1
NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No._________ 
EXPLANATORY NOTE 
This bill seeks to codify all laws and relevant issuances governing the civil service into a single, 
comprehensive statute. The goal is to finally have an ultimate legal authority on the Philippine Civil 
Service System. 
The Civil Service traces its history to the ancient Middle Eastern River civilizations and to China 
which established an effective and centralized civil service.  The Chinese civil service system gave the 
Chinese Empire stability for over 2,000 years.  It has served as a model for the civil service systems in 
many countries, the Philippines included. 
Over the years, the Philippine Civil Service evolved through the passage of laws by Congress, 
Executive issuances and rules and regulations issued by the Civil Service Commission.  The last major 
piece of legislation dealing with the Civil Service was Executive Order 292, the Administrative Code of 
1987. 
Sadly, the pieces of legislation governing the Philippine Civil Service remain scattered in 
different laws, decrees, and letters of instructions and executive orders.  The absence of a 
comprehensive civil service law has sometimes caused confusion among civil servants, to say the least. 
Many laws overlap and some have become obsolete. 
There is an urgent need to update and gather all civil service and related laws to address the 
ever changing needs of the times. 
Hence, this proposed Civil Service Code seek to address deeply rooted problems besetting the 
public service such as graft and corruption, red-tape, violations of government employee rights and the 
merit system, among other things. 
The immediate passage of this bill is earnestly requested. 
       RUFUS B. RODRIGUEZ 
December 13, 2022
1:32PM
6640


2
NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No._________ 
AN ACT 
ESTABLISHING A CIVIL SERVICE CODE OF THE PHILIPPINES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in 
Congress assembled: 
BOOK I.   GENERAL PRINCIPLES 
Title I – Policies on Civil Service System 
Chapter 1 
Declaration of Policy 
SECTION 1. Short Title.  -  This Act shall be known as the “Civil Service Code of the Philippines”. 
SEC. 2. Declaration of Policy.  –  
(a) The state recognizes the primary and enduring role of the civil service system in
implementing the laws, managing public affairs, and ensuring the delivery of public
services.
(b) The state shall provide the enabling environment that will promote its integrity,
independence, productivity and excellence.
(c) It is the policy of the State to promote the Constitutional mandate that:
(1) Appointments in the civil service system shall be made only on the principle of merit
and fitness;
(2) Public office being a public trust, public officers and employees must be
accountable to the people and live the principles of utmost responsibility, integrity,
loyalty, efficiency, patriotism, justice and modesty in serving the people;
(3) Employment opportunities in the civil service system shall be equally available to
all qualified citizens;
(4) No public officer and employee shall be disciplined, suspended or dismissed
except for cause and after observing due process of law, or for non-disciplinary
causes;
(5) The Civil Service Commission, being the central personnel agency of the
government, shall administer the civil service system and provide policies and
guidelines on the recruitment and selection, utilization, training and discipline of
public officers and employees;
(6) The right to self-organization, collective negotiation and peaceful concerted
activities, including the right to strike in accordance with the provisions of this code,
shall be guaranteed and respected;
(7) Equal pay for work of equal value shall be guaranteed; and
(8) Actions on personnel matters shall be decentralized, with the different departments
and other offices or agencies of the government delegating to their regional offices
or other similar units, powers and functions.
Chapter 2    
Definitions of Terms 
SEC. 3. Terms Defined.  -  With reference to the civil service system and as used in this Code, the 
following terms shall be construed to mean as follows: 
6640


 
3
 (a) 
Agency refers to any department, bureau, office, commission, administration, board, 
committee, institute, government-owned or –controlled corporation with original 
charter, state university and college, and local government unit. 
 (b) 
Appointing authority refers to the person or body authorized by law to make 
appointments in the civil service system. 
(c) 
Appointment refers to the document issued by the appointing authority allowing the 
appointee to occupy the position stated therein and to perform its functions and receive 
the corresponding compensation.  It could also refer to the selection by the appointing 
authority of an individual who is to exercise the functions of the position. 
(d) 
Career Executive Service (CES) refers to the strong, stable, competent, well-trained 
and highly motivated corps of career public managers that will provide effective support 
to national development. 
(e) 
CESB refers to the Career Executive Service Board. 
(f) 
Career Executive Service Officer (CESO) refers to a person who has been conferred 
a CES rank. 
(g) 
Chairperson refers to the Chairman of the Civil Service Commission. 
(h) 
Civil service refers to persons employed to carry out public services, in all branches, 
agencies, subdivisions and instrumentalities of government, including government-
owned and -controlled corporations with original charters or created under special laws, 
local government units, and state universities and colleges. 
(i) 
Civil service eligible refers to a person who passed a civil service examination or is 
granted civil service eligibility by law or by the Civil Service Commission.  
(j) 
Civil service system refers to the policies, regulations, procedures, practices and ethics 
that govern the manner in which laws are executed and implemented, public affairs are 
managed and public services are delivered in all branches, agencies, subdivisions and 
instrumentalities of government, government-owned and -controlled corporations with 
original charters or created under special laws, local government units, state 
universities and colleges. 
(k) 
Class refers to all positions in the civil service system that are sufficiently similar as to 
duties and responsibilities and require similar qualifications that can be given the same 
title and salary and for all administrative and compensation purposes, be treated alike. 
(l) 
Commission refers to the Civil Service Commission. 
(m) 
Commissioner refers to either of the two (2) other members of the Commission. 
(n) 
Consultant refers to the person engaged under a consultancy contract by reason of 
expertise not readily available from career personnel, to perform highly specialized 
functions for a short duration, with a definite output, having no employer-employee 
relation with the contracting agency. 
(o) 
Department refers to any of the departments in the Executive branch, Congress, the 
Judiciary and any of the constitutional commissions. 
(p) 
Disciplining authority refers to the person or body authorized to suspend, dismiss or 
discipline public officers and employees in the civil service system. 
(q) 
Eligibility refers to the qualification acquired by an individual after passing a civil service 
examination or granted by law or by the commission, for entrance into and promotion 
in the career service. 
(r) 
Employee refers to any person employed in the civil service system of whatever 
category or class up to division chief level.  
(s) 
Employee organization refers to any employee organization, union, association, 
federation, confederation, society or alliance duly registered in accordance with the 
provisions of this Code. 
(t) 
Examination refers to the test conducted by the Commission or any agency authorized 
by law for the purpose of determining merit and fitness for appointment in the civil 
service system. 
(u) 
Grievance refers to an employee's complaint regarding working conditions, working 
relationships or employment status. 
(v) 
Grievance procedure refers to the mechanisms of resolving employee grievances and 
complaints. 
(w) 
Highly technical position refers to a position which requires the occupant to possess 
skill or training in a supreme or superior degree, like that of a scientist. 


 
4
(x) 
Job order refers to a contract of service of individuals or groups paid under a lump sum 
appropriation for a short duration having no employer-employee relation with the 
government. 
(y) 
Merit system refers to an organized mechanism by which the selection, utilization, 
compensation, training, retention and discipline of employees in the service are 
governed by comparative merit and achievement. 
(z) 
Personnel action refers to any movement of personnel in the civil service system. 
(aa) 
Policy-determining position refers to a position which vests in the occupant the power 
to formulate policies for the government or any of its agencies, subdivisions, or 
instrumentalities, like that of a member of the cabinet. 
(bb) 
Position refers to a job title with a defined set of duties and responsibilities to be 
performed by an individual either on full-time or part-time basis. 
(cc) 
Primarily confidential position refers to a position where the occupant enjoys more than 
the ordinary confidence of the appointing power but bears such close intimacy which 
relieves the latter from misgivings of betrayal of personal trust on confidential matters, 
like that of a private secretary. 
(dd) 
Public officers as distinguished from employees, refer to those whose functions are 
managerial or executive in nature and above the division chief level invested by law 
with a portion of the sovereignty of the state. 
(ee) 
Qualification standards refer to the minimum requirements for a class of position 
expressed in terms of education, training, experience, civil service eligibility, physical 
fitness and other qualities required by the job. 
(ff) 
Rank-and-file refers to employees occupying positions in the first and second levels. 
(gg) 
Reorganization refers to the process of restructuring an agency’s organizational and 
functional set-up with the view of making it more economical, effective, efficient and 
responsive to the needs of the public. 
 
(hh) 
Solo parent refers to any individual who falls under any of the categories   as 
enumerated in R.A. 8972, otherwise known as the Solo Parents   Welfare Act of 2000. 
(ii) 
Strike, for purposes of this code, refers to a concerted action of an accredited employee 
organization which will result in temporary work stoppage without total disruption of 
public service. 
 
Chapter 3 
Rights and Obligations of Public Officers and 
Employees in the Civil Service System 
 
SEC. 4. Rights.  -  Public officers and employees in the civil service system shall have the right to: 
(a) 
Security of tenure; 
(b) 
Exercise the authority attendant to their positions; 
(c) 
Enjoy leave, welfare, retirement and other benefits and services; 
(d) 
Self-organization or to form and join unions, associations, federations, confederations 
or societies for purposes not contrary to law;  
(e) 
For rank-and-file employees of accredited organizations to collectively negotiate for 
terms and conditions of employment in accordance with existing laws and the right to 
engage in a strike in accordance with the provisions of this code; and 
(f) 
Enjoy such other rights provided by law. 
 
SEC. 5. Obligations.  - Public officers and employees in the civil service system shall: 
 (a) 
Uphold and defend the Constitution and laws of the Republic of the Philippines; 
(b) 
Take and subscribe to an oath before assumption of office; 
 (c) 
Be accountable at all times to the people, and serve them with utmost responsibility, 
integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives; 
 (d) 
Discharge their duties faithfully and maintain the required level of productivity of their 
positions for the benefit of the public; 
(e) 
Submit upon assumption to duty and as often as may be prescribed by law, a sworn 
statement of assets, liabilities and net worth and disclosure of business interests and 
financial transactions; 
(f) 
Identify and disclose, to the best of their knowledge, their relatives in government, in 
the manner and frequency as may be prescribed by law, rules and regulations; and 


 
5
(g) 
Undertake programs of self-development to improve their performance and levels of 
service. 
 
Title II - Scope of the Civil Service System 
 
Chapter 1 
Positions in the Civil Service System 
 
SEC. 6. Coverage.  -  The civil service system embraces all branches, agencies, subdivisions and 
instrumentalities of government, state universities and colleges, government-owned and -controlled 
corporations with original charters or created under special laws, and local government units. 
 
SEC. 7. Administration of the Civil Service System.  -  As the central personnel agency of the 
government, the Commission, shall establish a career service, administer the civil service system, adopt 
measures to promote morale, efficiency, competency, integrity, honesty, responsiveness, 
progressiveness, courtesy and gender sensitivity, strengthen the merit and rewards system, integrate 
all human resource development programs for all levels and ranks therein and institutionalize a 
management climate that promotes good working conditions and public accountability. 
 
SEC. 8. Categories of Positions.  -  Positions in the civil service system shall be categorized as career 
and non-career. 
 
SEC. 9. The Career Service.  -  The career service shall be characterized by (a) entrance based on 
merit and fitness to be determined, as far as practicable, by competitive examinations or on highly 
technical qualifications; (b) opportunity for advancement to higher career positions; and (c) security of 
tenure which is also based on performance, mechanics of which shall be formulated by the Commission. 
 
SEC. 10. Positions Included in the Career Service.  -  Positions in the career service include the 
following: 
 (a) 
Open career positions - appointment to which requires qualification in an appropriate 
examination or other modes in accordance with law;  
(b) 
Closed career positions – positions that are scientific or highly technical in nature, 
which  maintain their own merit systems, such as the following: 
(1) 
Faculty and academic staff of state universities and colleges or scientific and 
technical positions in scientific or research institutions; 
(2) 
Career Executive Service; 
(3) 
Career officers, other than those in the career executive service, who are 
appointed by the President, such as the foreign service officers in the 
Department of Foreign Affairs, the judges and justices in the Judiciary and the 
prosecutors in the prosecution services;  
(4) 
Uniformed and commissioned personnel of the Philippine National Police; 
(c) 
Permanent laborer, whether skilled, semi-skilled, or unskilled. 
 
SEC. 11. Classes of Positions in the Career Service.  -  Positions in the career service shall be 
grouped as follows: 
 (a) 
First Level - includes clerical, trades, crafts and custodial positions whether in a non-
supervisory or supervisory capacity; 
 (b) 
Second Level - includes professional, highly technical, scientific or other highly 
specialized positions in a supervisory or non-supervisory capacity requiring at least a 
baccalaureate degree or its equivalent as determined by the Commission; and  
 (c) 
Third Level – includes the highest-level positions in the career service as determined 
in the Position Classification and Compensation System. 
 
Except as otherwise provided in this Code, entrance to the first two levels shall be through 
competitive or special examinations to be given by the Commission. Entrance to the third level shall be 
based on qualification requirements prescribed by the Commission through the CESB.  Entrance to a 
higher level does not require previous qualification in the lower level.   
 
SEC. 12. The Non-Career Service.  -  The non-career service shall be characterized by merit and 
fitness to be determined by (a) modes other than those of the usual tests utilized for the career service;   
(b) tenure which is limited to a period specified by law; (c) tenure which is coterminous with that of the 


 
6
appointing authority or subject to his/her pleasure or which is limited to the duration of a specific project 
for which purpose of employment was made; and (d) the primarily confidential nature of the position. 
 
SEC. 13. Positions Included in the Non-Career Service.  -  The non-career service shall include the 
following: 
(a) 
Elective officers and their personal and primarily confidential staff; 
(b) 
Department heads and other officers of Cabinet rank who occupy their positions at the 
pleasure of the President and their personal and primarily confidential staff; 
(c) 
Chairpersons and members of constitutional commissions and other commissions, 
boards and other bodies with fixed terms of office and their personal and primarily 
confidential staff; 
(d) 
Non-career undersecretaries and non-career assistant secretaries and their personal 
and primarily confidential staff; 
(e) 
Contractual personnel or those whose employment is in accordance with a special 
contract for a maximum period of one year to undertake a specific work or job which 
requires special knowledge and/or technical skills not available in the employing 
agency; 
(f) 
Those whose positions may be declared as personal and primarily confidential by the 
Commission; and 
(g) 
Emergency, casual and seasonal personnel. 
 
Title III - The Civil Service Commission 
 
Chapter 1  
Composition, Duties and Functions 
 
SEC. 14. Composition.  -  The Commission shall be composed of a Chairperson and two (2) 
Commissioners. 
 
SEC. 15. Qualifications of the Chairperson and Commissioners.  -  The Chairperson and 
Commissioners shall be natural-born citizens of the Philippines, and at the time of their appointment 
are at least thirty-five (35) years of age with proven capacity for public administration and must not have 
been candidates for any elective position in the elections immediately preceding their appointment.   
 
As far as practicable, one of them must be a lawyer and the composition of the Commission 
must be gender balanced. 
 
SEC. 16. Terms of Office.  -  The Chairperson and Commissioners shall be appointed by the President 
subject to confirmation by the Commission on Appointments for a term of seven (7) years without 
reappointment.  In no case shall any member be appointed or designated in a temporary or acting 
capacity.  Appointment to any vacancy shall be only for the unexpired term of the predecessor. 
 
SEC. 17. Compensation.  -  The salaries of the Chairperson and the Commissioners shall be fixed by 
law and shall not be decreased during their tenure. 
 
