Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

eters 2238

HOUSE BILL Nt

INTRODUCED BY HON. AMADO S. BAGATSING

EXPLANATORY NOTE

‘This bill seeks to grant civil service eligibility to government workers and
employees as guaranteed under Sec. 9, Article Il, of the Constitution which states that
“the State shall promote a just and dynamic order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of
living, and an improved quality of life for all.” In the same Article, See. 18, “The
State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.” It guarantees equal access to opportunities for
public service, afford protection to labor, promote full employment and equality in
employment and ensure equal work opportunities.

It has been observed that the hiring of government workers and employees to
fill in much needed personnel for special projects and programs, and/or other
exigencies had always been under fortuitous conditions. This appears to be a normal
practice in our bureaucracy. Time and again, accommodated applicants end up either
as casual/contractual or co-terminus employees under provisional or temporary
appointment status. Most of them manage to retain their position and continue to
remain as part of the civil service. By reasons of their educational qualification,
experience, capability and effectiveness to handle sensitive and dynamic positions
some of them even occupy regular government key positions that require career
professional civil service eligibility. The same is true with personnel under the
employ of elective officials and holding co-terminus appointments who are also
deprived of the opportunity to occupy permanent positions in government offices
despite the fact that they continuously serve for a considerable number of years with
loyalty and dedication.

It should be recalled that in 1990, Republic Act No. 6850, An Act granting
Civil Service Eligibility to Government Employees with Provisional or Temporary
Appointment who have Continuously Rendered Seven (7) Years of Government
Service, was passed by Congress. However, it is sad to note that the author of the
Act, despite her noble intent, failed to include casuals/contractual, co-terminus and
other legitimate regular plantilla position such as office utility aide, office utility
assistant and/or their equivalents which would have expanded the benefits to other
employees much deserving of similar recognition and which would have been an


opportunity for them to improve their welfare. Likewise, Republic Act No. 7883 was
also enacted into law, An Act Granting Civil Service Eligibility to Barangay Health
Workers who Have Rendered Five Years of Continuous Service. It is therefore just
fair and highly commendable that this bill's objective is to grant civil service
eligibility to these underprivileged government workers and employees who have
continuously rendered ten (10) years of service to the bureaucracy as they deserve
equal treatment and care.

There is no reason therefore why Congress should not enact this measure if
only to give flesh to the Constitutional mandate that will address the need to provide
this opportunity for advancement needed by the marginalized workers and employees
of our government.

‘The passage of this bill therefore is earnestly requested.

AMADO S. BAGATSING


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

oer
HOUSE BILL NO.

AN ACT
GRANTING SECURITY OF TENURE UNDER CERTAIN CONDITIONS TO
GOVERNMENT EMPLOYEES WHOSE NATURE OF APPOINTMENT IS
EITHER TEMPORARY OR CONTRACTUAL AND WHO HAVE
RENDERED A TOTAL OF TEN YEARS OF EFFICIENT SERVICE

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

SECTION 1. - Declaration of Policy. — The State shall harness its human
resources to cope with the rapid economic development and population growth.
Government workers, being an important component of the State’s human resources,
shall be given the equal opportunity to quality education, justice, and the security of
tenure of employment.

SEC. 2. Coverage. — Subject to the provisions of the Constitution and
applicable civil service laws, rules and regulations, all incumbent government
employees, as of the approval of this Act, who are holding contractual and/or
temporary positions in the first and second levels and who have rendered continuous
service for the last ten (10) years shall be given regular positions with permanent
appointments by their respective offices: Provided, however, That, they shall not be
entitled to any promotion until such time that they shall have obtained the appropriate
eligibility requirement for that posi

SEC. 3. Civil Service Performance Evaluation Standards. ~ The C

il
Service Commission shall formulate performance evaluation standards to determine

qualified employees under this Act.


SEC. 4. Implementing Rules and Regulations. — The Civil Service
Commission shall promulgate rules and regulations within ninety (90) days after the
approval of this Act.

SEC. 5. Separability Clause. - If any part, section or provision of this Act is
declared invalid or unconstitutional, other provisions not affected therein shall remain
in force and effect.

SEC. 6. Repealing Clause - All laws, decrees, and executive orders
inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 7. Effectivity Clause - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation,

Approved.