SC CIRCULAR NO. 43-92, August 13, 1992

OFFICE OF THE COURT ADMINISTRATOR

Pursuant, to a Resolution of this Court, dated April 9, 1987,
all personnel of the lower courts are appointed upon recommendation of the
Presiding Judges concerned. Likewise, temporary appointments are renewed upon
the recommendation of the said Judges.

However, it has been noted that some Judges, despite due
notice, fail to submit their recommendations two (2) months prior to the
expiration of the temporary appointments of their personnel^ thereby causing
delay in the processing and approval thereof which, in turn, delays the
submission of the 3aid appointments to the Civil Service Commission, thus
disregarding Section 11, Rule V of the Omnibus Civil Service- Rules quoted
hereunder:

Sec. 11. An appointment not submitted to the Commission within
thirty (30) days from the date of issuance which shall be the date appearing on
the face of the appointment, shall be ineffective. The appointing authority
shall be liable for the salaries of the appointee whose appointment became
ineffective.- The appointing authority shall likewise be liable for the payment
of the salary of the appointee if the appointment is disapproved because the
appointing authority has issued it in violation .of existing laws or rules,
making the appointment unlawful.”

Once a renewal appointment is disapproved by the Civil Service
.Commission pursuant to the above-quoted provision the only remedy acceptable to
the said commission is for this Court to issue a new appointment to the employee
concerned to be spitted to the aforesaid Commission within thirty (30) days from
the date of its issuance. However, such appointment inevitably causes a gap in
the service of the employee concerned even if he has actually rendered
continuous service in the court.

In view thereof, and in order to avoid the disapproval of
renewal appointments due to late submission to the Civil Service Commission,
henceforth, in the absence of a recommendation to the contrary, a renewal
appointment shall be automatically issued by this Court to an employee one month
before the expiration of his temporary appointment. However, such temporary
appointment may be terminated anytime upon the recommendation of the Judge
concerned based on valid and reasonable grounds.

For the information and guidance

August 13, 1992