NINETEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
4.8, No, 7002

Introduced by Representative Ralph G. Recto

AN ACT
UPHOLDING THE SECURITY OF TENURE IN GOVERNMENT SERVICE,
GRANTING PERMANENT APPOINTMENT TO QUALIFIED CIVIL SERVANTS
UNDER CASUAL, CONTRACTUAL, CONTRACT-OF-SERVICE, JOB ORDER AND
OTHER SIMILAR WORK ENGAGEMENTS WITH GOVERNMENT AGENCIES
AND INSTRUMENTALITIES, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Government workers in casual, contractual, contract-of-service, job order and
other similar arrangements are indispensable in government operations, especially in
providing essential and emergency services and in lending technical and professional
expertise. As of June 2022, the Philippine government has hired 127,321 casual and
contractual employees as well as 642,077 job order and contract of service workers,
comprising almost a third of the 2.46 million goverment workforce’.

While hiring casual, contractual, job order, and contract-of-service workers have
been critical in ensuring the efficient provision of services, such work engagements are
nonetheless vulnerable to abuse. Casual, contractual, contract-of-service, job order
and other similar work arrangements have been chronically exploited by government
agencies as a workaround in addressing the mismatch vis-a-vis the stagnating number
of available regular plantilla positions and the ever-growing government clientele and
corollary workload — so much so that workers, in the exigency of the service, have

+ Givil Service Commission. (2022) Inventory of Government Human Resource. Chil Service Commission Website.
https://www.cse.gov.ph/downloads/category/313-2022

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been employed by the government on such work status for years, if not decades.
Additionally, these work arrangements have been misused by government officials to
funnel money from public coffers for their own personal gain - hiring “ghost
employees” that never or do not regularly report for work but receive full
remuneration.

This bill seeks to address these two concerns. First, it seeks to uphold the
principle of equal pay for equal work, by ensuring that competent and dedicated civil
servants are afforded the remuneration, benefits and tenurial security of regular
appointment. Second, the proposed measure seeks to espouse the principles of good
governance, by making sure that government funds are used in a manner that is
transparent and accountable.

The budgetary requirements for the change to permanent status of non-p/antilia
personnel may not be substantial since their basic compensation are generally already
included in the existing budgets of their respective agencies.

Ultimately, the bill seeks to contribute in the realization of a government staffed
with competent and dedicated civil servants who pave the way towards the attainment

of government outcomes and eventually national development.

In view of the foregoing, the approval of this bill is earnestly sought.

/mdg


whwn

NINETEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
HB. No. 1002

Introduced by Representative Ralph G. Recto

AN ACT
UPHOLDING THE SECURITY OF TENURE IN GOVERNMENT SERVICE,
GRANTING PERMANENT APPOINTMENT TO QUALIFIED CIVIL SERVANTS
UNDER CASUAL, CONTRACTUAL, CONTRACT-OF-SERVICE, JOB ORDER AND
OTHER SIMILAR WORK ARRANGEMENTS WITH GOVERNMENT AGENCIES
AND INSTRUMENTALITIES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title. ~ This Act shall be known as the “Regularization of Work
Engagement in Government Service Act”.

Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to
uphold the right of every civil servant to security of tenure. In line with this declared
policy, and in recognition of the role of government employees in the delivery of
government services and the realization of national development, the State shall grant
permanent appointment status to qualified individuals under casual, contractual,
contract-of-service, job order and other similar work engagements with national
government agencies (NGAs), government -owned and -controlled corporations
(GOCCs) with original charters, state universities and colleges (SUCs) or local
government units (LGUs).

