Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

gy
IS
SIXTEENTH CONGRESS [S
First Regular Session

CEIVED
JUL 2013,

RE
La

H.B,No,__1499

Introduced by Congresswoman BELLAFLOR J. ANC ARA-CASTILLO-

EXPLANATORY NOTE
Former Senate President Senator Neptali A. Gonzales once : aid:

“Congress, particularly the Senate, has become a great an ' strong institution of
representative democracy. Because of the broad national mar date granted by the
Constitution to Congress, if becomes the task of the Secretariat both Houses to give .
their unqualified and professional support to senators and congre: »men.”

This bill secks to create and maintain a pool of strong, dec ‘cated and competent public
servants in the field of legislation to ensure that our elected Se ators and congressmen are
provided the much-needed administrative and technical support :o carry out their roles in a
representative democracy.

The establishment of a Legislative Career Service woul | allow the admission and
training of competent and qualified civil servants in Congress. There is no doubt that the
functions of Congress have gone beyond that of plenary wor. Committee hearings and
legislative inquires have to be conducted on various socio-econo:nic and political issues that
confront our nation, Legislative research, bill drafting and administrative management have to
be undertaken to complement the lawmaking duties of our egislators. The role of the
Secretariat as a support system in the Congress, therefore, beco'nes unique and specialized.
Thus, the qualification standards of legislative personnel are spi -ific and must conform not
only to the Civil Service rules but also to parliamentary rules precedents, practices, and
traditions.

This proposed measure likewise seeks the creation of a Leg. slative Career Service Board
to ensure the recruitment and training of a service-wide poc. of properly selected and
development-oriented legislative corps and devises a retirement scheme for all officers and
employees in the Legislative Career Service.

Now is the time to acknowledge, through this bill, the men nd women behind the work
of the senators and representatives of the people if only for heir un’ ring support and dedication
to this great political institution. I therefore seek the support of | is Body for the approval of
this measure.

wiblKlgpns ANGARA-CASTILLO-

Representative
Lone District, / wrora Province



SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Sessi

1499

H. B. No. __'

Introduced by Congresswoman BELLAFLOR J. ANGARA-CASTILLO

AN ACT
STRENGTHENING AND RATIONALIZING THE CAREER SERVICE
OF THE CONGRESS OF THE PHILIPPINES BY ESTABLISHING A LEGISLATIVE*
CAREER SERVICE, PROVIDING BENEFITS FOR ITS OFFICERS AND
EMPLOYEES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

Be it enncted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1, Legislative Career Service. ‘Uhere shall be established a Legislative Career

Service for Congress composed of the following:

(a) The Legislative Career Service Officers (LCSO) -to include the positions of the Deputy
Secretary of the Senate, Deputy Secretary General of the House of Representatives,
Deputy Secretary of the Commission on Appointments, and their equivalents,
Executive Director, Bureau Director, Assistant Bureau Director, Service Chief, down
to Director | Level, and equivalent levels which involve professional and technical

work in a supervisory capacity;

(b) The Legislative Career Service Employees (LCS€)

to include Legislative Staff Officer
positions which involve professional and technical work in a non-supervisory

capacity;

(c) The Legislative Sub-career Service (LSCS) - to incluc + Legislative Staff Assistant
Employee positions which involve clerical, trades, crafis and custodial services in a

non-supervisory capacity.

SEC. 2. Coverage. The Legislative Career Service (LCS) sitall include the officers and

employees of the Senate, the House of Representatives and the Commission on Appointments.


SEC. 3. Objective. It is the purpose of this measure to professionalize, upgrade and
strengthen the work force of the Legislative Department to ensure that Congress and its
Members shall be provided with qualified, efficient and effective legislative, administrative and
security support services. Towards this end, a continuing pool of competent and development
oriented legislative career service officers and employees shall be established and maintained. *

SEC. 4. Legislative Career Service Board. There shall be a Legislative Career Service
Board hereinafter referred to as the Board, fo be composed of the Secretary of the Senate and the
Secretary General of the House, as Co-Chairmen; one (1) Career Official to be designated by the
President of the Senate, one (1) Career Official to be designated by the Speaker of the House,
and the Chairman of the Civil Service Commission. The two (2) Career Officials for both Houses

shall serve for a term of three (3) years.
SEC. 5. Functions of the Board. The Board shall:

(a) Determine and evaluate the qualification of the applicants for LCSO positions;

(b) Prepare the examination questions for LCSO positions and conduct the examination,
correct and rate examination papers in coordination with the Civil Service
Commission and submit the results to the President of the Senate and Speaker of the
House;

(©) Conduct an annual review of the qualifications of LCSO and recommend deserving
officers for appointment to the rank of LCSO;

(d) Establish and conduct a performance evaluation system for LCSOs;

(e) Keep a roster of those who have passed the LCSO examinations; and

(f) Perform such other functions as may be assigned by the President of the Senate or

the Speaker of the House pursuant to its mandate.

