13* Congress of the Republic 
) 
of the Philippines 
) 
First Regular Session 
1 
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 senrice traces its history to the ancient Middle €?,as- 
River 
civilizations and to China which established an effective and centrdized civil 
service, The Chinese civil service system gave the Chhese Empire stability for 
over 2,OOO years. It has served as a model for the civil service system in many 
comtries, 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. 
s~l611y, the pieces of i'gisMion 
governing the Philippine civil Service 
remain scattered in different laws, decrees, md letters of instructions and executive 
orders. The absence of a comprehensive civil service law has sometimes caused 
confusion mong civil servants, to say the least. Mmy laws overlap and some 
have become obsolete. 
There is rn urgent need to update m d  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 comption, red-tape, 
violations of govement employee rights and the merit system, mong other 
things. 
The immediate passage of this bill is earnestly requested. 
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13th Congress of the Republic 
, ) 
of the Philippines 
) 
First Regular Session 
1 
S E N A T E  
S. B. NO. 
W 
Introduced by Aquilino Q. Pimentel, Jr. 
AN ACT 
ESTABLISHING A CIVIL SERVICE CODE OF THE PHILIPPINES 
AND FOR OTHER PURPOSES 
Be it enacted bv the Senate and House of Representatives of the Republic ofthe 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; 


'IT 
07: 
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cliar tcrs or created under special laws, local governmcnt units, am1 state 
universities and colleges. 
Civil service eligible refers to a person who passed a civil service 
cxainiiiatioii or is grnnlecl civil service eligibility by law or by tlie Civil 
Scrv ice Conuiiission. 
Cizd service sys~cirr refers to the policies, regulations, procedures, 
practices and ethics that govern the inanner in which laws are executed 
and impleineiited, public affairs are managed aid public services are 
delivered in all branches, agencies, subdivisions and instruinentalities of 
governinunt, guveri;mciit-uwned and -controlled cdrporations with 
original c l w  ters or created uiider special laws, local goveriiment units, 
state universities and colleges. 
Clnss refers to all positions in the civiI service system that are sufficiently 
similar as to duties and responsibilities and require similar qualifica tioiis 
that can be given the sanie title and salary and for all administrative and 
compeiisation purposes, be treated alike. 
Coriiiiiissioir refers to tlie Civil Service Coilmission. 
Corimissioizer refers to either of the two (2) other members of the 
Coiniiiissi on. 
Coiisdfrziif refers to tlie person engaged under a coizsultancy contract by 
reason of expertise not readily available from career personnel, to 
perform 1.iighly specialized functions for a short duration, with a definite 
ou tpu t, having no eniployer-eiiiployee relation with the contracting 
agency. 
DeprhiieiiL refers to any of the departiiients in the Executive branch, 
Congress, tlie Judiciary and any of the constitutional commissions. 
Discipliiziirg rrzifliol-ity refers to the person or body autlzorked 
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to suspend, 
dismiss or discipline public officers and employees in the-civil service 
system. 
Eligibilily refers to the qualification acquired by an individual after 
passing a civil service examination or granted by law or by tlie 
coinmission, for entrance into aid promotion in tlie career service. 
Eiiiyloyee refers to any person employed in the civil service system of 
whatever category or class up to division chief level. 
Eiiiyloyee oryziiiznfioiz refers to any einployee organization, union, 
association, federation, confederation, society or alliance duly registered 
in accordance with the provisions of this Code. 
Ewziiiii.uzfioii refers to the test conducted by the Commission or any 
agency authorized by law for tlie purpose of determining merit and 
fitness for appointment in the civil service system. 


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Gritwr1icc refers to an cmyloycc's complaint regarding working 
conditions, working rcla tionsl-lips or employinent status. 
Griczwrrce y/-oocdiwe refers to the inechanisins of resolving employee 
grievances and complaints. 
I-iigldy fccliril'cd posilioii refcxs to a position which requires tlie occupant 
to possess skill or training in a supreme or superior degree, like that of a 
scientist. 
]ob order refers to a contract of service of individuals or groups paid 
yiicler a lump sum appropriation for a short duration having no 
eiiiyluycr-emyloyee relatioil with the government. 
Merit sys fcui refers to an organized inechanism by which the selection, 
utilization, compensation, training, retention and discipline of employees 
in the service are govdrned by comparative merit and achievement. 
Permiriel izcfiorr refers to any movement of personnel in the civil service 
sjrs tein. 
PoiicY-cieici.riziiiii~g positioii refers to a position which vests iii the occupant 
the power to formulate policies for tlie goveriunent or any of its agencies, 
subdivisions, or instrumentalities, like that of a inember of the cabinet-. 
Positiori refers to a job title with a deiined set o€ duties and 
responsibilities to be performed by an iiidividual either on full-time or 
par t-lime basis. 
Priiiirzrily coizfideiifinl posifiorr refers to a position where the occupant 
enjoys inore tlian the ordinary confidence of the appointing power but 
bears sucli close intimacy which relieves the latter from misgivings of 
betrayal of personal trust on confidential matters, like that of a private 
secretary. 
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Pziblic uficers as dis tinguislied froin employees, refer to those whose 
func tioiis are inanagerial or executive in nature and above"& division 
chief level invested by law with a portion of the sovereignty of the state. 
Qurzl$crrtio/i st~zizdards refer to the ininimum requirements for a class of 
posi tion exprcssed in terms of education, training, experience, civil 
service eligibility, physical Iitness and other yualitiesxequired by the job. 
Rdc-izrid-flle refers to employees occupying positions in the first and 
second levels. 
Reorganiznfioii refers to the process of restructuring an agency's 
organizational and functional set-up with the view of making it inore 
econoinical, effective, efficient and responsive to the needs of the public. 
solo pzrcrzt refers to any individual wlio falls under any of the categbries 
as enumerated in R.A. 8972, otherwise known as tlie Solo Parents 
Welfare Act of 2000. 


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(ii) 
Slrilic, for purposes of this code, refers to a concerted action of an 
accredited employee organization wliicli will result in teiiiyorary work 
stoppage without total disruption of public service. 
Chapter 3. Rights and Obligatioiis of Public Officers,and Employees in the Civil 
Service System 
SEC. 4. 
I<ig:ylits. - Public officers and eiiiyloyees iii 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, 
confccleralioix or sock ties for purposes not contrary to law; 
(e) 
For raid<-ancl-file employees of accredited organizations to collectively 
negotia Le for terms and conditions of einployiiient in accordance with 
cxisting laws and tlie riglit to engage in a strike in accordance with the 
provisions of this code; ancl 
(f) 
Enjoy such other rights provided by law. 
SEC. 5. 
systein shall: 
Obligntioirs. - Public officers and employees in the civil service 
Uyliold alii1 defend the Coiistitutioii aiid laws of tlie Republic of the 
Phi 1 i p p i nes; 
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Take and subscribe to an oath before assuinption of office; 
Ee accountable at all times to the people, and serve them with utmost 
responsibility, integrity, loyalty and efficiency, act with pa triotisin and 
justice and lead modest lives; 
Discharge their duties faithfully ancl maintain the required level of 
productivity of tlieir positions for the benefit of the public; 
Subiiiit uyoii assuinption to duty a i d  as often as may be prescribed by 
law, a sworn statement of assets, liabilities ancl net worth and disclosure 
of business in teres ts and fiiiancial transactions; 
Identify and disclose, to the best of tlieir knowledge, their relatives in 
goveri-unciit, in the inaiiiier and frequency as may be prescribed by law, 
rules and regulations; and 


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Title 11 - Scope of the Civil Service System 
Chapter 1. Positioiis in the Civil Service System 
Sac. 6. 
Coverap. - The civil service system embraces all branches, 
agencies, subdivisions and instruinentalities of government, state universities and 
colleges, ~overnmci~t-ownecl 
and -controlled corporations with original charters or 
created under special laws, and local govcrninent units. 
SEC, 7. 
RiIiiriiiislrLztiori of llie Civil Service Sysl-em - As the central 
personnel agency of the government, the Commission, shall establish a career service, 
administer the civil service system, adop t measures to promote morale, efficiency, 
competency, integri ty, honesty, responsiveness, progressiveness, courtesy a i d  gender 
sensitivity, strengthen the merit aiid rewards system, integrate all human resource 
developnwnt programs for .all levels and ranks therein and institutionalize a 
management climate that promotes good working conditions and public 
accountability. 
SEC. 8. 
Ccr~cgorics of Posihhzs. - Positions in the civil service system 
sliall be categorized as career and non-career. 
SEC. 9. 
The Career Service. - Tlie career service sliall be characterized by 
(a) entrance based on merit and fitness to be deterinined, as far as practicable, by 
competilive examinations or on highly technical qualifications; (b) opportunity for 
advanceinent to higher career positions; and (c) security of tenure which is also based 
on perlorrl1al1ce, mechanics of which shall be forniulated by the Coininisdsioii. 
.*c+ A 
SEC. 10. 
Posilioirs IircZzirIerI iri 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 inodes in accordance with law; 
(b) 
Closed career positions - positions that are scientific or Iiighly technical 
in iiature, which 
maintain their own merit systems, such as the 
following: 
(I) 
Faculty ai-td academic staff of state universities and colleges or 
scientific and technical positions in scientific or research 
institutions; 
(2) 
Career Executive Service; 
Pnge G 


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(3) 
Carccr ol'l'iccrs, otlw than tlivsc in lhc carecr cxetutivc service, 
who are appointed by the President, such as the foreign service 
officers iii the Department of Foreign Affairs, the judges and 
justices in the Judiciary and the prosecutors in the prosecu tion 
services; 
(4) 
Uiiiiorined and corjiiiiissioiied persolinel of the Philipyiiw 
Na tioiial Police; 
(c) 
Permanent laborer, whether skilled, semi-skilled, or unsl<illed. 
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SEC. 11. 
Clnsses of Posifioizs in flie Crzreer Service. - Positions in the 
career service shall be grouped as foollows: 
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(a) 
First Level - includes clerical, trades, crafts aid custodial positions 
whe tlier in a noli-supervisory or supervisory capacity; 
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(b) 
Second Level - includes professional, highly technical, scientific or other 
highly specialized positions in a supervisory or non-supervisory capacity 
rcquiihig at least a baccalaureate degree or its equivalent as cieterinincct 
by the Coinmission; and 
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(c) 
'1Iii1d Lcvcl - iiduclcs tlic Iiigliest-level positions in the career service as 
cicteriiiiiicrl in tlic Position Classification and Compensation System. 
Except as ohrwisc provided in this Coclc, entrance to the first two levels shall 
be througli compctitivc or special examinations to be given by the Comiiiission. 
Entrancc to the third level sliall be based on qualification requirements prescribed by 
the Comi-iiission througli the CESD. Entrance to a higher level does not require 
previous clualilicatioii in tlic lower level. 
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SEC. 12. 
The Noli-Career. Service. - 
The non-career service shall be 
cliaracterizeci by merit and fitness to be deterinined by (a) modes, 
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, ,&:, otl-ler,tl:ian 
1. 
those of 
the usual tests utilized lor the career service; (b) tenure whiclt i ~ '  
fimiteG_t,o a .period 
specified by law; (c) tenure which is coteminous with that of the 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 inack; and (d) the primarily confidential nature 
of the position. 
SEC. 13. 
Positiorrs lizclu~~eil 
iiz t-lie Noli-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 a i d  their personal a i d  
priinarily confidential staff; 
(c) 
Chairpersons and members of constitutional coininissioiis and other 
commissions, boards and other bodies with fixed ternis of office and 
their personal and primarily confidential staff; 


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Noli-career unckrsecretaries and non-career assis tan t ~ secretaries and 
their pcrsoiial and primarily confidential staff; 
Coritractual personnel or those whose eiiiploymen t is in accordance with 
a special contract for a inaxiiiiuin period of one year to undertake a 
speciIic work or job wliicli requires special knowledge and/ or teclinical 
sltills not available in the employing agency; 
'Thosc wliose positions inay bc declared as personal and primarily 
conEidentia1 by tlie Conunission; and 
Eiiiergwcy, casual and. seasonal personnel. 
Title I11 - The Civil Service Coiiiiiiissioii 
Chapter 1. Composition, Duties and Functions 
SEC. 14. 
Coiiiyositioii. 
- 
The Coinmission shall be coinposed of a 
Chairperson and two (2) Conunissioners. 
Ses. 15. 
Qualificrrtioirs of the Chairpersort aitil Coniniissioirers, - The 
Chairperson and Coinmissioners shall be na tural-born citizens of the Philippiiws, and 
at the time of their appointment are at least thirty-five (35) years of age with proven 
capacity for public adininistration a i d  must not have been candidates for any elective 
position in tlie eleciions imincdia tely preceding their appointment. 
As far as practicable, m e  of tlieiii must be a lawyer and the composition of the 
Coimnission must be gender balanced. 
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SEC. 1G. 
Tciwzs of 0 ffice. - The Clmirperson and Coi&%isioiiers sliall be 
appointed 'by the President subject to confirmation by the Commission on 
Apyointnients for a term of seven (7) years without reappointment. In no case shall 
any inember be appointed or designated in a temporary or acting capacity. 
Appointment to Ciny vacancy shall be only for the unexpired term of the predecessor. 
SIX. 17. 
Coiiiycirsatioir. 
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The salaries of the Chairperson and the 
Cornmissioners s h d  be fixed by law a i d  shall not be decreased during their tenure. 
SEC. 18. 
Prolribiliun. - No Membcr of the Coinmission shall, during their 
tenure, hold any other office or einploynient except when expressly provided by law. 
Neither shall Iie/she engage in the practice of any profession or in the active 
inanagenient or control of aiiy 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 
aiiy contract with, or in any franchise or privilege granted by tlie government, any of 
its subdivisions, agencies, or ins truinentali ties, including government-owned or 
coli trolled corporations. 
lJ(7ge 8 


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SEC. 19. 
1)0zi?crs ~ i i i d  Fiiirc~iuiis uf the Coirrinissioiz. - The Coiiiiiiission 
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substantive rights; 
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Proiiiulgate pol!cies, standards and guidelines for tlie civil service 
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systeiii and adopt plans and programs to promote ethical, efficient and 
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effec tive persolinel administration in the government including 
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innovative sys tems and iiieclianisms to ensure feedback from the public; 
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(e) 
Foriiiula le policies a i d  regulations for the adininis tra tion, maintenance 
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and impleinenta tion of Position Classification and Compensation 
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system; 
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(g) 
Discipline CES members for cause after due process; 
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(11) 
Control, supervise and coordinate civil service examiiiatiarw. 
a,?.., 
X” 
Any entity 
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or public officer in govcriiiiient may be called upon ‘by the Coiiimission 
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to assist in the preparation arid conduct of the said examinations. Such 
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assistaiice includes, but is not limited to, tlie provision of personnel and 
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securi ty, tlie use of buildings and facilities, as well as the transporta tion 
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of exaiiiina tion materials; 
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sllall liavc the following powc.rs and functions: 
... 
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(a) 
Administer ancl enforce the constitutional and statutory provisions arid 
such other mandatory provisions of law on tlie merit system for all levels 
and ranks in the civil service system; 
Prescribe, eizforce ancl amend rules and regulations for carrying into 
effect the provisions of this Code and other pertinent Iaws which shall 
become effective thirty (30) days from the date of publication in the 
Official Gazette or in a national newspaper of general circulation; 
Promulgate its own tules concerning pleadings and practice before it or 
any of its offices, which shall not diminisli, increase or invclify 
(b) 
(c) 
(ti) 
(f) 
Render ckcisions, orders, opinions or rulings on civil service matters 
which shall be binding on heads of departments and agencies and 
iiiiinediately executory and notwitlistanding any law to [lie contrary, 
may be brought only to the Supreme Court on cer-liortzri; 
(i) 
Grant civil service eligibility to qualified applicants based on civil service 
exaniina tion rcsul ts, performance, training, education, qualifica tioiis and 
other similar stanch&, subject to the guidelines it may prescribe; 
(j) 
. Prescribe all forms for civil service exainina tions, appointments, reports 
and such other forms as may be required by law and the rules and 
regula tioiis of the Commission; 
Declare, when appropriate, positions in the civil service systeiii as 
primarily coixfidential, highly tecluiical or policy-de termining; 
Formulate, administer and evaluate programs relative to the recruitiiient 
(k) 
(1) 
alici selection, clevelopment and re tention of a qualified alicl cuinpctent 


