Republic Act No. 7041 is a Philippine law, approved on June 5, 1991, that requires government offices to regularly publish their vacant positions. Its aim is to make government hiring more transparent and to give qualified people an equal chance to apply. For DepEd teachers and staff, it explains why vacancies in schools and division offices are posted before anyone is appointed.
On this page 8 sections
Key points
- Policy: The government promotes efficient placement of civil service personnel, plus transparency and equal opportunity in hiring (Section 1).
- Posting by offices: Chief Personnel or Administrative Officers must post a complete list of vacant positions that are authorized to be filled. The list goes in three conspicuous places in their offices for 10 days (Section 2).
- Report to the Civil Service Commission (CSC): Offices must send the list and its qualification standards to the CSC no later than the 10th day of every month (Section 2).
- No filling before publication: A vacant position may not be filled until it has been published (Section 2).
- Quarterly CSC publication: The CSC publishes a complete list of government vacancies nationwide, with qualification standards, once every quarter. Copies are sold to the public at cost and given free to government personnel offices (Section 3).
- Open to all qualified applicants: A published vacancy is open to any qualified person. The applicant does not need to work in the same office or hold the next-in-rank position (Section 3).
- No action on unpublished appointments: The CSC will not act on an appointment to a vacant position unless the vacancy was reported to and published by the CSC (Section 3).
Positions that do not need to be listed
Section 2 excludes vacant positions that are:
- Primarily confidential
- Policy-determining
- Highly technical
- Coterminous with the appointing authority
- Limited to the duration of a particular project
The law also does not apply during any period when there is a ban on hiring (Section 7).
Who it covers
The law covers all branches, subdivisions, instrumentalities, and agencies of the government. This includes government-owned or -controlled corporations with original charters and local government units. Local government units must also post the CSC’s quarterly publication in at least three public and conspicuous places in their municipalities and provinces.
Penalties
| Violation | Penalty |
|---|---|
| Violation of Sections 2 and/or 3 | Public censure, and possible withholding of salary until the official complies |
| Repeated and willful violation | Criminal prosecution; on conviction, two years of imprisonment and/or a fine of P5,000 to P10,000, at the court’s discretion |
The CSC has original and exclusive jurisdiction to investigate violations and recommend prosecution. If the alleged violator is the CSC Chairman or a Commissioner, the Ombudsman handles the case (Section 5).
Effectivity
The Act takes effect 15 days after publication in any newspaper of general circulation. It was approved on June 5, 1991.
Full text of Republic Act No. 7041
An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices, Appropriating Funds Therefor, and for Other Purposes
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Policy.—It shall be the policy of the Government to promote efficiency in the allocation of personnel in the civil service, as well as transparency and equal opportunities in the recruitment and hiring of new personnel.
SEC. 2. Duty of Personnel Officers.—It shall be the duty of all Chief Personnel or Administrative Officers of all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or -controlled corporations with original charters, and local government units, to post in three (3) conspicuous places of their offices for a period of ten (10) days a complete list of all existing vacant positions in their respective offices which are authorized to be filled, and to transmit a copy of such list and the corresponding qualification standards to the Civil Service Commission not later than the tenth day of every month. Vacant positions shall not be filled until after publication: Provided, however, That vacant unfilled positions that are:
a) Primarily confidential;
b) Policy-determining;
c) Highly technical;
d) Coterminous with that of the appointing authority; or
e) Limited to the duration of a particular project shall be excluded from the list required under this Law.
SEC. 3. Publication of Vacancies.—The Chairman and members of the Civil Service Commission shall publish once every quarter a complete list of all the existing vacant positions in the Government throughout the country, including the qualification standards required for each position and, thereafter, certify under oath to the completion of publication. Copies of such publication shall be sold at cost to the public and distributed free of charge to the various personnel offices of the government where they shall be available for inspection by the public: Provided, That said publication shall be posted by the Chief Personnel or Administrative Officer of all local government units in at least three (3) public and conspicuous places in their respective municipalities and provinces: Provided, further, That any vacant position published therein shall be open to any qualified person who does not necessarily belong to the same office with the vacancy or who occupies a position next-in-rank to the vacancy: Provided, finally, That the Civil Service Commission shall not act on any appointment to fill up a vacant position unless the same has been reported to and published by the Commission.
SEC. 4. Penalties.
a) Any violation of Sections 2 and/or 3 of this Act and its implementing rules and regulations shall subject the official concerned to public censure without prejudice to the withholding of his salary pending compliance with the requirements as provided in this Act.
b) Any repeated and willful violation of Sections 2 and/or 3 of this Act and its implementing rules and regulations shall subject the official concerned to criminal prosecution and, upon conviction, suffer the penalty of imprisonment of two (2) years and/or a fine of not less than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00), at the discretion of the court.
SEC. 5. Jurisdiction.—The Civil Service Commission shall have original and exclusive jurisdiction to investigate and recommend for prosecution all cases of violation of this Act: Provided, however, That in case the violation is alleged to have been committed by the Chairman and/or any of the Commissioners of the Civil Service Commission, the Ombudsman shall have original and exclusive jurisdiction over the investigation and prosecution of said alleged violation.
SEC. 6. Implementing Rules.—The Civil Service Commission shall issue the rules and regulations necessary for the effective implementation of this Act.
SEC. 7. Existing Laws.—Without prejudice to the provisions of existing laws requiring the posting or disclosure of matters of public interest, the provisions of this Act shall not apply during any period when there is a ban on hiring.
SEC. 8. Appropriation.—The amount necessary for the effective implementation of this Act shall be charged against the appropriations for the Civil Service Commission under the current General Appropriations Act. Thereafter, such amount as may be necessary for the continuous implementation of this Act shall be included in the annual General Appropriations Act.
SEC. 9. Repealing Clause.—All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act or the rules and regulations promulgated pursuant thereto are hereby repealed or amended accordingly.
SEC. 10. Separability Clause.—If any provision of this Act is declared unconstitutional or inoperative, the other provisions not so declared shall remain in force and effect.
SEC. 11. Effectivity.—This Act shall take effect fifteen (15) days after publication in any newspaper of general circulation.
Approved, June 5, 1991.
Related reading
Frequently asked questions
What does Republic Act No. 7041 require?
It requires government offices to post and report their vacant positions, and the Civil Service Commission to publish them every quarter, before the positions are filled.
When was RA 7041 approved?
It was approved on June 5, 1991. It takes effect 15 days after publication in a newspaper of general circulation.
Which vacant positions do not need to be published under RA 7041?
Positions that are primarily confidential, policy-determining, highly technical, coterminous with the appointing authority, or limited to the duration of a particular project are excluded.
Can someone from outside the office apply for a published vacancy?
Yes. Any qualified person may apply, even if they do not belong to the same office or hold the next-in-rank position.
What is the penalty for violating RA 7041?
A violation leads to public censure and possible withholding of salary. Repeated and willful violations can lead to two years of imprisonment and/or a fine of P5,000 to P10,000.
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