SEC. 6. Legislative Career Service Officers (LCSO) Eligibility. LCSO eligibility shall be
conferred by the Board to any person who meets such managerial and legislative experience
and competence, leadership qualities and other relevant quelifications, and passes the
examination prescribed by the Board.

‘The examination shall consist of two stages: (a) Legislative/management aptitude testy
and (b) Assessment of managerial capability and competence. Those who pass the managerial
assessment will be subject to a validation process involving their superiors in order to ascertain
their on-the-job performance.

Successful completion of the managerial assessment ard favorable results of the
validation process and a final interview by the Board shall qualify the candidate for the grant of
LCSO eligibility.

Any incumbent officer or employee who is a Career Exe/utive Service (CES) eligible
prior to the effectivity of this Act shall automatically be conferred 1 CSO eligibility.

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SEC. 7. Qualification Requirements, An applicant for LCSO eligibility must possess the
following qualifications:

(a) A Bachelor's degree;

(b) Not be over fifty-five (65) years of age;

(c) Must be a citizen of the Philippines; and

(d) Must not have been convicted by a court of competent jurisdiction of a

crime involving moral aptitude.

SEC. 8. Appointments, Appointments to appropriate positions in the Legislative Career
Service shall be made by the President of the Senate, the Speaker of the House of
Representatives or the Chairman of the Commission on Appointments, as the case may be.

No person shall be eligible for appointment to any position in the Legislative Careet
Service unless he/she meets the qualification standards approved by the Legislative Career
Service Board (LCSB) which shall at least be at par with the standards set by the Civil Service

Commission.

SEC. 9. Incumbents. Upon approval of this Act, an incumbent, or an employee officially

discharging the duties, of a regular career position herein classified as an LCSO position shalll be

accorded LCSO eligibility and shall enjoy security of tenure.

SEC. 10. Retirement Benefits. Retirement shall be compulsory for an officer or employee
in the Legislative Career Service upon reaching the age of sixty-five (65) years: Provided, That
he/she has rendered at least fifteen (15) years of service in the government, three (3) years of
which have been continuously rendered in the Legislative Department. If he/she has rendered
less than fifteen (15) years of service, he/she shall be allowed to continue in Service up to a
maximum of one (1) year, subject to Civil Service rules and regulations.

Upon compulsory retirement, an officer or employee shall be entitled to a monthly
pension for the duration of his/her natural life equivalent to the salary of the incumbent of the
position he was retired from and a lump sum gratuity of five (5) years or sixty (60) months
multiplied by two (2) months salary plus the highest monthly aggregate of transportation,
living and representation allowances received at the time of retirement.

‘An officer or employee who has reached the age of sixty (69) years with at least Fifteen
(15) years of service in government, the last three (3) years of which have been continuously
rendered in the Legislative Department, may opt to retire unde» the compulsory retirement
plan: Provided, That he/she shall be entitled to a monthly pension only upon the lapse of five
(8) years from retirement.

Likewise an incumbent who has availed of any prior optional retirement plan and has

an accumulated thirty (30) years of service in government, three (3) years of which have been,


continuously rendered in the Legislative Department, shall be given full credit for services
rendered by him/her prior to his/her reinstatement and shall receive the full benefits granted
under this Act if he/she retires under the compulsory retirement plan: Provided, That he/she
refunds all pensions and retirement benefits previously received.

All pension benefits of retired officers and employees of the Legislative Department
shall be automatically increased whenever there is an increase in the salary of the same position
from which he/she retired.

Except for the retirement benefits granted herein, officials and employees of the
Legislative Career Service shall remain covered by the compulsory life insurance program of
the Government Service Insurance System (GSIS), and shall therefore be entitled to and may
avail of GSIS benefits: Provided, That the corresponding personal and employer share for the
life insurance coverage is paid and remitted.

SEC. 11, Survivovship Benefits, Upon the death of an officer or employee who has been
retired, his/ her surviving spouse and surviving legitimate minor children shall receive in equal
shares seventy percent (70%) of the monthly retirement pay which he/she has been receiving at
the time of his/her death Provided, That no payment under this Section shall be made fo the

surviving spouse who remarries.

SEC. 12. Optional Retirement. An officer or employee, who has rendered an
accumulated twenty (20) years of government service, the last three (3) years of which have
been continuously rendered in the Legislative Department, may choose to retire from the
service under the optional retirement plan subject to the approval of the President of the Senate
or the Speaker of the House of Representatives, as the case may be.

Incumbents who have rendered at least ten (10) years of continuous service in Congress
at the time of the adoption of this Act may likewise avail of the optional retirement. He/she
shall be entitled to receive a lump sum gratuity equivalent to two (2) months salary for every
year of service plus highest monthly aggregate of transportation, living and representation
allowances as of the date of his/her retirement.

