A practical legal article on nature, creation, appointment, tenure, rights, and separation

1) The place of coterminous employment in Philippine civil service law

Philippine civil service is built on the constitutional principles of a merit-based system and security of tenure. Within that framework, government appointments are generally categorized by nature of tenure (e.g., permanent, temporary, casual, contractual, coterminous) and by service classification (career vs. non-career).

Coterminous employment is a legally recognized form of government employment where the employee’s tenure is expressly tied to the duration of a specific condition—most commonly:

the tenure of the appointing authority,
the life of a project,
the occupancy of a position by a particular official, or
the continued existence of the office/organizational unit.

It exists to allow government to staff roles that are inherently time-bound or dependent on trust/working relationship, without granting the full stability of a permanent appointment.

2) Key legal sources and governing issuances

Coterminous appointments are discussed and implemented through the following key legal instruments and rule systems commonly applied across agencies:

1987 Constitution (Civil Service provisions) – anchors merit system and security of tenure.
Administrative Code of 1987 (Executive Order No. 292) – defines and recognizes the career and non-career service, and identifies categories where non-permanent or term-linked staffing is allowed.
Civil Service Commission (CSC) rules – especially the CSC’s Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA) and related CSC issuances on appointment forms, attestation, qualification standards, and personnel actions.
Agency-specific enabling laws and organizational structures – some coterminous roles arise from an agency’s charter, office staffing pattern, or reorganizations.
Jurisprudence – Supreme Court and CSC decisions consistently treat coterminous appointments as term-limited and generally not protected by security of tenure beyond their stated coterminous condition.

3) Definition: what makes an appointment “coterminous”

An appointment is coterminous when its terms and conditions clearly show that it will automatically end upon the happening of a specified event or the expiration of a specified period tied to that event.

Core elements

The coterminous condition is explicit (e.g., “coterminous with the appointing authority,” “coterminous with project X until completion,” etc.).
The appointee accepts that condition.
The appointment is issued to a position in the staffing pattern where coterminous tenure is allowed/recognized.
Separation happens by operation of the appointment condition, not as a disciplinary action.

4) Common types of coterminous appointments (Philippine practice)

While wording varies by agency, the most encountered forms include:

A. Coterminous with the appointing authority

The appointment ends when:

the appointing authority’s term ends,
the appointing authority vacates office (resignation, removal, retirement, death), or
(in many offices) when the appointing authority chooses to end the employment earlier because the role depends on personal trust and working relationship.

Typical examples: executive assistants, private secretaries, confidential staff, close-in staff to elected officials or political heads.

B. Coterminous with a project

The appointment ends upon:

completion of a project,
termination/defunding of the project, or
expiration of the project timeline.

Typical examples: project staff under time-bound programs funded by specific appropriations, grants, or externally funded projects (where the agency uses plantilla/project-linked items rather than purely contract-of-service arrangements).

C. Coterminous with an incumbent (or a particular officeholder/official)

The appointment ends when the identified official leaves, is replaced, or their assignment ends.

This is used when the job is essentially attached to servicing a particular official’s office, not the agency at large.

D. Coterminous with the existence of the office/organizational unit

The appointment ends if the office/unit is abolished, merged, or reorganized out of existence.

This is less common in day-to-day HR practice but appears in reorganizations and sunset offices.

5) Coterminous vs. other government engagements (don’t confuse these)

Coterminous vs. Permanent

Permanent: security of tenure; separation only for lawful cause and with due process.
Coterminous: ends when the coterminous condition occurs; no tenure beyond that.

Coterminous vs. Temporary

Temporary: used when the appointee lacks a qualification requirement (often eligibility) for a position that is otherwise permanent; it can be replaced by a qualified/eligible person.
Coterminous: the position/engagement is itself term-linked; it doesn’t “ripen” into permanence just by passage of time.

Coterminous vs. Casual

Casual: usually seasonal or intermittent work not covered by full permanent structure (still government employment, but limited and nature-of-work based).
Coterminous: specifically tethered to a term/condition like a person or project.

Coterminous vs. Contract of Service / Job Order

Contract of service / job order: generally not an employer–employee relationship in the usual civil service sense; typically no plantilla item; benefits differ (often no leave/GSIS as regular government employee, depending on arrangement and law/policy).
Coterminous: typically a government appointment (often plantilla-based), with civil service HR actions and many standard employee benefits, but term-limited.

6) Appointment validity requirements (how to do it properly)

A coterminous appointment is most defensible when it satisfies the usual pillars of government appointment practice:

A. The position must exist in the staffing pattern (or be otherwise authorized)

A real, authorized position/item should exist and be fundable and classifiable.

B. The appointment paper must clearly state the coterminous nature

The appointment should explicitly state the condition, for example:

“Coterminous with the appointing authority”
“Coterminous with Project ___ until completion/termination”
“Coterminous with the tenure of ___ (Position/Official)”
“Coterminous with the existence of ___ office/unit”

Ambiguous wording invites disputes.

C. Qualification standards still matter

As a rule, government expects the appointee to meet the education, experience, training, and eligibility requirements applicable to the position—except where CSC rules allow non-eligibility appointments depending on the position’s nature and classification.

D. CSC attestation/processing requirements apply (when required)

Most appointments in the civil service go through CSC processes (submission, review, attestation), subject to rules, exemptions, and agency arrangements.

7) Tenure and “security of tenure” implications

A. No security of tenure beyond the coterminous term/condition

The defining rule: a coterminous employee cannot insist on continued employment after the coterminous condition occurs.

So, when the appointing authority’s term ends, the project ends, or the attached official leaves, the employment ends as a natural consequence of the appointment.