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work forcc: in tlw public service, iixlucling achinistration, clevclop~ncnt 
and evalua tion of training, scholarship and re tireinelit programs; 
Iiesolvc administrative cases and other civil service matters brought 
before it directly or on appeal, including disciplinary ina t ters, contested 
appointments or personnel actions. The decisions, orders or ruling of the 
Coininission may be brought by tlie aggrieved party to the Supreme 
Court only on cerfiuinri; 
Issue subpoena m1 leslificriizdiiiiz (process directing the attendance of 
witness) and/or subpoena duces feciriiz (process directing the production 
of documciitary evidqnce); 
Deputize public officers and einployees of the Coinmission and of other 
departments and agencies to investigate and hear cases 'and to submit 
their findings and recoinmeiidatioi~s to the Commission; 
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 coriiyly with the clecisions, orders, ruIings or processes and 
proceedings of the Coiiiinission; 
Delcgate any power or function of the Conmission to its regional or field 
offices; 
Review clecisioiis and actions of its offices; 
Enforce and execute its decisions, orders and rulings, and for this 
purpose, deputize any nal-ional or local law-eilforceinent agency or 
instruinentality of tlie government which shall act under the direct and 
imiiiediate supervision of the Coininission; 
Act on all appointinents and other personnel matters in the civil service 
system; 
Inspect and audit the personnel actions , and progrmis ,of the 
deyar tinelits, 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; 
. .h'. .....(.. I' " 
, * . , . . ' A  
i 
Prescribe rules and policies on employee organizations and regulate 
emyloyee-manageiiient relations including the settlement of disputes; 
Prescribe and enforce rules and regulations to promote and ensure safe, 
Iieal thy and proper worlting concli tions for einployees; 
(x) 
Formulate and adiiiinistcr programs that will foster an honest, graft-free 
public service; 
(y) 
Reorganize or effect changes in its organization, within the limits of its 
appropria tioiis, including the creation, merger or consolidation, spli tting 
or division and abolition of offices and positions; and 


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(z) 
I'kxcisc all powers and ycrforiii the functions properly belonging to a 
central personnel agency. 
Sac. 20. 
Dir Lies 
riiril Rcsyoiisibilities of 
the Cliniryersoir ~uid the 
Coiiiiiiissioiiers. - 
(a) 
TI-& Chairperson and the two Coiiimissioners shall be responsible for the 
effective exercise ol 
the 
rule-making, 
policy-forinulation and 
adjuclica tive func tioiis of the Commission. They shall promote the 
development of a creative, productive aid coiiiye titive workforce. 
(b) 
The Cliairpersoii shall be the chief executive officer and shall perform the 
following functions: 
(7) 
SEC. 21. 
following offices: 
Execute and administer the internal policies, decisions, orders, 
a i d  rcsolu tions.approved by tlie Coiiiiiiission; 
Direct and supervise the operations and internal administration of 
the Coinniission; 
Sign appointiiieiits of subordinate public officers and employces 
made by the coliunission and eidorce decisions on administrative 
discipline involving them; 
Submit the annual budget of the Coiimissioii to Congress for its 
approval; 
Transinit to the President, rules and regulations adopted by tlie 
Coiiiiiiission which require presidential attention including 
annual and other periodic reports; 
Delegate authority, in whole or in part, to other public officers 
and eiiiyloyees of the Coiimission, in accordance with the rules 
and regulations of the Coiiiii-tission; and 
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Perform such other functions as may be provided by law. 
'Chapter 2. Organization and Structure 
Vffices iii ilic Coriiriiissioii. - The Coininissiori shall have the 
(a) Office of tlie Assis taiit Coimnissioners; 
(b) Coniiiission Secretariat; 
(c) Office for Legal Affairs; 
(d) Exaniinatigq, Recruitinent, a i d  Placement Office; 


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1% rst ) I 1 ncl Pol ic ics aiicl S t a n c l  a r cl s Off ice; 
1-1 u inan Re so LI rce D e17 e lo p men t Off ice; 
I'lw Civil Scrvicc Institute; 
Personnel I?elations Office; 
Public Assis tancc am1 Informa Lion Office; 
Persoiuiel Records Management Oflice; 
Office for Plaiiiiiiig; 
Office for Financial and. Assets Nlanageiiwnt ; 
(in) Office for Persolinel Manageinent; 
(11) Regional Offices/Field Offices; a d  
(0) Internal Audit Service. 
SLC. 22. 
Tlic Office of the Assislalit Curiiriiissiorzers, - The Office of the 
Assistant Coinmissioners (OACs) sliall provide technical support to the Commission 
in the areas of researcli, policy review aiid program development. This office shall 
also liancile special projec ts and maintain external linkages as inay be deemed 
necessary by the Comiiiission. 
SEC. 23. 
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The Coiirririssioir Secret-ariut. - The Commission Secretariat 
(COMSEC) shall take charge of yrograiruning and coordinating regular and specia I 
inee tings. of the Coinmission. Its function includes efficient information management 
a i d  maintenance of all records, decisions, policies, pronounceinents aiid issuances of 
the Commission. 
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COklSEC sliall also be the main liaison between Central Office and the 
Regional Ollices. This function includes coordination of all traiisac tions of tlie Central 
offices with tlie Regional offices. 
SEC. .24. 
The OfSice for Legal Affairs. - This office shall provide the 
Comniission with legal advice and assistance in the exercise of its rule-making, policy- 
formulation, prosecution, quasi-judicial and other functions. 
SEC 25. 
The Exantinatioii, Placemerit arid Recriiitrrient Oflice. - The 
Exaiiiination, Placement and Recruitinent Office (ERPO) shall take charge of 
developing, enlianciiig, controlling, supervising and coordinating pertinent scliemes 
in the granting of civil service eligibility such as but not Iiinitcd to administration of 
Civil Service examinations. It sliall also take charge of forinulating programs, policies, 
standards and guideliries in the certification and placement of civil service eligibles. 


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?‘lie lJersoiriiel Policies and Sturidnrds Office. - ‘The Personnel 
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1 t. sliall also develop policies, programs and regulations relative to perforiiiance 
managcmen~., as well as thc inspection .and audit of personnel inechanisiiis in the 
goveriimcnt agencies. 
It s l d  aclminislcr, maintain and iinpleiiient the position classification & 
coiiipensation systenl. 
SEC. 27. 
The Hiiiiiair Resorrrce Develoyiiierit Office. 
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The Human 
Resource Dcveloyinent Office (IIRDO) sliall formulate, administer and evaluate I-IRD 
prograiiis and policies relative to the developiiient and retention of a qualified and. 
competent work force in the public service. It shall also be responsible for the 
innova tion and inodeling of bes t-prac ticecl development interventions to enliance 
capacities arid reinforce service values of public servants. 
SEC. 28. 
The Civil Seivice 1-iistitute. - This office shall be responsible for 
the design and adininis tration of tlie Coininission’s huinan resource developinent and 
training progranis. 
SK. 29. 
The I-’er.soirizel Relatioris Office. - The Personnel Relations Office 
(PRO) shall take charge of all inter- and intra-public sector uiiioii coiuxrns such as 
einyloyee relation standards, conciliation, registration and accreditation of unions 
. including advocacy work. It shall also serve as the secretariat for the Public Sector 
Labor Management Couiicil (PSLMC), and conduct research and training on public 
sector unionisni, as well as design and develop public sector labor education 
programs. 
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SEC. 30. 
The Piiblic Assistaiice aid Infuriitatioii Office. - .,+The 
, Public 
Assistance Information Office (PAIO) shall take charge of managing an effective 
information exchange system between the Coininission 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 tlie Honor Awards Program, necessary in carrying-ou t its 
dual role of inforina tion disseinina tion as well as feedback generation on operations, 
prograins and thrusts of tlie Commission. 
SEC. 31. 
The Persoiiiiel Records Mniragerireirt Office, - The Personnel 
Records Managernent Office (PRMO) s l d  formulate and implement policies, 
standards and regulatioiis pertaining to the storage, maintenance, security control, and 
disposal of govei’ninent personnel records and other related civil service documents. 
Management of such records includes maintenance of the resource center for 
cornpu ter-based inforn~a 
tion, the library, the archives, and the museuin of the 
Coinniiss i o 11. 


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Snc. 32. 
Thc 0flkic.e fur Plaitrrirtg. - The Office for Plaiiiiing (OP) shall be 
responsiblc lor the furmula tion, iinpleirienta tioii and monitoring of the long-term 
Strategic I'lans of the Commission. It shall provide technical support and assistance to 
the Commission 011 organiza tioiial plaiming, benchmarking and research and in the 
devclopinent of work yrograins and projects of the different Coiriinissioii offices 
consistcnt with its inandnte. 
1'110 Officc for ['Iaiiiiing shall also ~versce tlie formulalion and management of 
tlie Iidornia tion Teclil~ology Plan that shall serve as the blueprint for the developinent, 
iiiiylciiiei~tatioi~, 
and maintcnance of coiiununication and iidorniation systems vital to 
tlie inkina1 operalions of the CSC as wcll as to the decision-making functions of the 
Coi iim issi on. 
SGC. 33. 
Tlic Office fur Fiiiamial arid Assets Mniiageiiteiit. - The Office for 
Financial Assets and Management (OPAM) shall take charge of eiisuriiig sound fiscal 
and assc t inanagciiient consonant with tlie annual, supplemental and special budge 1s 
of tlie Coinmissioii as contained in tlie Ccneral Appropriations Act. 
Snc. 34. 
?'lie Osfiicc fur Persuirtiel Ahriiagernerrt. - The Office for Personnel 
Management (OPI'vl) dial1 take charge of foriiiulating the development plan of the 
Conuriission, which iiiclucles sound policies on personnel management in the areas of 
recruitiiicnt a i d  selection, employee welfare and discipline in the Com.inission. 
SEC. 35. 
The I(eyioiin1 UflicesfField Offices. - The Regional Offices shall 
enforce Civil Service rules, policies arid ,standards on personnel management within 
their respective regional jurisdictions. 
Tliey shall provide tecliiiical 'advice and 
assi!; Lance to government offices and agencies regarding personnel adininis tration 
sucli as but not limited to examination and placement, career.,.,,. 
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develoyiiieiit, 
appointinents, filing/resolution of legal cases, audit, and other functions delegated by 
the Coin In is s i on. 
SEC. 36. 
The Iiitci*iinl Audit Service. - The Internal Audit Service (IAS) 
shall oversee the yeriodjc evaluation of existing methods and procedures, including 
financial systems, in 11 LC Coininission and on the basis of such, forinulate plans and 
progranis rclativc to fiscal cliscipline, and management improvement and productivity 
of the Coininission. 
Chapter 3. The Career Executive Service 
SliC 37. 
The Crirecr Execuiive Service. - A strong, slable, competent, well 
trainccl and highly motivated corps of career public managers that will provide 
effective support to national cleveloyinent shall constitute the Career Executive Service 
(CES). Entry and advaticcment in the CES slmll be based on merit and fitlless wllich 
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sliall iiiclucie iiikgrily, clenionstraleil inanagerial and execu tive compctence, 
leadership aiid in terpersonal. clualities, technical expertise and other pertinent 
c I u a 1 i €ic a t i om. 
Tlie CES shall be govcriiecl by a separate merit system characterized by rank 
rather tliaii p s i  tion; coiiipensatioii based dii rank and advanceinent to a higher rank 
on [lie basis of executive and Lechnical expertise. 
SIT. 38. 
A/lciitbei*sliip. - A person who meets such managerial experience, 
execu tivc coiiipe tence, am1 other reqriireil-icnls prescribed by the Coiiiinission through 
tlic CESI3, sliall be coiiferrecf appro1)riatc rank and shall be iiicludecl in the register of 
Career Executive Service Officers (CESOs). 
SEC. 39. 
Cizi*eer Executive Serz~ice Board. - The Career Executive Service 
Board (CESB) shall be an attached agency of the Corninission. It shall be responsible 
for the development, maintenance ami adininis tration of the Career Executive Service. 
SEC. 40. 
Coriryositioir of the Career Executive Service Board. - The CESB 
sliall be coiii1xiseci of the following: 
the Chairperson of the Coinmission as 
Chairperson; the President of the Development Academy of the Philippiiies, ex-officio 
iiiembei; the Dean of the University of the Philippines-Na tioiial College of Public 
Adinilk tralioii and Govcriiance, ex-officio member; the president or duly designated 
represeiita tive of a iialionwick association of career executive service officers; the 
president or duly designated representative of a nationwide association of persolinel 
managers; and, two (2) other iiieiiibers w11o sliall be appointed by the President of the 
Republic, a i d  oiie of w1ion.t inust be a retired CESO, both with terms of tliree (3) years. 
Meinbers of the CESU sliall be provided with per diems and allowances as 
cletermiriecl by tlie Comniission. 
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SEC. 41. 
The Career Excciiiive Service Secretariat. - The Career Executive 
Service ~oarct (CESD) sliall be assisted by the Career Executive SeG&ic%ecretariat. It 
sliall be headed by an Executive Director aiid assisted by a Deputy Executive Diiector 
both of wlioiii shall be appointed by the CESB, and shall be responsible for the 
iinplenieiita tion of the policies, rules, regulations, decisions, directives of the CESB. 
SEC. 42. 
Rniik Clmsificnf ion of Illembers of the Career j%xutive Seruice. - 
Meiiibers of the CES shall be classified according to rank based on their yersoiial 
proven coinyetence, qualifications, broad levels of responsibility and otlier relevant 
coiisiderations as determined by law and rules of the Board. 
SEC. 43. 
Coiferrricrit of Ayyroyriui-e Rauk iii the CES. - Conferment to 
approprialc raiik in the CES shall be iiiade by the President upon reconiinendation of 
the CESB. The issuance of appointments to appropriate ranks shall be made by the 
department or agency heads. 


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SliC. 44. 
Pcrsoiiml Mccliaiiism. - 'I'hc CESD sliall devclop yolicks, design 
standards and I J C ~ S C ~ I ~ I ~ L ' I  
uicclianisms lor the Career Executive Service. 
SlK. 45. 
Corrr~~crmt~liuri. 
- Mciiibt?rs of the CES shall bc coinpciisated 
according to rank in accorclance with the CES compensation plari and shall be 
yroviciec[' Tzlit~i attILkctive salaries, friiigc benefits and reasOnable allowances to be paid 
by the employing agency. A CESO assigned to a CES position shall enjoy an added 
p w i i u i n  based on liis/lier rank arid sliall be granted a higlier yreiniuin as his/her 
rank increases. I-Iowevcr, in case a CESO occupies a CES position not appropriate to 
his/ Iier rank,, said officer slid1 receive the higher compensation. In no case shall a 
C E O  receivc conipensalioii lower tlian ilia t corresponding to the rank. 
SIX 46. 
Mublility, - CESOs may be assigned to any CES position. 
ssc. 47. 
CES Resource List. - ?'lie CESB shall establish a CES resource list 
drawn froin CESOs tvhu may be cross-puskcl in various agencies to uiidertake special 
works or unique nssigniiwiits witliili a specified tiinefraine, without diminution of 
c om p e lis a t io 11. 
The CESD shall institutionalize systems for the promotion of core values in the 
CES, carccr ~lcvelopment of its ineinbers, including cross-posting and inobility. 
CESOs who may be involuntarily separated from their assigniiicnts shall, as far 
as practicable, be given new assignments cornmensurate to their qualifications. 
Snc. 48. 
Ailiiiiiiistratiori cy c1 Coirzyeirsatiurr Plnrr. - The CESB shall 
prepare, ad ininister and periodically review a coinpensation plan for the CES, to 
maintain llie liigli stan~iard of public service and the quality of officers in the CES. 
Salaries, allowaiices aid other benefits of CES officers shall be provided by tlie 
employing agency at ratcs in accordance with the CES Compensation Plan, 
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SEC. 49. 
Security of Teiirxc. - CESOs sliall enjoy performance-based 
security of tcnure and shall not be reinovecl from service except for cause and after 
due pmccss. 
SIiC. 50. 
Discipliire. - *lnvcstigation and adjudication of administrative 
complaints against inembcrs of the CES shall be governed by tlie provisions of this 
Code. 
Snc. 51. 
Cniwr Urrdersecwtary aid Assistant Secretary. - At least 50% of 
the total iiumber of positions of Undersecretary and Assistant Secretary shall be career 
with erdi level accorclingly represent-ecl. 
'The President shall appoint CEI30s to both career and non-career 
Undersecretary and Assistant Secretary positions. 
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Title I: - On Eiiiployiiieiit 
SK. 52. 
I-’olicy. - 1Iiecruitmeiit in the civil service system shall be made on 
the basis of merit mil fitness to perform the duties and assume the respoiisibilities of 
the p s i  Lion, tu be cleteriiiiiieci as far as practicable by coinyetitive exainination 
xiininis tereil by tlw Coirunission. Every Filipino citizen shall have equal access to or 
opy urt unities for public service regardless of, among others, religious belief, color, sex, 
setual-oricnlatioi~, regional origin or ::tkuiic affiliation. Measures shall be acioy ted to 
iiicIucIe clualifiecl 1iieniL)crs of indigenous cul tural communities, and other minority 
groups aiicl dif [erently-nbleci persons for recruitment ancl selection. 
SK. 53. 
Kiiids 
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Fseqiuiicy 
of Civil Service Exniiriiintioris. - 
Examina tions may be wri tteii, oral, yliysical, tes tinioiiial based 011 perforniance or 
skills or a combination of these types. Exaniiiiatioiis may take into consideration 
expcriciice, education, np titude, capacity, knowledge, cliaracter, physical fitness and 
other attributes of the applicant as map be cleterniiriecl by the Cominission. 
?‘hc Coiniiiission shall aciiiiiiiislcr coinpctitivc examinations for all levels in the 
carccr service a n c l  grmi L corresponding civil service eligibilities to passers of the same. 
‘The Coiniiiission sliall coiicluct civil service exaiiiinatioiis as often as the 
exigency of the service requires. Civil service special examinations may be conducted 
upon request of a particular departniciit or agency, subject to rules and regulations 
proiiiulga t d  by the Coiiiinission. 
SEC. 54. 
Qiirilificcitioirs os AyyEicairts to Civil Sesvice Exmiitintioris. - 
Adniission to civil service exan-iinatic;ns sIiall be limited to citizens of the Pldippines 
who satisfactorily ineet- tlie requirements prescribed by the Commission. 
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SEC. 55. 
Rat iiig of Exniiiiriatioir Puyess arid Civil Seruice .Eligibility. - 
Unless otherwise prescribed by tlic Commission, every examinee who obtains a 
general rating OE at least eiglity (80%) percent shall be granted civil service eligibility; 
Ssc. 5G. 
Siiirriltniieoiis IMcasc of Exriiiiitintiori Iiesulis. - The results of 
nil cxaiiiinaLioii held in various locations on the same date shall be released 
s iin LI 1 t a i~cousl 
y , 
SEC. 57. 
liegistcis of Civil Seivice CEigibles. - The Cuiniiiission shall 
maintain a register of qualified eligibles for each category of exainination actually 
available for aypojntn ~ i l .  
The register sliall be tlie basis for certificalioii and 
appc)iiitmcnt in tlic civil seivice system. 
Snc. 58. 
Bar. or 13o111.d Exaiiririntioiis ns Eligibility. - Successful examinees 
of bar or board examinations requiriiig completion of baccalaureate degrees or courses 


