Merit Promotion and Fitness Principle

Introduction

Entrance to the government service based on merit and fitness is one

characteristic of the bureaucracy that has been recognized in all

bureaucracies worldwide. In the Philippines, this is so stipulated in the 1987

constitution.

Merit system is a system by which entrance and advancement in the civil

service is based on merit and fitness to be determined by competitive

examinations and other objective criteria. It is the guiding principle in the

selection, recruitment and promotion of the officers and employees of the

local government bureaucracy or in the executive departments.

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Promotion

Promotion is an advancement of an employee from one position to another

with an increase in duties and responsibilities. It is usually accompanied by

an increase in salary. The movement may be from one department or agency

to another, or from one organizational unit to another in the same

department or agency.

Purposes of promotion

Promotions permit an organization to utilize more effectively any skills and

abilities that individuals have been able to develop during the course of their

training and employment. The opportunity to gain a promotion can serve as

incentive for individuals to improve further their capacities and their

performance. Promotions can also serve as reward and as evidence of

appreciation for past achievements. If the promotion program is

administered properly, it can serve to improve employee efficiency and

morale and to attract new employees to the organization. In the past a

promotion invariability meant the assumption the supervisory

responsibilities, but today it may not. It is fairly common now for

organizations to establish alternative methods by which employees may be

promoted. Where scientist, engineers, and other specially trained personnel

are utilized, a dual-track system may be provided for promotional

opportunities to jobs that may not include supervisory responsibilities.

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Bases for promotion

The benefits to be derived from a promotion program are contingent upon

having objective criteria available for selecting individuals are promotion.

The use of such criteria permits promotion decisions to be made fairly and

enables employees to understand the basis for them.

Merit and Seniority

The two principal criteria for determining promotions are merit and seniority.

While the term merit more correctly applies to an individual’s record of

performance, it also is commonly used in references to abilities. In its

broader sense, merit can be said to refer to both past performance and

ability; for it is in this sense that merit is used as criterion for determining

that an individual is qualified to meet the requirements of a higher-level job.

Evidence of merit may be provided by performance ratings, personal history

records, and scores on job-relevant tests. Seniority refers to the length of

service that an employee has accumulated. While seniority lends itself to

more objective measurement than merit, its determination can create

various problems.

In giving recognition to merit and seniority, the problem generally is not one

of deciding which of the two factors to consider; rather, the problem is to

determine the degree of recognition which should be given to each of the

factor. Rarely is either merit or seniority considered to the exclusion of the

other, although employers generally prefer to give more weight to merit.

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Even when not restricted by a labor agreement, however, management may

find itself giving considerable recognition to seniority because of the

difficulty of effectively measuring relative merit and effectively

communicating to employees that the measurement is accurate and fair.

Recognition for seniority also increases the assurance that there is no

discrimination, or what might also perceived to be discrimination, on the

basis of age, sex, or minority group membership in promotion decisions.

In considering candidates for promotion, performance in their present job

may not necessarily provide an accurate basis for predicting success in a job

at a higher level. This fact is especially true if an employee is being

promoted into a different type of job, such as when an operative employees

is promoted to a supervisory job. To the extent that the functions of the job

for which a candidate is being considered are different, it is important that

merit be judged in terms of meeting the requirements of the higher-level job

as well as in terms of meeting those of the present one.

Policies on Promotion

The present policies on promotion are found in Rule VI of the Omnibus Rules

Implementing Book V of Executive Order 292.

The salient features of the Rule are as follows:

1. Whenever a position in the first level becomes vacant, the employees

in the department/agency who occupy positions deemed to be next-in-

rank to the vacancy, shall be considered for promotion.

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 2. Whenever a position in the second level becomes vacant, the

employees in the entire bureaucracy who occupy next-in-rank position,

shall be considered for promotion.

3. The most qualified next-in-rank employee may be promoted to the

vacancy.

4. The appointing authority may appoint an individual who is not next-in-

rank but possess superior qualifications and competence than the

next-in-rank employee

5. Next-in-rank position is defined as the one which by the reason of the

hierarchical arrangement of position in the department or agency or in

the government, assumes the nearest degree of relationship to a

higher position as they appear in the agency’s System of Ranking

Positions

6. When employees are on equal footing in their qualifications, preference

may be given to the employee in the organizational unit where the

vacant position is, or for second level positions, in the department or

agency where the vacancy is.

