[ SC ADMINISTRATIVE CIRCULAR NO. 37-2001A, August 21, 2001 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 37-2001A, August 21, 2001 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 37-2001A, August 21, 2001 ]

ESTABLISHING THE SUPREME COURT MERIT SELECTION AND PROMOTION PLANT (SCMSPP)

Pursuant to Section 32, Book V of Administrative Code of 1987 (Executive Order No. 292) and Civil Service Commission (CSC) Memorandum Circular No. 3, s. 2001, this Supreme Court Merit Selection and Promotion Plan (SCMSSP) is hereby established for the guidance of all concerned.

I. OBJECTIVES

The SCMSSP aims to:

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

Create equal employment opportunities to all qualified men and women for employment and career advancement in the Supreme Court or the Judiciary.

II. SCOPE AND COVERAGE

The SCMSPP shall cover career positions in the 1st and 2nd level or its equivalent in the Supreme Court (SC), the Presidential Electoral Tribunal (PET), the Philippine Judicial Academy (PHILJA), and the Secretariat oi the Judicial and Bar Council (JBC).

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.

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.

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.

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

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.

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.

Second Level Positions - those which involve professional or technical work in a non-supervisory or supervisory capacity up to Division Chief level including the positions of Assistant Superintendent of Printing Services, Court Attorney IV, Director I, PHILJA Attorney IV, Court Attorney V, Director II, PHILJA Attorney V, Court Attorney VI and Director III.

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).

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

Qualification Standards - 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.

Job Requirements - requisites not limited to the qualification standards of the position but may be include skills, competencies, potential, 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 CSG, 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 of 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.

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 potential in major areas of responsibility.

Comparatively at Par - predetermined reasonable difference or gap between point scores of candidates for appointment establishment by the SPB.

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

System of Ranking Positions - is the hierarchical arrangement of positions from the 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 allocation;

c. classification and functional relationship of positions; and

d. geographical location.

Hiring Quota - the pre-determined ration of applicants for appointment to ensure that one gender does not fall of the desired percentage of the selection rate for the other gender in equivalent positions at every level, provided they meet the minimum requirements of the position.

IV. BASIC POLICIES

1. Selection of appointees shall be open to all qualified applicants according to the principle of merit, fitness and equality.

There shall be equal employment opportunities for men and women provided 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. There shall be a Selection and Promotion Board (SPB) for first and second level positions in the Supreme Court with the following composition:

Ex-Officio Chairperson - The Chief Justice (who may be represented by the Chief Justice's Staff Head)

Co-Chairperson - Atty. Luzviminda D. Puno

Vice-Chairpersons - Atty. Eden T. Candelaria - DCA JoseP. Perez

Members - 1. Officer-in-Charge, Office of Administrative Services, OCA

- 2. Representative, Office of the Court Administrator

- 3. Atty. Annaliza S. Ty-Capacite

- 4. A representative of the Chancellor of the Philippine Judicial Academy (PHILJA)

- 5. Representative, Supreme Court Association of Lawyer-Employees, Inc. (SCALE)

- 6. Two (2) Representative, Supreme Court Employees Association (SCEA), one (1) from the first level and one (1) from the second level who shall both be chosen by the said Association.

- 7. The Clerks of Court of the 1st, 2nd and 3rd Divisions, the Chief Attorney, the Reporter, the Bar Confidant, and the Chiefs of the JRO, FMBO, MISO, Medical Clinic, Library and Printing.

The incumbent Secretary and Assistant Secretary of the SPB shall remain as such until replaced by the Ex-Officio Chairperson.

Vice-Chairperson Jose P. Perez and the first two Members shall participate only when the position involved is in the Office of the Court Administrator covered by A.M. No. 98-7-01-SC.

The fourth member (PHILJA representative) shall participate only when the position involved is in the PHILJA.

The fifth member (SCALE representative) shall serve for a period of two (2) years and shall participate only when the position involved is a lawyer-position.

The SCEA representative for first level positions shall participate only when the position involved is in the first level, while the SCEA representative for second level positions shall participate only when the position involved is in the second level. Both rank-and-file representatives shall serve for a period of two (2) years .

The seventh member shall participate only when the position involved belongs to his/her office.