Sec. 3. Definition of Terms. ~ For the purposes of this Act:

(a) Casual Appointment shall refer to an appointment issued to a person to
perform essential and necessary services when there are not enough
regular staff to meet the demands of the service and for emergency cases
and intermittent period not exceeding one (1) year;


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(b) Contractual Appointment shall refer to an appointment issued to a person
whose employment is in accordance with a contract to undertake locally-
funded or foreign-assisted programs or projects, or to perform a specific
work or a job requiring special or technical skills that are not available in
the employing agency, to be accomplished within a specific period;

(c) Contract of Service shall refer to the engagement of the services of a public
agency or a private individual or organization as a consultant, learning
service provider or technical expert to undertake a special project or a job
within a specific period;

(a) Contractor or Service Provider shall refer to an individual, a government
agency or a private or a non-government entity that is duly-registered and
recognized by authorized government agencies to provide services in their
respective field of expertise or business;

(e) Job Order shalll refer to piece work (pakyaw) or intermittent or emergency
jobs and other manual/trades and crafts services to be performed within a
short duration of time and to be paid according to an agreed contract
amount for the piece of work or on a daily wage basis;

(f) Regular Appointment shall refer to an appointment issued based on the
authorized positions found in the Plantilla of Personnel or Lump Sum
appropriation under Personnel Services, or those occupying the positions in
the contractual staffing pattern of the NGA or LGU concerned, duly
approved by the Department of Budget and Management (DBM) and
submitted to the Civil Service Commission (CSC) for attestation; and

(g) Temporary Appointment shall refer to an appointment issued to a person
who satisfies the requirements for the position to which the person is being
appointed to, except for the appropriate civil service eligibility, which shall
be valid for a period not exceeding one (1) year.

Sec. 4. Regularization of Qualified Public Sector Workers. - Subject to
applicable laws, rules and regulations, qualified individuals who has rendered at least
five (5) years of continuous service in the case of NGAs, GOCCs with original charters
and SUCs, or at least ten (10) years of continuous service in the case of LGUs, under
a casual, contractual, contract-of-service, job order, or other similar work

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arrangement with the government agency or LGU concerned shall be appointed to
permanent p/antilla positions within their respective agencies.

Sec. 5. Staffing Modifications. - The NGA, GOCC with original charter, SUC or
LGU concerned shall submit a request for staffing modification for the approval of the
DBM or the GCG as the case may be, taking into account the number of workers
qualified for regular or temporary appointment and considering further the operational
requirements of the agency: Provided, That in the case of LGUs, staffing modification
shall be submitted to DBM during its review process of the LGU budget: Provided,
further, That the LGU funding requirement for additional permanent plantilla items
shall consider the limitations on appropriations for personnel services as provided in
Section 325(a) of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991.

Sec. 6. Automatic Conferment of Civil Service Eligibility. ~ Individuals who have
rendered at least five (5) years of continuous service in the case of NGAs, GOCCs with
original charters and SUCs, or at least ten (10) years of continuous service in the case
of LGUs, under a casual, contractual, contract-of-service, job order, or other similar
work arrangement with any government agency or LGU shall be automatically
conferred with civil service eligibility commensurate to the position held or
responsibilities undertaken, subject to applicable laws, rules and regulations, and
standards.

Sec 7. Appropriations. — The amount necessary to carry out the provisions of
this Act shall be charged against the Contingent Fund, the Miscellaneous Personnel
Benefits Fund, and other applicable current appropriations. Thereafter, the amount
needed for the effective implementation of this Act shall be included in the annual
General Appropriations Act and local appropriations ordinances.

Sec. 8. Implementing Rules and Regulations. — Within ninety (90) days from
the effectivity of this Act, the CSC and DBM shall promulgate the necessary rules and
regulations for the effective implementation of this Act.

Sec. 9. Separability Clause. ~ The provisions of this Act are hereby declared to
be separable. If any provision of this Act shall be held unconstitutional, the remainder
of the Act not otherwise affected thereby shall remain in full force and effect.


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Sec. 10. Repealing Clause. ~ All laws, executive orders, rules and regulations,
or parts thereof, inconsistent herewith are hereby repealed, amended or modified
accordingly.

Sec. 11. Effectivity Clause, - This Act shall take effect within fifteen (15) days
from its publication in at least two (2) national newspaper of general circulation or in
the Official Gazette.

Approved,