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rquiriiig not less t11an scvcnty-two (72) units of collegialc subjects or ils cquivalei~t as 
well as tlwse registcrccl uncler their respective boards to practice their professions 
wihxit c:tainination, SI iall automatically be considered civil service eligibles. Their 
cfigibililics sliall bc cll'cctivc upon tlie rc1c:ase of examination results or the date of 
rcgis trn tion, as tlw ciisc iiiay l:~, 
by thr? Suprei~w Court or thc Prolcssioiial Regulation 
Coiiunission. 
SEC. 59. 
Efccctivity mid Irirysescript.ibiliiy of Civil Sesuice Eligibility. - 
Eligibilities .resulting from civil service, bar or board examinations shall be effective on 
tlie Jatc of the rele?se of exarnina tion ~:esults. Other eligibilities granted by the 
Conitnissioii sliall bc ellcctive on the clate of tlie grant. 
Civil service eligibilities shall bc imprescriptible. 
SEC. GO. 
lirudiilrilioii of 
Civil Service Cxniiiiiiatioii I<esrrlts. - 
'Ihe 
Coriiniissioii shall have tlic autliority to invalidatc civil service exaiiiination results 
based on statistical iinprobability and utlier foritis of irregularity as cleterniined by the 
Coniinissioii. 
SEC. GI. 
Rcsyoirsibilities iii Clie Corrdirct of Exaim'iuiiioris. 
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The 
Coinmission inay call upon all departincnts and agencies to extend the necessary 
support and assis taiice, and to inake available such personnel, buildings, 
transpwta Lion, comiiiLiiiicr? Lion and sucli other facilities, that may be needed in the 
achinis tra tioii of the exmiinn tions. 
ssc. 62. 
IJi~iiit.iiig, Storqe, 
Trniisyortatioii 
and 
Dislrilrirtiori 
of 
h z i i i i i . i l z f i o i r  A$ciLeiilrls. - I lie printing, storage, tramportation and distribution of 
exaililiation ilia terials shall be uiicler the exclusive supervision and control of the 
Coiiiiiiissioi~. The Cominissioii shall determilie and provide the necessary security 
iiicasurcs for this pu~:pose. 
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Sac. 63. 
Exniiriiiiirg Coiimiiices/ Exriniiriers nird Iirvestigulors. - The 
Coiiimission inay deputize persons to act as members of examining coiniiii ttees, 
examiners or investigators to perform such duties as the Commissioii may require. In 
the pcrlor11ia1lce of such clu ties, they shall be under the exclusive control and 
supervisioii of tlie Coiriiiiission. Such persons so cleputized may be given allowances 
or per diein for their services to be paid out of funds allocated far the particular 
exainination atid at a rate to be determined by the Commissiorf. Expenses for 
specialized examinations shall be allocated by tlie requesting departinent or agency. 
Cliapler 2. Selectioii and Appointment 
SEC. G4. 
ScIcctioir Process. - Each. deyartnient or agency shall evolve its 
0w1i selection process in accordance with staiidarcls a i d  guidelines set by the 
Ccii 1 un issioii. 
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11' [lie appoiiitcc i:; not allowocl to assuiiw office by the agpoiritiiK authority in 
spite of tlic Coiiiil-iissioii's approva1 of tlie appointment, the appointing authority shall 
be Iielcl liable lor contcmpt of the Cominission. This is without prejudice to his 
liability ii11c1t.r IIA 3019 (Allli-Grr$ r z r i r i  C o r ~ ~ p l .  
Jkcfices Act) and othcr criminal and 
adin iiiislrn tivc saiic tions. 
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Sac. 71. 
Sir Lwissiorr of Appoiiiti~ients nrrd Ontlis 
Office. 
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apyoiiitmeiits in the civil service systerrl., except those issued I by the President a1.1~1 
those of the Arimcl Forces ol the Philippincs, shall be subinit ted to the Coiiunission for 
approval not iater than thiity (30) days from the date of issuance thereof. 
Such 
approval shall be iidica ted below tlie.sigiiatui-e of the appointing authority; otherwise, 
it sliall be Iiiaile cffectivc tliirty (30) clays prior to the date of submission to tlie 
Coni missi 011. 
Copies of appuintlnents and oaths of office of those appointed by the President 
shall be submitted to tlic Coiiunission for record purposes. 
SEC. 72. 
Alcrit Prumotioii P h .  - 
Each department or agency shall 
establis1 i a Merit. Proinotioii Plan, in accordaiice with standards and guidelines 
prescribed by the Coinniissioii. 
Src. 73. 
A}Jp'Upi& civil Service Eligibility. - Appropriate civil service 
.eligibility sliall Lx required for permanent appointment to positions in the career 
service. in acco~*claiice 
with the stanclarck set by the Commission. 'Whenever there is a 
qualified civil service eligible willing and actually available for a ppointiiient, no 
aypointiiicnt shall be issued to c? person who is not an eligible, even in a teiiiporary 
capacity. I-Iuwever, a teiiiporary apphtment may be issued to eligibles who lack any 
of tlie other requireinen ts for appoiii tment or, to non-eligibles who megt: all the other 
.*<*-r. . 
mandatory requireinelits for a particular position. 
.. .. , 
A person with a civil service eligibility acquired by passing an examination 
sliall be qualified for a position requiring a lower level eligibility if I-ie/slie possesses 
the other requirements lor apyoin trneiit to such position. 
SLC. 74. 
Qircz~~iccll.ioli 
Sfmdards. - Qualification staidards dial1 be used: 
(a) as a basis for civil service exainiriatioiis for positions in the career service; (b) as a 
guide in appointment arid other personnel actions; (c) in the adjudication of protests 
against appointment; (cl) in cieterinining training needs; and (e) as an aid in inspection 
and audit of tlie agencies' personnel work programs. 
Qualification standards sliall be administered so as to contiiiually provide 
incentives to public officers and einyloyees towards professioiial growth. 
The establiskuiien t, administration and maintenance of qualification standards 
slia1I be tlie 'respoiisibilit-y of the departrnent or agency concerned, as yroInuIgaied by 
the Commission. 


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Snc. 75. 
Apyoiirl-rireirt Siaizrs. - The status of an appointment shall be: 
(a) 
PeriiiLziwii - an appointment issued to a person who meets all the 
qualification requirements of the position. 111 no case shall a person who 
meets all the requirements for perinanent appointment be issued a 
temporary appointmen t excep t to occupational groups of positions 
requiring additional or special qualifications, in which case, prior 
clearance to issue teinyorary appointinent shall first be secured from the 
Commission. 
In case an appointment is erroneously issued, the 
Cominissivn shall inalte tlie necessary rectification. 
Whenever there is a qualified civil service eligible willing and 
actually available for appointinelit as certified by the Corninission, a 
noli-eligible shall not be appointed even in a temporary capacity to any 
vacant position in the career service. 
(b) 
Teriipurary - an appointment issued to a person who does not meet 
eligibility or any of the other qualification requirements of tlie position: 
Provided, that there are no qualified eligibles willing and actually 
available lor appointnient and that the aypoiiitinent shall not exceed 
t\,vel\'c ('12) Inonths. 
A teinyorary einployee shall not be removed except for cause 
during the one (1) year period; Provided, that lie/she may be replaced at 
any time witliin the same period, oiily by a qualified civil service eligible. 
In the latter case, the appointing authority shall recall the temporary 
appointment and appoint tlie qualified civil service eligible. 
(c) 
Substitiif-e - an appointiiicnt issued to a person who has all the 
qualifications for permanent appointinent but sliall occupy a teiiiyorary 
vacancy while the regular occupant thereof is on ai7 ap,proved leave of 
absence for at least one inontli, on a schoiarsliip grant, & secondmelit, 
out on officii1 business, or is unable to perforin the duties i& at.least a 
d 
.+N .~ 
* ' * 
1nontli. 
(d) 
Coteiwriiiorrs - ail appointiiicnt issued to a person whose entrance and 
continuity in the service is: (1) based on the trust and confidence of the 
appointing autliority 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 tlie life span of the agency or office created. 
(e) 
Coiztrnctzrd - an appointment issued to a person for services in 
accordance with a special contract to undertake a specific work requiring 
special or technical sltills unavailable in the employing agency, to be 
accomplished within one year. The contractual employee shall perform 
tlie specific work under his/her own responsibility with minilnuin 
direction and sqpervision from the hiring agency. 
No coiitrac tuaI 
appointments corresponding to ylantilla positions shall be issued. 


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(l) 
Crisiilil - an aypoinhicnl issued 10 a person for services in an emergency 
or during a peak work period to positions which do not liave regular 
items in the plantilla of personnel of the department or agency. A casual 
ayyoiii tnieii t sl d l  not c;~:cecd twelve (12) months. 
Casual employees wlio have been in the service for an aggregate 
of three (3) years who inee t .all the qualification requirements of existing 
staffing pa ttern positions shall be absorbed as regular employees in 
accordancc with the budgetary liinitations set by law and rules to be 
proiiiulgaLec1 by the Commission. 
(g) 
Pruuisiuiiiil - an appointmciit issued to a teacher wlio meets all the 
requirements of the position excey t the eligibility but shall not exceed 
twclve (12) months. 
111 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 cletermiiied by the Commission. 
Sac. 76. 
Job Ortlcrs/Coiiii.izct of Services arid Corisuliaircy. 
- 
The 
appointing authority inay enter into service contracts such as job orders/contract of 
services and consul tancies wherein no employer-employee relation exists which 
contract shall be submitted to the Commission within thirty (30) days froin execution 
of tlie con tract for mbnitoring anc~ recorci purposes. 
Sac. 77. 
Rn I-iorrn 1 iziirg C~~siia 
1, Coiitructrra 1 Sew ices, Coiisir 1 tuticy, arid 
Job Orcler*s/Corrtrnct vf Services. - The Cominission shall forinulate policies in order 
.to systernatize alicl rationalize the hiring and 
expenditures for consul tancy, casual 
and contractual services. 
- 
I,. 
Chapter 4. On Personnel Actions 
.,<e.. A 
.. . 
SEC. 78. 
Persvirirel Acl-ivir. - denotes the inoveinent of personnel within 
the civil service system. It shall include original appoii-ttment, proinotion, transfer, 
reinstatement, reemployrnent, reappointment, renewal, change of status, upgrading or 
reclassification, demo tion and other related action. 
Personnel actions sliall be in 
accordance tvi tli the rules, standards and regulations yroinulga ted by the 
Commission. 
A vacancy inay be filled up by any of the following personnel actions: original 
appointii.~ent, proinoLion, 
transfer, 
renewal, 
demotion, 
reeinployinent 
and 
reappoinhnent. 
SEC. 79. 
Origiizcll Appoiirhirertt. - 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 uiidergo a thorough assessment of his/lier perforinance and 


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concluct. 
I-Iis/hcr scrviccs can LJC terminated anytiinc during said period for 
unsatisfactory concluct or want of capacity. l’lte order of teriiiiimtion shall be served 
tluugli pcrs011a1 notice UT through constructive notice and sliall no longer be 
a ppcala ble. 
Ssc. 80. 
1~roiiwfioiz. - 
is tlie movement Qf an einyloyee to a higher 
position within the same departinent or agency with corresponding increase in 
duties and responsibilities, usually accoinpanied by an increase in salary. 
The pendency of an administrative case against any public officer or einyloyee 
shall not be a bar’ to proinotioii. 
Sec. 81. 
Tririrsfer. - is the moveinent of an employee froiii one agency to 
anotlw or from oiie yositioi> to another within the same agency which iiiay involve a 
position of higlier, equivalent or lower rank, level or salary, without break in the 
service. Transfer requires the issuaiice of an appointment. 
Sec. 82. 
Reiizsfni-eiirerzt.. - is tlie automatic restoration of a person to a 
position froin tvliicli he/ she was illegally separated with back salaries including 
allowaiices a i d  benefits excey t representation and transportation allowances (RATA) 
and uiiiforni allowance not to exceed five (5) years reckoned retroactively froin the 
date of actual reiiistatement. 
Snc. 83. 
Reeiiryloyiizerzt. - is the appointment of a person who has been 
previously appointed to a position in the goveriiiiient service after separation 
. therefrom. Reemployiiient presupposes gap in the service. 
SIX. 84. 
lileny,voi\ztiiieiit. - 
is tlie issuance of an appointment during 
4 
reorganization, devolution, or similar events. Reappointnient presupposes no gay in 
the service. 
I *  ’ 
, -. 
.,\ ‘3 ,. I 
..- 
SEC. 85. 
RcizetonZ. - 
is tlie subsequent appointineiit 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 Commissioii. Renewal 
presupposes 110 gap in the service. 
SEC. 86. 
Delirotion. - 
is tlie movement froin one position to another 
within the same departinelit or agency iiwolving tlie issuance of an appointment with 
diiniiiutioii in duties, responsibilities and status or rank. Demotion due to the 
exigency of the service sliall not involve reduction in pay: Provided, that such 
demo tion shall require the consent of the public 
Voluntary demotion and demotion as a penalty shall 
position. 
officer or employee concerned. 
be at the hiring rate of die lower 
SEC. 87. 
Ibxlussificatioiz. - is the appointinent that coines as a result of a 
change in the classification of a regular position due to material and substaiitid 
i 
Prrge 24 