SEC. 18. Prohibition.  -  No Member of the Commission shall, during their tenure, hold any other office 
or employment except when expressly provided by law.  Neither shall he/she engage in the practice of 
any profession or in the active management or control of any business which in any way be affected by 
the functions of his/her office, nor shall he/she be financially interested, directly or indirectly, in any 
contract with, or in any franchise or privilege granted by the government, any of its subdivisions, 
agencies, or instrumentalities, including government-owned or controlled corporations. 
 
SEC. 19. Powers and Functions of the Commission.  -  The Commission shall have the following 
powers and functions: 
(a) 
Administer and enforce the constitutional and statutory provisions and such other 
mandatory provisions of law on the merit system for all levels and ranks in the civil 
service system; 
(b) 
Prescribe, enforce and amend rules and regulations for carrying into effect the 
provisions of this Code and other pertinent laws which shall become effective thirty (30) 
days from the date of publication in the Official Gazette or in a national newspaper of 
general circulation; 


 
7
(c) 
Promulgate its own rules concerning pleadings and practice before it or any of its 
offices, which shall not diminish, increase or modify substantive rights; 
(d) 
Promulgate policies, standards and guidelines for the civil service system and adopt 
plans and programs to promote ethical, efficient and effective personnel administration 
in the government including innovative systems and mechanisms to ensure feedback 
from the public; 
(e) 
Formulate policies and regulations for the administration, maintenance and 
implementation of Position Classification and Compensation system; 
(f) 
Render decisions, orders, opinions or rulings on civil service matters which shall be 
binding on heads of departments and agencies and immediately executory and 
notwithstanding any law to the contrary, may be brought only to the Supreme Court on 
certiorari; 
(g) 
Discipline CES members for cause after due process; 
(h) 
Control, supervise and coordinate civil service examinations.  Any entity or public 
officer in government may be called upon by the Commission to assist in the 
preparation and conduct of the said examinations.  Such assistance includes, but is not 
limited to, the provision of personnel and security, the use of buildings and facilities, as 
well as the transportation of examination materials;  
(i) 
Grant civil service eligibility to qualified applicants based on civil service examination 
results, performance, training, education, qualifications and other similar standards, 
subject to the guidelines it may prescribe; 
(j) 
Prescribe all forms for civil service examinations, appointments, reports and such other 
forms as may be required by law and the rules and regulations of the Commission; 
(k) 
Declare, when appropriate, positions in the civil service system as primarily 
confidential, highly technical or policy-determining; 
(l) 
Formulate, administer and evaluate programs relative to the recruitment and selection, 
development and retention of a qualified and competent work force in the public 
service, including administration, development and evaluation of training, scholarship 
and retirement programs; 
(m) 
Resolve administrative cases and other civil service matters brought before it directly 
or on appeal, including disciplinary matters, contested appointments or personnel 
actions.  The decisions, orders or ruling of the Commission may be brought by the 
aggrieved party to the Supreme Court only on certiorari;   
(n) 
Issue subpoena ad testificandum (process directing the attendance of witness) and/or 
subpoena duces tecum (process directing the production of documentary evidence); 
(o) 
Deputize public officers and employees of the Commission and of other departments 
and agencies to investigate and hear cases and to submit their findings and 
recommendations to the Commission; 
(p) 
In the exercise of its quasi-judicial functions, punish for contempt, direct and indirect, 
public officers, employees and other persons for refusal or failure to comply with the 
decisions, orders, rulings or processes and proceedings of the Commission; 
(q) 
Delegate any power or function of the Commission to its regional or field offices; 
(r) 
Review decisions and actions of its offices; 
(s) 
Enforce and execute its decisions, orders and rulings, and for this purpose, deputize 
any national or local law-enforcement agency or instrumentality of the government 
which shall act under the direct and immediate supervision of the Commission; 
(t) 
Act on all appointments and other personnel matters in the civil service system; 
(u) 
Inspect and audit the personnel actions and programs of the departments, agencies, 
bureaus, offices and instrumentalities of government, state universities and colleges, 
government-owned and –controlled corporations with original charters or created under 
special laws, local government units; 
(v) 
Prescribe rules and policies on employee organizations and regulate employee-
management relations including the settlement of disputes; 
(w) 
Prescribe and enforce rules and regulations to promote and ensure safe, healthy and 
proper working conditions for employees; 
(x) 
Formulate and administer programs that will foster an honest, graft-free public service; 
(y) 
Reorganize or effect changes in its organization, within the limits of its appropriations, 
including the creation, merger or consolidation, splitting or division and abolition of 
offices and positions; and 


 
8
(z) 
Exercise all powers and perform the functions properly belonging to a central personnel 
agency. 
 
SEC. 20. Duties and Responsibilities of the Chairperson and the Commissioners.   - 
(a) 
The Chairperson and the two Commissioners shall be responsible for the effective 
exercise of the rule-making, policy-formulation and adjudicative functions of the 
Commission.  They shall promote the development of a creative, productive and 
competitive workforce. 
(b) 
The Chairperson shall be the chief executive officer and shall perform the following 
functions: 
(1) 
Execute and administer the internal policies, decisions, orders, and resolutions 
approved by the Commission; 
(2) 
Direct and supervise the operations and internal administration of the 
Commission; 
(3) 
Sign appointments of subordinate public officers and employees made by the 
commission and enforce decisions on administrative discipline involving them; 
(4) 
Submit the annual budget of the Commission to Congress for its approval; 
(5) 
Transmit to the President, rules and regulations adopted by the Commission 
which require presidential attention including annual and other periodic reports; 
(6) 
Delegate authority, in whole or in part, to other public officers and employees 
of the Commission, in accordance with the rules and regulations of the 
Commission; and 
(7) 
Perform such other functions as may be provided by law. 
 
Chapter 2 
Organization and Structure 
 
SEC. 21. Offices in the Commission.  -  The Commission shall have the following offices: 
(a) Office of the Assistant Commissioners; 
(b) Commission Secretariat; 
(c) Office for Legal Affairs; 
(d) Examination, Recruitment, and Placement Office; 
(e) Personnel Policies and Standards Office; 
(f) Human Resource Development Office; 
(g) The Civil Service Institute; 
(h) Personnel Relations Office; 
(i) Public Assistance and Information Office; 
(j) Personnel Records Management Office; 
(k) Office for Planning; 
(l) Office for Financial and Assets Management ; 
(m) Office for Personnel Management; 
(n) Regional Offices/Field Offices; and 
(o) Internal Audit Service. 
 
SEC. 22. The Office of the Assistant Commissioners.  -   The Office of the Assistant Commissioners 
(OACs) shall provide technical support to the Commission in the areas of research, policy review and 
program development.  This office shall also handle special projects and maintain external linkages as 
may be deemed necessary by the Commission.  
 
SEC. 23. The Commission Secretariat.  -  The Commission Secretariat (COMSEC) shall take charge 
of programming and coordinating regular and special meetings of the Commission.  Its function includes 
efficient information management and maintenance of all records, decisions, policies, pronouncements 
and issuances of the Commission. 
 
COMSEC shall also be the main liaison between Central Office and the Regional Offices.  This 
function includes coordination of all transactions of the Central offices with the Regional offices. 
 
SEC. 24. The Office for Legal Affairs.  -  This office shall provide the Commission with legal advice 
and assistance in the exercise of its rule-making, policy-formulation, prosecution, quasi-judicial and 
other functions. 
 


 
9
SEC. 25. The Examination, Placement and Recruitment Office.  -  The Examination, Placement and 
Recruitment Office (ERPO) shall take charge of developing, enhancing, controlling, supervising and 
coordinating pertinent schemes in the granting of civil service eligibility such as but not limited to 
administration of Civil Service examinations.  It shall also take charge of formulating programs, policies, 
standards and guidelines in the certification and placement of civil service eligibles. 
 
SEC. 26. The Personnel Policies and Standards Office.  -  The Personnel Policies and Standards 
Office (PPSO) shall take charge of the formulation and periodic review of qualification-, performance- 
and promotion-standards within the context of the merit and rewards policies of the various closed and 
open career systems. 
 
It shall also develop policies, programs and regulations relative to performance management, 
as well as the inspection and audit of personnel mechanisms in the government agencies. 
 
It shall administer, maintain and implement the position classification & compensation system. 
 
SEC. 27. The Human Resource Development Office.  -  The Human Resource Development Office 
(HRDO) shall formulate, administer and evaluate HRD programs and policies relative to the 
development and retention of a qualified and competent work force in the public service. It shall also be 
responsible for the innovation and modeling of best-practiced development interventions to enhance 
capacities and reinforce service values of public servants. 
 
SEC. 28. The Civil Service Institute.  -  This office shall be responsible for the design and administration 
of the Commission's human resource development and training programs. 
 
SEC. 29. The Personnel Relations Office.  - The Personnel Relations Office (PRO) shall take charge 
of all inter- and intra-public sector union concerns such as employee relation standards, conciliation, 
registration and accreditation of unions including advocacy work.  It shall also serve as the secretariat 
for the Public Sector Labor Management Council (PSLMC), and conduct research and training on public 
sector unionism, as well as design and develop public sector labor education programs. 
 
SEC. 30. The Public Assistance and Information Office.  -  The Public Assistance Information Office 
(PAIO) shall take charge of managing an effective information exchange system between the 
Commission and its internal and external publics.  Its function includes maintaining strong linkages with 
media institutions/practitioners as well as undertaking special projects, such as the CSC anniversary 
celebration and the Honor Awards Program, necessary in carrying-out its dual role of information 
dissemination as well as feedback generation on operations, programs and thrusts of the Commission. 
 
SEC. 31. The Personnel Records Management Office.  -  The Personnel Records Management Office 
(PRMO) shall formulate and implement policies, standards and regulations pertaining to the storage, 
maintenance, security control, and disposal of government personnel records and other related civil 
service documents.  Management of such records includes maintenance of the resource center for 
computer-based information, the library, the archives, and the museum of the Commission. 
 
PRMO shall also be responsible for the management of incoming and outgoing 
communications of the Commission. 
 
SEC. 32. The Office for Planning.  -  The Office for Planning (OP) shall be responsible for the 
formulation, implementation and monitoring of the long-term Strategic Plans of the Commission.  It shall 
provide technical support and assistance to the Commission on organizational planning, benchmarking 
and research and in the development of work programs and projects of the different Commission offices 
consistent with its mandate.  
 
The Office for Planning shall also oversee the formulation and management of the Information 
Technology Plan that shall serve as the blueprint for the development, implementation, and 
maintenance of communication and information systems vital to the internal operations of the CSC as 
well as to the decision-making functions of the Commission. 
 
SEC. 33. The Office for Financial and Assets Management.  -  The Office for Financial Assets and 
Management (OFAM) shall take charge of ensuring sound fiscal and asset management consonant 
with the annual, supplemental and special budgets of the Commission as contained in the General 
Appropriations Act. 
 
 
 
 


 
10
SEC. 34. The Office for Personnel Management.  -  The Office for Personnel Management (OPM) 
shall take charge of formulating the development plan of the Commission, which includes sound policies 
on personnel management in the areas of recruitment and selection, employee welfare and discipline 
in the Commission. 
 
SEC. 35. The Regional Offices/Field Offices.  -  The Regional Offices shall enforce Civil Service rules, 
policies and standards on personnel management within their respective regional jurisdictions.  They 
shall provide technical advice and assistance to government offices and agencies regarding personnel 
administration such as but not limited to examination and placement, career development, 
appointments, filing/resolution of legal cases, audit, and other functions delegated by the Commission. 
 
SEC. 36. The Internal Audit Service.  -   The Internal Audit Service (IAS) shall oversee the periodic 
evaluation of existing methods and procedures, including financial systems, in the Commission and on 
the basis of such, formulate plans and programs relative to fiscal discipline, and management 
improvement and productivity of the Commission. 
 
 
Chapter 3  
The Career Executive Service 
  
SEC. 37. The Career Executive Service.   -   A strong, stable, competent, well trained and highly 
motivated corps of career public managers that will provide effective support to national development 
shall constitute the Career Executive Service (CES).  Entry and advancement in the CES shall be based 
on merit and fitness which shall include integrity, demonstrated managerial and executive competence, 
leadership and interpersonal qualities, technical expertise and other pertinent qualifications.   
 
The CES shall be governed by a separate merit system characterized by rank rather than 
position; compensation based on rank and advancement to a higher rank on the basis of executive and 
technical expertise. 
 
SEC. 38. Membership.  - A person who meets such managerial experience, executive competence, 
and other requirements prescribed by the Commission through the CESB shall be conferred appropriate 
rank and shall be included in the register of Career Executive Service Officers (CESOs).   
 
SEC. 39. Career Executive Service Board. – The Career Executive Service Board (CESB) shall be an 
attached agency of the Commission.  It shall be responsible for the development, maintenance and 
administration of the Career Executive Service. 
  
SEC. 40. Composition of the Career Executive Service Board. – The CESB shall be composed of 
the following:  the Chairperson of the Commission as Chairperson; the President of the Development 
Academy of the Philippines, ex-officio member; the Dean of the University of the Philippines-National 
College of Public Administration and Governance, ex-officio member; the president or duly designated 
representative of a nationwide association of career executive service officers; the president or duly 
designated representative of a nationwide association of personnel managers; and, two (2) other 
members who shall  be appointed by the President of the Republic, and one of whom must be a retired 
CESO, both with terms of three (3) years.  
 
Members of the CESB shall be provided with per diems and allowances as determined by the 
Commission. 
 
SEC. 41. The Career Executive Service Secretariat.  -  The Career Executive Service Board (CESB) 
shall be assisted by the Career Executive Service Secretariat.  It shall be headed by an Executive 
Director and assisted by a Deputy Executive Director both of whom shall be appointed by the CESB, 
and shall be responsible for the implementation of the policies, rules, regulations, decisions, directives 
of the CESB. 
 
SEC. 42. Rank Classification of Members of the Career Executive Service.  -  Members of the CES 
shall be classified according to rank based on their personal proven competence, qualifications, broad 
levels of responsibility and other relevant considerations as determined by law and rules of the Board. 
  
SEC. 43. Conferment of Appropriate Rank in the CES.  -  Conferment to appropriate rank in the CES 
shall be made by the President upon recommendation of the CESB.  The issuance of appointments to 
appropriate ranks shall be made by the department or agency heads.   


 
11
 
SEC. 44. Personnel Mechanisms. -  The CESB shall develop policies, design standards and personnel 
mechanisms for the Career Executive Service. 
  
SEC. 45. Compensation.  - Members of the CES shall be compensated according to rank in accordance 
with the CES compensation plan and shall be provided with attractive salaries, fringe benefits and 
reasonable allowances to be paid by the employing agency.  A CESO assigned to a CES position shall 
enjoy an added premium based on his/her rank and shall be granted a higher premium as his/her rank 
increases.  However, in case a CESO occupies a CES position not appropriate to his/her rank, said 
officer shall receive the higher compensation.  In no case shall a CESO receive compensation lower 
than that corresponding to the rank. 
 
SEC. 46. Mobility.  - CESOs may be assigned to any CES position.  
 
SEC. 47. CES Resource List.  -  The CESB shall establish a CES resource list drawn from CESOs who 
may be cross-posted in various agencies to undertake special works or unique assignments within a 
specified timeframe, without diminution of compensation. 
 
The CESB shall institutionalize systems for the promotion of core values in the CES, career 
development of its members, including cross-posting and mobility. 
 
CESOs who may be involuntarily separated from their assignments shall, as far as practicable, 
be given new assignments commensurate to their qualifications. 
 
