) days from its approval by the SPB-LC.

The list of recommended candidates should reflect the comparative competence and qualification of the top five ranking candidates.

9. Assessment and Selection by the Chief Justice and the Chairpersons of the Divisions

The Chief Justice, with the concurrence of the Chairpersons of the Divisions, pursuant to

10. Transmittal of Resolution/Approval of Appointment

The resolution containing the approved appointment of the selected candidate, signed by the Chief Justice with the concurrence of the Chairpersons of the Divisions pursuant to

11. Posting of a Notice Announcing the Appointment

After the appointment has been made by the Chief Justice with the concurrence of the Chairpersons of the Divisions pursuant to

VI. Grievance (Protest)

1. Grounds of Protest

A qualified next-in-rank employee may file a protest against the appointment issued for the following reasons:

a. Non-compliance with the selection process;

b. Discrimination on account of gender, civil status, disability, pregnancy, religion, ethnicity or political affiliation;

c. Disqualification of the appointee to a career position for reason of lack of confidence of the recommending authority; and

d. Other violations of the provisions of this MSPP-LC.

2. Forms and Contents of Protest

The protest shall be written in clear, simple and concise language and in a systematic manner. The aggrieved party shall be called the "Protestant " and the proposed appointee the "Protestee. "

The protest shall contain the following:

a. The position contested, including its item number in the Plantilla;

b. The full name, office, position and salary per annum of both the protestant and the protestee;

c. The specifications of the protest; and

d. The comparative data qualifications pertaining to both the protestant and the protestee by showing their education, training, experience, outstanding accomplishments, civil service eligibility, and latest performance rating.

3. Period for Filing Protest

The protest may be filed within fifteen (15) days from notice of the appointment by the protestant.

Failure to file a protest within the prescribed period shall be deemed a waiver of one's right, and no protest shall thereafter be entertained.

4. Procedure in Filing Protest

a. The aggrieved party shall, within the prescribed period, file his protest in triplicate copies, together with all relevant documents, directly with the OAS-OCA which, in turn, shall immediately forward the same to the SPB-LC.

b. The SPB-LC shall, within three (3) days from receipt of the protest, require the recommending Judge or the Presiding or Executive Judge where the contested position exists, to comment thereon within five (5) days.

c. The relevant documents and the comment thereon of the Judge concerned shall be forwarded by the SPB-LC, together with its own recommendation and findings on the matter, to the Chief Justice and the Chairpersons of the Divisions for resolution.

In case of failure on the part of the Judge concerned to file a comment within the prescribed period, the protest shall be submitted to the Chief Justice and the Chairpersons of the Divisions for resolution on the basis of available documents or records at hand.

d. The decision of the Chief Justice and the Chairpersons of the Divisions on the protest is final and executory.

VII. Composition of the SPB-LC

The SPB-LC shall be composed of the following pursuant to as amended by

The SPB-LC shall assiduously study and screen applications for the positions in the lower courts, and, thereafter, make recommendations thereon to the Court for approval.

Specifically, the SPB-LC shall act on the following:

1. When an applicant who is not yet in the service is recommended to a vacant position even if there are qualified applicants thereto who are already in the service;

2. When more than one (1) applicant for the same position are recommended by the Presiding Judge;

3. When the applicant recommended by the Acting Presiding Judge of the court where the vacancy exists is different from the recommendee of the regular Presiding Judge therein who is detailed to another court;

4. When the applicant recommended by the Acting Presiding Judge or by the regular Presiding Judge detailed in another court is different from the recommendee of the Executive Judge;

5. When the recommendee of a Judge is objected to by the recommendee's co-employee belonging to the same court; and

6. Such other matters as may be referred to the SPB-LC for resolution.

VIII.Functions and Responsibilities of the SPB-LC

The SPB-LC shall have the following functions and responsibilities:

1. Adopt a formal screening procedure and formulate criteria for the evaluation of candidates for appointment, taking into consideration the following:

a. Reasonable and valid standards and methods of evaluating the competence and qualifications of all applicants competing for a particular position; and

b. Criteria for evaluation of qualifications of applicants for appointment which must suit the job requirements of the position.

2. Disseminate screening procedure and criteria for selection to all lower court officials and employees and interested applicants. Any modification of the procedure and criteria for selection shall likewise be properly disseminated.

3. Prepare a systematic assessment of the competence and qualifications of candidates for appointment. Maintain fairness and impartiality in the assessment of candidates.

4. Evaluate and deliberate en banc the qualifications of those listed in the selection line-up.

5. Submit, by resolution, the list of candidates recommended for appointment from which the appointing authority shall choose the applicant to be appointed.

6. Maintain records of all deliberations which must be made accessible to interested parties upon written request and for inspection and audit by the CSC; and

7. Orient the officials and employees in the lower courts pertaining to the policies relative to personnel actions.

IX. Functions and Responsibilities of the OAS-OCA

The OAS-OCA shall have the following functions and responsibilities:

1. Disseminate copies of the MSPP-LC to all Judges after approval thereof by the CSC;

2. Develop a System of Ranking Positions for approval by the Chief Justice, copy furnished the CSC and its Field Office concerned, for reference purposes;

3. Develop and maintain an updated qualification database of employees to include education, training, experience, skills, competencies and other similar information;

4. Develop a program to fast-track the career movement of employees with superior qualifications; and

5. Require the employees to update their Personal Data Sheet annually, if deemed necessary, and to submit supporting documents thereto to the OAS-OCA.

X. Effectivity

The MSPP-LC and the subsequent amendments thereto shall take effect immediately after approval by the CSC.

XI. Commitment

We hereby commit to implement and abide by the provisions of this Revised MSPP-LC.

It is understood that this MSPP-LC shall be the basis for expeditious approval of appointments.

Issued this 30th day of September 2005.

(SGD.) HILARIO G. DAVIDE, JR.
Chief Justice
Chairman, First Division

(SGD.) REYNATO S. PUNO
Associate Justice
Chairman, Second Division

(SGD.) ARTEMIO V. PANGANIBAN
Associate Justice
Chairman, Third Division

(By virtue of and pursuant to

Footnotes

1. Administrative Circular No. 50-2001 was previously revised on June 1, 2004.

2. Additional member of the Secretariat approved by the Honorable Court in the Memorandum dated 28 January 2004.