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cliaiiges in clutics aiicl rcspiisiibilities of tlie yositioll without cliangc in status and 
regarcllcss of tlie qualifications of the holder of said position. 
S K .  88. 
Persoiiircl Illovciireiits. - 'The issuance of an appointment is not 
iieeciecl in ycrsoIincl iiiweiiient involving no cliaiige in position title, rank or status if 
the existing appyoin tinci-it does no t specify the works tation. Such movement iiiay 
iiic 1 u d e the f o 11 owing : 
(a) 
(b) 
Salary acijustnient 
(c) 
Step-increment 
(el) 
Upgrading (same position) 
Cliange in iten1 nuiiiber only 
Notice of such adjustment or iiiovcnient shall be subniitted to the Coininission 
within thirty (30) dnys from issuniicc tliereof. 
Except for seconcliiieii t, the following personnel moveinelits do not require the 
issunlice of appoiiitments but shall require office orders: 
(a) 
Iienssiyii~riciiL - is the iiioveinent from one organizational unit to 
aiiotlier in the same ciepartmeiit or agency, without reduction in rank, 
status or salary of the employee. 
Reassignment from tlie official 
workstation without the written consent of the employee shall not 
exccccl one (I) year. Otlierwise, the reassigiiinent shall be illegal. 
Reassigniiient which results in demotion in rank, status or salary 
or wliicli exceeds one year without the consent of the public officer or 
employee may be appealed to the coinmission. 
Pending the appeal, 
reassignment of the public officer or employee shall be held in abeyance 
until resolved by the Coinmission. 
Reassignment of lotv-salaried employees sliould not result in 
economic dislocation. 
.. . 
(b) 
~ e t w i ~  
- is tlie temporary movcment of a public officef8Ey Linployee 
. 
. . froin 
one department or agency to another without the issuance of an 
aypoiritmcrit but with the coiisent of both the mother aiid receiving. 
agencies and shall be allowed only for a maxiinum period of oiie year; 
otherwise, the consent d the public officer or employee concerned shall 
be necessary. 
Detail shall not result in reduction, in rank, status or 
sa 1 a r y . 
' 
Detail which results in deinotion in rank, status or salary or which 
exceeds one year without the consent of the public officer or einployee 
may be appealed to the coinmission. Pending the appeal, detail of the 
public officer or employee shall be held in abeyance until the decision of 
the Coinmission. 
The detailed employee shall carry Iiis/lier regular yosi tion in the 
iiio tlwr agency and continue to receive his/ her salary from the mother 
a g enc pa 
Pnge 25 


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(c) 
]ob. I < o ~ i o i r  - is the sequential niovcment of an officer or employee 
from one office to another or from one division to another within the 
sanie agency as a iiieaiis for developing and enhancing the potentials of 
people in m i  organization by exposing thein to the other work functions 
of tlie agency. It shall be allowed only for a maximum period of one (1) 
year. 1 Iow(;~vc:r, job rotation excecding one (1) year may be allowed with 
the consent of the officer OK employee, any,extension of which may be 
allowed with the consent of the officer or eiiiployee concerned. 
Secoidiiiciit - is tlie nioveiiient of a public officer or einployee from oiie 
department or agency to another upon mutual concurrence between the 
nio tlier agency, the receiving agency and the employee concerned which 
should be covered by a Meinoranduni of Agreement 
(MOA) in 
accordance with the guidelines that the Cominission may promulgate. Ik 
is temporary in nature which may involve the same, reduction or 
increase in coinpensation and inay or inay not require the issuance of an 
apyointnient. The seconded employee shall be on leave without pay 
from the niotlicr agency aiid shall be entitled to tlie coinpensation of the 
position tu wlzicli he/slie was seconded in the receiving agency unless 
o tlierwise specified in the MOA, the receiving agency shall shoulder all 
the benefits and enioluments of the seconded employee. 
i 
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(e) 
Desiyiirztioir - is the iiiiposition of additional duties to be pedoriiied by a 
public officer or employee which is temporary in nature and shall be 
allowecl only fur 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 
The eiiiployee designated sliall be entitled to the benefits accruing 
to the position but shall continue to receive the salary of the position to 
I 
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actually available who can be appointed to tlie position. 
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which he/ she holds an appointment. 
.. 
.. . 
f 
,243 .. ’ 
.I I 
SEC. 89. 
Clinirge of Stafzrs. - 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 teinporary 
to permanent without issuing another appointment. However, such change shall be 
reflected in the records of the Commission upon the notification by tlie agency 
concernccl. 
Title I1 - Disputes Regardiiig Appointments and Other Personnel Actions 
Chapter 1. 
. Contests on Appointments and Other Non-Disciplinary Cases 
SEC. 90. 
~ 
Who May Contest An Appoiiztmerit. - Any eligible qualified for 
the position may contest an appointinent made in favor of one who is not cpalified or 
whose aypointiiient is issued not in accordance with law. 


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'TITLE 111 - Agency I'ersonnel Administration 
Chapter 1. Inter-Agency Itelations 
SEC. 91. 
Adjrrdicrr l-ioiz of Contests 011 Appointinents and Other Personnel 
Actions. - All oI1ic.r cases on non-disciplinary personnel actions shall be adjudicated 
initially by the ap y oiii ting au tlwrity, as prescribed by the Comiiiission. 
SEC. 92. 
Appeals oiz Contests of Agpoiiztiiients, Personnel Actions, arid 
No/r-Discipliizciry Cases. - 
The decisions of heads of agencies on contests of 
appointments, personnel actions aiid noli-disciplinary cases are appealable to tlie 
Conim issi on. 
SEC. 93. 
The Ceiz f rul Persoriircl Agerrcy. - The Coinmission, as tlie central 
personnel agency of: the governinent, shall proinulgate rules and regulations on 
personnel adiniiiistra tioii and inanagement in tlie civil service sys tern. 
SEC. 94. 
Kesyoizsibility for Pcrsuiiiiel Adiiiiiiistratiun. - Each department 
or agency shall establisli a personnel office to be headed by a I-Iuiiian Resource 
IVfaiiagement Officer (HRMO) who shall be responsible for the effective 
impleiiienta tion of personnel regulations and policies, 
Employee uiiioiis aiid organizations shall be consulted and represented in the 
' development and iinpleineiita tion of the agency personnel mechanisms such as ineri t 
promo tioii plan, incentives and rewards program, perforinaiice appraisal system, 
incentives and rewards plan, training and develoyiiient plan, grievance machinery, 
and occupa tioiial and health plan, in accordance with the rules and regulations 
proiiiulgated by the Corninissioii. 
4 
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*.x .. .. . 
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SEC. 95. 
Coiiircil of Iluiirmii Resource A/lariagerireiit Officers. - There shall 
be a Council of I-Iuiiian Resource Management Officers (I-IRMO) to be coinposed of 
I-1RMOs which sliall serve as a clearing-house of inforination to stimulate the use of 
innovative iiietIioc1s of personnei management anc~ advocate for sound personnel 
policies for good .governance. 
Chapter 2. Local Government Personnel Adiiiinistration 
SEC. 9 G .  
licsyoirsibility for. Locul GoveriiriieiiP Persorirrel Adiiiiiiistratiorr. 
- Each local goveriiineiit unit shall establish a personnel office for the iinyleineiitation 
of personnel regula tioiis and policies in accordance with the provisions of this Code, 
the Local Coveriiinent Code, and rules, policies, standards, guidelines and regulations 
promulgated by the Commission. 
Prrge 27 


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Src. 97. 
11RMO Pusifioiis iii LGLIs. - 
?‘lie position of I-IRMO shall be 
immediately manda tory for provincial aid city governinents, and first and second 
class municipalities. Third and fourth class inunicipalities shall create the HRMO 
position wilfiiii tlirce (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. 
Positioiz Classificatioiz arid Coriipeiisntioii System. - 
The 
Coinmission sliall develop and administer the Position Classification ancl 
Cornpensa tion System (PCCS) which shall have two parts: the Position Classification 
Plan and the Coinyensation 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 imylementa tion. The Coinpensa tion Plan shall 
consist of the salary schedule, policies relative to salaries, allowances, bonuses, and 
such other benefits accruing to the public officers and einployees of the civil service 
system, and tlic rules m c l  regulations for implementation. 
Sec. 99. 
Umis for P m i i i w  Clussificcztioii mid Coinyciisnt ion. - 
The 
classification and coinpciisa tion of positions in the civil service system shall be based 
on similarity of ItiiicI and Ievel of work and the deterniination of the relative worth of 
these classes of positioiis. 
SEC. 100. 
~ovcungc of uzc PCCS. - The PCCS sliall apply to all positions 
in the oivif service sys tern whether permanent or temporary, appointive or elective on 
full or part- time basis now existing or Iiereaf ter created. 
- 
. 1 , 1 .  
I 
.. ^. , 
. 
Chapter 4. Personnel Inspection and Audit . 
Snc. 101. 
Ptiryose. - The Coinmission shall conduct periodic inspection 
and audit of the personnel iiianagement prograins 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. 
Scup. - The inspection arid audit of the personnel inanageinent 
prograins may include the following: 
(a) 
Organization and personnel management; 
(b) 
(c) 
(d) 
(e) 
Career ancl einployee developinent; 
(f) 
Performance evaluation systems; 
(g) 
Fonnulation, issuance and iiiiylementa tion of personnel policies; 
Recruitinelit a i d  selection of employee; 
Personnel action and employment status; 
Einployee suggestions and incentive award; 


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(11) 
Eiiiploycc rclalions aiicl service; 
(i) 
Discipline; 
(j) 
Persoiiiiel records aiid-repor ting; 
(I<) 
I'rogrr? 111 e va 1 cia cion; a i d  
(I) 
Einployee oq;aniza tion. 
SEC. 103. 
Sirbrrrissiort uf Audit 'Reports. - The' Comnission shall regularly 
submit its personiiel audit reports to the units concerned, heads of deyartiiieiits, Office 
of the President and the Legislature. 


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l3001< 111. 11UNIA.N IW3OULZCE MANAGEMENT 
Title 1 - I-luinaii Resource Development 
Chapter 1. Policy on Numan Resource Developinelif 
SIX. 104, 
Policy. 
- There shall be an integrated program on human 
resourcc clevelopment for all levels and ranks in the civil service system that shall 
provictc q u a l  opportuiii ties for career clevelopment. 
l'he Coiniiiissiori sliall encourage all ctepar triients and agencies to develop aiid 
implement huiiiaii resource develoyiiient plans and programs to include, aiiiong 
others, training and development, performance appraisal and incentives and awards 
for their personnel in accordance with Commission policies and stanciards. 
Chapter 2. Training aiid Development 
SIX. 105. 
TIN 
iiriiiy m i d  De~eloy~izei~t 
System - The Coiiiinissioii shall 
promote opportunities for training in skills enhanceinent and capability-building 
programs, local and foreign scholarsliips, and other educational oyyortuni ties. 
SEX. 106 
Coriiriiissioir's llesyoirsibilities for Trairrirrg aid Develoyiiierrt. - 
The Coinmission s l d l  be responsible for tlie development, administration and 
eval ua,tioii 
of 
govelniiient-wide 
traiiiing programs 
on 
public 
personnel 
adininis tratioii, and shall issue the appropriate rules and regulatioiis for the said 
training and development programs. 
I 
SEC. 107. 
Xesyonsibilitics for Local and Foreign Scliolursliiys. - The 
Coiiiiiiissioii shall have the responsibility to administer service-wide local- aiid 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 assis Lance (ODA) shall be adniiiiislered by an Inter-agency Committee 
co-chaired by the Coinmission and the National Economic and Development 
Au tliority. 
SIX. 108. 
Infer-Agericy Scliolnrslriy Conzmittee. 
- 
The inter-agency 
scholarsliiy coiiimi ttee shall be co-chaired by tlie Chairperson of the Coininission and 
by the Director General of the National Economic and Develoyrnent Authority 
(NEDA). The Coinmiltee Secretariat shall be based at the NEDA. The following 
agencies or their cIuIy designated representatives who hold positions not lower than 
tliat of assistant secretary or its equivalent shall coiistitute the members: 
(a) 
Deyartriient of Foreign Affairs; 
(b) 
Department of Education; 
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(c) 
Univcrsity of the Pldippincs; 
(d) 
(e) 
Cominissioii on Higher Wucatioit; and tlie 
Pxesiden tial Manageiiien t S taff-Office of The President. 
SEC. 109. 
Agciicy liespo~tsibiliiics /or Traiiiirig mid Devcloyriieiit. - Each 
clepartmcii t or agency shall be responsible for the development, irnyleinenta tioii arid 
cvalualion of its training and develoyiiiciit plan as well as its gender and development 
plan in accordai~e witli policies a i d  stantlards proiiiulga led by the Cominissioii. 
‘To carry out these responsibilities, each agency shall establish its own Personnel 
Development Committee pursuant. to tlie rules and regulations proinulgated by the 
Coinmission. 
SEC. 110. 
Tccliriicral Assistance arid 
Consultative Services. - 
The 
Commission shall provide technical assis taiice and coiisultative services to all 
departmenls and agencies in the developiiient, adniinistration and e ~ a l u a  
tion of their 
lrunrali rosource cievelopmen t programs. 
~ I i e  Coniniission may also avail of’ advisory assistance froin its accredited 
training institutions, professional organizations, public sector unions, federations, 
confederations and non-government organizations (NGOs) in connection with its 
h ~ ~ i n a n  
i*esource develoyment policies and programs. 
Chap ter 3. Perforinance Appraisal 
SEC. 111. 
Pcqoriiimce Appraisal Systeiii. - The Commission shall proiiiote 
the establishmenl- of a I’erlormance Appraisal Sys teiii (PAS) for all appointive public 
officers and employees which shall be the basis for incentives, rewards and 
recognition, training and development, personnel actions, and ., adliiinistrative 
. *. 
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A ’  , 
sanctions in a11 departnicnts and agencies. 
. . 
SEC. 112. . 
Peijuriiirziice Appraisal Plnir. - Each department or agency shall 
develop and use one/ or niore appropriate Performance Appraisal Plans (PAP) for tlie 
various groups of positions therein. 
All perforinance appraisal plans shall be in accordance with policies, standards 
aiid guidelines prescribed by the Coiiimissioii. 
Chapter 4. Incentives and Awards 
Snc. 113. 
Re~unrr-Is Sysf e m  - 
The Commission shall promote the 
es tablishinent of a rewards system in the deyartinent and agencies. 
It shall iirclude 
incentives, coininenda tions and awards. The rewards system sliall be granted 
~ndivi~luallp 
or in groups, for outstanding performance, exemplary conduct on tlic job, 
Piye 31 


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iiivcntions, idcx c)r sugptions, superior accoiiiplisliiiients and other extraordinary 
acts or serviccs in thc interes!: of the public. 
Tho Coiiiinission shall cvnlua te the implemciita tion of the rewards system iii all 
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deyar tincn ts and agencies. 
Snc. 114. 
Merit mid Rezoards Plari. - 
Each department or agency shall 
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develop a merit and rewards plan appropriate for its officers and employees 
accordance wit11 policies and s tanclarcis promulgated by tlie Commission. 
Tl'rLE 11 - Persoiiiiel Relatioizs in the Civil Service System 
Chapter 1. I'ersonnel Relations 
SEC. 115. 
Declrzratiori of 
Policy. 
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The Commission shall provide 
leadership aiid assistance in developing personnel relations programs in the civil 
service systein in consultation with public officers aiici employees and/ or their 
organizations wit11 their respective departments and agencies. 
?'he head of a cieyartinent or agency shall be responsible for an effective 
yersoiinel rcla tions yrograni in the department or agency. 
SEC. llG. 
Gricvmrcc n/Iuchirrery. - 
Each departinent or agency of the 
Goveriunent, with the assistance and approval of tlie Coinmission shall es tablisli and 
,acliniiiister a grievaiice inacliinery to yroiiiote wholesome and desirable relations 
aillong .employees aiid bet wcen einployees and inanageinen t. 
Einployees shall have the right to have their grievances adjudicated as 
expeditiously arid as fairly as possible. 
A grievance may be filed by aggrieved employees or Vy* 'the eiiiphyee 
organization to which they belong in accordance with the guidelines issued by the 
Cominissioii. 
SIX. 117. 
Right to Orgnirize. - Goveriinent einployees may form, join or 
assist employee organizations of their own choice for the furtherance and protection of 
their iiiteres ts. 
Governmeiit einployees may also form, in conjunction with 
appropriate governinent authorities, employee management committees, work 
councils aiici other forms of employee participa tion schemes. 
1-lowever, 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 
ncgo tia tions. 
Public officers and employees whose functions are primarily managerial or 
employee organizations for purposes of 
' 
confideiitial in nature cannot form or join 
collective ncgotiatioiis. 
, 
Pnye 32 


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SEC. 118. 
Protcctioit o j  the Right io Se~-Orgartizntiorr. - Government 
einployecs sliall not be discriinina ted agaiiis t by reason of their inenibership in 
employce organizations or participation i i  tlie izornial aiic~ legitimate activities of such 
orgaiiizakions. Employment in the ,civil service system sliall not be subject to the 
condition that the individual shall not forln or join any eii1ployee's orgaiiizatioiis. 
Management shall 110 t interfere in the establishment and adininis tration of 
governinen t employee organizations. 
Chapter 2. Employee Organization 
SEC. 119. 
Registratioii of RLzirk-uitd-File Eiizployee Orgaizizatioirs, - Rank- 
and-file employee organizations shall register with the Coininissioii in accordance 
with the implementing guidelines to be proinulgated by the Coininission. 
SEC. 120. 
Sole arid Exclrisive Eiizyloyee Orgurzizatiorr. - The duly registered 
employee organization in aii agency that has the support of the majority of the total 
rank-aid-file employees, shall bc accredited by the Coiiiinission as the sole and 
exclusive eiiiployec representative. In cases when there are two (2) or inore registered 
employee organizations in an agency, the Coiixnission, upon petition, shall conduct a 
certification election and sliall certify the einployee organization who garizered the 
inajori ty vote as the sole and exclusive representative of the rank-and-file einployees 
in the said agency. 
For this yurposc, an ageiicy shall refer to ail office which has its own budgetary 
allocations as provided for in the General Appropriations Act, specifically its Table of 
Con tents , 
' 
SEC. 121. 
Accrediiutioii ufE'riiy/oyec ret€eratiorr iii  it ~gii?t& - liegis terecl 
employee organizations wit~iin a given agency may federate and sliall be accredited as 
the sole and exclusive bargaining represeiitative of tlie eiiiployees; Provided, its 
aggregate total inembership constitute the majority of the total. rank-and-file 
employees in the agency. 
S~c.122. 
Collective Negotiations. - Except those that are fixed by law, 
terins and conditions of cinploymeiit in tlie goveriuiient service may be the subject of 
collective iiego tiatioris be tween duly accredited employee organizations and tlie 
approyria te governiiieii t authorities. 
Collective negotiations agreements shall be registered with the Commission. 