SEC. 48. Administration of a Compensation Plan.  -  The CESB shall prepare, administer and 
periodically review a compensation plan for the CES, to maintain the high standard of public service 
and the quality of officers in the CES.  
 
Salaries, allowances and other benefits of CES officers shall be provided by the employing 
agency at rates in accordance with the CES Compensation Plan. 
 
SEC. 49. Security of Tenure.  -  CESOs shall enjoy performance-based security of tenure and shall not 
be removed from service except for cause and after due process. 
 
SEC. 50. Discipline.  -  Investigation and adjudication of administrative complaints against members of 
the CES shall be governed by the provisions of this Code. 
 
SEC. 51. Career Undersecretary and Assistant Secretary.  -   At least 50% of the total number of 
positions of Undersecretary and Assistant Secretary shall be career with each level accordingly 
represented. 
 
The President shall appoint CESOs to both career and non-career Undersecretary and 
Assistant Secretary positions. 
 
Assignments to CES positions lower than assistant secretaries shall be made by the head of 
agency or the appointing authority concerned and such shall be subject to the approval by the 
commission. 
 
BOOK II.    PERSONNEL POLICIES AND STANDARDS 
 
Title I – On Employment 
Chapter 1   
Recruitment 
 
SEC. 52. Policy.  -  Recruitment in the civil service system shall be made on the basis of merit and 
fitness to perform the duties and assume the responsibilities of the position, to be determined as far as 
practicable by competitive examination administered by the Commission.  Every Filipino citizen shall 
have equal access to or opportunities for public service regardless of, among others, religious belief, 
color, sex, sexual-orientation, regional origin or ethnic affiliation.  Measures shall be adopted to include 
qualified members of indigenous cultural communities, and other minority groups and differently-abled 
persons for recruitment and selection.  
 
SEC. 53. Kinds and Frequency of Civil Service Examinations. -  Examinations may be written, oral, 
physical, testimonial based on performance or skills or a combination of these types.  Examinations 


 
12
may take into consideration experience, education, aptitude, capacity, knowledge, character, physical 
fitness and other attributes of the applicant as may be determined by the Commission. 
 
The Commission shall administer competitive examinations for all levels in the career service 
and grant corresponding civil service eligibilities to passers of the same. 
 
The Commission shall conduct civil service examinations as often as the exigency of the service 
requires.  Civil service special examinations may be conducted upon request of a particular department 
or agency, subject to rules and regulations promulgated by the Commission. 
 
SEC. 54. Qualifications of Applicants to Civil Service Examinations. -  Admission to civil service 
examinations shall be limited to citizens of the Philippines who satisfactorily meet the requirements 
prescribed by the Commission. 
 
SEC. 55. Rating of Examination Papers and Civil Service Eligibility. – Unless otherwise prescribed 
by the Commission, every examinee who obtains a general rating of at least eighty (80%) percent shall 
be granted civil service eligibility. 
 
SEC. 56. Simultaneous Release of Examination Results.  -  The results of an examination held in 
various locations on the same date shall be released simultaneously. 
 
SEC. 57. Registers of Civil Service Eligibles.  -  The Commission shall maintain a register of qualified 
eligibles for each category of examination actually available for appointment. The register shall be the 
basis for certification and appointment in the civil service system. 
 
SEC. 58. Bar or Board Examinations as Eligibility.  -  Successful examinees of bar or board 
examinations requiring completion of baccalaureate degrees or courses requiring not less than seventy-
two (72) units of collegiate subjects or its equivalent as well as those registered under their respective 
boards to practice their professions without examination, shall automatically be considered civil service 
eligibles.  Their eligibilities shall be effective upon the release of examination results or the date of 
registration, as the case may be, by the Supreme Court or the Professional Regulation Commission. 
 
SEC. 59. Effectivity and Imprescriptibility of Civil Service Eligibility. -  Eligibilities resulting from civil 
service, bar or board examinations shall be effective on the date of the release of examination results.  
Other eligibilities granted by the Commission shall be effective on the date of the grant. 
 
Civil service eligibilities shall be imprescriptible. 
 
SEC. 60. Invalidation of Civil Service Examination Results. -  The Commission shall have the 
authority to invalidate civil service examination results based on statistical improbability and other forms 
of irregularity as determined by the Commission. 
 
SEC. 61. Responsibilities in the Conduct of Examinations.  -  The Commission may call upon all 
departments and agencies to extend the necessary support and assistance, and to make available such 
personnel, buildings, transportation, communication and such other facilities, that may be needed in the 
administration of the examinations. 
 
SEC. 62. Printing, Storage, Transportation and Distribution of Examination Materials.  -  The 
printing, storage, transportation and distribution of examination materials shall be under the exclusive 
supervision and control of the Commission. The Commission shall determine and provide the necessary 
security measures for this purpose. 
 
SEC. 63. Examining Committees, Examiners and Investigators.  -  The Commission may deputize 
persons to act as members of examining committees, examiners or investigators to perform such duties 
as the Commission may require.  In the performance of such duties, they shall be under the exclusive 
control and supervision of the Commission.  Such persons so deputized may be given allowances or 
per diem for their services to be paid out of funds allocated for the particular examination and at a rate 
to be determined by the Commission.  Expenses for specialized examinations shall be allocated by the 
requesting department or agency. 
 
Chapter 2 
Selection and Appointment 
 


 
13
SEC. 64. Selection Process.  -  Each department or agency shall evolve its own selection process in 
accordance with standards and guidelines set by the Commission. 
 
A Personnel Selection Board for all levels shall be established in each department or agency 
to assist the appointing authority in the judicious evaluation and selection of personnel.  The board shall 
be established in accordance with standards and guidelines set by the Commission. 
 
SEC. 65. Requisites for Appointment.  -  Employment in the government service shall be made 
through appointment in accordance with the provisions of the Constitution, this Code, other laws and 
the rules and standards prescribed by the Commission. 
 
SEC. 66. Merit and Fitness in Appointment.  -  Appointment in the civil service system shall be made 
only according to merit and fitness to be determined, as far as practicable, by competitive examination, 
except to positions which are policy determining, primarily confidential, or highly technical. 
 
SEC. 67. Who May Appoint.  -  Appointment in the civil service system shall be issued only by those 
authorized by the Constitution or by law including those appointed in an acting capacity.  Those who 
are designated cannot exercise the power to appoint. 
 
SEC. 68. Qualifications for Appointment.  -  Appointment in the civil service system shall be limited 
to citizens of the Philippines who are at least eighteen (18) years of age and who meet the qualifications 
and none of the disqualifications prescribed for the position.  
 
SEC. 69. Effectivity of Appointment.  -  An appointment shall take effect immediately upon its issuance 
by the appointing authority.  If the appointee has assumed the duties of the position, he/she shall be 
entitled to receive salary at once without awaiting the approval of his/her appointment by the 
Commission.  Such appointment cannot be withdrawn or cancelled by the appointing authority and shall 
remain in full force and effect unless disapproved by the Commission.  However, an appointment issued 
through fraudulent means or in violation of law, shall be void from the beginning. 
 
In the case of temporary appointment, the twelve (12) month period of its effectivity shall be 
reckoned from the date of issuance of the appointment and not from the date the appointee assumes 
the duties of the position. 
 
 
No public officer or employee shall allow a person to render service without a copy of the 
appointment duly issued by the appointing authority.   Those who allow such service in violation of this 
Section shall be personally liable for the salaries of the person concerned.  Moreover, the services 
rendered by the said person shall not be credited as government service. 
 
If the appointee does not assume office within thirty (30) days from date of receipt of approved 
appointment, said appointment shall be deemed automatically cancelled.  
 
If the appointee is not allowed to assume office by the appointing authority in spite of the 
Commission's approval of the appointment, the appointing authority shall be held liable for contempt of 
the Commission.  This is without prejudice to his liability under RA 3019 (Anti-Graft and Corrupt 
Practices Act) and other criminal and administrative sanctions. 
 
SEC. 70. Appointment Form.  -  An appointment shall be issued in the form prescribed by the 
Commission. 
 
SEC. 71. Submission of Appointments and Oaths of Office.  -  All appointments in the civil service 
system, except those issued by the President and those of the Armed Forces of the Philippines, shall 
be submitted to the Commission for approval not later than thirty (30) days from the date of issuance 
thereof.   Such approval shall be indicated below the signature of the appointing authority; otherwise, it 
shall be made effective thirty (30) days prior to the date of submission to the Commission. 
 
Copies of appointments and oaths of office of those appointed by the President shall be 
submitted to the Commission for record purposes. 
 
SEC. 72. Merit Promotion Plan.  -  Each department or agency shall establish a Merit Promotion Plan, 
in accordance with standards and guidelines prescribed by the Commission. 
 
SEC. 73. Appropriate Civil Service Eligibility.  -  Appropriate civil service eligibility shall be required 
for permanent appointment to positions in the career service in accordance with the standards set by 
the Commission.  Whenever there is a qualified civil service eligible willing and actually available for 
appointment, no appointment shall be issued to a person who is not an eligible, even in a temporary 


 
14
capacity.  However, a temporary appointment may be issued to eligibles who lack any of the other 
requirements for appointment or, to non-eligibles who meet all the other mandatory requirements for a 
particular position. 
 
A person with a civil service eligibility acquired by passing an examination shall be qualified for 
a position requiring a lower level eligibility if he/she possesses the other requirements for appointment 
to such position. 
 
SEC. 74. Qualification Standards.  -  Qualification standards shall be used:  (a) as a basis for civil 
service examinations for positions in the career service; (b) as a guide in appointment and other 
personnel actions; (c) in the adjudication of protests against appointment; (d) in determining training 
needs; and (e) as an aid in inspection and audit of the agencies' personnel work programs. 
 
Qualification standards shall be administered so as to continually provide incentives to public 
officers and employees towards professional growth.  
 
The establishment, administration and maintenance of qualification standards shall be the 
responsibility of the department or agency concerned, as promulgated by the Commission. 
 
Chapter 3 
Status of Appointment 
 
SEC. 75. Appointment Status. – The status of an appointment shall be: 
(a) 
Permanent - an appointment issued to a person who meets all the qualification 
requirements of the position.   In no case shall a person who meets all the requirements 
for permanent appointment be issued a temporary appointment except to occupational 
groups of positions requiring additional or special qualifications, in which case, prior 
clearance to issue temporary appointment shall first be secured from the Commission.  
In case an appointment is erroneously issued, the Commission shall make the 
necessary rectification. 
 
 
Whenever there is a qualified civil service eligible willing and actually available 
for appointment as certified by the Commission, a non-eligible shall not be appointed 
even in a temporary capacity to any vacant position in the career service.  
(b) 
Temporary - an appointment issued to a person who does not meet eligibility or any 
of the other qualification requirements of the position:   Provided, that there are no 
qualified eligibles willing and actually available for appointment and that the 
appointment shall not exceed twelve (12) months.  
 
 
A temporary employee shall not be removed except for cause during the one 
(1) year period: Provided, that he/she may be replaced at any time within the same 
period, only by a qualified civil service eligible.  In the latter case, the appointing 
authority shall recall the temporary appointment and appoint the qualified civil service 
eligible. 
(c) 
Substitute – an appointment issued to a person who has all the qualifications for 
permanent appointment but shall occupy a temporary vacancy while the regular 
occupant thereof is on an approved leave of absence for at least one month, on a 
scholarship grant, on secondment, out on official business, or is unable to perform the 
duties for at least a month. 
(d) 
Coterminous – an appointment issued to a person whose entrance and continuity in 
the service is:  (1) based on the trust and confidence of the appointing authority or of 
the head of the organizational unit where he/she is assigned; (2) limited by the duration 
of the project; or (3) co-existent with the life span of the agency or office created. 
(e) 
Contractual – an appointment issued to a person for services in accordance with a 
special contract to undertake a specific work requiring special or technical skills 
unavailable in the employing agency, to be accomplished within one year.  The 
contractual employee shall perform the specific work under his/her own responsibility 
with minimum direction and supervision from the hiring agency.   No contractual 
appointments corresponding to plantilla positions shall be issued. 
(f) 
Casual – an appointment issued to a person for services in an emergency or during a 
peak work period to positions which do not have regular items in the plantilla of 
personnel of the department or agency.   A casual appointment shall not exceed twelve 
(12) months. 
Casual employees who have been in the service for an aggregate of three (3) 
years who meet all the qualification requirements of existing staffing pattern positions 


 
15
shall be absorbed as regular employees in accordance with the budgetary limitations 
set by law and rules to be promulgated by the Commission. 
(g) 
Provisional – an appointment issued to a teacher who meets all the requirements of 
the position except the eligibility but shall not exceed twelve (12) months.  
 
In no case shall temporary, provisional, contractual and casual appointments exceed an 
aggregate number of three (3) years in the same position except in meritorious cases as determined by 
the Commission. 
 
SEC. 76. Job Orders/Contract of Services and Consultancy.  -  The appointing authority may enter 
into service contracts such as job orders/contract of services and consultancies wherein no employer-
employee relation exists which contract shall be submitted to the Commission   within thirty (30) days 
from execution of the contract for monitoring and record purposes. 
 
SEC. 77. Rationalizing Casual, Contractual Services, Consultancy, and Job Orders/Contract of 
Services.   -  The Commission shall formulate policies in order to systematize and rationalize the hiring 
and   expenditures for consultancy, casual and contractual services. 
 
Chapter 4  
On Personnel Actions 
 
SEC. 78. Personnel Action.  -  denotes the movement of personnel within the civil service system.  It 
shall include original appointment, promotion, transfer, reinstatement, reemployment, reappointment, 
renewal, change of status, upgrading or reclassification, demotion and other related action.   Personnel 
actions shall be in accordance with the rules, standards and regulations promulgated by the 
Commission. 
 
A vacancy may be filled up by any of the following personnel actions:  original appointment, 
promotion, transfer, renewal, demotion, reemployment and reappointment. 
 
SEC. 79. Original Appointment.  -   refers to the initial entry into the career service or non-career 
service. 
 
The appointee shall undergo a probationary period of six (6) months during which he/she shall 
undergo a thorough assessment of his/her performance and conduct. His/her services can be 
terminated anytime during said period for unsatisfactory conduct or want of capacity. The order of 
termination shall be served through personal notice or through constructive notice and shall no longer 
be appealable. 
 
SEC. 80. Promotion.  -   is the movement of an employee to a higher position within the same 
department  or  agency  with corresponding increase in duties and responsibilities, usually accompanied 
by an increase in salary. 
 
The pendency of an administrative case against any public officer or employee shall not be a 
bar to promotion. 
 
SEC. 81. Transfer.  -   is the movement of an employee from one agency to another or from one position 
to another within the same agency which may involve a position of higher, equivalent or lower rank, 
level or salary, without break in the service.   Transfer requires the issuance of an appointment. 
 
SEC. 82. Reinstatement.  - is the automatic restoration of a person to a position from which he/she was 
illegally separated with back salaries including allowances and benefits except representation and 
transportation  allowances (RATA) and uniform  allowance  not to exceed five (5) years reckoned 
retroactively from the date of actual reinstatement. 
 
SEC. 83. Reemployment.  -   is the appointment of a person who has been previously appointed to a 
position in the government service after separation therefrom.   Reemployment presupposes gap in the 
service. 
 
SEC. 84. Reappointment. -   is the issuance of an appointment during reorganization, devolution, or 
similar events.   Reappointment presupposes no gap in the service. 
 


