Confusion marked the implementation of the first official issuance of President Benigno Aquino III, he had to hold it for review on the first day of its implementation.
Presidential Spokesman Edwin Lacierda said Malacañang is reviewing Memorandum Circular No. 1 that declared all non-career executive service positions vacant as of June 30, 2010 June 2010, and extended the services of contractual employees whose contracts expire on 30 June 2010.
Lacierda said, there was no mistake. They just “finetuned” the language. He said it should answer the question, “Bababa na ba ako?”. He also said there are non-career officials who are not political appointees.
At the department of Foreign Affairs,where all the undersecretaries were political appointees, Undersecretaries did not report to work because they would have no official personality and they would not be authorized to sign anything.
They are concerned they would be accused of “usurpation of authority.”
The MC was signed by Executive Secretary Paquito Ochoa. This is the original MC.
MEMORANDUM CIRCULAR NO. 1
DECLARING ALL NON-CAREER EXECUTIVE SERVICE POSITIONS VACANT AS OF 30 JUNE 2010, AND EXTENDING THE SERVICES OF CONTRACTUAL EMPLOYEES WHOSE CONTRACTS EXPIRE ON 30 JUNE 2010In order to prevent the unnecessary disruption of government operations and the impairment of all official processes and transactions as well as the delivery of services to the people, the following are hereby directed:
1. All positions occupied by non-CESO presidential appointees are hereby declared vacant as of noon, 30 June 2010. In the meantime, the most senior career executive service officer shall take over as Officer-in-Charge, to perform the duties and discharge the responsibilities of the position until 31 July 2010 or until a replacement has been appointed and has qualified whichever comes first.
2. The Contracts of Services of contractual employees which expire on 30 June 2010 are hereby extended up to 31 July 2010 unless otherwise earlier terminated or renewed by the heads of the hiring agencies in accordance with their specific needs and requirements and subject to pertinent administrative and auditing rules and regulations.
3. Services rendered by the government personnel mentioned in Section 2 herein shall be compensated in accordance with existing civil service, budgeting, accounting and auditing rules and regulations.
4. Officials and personnel referred to Sections 1 and 2 above are hereby finally directed to effect an orderly and complete turn-over of records, documents, books, equipment and other properties of their respective offices to their successors, after the latter shall have been
appointed, qualified to and assumed their positions.This Memorandum Circular shall take effect immediately.
Done in the City of Manila, this 30th day of June 2010
Signed for the President
Paquito Ochoa,
Executive Secretary
mc-no1 declare all non-career positions vacant
This is the revised MC 1:
MEMORANDUM CIRCULAR NO. 1
DECLARING ALL CO-TERMINOUS, THIRD LEVEL POSITIONS VACANT AS OF JUNE 30, 2010; DIRECTING ALL NON-CAREER EXECUTIVE SERVICE (CESO) OCCUPYING CAREER EXECUTIVE SERVICE (CES) POSITIONS TO CONTINUE TO PERFORM THEIR DUTIES AND RESPONSIBILITIES; AND EXTENDING THE SERVICES OF CERTAIN CONTRACTUAL AND/OR CASUAL EMPLOYEES WHOSE CONTRACTS EXPIRE ON JUNE 30, 2010.
In the exigency of the service and to ensure continuity of government operations, official processes and transactions as well as the delivery of services to the people, the following are hereby directed:
1. All presidential appointees under coterminous status and/ or those occupying positions created in excess of the authorized staffing pattern in all departments, offices, agencies and bureaus in the executive branch, are deemed separated from the service as of noon of June 30, 2010.
2. All non-Career Executive Service Officials (non-CESO) occupying Career Executive Service (CES) positions in all agencies of the Executive Branch shall remain in office and continue to perform their duties and discharge their responsibilities until July 31, 2010, or until their resignations have been accepted and/or until their respective replacements have been appointed or designated, whichever comes first.
3. In cases where the head of agency or office has resigned and whose resignation have been accepted or is deemed separated on June 30, 2010 and no replacement has been appointed or designated, the next-in-rank and most senior official shall take over as Officer-in-Charge, to perform the duties and discharge the responsibilities of the position until July 31, 2010 or until a replacement has been appointed or designated, whichever comes first.
4. Contractual and/or casual employees whose contracts expire on June 30, 2010 shall continue their services up to July 31, 2010, unless otherwise earlier terminated or renewed by the heads of the hiring agencies in accordance with their specific needs and requirements and subject to pertinent administrative and auditing rules and regulations.
5. Services rendered by the aforementioned officials and personnel referred to in paragraphs 2,3 and 4 in compliance with the provisions of this Memorandum Circular shall be compensated in accordance with existing civil service, budgeting, accounting and auditing rules and regulations.
6. Officials and personnel referred to Sections 2,3, and 4 above are hereby finally directed to effect an orderly and complete turn over of records, documents, books, equipment and other properties of their respective offices to their successors, after the latter shall have been appointed or designated.
This Memorandum Circular shall take effect immediately.
Done in the City of Manila, this 30th day of June 2010.
By Authority of the President:
PAQUITO N. OCHOA, JR.
Executive Secretary
MC #1 on HOLDOVERS (revised) -1final VERSION 1(2)
A Malacañang release said Lacierda released the fine-tuned version of Memorandum Circular No. l, which clarified further the issue of the tenure of government officers and contractual personnel whose appointments have expired yesterday (June 30) at the close of the Arroyo administration.
Lacierda said that except for differences in language, the fine tuned version is essentially the same in content and spirit as the earlier version of the Circular signed yesterday (June 30) by new Executive Secretary Paquito N. Ochoa, Jr.
“There is no conflict between the two. The essence of the earlier MC is there,” said Lacierda, as he forthwith furnished media with copies of new MC No. 1 signed and issued by Ochoa on the same day.
Lacierda called for a news briefing to sort out questions on the content and intent of one of Malacanang’s earliest issuances.
During the briefing he also stressed the rationale of the order and that the one- month reprieve given to personnel of the executive department with appointments co-terminous with the Arroyo administration was “in the exigency of service and to ensure continuity of government operations, official processes and transactions, as well as the delivery of service to the people.”
The Circular declared vacant effective June 30, 2010 all third level positions occupied by officials (directors, assistant secretaries and undersecretaries) who have co-terminous appointments from the previous administration.
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