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Cliayter 3. Setllement of Disputes 
SEC. 123. 
Definition of terms. - For purposes of this Code, the following 
terms sliall be clefinccl as follows: 
A. 
Ar*bifiurI.ioir - refers to the process where,by 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 disputels where both parties 
agree to submit tlie 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 sliall be final and binding on the coiitendiiig 
parties. 
2. 
Coiiipulsory - a method resorted to when the dispute has become 
Iiardenecl and irreconcilable aid reiliains unresolved after 
exhausting all tlie available reiiiedies under existing laws a i d  
procedures. 
I3. 
Comiliatioir - refers to the process whereby a third party (conciliator) 
brings the disputing parties together, encourages them to discuss their 
differences aiid assists them in developing their own proposed solutions. 
C. 
i'kIcrlinlioir - refers to the process whereby a third party (mediator) is 
inore active in assisting the dispu tiiig parties reach acceptable solutioiis 
to t~ie probleiri/s and help tliem develop or come out with an acceptable 
solution. Tlie mecliator may submit proyosal/s for tlii settlement of 
clispu le. 
/ 
SEC. 124. 
Settleirrerit uf Oisyiites Within Aii Agency. - Disputes within 
employee organizations, be tween and among employee organizations, aiid be tween 
einployee organizations ami management sliall be settled tli~&gh coiicilia tion, 
mediation and arbitration. 
The Commission shall be responsible in'. providing 
conciliation ' and mediation services. 
In case any dispute remains unresolved, the 
Commission sliall certify the same to the Public Sector Labor Management Council 
(PSLMC), which shall resolve a i d  settle it within the period of sixty (60) days from 
receip t thereof. 
However, tlie parties may opt to submit the issue for voluntary arbitration, the 
decision of whicli slid1 be final and unappealable. 
Chapter 4. Public Sector Labor-Management Council 
Ssc. 125. 
Piiblic Sector Laboi.-Mannger~zeiit Cairiicil (PSLMC). - Public 
Sector Labor-Manageii~ent Council (PSLMC) is hereby coiisti tuted to be composed of 
tlie following: 
ZJqe 34 


. 
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(a) 
Clic?ii*pci-soii, 
Civil Service Commission - Chairperson; 
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(c) 
Secretary, Deyartmeiit of' Fiiiaizce - Member; 
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Secretary of Justice - Member; 
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'I'lle PSLWIC inay deyu tize public officers and einyloyees of the 
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Commission and of o tlier deyar tinents and agencies to iiivestigate a i d  hear 
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cases brought before it for arbitration. It inay likewise deputize any national or 
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local law enforcement agency or instruinciztality of tlie goveri-trneiit which shall 
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act under its direct and iiiiinediate supervision, to enforce and execute its 
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decisions, orders, and rulings. 
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(a) 
Ui-dair public sector labor and inanagement prac tice; 
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Representation issue; 
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(f) 
Inter-employee orgaiiiza tioii dispute; 
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Intra-employee organization dispute; 
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(1.1) 
Employee organization election of officers; 
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Disputes on issues resulting froiii the implementation of tlie provisions 
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of Collective Negotiations Agreement; and 
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Otlier analogous acts as may be determined by the PSLMC. 
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These cases may be referred to the PSLMC by.any of the parties to the 
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disyu te or the PSLMC inay, riiufii pr'upriu, take cognizance of tlie same whenever 
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tlie interest of the service so deiiiancis, 
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(b) 
Secretary, Department of Labor and Eiiiployiiieiit - Vice Chairperson 
(e) 
(f) 
Secretary, Department of Budget and Management - Member; aiid 
One (1) eiiiployee representative each from the Natioiial Goveriinient 
Agencies (NGAs), the Government-owned and Controlled Corporations 
(GOCCs), tlie Local Governinelit Units (LGUs), and the, State Colleges 
and Universities (SUCs), to be cliosen by tlie einployee organizations 
'I'he cx-officio iiieiiibers inay designa tc their permanent a1 ternates wlio 
hold positions not lower than an assistant secretary or its equivalent. 
The eiiiployee representatives, wlio inay also designate their perinanent 
alternates, shall serve for a term of two (2) years or until their successors shall 
have been appointed or elected. 111 no case, however, shall anyone of theiii 
serve uncler kiolctover capacity for more thaii one (1) year. 
The PSLMC shall iinplement and administer the provisions of this 
For this purpose, the PSLMC shall promulgate the necessary rules 
Chapter. 
and regulatiwns to iiiipleiiient this Chapter. 
SEC. 126. 
Origiiial arid Exclusive Jiirisdictioii of the PSLILlC. - The PSLMC 
sliall have original aiid exclusive jurisdiction to hear and decide the following cases: 
d 
.. ?. . 
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(c> 
(cl) 
(e) 
Disputes arising in the course of the conduct of collective iiegotiatioiis; 
Disputes on issues resulting froin the imylenienta tioiz of the grievance' 
Deteriiiiiiation of the presei-tce or absence of a strike; 
(i) 
(j) 
When the iliain issue of a particular case is the consequence of a strike or 
otlier concerted activities and the PSLMC has already assumed jurisdiction over 
the same, no achii-tis trative or disciplinary action shall be iristituted by the 
I 
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aguiicy CC~LI~CTI.I(:C~ against any employee involved tlicrein until [lie final 
resolution of the case. 
SK. 127. 
Ui$irir Public Sector Labor aird Mairageiireirt Practice. - The 
following shall constitu tc unfair public sector labor and inanageiiient practice on the 
par1 of tllc ngc11cy: 
(a) 
Interfering wi tli, res training or coercing employees in the exercise of 
their riglit to self-organization; 
(b) 
Requiring as a conditiun of einployinent that an einployee shall not form 
or join aii employee organization or shall withdraw froin one to which 
he/she belongs; 
(c) 
Discriininating in regard to work schedules, places of assignment and 
other terms and coiiditioiis of employment in order to encourage or 
discourage inernbership in any employee organization; 
(ct) 
'l'eriiiina ting the services or discriminating slgains t any einyloyee for 
having sigiicd or filed. ai1 affidavit, petition or complaint or given any 
inforination or testimony against the head of the agency or members of 
toy mana~;clllent; 
(e) 
Refusing to collectively rtegotiate in good faith with the accredited 
eiiiployec organization; 
(f) 
Violating any of the provisions of the Collective Negotiation Agreement; 
and. 
(8) 
The following shall coiistilule unfair public sector labor a i d  inanageinent 
OLhcr anaIogous acts as may be deteriniiied by the PSLMC 
yrac tice on tlie part of the employee organization: 
(a) 
~ies 
training or coercing any employee to form or~'joki an employee 
organization or its activities. Einployee organization shall have the right 
to prescribe its own rules on the acquisition or retention of inembersliip; 
(b) 
Causing or attempting to cause the agency head or other officers to 
discriminate atr;ainst an eiiiyloyee who has not joined or has withdrawn 
mentbership from the employee organization; 
(c) 
liefusing to collectively negotiate in good faith with management; 
(d) 
Violating any of tlie provisions of the Collective Negotiation Agreement; 
and 
(e) 
Oilier analogous acts as may be determined by the 13SLMC. 
The heads of offices and the other officers of the agency as well as officers and 
inembers of an employee organization, who participate in or authorize an unfair 
public sector labor and inanagement practice shall be held administratively liable and 
sliall be iiiiposed a iine of not less than PlO,OOO.OO, or suspension not exceeding one 


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year, or both for such pnrticijmtion or p
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of authority without prejudice to civil and 
criminal I iability. 
Src. 128. 
Writ u l  Pwliirziiiiwy lrijzrrictiorz or Tciriporury Rest-raiiiirig Order. 
- Uie PSLklC, alter notice am1 hearing, may issue a writ of preliiniiiary injunction or 
teinporary rcstraining order which shall not last for inor? than twenty (20) days froin 
issuaiice thereof when, on the basis of the allegations iii the petition, it is established 
tlia t the acts comy1nineLi of involGing or arising froin any employee-inaiiagereiit 
dispute, if not restrained or perforined iininedia tely, inay cause grave or irreparable 
injury to any party or render ineffectual any decision of tlie PSLMC in favor of such 
pa 1‘ b y ,  
Tlie PSLMC shall require the petitioner to post a bond and the writ of 
preliiiiiiiary iiijunc tion or teiiiporary res training order shall become effective only 
upon the approval of the bdiid which shall answer for aiiy clamage that inay be 
suffered by the party enjoined if it is finally deteriniiied that tlie petitioner is not 
entitled tu h e  ancillary relief prayed for. 
Snc. 129. 
Grorriids fur Coirfeiiiyt. - The PSLMC inay cite a person for 
contempt on any of tlie following grounds: 
(a) 
Disobecliciicc or resistance to a lawful order, decision, ruling, summons 
or subpoena or aiiy other issuaiice of the PSLMC; or 
(b) 
Uiilawful interference with the proceedings of the PSLMC, improper 
conduct tending directly or indirectly to impede, obstruct, delay or 
hamper the iirqAementation of any order, decision or ruling of the 
1 5  LbI c. 
The person so cited for contempt whether direct or indirect shall be punished 
by a fine of not inore tlian P1,OOO.OO for every act of contempt. Each day of defiance or 
disobeclieiice or lion-edorceineiit of any issuance of the PSLMC as mentioned shall 
constituk separate acts of conteinpt of the PSLMC. 
/ 
....e.* 
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SEC. 130. 
PSLMC Decisioiz. - 
’Decisions of the PSLMC are final and 
executory unless a motion for reconsideration is filed by the aggrieved party within 
fifteen (15) calcnclar days froiii receipt of the decision and only on the basis of palpable 
or patent errors. 
The PSLMC shall not entertain aiiy second inotioii for 
reconsidera tion. 
Decisions of tlie PSLMC may be elevated to the Court of Appeals. 
Chapter 5. The Right to Strike 
SEC. 131. 
Right to Erzgage irr Strike, - The right of the duly accredited 
employee organization to s trilie, consistent with national interest and public service, 
shall be recognized and respected: Provided, the striking organization shall ensure an 
efkc tive skeletal workforce whose movement and services shall not be hampered or 
..; 


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rcstrictcii as arc ncccssnry to guaraiitcc the proper and aclequa tc delivery of public 
service. 
111 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 liinita tioils herein provided. 
SEC. 132. . 
1/Vlzo Cali Strike. - Rank-and file einployees of the agency where 
the accredited einyloyee organization belongs may join the strike subject to the 
provisions of this code. hiployees who join the strike shall not be entitled to payment 
of salary for the period that they are on strike. 
SEC. 133, 
Goveimrcrit Eiriyloyees Who Are ,Prohibited to Strike. - The 
following are not allowed to strike due to exigency in public service, public safety and 
national interest: 
Defense aiid security services including officers and employees 
beIonging to the Armed Forces of the Pliilippines (AFP), police, fire 
protection, jail inaiiageinent and those engaged in the custody of 
yrisoiiers aiid de taiiiees; 
Medical and allied services including doctors, iiurses, medical therapists 
and paraiiidics; 
Public utility services such as power and water supply, transportation, 
air traffic controllers, radar and radio controllers, lighthouse keepers 
and harbor pilots; and 
Other analogous services to be determined by the Coininission taking 
into consideration public service and national interest. 
SEC. 134. 
GwiirriIs for Sfrikc. - A strike may be declared on the following 
f 
grounds: 
...?. 
L . .  
(a) 
Unfair public sector labor and inanagciiient practices corninitteil by 
niaiiagement as provided for in this Code; 
(b) 
Misiiianagement or abuse of the inanagement of the agency; and 
(c) 
Graft and corruption. 
Snc. 135. 
Nofice ofDisyufe. - The existence of a dispute which may be the 
ground of an impenciiiig 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 
mine for voluntary arbitration. 
In either case, the notice of dispute must be in 
accordance with the requirements' and procedures as inay be prescribed by the 
Coininission which shall settle the dispute within sixty (60) days from date of receipt 
of tlie said notice. 
In cases when the parties opt for voluntary arbitration, tlie 
agrcement thereof shall be final and executory between the parties concerned. 
, 