 
16
SEC. 85. Renewal. -   is the subsequent appointment issued immediately upon the expiration of a 
temporary, contractual or casual appointment, if a qualified eligible is not willing and actually available, 
as certified by the Commission.   Renewal presupposes no gap in the service. 
 
SEC. 86. Demotion. -   is the movement from one position to another within the same department or 
agency involving the issuance of an appointment with diminution in duties, responsibilities and status 
or rank.  Demotion due to the exigency of the service shall not involve reduction in pay:  Provided, that 
such demotion shall require the consent of the public officer or employee concerned.   Voluntary 
demotion and demotion as a penalty shall be at the hiring rate of the lower position. 
 
SEC. 87. Reclassification. -  is the appointment that comes as a result of a change in the classification 
of a regular position due to material and substantial changes in duties and responsibilities of the position 
without change in status and regardless of the qualifications of the holder of said position. 
 
SEC. 88. Personnel Movements.  -  The issuance of an appointment is not needed in personnel 
movement involving no change in position title, rank or status if the existing appointment does not 
specify the workstation.  Such movement may include the following: 
 (a) 
Change in item number only 
(b) 
Salary adjustment 
(c) 
Step-increment 
(d) 
Upgrading (same position) 
 
Notice of such adjustment or movement shall be submitted to the Commission within thirty (30) 
days from issuance thereof. 
 
Except for secondment, the following personnel movements do not require the issuance of 
appointments but shall require office orders: 
(a) 
Reassignment - is the movement from one organizational unit to another in the same 
department or agency, without reduction in rank, status or salary of the employee.  
Reassignment from the official workstation without the written consent of the employee 
shall not exceed one (1) year.   Otherwise, the reassignment shall be illegal.   
 
Reassignment which results in demotion in rank, status or salary or which 
exceeds one year without the consent of the public officer or employee may be 
appealed to the commission.   Pending the appeal, reassignment of the public officer 
or employee shall be held in abeyance until resolved by the Commission.   
 
Reassignment of low-salaried employees should not result in economic 
dislocation.   
(b) 
Detail - is the temporary movement of a public officer or employee from one department 
or agency to another without the issuance of an appointment but with the consent of 
both the mother and receiving agencies and shall be allowed only for a maximum period 
of one year; otherwise, the consent of the public officer or employee concerned shall 
be necessary.   Detail shall not result in reduction in rank, status or salary.  
 
Detail which results in demotion in rank, status or salary or which exceeds one 
year without the consent of the public officer or employee may be appealed to the 
commission.  Pending the appeal, detail of the public officer or employee shall be held 
in abeyance until the decision of the Commission.   
 
The detailed employee shall carry his/her regular position in the mother agency 
and continue to receive his/her salary from the mother agency.   
(c) 
Job Rotation - is the sequential movement of an officer or employee from one office 
to another or from one division to another within the same agency as a means for 
developing and enhancing the potentials of people in an organization by exposing them 
to the other work functions of the agency.  It shall be allowed only for a maximum period 
of one (1) year.  However, job rotation exceeding one (1) year may be allowed with the 
consent of the officer or employee, any extension of which may be allowed with the 
consent of the officer or employee concerned.   
(d) 
Secondment - is the movement of a public officer or employee from one department 
or agency to another upon mutual concurrence between the mother agency, the 
receiving agency and the employee concerned which should be covered by a 
Memorandum of Agreement (MOA) in accordance with the guidelines that the 
Commission may promulgate.  It is temporary in nature which may involve the same, 
reduction or increase in compensation and may or may not require the issuance of an 
appointment.  The seconded employee shall be on leave without pay from the mother 


 
17
agency and shall be entitled to the compensation of the position to which he/she was 
seconded in the receiving agency unless otherwise specified in the MOA, the receiving 
agency shall shoulder all the benefits and emoluments of the seconded employee.   
(e) 
Designation - is the imposition of additional duties to be performed by a public officer 
or employee which is temporary in nature and shall be allowed only for a maximum of 
one (1) year.  The choice of who shall be the public officer or employee to be designated 
shall pass through regular Promotion and Selection Board (PSB) proceedings; 
Provided, that next-in-rank public officers or employees shall be designated to the next 
higher position; Provided further, that there are no qualified next-in-rank public officers 
or employees in the agency who are willing and actually available who can be 
appointed to the position.   
 
The employee designated shall be entitled to the benefits accruing to the 
position but shall continue to receive the salary of the position to which he/she holds 
an appointment. 
 
SEC. 89. Change of Status.  -  When a temporary public officer or employee acquires the appropriate 
eligibility or becomes fully qualified to the position to which he/she is appointed, the status of such 
appointment shall be changed from temporary to permanent without issuing another appointment.  
However, such change shall be reflected in the records of the Commission upon the notification by the 
agency concerned.  
 
Title II – Disputes Regarding Appointments and Other Personnel Actions 
 
Chapter 1    
Contests on Appointments and Other Non-Disciplinary Cases 
 
SEC. 90. Who May Contest An Appointment. -  Any eligible qualified for the position may contest an 
appointment made in favor of one who is not qualified or whose appointment is issued not in accordance 
with law.   
 
SEC. 91. Adjudication of Contests on Appointments and Other Personnel Actions.  -  All other 
cases on non-disciplinary personnel actions shall be adjudicated initially by the appointing authority, as 
prescribed by the Commission. 
 
SEC. 92. Appeals on Contests of Appointments, Personnel Actions, and Non-Disciplinary Cases. 
-  The decisions of heads of agencies on contests of appointments, personnel actions and non-
disciplinary cases are appealable to the Commission.   
 
TITLE III - Agency Personnel Administration 
Chapter 1 
Inter-Agency Relations 
 
SEC. 93. The Central Personnel Agency.  -  The Commission, as the central personnel agency of the 
government, shall promulgate rules and regulations on personnel administration and management in 
the civil service system. 
 
SEC. 94. Responsibility for Personnel Administration. -  Each department or agency shall establish 
a personnel office to be headed by a Human Resource Management Officer (HRMO) who shall be 
responsible for the effective implementation of personnel regulations and policies. 
 
Employee unions and organizations shall be consulted and represented in the development 
and implementation of the agency personnel mechanisms such as merit promotion plan, incentives and 
rewards program, performance appraisal system, incentives and rewards plan, training and 
development plan, grievance machinery, and occupational and health plan, in accordance with the rules 
and regulations promulgated by the Commission.  
 
SEC. 95. Council of Human Resource Management Officers. -  There shall be a Council of Human 
Resource Management Officers (HRMO) to be composed of HRMOs which shall serve as a clearing-
house of information to stimulate the use of innovative methods of personnel management and 
advocate for sound personnel policies for good governance. 
 


 
18
 
Chapter 2 
Local Government Personnel Administration 
 
SEC. 96. Responsibility for Local Government Personnel Administration.  -  Each local government 
unit shall establish a personnel office for the implementation of personnel regulations and policies in 
accordance with the provisions of this Code, the Local Government Code, and rules, policies, 
standards, guidelines and regulations promulgated by the Commission. 
 
SEC. 97. HRMO Positions in LGUs.  -   The position of HRMO shall be immediately mandatory for 
provincial and city governments, and first and second class municipalities.  Third and fourth class 
municipalities shall create the HRMO position within three (3) years from the effectivity of this Code.  
While the fifth and sixth class municipalities shall create the same within five (5) years. 
 
Chapter 3   
Position Classification and Compensation 
 
SEC. 98. Position Classification and Compensation System. -  The Commission shall develop and 
administer the Position Classification and Compensation System (PCCS) which shall have two parts:  
the Position Classification Plan and the Compensation Plan.  The Position Classification Plan shall 
consist of the occupational groups and classes to which positions are to be allocated or reallocated, 
and the rules and regulations for implementation.  The Compensation Plan shall consist of the salary 
schedule, policies relative to salaries, allowances, bonuses, and such other benefits accruing to the 
public officers and employees of the civil service system, and the rules and regulations for 
implementation. 
 
SEC. 99. Basis for Position Classification and Compensation. -  The classification and 
compensation of positions in the civil service system shall be based on similarity of kind and level of 
work and the determination of the relative worth of these classes of positions. 
 
SEC. 100. Coverage of the PCCS.  -  The PCCS shall apply to all positions in the civil service system 
whether permanent or temporary, appointive or elective on full or part-time basis now existing or 
hereafter created. 
 
Chapter 4    
Personnel Inspection and Audit 
 
SEC. 101. Purpose.  -  The Commission shall conduct periodic inspection and audit of the personnel 
management programs of each department and agency to provide advice and assistance in the 
development of constructive policies, standards and procedures to improve all areas of personnel 
management. 
 
SEC. 102. Scope. -  The inspection and audit of the personnel management programs may include the 
following: 
(a) 
Organization and personnel management; 
(b) 
Formulation, issuance and implementation of personnel policies; 
(c) 
Recruitment and selection of employee; 
(d) 
Personnel action and employment status; 
(e) 
Career and employee development; 
(f) 
Performance evaluation systems; 
(g) 
Employee suggestions and incentive award; 
(h) 
Employee relations and service; 
(i) 
Discipline; 
(j) 
Personnel records and reporting; 
(k) 
Program evaluation; and 
(l) 
Employee organization. 
 
SEC. 103. Submission of Audit Reports.  -  The Commission shall regularly submit its personnel audit 
reports to the units concerned, heads of departments, Office of the President and the Legislature. 
 
BOOK III.   HUMAN RESOURCE MANAGEMENT 


 
19
 
Title I - Human Resource Development 
 
Chapter 1    
Policy on Human Resource Development 
 
SEC. 104. Policy.  -  There shall be an integrated program on human resource development for all 
levels and ranks in the civil service system that shall provide equal opportunities for career 
development. 
 
The Commission shall encourage all departments and agencies to develop and implement 
human resource development plans and programs to include, among others, training and development, 
performance appraisal and incentives and awards for their personnel in accordance with Commission 
policies and standards. 
 
Chapter 2 
Training and Development 
 
SEC. 105. Training and Development System. -  The Commission shall promote opportunities for 
training in skills enhancement and capability-building programs, local and foreign scholarships, and 
other educational opportunities.   
 
SEC. 106. Commission's Responsibilities for Training and Development. - The Commission shall 
be responsible for the development, administration and evaluation of government-wide training 
programs on public personnel administration, and shall issue the appropriate rules and regulations for 
the said training and development programs. 
 
SEC. 107. Responsibilities for Local and Foreign Scholarships.  -  The Commission shall have the 
responsibility to administer service-wide local and foreign scholarship programs.   It shall also develop 
policies, standards, procedures and guidelines for the effective, efficient and equitable distribution of all 
scholarship grants.   However, foreign scholarship grants which are part of the overseas development 
assistance (ODA) shall be administered by an Inter-agency Committee co-chaired by the Commission 
and the National Economic and Development Authority. 
 
SEC. 108. Inter-Agency Scholarship Committee.  -  The inter-agency scholarship committee shall be 
co-chaired by the Chairperson of the Commission and by the Director General of the National Economic 
and Development Authority (NEDA).  The Committee Secretariat shall be based at the NEDA.  The 
following agencies or their duly designated representatives who hold positions not lower than that of 
assistant secretary or its equivalent shall constitute the members: 
(a) 
Department of Foreign Affairs; 
(b) 
Department of Education; 
(c) 
University of the Philippines; 
(d) 
Commission on Higher Education; and the 
(e) 
Presidential Management Staff-Office of the President. 
 
SEC. 109. Agency Responsibilities for Training and Development. -  Each department or agency 
shall be responsible for the development, implementation and evaluation of its training and development 
plan as well as its gender and development plan in accordance with policies and standards promulgated 
by the Commission. 
 
To carry out these responsibilities, each agency shall establish its own Personnel Development 
Committee pursuant to the rules and regulations promulgated by the Commission. 
 
SEC. 110. Technical Assistance and Consultative Services. -  The Commission shall provide 
technical assistance and consultative services to all departments and agencies in the development, 
administration and evaluation of their human resource development programs. 
 
The Commission may also avail of advisory assistance from its accredited training institutions, 
professional organizations, public sector unions, federations, confederations and non-government 
organizations (NGOs) in connection with its human resource development policies and programs. 
 
Chapter 3    
Performance Appraisal 


 
20
 
SEC. 111. Performance Appraisal System. -  The Commission shall promote the establishment of a 
Performance Appraisal System (PAS) for all appointive public officers and employees which shall be 
the basis for incentives, rewards and recognition, training and development, personnel actions, and 
administrative sanctions in all departments and agencies. 
 
SEC. 112. Performance Appraisal Plan. -  Each department or agency shall develop and use one or 
more appropriate Performance Appraisal Plans (PAP) for the various groups of positions therein. 
 
All performance appraisal plans shall be in accordance with policies, standards and guidelines 
prescribed by the Commission. 
 
Chapter 4   
Incentives and Awards 
 
SEC. 113. Rewards System.  -   The Commission shall promote the establishment of a rewards system 
in the department and agencies.    It shall include incentives, commendations and awards. The rewards 
system shall be granted individually or in groups, for outstanding performance, exemplary conduct on 
the job, inventions, ideas or suggestions, superior accomplishments and other extraordinary acts or 
services in the interest of the public. 
 
The Commission shall evaluate the implementation of the rewards system in all departments 
and agencies. 
 
SEC. 114. Merit and Rewards Plan.  -   Each department or agency shall develop a merit and rewards 
plan appropriate for its officers and employees   in accordance with policies and standards promulgated 
by the Commission. 
 
TITLE II - Personnel Relations in the Civil Service System 
 
Chapter 1 
Personnel Relations 
 
SEC. 115. Declaration of Policy.  -  The Commission shall provide leadership and assistance in 
developing personnel relations programs in the civil service system in consultation with public officers 
and employees and/or their organizations with their respective departments and agencies. 
 
The head of a department or agency shall be responsible for an effective personnel relations 
program in the department or agency. 
 
SEC. 116. Grievance Machinery. -  Each department or agency of the Government, with the assistance 
and approval of the Commission shall establish and administer a grievance machinery to promote 
wholesome and desirable relations among employees and between employees and management.   
 
Employees shall have the right to have their grievances adjudicated as expeditiously and as 
fairly as possible.   
 
A grievance may be filed by aggrieved employees or by the employee organization to which 
they belong in accordance with the guidelines issued by the Commission.   
 
SEC. 117. Right to Organize. - Government employees may form, join or assist employee organizations 
of their own choice for the furtherance and protection of their interests.  Government employees may 
also form, in conjunction with appropriate government authorities, employee management committees, 
work councils and other forms of employee participation schemes.  
 
However, uniformed personnel of the Philippine National Police (PNP), Bureau of Fire 
Protection (BFP) and Bureau of Jail Management and Penology (BJMP), cannot form or join rank-and-
file employee organizations for purposes of collective negotiations. 
 
Public officers and employees whose functions are primarily managerial or confidential in 
nature cannot form or join    employee organizations for purposes of collective negotiations. 
 
SEC. 118. Protection of the Right to Self-Organization.  -  Government employees shall not be 
discriminated against by reason of their membership in employee organizations or participation in the 
normal and legitimate activities of such organizations.  Employment in the civil service system shall not 
be subject to the condition that the individual shall not form or join any employee's organizations. 


 
21
 
Management shall not interfere in the establishment and administration of government 
employee organizations.  
 
Chapter 2 
Employee Organization 
 
SEC. 119. Registration of Rank-and-File Employee Organizations.  -  Rank-and-file employee 
organizations shall register with the Commission in accordance with the implementing guidelines to be 
promulgated by the Commission. 
 
