Section 9
SEC. 9. Section Twenty-three of the same Act is hereby amended to read as follows: "SEC. 23. Recruitment and Selection of Employees.— Opportunity for government employment shall be open to all qualified citizens, and positive efforts shall be exerted to attract the best qualified to enter the service. "Employees shall be selected on the basis of fitness, determined by the appointing authority, to perform the duties and assume the responsibilities of the positions whether in the competitive or in the non-competitive service, as well as on the basis of merit as provided in this Act. "Whenever a vacancy occurs in any position in the competitive service in the government or in any government-owned or controlled corporation or entity, the officer or employee next in rank preferably in the same office, who is competent and qualified to hold the position and who possesses an appropriate civil service eligibility shall be appointed thereto: Provided, That should there be two or more persons under equal circumstances, seniority shall be given preference: And Provided, however, That should there be any special reason or reasons why such officer or employee should not be appointed to such vacancy, such special reason or reasons shall be stated in writing by the appointing official and the officer or employee concerned shall be informed thereof and be given an opportunity to be heard by the Commissioner of Civil Service, whose decision shall be final, unless appealed from in the manner provided by law: Provided, finally, That no further examination shall be required of the promotional appointee by the Commission if the salary of the higher position is within the range corresponding to his eligibility or if he has already been satisfactorily discharging the duties of such higher position in an acting capacity for at least five years. If the vacancy is not filled by promotion as provided herein, then same shall be filled by transfer of present employees in the government service, by reinstatement, by re-employment of persons separated through reduction in force, or by appointment of persons with the Civil Service eligibility appropriate to the position. "Qualification in an appropriate examination shall be required or appointment to positions in the competitive service in accordance with the Civil Service rules, except as otherwise provided in this Act: Provided, That all those who successfully pass the examination shall be equally qualified for such appointment: Provided, further, That whenever there is a civil service eligible actually available for appointment, no person who is not such an eligible shall be appointed even in a temporary capacity to any vacant position in the competitive service in the government or in any government-owned or controlled corporation, except when the immediate filling of the vacancy is urgently required in the public interest, or when the vacancy is not permanent, in which cases temporary appointments of non-eligibles may be made in the absence of eligibles actually and immediately available: And Provided, finally, That for the period of ten years from the approval of this amendatory Act and in line with the policy of Congress to accelerate the integration of the cultural minorities, whenever the appointment of persons belonging to said cultural minorities is called for in the interest of the service as determined by the appointing authority, with the concurrence of the Commissioner of Civil Service, the examination requirements provided in this Act, when not practicable, may be dispensed with in appointments within their respective provinces if such persons meet the educational and other qualifications required for the office or employment. For appointment to positions in the non-competitive service, qualification in an appropriate examination may be required if the appointing official so directs. "The appropriate examinations herein referred to shall be those provided in section nine of this Act, those required by the department or agency head as hereinafter provided, and such other examinations that are or may be provided by law: Provided, That a person with a civil service eligibility acquired by successfully passing an examination shall be qualified for a position requiring a lower eligibility if he possesses the other requirements for appointment to such position. "Whenever positions exist for which special qualifications may be deemed necessary by a department or agency head, the department or agency in which such position exist may give the corresponding examination with the assistance of the Civil Service Commission to qualify those who successfully pass the same for appointment. Where no such examination has been given, the eligibility under section nine, determined by the salary attached to the position, shall be sufficient. "The Police Commission shall give the appropriate examinations for officers and members of local police forces, and the Department of Education, the appropriate examinations for public school teachers with the assistance of the Civil Service Commission. "The results of any particular civil service examination shall be released simultaneously within one year after the examination. The names of the competitors who attain the required passing grades in an examination shall be entered in a register of eligibles".