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RA 7041: Publication Law

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Many want to be employed in the government  because of the stability it provides but with the number of aspirants, the competition can be really tough. To get a step forward in your search, it helps to know which government agency needs you.

Republic Act No. 7041, more popularly known as the “Publication Law”, mandates the publication of existing vacant positions in the government. This law was passed in June 5, 1991 with the goal of promoting “efficiency in the allocation of personnel in the civil service.” More than that,  it hoped to achieve “transparency and equal opportunities in the hiring and recruitment of new personnel” by letting everyone know the positions which are available for filling in.  However, the following positions are not required to be published even when there exists a vacancy:

1. Primarily Confidential positions or those which require “close intimacy” or complete trust and confidence between the appointee and the appointing authority such as executive assistants, security officers, personal drivers, and private secretaries;

2. Policy-determining positions or those which require the appointee to formulate policies for the government, such as a cabinet member;

3. Highly technical positions or those which require the appointee to possess superior training or knowledge in a certain field, such as scientists or faculty positions in SUCs or LCUs;

4. Positions which are co-terminous with the appointing authority, such as that of a Provincial/City Administrator; and

5. Positions which are co-terminous with the duration of a particular project, such as that of a data encoder for a 10-month encoding project.

How does the “publication” happen? The government agency publishes by posting the list of its vacant positions in at least 3 conspicuous (or readily visible) places in their office for at least 10 days (15 days for LGUs).  This list is also submitted to the nearest Civil Service Commission Field Office for posting in the Bulletin of Vacant Positions. The reckoning of the 10-day period shall be from the date when such list is officially received by the CSC. An alternative way of posting is through publishing the list in any newspaper or periodical of general circulation, in which case the agency need only to submit to the CSC a clipping of the published announcement.

The completion of the 10-day publication period is very important because the CSC will only act on the issued appointment if it has been complied with. This means that if a position is filled-in without being completely published, the CSC will not approve (more properly termed as “attest”) the appointment nor disapprove or invalidate it. The CSC will only return the appointment to the agency with a notice to re-publish the vacancy  for another 10-day periodThe appointee cannot be allowed to continue working after the agency receives the notice; otherwise, the appointing authority shall be personally liable for his/her salary. Once the publication period is complied with, the appointing authority may still choose to appoint the person named in the previous appointment. So to the job-hunter, may the odds be in your favor!

For validation of the information in this article, the author used the following sources: 1) RA 7041 and 2) Revised Omnibus Rules on Appointments and Other Personnel Actions (CSC MC No. 48, s. 1998 as amended)

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