SEC. 120. Sole and Exclusive Employee Organization. - The duly registered employee organization 
in an agency that has the support of the majority of the total rank-and-file employees shall be accredited 
by the Commission as the sole and exclusive employee representative.  In cases when there are two 
(2) or more registered employee organizations in an agency, the Commission, upon petition, shall 
conduct a certification election and shall certify the employee organization who garnered the majority 
vote as the sole and exclusive representative of the rank-and-file employees in the said agency. 
 
For this purpose, an agency shall refer to an office which has its own budgetary allocations as 
provided for in the General Appropriations Act, specifically its Table of Contents. 
 
SEC. 121. Accreditation of Employee Federation in an Agency.  -  Registered employee 
organizations within a given agency may federate and shall be accredited as the sole and exclusive 
bargaining representative of the employees; Provided, its aggregate total membership constitute the 
majority of the total rank-and-file employees in the agency.   
 
SEC. 122. Collective Negotiations.  -  Except those that are fixed by law, terms and conditions of 
employment in the government service may be the subject of collective negotiations between duly 
accredited employee organizations and the appropriate government authorities. 
 
Collective negotiations agreements shall be registered with the Commission.   
 
Chapter 3  
Settlement of Disputes 
 
SEC. 123. Definition of terms.  -  For purposes of this Code, the following terms shall be defined as 
follows: 
A. 
Arbitration - refers to the process whereby a third party (individual arbitrator), a board 
of arbitrators, or an arbitration court not acting as a court, is empowered to make a 
decision which disposes of the dispute. 
1. 
Voluntary - a method of settling dispute/s where both parties agree to submit 
the dispute before an arbitrator or panel of arbitrators chosen by both parties.  
The voluntary arbitrators shall render a decision after proper hearing of the 
issues.  The decision of the arbitrator shall be final and binding on the 
contending parties. 
2. 
Compulsory – a method resorted to when the dispute has become hardened 
and irreconcilable and remains unresolved after exhausting all the available 
remedies under existing laws and procedures. 
B. 
Conciliation - refers to the process whereby a third party (conciliator) brings the 
disputing parties together, encourages them to discuss their differences and assists 
them in developing their own proposed solutions. 
C. 
Mediation  - refers to the process whereby a third party (mediator) is more active in 
assisting the disputing parties reach acceptable solutions to the problem/s and help 
them develop or come out with an acceptable solution.  The mediator may submit 
proposal/s for the settlement of dispute. 
 
SEC. 124. Settlement of Disputes within an Agency.  -  Disputes within employee organizations, 
between and among employee organizations, and between employee organizations and management 
shall be settled through conciliation, mediation and arbitration.   The Commission shall be responsible 
in providing conciliation and mediation services.   In case any dispute remains unresolved, the 
Commission shall certify the same to the Public Sector Labor Management Council (PSLMC), which 
shall resolve and settle it within the period of sixty (60) days from receipt thereof.   


 
22
 
However, the parties may opt to submit the issue for voluntary arbitration, the decision of which 
shall be final and unappealable. 
 
Chapter 4  
Public Sector Labor-Management Council 
 
SEC. 125. Public Sector Labor-Management Council (PSLMC).  -  Public Sector Labor-Management 
Council (PSLMC) is hereby constituted to be composed of the following: 
(a) 
Chairperson, Civil Service Commission – Chairperson; 
(b) 
Secretary, Department of Labor and Employment - Vice Chairperson 
(c) 
Secretary, Department of Finance – Member; 
(d) 
Secretary of Justice – Member; 
(e) 
Secretary, Department of Budget and Management – Member; and 
(f) 
One (1) employee representative each from the National Government Agencies 
(NGAs), the Government-owned and Controlled Corporations (GOCCs), the Local 
Government Units (LGUs), and the State Colleges and Universities (SUCs), to be 
chosen by the employee organizations concerned. 
 
 
The ex-officio members may designate their permanent alternates who hold positions 
not lower than an assistant secretary or its equivalent. 
 
The employee representatives, who may also designate their permanent alternates, 
shall serve for a term of two (2) years or until their successors shall have been appointed or 
elected.  In no case, however, shall anyone of them serve under holdover capacity for more 
than one (1) year. 
 
The PSLMC may deputize public officers and employees of the Commission and of 
other departments and agencies to investigate and hear cases brought before it for arbitration.   
It may likewise deputize any national or local law enforcement agency or instrumentality of the 
government which shall act under its direct and immediate supervision, to enforce and execute 
its decisions, orders, and rulings. 
 
The PSLMC shall implement and administer the provisions of this Chapter.   For this 
purpose, the PSLMC shall promulgate the necessary rules and regulations to implement this 
Chapter. 
 
SEC. 126. Original and Exclusive Jurisdiction of the PSLMC.  -  The PSLMC shall have original and 
exclusive jurisdiction to hear and decide the following cases: 
(a) 
Unfair public sector labor and management practice; 
(b) 
Representation issue; 
(c) 
Disputes arising in the course of the conduct of collective negotiations; 
(d) 
Disputes on issues resulting from the implementation of the grievance machinery; 
(e) 
Determination of the presence or absence of a strike; 
(f) 
Inter-employee organization dispute; 
(g) 
Intra-employee organization dispute; 
(h) 
Employee organization election of officers;  
(i) 
Disputes on issues resulting from the implementation of the provisions of Collective 
Negotiations Agreement; and 
(j) 
Other analogous acts as may be determined by the PSLMC. 
 
 
These cases may be referred to the PSLMC by any of the parties to the dispute or the 
PSLMC may, motu proprio, take cognizance of the same whenever the interest of the service 
so demands. 
 
When the main issue of a particular case is the consequence of a strike or other 
concerted activities and the PSLMC has already assumed jurisdiction over the same, no 
administrative or disciplinary action shall be instituted by the agency concerned against any 
employee involved therein until the final resolution of the case. 
 
SEC. 127. Unfair Public Sector Labor and Management Practice.  -  The following shall constitute 
unfair public sector labor and management practice on the part of the agency: 
(a) 
Interfering with, restraining or coercing employees in the exercise of their right to self-
organization; 


 
23
(b) 
Requiring as a condition of employment that an employee shall not form or join an 
employee organization or shall withdraw from one to which he/she belongs; 
(c) 
Discriminating in regard to work schedules, places of assignment and other terms and 
conditions of employment in order to encourage or discourage membership in any 
employee organization; 
(d) 
Terminating the services or discriminating against any employee for having signed or 
filed an affidavit, petition or complaint or given any information or testimony   against 
the head of the agency or members of top management; 
(e) 
Refusing to collectively negotiate in good faith with the accredited employee 
organization;  
(f) 
Violating any of the provisions of the Collective Negotiation Agreement; and 
(g) 
Other analogous acts as may be determined by the PSLMC 
 
 
The following shall constitute unfair public sector labor and management practice on the part 
of the employee organization: 
(a) 
Restraining or coercing any employee to form or join an employee organization or its 
activities.   Employee organization shall have the right to prescribe its own rules on the 
acquisition or retention of membership; 
(b) 
Causing or attempting to cause the agency head or other officers to discriminate 
against an employee who has not joined or has withdrawn membership from the 
employee organization; 
(c) 
Refusing to collectively negotiate in good faith with management;  
(d) 
Violating any of the provisions of the Collective Negotiation Agreement; and 
(e) 
Other analogous acts as may be determined by the PSLMC.    
 
 
The heads of offices and the other officers of the agency as well as officers and members of an 
employee organization, who participate in or authorize an unfair public sector labor and management 
practice shall be held administratively liable and shall be imposed a fine of not less than P10,000.00, or 
suspension not exceeding one year, or both for such participation or grant of authority without prejudice 
to civil and criminal liability. 
 
SEC. 128. Writ of Preliminary Injunction or Temporary Restraining Order.  – The PSLMC, after 
notice and hearing, may issue a writ of preliminary injunction or temporary restraining order which shall 
not last for more than twenty (20) days from issuance thereof when, on the basis of the allegations in 
the petition, it is established that the acts complained of involving or arising from any employee-
management dispute, if not restrained or performed immediately, may cause grave or irreparable injury 
to any party or render ineffectual any decision of the PSLMC in favor of such party. 
 
The PSLMC shall require the petitioner to post a bond and the writ of preliminary injunction or 
temporary restraining order shall become effective only upon the approval of the bond which shall 
answer for any damage that may be suffered by the party enjoined if it is finally determined that the 
petitioner is not entitled to the ancillary relief prayed for. 
 
SEC. 129. Grounds for Contempt.   -  The PSLMC may cite a person for contempt on any of the 
following grounds: 
(a) 
Disobedience or resistance to a lawful order, decision, ruling, summons or subpoena 
or any other issuance of the PSLMC; or 
(b) 
Unlawful interference with the proceedings of the PSLMC, improper conduct tending 
directly or indirectly to impede, obstruct, delay or hamper the implementation of any 
order, decision or ruling of the PSLMC. 
 
The person so cited for contempt whether direct or indirect shall be punished by a fine of not 
more than P1,000.00 for every act of contempt.  Each day of defiance or disobedience or non-
enforcement of any issuance of the PSLMC as mentioned shall constitute separate acts of contempt of 
the PSLMC. 
 
SEC. 130. PSLMC Decision. -  Decisions of the PSLMC are final and executory unless a motion for 
reconsideration is filed by the aggrieved party within fifteen (15) calendar days from receipt of the 
decision and only on the basis of palpable or patent errors.  The PSLMC shall not entertain any second 
motion for reconsideration. 
 
Decisions of the PSLMC may be elevated to the Court of Appeals. 
 


 
24
Chapter 5 
The Right to Strike 
 
SEC. 131. Right to Engage in Strike.  - The right of the duly accredited employee organization to strike, 
consistent with national interest and public service, shall be recognized and respected: Provided, the 
striking organization shall ensure an effective skeletal workforce whose movement and services shall 
not be hampered or restricted as are necessary to guarantee the proper and adequate delivery of public 
service.    
 
In view of the peculiar character of public service and considering that public office is a public 
trust, the right of employees to strike may be allowed only as a last resort and subject to the limitations 
herein provided. 
 
SEC. 132. Who Can Strike.  -  Rank-and file employees of the agency where the accredited employee 
organization belongs may join the strike subject to the provisions of this code.  Employees who join the 
strike shall not be entitled to payment of salary for the period that they are on strike. 
 
SEC. 133. Government Employees Who Are Prohibited to Strike.  -  The following are not allowed 
to strike due to exigency in public service, public safety and national interest: 
(a) 
Defense and security services including officers and employees belonging to the 
Armed Forces of the Philippines (AFP), police, fire protection, jail management and 
those engaged in the custody of prisoners and detainees;  
(b) 
Medical and allied services including doctors, nurses, medical therapists and 
paramedics; 
(c) 
Public utility services such as power and water supply, transportation, air traffic 
contro1lers, radar and radio controllers, lighthouse keepers and harbor pilots; and 
(d) 
Other analogous services to be determined by the Commission taking into 
consideration public service and national interest. 
 
SEC. 134. Grounds for Strike.  -  A strike may be declared on the following grounds:  
(a) 
Unfair public sector labor and management practices committed by management as 
provided for in this Code; 
(b) 
Mismanagement or abuse of the management of the agency; and 
(c) 
Graft and corruption. 
 
SEC. 135. Notice of Dispute.  -  The existence of a dispute which may be the ground of an impending 
strike must first be brought to the Commission in the form of a notice of dispute for either conciliation 
and mediation or the parties may submit the same for voluntary arbitration.   In either case, the notice 
of dispute must be in accordance with the requirements and procedures as may be prescribed by the 
Commission which shall settle the dispute within sixty (60) days from date of receipt of the said notice.   
In cases when the parties opt for voluntary arbitration, the agreement thereof shall be final and 
executory between the parties concerned. 
 
SEC. 136. Certification to the PSLMC.  -  In the event the dispute is not settled within the sixty (60)-
day period prescribed in the preceding Section or in case of failure to arrive at a resolution of the dispute 
through conciliation or mediation, the Commission shall certify the dispute to the PSLMC for settlement 
and resolution.    
 
SEC. 137. Requirement of Strike Vote and Notice to Strike.  -   Immediately upon certification of the 
dispute to PSLMC as provided in the preceding section, the accredited employee organization may call 
a vote in order to declare a strike.  The decision to declare a strike must be approved by a majority vote 
of the total rank-and-file employees of the agency where the duly accredited employee organization 
belongs.   The same shall be obtained through secret ballot in a meeting called for the purpose.  The 
duly accredited employee organization shall file with the PSLMC the results of the strike vote and the 
notice to strike, copy furnish the head of agency, at least thirty (30) days before the date of the intended 
strike and during the said 30-day period no strike shall be held.   Only disputes or issues raised in the 
said notice shall be the subject of the strike.  
 
SEC. 138. Remedial Actions by the PSLMC. -  When a dispute has been referred to the PSLMC, it 
shall exert all efforts to settle the same through various modes of dispute settlement in order to prevent 
the impending strike. 


 
25
When there is a strike in a government agency, which affects national interest or public service, 
the PSLMC may issue a return-to-work order and/or certify the same for compulsory arbitration.  A 
return-to-work order shall have the effect of automatically stopping the strike. 
For this purpose, the contending parties are strictly enjoined to comply with such order as are 
issued by the PSLMC, under pain of disciplinary action. 
 
SEC. 139. Prohibited Activities.   - 
(a) 
No dispute which occurred prior to the notice to strike, which was not raised in the said 
notice, may be the subject of succeeding strikes.     
(b) 
No person engaged in the strike shall commit any act of violence, coercion or 
intimidation or obstruct the free ingress to or egress from the agency's premises for 
lawful purposes or obstruct public thoroughfares.       
(c) 
No person shall obstruct, impede, or interfere with, by force, violence, coercion, threats, 
or intimidation any peaceful strike, or shall aid or abet such obstruction or interference. 
(d) 
No employee organization may declare a strike without first having filed the notice 
required under SEC. 137 and the necessary strike vote first having been obtained and 
filed with the PSLMC; 
(e) 
No employee organization may go on strike without ensuring and maintaining an 
effective skeletal force. 
 
BOOK IV.     PERSONNEL BENEFITS AND PRIVILEGES, DAYS AND HOURS OF WORK AND 
OFFICIAL RECORDS 
 
Title I - Personnel Benefits and Privileges 
 
Chapter 1 
Health and Other Services 
 
SEC. 140. Policy.  -  The health, welfare, safety and security of every personnel in the civil service 
system shall be the concern of the government.  To this end, a comprehensive occupational health 
program including medical, dental and other health services shall be established, maintained, and made 
accessible for all personnel in the civil service system.  Each department or agency shall make 
provisions out of their existing budgets for personnel health, welfare, medical and counseling services 
and leave benefits and promote and develop occupational safety, sports and recreation programs and 
similar services.  
 
SEC. 141. Safety and Accident Prevention. -  Each department or agency shall develop and maintain 
a continuing occupational safety and accident prevention program for its personnel. 
 
SEC. 142. Personnel Counseling. -  Each department or agency shall provide personnel counseling 
services, including pre-retirement counseling. 
 
SEC. 143. Personnel Recreation.  -  Each department or agency shall provide facilities for sports, 
recreational and cultural activities and shall encourage voluntary personnel participation. 
 
Chapter 2 
Leave Benefits 
 
SEC. 144. Entitlement to Leave Privileges.  -  Appointive personnel of the government, whether 
permanent, temporary, contractual or casual as well as elective officers, who render the required 
number of office hours shall be entitled to an annual fifteen (15)-day vacation and fifteen (15)-day sick 
leave with full pay exclusive of Saturdays, Sundays, and public holidays.   
 
