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Government Employee but not Civil Service Eligible

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dilemma


Arresto Menor
hi! i would like to hear any opinion from you guys.Here's my case, I was employed by CAAP which is a GOCC as J.O.- Office Assistant . Recently, I was not able to renew my contract because of "un understandable" personal reason of the Manager of which i was not informed. With the 3 months I was employed in that agency, I was able to find out that the Manager was not a Civil Service Professional Eligible and also three of his staff is not under employment with the Civil Aviation Authority but by DOTC, 1 of whom a regular employee without any civil service eligibility. Are there any special Presidential Decrees that exempt Airport Managers from taking the Civil Service Exam and yet be employed by a Government Owned and Controlled Corporation? Or are there any special arrangements from DOTC that their Admin employees be retained within the CAAP jurisdiction?Please enlighten me. Thank You Very Happy

Do i have legal basis to complain my former boss to the Civil Service Commission?

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roy basanez


Arresto Menor
REQUIRED CIVIL SERVICE ELIGIBILITY OF AIRPORT MANAGER?

ARTICLE IX-B (CSC) excepted from taking competitive examination prior to admission to civil service are as follows: "primary confidential, highly technical, and primarily policy determining". I just think, but not sure, airport manager is primarily confidential position because of the NATURE of the job. he has no security of tenure, working under the pleasure of the appointing authority.

additionally, i don't think you have the locus standi "legal standing" to question his position because you are not directly injured or will be injured by his position

just a legal opinion. not sure

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anyaresatin


Arresto Mayor
Per CSC Qualification Standards, Airport Manager should have passed the Civil Service Examination (either a CS Professional  or Career Service Executive Eligibility).  However, if the  agency declared that position as primarily confidential, said staff  is considered as Non-career service which shall include confidential staff, hence no need for a civil service eligibility. Thus, you have no legal basis to file a complain with the CSC.

In case not declare as confidential position… she/he might be  a holder of  RA 1080 (Bar/Board eligibility) or a PD 907 (honor graduate eligibility),  thus she/he need not  acquire a civil service eligibility.

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