3. The SPB members, including the alternate representatives, shall undergo orientation and workshop on the selection and promotion process and CSC policies on appointments.

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

5. The SPB shall maintain fairness and impartiality in the assessment of candidates for appointment. Towards this end, the SPB may employ the assistance of external or independent resource persons and may initiate innovative schemes in determining the best and most qualified candidate.

6. The comparative competence and qualification of candidates for appointment shall be determined on the bases of:

Performance;

Education and Training;

Experience and Outstanding Accomplishments;

Psycho-social attributes and Personality traits; and

Potential

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

8. 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 when the vacant position is (a) next-in-rank as identified in the System of Ranking Positions (SRP) approved by the Chief Justice, or (b) the lone or entrance position indicated in the staffing pattern.

9. An employee should have rendered at least very satisfactory service for the last rating period before being considered for promotion.

10. An employee who is on local or foreign scholarship or training grant or on maternity leave may be considered for promotion.

For this purpose, the performance ratings to be considered shall be the rating immediately prior to the scholarship or training grant or maternity leave; and if promoted, the effectivity date of the promotional appointment shall be upon assumption to duty after the scholarship, training or maternity leave.

11. The Chief Justice shall assess the merits of the SPB's recommendation for appointment and in the exercise of his sound discretion and with the concurrence of the Chairmen of the Divisions pursuant to A.M. No. 99-12-08-SC, select the appointee, in so far as practicable, from among the top five (5) ranking applicants deemed most qualified for appointment to the vacant position.

12. The Chief Justice, with the concurrence of the Chairmen of the Divisions, may appoint an applicant who is not next-in-rank but who possesses superior qualification and competence, and has undergone the selection process.

13. Promotion within six (6) months prior to compulsory retirement shall not be allowed except as otherwise provided by law.

14. A notice announcing the appointment of an employee shall be posted for at least fifteen (15) calendar days in three (3) conspicuous places within the Court's premises a day after the issuance of the appointment.

15. The selection of appointees to the positions of Assistant Chief of Office, SC Senior Chief Staff Officer and other higher positions shall be made by the Chief Justice with the concurrence of the Chairmen of Divisions pursuant to A.M. No. 99-12-08-SC.

V. PROCEDURE

Publication of Vacant Positions.

The Secretariat of the Selection and Promotion Board shall cause the publication of the vacant positions to be filled in the CSC Bulletin of Vacant Positions or through other modes of publication. Likewise, notices of the vacancies shall be posted in three (3) conspicuous places in the Court's premises for at least ten (10) calendar days.

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:

Primarily confidential positions;

Positions which are policy determining;

Highly technical positions;

Other non-career positions; and

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

Listing of All Candidates for the Position.

The Secretariat shall prepare a list of candidates aspiring for the vacant position, either from within or outside the agency, including qualified next-in-rank employees.

Preliminary Evaluation of Qualifications.

The Secretariat 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:

performance;

education and training;

experience and outstanding accomplishments;

psycho-social attributes and personality traits; and

potential

Notification of Outcome of Preliminary Evaluation.

The Secretariat shall notify all applicants of the outcome of the preliminary evaluation.

Submission of Line-up to the SPB.

The Secretariat shall immediately submit the selection line-up to the SPB for its deliberation.

Assessment of Competence and Qualifications of Candidates.

The SPB 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.

Submission of Resolution containing the List of Candidates to the Chief Justice.

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 thereon, and to be submitted to the Office of the Chief Justice within ten (10) days from its approval by the SPB. The list of recommended candidates should reflect the comparative competence and qualification of the top five (5) ranking candidates.

Assessment and Selection by the Chief Justice.

The Chief Justice shall assess the merits of the SPB's recommendation for appointment; and, in the exercise of his sound discretion and with the concurrence of the Chairmen of the Divisions pursuant to A.M. No. 99-12-08-SC, select the candidate who is deemed most qualified for appointment to the vacant position.

Transmittal of Approved Authority.

The approved authority for the appointment of the selected candidate, signed by the Chief Justice with the concurrence of the Chairmen of the Divisions pursuant to A.M. No. 99-12-08-SC, shall be transmitted to the Personnel Division, Office of Administrative Services (OAS), for the processing and preparation of the appointment papers.