SEC. 145. Leave of Absence of Part-time Personnel.  -  Public officers and employees rendering 
service on a part-time basis are entitled to vacation and sick leave benefits proportionate to the number 
of hours they served.   
 


 
26
SEC. 146. Leave of Absence of Personnel on Rotation Basis.  -  Public officers and employees on 
rotation basis shall be entitled to vacation and sick leave corresponding to the length of service they 
rendered. 
 
 
SEC. 147. Forced/Mandatory Vacation Leave.  -  All appointive and elective public officers and 
employees of the government with ten (10) days or more vacation leave credits shall be required to go 
on vacation leave whether continuous or intermittent for a minimum of five (5) working days annually. 
 
SEC. 148. Accumulation and Commutation of Leave.  -  Vacation and sick leave shall be cumulative 
and commutative.   Except for personnel covered by special laws, commutation of leave credits shall 
be exclusive of Saturdays, Sundays and holidays. 
 
Public officers and employees whose off-days do not fall on a Saturday or a Sunday shall have 
their leaves of absence computed exclusive of their off-days. 
 
SEC. 149. Rehabilitation Leave.  -  Qualified public officers and employees are entitled to rehabilitation 
leave for illnesses and/or injuries which are job-related or which resulted from or was aggravated by 
their working environment.   Such leave, which should not exceed six (6) months, shall be with full pay 
and benefits and shall not be charged against accumulated vacation or sick leave credits of the 
personnel concerned.  The cost of initial medical expenses such as emergency/paramedic services and 
initial ambulance or transport services shall be borne by the agency of the public officer and employee 
concerned.  Substantive and long term medical expenses for therapeutic and rehabilitation purposes 
shall be borne by the Philippine Health Insurance Corporation; the Employee Compensation 
Commission (ECC) and the Government Service Insurance System (GSIS) as the case may be and 
whenever applicable.  
 
SEC. 150. Teachers' Leave.  -  Other than those designated for continuous duty and those covered by 
special charters, schoolteachers in government elementary and secondary schools shall be entitled to 
vacation pay.  They shall be entitled to service credits for services rendered during the vacation period, 
including Saturdays, Sundays, and holidays, in accordance with the rules and regulations prescribed 
by the Commission.  
 
Teachers shall also be entitled to annual seven (7) days sick leave, which shall be non-
cumulative and non-commutative. 
 
SEC. 151. Leave of Elective Officers.  -  All elective officers shall be entitled to leave credits granted 
to appointive officers and the cumulation and commutation of the money value thereof. 
 
SEC. 152. Leave Credits of Public Officers and Employees Covered by Special Leave Laws.  -  
The leave credits of the following personnel are covered by special laws: 
(a) 
Justices of the Supreme Court, Court of Appeals and Sandiganbayan; 
(b) 
Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial Courts, 
Court of Tax Appeals and Shari'a Circuit Court; and Shari'a District Court; 
(c) 
The Chairperson and Commissioners of the Constitutional Commissions; 
(d) 
Filipino personnel in the Foreign Service; and   
(e) 
Other personnel covered by special laws. 
 
SEC. 153. Maternity Leave.  -  Women in the government service, of whatever civil and employment 
status and regardless of length of service shall, in addition to the vacation and sick leave granted them, 
be entitled to maternity leave of sixty (60) calendar days for normal delivery and seventy-eight (78) 
calendar days for delivery by caesarean section for the first four deliveries or miscarriages.  
 
SEC. 154. Paternity Leave.  -  A married man in the government service shall be entitled to paternity 
leave of seven (7) working days for the first four (4) deliveries or miscarriages of his legitimate spouse 
with whom he is cohabiting.  
 
The paternity leave shall be non-cumulative and non-commutative. 
 
SEC. 155. Adoption Leave.  -  Public officers and employees who legally adopt a child below seven 
(7) years of age as of the date the child is placed with them shall be entitled to adoption leave in the 
manner herein provided: 
 


 
27
(a) 
Married individuals   who are both in government shall be entitled to thirty (30) 
calendar days for the adoptive mother and seven (7) calendar days for the adoptive 
father. 
(b) 
Solo parents of whatever gender or civil status shall be entitled to thirty (30) calendar 
days. 
 
Availment of adoption leave shall commence from the date the child is placed with the 
adoptive parents, which shall not be earlier than the date of the decree of adoption.   Adoption leave 
shall be non-commutative and non-cumulative.  
 
SEC. 156. Parental Leave for Solo Parents.  -  In addition to leave privileges under existing laws, 
parental leave of not more than seven (7) working days every year until the child reaches the age of 
eighteen (18) years shall be granted to public officers and employees who are solo parents and have 
rendered service of at least one (1) year.    
 
Parental leave shall be non-commutative and non-cumulative. 
 
 
SEC. 157. Special Leaves - Government public officers and employees, except those covered by 
special leave laws, are entitled to special leaves, to mark personal milestones and/or attend to filial 
and domestic responsibilities, not exceeding an aggregate of three (3) days in accordance with 
guidelines to be set by this Commission. 
Special leaves shall be non-commutative and non-cumulative. 
 
SEC. 158. Study Leave and Sabbatical Leave. - Qualified public officers and employees may be 
granted study and sabbatical leave, subject to the rules and regulations promulgated by the 
Commission. 
 
SEC. 159. Commutation and Monetization of Leave Credits.  -  Accumulated leave credits can either 
be commuted or monetized subject to the rules and regulations prescribed by the Commission. 
 
SEC. 160. Effect of Reemployment on Commuted Leave. - Public officers and employees whose 
leave credits have been commuted following their separation from the service and were thereafter 
reemployed may refund the money equivalent of the unspent portion of the commuted leave credits.  In 
all cases, leave credits start from zero balance. 
 
SEC. 161. Transfer of Leave Credits of Appointive Personnel and Elective Officers.  -  When 
appointive public officers and employees transfer from one entity to another, they can have their 
accumulated vacation and/or sick leave credits commuted or transferred to their new office.  
 
The second option can only be exercised by the personnel concerned when there are no gaps 
in their service.   However, a gap of not more than one (1) month may be allowed provided same is not 
due to the fault of the personnel concerned. 
 
The abovementioned options of commutation or transfer of accumulated leave credits can also 
be availed of by an elective officer assuming another elective post.  However, these options are not 
applicable to the transfer of Armed Forces of the Philippines (AFP) uniformed personnel to civilian 
positions. 
 
SEC. 162. Prescriptive Period for Transfer of Leave Credits.  -  The option to transfer accumulated 
leave credits can be exercised within one (1) year only from the effective date of transfer of the 
appointive personnel to their new office, or to the assumption of the elective officers in their new post. 
 
SEC. 163. Leave without Pay.  -  In no case shall leave without pay be granted in excess of one (1) 
year or if the public officer or employee concerned still has leave credits with pay.   
 
SEC. 164. Terminal Leave.  -   Terminal leave refers to the total accumulated leave credits of 
personnel, the money value of which shall be based not necessarily on the latest salary rate but on the 
highest salary rate received at any time during the period of employment in the government service.  
 
Chapter 3 
Retirement Benefits 
 
SEC. 165. Payment of Retirement Benefits on the Day of Retirement. -  All personnel are entitled to 
receive their retirement benefits provided for under existing laws on the day of their retirement.  The 


 
28
last agency-employer shall ensure that all the retirement documents are in order six (6) months prior to 
the retirement of the said personnel.  All concerned agencies of the government shall render assistance 
in this regard. 
 
All public officers and employees with pending administrative, disciplinary cases who were 
eventually exonerated or cleared therefrom shall be entitled to payment of retirement benefits 
immediately a day after the promulgation of the decision. 
 
SEC. 166. Rate of Interest for Delay in Payment. -  Should the retiree, through no fault of his/her own, 
fail to receive the benefits on the day of retirement, the same shall earn interest at the prevailing legal 
rate. 
 
The retirement benefits of those who were eventually exonerated or cleared from 
administrative, disciplinary cases shall likewise earn interest at the prevailing legal rate computed from 
the date of retirement to the date of promulgation of the decision. 
 
SEC. 167. Liability for Delay.  -  Agencies or their personnel who caused the delay in the retiree's 
receipt of retirement benefits shall upon complaint of the retiree or the successor in interests, be liable 
for the payment of the interest mentioned in the immediately preceding Section.  This is without 
prejudice to the filing of administrative and criminal cases against the personnel responsible for the said 
delay. 
 
Complaints against delays in the release of retirement benefits shall be filed with the 
Commission within one (1) year from the date of retirement. 
 
The Commission shall promulgate rules and mechanisms to enforce this provision. 
 
Title II - Official Records and Work Days and Hours 
 
Chapter 1 
Personnel Records Information System 
 
SEC. 168. Policy.  -  A government-wide personnel records system shall be established, administered 
and maintained by the Commission. 
 
Each department or agency through its human resource management office, shall establish, 
manage and maintain personnel records and statistics of all its personnel.  
 
SEC. 169. Records of Employment.  -  The Commission shall keep and maintain official records of all 
elective and appointive personnel regardless of their employment status. The Commission shall likewise 
maintain statistics on their employment, accession and separation. 
 
Chapter 2 
Work Days and Hours 
 
SEC. 170. Observance of Work Days and Hours.  -   It shall be the duty of each head of agency to 
require all personnel to strictly observe the prescribed office hours and to wear identification cards, 
nameplates or the like bearing clearly and legibly their respective names and positions when dealing 
directly with the public in the performance of their respective duties or whenever they are within the 
premises of the office.   When the head of agency allows government personnel to leave the office 
during office hours and not for official business or official time, the same shall be reflected in their time 
records and charged to their vacation leave credits. 
 
SEC. 171. Daily Record of Attendance.  -  Each head of department or agency shall require a daily 
record of attendance of all personnel including those serving in the field or on board a vessel, to be kept 
on the proper form and, whenever possible, registered on the bundy clock or any mechanical, electrical, 
or electronic device.  
 
Service “in the field” or “on board a vessel” shall refer to service rendered outside the office 
which is the usual place of work. 
 
SEC. 172. Recording of Attendance by Senior Public officers.  -  Agency heads, third level positions 
shall record times of arrival at and times of departure from official workstations.   Absences from office 
shall likewise be properly recorded in the agency.  
 


 
29
SEC. 173. Liabilities.   -  Falsification or irregularities in the keeping of time records will render the 
personnel concerned administratively liable without prejudice to criminal prosecution as the 
circumstances warrant. 
 
SEC. 174. Forty Hour Workweek Requirement. -  Personnel of all departments and agencies except 
those covered by special laws shall render not less than forty (40) hours of work a week, exclusive of 
time for lunch.  As a general rule, such hours shall be from eight (8) o’ clock in the morning to twelve 
(12) o’clock noon and from one (1) o’clock to five (5) o’clock in the afternoon, all days except Saturdays, 
Sundays, and holidays.  However, in the interest of the service, heads of agencies, particularly those 
with frontline services, shall adopt measures to ensure that continuous service is available even during 
the 12:00 noon to 1:00 p.m. period.     
 
In the exigency of the service, or when necessary by the nature of the work of a particular 
agency, the rescheduling or shifting of work schedule of a particular agency for a number of working 
days less than the required five (5) days may be allowed by the head of agency provided that 
government personnel render a total of forty (40) hours a week and provided further that the public is 
assured of continuous  delivery of service from eight (8) in the morning to five (5) in the afternoon for 
the duration of the entire workweek. 
 
SEC. 175. Flexible Working Hours.  -   Flexible working hours shall be enforced subject to the discretion 
of the head of agency.   In no case shall the weekly working hours be reduced in the event the agency 
adopts the flexi-time schedule.  In the adoption of flexi-time, core working hours shall be prescribed 
taking into consideration the needs of the service.  
 
SEC. 176. Non-regular Working Hours.  -  A work schedule that deviates from that which is provided 
in Section 175 hereof or that which extends well into the night may also be allowed upon the discretion 
of the head of office, the need of the service, or the health and welfare of the personnel concerned; 
Provided, that the forty (40)-hour workweek exclusive of meal time, will not be reduced.   
 
SEC. 177. Flexible Working Place.  Public officers and employees may be allowed to work away from 
their official work stations subject to the discretion of the head of agency and the nature of the functions 
of their positions.  The Commission shall issue the rules and regulations to govern the adoption of a 
flexi-work place.  In no case shall the adoption thereof affect the availability and the accessibility of 
government services.  
 
SEC. 178. Persons in the Teaching Service.  -  All persons in the teaching service, primary and 
secondary levels, are covered by the forty (40)-hour work-week requirement and shall render not more 
than six (6) hours of teaching load every school day.  
 
SEC. 179. Performance of Duties in Excess of Forty Hours of Those in Special Occupational 
Groups.  -   When the nature of duties to be performed or the interest of the public service so requires, 
the head of department or agency may require any or all of the personnel to work in excess of the forty 
(40) hours, on Saturdays, Sundays and public holidays, with either additional compensation or 
compensatory time/days-off; or the accumulation of leave credits. 
 
SEC. 180. Compensation for Authorized Work Beyond Forty Hours. -  When the interest of public 
service so requires, the daily hours of work for personnel may be extended by the head of the agency 
concerned, which extension shall be fixed in accordance with the nature of the work.  Provided, that 
work in excess of forty (40) hours a week must be properly compensated by payment of overtime 
whenever funds are available for the purpose or through the grant of compensatory time or day/s-off or 
through the accumulation of leave credits. 
 
SEC. 181. Compensatory Time or Day/s Off.  -  Grant of compensatory time or day/s off shall be 
allowed for overtime services rendered subject to the rules to be promulgated by the Commission.  
 
BOOK V.    DISCIPLINE 
 
Title I - Administrative Discipline 
 
Chapter 1 
General Provisions 


 
30
 
SEC. 182. Disciplinary Action.  -  No public officer or employee in the civil service system shall be 
disciplined, suspended or removed from office except for cause as provided for by law and after due 
process. 
 
The following shall be grounds for disciplinary action: 
(a) 
Conduct prejudicial to the best interest of the service; 
(b) 
Discourtesy in the course of official duties; 
(c) 
Disgraceful or immoral conduct; 
(d) 
Dishonesty; 
(e) 
Drunkenness; 
(f) 
Engaging directly or indirectly in partisan political activities by one holding a non-
political office; 
(g) 
Engaging in or supporting acts of insurrection, rebellion, sedition, and other crimes 
against public order as defined in Title Three, Book Two of the Revised Penal Code 
and commission of crimes against national security and the law of nations as defined 
in Title One, Book Two, Chapters One, Two, and Three of the Revised Penal Code; 
(h) 
Engaging in prohibited activities under Section 139 of this Code; 
(i) 
Falsification of official documents; 
(j) 
Final conviction of a crime involving moral turpitude; 
(k) 
Gambling prohibited by law; 
(l) 
Illegal strike; 
(m) 
Inefficiency and incompetence in the performance of official duties; 
(n) 
Insubordination; 
(o) 
Neglect of duty; 
(p) 
Nepotism; 
(q) 
Oppression; 
(r) 
Pursuit of private business, vocation or profession in violation of civil service law, rules 
and regulations; 
(s) 
Refusal to perform official duty or unjust refusal to render overtime service; 
(t) 
Sexual Harassment; 
(u) 
Tardiness; 
(v) 
Unauthorized absences; 
(w) 
Unauthorized use of government resources or properties; 
(x) 
Unfair public sector labor and management practice; 
(y) 
Unjustifiable delays in the payment of employee benefits; 
(z) 
Violation of reasonable office rules and regulations; and 
(aa) 
All other grounds for disciplinary action provided or may be provided for by law. 
 