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SEC. 136. 
CerYificrifiorr lo flrc I?XMC, - ln the event the dispute is not 
settled. wi thin tlic sixty (GO)-ciay 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. 
Iieijiiiiwirciit of Strike Vote aid Notice #tu 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-aid- 
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 1-10 strike shall be held. Oiily disputes or issues raised in the said notice shall 
be the suL3ject of.the strike. 
SEC. 138. 
Reriiediiil Rctioirs 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 ordcr to prevent the impending strike. 
When tliere 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 teturn-to-work order shall have the effect of 
automatically stopping the strike. 
For this purpose, the contending parties are strictly enjoined to coinply with 
such order as are issued by the PSLMC, under pain of disciplinary action. 
SEC. 139. 
I’rolribifed Activities. - 
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. 
No person engaged in the strike shall coininit 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. 
, 
” 
.%N 
.1 L 
No person sliall obstruct, impede, or interfere with, by force, violence, 
coercion, threats, or intimidation any peaceful strike, or shall aid or abet 
such obstruction or interference. 
No einployee 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; 
No employee organization may go on strike without ensuring and 
maintaining an effective skeletal force. 
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l3001< 117. 
1’EltSONNlIL UlINEFl’l’S AND Pl~lVILEGES, DAYS AND I-10UlZS OF 
WORK AND OFFICIAL IUXORDS 
l‘ille I - 1’ei:soimel Benefits and Privileges 
Chapter 1. kleallli and Other Services 
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SEC. 140. 
Policy. 
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The health, welfare, safety and security- of every 
personnel in the civil service system shall be the concern of the goveriiiiient. To this 
end, a comprehensive occupational health program including medical, dental and 
other heal tlz services shall be established, maintained, and inade accessible for a11 
prsoiiiiel in the civil service systein. 
Each departinent or agency shall make 
provisions ou t of their existing budgets for personnel health, welfare, inedical and 
counseling services and leave benefits and promote and develop occupational safety, 
sports aiicl recreation programs and similar services. 
SEC. 141. 
Sizfety a i r d  Accideirf Preueirlioir. - Each department or agency 
shall develop and maintain a continuing occupational safety arid accident prevention 
program for its personnel. 
SEC. 142. 
PersoirrteZ Coirirseliiig. - Each department or agency shall provide 
ycrsonnc.1 co~~nseling 
scrviccs, includiiig pre-retirement counseling. 
See. 143. 
lJcrsuii/zcl Reci*eal-iorr. - Each department or agency shall provide 
facilities for sports, recreational and cultural activities and shall encourage voluntary 
personnel participation. 
Chapter 2. Leave Benefits 
, , .  , ’ 
,.r.?-.- I 
SEC. 144. 
Eirtitleiiieir t to Leave Privileges. - Appointive personnel of the 
government, whether permanent, temporary, contractual or casual as well as elective 
officers, who reiider the required iiurnber of office hours shall be entitled to an annual 
fifteen (15)-clay vacation anct fifteen (15)-day sick leave with full pay exclusive of 
Saturdays, Sundays, anct public holidays. 
Sec. 145. . 
Leave of Absericc of Part-tiiiie Persorrrrel. - Public officers and 
employees rendering service on a part-time basis are entitled to vacation and sick 
leave benefits yroportiona tc to the iiuiiiber of hours they served. 
SEC. 146. 
L e m e  of Abseirce of Persorzizel on Rotatian Basis. - Public 
officers and employees on rotation basis shall be entitled to vacation and sick leave 
corresponding to the lcngtli of service they rendered. 
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SEC. 147. 
I:'oi~~er~~~lcitrria~or'~ 
Vaciitioii Lcrrva - All aypointivc and elcctive 
public officers and eiiiployecs of tlie governinent with ten (10) clays or inore vacatioii 
leave credits s11aII be required to go on vacation leave ,tvhetlier continuous or 
intermitLciit for a Iiiiniirium of five (5) working clays annually. 
I_l- 
SEC. 148. 
Accrriirirliitioii arid Coiiiiiiiitatioii of Leave, - Vacation and sick 
leave shall bc cuinulative and comiiiutative. Except for personnel covered by special 
laws, conuiiu tation of leave credits shall be exclusive of Saturdays, Sundays and 
1 io 1 icia y s . 
Public officers and employees wliose off-days do not fall on a Saturday or a 
Sunclay shall have their leaves of absence coiiipu ted exclusive of their off-days. 
SEC. 149. 
Relrabilihztiori Leave. - Qualified public officers and employees 
are entitled to reliabilitatioii leave for illnesses and/or injuries which are job-related or 
which resulted from or was aggravated by their working eiivironment. Such leave, 
which slwulci not exceed six (6) Iiioriths, shall be with full pay and benefits and shall 
Iiot be charged' against accumulated vacation or sick leave credits of the personnel 
The cost of initial medical , expenses such as emergency/ paramedic 
services and initial aiiibulance or transpori services sliall be borne by the agency of the 
public officer and eiiiyloyee concerned. Substantive and long term medical expenses 
for therayeu tic a i d  reliabilita tion purposes shall be borne by the Philippine Health 
Insurance Corporation; the Eiiiployee Coinpensation Cominission (ECC) and the 
Goveri-uiient Service Insurance System (GSlS) as the case may be and whenever 
applicable. 
; 
'.:. coiiceqnecl. 
SEC. 150. 
Tesi~lzers' Leiivc. - Other than those designated for continuous 
duty and tliosc covered by special charters, schoolteachers in government elementary 
and secondary schools shall be entitled to vqcation pay. They shall be entitled to 
service credits for services rendered during the vacation period, including Saturdays, 
Sundays, and holidays, in accordance with tlie rules and regulatioiis prescribed by the 
Commission. 
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Tcacliers shall also be 'entitled to annual seven (7) days sick leave, which shall 
be lion-cuiiiula tive and non-coiiiinutative. 
SEC. 151. 
Leave uf Eleclive Officers. - All elective officers shall be entitled 
to leave credits granted to appointive officers a i d  the cuinulation and cornmutation of 
the inoney value thereof. 
SEC. 152. 
Leave Credits of Public Officers and Eiiiyloyees Covered by 
Special Leave Laws. - The leave credits of the following personnel are covered by 
special la tvs: 
(a) 
Jus~fes 
of the Supreme Court, Court of Appeals arid Sandiganbayan; 
-r 
(b) 
Juilges of Regional Trial Courts, Municipal Trial Courts, Metropolitan 
Trial Courts, Court of Tax Appeals and Shari'a Circuit Court; and Sliari'8 
District Court; 
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(c) 
‘l’he Chairyerson ancl Corumissioncrs of the Coiisti tutional Commissions; 
(cl) 
(e) 
Filipjno pcrsc.:iiiiel in the Foreign Service; and 
Otlicr ycrsonnel covcrecl by special laws. 
SEC. 153. 
Matewify Leave. 
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Woinen in the government service, of 
wliatever civil and einployinent status and regardless of length of service shall, in 
addi tioit 10 the vacation and sick leave g.ranted them, be entitled to maternity leave of 
sixty (GO) calendar days for norinal delivery and seventy-eight (78) calendar days for 
delivery by caesarean section for the first four deliveries or miscarriages. 
SEC. 154. 
Pakhzity Leave. - A married inan in the government service 
shall be entitled to paternity leave of seven (7) working days for the first four {4) 
deliveries or niiscarriages of his legitimate spouse with whom lie is cohabiting. 
?‘he paternity leave shall be non-cuinulative and non-coininu ta tive. 
SEC. 155. 
AtJoytioir Lenve, - 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 manlier herein provided: 
(a) 
Married iidividuals who are both in government sliall be entitled to 
thirty (30) calei-tdar days for the adoptive inotlier and seven (7) calendar 
days for the adoptive father. 
(L?) 
Solo parents of whatever gender or civil status shall be entitled t s  thirty 
(30) caleiidar days. 
Availmcnt ol adoption leave s l d l  coininence froin 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 dial1 be noli-coiiimu ta tive and non-cumula tive. 
.*>* 
. 
SEC. 156. 
P a w i t d  Leavefur Solo Pareirts. - 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 sliall be noli-coiiiin~t tative and non-cumulative. 
Sec. 157. 
Special Leaves - Government public officers and einyloyees, 
except those covered by special leave laws, are entitled to special leaves, to mark 
personal miles tones 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-commu tative and non-cumula tive. 


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SIX. 158. 
S h l y  Lcrzve rwi2 Snlibaficd Le~zve. - QualiIied public ofliccrs 
and employees iiiay be granted study and sabbatical leave, subject to the rules and 
regu~ations proiiiulga tecl by the cdmmission. 
SEC. 159. 
Coiiiiriietatioii 
mid Moiietizatioii , of 
Leave 
Credits. 
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Accuiiwlated leave credits can either be coiiiiiiuted or inone tized subjec.t to the rules 
and regulntioiis prescribed by the Commission. 
SIX. 1GO. 
Effect of Reeiiiyloyiiierit uii Coriziiriited Lcave. - Public officers 
and employees whose leave cxedi ts have been coiiiinu ted following their separation 
frmi the service and were thereafter reeinyloyed may refund the money equivalent of 
tlie unspent portion of the commuted leave credits. In all cases, leave credits start 
froiii zero balance. 
SEC. 161. 
Trarrsfer of Leave Credits of Appointive Pcssoiriiel a i d  Elective 
Officers. - When appointive public officers and einployees transfer horn one entity to 
another, tliey can Iiave their accuinulated vacation and/ or sick leave credits 
coi~iinu 
tecl or transferred to their new office. 
Tl~c second. option can only be exercised by tlie personnel concerned when 
I-lowcver, a gap of not more tliaii one (1) iiionth 
there are no gaps in tlicir service. 
iiiay be allowed provided same is iiot due to the fault of the personnel concerned. 
The abovetiieiitioiiecl options of coininutation or transfer of accuiizulatecl leave 
credits can also be availed of by an elective officer assuming another eIective post. 
,However, these options are not applicable to the transfer of Armed Forces of the 
Philippines (AFP) uniforined personnel to civilian positions. 
SEC. 1G2. 
Prescriyf-ive Periodfor Trairsfer of Leave Credits. - The option to 
transfer accuiiiulaled lcave credits can be exercised within one (1) year only froiii the 
effective date of transfer of the appointive pcrsoniiel to tlieir ne-w -office, or to the 
assumption of the clectivc officers in tlieir new post. 
z 
Src. 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. 
Snc. 164. 
Terriiiiiizl Leave. - Termilia1 leave refers to the total accumulated 
leave credits of personnel, the money value of which shall be based iiot necessarily on 
the latest salary rate but on the highest salary rate received at any time during the 
period of eiiiployri ten t in tlie governiiien t service. 


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Src. 165. 
Payriierit of Retireriieiit Beirefits on tlie Day of Retireiiterrt. - All 
personnel are entitled to rcccive their retirement benefits provided for under existing 
laws on tlic day of tlieir rctircnieiit. l'he last agency-eiiiyloyer shall eiisure that all the 
retirement documents are in order six (6) 
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 inoiitlis prior ,to the retireinent of the said 
personnel. All coiicerned ageiicies of the governinent shall render assis tame in this 
regard. 
All public officers and employees with pending administrative, disciplinary 
cases who were cvenlually exonerated or cleared therefrom shall be entitled to 
payment of retirement beliefits iinrnediately a day after the promulgation of the 
decision. 
SEC. 166. 
Rate of hrterest for. Delay iii Payrizeiit. - Should the retiree, 
~lirough no fauIt of his/her own, fail to receive the benefits on tlie day of retirement, 
the smie sliall earn interest at the prevailing legal rate. 
' 
'1'1~ rekireinent benefits of those who were eventually exonerated or cleared 
froin aclniinis tra tive, disciplinary cases sliall likewise earn interest at the prevailing 
legal rate computed froin the date of retirement to the date of yroinulgatioi~ of the 
d ec is ion. 
SEC. 167. 
Lii7bilityfur Delay. - Agencies or their personnel who caused the 
delay in tlie retiree's receipt of retirement benefits shall upoii coinplaint of the retiree 
or the S L I C C ~ S S O ~  
in interests, be liable for the payment of the interest inentioned in the 
iiniiiediately preceding Section. 
This is without prejudice to the filing of 
admiiiistra tive and criiiiiid cases agairis t the personnel responsible for the said delay. 
Complaints against delays in the release of retirement benefits shall be filed 
with the Coinmission within one (1) year froin the date of retirement. 
I .  
The Coininission shall proiiiulgate rules and inechanisins ' to eidorce this 
p r ov i s io n. 
Title I1 - Official Records and Worlc Days and Hours 
Cliayter 1. Persoiiiiel Records Inforiiiation Systeiii 
SBC. 168. 
Policy. - A go-veriuneiit-wide personnel records systein shall be 
established, administered and maintained by the Commission. 
Each department or agency through its human resource management office, 
sliall establish, inanage and niaintaiii personnel records and statis tics of all its 
personliel. 
SEC. 169. 
Records of EiiipZoyineizt. - The Coininission shall keep and 
maintain official records of all elective and appointive yersoiuiel regardless of their 
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Chapter 2. Work Days and Hours 
SEC. 170. 
Obseruaizce of Work Days and Hours. - It shall be the duty of 
each head uf agency to require all personnel to strictly observe tlie prescribed office 
hours arid to wear identification cards, nainepla tes or the like bearing clearly and 
legibly their respective niliiies and positions when dealing directly with the public in 
the perforiiiaiict! of their respective duties or whenever they are within tlie premises of 
tlie office. When the head of ageiicy allows government personnel to leave the office 
during office liours and not for official business or official time, the same shall be 
reflected in their time rccords aid charged to their vacation leave credits. 
Snc. 171. 
Daily liecord of Atteirdance. - Each head of departinent or 
agency shall require a daily record of attenciance 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 buncly clock or any mechanical, electrical, or electronic 
device. 
Service ”in the field” or ”c)n board a vessel” shall refer to service rendered 
outside the office which is the usual place of work. 
SEC. 172. 
Recordiiig of Atteirrlatrce by Seirior Piiblic uflicers. - Agency 
heads, third level yositioiis shall record times of arrival at and times of departure froin 
official .worltst.ations. Alwnces froin oflice shall likewise be properly recorded in tlie 
agency . 
Snc. 173. 
Liirbilitics. - Falsification or irregularities in the keeping of time 
recorLis w ill render tile personnel concerned adiiiinistrativeIy IiabIe*+iitIiout prejuclice 
to criiniiial prosecution as the circumstances warrant. 
SEC. 174.. 
FoiTy Iiorrr Wur.lczoeelc Reqrrireiizerrt. - 
Personnel of 
all 
clepartments and agencies except tliose 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 froin eight (8) 0’ clock in the morning to twelve (12) o’clock 110011 
and from one (1) o’clock to five (5) o’clock in tlie afternoon, all days except Saturdays, 
Sundays, and Iiolidays. Nowever, in tlie interest of the service, heads of agencies, 
particularly those with frontline services, shall adopt measures to ensure that 
continuous service is available even during tlie 12:OO noon to 1:00 p.m. period. 
. 
In tlie 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 nuinber of working days less than the required five (5) days may be allowed by 
tlie 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 
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of servicc I'roni ciglit (8) hi ~Iic iiiorniiig to five (5) in the alternoon for the duration of 
the en Lire woikweek. 
SIX. 175. 
Fksiblc Workiirg Iforirs. - 
Flexible working hours sliall be 
eidorcctl subject to the discretion of tlie head of agcizcy. In no case sliall the weekly 
working liours be reduced in the event the agency adopks the flexi-time schedule. In 
the aclop tion of flexi-time, core working hours shall be prescribed taking into 
consiclcration the ncccls of the service. 
Sac. 176. 
Noli-regirlnr Workiiig IIorrrs. - A work schedule that deviates 
from that which is provided in Section 175 hereof or that whiclz extends well into the 
night imy also be allowed upon the discretion of the head of office, the need of the 
service, or the lied th and welfare of the personnel concerned; Provided, that the forty 
(4O)-liour workweek exclusive of meal time, will not be reduced. 
Snc. 177. 
Flexible Worlciirg Place. Public officers and employees may be 
allowed to work away from their official work stations subject to the discretion of tlie 
head of agency and the nature of the functions of their positions. The Coiiinzissioii 
shall issue the rules am1 regulations tu govern the adoption of a flexi-work place. In 
iio case shall the adoption thereof affect tI-ic availability and the accessibility of 
goveriin~cii 
t swvicos. 
Sac. 178. 
Persolis iri the Teizchirzg Service. - All persons in the teaching 
service, priiiiary and secondary levels, arc covered by the forty (40)-liour work-week 
requirement and shall render not iizorc than six (6) hours of teaching load every school 
day. 
SEC. 179. 
Pefurrirnirce 01 Duties iri Excess of Forty I1our.s of Tliose in 
Syecinl Occrrynliorid Grorrys. - When the nature of duties to be perforined or the 
interest of the public service so requircs, the head of department or agency imy 
require any or all of tlie persomiel LO work in excess of the foft"E;&(J;O) 
hours, 011 
Saturdays, Sunclays and public holidays, with either additional compensation or 
comyensa tory time/ days-off; or the accumulation of leave credits. 
SIX. 180. 
Coriiperisatioit iur' ilzitliorized Work Beyoiid Forty Nours. 
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When tlie interest of public service so requires, the daily hours of work for personnel 
' iizay be cxtenckd by the head of the agency concerned, which extension shall be fixed 
in accordance with the nature of tlie work. Provided, that work in excess of forty (40) 
hours a week iiius t be properly coinpensated by payment of overtime whenever funds 
are available for the purpose or through the grant of compensatory time or day/s-off 
or tlirough the accumulation of leave credits. 
SEC. 181. 
Coiiiyeirsrrtory Time or Day/s OjJ - Grant of compensatory time 
OP clay/s off shall be allowed for overtime services rendered subject to tlie rules to be 
proinulga ted by the Coinmissioii. 
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Clia pl er 2, Disciplinary J ririsdiction 
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See. 183. 
Oriyiirnl Jiirisdictiurz. - The heads of departments, agencies, 
bureaus and ins trumeni.alities of Ilie iiational government, constitutional offices, tlie 
proper clisciyIiniiig authority of state universities and colleges, government-owned 
a d  -controlled corporations with original charters or created under special laws, and 
local govenunent units. 
They shall also retain original jurisdic tion over public officers and einployees 
wlio are already separated froin the service but who, while still in tlie service 
roiiimitteci a i  offense. 
SEC. 184. 
Origirial Jurisdiciioii of the Corrrrizissioit. - The Commission shall 
have exclusive adininis trative disciplinary jurisdic tion over its public officers and 
employees. ~t s1ia11 have coiicurreii t original disciplinary jurisdictibn over public 
officers and eiiiployees of tlie departments, agencies, bureaus, state universities a i d  
colleges, governiiieiit-owiiec~ and -controlled corporations with original charters or 
created uiider special laws, local governinent units. 
The Commission may, uiutu I.iruprio, initiate the investigation and filing of 
actiniiiistra tive charges against public officers and employees who violate the 
provisions of this Code and otlier pertinent civil service laws, rules and regulations. 
For this pu~p,ose, tluc Coinniission sliall conifuct fact-findiiig investigations and require 
through the issuaiice of subpoena rfirces feciiiii and similar processes the produc tion of 
government recorcls necessary to resolve the case. 
Ssc. 185. 
0 r i g i . d  Jiisisrliction of Bureau or Deyartriierrt-wide, Regiorial 
Oflice ?i-IeniJ. - The heads of bureaus or depar trnent-wide regional offices shall have 
disciplinary jurisdiction over offenses committed by their; subordinate public officers 
and einployees. 
I 
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Chapter 3. Procedures in Disciplinary Cases 
SEC. 186. 
Coriirireirceiiieiit of ArJiiriiiis frntiue Proceediirgs mid Aiiswer. - 
(a) 
Administrative proceediiigs may be commenced iizatu pruyrio against a 
subordim tt public officer or einployee by the proper CIiscipliiiing 
authority or head of department or agency or upon a sworn written 
coinplaint of any other person. The complaint shalI be accoinpanied by 
sworn stateinents covering the charges and those of the witnesses 
together with documentary evidence, if any. 
(b) 
On the basis of tlie sworn written complaint and supporting payers filed 
by any other person, the disciplining authority shall require the person 
coinplaiiied of to explain why no administrative case sliould 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 
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lurnisliccl with copics of the complaint, sworn statcnicnts and other 
cloc u me 11 ts s u bmi t t ecl . 
(c) 
111 aclministrative proceedings initiated by the disciplining authority or 
Iic-,aci of a clepartinent or agency, the forinal charge shall be issued only 
after tlie clisciylining authority finds a prima facie case in accordance 
with the provisions of this Code. 
Snc. 187. 
Isstmice of a FomraE Charge. - The formal char@ shall state the 
specifications of tlie offense aiid sliall require the respondent to subinit an answer in 
writing a i d  under oath together with supporting sworn statements covering his/her 
defense and those of witnesses together with the documentary evidence, if any. The 
respondent slia11 be allowed at least seventy-two (72) hours but not more than five (5) 
days from receipt of the forilia1 charge to subinit an answer and the affidavits of the 
witnesses, if any, and s l d  be informed of his/her right to counsel and to indicate 
wlie ther or not lie/ she elects a forinal investigation. In cases when the respoiident 
submits a y u c s t  lor clarification, a bill of particulars or a motion to dismiss which are 
obviously ciesignecl to delay the aclministrative proceedings, the same shall be 
considered as ansm7er. 
Sec. 188. 
ForriiaZ Irivestiyul-iorr. - 
(a) If the respunclent has elected a formal investigation, the disciplining 
autlwrity or the duly authorized representative shall conduct the formal 
investigation with a notice issued within five (5) days froin receipt of the 
answer. 
(bj Complaiiiant and respondent may avail theinselves of the services of 
counsel and limy require the attendance of witnesses by sii6yaeizn Im 
iesl$cmidiirri 
and the produc tion of documentary evidence through the 
coinpulsory process of subpoena dzrces feciiirz. 
r 
(c) 
Even if tlie respondent does not request a formal investigation, such 
invcstigatioii shall be conducted when, on the basis of the degatioiis in 
the complaint and tlie answer of the respondent, including supporting 
clocuiiients, the merits of tlie case cannot be decided judiciously without 
conducting such investigation. 
(d) 
The forinal investigation shall be coinmenced not earlier than five (5) 
days nor later than ten (10) days froin receipt of the respondent's answer. 
l'hc iiivcstigation shall be conducted to ascertain the truth without 
s trictiy adhering to tecliiiical 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 incritorious cases. 
a 
(e) 
The direct evidence for the complainaiit 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 
ui?available at the tiine of the fifing of the complaint or answer, up011 
Pflge 49 