Posting of a Notice Announcing the Appointment.

A day after the Chief Justice has signed the appointment papers, the OAS shall post a notice announcing the appointment in three (3) conspicuous places within the Court's premises for at least fifteen (15) days. The date of posting should be indicated in the notice.

VI. GRIEVANCE

1. Qualified next-in-rank employees may present their grievance with the SC Grievance Committee on the following grounds:

Non-compliance with the selection process;

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

Disqualification of applicant to a career position for reason of lack of confidence of the appointing authority; and

Other violations of the provisions of this SCMSPP.

VII. FUNCTIONS AND RESPONSIBILITIES

PERSONNEL DIVISION, OFFICE OF ADMINISTRATIVE SERVICES (OAS)

Disseminate copies of the SCMSPP and its annexes to all personnel after approval thereof by the CSC;

Conduct orientation on the SCMSPP within six (6) months upon approval thereof to ensure awareness and understanding of the Plan. A report on the same shall be submitted to the CSC Field Office concerned for record purposes;

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

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

Develop a program to fast track the career movement of employees with superior qualifications;

SECRETARIAT, SELECTION AND PROMOTION BOARD

The Secretariat, SPB, shall have the following functions and responsibilities:

Publish vacant positions in the CSC Bulletin of Vacant Positions or through other modes of publication and post the same in three (3) conspicuous places in the Court's premises for at least ten (10) calendar days;

Conduct a preliminary evaluation of the qualification of all candidates; prepare a selection line-up and post the same in three (3) conspicuous places in the Court's premises for at least fifteen (15) calendar days;

Prepare a list of candidates aspiring for the vacant position either from within or outside the agency, including qualified next-in-rank employees;

Notify all applicants of the outcome of the preliminary evaluation;

Submit the selection line-up to the SPB for its deliberation en banc.

EMPLOYEES

The employees shall be responsible for updating their Personal Data Sheet annually, if deemed necessary, and submit supporting documents thereto to the Personnel Divisions, OAS.

SELECTION AND PROMOTION BOARD (SPB)

The SPB shall have the following functions and responsibilities:

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

(1) Reasonable and valid standards and method of evaluating the competence and qualifications of all applicants competing for a particular position; and

(2) Criteria for evaluation of qualifications of applicants for appointment which must suit the job requirements of the position.

Disseminate screening procedure and criteria for selection and any modification thereof to all officials and employees and interested applicants;

Prepare a systematic assessment of the competence and qualifications of candidates for appointment. Maintain fairness and impartiality in the assessment of candidates. Towards this end, the SPB may employ the assistance of external or independent resource persons and may initiate innovative schemes in determining the best and most qualified candidate;

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

Submit, by resolution, the list of candidates recommended for appointment from which the Chief Justice, with the concurrence of the Chairmen of the Divisions, shall choose the applicant to be appointed.

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

Orient the court officials and employees regarding policies relative to personnel actions.

VIII. EFFECTIVITY AND DISSEMINATION OF CIRCULAR

The SCMSPP herein established and the subsequent amendments thereto, if any, shall take effect immediately after approval by the Civil Service Commission.

Copies of this Administrative Circular shall be disturbed by the Office of Administrative Services, SC, to the Office of the Chief Justices and the Associate Justices; the Offices of the Court Administrator (OCA) and the Clerk of Court; the Office of the Fiscal Management and Budget Office, the Management and Information Systems Office, and the Public Information Office of the Supreme Court; the Office of Administrative Services and the Financial Management Office of the OCA; the Philippine Judicial Academy; the Secretariat of the, Judicial and Bar Council; and the Selection and Promotion Board of the Supreme Court.

This Administrative Circular supersedes Administrative Circular No. 37-2001 issued on 17 July 2001.

Issued this 21st day of August 2001.

(Sgd.) HILARIO G. DAVIDE, JR.

Chief Justice

(Sgd.)JOSUE N. BELLOSILLO

(Sgd.)JOSE A.R. MELO

Associate Justice

Associate Justice

Chairman, Second Division

Chairman, Third Division

(By virtue and pursuant to A.M. No. No. 99-12-08-SC

APPROVED BY:

________________________

CSC Regional Director

__________________

Date