7. The factors used in determining degree of competence and

qualification of employees are the following:

a. Performance – this is based on the last performance rating of the

employee. The performance rating should at least be Very

Satisfactory

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 b. Education and Trainings – these include educational background

and successful completion of training courses, scholarships,

training grants and others

c. Experience and Outstanding Accomplishments – these include

occupational history, work experience and accomplishments

worthy of special commendation

d. Physical Characteristics and Personality Traits – these refer to

physical fitness, attitude and personality traits of the individual

which must have a bearing on the position to be filled

e. Potential – this considers the employee’s capability not only to

perform duties and assume the responsibilities of the position to

be filled but also those of higher positions that entail more

responsibilities

Selection and Promotion Board

To ensure objectivity in the promotion process, a Selection/Promotion Board

is established in every department or agency which is composed of the

following:

1. An official of the department/agency is directly responsible for

personnel management

2. A representative of management

3. A representative of the organizational unit where the vacancy is

4. Two representatives of the rank-and-file employees representing the

first and second level, who are chosen by the duly

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 registered/accredited employee association in the department or

agency. If there is no such association, they are chosen at large by the

employees through a general election called for the purpose. The first

level representative participates in screening for candidates for

vacancies in the first level, while the second level representative

participates in the screening of candidates for vacancy in the second

level.

The Board has the following functions:

1. Adopts formal screening procedures and formulate criteria for

evaluation and candidates for promotion.

2. Evaluates the qualifications of employees being considered for

promotion according to the set standards.

3. Prepares the list of employees recommended for promotion from which

the appointing authority may choose.

4. Recommends the promotion of employees most qualified to fill the

vacancies.

The role of the Selection/Promotion Board is recommendatory in nature. It is

the appointing authority who makes the final decision as they are vested

with a wide latitude of discretion in the final selection of the appointee.

Merit Promotion Plan

To ensure that the proper procedures are followed in the process of selection

and promotion, a Merit Promotion Plan (MPP) is established in all

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departments and agencies. The Plan is the document that will show an

agency’s adherence to the established rules and regulations governing

promotion.

The MPP is developed by the agency within a year from its organization or

reorganization and is submitted for approval to CSC Regional Office having

jurisdiction over the agency. It is updated and any amendments or changes

therein take effect six months from the date of approval by the Commission.

All employees in the agency are informed about the provisions of the MPP

and its amendments.

The Commission provides technical assistance to departments and agencies

in preparing their MPPs and sees to it that they are carried out.

Important Policies on Promotion

All appointments involved in a chain of promotions are submitted

simultaneously for approval by the Commission. Disapproval of the

appointment of a person proposed to a higher position invalidates the

promotion of those in the lower position and automatically restores them to

their positions. Affected persons are entitled to the payment of salaries for

services rendered based on rates fixes promotional appointments.

When an employee has a pending administrative case, he/she is disqualified

for promotion while the case remains unsolved. If found guilty, he is

disqualified for promotion for a period based on the penalty imposed, as

prescribed by the Commission.

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An administrative case in considered pending when the disciplining authority

has already filed a formal charge; or when, in a complaint filed by a private

person, the disciplining authority, already found a prima facie case.

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Protest/Appeal

Within 15 days from the issuance of an appointment, a next in-rank

employee who is competent and qualified who feels aggrieved by the

promotion of another, may file a protest with the department or agency head

who makes decision within 30 days from receipt of protest.

If the person is not satisfied with the decision of the agency head, he may

further appeal within 15 days from receipt of the decision to the Office for

Legal Affairs of the Civil Service Commission, which will render a decision

within 60 days from the time the protest case is submitted for decision.

The decision of the OLA is final and executor if no petition for reconsideration

is filed within 15 days from receipt of the decision.

Failure to protest, appeal, petition for reconsideration or petition for review

within the prescribed period will be deemed a waiver of such right and

render the subject action/decision final and executor.

An appointment through contested, takes effect immediately upon its

issuance if the appointee assumes the duties of the position. The appointee

is also entitled to received the salary approved for the position. The

appointment, together with the decision of the agency is submitted to the

Commission for appropriate action within 30 days from the date of its

issuance, otherwise, the appointment becomes ineffective. The appointment

also becomes ineffective if the protest is finally resolved against the

protestee, in which case, he/she reverts to his/her former position.

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The Supreme Court decision on Lapinid vs. CSC – G.R. 96298 is worth

mentioning. The case rose from a protest by a more qualified employee by

virtue of ranking made and recommended by the Promotion Board. The High

Court ruled that once a promotional appointment has been issued and

appointee meets the required minimum qualification, the appointment

cannot be protested and appealed. The Supreme Court declared that an

appointment is highly discretionary act of appointing authority that even the

Court cannot compel. Thus, neither the CSC can entertain such protest.

Being a quasi-judicial body, CSC can only review appointments issued by

appointing official to find out of it the appointee possesses the required

qualifications. It has no authority to replace with another it believes to have

better credentials.

Despite the initial approval of promotional appointment, it may effect a recall

because of:

(a) Non-compliance with the procedures/criteria provided in the agency’s

Merit Promotion Plan

(b)Failure to pass through the agency’s Selection Promotion Board;

(c) Violation of the existing collective agreement between management and

employees concerning promotion; or

(d)Violation of other existing civil service laws, rules and regulations.

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