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SEC. lb9. 
l<cpoi*f ofliiuesfip~fiorr iuid Record of Case. - The hearing officer 
sliall submit to tlic disciplining authority the report of investigation within ten (10) 
days froin the termination of the investigation. The repQrt shall contain the filldings 
aiid recoiiimencfa tioiis together with tlie complete record of tlie case wliich shall be 
properly a i d  securely bouiid, all pages iiuinbered coiisecutiveiy, and with a table of 
conten 1s. 
SK. 190. 
Dccisiori. - The proper disciplining authority ' shall render a 
decision within the period a n ~ l  
in the form and content as provided for in this Code. 
SEC. 191. 
Preueritive Szrsyeiisioir. - Notwithstanding. any provision of law 
to tlie contrary, the proper disciplining authority inay preventively suspend a 
respondent foriiially charged with dishonesty, oppression, grave iniscoiiduc t, gross 
neglect in the performance of duty, if there are reasons to believe that respondent is 
guilty of the charges wliicli would warrant removal froin 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 aiid 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. 
LifLiq 
of Preuerilive Siisyeirsiorr Beiidirrg Adirriirist-Wive 
Iiivestigdiori. 
Wlicn the adininis trative case against the respondent under 
, preventive susyeiision is riot decided by the disciplining autliori ty within the period of 
ninety (90) clays after the date of suspension, the respondent shall be autoinatically 
reinstated in the service; Provided, that when tlie delay in the disposition of the case 
is due to the fault, negligelice or petition of the respondent, the period of delay shall 
not be iiicludecl iii computing the period of suspension herein provided. 
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Chapter 4. Decision 
SEC. 193. 
Wlrerr fo Reirrlei* Dccisioir. - The proper disciplining au tliority 
exercising original jurisclic tion and those exercising appellate jurisdiction shall render 
their decisioiis within sixty (60) days froin the date of the submission of the case for 
decision. 
SIX. 194. 
Forw m i d  Coriteirt of Decisiorr. 
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clesignakd as such and uxicler the signature of the proper disciplining authority, shall 
contain the charge, the naiiie of the respondent, the position and office of the 
respondent, a brief s ta teinent of the inaterial and relevant facts, findings, offense 
coiiimitted and the penalty imposed. 


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(a) 
A copy of the decision sliall be served on the coriiylaiiiant and the. 
resp~)iideiit klirough their respective counsel, if any, within five (5) clays 
from its prunulgatioii. 
(b) 
Disciplining authorities s l d l  furnish their Superiors with a copy of the 
decision within five (5) days from the date of its promulgation. 
SEC. 19G. 
' Fiiialii-y ufDecisiuii. - 
(a) 
Without prejudice to the power of review by tlie Commission, and its 
powers to decide cases on appeal as provided for in this Code, the 
decisions of tlie heads of departments, agencies, and ins truinentalities of 
the National Governinent and the disciplining authority of state 
universities 
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colleges, 
government-owned 
and 
-controlled 
corporations with origiiial charters or created under special laws, and 
local government units, sliall be final and executory, if the penalty 
imposed is suspeiisioii of not more than thirty (30) working days or a 
fine of not iiiore than thirty (30) working days' pay. 
(b) 
Without prejudice to the power of review by the Cominission and its 
powers to dccide cases oii appeal provided for in this Code, the decision 
of the liead of the burcau OT departrnent-wide regional office sliall be 
filial and execu tory, if [lie penalty iiiiposed is suspension of not inore 
than thirty (30) working days or a fine of not inore than thirty (30) 
working days' pay. 
(c) 
The clccision in a disciplinary case becomes final upon expiration of the 
period wi tlih which to file a iiwtion for reconsideration and no such 
iiiotioii is filed. 
, 
SEC. 197. 
Excciitioii of Decisioii. - 
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(a) 
The decisioiis of heads of agencies and other disciplining authorities 
sliall be iiiiiiiecliately executory upon receipt of a copy thereof by the 
parties coi-tcerned, even pei-tdiiig appeal. 
(b) 
Decisions ol Ll~e disciplining authority in disciplinary cases sliall be 
iiiiinediately executory unless a motion for reconsideration is seasonably 
filed, in which case the execution of the decisions shall be held iii 
abeyance pending resolution of the nio tion. 
(c) 
The filing and pendency of a petition for cerfiormi wit11 the Supreme 
Courr 
sliall not stop the iininediate execution of the decision of the 
Coiiiiliissioii, unless the Court issues a restraining order or a writ of 
yreliininary injunction. For this purpose, no other Courts can issue a 
temporary restraining order or a writ of preliminary injjunctioii against 
the Cominission. 
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Chap k r  5. Adininis kra Live Penallies 
SIK, 198. 
Pcrrrzltics Tlicit M~zy De Iiriyoscd. - I-Icads of dcpartments and 
n1;eiicics niid otlicr cliscil3liniiig authorities may impose tlie penalty of reprimand or 
censure, Tilie in an amount not cxccediiig six (6) iiionW salary, suspension without 
pay for not more ~han one (1) year, clcniotioii in rank or pay, or dismissal froin the 
service. 
SEC. 199. 
Iiiryositiori of I’erralfies. - 
(a) 
, 
In iiieting c)u t punisliiiieiit, the same penalties shall be imposed for 
siinilar offeiises and oidy one (1) penalty shall be iiiiposed in each case. 
In tlie iiiiposition of tliese penalties, tlie disciplining authority shall take 
into consicleration the circumslances which inay either exonerate the 
respondelit froin any liability, iiiitigate or aggravate the offense. 
(b) 
In the iiiiposition of the proper penalties, the adininistratj.ve offenses or 
causes lor disciplinary action mentioned 
categorized into light, less grave, and grave. 
(c) 
Tlie Coimiission sliall prdbiiulgate rules 
classification of acliiiinis trativb offenses into 
and regulations on the 
iglit,, less grave and grave 
and S M I  prescribe the corresboiiding principal and accessory penal ties, ’ 
such as cancellation of eli ibility, forfeiture of retirement benefits, 
disqualification for elitploy f nent, reinstatement or re-eiiiployinent, 
aisqualiIicatioii for yroinoiion a n ~ i  bar froin any civil service 
cxaininn Lion. 
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SEC. 200. 
Effect of RtIiiriiristnzfive Petzalties. - The penalty , of dismissal 
sliall result in tlie separation of the rcspoiident froin tlie service. Disiiiissal shall carry 
with it the cancellation of civil service eligibilities, forfeiture of retirement beiiefi ts, aiid 
clisqu.alification froin employineiit in the governineiit whether appointive or elective 
and disqualification to run for any public office even if the case is pending on appeal. 
, 
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AI though decisions imposing the penalty of dismissal are iminediately 
executory, no permaiient appointinent pending appeal shall be issued to replace the 
dismissed employee. In the interest of the service, however, designation may be 
resorted tu until tlie case is resolved witli finality. 
‘[’hc pciial tics of cieiiwtion, suspeiision aiid fine shall disqualify the respondent 
from receiving certain benefits or froin promotion for a period based on the gravity of 
the penalty imposed in accordance witli the rules prescribed by the Coininissioii. 
SEC. 201. 
Effect of Death 011 Psiidiiig Cases. - Pending disciplinary cases 
shall be deeined tcrmina ted upon. the death of the respondent without prejudice to 
civil action that may be instituted by the governineiit except when the proceedings 
have been coiicluded and tlie case is ready for decision, or when tlie 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 cntitlcd to inoiietary benefits arising out of his employiiient. 
Piige 52 
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Snc. 202. 
Effect of Exoizcrufioiz ami Other Perzalties. - Upon exoneration, 
the respondent shall bc restored to hi,dier former position without loss of seniority 
and otlier i-it;hts or LO il comyarablc or equivalent position in case of reorganization. 
I-lc~ySlw shall also be entitled to payrnent of back salaries and other benefits for a 
period not exccecling five (5) years ii>cluciing the peFiod of liis/her preventive 
suspension. 
Chapter 6. Admiizistrative Remedies 
SEC. 203. 
Ayyenl. - An appeal may be filed with the proper authority 
witliin fifteen (15) days from receipt of the decision, together with a notice of appeal to 
the disciplining autlwrity who rei-tdered the decision. It shall state the appellant's date 
of receipt of the clecision and the date of the resolution on the iiiotion for 
necoiisideration, if any, together with the grounds for appeal aiid the arguments in 
support tliereof. 
SEC. 204. 
Where To AppefiZ. - The apyellaiit inay appeal to the following: 
(a) In case of decisions rendered by heads of deyartiiients, agencies, state 
universities and colleges, provinces, cities and municipalities and 
ins truineiitali ties of the national government and the disciplining authority 
of govcriiiiien t-owped or -controlled corporations with original charters, 
where tlie penalty iinposed is suspension of inore than thirty (30) working 
clays or a fine equivalent to inore than thirty (30) working days' salary, the 
appeal shall be brought before the Coinmission; and 
- 
(b) In case of decisions of the head of bureaus or department-wide regional 
offices, the appeal shall initially be inade to the department secretary and 
then to the Coinmission if the penalty iinyosed is suspension of inore than 
thirty (30) working days or fine equivalent to inore than t h y  (30) working 
A 
days' salary. 
SEC. 205. 
Motiorz for liecoirsideration. - A inotioii for reconsideration may 
be filed during the period for filing an appeal on the following grounds: 
,(a) Newly discovered evidence which could inaterially affect the decision 
rendered; 
(12) 'The decision is not supported by the evidence on record; or 
(c) Errors of law or irregularities have been coininitted prejudicial to the 
interest of either party. 
Only oiie (1) inotion for reconsideration shall be entertained, which shall be 
resolved within thirty (30) days from receipt. A inotion for reconsideration shall 
suspend tlie ruiiining of the period of appeal. 


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SEC. 206. 
lieiirczrrd uf Cases Dire to Lack of Due Process. - If the case on 
appeal with the Coiniiiissioii is remaiided to the proper disciplining authority for 
further’ invcstigation clue to lack of clue process, tlie said disciplining authority shall 
finish the inves t i p  tion within three (3) calendar months from the date of receipt of the 
records Irom the Coniriiission, unless tlie investigation is delayed due to the fault, 
iiegligence or petition of the respondent, or an extension is granted by the 
Coinmission in meritorious cases. The period of delay shall not be incIuded in the 
coinpu ta tion 01 the prescribed period. 
The discipliiiing 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 tlic case, tlie Cominission shall vacate and set aside the 
appealed decision and declare the respondent exonerated of the charge. 
If the 
respondent is under prevenlive suspension, he/she shall be immediately reiiista Led 
and sliall be entitled to back salaries and other benefits. 
SEC. 207. 
1’cl.if ioir fur Reuiczu. - The Coinmission may review decisions 
renclereci by its regional offices ancl other disciplining autliorities disinissing a 
coiiiplaint for lack of a prima facie case, subject to rules and regulations the 
Commission may prescribe. 
SEC. 208. 
Pcrrdfies fur Cwfeiiryl. - In case of refusal or failure to comply 
with its decisions, orders, rulings or processes and proceedings, the Cominissioii may 
iiiipose a penalty of fine of not less than P1,OOO.OO per day until compliance, or 
suspension froiii oflicc without pay for a period of not inore than thirty (30) days, or 
both as the circumstances may warrant. 
Snc. 209. 
I ~ e ~ i i o ~ u l  
of ArEiitiiiistrative Peiialties or Disabilities. - Upon 
rccoii7iiiei~dation of the Cominission, tlie President may cominu te or remove 
adininis tra Live penal ties or disabilities imposed upon public officers or einployees in 
disciplinary cases, subjcct to such terms and conditions as he/she may iinpose in the 
interest of the service. 
r’ 
Title I1 - Prohibitions 
Chapter 1. Liiiiitatioii on Apyoiiitiiieiits 
SEC. 210. 
Aypiirfiireizt ofElecfive Officers. - Except as provided for in the 
Constitulion, no elective officer shall be eligible for appointment or designation in any 
capacity io any public office or position during his/Iier tenure. 
SEC. 211. 
Cizirdidtii-e Who Lost ill nil EIectioir. - No caiididate 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 
i 


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laws, aiid local p,ovcriiiiic~it mi ts. 
as consultanls or ~uickr contracts of scrvices/job orders in said entities. 
Ncilhcr can llicy be hirccl witliin thc siliiic period 
SEC. 212. 
Kesiyiiafioir U e ~ u i v  Elecl-ion. - 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-einyloyiiient in the goyernillelit during the six (6)- 
month period following such election. 
SEC. 213. 
Pwhibifiuir Agniirst Noldiiig Aiiotlier Office or Eirryloymeirt, - 
~ n ~ e s s  
otlierwise allowecl by law or by tlie primary' functions of the position, no 
appointive olficcr shall holcl any other oIfice or einployinent in the government or any 
subdivision, agency or ins truiiientality thereof, state universities and colleges, 
goveriiineiit-owi~e~~ 
and -controlled corporations with original charters or created 
under special laws, and local governnwit units. 
, 
SEC. 214. 
I% Iiibif ioii Duririg Election Period. - No appointment, whether 
original, transfer, reemployi-nent, reappointinent, 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 a i d  sangguniang kabataan 
elections and until the assuinp tion of the newly-elected or reelected appointing officer. 
No consultancy, job order or conlract of service shall also be entered into during the 
said period. 
I-Iowever, in tlic exigency of the service and subject to the authority by the 
Coniinission, tlie appoiii ting authority iiiay issue appointments after tl?e election and 
until the assuinp tion of the newly elected or reelected appointing officer provided the 
fol1 ow i ng conc LI r : 
(a) 
A vacancy occurred during the prohibited period; 
(b) 
There is need to 
prejudice public service and/or endanger public safety; 
fill up the vacancy immediately in order not to 
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(c) 
The appointee is qualified; 
(d) 
The appointinept has gone through the usual requirements like 
publication, regular screening by the Personnel Selection Board and 
concurrence by the Sanggunian, as tlie case may be. 
All 
appointments issued before the prohibited period shall take effect 
iiiiiiiedia tely, iiotwi tlis tanding any provisions in the apyoin tinent to the contrary and 
the appointee shall assume tlie position within thirty (30) days from issuance thereof. 
Failure of the appointee to assume the position within said period shall make the 
a p poiii tmen t ineffective. 
. SEC. 215. 
Pi.oliibitioii Agniirst Aypoirttrrreirts by an Outgoing Apyoirrting 
A,iitlrurity. - 
No appointment in national agencies, state universities and colleges, 
governiiien t-owned and -controlled corporations with original charters or created 
under special laws, shall be made by any outgoing appointing.aut1iority within three 
(3) months before the end of his/lier term of office or retirement. This prohibition 


