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

SEVENTEENTH CONGRESS
Second Regular Session

7344

House Bill No.

Introduced by Representatives Ron P. Salo and Ciriaco S. Calalang

EXPLANATORY NOTE

Government has to be managed by the best workers who can deliver most
effectively the benefits of good governance that will better the lives of the governed.
These workers are individuals of sound mind, body and spirit, and who are imbued
with a remarkable degree of professionalism, integrity, and dedication

The concept of such a government remains an ideal that can, however, be
realized. And a crucial step to achieving this kind of government is to determine the
state of mental and psychological health of the people to which the privilege of
running and leading it has been or will be given.

Progress has been made on the various tools for the assessment and
validation of a person's mental and psychological health. And these same tools can
and should be applied to establish the psychological and psychiatric upkeep of those
who are, or who aspire to be, in government service.

It is standard practice for most, if not all, private companies and non-
government and international organizations to use pre-employment tests, such as
aptitude and psychological tests, to measure potential employees’ fitness and
suitability for work. These tests offer an objective measure of the applicants’
personalities, capabilities and competencies, as well as their character, and their
ability to perform and deliver under various circumstances. The end in view is to
establish the impact the applicants will have on the overall performance of the entire
organization.

This Bill proposes that candidates and applicants for certain government
positions shall undergo mandatory psychological and psychiatric tests to ensure their
fitness or suitability to the positions they are applying or 9 for. This will cover all
appointive or elective positions that require the ean of discretionary and
supervisory power and authority. Likewise, this Bill establishes a mechanism to
ensure the continued fitness or suitability of the officials or employees who are
already in government.

Our people deserve only the highest quality of service from our government
and its leaders and workers. Having only the most mentally and psychologically ve

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qualified individuals appointed or elected in government positions and offices of
higher power and authority is to ensure that the Filipino people shall enjoy this
highest quality of service.

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

noth hiro 0 S. CAI ING

KABAYAN Partylist KABAYAN Partylist

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

SEVENTEENTH CONGRESS
Second Regular Session

7344

House Bill No."

Introduced by Representatives Ron P. Salo and Ciriaco S. Calalang

AN ACT
ESTABLISHING MANDATORY PSYCHOLOGICAL AND PSYCHIATRIC TESTING
FOR OFFICIALS AND EMPLOYEES IN GOVERNMENT SERVICE AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Government
Service Mandatory Psychological and Psychiatric Testing Act.”

SEC. 2. Mandatory Psychological and Psychiatric Testing. - The fitness
and suitability of a candidate for the position shall be considered a qualification
requirement, and the candidate shall comply with the following specific rules
concerning mandatory psychological and psychiatric testing:

a. Subject to the provisions of Section 9 of this Act, all candidates for appointive
positions, who exercise discretion or supervisory powers and whose
qualifications are not specifically provided in the constitution, shall undergo
mandatory psychological and psychiatric testing.

b. Government employees who are applying for promotion to a position which
exercises discretion or supervisory power shall also undergo mandatory
psychological testing prior to being qualified for interview for the said position.

c. For the purpose of this Act, all appointive officials who are occupying Salary
Grade 22 or higher are deemed officials exercising discretion or supervisory
power, subject to specific guidelines to be issued by the appointing authority,
in coordination with the Civil Service Commission.

d. Except for those whose qualifications are explicitly provided for in the

Constitution, all candidates for elective positions shall likewise undergo
mandatory psychological and psychiatric testing. a

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e. For government officials whose qualification requirements are provided in the
Constitution, the Constitutional bodies in charge of their appointment are
encouraged to include in their rules the requirement for mandatory
psychological and psychiatric testing.

SEC. 3. Objectives. -The mandatory psychological and psychiatric testing
aims:

a)

To ensure the mental, psychological and psychiatric fitness and suitability of
the candidate to a government post, whether appointive or elective;

b)

To significantly lessen the time needed for the selection of the most qualified
candidates for appointive or elective positions;

°)

To ensure the continued fitness and suitability for the position of the officials in
government service; and

d)

To ensure the highest quality of service of government officials and
employees.

SEC. 4. Definition of Terms. —

a) Psychology refers to the scientific study of human behavior. It involves
the application of scientific methods to inquire into the biological,
cognitive, affective, developmental, personality, social, cultural and
individual difference dimensions of human behavior.

b)

Psychiatry refers to a branch of health science that deals with the study,
treatment, and prevention of mental, emotional, or behavioral
disorders.

°)

Psychosocial Problem refers to a condition that indicates the existence of
dysfunctions in a person's behavior, thoughts and feelings brought about by
sudden, extreme, prolonged or cumulative stressors in the physical or social
environment.

d)

Mental Disorder refers to a neurologic or psychiatric condition characterized
by the existence of a recognizable, clinically-significant disturbance in an
individual's cognition, emotional regulation, or behavior that reflects a genetic
or acquired dysfunction in the neurobiological, psychosocial, or developmental
processes underlying mental functioning. The determination of psychiatric and
neurologic disorders shall be based on scientifically accepted medical
nomenclature.

e) Psychological Testing refers to the administration of tests to assess an
individual's behavior, personality, cognitive abilities, and several other
domains.

f) Psychiatric Testing refers to the process of gathering information about a
person within a psychiatric service, with the purpose of making a diagnosis. mw)

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g) Mandatory Psychological and Psychiatric Testing refers to the examination by
which a candidate for appointive, elective, and certain government positions
must undergo in order to determine their fitness and suitability for the position.