B. Does a coterminous employee have any constitutional protection at all?

Yes, but it is limited and context-specific:

They are protected against illegal dismissal in the sense of removal contrary to the express terms of appointment or contrary to law.
They are protected against arbitrary actions that violate basic due process where applicable (especially if removal is before the stated coterminous condition and is treated as punitive rather than merely an exercise of the appointment’s nature).
They are protected by general rules on non-discrimination, labor standards for government employees where applicable, and anti-graft/ethical standards.

But the core bargain remains: the appointment is not permanent, and the employee’s expectation of continued employment is bounded.

C. Early termination before the coterminous condition happens

This is where disputes often arise.

If the coterminous nature is tied to personal trust and pleasure of the appointing authority, earlier separation is usually treated as consistent with the role’s nature (especially where the job is personal/confidential or dependent on close working relationship).
If the coterminous nature is tied to an objective event (e.g., “until project completion”), early termination that looks disciplinary or inconsistent with the stated terms can be contested, depending on the facts, the wording of the appointment, and applicable CSC and jurisprudential standards.

Practical rule: the clearer the appointment terms, and the more the separation aligns with those terms, the stronger the government’s position.

8) Rights, benefits, and employment conditions

Coterminous employees—because they are typically appointed into government positions—often receive standard benefits associated with government employment, subject to the particular nature of their appointment and the agency’s rules. Commonly relevant:

Salary per the Salary Standardization framework and the position’s salary grade (if plantilla-based).
Leave benefits (vacation/sick leave) if covered by civil service leave rules applicable to the position.
GSIS coverage (if the appointment creates government employer–employee relationship in the civil service sense).
PhilHealth, Pag-IBIG, and withholding tax treatment consistent with government employment.
Terminal leave (if applicable) based on accumulated leave credits subject to rules.

However:

Some benefits may differ depending on whether the position is in the career or non-career service and on the exact appointment category.
Coterminous employees generally do not enjoy the same protections regarding reassignment, abolition, or replacement as permanent employees.

9) Movement, renewal, reappointment, and “regularization” myths

A. Renewal or reappointment is possible—but not a right

When a new appointing authority comes in, they may choose to reappoint or replace coterminous staff. A project may be extended and staff reappointed. But renewal is discretionary unless a law, contract structure, or specific policy compels otherwise.

B. Length of service does not automatically convert coterminous to permanent

A common misconception is that “after X years, you become permanent.” In civil service, tenure follows the appointment, not simply time served. Coterminous appointments do not ripen into permanent appointments by mere longevity.

To obtain permanence, the person must generally be appointed to a permanent position under a permanent appointment and meet the requirements for that position.

C. Transfer to another position requires a separate, valid HR action

A coterminous employee may apply for and be appointed to other government positions. But they must satisfy qualification requirements and undergo proper appointment processes.

10) End of service: how separation works

A. Separation by operation of the coterminous condition

When the condition occurs (term ends, project ends, official leaves, office is abolished), separation is ordinarily processed as:

end of appointment/tenure,
issuance of clearance and final pay processing,
release of service record / certificate of employment as applicable,
settlement of leave credits (if any).

This is generally not treated as a disciplinary case.

B. Documentation matters

Best practice includes:

written notice of end of tenure (even if not strictly required in every scenario),
reference to the appointment condition,
updated service records and HR clearances,
proper turnover protocols.

C. Separation pay?

There is no universal “separation pay” rule for coterminous appointments. Entitlements depend on the specific legal basis (e.g., some reorganizations have separation incentive laws/policies; some project arrangements have end-of-contract provisions). Many coterminous separations simply end with final pay and settlement of earned benefits.

11) Risks, red flags, and compliance issues (what agencies must avoid)

Coterminous appointments are lawful, but commonly questioned when used improperly. Typical red flags:

Using coterminous appointments to fill regular, continuing functions
- If the job is truly permanent and continuing, using coterminous to avoid security of tenure can be attacked as circumvention of the merit system.
Ambiguous appointment terms
- If it’s unclear what the coterminous condition is, disputes become more likely.
Mismatch between position nature and appointment nature
- Example: appointing someone coterminous to a position that should be career/permanent in the staffing pattern without legal basis.
Failure to observe qualification standards
- Even non-permanent appointments generally must respect minimum qualifications unless rules explicitly allow otherwise.
Treating project staff as coterminous when they are actually contract-of-service
- Mixing frameworks leads to benefits disputes and audit findings.

12) Practical guidance for employees and HR practitioners

For employees considering/holding a coterminous appointment

Treat the job as term-linked, not a stepping-stone that automatically becomes permanent.
Keep copies of:
- your appointment paper (with the coterminous clause),
- position description / designation,
- performance records,
- pay slips and benefit remittances.
If separated early, evaluate whether separation was:
- consistent with the appointment’s “at pleasure / trust-based” nature, or
- inconsistent with the appointment’s stated condition (e.g., “until project completion”) and implemented in a punitive way.

For HR and appointing authorities

Make the coterminous basis explicit and legally coherent with the position’s classification.
Ensure the position is properly authorized, funded, and classified.
Observe CSC processes on submission/attestation and keep clean documentation.
Avoid coterminous appointments for positions that are plainly continuing, permanent, and part of the agency’s regular workforce.

13) Bottom line

Coterminous employment is a lawful, essential staffing mechanism in Philippine government, designed for roles that are inherently time-bound or dependent on a specific relationship, project, official, or office existence. The trade-off is clear: coterminous employees typically enjoy many standard incidents of government employment (pay and certain benefits), but do not enjoy security of tenure beyond the coterminous condition stated in their appointment.

If you want, I can also provide:

a sample coterminous appointment clause set (by type),
a checklist for HR compliance and documentation,
and a short Q&A section addressing common disputes (early termination, project extensions, benefits, and reappointment scenarios).