Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
First Regular Session

6677

House Bill No.

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

A government is always the supreme employer in every country, engaging the
services of the hundreds of thousands of laborers in the rendition of the services that
the people need. Our government is no different. It is a government not only for the
people, but a government that is run by people. It is imperative hence to utilize
practices that would encourage or promote productivity in its labor force.

In our country, from the northern most island, up to the southernmost coast,
the number of government employees who have been working for scores of years
without their appointment being made permanent run by the hundreds if not
thousands. The time is now ripe for the government to reward its most loyal
employees by loosening the requirements for the permanency in service by granting
civil service eligibility to those have displayed utmost competency and efficiency in
the rendition of their service.

Itis also necessary for the government to provide a retirement package for its
people that is competitive and lucrative enough to encourage loyalty in the service to
the government. A lot of the professional and skilled employees of the government
often end up leaving the service for better opportunities elsewhere. By granting an
automatic promotion to qualified retiring employees, based on their performance
evaluation, the government would be encouraging both loyalty and productivity
among its workforce, which shall ultimately redound to the benefit of the people.

(on. Wes Gatchalian
Representative
1* District of VAenzuela City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
First Regular Session

House Bill No, 6677

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Introduced by Representative Wes Gatchalian

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AN ACT GRANTING CIVIL SERVICE ELIGIBILITY UNDER CERTAIN CONDITIONS
TO GOVERNMENT EMPLOYEES REACHING RETIREABLE AGE WHO WERE
APPOINTED UNDER PROVISIONAL OR TEMPORARY STATUS, AND PROVIDING
FOR AUTOMATIC PROMOTION OF RETIRING GOVERNMENT EMPLOYEES

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

Section 1, Statement of Policy. - This Act is adopted to enable the following State
policies:

a. Itis the policy of the State, as enshrined in our Fundament Law, to protect the
rights of the workers and to promote their welfare.

b. Itis the policy of the State to afford full Protection to labor, and to promote
full employment and equality of employment opportunities for all.

¢. Itisa policy of the State to ensure that workers not only in the private sector,
but especially those engaged in public service, are afforded their duc
opportunity to security of tenure, and as well to the other rights and benefits
that are attached to the office that they hold.

d. It is the policy of the State to encourage loyalty and productivity in its own
workforce by rewarding those who are competent, dedicated, and efficient in
the rendition of their service to the people.

Section 2. Grant of Civil Service eligibility - All government employees as of the
approval of this Act who are holding career civil service positions appointed under
provisional or temporary status who have rendered at least a total of ten (10) years
of service may be granted the civil service eligibility that will qualify them for
Permanent appointment to their present positions,

Section 3. Notice of availment - The availment of the civil service eligibility
Provided under Section 2 of this Act shall not be automatic, and shall be processed
by the head of the office to which an applicant belongs only upon the receipt of the
formal notice of availment by the applicant employee addressed to the head of his or


her office, and with proof of service of the notice to the Civil Service Commission.

Section 4. Qualification of the applicant for the civil service eligibility - The
following are required to qualify for the benefits provided under Section 2 of this
Act:

(a) Filing of the notice of availment;
(b) Service in the government for at least ten (10) years;

(6) At least fifty-five (55) years of age at the time of the filing of the
notice of availment;

(d) Must have taken the civil service exam at least once;
(¢) Must have no pending administrative or criminal charges; and

(8) Must have at least a Passing performance rating for the last two
(2) semesters prior to the filing of the notice of availment, which
shall be based on the Individual Performance Commitment and
Review (IPCR) of the applicant. In the absence of the IPCR, the
recommendation of the head of the unit to which the applicant
belongs shall suffice,

imposed against him or her shall be deducted from the computation of the period
required to avail of the civil service eligibility under this Act.

Section 6. Exclusions for the civil service eligibility grant - Employees holding
any of the following are not entitled to the grant of Civil Service eligibility provided
under this Act:

(a) Temporary appointments in the closed career service and highly
technical positions, such as those in the scientific career service
and faculty and academic staff of state universities and colleges,
and foreign service officers;

(b) Temporary appointments to positions requiring eligibilities
resulting from bar or board examinations;


(© Appointments of military personnel and members of the
Philippine National Police; and

(d) Such other similar appointments as may be determined by the
Civil Service Commission.

Section 7. Automatic promotion of the salary grade of a retiring government
employee — A government employee who will retire from service shall be deemed

shall refer to all the benefits due to the retiree coming from the government, or any
of its agencies, instrumentalities, or subdivisions.

Section 8. Inclusions for automatic promotion — The government employee
referred to under the next preceding section shall refer to all employees working in
the three (3) branches of the governments, constitutional commissions,
Sovernment-owned and controlled corporations, and in such other agencies,
instrumentalities, or subdivisions of government.

Section 9. Exclusions for automatic promotion - It is understood that the benefit
of automatic promotion under this Act shall not be applicable to those holding
elective positions.

Section 10. Qualification for the automatic promotion - The following are
required for an employee to qualify for the benefits provided under Section 8 et this
Act:

(a) Service in the government for at least five (5) years;
(b) Must have no pending administrative or criminal charges; and

(c) Must have at least a passing performance rating for the last three
(3) semesters prior to the date of retirement, which shall be based
on the Individual Performance Commitment and Review (IPCR) of
the applicant. In the absence of the IPCR, the recommendation of
the head of the unit to which the applicant belongs shall suffice.

Section 11. Computation of the period of service required for the automatic
Promotion ~ The five (5) year period of service required for the automatic
Promotion under this Act shall be computed by including the actual date of
retirement of the retiring employee, and excluding the first day in the public office of
the employee. The service rendered in another government office, which is different
from the office to which the employee belongs at the time of the retirement may be
included in the computation of the required period; provided that the period of
Service rendered in any elective position shall be excluded from the computation. It
is also understood that the interruptions in the service period of the employee
arising from any kind of administrative sanction imposed against him or her shall be
deducted from the computation of the period required for automatic promotion,


Section 12. Automatic review of qualified retirees- The heads of all government
agencies, departments, _instrumentalities, and subdivisions, exercising
administrative functions, shall continuously review the roaster of the employees
under their supervision who are already reaching the age of retirement, and shall
thereafter make the necessary certification as to the list of employees who are
qualified to avail of the automatic promotion under this Act. The same review shall
also be conducted upon the written request of a retiree.

Section 13. Imprescriptibility Clause - It is understood that the benefits provided
under this Act shall be imprescriptible unless otherwise this Act is revised or
revoked by a subsequent legislation.

Section 14. The Civil Service Commission shall promulgate the rules and
regulations to implement this Act consistent with the merit and fitness principle
within thirty (30) days after its effectivity.

Section 15. Repealing Clause. - All other laws, executive orders, presidential
decrees, rules and regulations inconsistent with any provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 16. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Approved,