SEC. 5. Mandatory Psychological and Psychiatric Testing for Appointive
Officials.— For appointive positions whose qualifications and bases for removal are
not specifically provided for in the Constitution, the candidate shall undergo
mandatory psychological and psychiatric testing prior to being qualified to be
interviewed for the said position. If the applicant or candidate is found to be unfit or
unsuitable to the position, the applicant or candidate shall be automatically
disqualified from being considered for the position.

SEC. 6. Mandatory Psychological and Psychiatric Testing for Elective
Officials. — For elective positions whose qualifications are not specifically provided
for in the Constitution, the candidate shall undergo mandatory psychological and
psychiatric. The result of his psychological and psychiatric testing shall be submitted
to the Commission on Elections (COMELEC), together with the candidate's
Certificate of Candidacy (COC). If the candidate is found to be unfit or unsuitable for
the post he is seeking election, the candidate shall be automatically disqualified to
Tun for the position.

SEC. 7. Existing Employees in Government Service. — Candidates for
promotion or to other positions covered by this Act shall undergo mandatory
psychological and psychiatric testing prior to being qualified and interviewed for the
said post. If the candidate is found to be unfit or unsuitable for the said post, the
candidate shall be automatically disqualified from being considered thereof.

Every official or employee in government service covered by this Act shall
undergo psychological or psychiatric testing every five (5) years from the employee's
appointment to ensure the employee's continued suitability and fitness to the
position.

Officials or employees whose appointment are for a fixed term and covered by
this Act shall also undergo mandatory psychological and psychiatric testing. In the
event that the term is less than five (5) years, the official or employee shall still
undergo mandatory psychological and psychiatric testing prior to being considered
for the position, or prior to reappointment.

SEC. 8. Role of Civil Service Commission. — The Civil Service Commission
(CSC), in coordination with the National Center for Mental Health and the National
Professional and Medical Associations for Psychology and Psychiatry, shall:

a) Formulate a standardized psychological and psychiatric testappropriate to the
post for both appointive and elective positionscovered by this Act in order to
determine the candidates’ fitness and suitability for the position; and

b) Conduct mandatory psychological and psychiatric testing for appointive and
elective officials and shall determine the candidates’ fitness and suitability for
the position.

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~~


The CSC may engage the services of private entities specializing in
psychological or psychiatric tests in formulating, as well as in administering or
interpreting, the standardized psychological or psychiatric tests. The CSC may
accredit private testing centers/institutions for this purpose.

SEC. 9. Employees Exempted from Mandatory Psychological and
Psychiatric Testing. — The following government employees shall be exempted
from taking the mandatory psychological and psychiatric testing:

a) Employees who do not exercise discretion or supervisory powers in their
functions;

b) Those whose qualifications and bases for removal from office are explicitly
provided in the 1987 Constitution;

°)

Casual employees;

d) Temporary employees;

e) Co-terminus employees; and

f) Employees in confidential positions.

However, co-terminus employees or employees in confidential positions who
exercise discretion or supervisory powers shall still undergo the mandatory
psychological and psychiatric testing.

Furthermore, in the event that the appointing authority or the immediate
superior observes that the candidate or employee in the civil service is exhibiting
psychological or psychiatric disorder, he may require the candidate or the employee
to undergo a psychological and psychiatric test even if he is not covered by this Act.

SEC. 10. Effect of Appointment or Election of Unfit or Unsuitable
Candidates. - Candidates who have been determined to be unfit or unsuitable for
the position cannot be appointed or elected to the post. Their appointment or election
in violation of this Act shall be considered void.

However, those who are already in the government service prior to this Act or
those who are previously fit or suitable to their positions but who subsequently
become unfit or unsuitable to their post because of psychological or psychiatric
factors, shall first be considered for other available comparable position where they
are fit or suitable. In case there is no other available position where they are fit or
suitable within a year from the time the subject employee was determined to be unfit
or unsuitable, the employee shall be removed from government service subject to
payment of applicable retirement or separation benefits.

SEC. 11. Confidentiality of Test Results. — The results of the test shall be
confidential but shall be immediately available to the appointing authority. However, -

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the results may be disclosed subject to the waiver of the examinee, or when
subpoenaed by the courts, or by other constitutional bodies.

SEC. 12. Non-confidentiality of Test Results for Elective Positions. —
Section 11 does not apply to candidates for elective positions because the
psychological and psychiatric test results of candidates for elective positions is a
basis for determining by the electorates of the candidates’ fitness or suitability for the
position.

SEC. 13. Prohibited Acts. — Specific provisions of Republic Act 10951, which
adjusted the fines and penalties imposed in the revised penal code, shall apply to
any person who:

a) Willfully publishes or discloses the test result of an examinee without the
waiver of the examinee; and

b) Being an employee of the Civil Service Commission, or of any government
agency, publishes or causes to publish, disclose, or transmits to anyone else
the test result of an examinee.

SEC. 14. Implementing Rules and Regulations. — Within ninety (90) days
from the effectivity of this Act, the CSC, in coordination with the Commission on
Elections, the National Center for Mental Health and the National Professional and
Medical Associations for Psychology and Psychiatry, shall promulgate the necessary
rules and regulations for the implementation of this Act.

SEC. 15. Appropriations. -The amount necessary for the initial
implementation of this Act shall be taken from the available funds of the Civil Service
Commission. For the succeeding fiscal years, the amount necessary for the
implementation of this Act shall be included in the annual General Appropriations
Act.

SEC. 16. Separability Clause. - If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall
continue to be in full force and effect.

SEC. 17. Repealing Clause. — All laws, executive orders, and administrative
orders or parts thereof inconsistent with any provision of this Act are hereby repealed
or amended accordingly.

SEC. 18. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its publication in the online version of the Official Gazette or in two (2) newspapers of
general circulation or with established internet website presence.

Approved.

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