Chapter 2 
Disciplinary Jurisdiction 
 
SEC. 183. Original Jurisdiction. -  The heads of departments, agencies, bureaus and instrumentalities 
of the national government, constitutional offices, the proper disciplining authority of state universities 
and colleges, government-owned and -controlled corporations with original charters or created under 
special laws, and local government units.  
 
They shall also retain original jurisdiction over public officers and employees who are already 
separated from the service but who, while still in the service committed an offense. 
 
SEC. 184. Original Jurisdiction of the Commission.  -  The Commission shall have exclusive 
administrative disciplinary jurisdiction over its public officers and employees.  It shall have concurrent 
original disciplinary jurisdiction over public officers and employees of the departments, agencies, 
bureaus, state universities and colleges, government-owned and -controlled corporations with original 
charters or created under special laws, local government units.  
 
The Commission may, motu proprio, initiate the investigation and filing of administrative 
charges against public officers and employees who violate the provisions of this Code and other 
pertinent civil service laws, rules and regulations.   For this purpose, the Commission shall conduct fact-
finding investigations and require through the issuance of subpoena duces tecum and similar processes 
the production of government records necessary to resolve the case. 
 


 
31
SEC. 185. Original Jurisdiction of Bureau or Department-wide, Regional Office Head.  -  The heads 
of bureaus or department-wide regional offices shall have disciplinary jurisdiction over offenses 
committed by their subordinate public officers and employees.   
 
Chapter 3    
Procedures in Disciplinary Cases 
 
SEC. 186. Commencement of Administrative Proceedings and Answer. - 
(a) 
Administrative proceedings may be commenced motu proprio against a subordinate 
public officer or employee by the proper disciplining authority or head of department or 
agency or upon a sworn written complaint of any other person. The complaint shall be 
accompanied by sworn statements covering the charges and those of the witnesses 
together with documentary evidence, if any. 
(b) 
On the basis of the sworn written complaint and supporting papers filed by any other 
person, the disciplining authority shall require the person complained of to explain why 
no administrative case should be filed.  If the disciplining authority does not find a prima 
facie case, the complaint shall be dismissed; otherwise, a formal charge shall be issued 
in accordance with the provisions of this Code.   The respondent shall be furnished with 
copies of the complaint, sworn statements and other documents submitted.  
(c) 
In administrative proceedings initiated by the disciplining authority or head of a 
department or agency, the formal charge shall be issued only after the disciplining 
authority finds a prima facie case in accordance with the provisions of this Code. 
 
SEC. 187. Issuance of a Formal Charge.  -  The formal charge shall state the specifications of the 
offense and shall require the respondent to submit an answer in writing and under oath together with 
supporting sworn statements covering his/her defense and those of witnesses together with the 
documentary evidence, if any.  The respondent shall be allowed at least seventy-two (72) hours but not 
more than five (5) days from receipt of the formal charge to submit an answer and the affidavits of the 
witnesses, if any, and shall be informed of his/her right to counsel and to indicate whether or not he/she 
elects a formal investigation.  In cases when the respondent submits a request for clarification, a bill of 
particulars or a motion to dismiss which are obviously designed to delay the administrative proceedings, 
the same shall be considered as answer. 
 
SEC. 188. Formal Investigation.   - 
(a) 
If the respondent has elected a formal investigation, the disciplining authority or the 
duly authorized representative shall conduct the formal investigation with a notice 
issued within five (5) days from receipt of the answer. 
(b) 
Complainant and respondent may avail themselves of the services of counsel and may 
require the attendance of witnesses by subpoena ad testificandum and the production 
of documentary evidence through the compulsory process of subpoena duces tecum.  
(c) 
Even if the respondent does not request a formal investigation, such investigation shall 
be conducted when, on the basis of the allegations in the complaint and the answer of 
the respondent, including supporting documents, the merits of the case cannot be 
decided judiciously without conducting such investigation. 
(d) 
The formal investigation shall be commenced not earlier than five (5) days nor later 
than ten (10) days from receipt of the respondent's answer.  The investigation shall be 
conducted to ascertain the truth without strictly adhering to technical rules applicable 
to judicial proceedings.  Hearings shall be continuously held and the investigation 
terminated, if possible, within ten (10) days from its commencement, especially for 
grave offenses, unless the period is extended by the disciplining authority in meritorious 
cases. 
(e) 
The direct evidence for the complainant and the respondent shall consist of the sworn 
statements and documents submitted in support of the complaint or answer, as the 
case may be, without prejudice to the presentation of additional evidence deemed 
necessary but was unavailable at the time of the filing of the complaint or answer, upon 
which cross-examination by the respondent and the complainant, respectively, shall be 
based. 
 
SEC. 189. Report of Investigation and Record of Case.  -  The hearing officer shall submit to the 
disciplining authority the report of investigation within ten (10) days from the termination of the 


 
32
investigation.  The report shall contain the findings and recommendations together with the complete 
record of the case which shall be properly and securely bound, all pages numbered consecutively, and 
with a table of contents. 
 
SEC. 190. Decision.  -  The proper disciplining authority shall render a decision within the period and in 
the form and content as provided for in this Code.  
 
SEC. 191. Preventive Suspension.  -  Notwithstanding any provision of law to the contrary, the proper 
disciplining authority may preventively suspend a respondent formally charged with dishonesty, 
oppression, grave misconduct, gross neglect in the performance of duty, if there are reasons to believe 
that respondent is guilty of the charges which would warrant removal from office and that there is a 
great probability that the continuance in office of the respondent could influence the witnesses or pose 
a threat to the safety and integrity of the records and other evidence.  In no case shall preventive 
suspension exceed ninety (90) days or last for the duration of the investigation, whichever is shorter. 
 
SEC. 192. Lifting of Preventive Suspension Pending Administrative Investigation.  -  When the 
administrative case against the respondent under preventive suspension is not decided by the 
disciplining authority within the period of ninety (90) days after the date of suspension, the respondent 
shall be automatically reinstated in the service; Provided, that when the delay in the disposition of the 
case is due to the fault, negligence or petition of the respondent, the period of delay shall not be included 
in computing the period of suspension herein provided. 
 
Chapter 4 
Decision 
 
SEC. 193. When to Render Decision. -  The proper disciplining authority exercising original jurisdiction 
and those exercising appellate jurisdiction shall render their decisions within sixty (60) days from the 
date of the submission of the case for decision. 
 
SEC. 194. Form and Content of Decision.  -  The decision, properly designated as such and under 
the signature of the proper disciplining authority, shall contain the charge, the name of the respondent, 
the position and office of the respondent, a brief statement of the material and relevant facts, findings, 
offense committed and the penalty imposed.  
 
SEC. 195. Service of Decision.    - 
 (a) 
A copy of the decision shall be served on the complainant and the respondent through 
their respective counsel, if any, within five (5) days from its promulgation.  
 
(b) 
Disciplining authorities shall furnish their superiors with a copy of the decision within 
five (5) days from the date of its promulgation. 
 
SEC. 196. Finality of Decision.  - 
 (a) 
Without prejudice to the power of review by the Commission, and its powers to decide 
cases on appeal as provided for in this Code, the decisions of the heads of 
departments, agencies, and instrumentalities of the National Government and the 
disciplining authority of state universities and colleges, government-owned and -
controlled corporations with original charters or created under special laws, and local 
government units, shall be final and executory, if the penalty imposed is suspension of 
not more than thirty (30) working days or a fine of not more than thirty (30) working 
days' pay. 
 (b) 
Without prejudice to the power of review by the Commission and its powers to decide 
cases on appeal provided for in this Code, the decision of the head of the bureau or 
department-wide regional office shall be final and executory, if the penalty imposed is 
suspension of not more than thirty (30) working days or a fine of not more than thirty 
(30) working days' pay. 
(c) 
The decision in a disciplinary case becomes final upon expiration of the period within 
which to file a motion for reconsideration and no such motion is filed. 
 
SEC. 197. Execution of Decision.  - 


 
33
(a)  
The decisions of heads of agencies and other disciplining authorities shall be 
immediately executory upon receipt of a copy thereof by the parties concerned, even 
pending appeal. 
(b) 
Decisions of the disciplining authority in disciplinary cases shall be immediately 
executory unless a motion for reconsideration is seasonably filed, in which case the 
execution of the decisions shall be held in abeyance pending resolution of the motion. 
(c) 
The filing and pendency of a petition for certiorari with the Supreme Court   shall not 
stop the immediate execution of the decision of the Commission, unless the Court 
issues a restraining order or a writ of preliminary injunction.  For this purpose, no other 
Courts can issue a temporary restraining order or a writ of preliminary injunction against 
the Commission. 
 
Chapter 5 
Administrative Penalties 
 
SEC. 198. Penalties That May Be Imposed.  -  Heads of departments and agencies and other 
disciplining authorities may impose the penalty of reprimand or censure, fine in an amount not 
exceeding six (6) months' salary, suspension without pay for not more than one (1) year, demotion in 
rank or pay, or dismissal from the service.    
 
SEC. 199. Imposition of Penalties. - 
(a) 
In meting out punishment, the same penalties shall be imposed for similar offenses and 
only one (1) penalty shall be imposed in each case.  In the imposition of these penalties, 
the disciplining authority shall take into consideration the circumstances which may 
either exonerate the respondent from any liability, mitigate or aggravate the offense. 
 
(b) 
In the imposition of the proper penalties, the administrative offenses or causes for 
disciplinary action mentioned in this Code shall be categorized into light, less grave, 
and grave. 
 
(c) 
The Commission shall promulgate rules and regulations on the classification of 
administrative offenses into light, less grave and grave and shall prescribe the 
corresponding principal and accessory penalties, such as cancellation of eligibility, 
forfeiture of retirement benefits, disqualification for employment, reinstatement or re-
employment, disqualification for promotion and bar from any civil service examination. 
 
SEC. 200. Effect of Administrative Penalties.  -  The penalty of dismissal shall result in the separation 
of the respondent from the service.  Dismissal shall carry with it the cancellation of civil service 
eligibilities, forfeiture of retirement benefits, and disqualification from employment in the government 
whether appointive or elective and disqualification to run for any public office even if the case is pending 
on appeal. 
 
Although decisions imposing the penalty of dismissal are immediately executory, no permanent 
appointment pending appeal shall be issued to replace the dismissed employee.  In the interest of the 
service, however, designation may be resorted to until the case is resolved with finality. 
 
The penalties of demotion, suspension and fine shall disqualify the respondent from receiving 
certain benefits or from promotion for a period based on the gravity of the penalty imposed in 
accordance with the rules prescribed by the Commission.  
 
SEC. 201. Effect of Death on Pending Cases.  -  Pending disciplinary cases shall be deemed 
terminated upon the death of the respondent without prejudice to civil action that may be instituted by 
the government except when the proceedings have been concluded and the case is ready for decision, 
or when the administrative case involves misappropriation of public funds and property or other grave 
offenses.  The same shall be decided for the sole purpose of determining whether the heirs of the 
respondent are entitled to monetary benefits arising out of his employment. 
 
SEC. 202. Effect of Exoneration and Other Penalties.  -  Upon exoneration, the respondent shall be 
restored to his/her former position without loss of seniority and other rights or to a comparable or 
equivalent position in case of reorganization.  He/She shall also be entitled to payment of back salaries 
and other benefits for a period not exceeding five (5) years including the period of his/her preventive 
suspension. 


 
34
 
Chapter 6 
Administrative Remedies 
 
SEC. 203. Appeal.  -  An appeal may be filed with the proper authority within fifteen (15) days from 
receipt of the decision, together with a notice of appeal to the disciplining authority who rendered the 
decision.  It shall state the appellant's date of receipt of the decision and the date of the resolution on 
the motion for reconsideration, if any, together with the grounds for appeal and the arguments in support 
thereof. 
 
SEC. 204. Where to Appeal.  -  The appellant may appeal to the following: 
(a) In case of decisions rendered by heads of departments, agencies, state universities and 
colleges, provinces, cities and municipalities and  instrumentalities of the national 
government and the disciplining authority of government-owned or -controlled corporations 
with original charters, where the penalty imposed is suspension of more than thirty (30) 
working days or a fine equivalent to more than thirty (30) working days' salary, the appeal 
shall be brought before the Commission; and 
 
(b) In case of decisions of the head of bureaus or department-wide regional offices, the appeal 
shall initially be made to the department secretary and then to the Commission if the penalty 
imposed is suspension of more than thirty (30) working days or fine equivalent to more than 
thirty (30) working days' salary. 
 
SEC. 205. Motion for Reconsideration.  -  A motion for reconsideration may be filed during the period 
for filing an appeal on the following grounds:  
(a) Newly discovered evidence which could materially affect the decision rendered;  
(b) The decision is not supported by the evidence on record; or 
(c) Errors of law or irregularities have been committed prejudicial to the interest of either party. 
Only one (1) motion for reconsideration shall be entertained, which shall be resolved within 
thirty (30) days from receipt.  A motion for reconsideration shall suspend the running of the period of 
appeal. 
 
SEC. 206. Remand of Cases Due to Lack of Due Process.  -  If the case on appeal with the 
Commission is remanded to the proper disciplining authority for further investigation due to lack of due 
process, the said disciplining authority shall finish the investigation within three (3) calendar months 
from the date of receipt of the records from the Commission, unless the investigation is delayed due to 
the fault, negligence or petition of the respondent, or an extension is granted by the Commission in 
meritorious cases.   The period of delay shall not be included in the computation of the prescribed 
period. 
 
The disciplining authority shall render its decision within fifteen (15) days from the termination 
of the investigation.  If at the end of said period, the disciplining authority fails to decide the case, the 
Commission shall vacate and set aside the appealed decision and declare the respondent exonerated 
of the charge.  If the respondent is under preventive suspension, he/she shall be immediately reinstated 
and shall be entitled to back salaries and other benefits. 
 
SEC. 207. Petition for Review.  -  The Commission may review decisions rendered by its regional 
offices and other disciplining authorities dismissing a complaint for lack of a prima facie case, subject 
to rules and regulations the Commission may prescribe.   
 
SEC. 208. Penalties for Contempt.  -  In case of refusal or failure to comply with its decisions, orders, 
rulings or processes and proceedings, the Commission may impose a penalty of fine of not less than 
P1,000.00 per day until compliance, or suspension from office without pay for a period of not more than 
thirty (30) days, or both as the circumstances may warrant. 
 
SEC. 209. Removal of Administrative Penalties or Disabilities.  -  Upon recommendation of the 
Commission, the President may commute or remove administrative penalties or disabilities imposed 
upon public officers or employees in disciplinary cases, subject to such terms and conditions as he/she 
may impose in the interest of the service. 
  
Title II – Prohibitions 


 
35
 
Chapter 1 
Limitation on Appointments 
 
SEC. 210. Appointment of Elective Officers.  -  Except as provided for in the Constitution, no elective 
officer shall be eligible for appointment or designation in any capacity to any public office or position 
during his/her tenure. 
 
SEC. 211. Candidate Who Lost in an Election.  -  No candidate who lost in any election shall, within 
one (1) year after such election, be appointed in any capacity to any office in the government or any 
state university and college, government-owned and -controlled corporations with original charters or 
created under special laws, and local government units.   Neither can they be hired within the same 
period as consultants or under contracts of services/job orders in said entities. 
 