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sliall alsc) apply to c.iuLgoing, appointiiig authorities who liave previously nianilested 
their inLention ko resign froin office. In which case, the prohibition sliall coimneiice 
from the date of formal inanifestatioii to resign but shall not be more tlian three (3) 
iiiontlis from thc elfective date of resignation. 
I-forvever, iii tile exigency of the service, interim appointinents inay be issued 
wliicli shall not exceed three (3) iiiontlis from tlie time 1119 appointing authority ceases 
to liolcl office. 
This yroliibition shall embrace all kinds of appointinents whether cirigiiial, 
transfer, rcem ployrnen t, reap yointinen t, renewal, casual, contractual promo tion, or 
demotion, regardless of status. 
SEC. 216, 
Siryervisioiz by Noiz-career. 1wsoizizeZ. - Subject to the rules to be 
yroiiiulgated by the Commission, no consultant, coritrac tual or noli-career personnel 
sliall be designa tecl to any position exercising control and supervision over regular 
and career persolinel in the government. 
Sec. 217. 
Coiltract o f S e r ~ i c c .  - A person issued a contract of service shall 
not cliscliarge duties pertaining to a career or noli-career service position. The agency 
may, however, enter into a contract of service to undertake a piece of work for the 
gcweniriiciil for n specific ycriod. 
SEC. 218. 
Ecclesiastic. - No priest, preacher, niinister, or other religious 
teacher, or dignitary as such, shall be cinployed in the civil service system except 
when such pricst, preacher, minister, or dignitary is assigned to tlie Ariiiecl Forces of 
the Philippines, the Philippine National Police or to any penal or correctional 
ins titu lion, or any govcrntiient orphanage or leprosarium. 
SIX. 219. 
Ncpulisrrz. - The act of issuing an appointment in the national, or 
in any bi ancli or instrumentality tliereof, or in state universities and colleges, 
goverii11ie1it-o~71ic~~ 
and -coiitrolled corporations with original chjr ters or created 
uiicjer special laws, or local government units to a person who is related witliin the 
third (3rd) civil degree of consanguinity or affiiii ty to the appointing or recoininending 
authority, the chief of bureau or office, or of tlie person exercising iininediate 
supervision ovcr hiin/ l m ,  is hereby prohibited. 
The following positions arc exempt from the operation of tlie law and rules on 
iiepo tisiii: 
(a) 
Primarily coidideiitial; 
(b) 
I-Iighly technical 
(c) 
Po lic y-de termining 
( ~ 1 )  
Teacher and professorial staff; 
Tlie tcriii 'teacher' sliall refer only to those actually performing classrooin 
instruction in both public elementary and secondary schools. 'Professorial staff' sliall 
denote membcrs- of the faculty of skate universities or colleges primarily engaged in 
academic activities such as teaching in the tertiary level, research and curriculum 
Page 56 


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clcvelopiitcnt, aluong otliers. 
‘i’hc clcsigiialion ol professorial staff to 
IWLI- 
pro~essorial/i~on-acnclciiiic 
posi tions shall not bc covcrccl by this cxcmption. 
TIic rcstrictiolis iiiciitioticcl in this Scction s l d l  not be apylicablc to a iiicinbcr ol 
any falliiljr, who, after npyoinlment to ally position in an office or bureau, colltracts 
marriage with anotlicr ciiiployce in the same office or bureau, or those who were 
affec tecl by reorganization in which event the employiiieii,t or retention therein of both 
liusbaii~l and wife may be allowed. 
The prohibition shall ilot 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 
governinelit units or wlio were affected by reorgaiiization or to any inember of a 
perso 
s elec t io n board. 
Chapter 2. Other Prohibitiorzs 
SEC. 220. 
Poliiiciil Activity. - Civil servants may become iiieinbers of 
political parties, express their views on current political probleins or issues, and 
support the cnitdida tes of their choice. I-Iowever, they may neither engage in any 
electioneering nor iiiay they use official authority to influence or coerce the political 
activity of any person or organization. 
SEC. 221. 
Ayyoiiifiiieiit of Military Per*soiiiiel iii llie Civil Service Sysieiiz. - 
It shall be uiilawhl for any meinber of AFP in the active service to be appointed or 
designalcct in any capacity to any civilian position in the government, state 
universities and colleges, goveriiiiiei~~-owiiec~ 
and -controlled corpora Lions with 
original clmr tcrs c)r createcl uncier special Iaws, and local governinelit units. 
SEC. 222. 
Additioizd or Double Coiiiyeiisal-ioir. - No elective or appointive 
public offickr or einployee sIia11 receive actditional, ciouble, or indirect compensation, 
unless specifically au tlwrized by law, nor accept any present, emolument, office, or 
title of any kind froin any foreign goverimient unless allowed by law. 
/ 
Pensions, gratuities or honoraria shall not be considered as additional, double 
or indirect coiiipensatioi L. 
SLC. 223. 
Dclriil or Renssiyiirizeiil.. - Except when 111; 
exigencies of the 
service require, no public officer or employee of the governinelit shall be detailed or 
reassigned three (3) months before any local or national election. 
SEC. 224. 
Cowl-esy Resigizatioir. - 
It shall be unlawful for any public 
officer, elective or appointive, to require public officers and einployees within liis/her 
jurisdictioii to subini t courtesy resignations for whatever reason or purpose. 
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SEC. 225. 
Ayyoiiitirieiit aiid/ur Tramfeu of Officers aid Eiiiyloyees of 
Ovei*siiglzt Aprcies. Unless allowed by the Commissioii in meritorious cases, heads of 
oversight agencies a n d  their staff are prohibited from transferring or being aypoiiitecl 


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LSOOIC VL. I\/IlSCIII,LANEOUS PROVISIONS 
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Chapter 1. Modes of Teriiiiiiation 
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Title I - Termination of Eiiiyloyineiit 
SEC. 226. 
Illoiles u j  Tcriizi~z~~Liuiz. 
- The lollowihg are mocks of teriiiinat.iiig 
(a) 
Resignation - A public officer or einployee sliall be considered separated 
froin the service effective on the date of acceptance of the resignation by 
the ollicer authorized to do so. 
Candiciacy - ~
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appointive public officer or einployee sliall be iysoftzcto 
separated froiii the service on the date of filing of tlie certificate of 
caiidiclacy for an elective position. 
Death - Uyoii proof of death, the public officer or employee shall 
autuinatically be recorded as separated froin the service. 
(b) 
(c) 
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Pcrmaneiit Disability - In case of perinanent disability which shall render 
the public officer or einployee incapable of performing the official clu ties, 
the dcyartmeiit or agency head inay terminate such public officer or 
cinployee. 
Expiration of Period of Eiiiployinent - 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 sliall be 
terinina tect upoii the expiration of the period of einployinent, coinpletion 
of the pr'oject, or at the enci of the term of the appoiiitiiig officer, unless 
c) tlierwise earlier validly separated. 
Dropped from tlie Service - A public officer or einployee who goes on 
leave without proper authority or fails to return to duty after the 
expiration of tlie authorized leave, without valid reasblis, aiid for other 
grouiicls under existing rules, shall be dropped from the service in 
accortlance with the regula tioiis proindgateci by the Coininissioii. 
Convictioii - The services of tlie public officer and employee shall be 
considered terii-1iiiated upon conviction by' filial judgment of a crime 
where the penalty carries with it the accessory peiialty of perpetual or 
teiiiporary absolute or special disqualification to liold public office. 
Retirenieiit 
- Any public officer or einployee who reaches the 
compulsory re tiremen t age and iiiee ts the service requirement slid1 be 
retired under the provisioiis of the Re tireinent Law, unless his/ her 
services is exteiicled by die Commission in accordance with its rules and 
regulations. Optional retirement pursuant to law likewise temiiiiates 
official relations. 
Expiration of Temporary Appointiiient - The services of a public officer 
or employee with temporary appointment shall autoinatically be 
terminated upon the expiration of the appointment. 
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Llisapprovd of Appointment - 'ilie services ol a public officer or 
employee is coiisidered terminated upon the final disapproval of the 
a p 1) o i 1 I 111-1 UII t by t hc Coriiiii iss ion. 
SIX. 227. 
lierlrictiori ill Force. - Tlie head of a, department or agency iiiay 
reduce its staff due to lack of work or funds or due to a change in the scope or nature 
of an agency's prograiii, or as a result of reorganization, subject to the rules and 
regulations which tlie Coilmission sldl prescribe. 
Title 11 - Fees and Authority lo Administer Oaths 
Cliayter 1. Fees 
SEC. 228. 
Arifliurily tu Cullcct- Fees. - The Commission inay collect a i d  
charge fees for civil service examinations, certification of civil service ratings, service 
records, appeals in disciplinary and non-disciplinary cases, training courses, seininars 
m d  worItshops in personnel manageiiient, and for services rendered on other civil 
service niatters. 
For this purpose, the Cviiiiiiission shall prescribe stanciarcl and 
reasonablc ra tm lor such examination, certifications, training courses, seininars and 
wurl~sl~ops 
and otlicr activities c)r services, the fees for which are not provided by law 
or regulation. N o  fees shall be collected in examinations given for the selection of 
scl1olars. 
Chapter 2. Authority of Public Officers to Administer Oaths, Take Testimony, 
and Prosecute Cases in Court. 
SIX. 229. 
Who May Admiriister Oaths. - The Chairperson and Members 
of the Conuiiission, public officers occupying third level positions- and other public 
officers niid employees of the Coiiimissioii and other departinelits 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 invcstigation. 
Title I11 - I%cal Autonomy am1 Use of Appropriations and Iiicoine 
Chapter 1. Fiscal Autoiioiiiy 
Src. 230. 
Fiscnl Aritoiioirry. - The Commission shall enjoy fiscal au tonoiny. 
It shall determiiic the amount of its aniiual budget requirements for its operating 
expenses, aiid capital outlays which shail be proposed to Congress in accordance with 
existing budget laws. Its approved aniiual appropriations shall be automatically and 
regularly released. 


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‘I’hc Conunissiuli shall have the flcxibility to utilize its ap yropriatiuns, and ils 
iiicoiiie, for opera ling and capital expenses, acquisition, supplies, repairs and 
inainteiiance of office equipment and facilities subject to provisions of law. 
Chapter 2. Authority to ‘Use Ayyroyriatiop and Income. 
Sec. 231. 
Azithrily to Use A ~ ~ J I W ~ W ~ L T ~ ~ O I Z S  
airti Incorrze. - The Coininission 
is hereby authorized to use such suiiis appropriated in the annual appropria tions act, 
incluciing all balances of existing certifica tions, 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 tlie provisions of this Code. The Commission is 
also authorized to auginent any iteiii in its appropriations froin savings actually 
released. for any official purpose at. its discretion. 
l’he Coiiiiiiissioil is further autliorized to directly use its income derived from 
fees, cost for services it inay assess and levy, and such other proceeds generated in the 
performance of its functions for its operating expenses, for personnel aiid 
oxgaiiiza tional development as well as acquisition, repair and maintenance of office 
cquipnwnt, facilitics a i d  suyplics. 
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Title 1V - Transitory Provisions 
Chapter 1. Funding 
$EC. 232. 
FuirrIiizg. - Funds needed to carry out the provisions of this Code 
shall be taken from fuiids available in tlie Commission or in the absence or 
insufficiency thereof, from any lump sum appropriations to be included in tlie annual 
General Appropria tioiis Act. The appropriation shall cover the operating expenses of 
the Cominission including the salaries, allowances and other emoluinents of all its 
public officcrs and cniployces in its central, regional and field offices aiid lor its 
projects and activities, subject to the accountiiig of such expenditures. 
A 
Chapter 2. Final Provisions 
SEC. 233. 
Alrolislted Of’ices. 
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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 Corninission with no 
cliiiiiiiutioii of status, rank aiid salary. 
SEC. 234. 
Litrbility of Ayyoiiitirzg Autlraril-y. - No person einployed in the 
civil service system in willful violatioil of this Code shall be entitled to receive pay 
from the government. The appointing authority responsible for such unlawful 
employincnt shall be personally liable for the pay that would have accrued had the 
einploynwn t been lawful. The disbursing public officers shall make payment to the 
einployees of such ainount froin the salary of the public officers so liable. 
Piige GI 


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SEC. 235. 
Lirrbilily of Disbrirsiiig Piiblic officers. 
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Except as may 
othcrwisc~ be proviclecl by law, it shall be unlawful for a treasurer or other fiscal public 
officer or eiiiploycc to clcdiict any arnount for contribiitioiis or payment ol' obligations 
o ther than those ct uc to tlie government or its ii7slruineiztalities. 
SEC. 236. 
VeslcrJ liiglils. - Except as otherwise provided in this Code, 
rights vested or acquired under the provisioiis of the Civil Service Law, rules and 
liegulatioiis and any other Act prior to the effectivity of this Code shall be respected.. 
Sec, 237. 
Criiiziirnl LinbiZil-y. - 
Whoever makes any apyoiiztment or 
employs any person in willful violation of any provision of this Code or the rules and 
~eguIations issued thereunder; or whoever coinmi ts fraud, deceit or intentional 
i~iisrepresentatioii of inn terial facts concerning any civil service ina t ter; or whoever 
violates, refuses or neglects to coinply with any filial decision or order of the 
Coniiiiission, shall, upon conviction, be punished by a fine not exceeding Ten 
Tliousaiicl Pesos (P10,000.00) or by iinprisoninent of not less than three (3) years nor 
more tlian five (5) years or both at the discretion of the court. 
'l'he same penalty of fine or imprisoniiient or both as provided above aiid 
perinanent disquaiificatioii froiii holding public office shaIl be imposed upon any 
appointing authority who willfully violates any of the provisions of this Code 
iiicIucIing failure to abide by the rules proinulgated by the Coiizinission or to 
iiiipleiiieiit a Coniinission reappointiiient order. 
SEC. 238. 
Arithority lo I'ssiie ICriles. - The Coininission shall promulgate 
rules and regula Lions a i d  set gui&liiies and standards to iinyleinent the provisions of 
this Code which shall become effective thirty (30)' days after its publication in a 
iiatioiial newspaper of general circulation. 
SEC. 239, 
Rcpculirig Clause. - Republic Act No. 2260,.'Republic Act No. 
6040, Presidential Decree No. 807, Presidential Decree No. 1, Presidential Decree- No. 
1W9, Executive Order No. 135, series of 1987, Executive Order No. 180 and Book V, 
Title 1, Subtitle A on the Civil Service Coiniiiission 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 l7A 7160, Secbion 1 of RA 8190 and Section 21 of RA 8551, are hereby 
aiiiendcd or modified accordingly; and all laws, decrees, .orders, circulars, rules aid 
regulations or an~7 part thefeof which are contrary to or inconsistent with any 
provision of this Cock are hereby repealed or inoilified accordingly. 
Snc. 240. 
Sziyyletiierrtal AypZicntioiis. - The Rules of Court shall have 
suppleiiiental application to this Code. 
SHC. 241. 
Sepczrnbility. - If any provision of this Code or its application to 
any person or circuiiis tances is declared invalid, such declaration shall not affect the 
other provisions of this Code. 
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SIX. 242. 
Corisfrrictioir i r r  I~CZUUI’ ol Employees. 
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iinplemeiitalion a i d  iiilerprctatioii of the yrovisioiis of this Cock including its 
iiiiplemcnling rulcs a i d  rcgiila lions sliall be resolved in Iavor of employees. 
SEC. 243. 
Ellecfivity. - 
This Code shall tqke effect thirty (30) days 
following its publica tion in the Ofliicinl Gazeffe or in a national newspaper of geiieral 
circulation in the Philippines.