A retiree under this Section shall not be eligible for appointment to or employment in
Congress whether on a permanent, temporary, casual or emergency status within a period of
three (3) years after retirement. An officer or employee who has becn separated from the service
shall be given full credit for services rendered by him prior to his reinstatement for purposes of
determining his/ her retirement or separation benefits under this Ad: Provided, That he/she
refunds all pensions and retirement benefits previously received.

An officer or employee who shall retire under the compulsory or optional retirement
plan shall be entitled to a refund of GSIS personal contributions and the corresponding share of

the government with interest earned. Likewise, all retiring officers and employees shall be


entitled to the commutation of unused vacation and sick leave in accordance with existing rules

and regulations.

SEC. 13. Separation Benefits. When an officer or employee is permanently incapacitated
to discharge the duties of his/her office, or dies while in the service or is otherwise separated
from the service for reasons beyond his/her control and who is not qualified far retirement
under Section 10 hereof, he/she or his/her heirs shall be paid a lump sum equivalent to two (2)
months salary for every year of service, computed on the basis of the last monthly salary plus
the highest monthly aggregate of transportation, living and representation allowances which he
was receiving on the date of his incapacity, death or separation from the service. The Secretary
of the Senate shall properly certify this, the Secretary General of the House of Representatives or
the Secretary of the Commission on Appointments, as the case may be.

SEC. 14, Suspension/Deprivation of Benefits. Benefits due under this Act to any officer
or employee shall be withheld if the officer or employee has unliquidated accounts or any
pending administrative, criminal or civil case connected with his or her position. If the officer or
employee is found guilty, all benefits shall be forfeited; otherwise, the benefit shall be paid in
full plus interest as soon as the officer or employee is cleared of all charges.

SEC. 15. Retirement Benefits of the Secretary of the Senate, the Secretary General of the
House of Representatives, the Sergeant-at-Arms of both Houses, The Secretary and the
Sergeant-at-Arms of the Commission on Appointments, and Co-Terminus Employees. The
Secretary of the Senate, the Secretary General of the House of Representatives, the Sergeant-at-
Arms of both Houses, the Secretary and the Sergeant-at-Arms of the Commission on
Appointments, and co-terminus staff of the Members of Congress and of the Commission on
Appointments, with at least fifteen (15) years of service in the government, the last three (3)
years of which have been continuously rendered in the Senate, the House of Representatives or
the Commission on Appointments, may avail of the retirement and separation benefits subject

to the conditions provided under Sections 10, 11,12, and 13 hereof.

SEC. 16. Enforcement of Retirement Benefits. The Senate of the Philippines, the House of
Representatives and the Commission on Appointments, or their successors shall take charge of
the enforcement and operation of retirement benefits under this Act and no officer or employee
of Congress shall be entitled to receive any gratuity or pension herein provided for unless from
the month following the approval of this Act, in case of an actual incumbent, or from the montit
following his/her appointment and qualification as such, in case of a future appointment,
he/she shall have contributed to the retirement funds, by paying a monthly contribution
equivalent to ten percent (10%) of his/her basic monthly salary. three percent (3%) shall be
allotted for insurance premium and seven percent (7%) for retirement, with employer

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counterpart of twelve percent (12%). The retirement fund shall be held in trust by the
Government Service Insurance System which fund shall be made available for the payment of
the benefits under this Act. In case of deficiency in the fund, the deficiency shall be paid out of
the appropriation of either the Senate of the Philippines, the House of Representatives and the

‘Commission on Appointments, or their successors.

The President of the Senate and/or Speaker of the House of Representatives may avail
‘of management and technical assistance of the GSIS or enter into an agreement concerning the
administration and operation of the retirement funds of their respective Houses. They may
jointly or separately, authorize the GSIS or any other government financing institution to invest
the investible amounts of the said retirement funds in accordance with existing laws and sound

and prudent investment policies and practices.

SEC. 17. Implementing Rules and Regulations. Upon the recommendation of the
Secretary of the Senate and the Secretary General of the House of Representatives, the President
of the Senate and the Speaker of the House of Representatives, shall jointly promulgate such

rules and regulations for the proper implementation of this Act.

SEC. 18. Appropriations. The amount needed to carry out the initial implementation of
this Act shall be charged against the current year's Appropriations for the Organizations
Adjustment Fund and Miscellaneous Benefits Fund, Thereafter, such sums as may be necessary

for its continued implementation shall be included in the annual General Appropriations Act.

SEC. 19, Separability Clause. -Any portion or provision of this Act that may be declared
unconstitutional shall not have the effect of nullifying other portions or provisions thereof as

long as such remaining portions can still subsist and be given effect in their entirety.

SEC. 20. Repealing Clause. -All laws, orders, decrees, rules and regulations, and othet

issuances, or parts 'thereof, inconsistent herewith, are hereby repealed or modified accordingly.

SEC. 21. Effectivity. -This Act shall take effect after fifteen (15) days following its

publication in two (2) national newspapers of general circulation.

Approved,