SEC. 212. Resignation Before Election.  -  A person who resigned from the service within three (3) 
months before any election and engaged in any political activity shall not be eligible for re-employment 
in the government during the six (6)-month period following such election. 
 
SEC. 213. Prohibition Against Holding Another Office or Employment. -  Unless otherwise allowed 
by law or by the primary functions of the position, no appointive officer shall hold any other office or 
employment in the government or any subdivision, agency or instrumentality thereof, state universities 
and colleges, government-owned and -controlled corporations with original charters or created under 
special laws, and local government units. 
 
SEC. 214. Prohibition During Election Period.  -  No appointment, whether original, transfer, 
reemployment, reappointment, renewal, promotion and demotion, regardless of status, except in the 
case of reinstatement, shall be issued ninety (90) days before any national or local election except 
barangay and sangguniang kabataan elections and until the assumption of the newly-elected or 
reelected appointing officer.  No consultancy, job order or contract of service shall also be entered into 
during the said period.  
 
However, in the exigency of the service and subject to the authority by the Commission, the 
appointing authority may issue appointments after the election and until the assumption of the newly 
elected or reelected appointing officer provided the following concur:  
(a) 
A vacancy occurred during the prohibited period; 
(b) 
There is need to  fill up the vacancy immediately in order not to prejudice public service 
and/or endanger public safety; 
(c) 
The appointee is qualified; 
(d) 
The appointment has gone through the usual requirements like publication, regular 
screening by the Personnel Selection Board and concurrence by the Sanggunian, as 
the case may be. 
 
All appointments issued before the prohibited period shall take effect immediately, 
notwithstanding any provisions in the appointment to the contrary and the appointee shall assume the 
position within thirty (30) days from issuance thereof.  Failure of the appointee to assume the position 
within said period shall make the appointment ineffective. 
  
SEC. 215. Prohibition Against Appointments by an Outgoing Appointing Authority.  -   No 
appointment in national agencies, state universities and colleges, government-owned and -controlled 
corporations with original charters or created under special laws, shall be made by any outgoing 
appointing authority within three (3) months before the end of  his/her term of office  or  retirement.  This 
prohibition shall also apply to outgoing appointing authorities who have previously manifested their 
intention to resign from office.  In which case, the prohibition shall commence from the date of formal 
manifestation to resign but shall not be more than three (3) months from the effective date of resignation.   
          
 
However, in the exigency of the service, interim appointments may be issued which shall not 
exceed three (3) months from the time the appointing authority ceases to hold office. 
This prohibition shall embrace all kinds of appointments whether original, transfer, 
reemployment, reappointment, renewal, casual, contractual promotion, or demotion, regardless of 
status.  
 


 
36
SEC. 216. Supervision by Non-career personnel.  -  Subject to the rules to be promulgated by the 
Commission, no consultant, contractual or non-career personnel shall be designated to any position 
exercising control and supervision over regular and career personnel in the government. 
 
SEC. 217. Contract of Service.  -  A person issued a contract of service shall not discharge duties 
pertaining to a career or non-career service position.  The agency may, however, enter into a contract 
of service to undertake a piece of work for the government for a specific period. 
 
SEC. 218. Ecclesiastic.  -  No priest, preacher, minister, or other religious teacher, or dignitary as such, 
shall be employed in the civil service system except when such priest, preacher, minister, or dignitary 
is assigned to the Armed Forces of the Philippines, the Philippine National Police or to any penal or 
correctional institution, or any government orphanage or leprosarium. 
 
SEC. 219. Nepotism.  -  The act of issuing an appointment in the national, or in any branch or 
instrumentality thereof, or in state universities and colleges, government-owned and -controlled 
corporations with original charters or created under special laws, or local government units to a person 
who is related within the third (3rd) civil degree of consanguinity or affinity to the appointing or 
recommending authority, the chief of bureau or office, or of the person exercising immediate supervision 
over him/her, is hereby prohibited. 
 
The following positions are exempt from the operation of the law and rules on nepotism: 
(a) 
Primarily confidential; 
(b) 
Highly technical 
(c) 
Policy-determining 
(d) 
Teacher  and professorial staff; 
 
The term ‘teacher’ shall refer only to those actually performing classroom instruction in both 
public elementary and secondary schools.  ‘Professorial staff’ shall denote members of the faculty of 
state universities or colleges primarily engaged in academic activities such as teaching in the tertiary 
level, research and curriculum development, among others.  The designation of professorial staff to 
non-professorial/non-academic positions shall not be covered by this exemption. 
 
The restrictions mentioned in this Section shall not be applicable to a member of any family, 
who, after appointment to any position in an office or bureau, contracts marriage with another employee 
in the same office or bureau, or those who were affected by reorganization in which event the 
employment or retention therein of both husband and wife may be allowed. 
 
The prohibition shall not also apply in case of promotion if the person to be promoted occupies 
a career and next-in-rank position, or to those devolved to local government units or who were affected 
by reorganization or to any member of a personnel selection board. 
 
Chapter 2   
Other Prohibitions 
 
SEC. 220. Political Activity.  -  Civil servants may become members of political parties, express their 
views on current political problems or issues, and support the candidates of their choice.  However, 
they may neither engage in any electioneering nor may they use official authority to influence or coerce 
the political activity of any person or organization. 
 
SEC. 221. Appointment of Military Personnel in the Civil Service System.  -  It shall be unlawful for 
any member of AFP in the active service to be appointed or designated in any capacity to any civilian 
position in the government, state universities and colleges, government-owned and -controlled 
corporations with original charters or created under special laws, and local government units. 
 
SEC. 222. Additional or Double Compensation.  -  No elective or appointive public officer or employee 
shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor 
accept any present, emolument, office, or title of any kind from any foreign government unless allowed 
by law. 
 
Pensions, gratuities or honoraria shall not be considered as additional, double or indirect 
compensation. 
 
SEC. 223. Detail or Reassignment.  -  Except when the exigencies of the service require, no public 
officer or employee of the government shall be detailed or reassigned three (3) months before any local 
or national election. 


 
37
 
SEC. 224. Courtesy Resignation.  -   It shall be unlawful for any public officer, elective or appointive, 
to require public officers and employees within his/her jurisdiction to submit courtesy resignations for 
whatever reason or purpose.   
 
SEC. 225. Appointment and/or Transfer of Officers and Employees of Oversight Agencies.  Unless 
allowed by the Commission in meritorious cases, heads of oversight agencies and their staff are 
prohibited from transferring or being appointed to any position in the department/agency/office/local 
government unit which his/her unit is assigned or designated to oversee within one (1) year after 
termination of such assignment or designation. 
 
BOOK VI.  MISCELLANEOUS PROVISIONS 
Title I - Termination of Employment 
Chapter 1 
Modes of Termination 
SEC. 226. Modes of Termination.  -  The following are modes of terminating employment in the 
government; 
(a) 
Resignation - A public officer or employee shall be considered separated from the 
service effective on the date of acceptance of the resignation by the officer authorized 
to do so. 
(b) 
Candidacy - An appointive public officer or employee shall be ipso facto separated from 
the service on the date of filing of the certificate of candidacy for an elective position. 
(c) 
Death - Upon proof of death, the public officer or employee shall automatically be 
recorded as separated from the service. 
(d) 
Permanent Disability - In case of permanent disability which shall render the public 
officer or employee incapable of performing the official duties, the department or 
agency head may terminate such public officer or employee. 
(e) 
Expiration of Period of Employment - The services of a public officer or employee 
appointed for a fixed period, or for a specific project or whose appointment is 
coterminous with the appointing officer shall be terminated upon the expiration of the 
period of employment, completion of the project, or at the end of the term of the 
appointing officer, unless otherwise earlier validly separated. 
(f) 
Dropped from the Service - A public officer or employee who goes on leave without 
proper authority or fails to return to duty after the expiration of the authorized leave, 
without valid reasons, and for other grounds under existing rules, shall be dropped from 
the service in accordance with the regulations promulgated by the Commission. 
(g) 
Conviction - The services of the public officer and employee shall be considered 
terminated upon conviction by final judgment of a crime where the penalty carries with 
it the accessory penalty of perpetual or temporary absolute or special disqualification 
to hold public office. 
(h) 
Retirement  - Any public officer or employee who reaches the compulsory retirement 
age and meets the service requirement shall be retired under the provisions of the 
Retirement Law, unless his/her services is extended by the Commission in accordance 
with its rules and regulations.  Optional retirement pursuant to law likewise terminates 
official relations. 
(i) 
Expiration of Temporary Appointment - The services of a public officer or employee 
with temporary appointment shall automatically be terminated upon the expiration of 
the appointment. 
(j) 
Disapproval of Appointment - The services of a public officer or employee is considered 
terminated upon the final disapproval of the appointment by the Commission. 
 
SEC. 227. Reduction in Force.  -  The head of a department or agency may reduce its staff due to lack 
of work or funds or due to a change in the scope or nature of an agency's program, or as a result of 
reorganization, subject to the rules and regulations which the Commission shall prescribe. 
 
 
Title II - Fees and Authority to Administer Oaths 
Chapter 1 
Fees 
SEC. 228. Authority to Collect Fees.  -  The Commission may collect and charge fees for civil service 
examinations, certification of civil service ratings, service records, appeals in disciplinary and non-


 
38
disciplinary cases, training courses, seminars and workshops in personnel management, and for 
services rendered on other civil service matters.  For this purpose, the Commission shall prescribe 
standard and reasonable rates for such examination, certifications, training courses, seminars and 
workshops and other activities or services, the fees for which are not provided by law or regulation.  No 
fees shall be collected in examinations given for the selection of scholars. 
 
Chapter 2 
Authority of Public Officers to Administer Oaths, Take Testimony, and Prosecute Cases in 
Court. 
SEC. 229. Who May Administer Oaths.  -  The Chairperson and Members of the Commission, public 
officers occupying third level positions and other public officers and employees of the Commission and 
other departments or agencies designated in writing by the Chairperson, may administer oaths as may 
be necessary in a transaction of an official business and take a testimony in connection with any 
authorized investigation. 
 
Title III - Fiscal Autonomy and Use of Appropriations and Income 
 
Chapter 1    
Fiscal Autonomy 
 
SEC. 230. Fiscal Autonomy.  -  The Commission shall enjoy fiscal autonomy.  It shall determine the 
amount of its annual budget requirements for its operating expenses, and capital outlays which shall be 
proposed to Congress in accordance with existing budget laws. Its approved annual appropriations 
shall be automatically and regularly released.   
 
The Commission shall have the flexibility to utilize its appropriations, and its income, for 
operating and capital expenses, acquisition, supplies, repairs and maintenance of office equipment and 
facilities subject to provisions of law. 
 
Chapter 2  
Authority to Use Appropriations and Income. 
 
SEC. 231. Authority to Use Appropriations and Income.  -  The Commission is hereby authorized to 
use such sums appropriated in the annual appropriations act, including all balances of existing 
certifications, to accounts payable of prior years which have not yet been reverted to unappropriated 
surplus, within a period of two (2) years, as are necessary to carry out the provisions of this Code.   The 
Commission is also authorized to augment any item in its appropriations from savings actually released 
for any official purpose at its discretion. 
 
The Commission is further authorized to directly use its income derived from fees, cost for 
services it may assess and levy, and such other proceeds generated in the performance of its functions 
for its operating expenses, for personnel and organizational development as well as acquisition, repair 
and maintenance of office equipment, facilities and supplies. 
 
Title IV   - Transitory Provisions 
Chapter 1 
Funding 
 
SEC. 232. Funding.  -  Funds needed to carry out the provisions of this Code shall be taken from funds 
available in the Commission or in the absence or insufficiency thereof, from any lump sum 
appropriations to be included in the annual General Appropriations Act.  The appropriation shall cover 
the operating expenses of the Commission including the salaries, allowances and other emoluments of 
all its public officers and employees in its central, regional and field offices and for its projects and 
activities, subject to the accounting of such expenditures. 
 
Chapter 2 
Final Provisions 
SEC. 233. 
Abolished Offices.  -  All Commission public officers and employees whose offices 
are abolished by virtue of the provisions of this Code shall be absorbed in the central, regional and field 
offices of the Commission with no diminution of status, rank and salary. 
 


 
39
SEC. 234. Liability of Appointing Authority.  -  No person employed in the civil service system in 
willful violation of this Code shall be entitled to receive pay from the government. The appointing 
authority responsible for such unlawful employment shall be personally liable for the pay that would 
have accrued had the employment been lawful. The disbursing public officers shall make payment to 
the employees of such amount from the salary of the public officers so liable. 
 
SEC. 235. Liability of Disbursing Public officers.  -  Except as may otherwise be provided by law, it 
shall be unlawful for a treasurer or other fiscal public officer or employee to deduct any amount for 
contributions or payment of obligations other than those due to the government or its instrumentalities. 
 
SEC. 236. Vested Rights.  -  Except as otherwise provided in this Code, rights vested or acquired under 
the provisions of the Civil Service Law, rules and regulations and any other Act prior to the effectivity of 
this Code shall be respected. 
 
SEC. 237. Criminal Liability.  -  Whoever makes any appointment or employs any person in willful 
violation of any provision of this Code or the rules and regulations issued thereunder; or whoever 
commits fraud, deceit or intentional misrepresentation of material facts concerning any civil service 
matter; or whoever violates, refuses or neglects to comply with any final decision or order of the 
Commission, shall, upon conviction, be punished by a fine not exceeding Ten Thousand Pesos 
(P10,000.00) or by imprisonment of not less than three (3) years nor more than five (5) years or both at 
the discretion of the court. 
 
The same penalty of fine or imprisonment or both as provided above and permanent 
disqualification from holding public office shall be imposed upon any appointing authority who willfully 
violates any of the provisions of this Code including failure to abide by the rules promulgated by the 
Commission or to implement a Commission reappointment order. 
 
SEC. 238. Authority to Issue Rules.  -  The Commission shall promulgate rules and regulations and 
set guidelines and standards to implement the provisions of this Code which shall become effective 
thirty (30) days after its publication in a national newspaper of general circulation. 
 
SEC. 239. Repealing Clause.  -  Republic Act No. 2260, Republic Act No. 6040, Presidential Decree 
No. 807, Presidential Decree No. 1, Presidential Decree No. 1409, Executive Order No. 135, series of 
1987, Executive Order No. 180  and Book V, Title  1, Subtitle A on the Civil Service Commission of 
Executive Order No. 292, series of 1987, and Section 2 of RA 6758 are hereby repealed.   Section 24 
of RA 6770, Sections 63, 77 and 79 of RA 7160, Section 1 of RA 8190 and Section 21 of RA 8551, are 
hereby amended or modified accordingly; and all laws, decrees, orders, circulars, rules and regulations 
or any part thereof which are contrary to or inconsistent with any provision of this Code are hereby 
repealed or modified accordingly.  
 
SEC. 240. Supplemental Applications. – The Rules of Court shall have supplemental application to 
this Code.  
 
SEC. 241. Separability.  -  If any provision of this Code or its application to any person or circumstances 
is declared invalid, such declaration shall not affect the other provisions of this Code. 
 
SEC. 242. Construction in Favor of Employees.  -  All doubts in the implementation and interpretation 
of the provisions of this Code including its implementing rules and regulations shall be resolved in favor 
of employees. 
 
SEC. 243. Effectivity.  -  This Code shall take effect thirty (30) days following its publication in the 
Official Gazette or in a national newspaper of general circulation in the Philippines.  
 
 
Approved,