SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 
1174 
'13 
JlJL 30 [J.3:1 7 
Introduced by Sen. Antonio "Sonny" F. Trillanes IV 
Explanatory Note 
At present, the pieces of legislation governing the Philippine Civil Service remain scattered in 
different laws, decrees, and letters of instructions and executive orders. The absence of a 
comprehensive civil service law has sometimes caused confusion among civil servants, to say the 
least. Many laws overlap and some have become obsolete. 
Thus, this bill, which is as adaptation in toto of Senate Bill No. 2760 filed by Sen. Panfilo 
Lacson in the 15th Congress, is essential. It 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. There is an urgent need to update 
and gather all civil service and related laws to address the ever changing needs of the times. 
This proposed Civil Service Code seek to address deeply rooted problems besetting the public 
service such as graft and corruption, red-tape, violations of government employee rights and the 
merit system, among other things specifically the right to security of tenure and the right to due 
process of law; violations of the merit and fitness principle; partisan political activities; 
inadequate benefits and privileges of employees; organization ineffectiveness and the 
unnecessary delays in frontline services delivery. 
In view of the foregoing, approval ofthis measure is earnestly sought. 
" . TRILLANES IV 
Senator 
1 


1 
2 
3 
4 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 
11 '24 
Introduced by Sen. Antonio "Sonny" F. Trillanes IV 
AN ACT 
~rnld'r 
(0Hu,'r \11 lilt' ~;.<<;rdar\! 
'13 
JULJO P 3 :17 
l;y;.-t-
ESTABLISHING THE CIVIL SERVICE CODE OF THE PHILIPPINES AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
BOOK I. GENERAL PRINCIPLES 
Title I - Policies on Civil Service System 
Chapter 1. Declaration of Policy 
5 
SECTION 1. Short Title.- This Act shall be known as the "Philippine Civil Service Code of 
6 
2013". 
7 
8 
SEC. 2. Declaration of Policy.- The state recognizes the primary and important role of 
9 
the civil service system in providing stability, continuity and expertise in government operations, 
10 
ensuring delivery of public services and achieving the national development goals of peace, 
11 
human security and sustainable human development. The state shall provide the enabling 
12 
environment that will promote its integrity, independence, productivity, and excellence. It is the 
13 
policy of the state to promote the Constitutional mandate that appointments in the civil service 
14 
system shall be made only on the principle of merit and fitness to be determined as far as 
15 
practicable through competitive examinations; that public office being a public trust, public 
16 
officers and employees must be accountable to the people and live the principles of utmost 
17 
responsibility, integrity, loyalty, efficiency, patriotism, justice and modesty in serving the people; 
18 
that employment opportunities in the civil service system shall be equally available and 
19 
accessible to all qualified citizens; that no public officer or employee shall be disciplined, 
20 
suspended or dismissed except for cause and after observing due process of law or except if 
2 


1 
terminated for non-disciplinary causes; that the Civil Service Commission, being the central 
2 
personnel agency, shall administer the civil servICe system and be responsible in providing 
3 
policies and guidelines on the selection, utilization, training and discipline of public officers and 
4 
employees; the State shall infuse the third level with well-selected and development-oriented 
5 
executives and highly technical officials, who shall provide a strong, competent, and accountable 
6 
corps of public officers who possess the necessary expertise and responsive leadership that will 
7 
serve as a stabilizing force, an instrument for change, a vanguard of professionalism and 
8 
careerism in the civil service, and a critical link between govermnent and people; that the right of 
9 
public officers and cmployees to self organization, collective negotiation and peaceful concerted 
10 
activities shall be guaranteed and respected; that equal pay for equal work shall be guaranteed; 
11 
and actions on personnel matters shall be decentralized, with the different departments and other 
12 
offices or agencies of the government delegating to their regional offices or other similar units, 
13 
powers and functions; and that the autonomy of Local Government units shall be respected. 
14 
15 
16 
Chapter 2. Definition of Terms 
17 
SEC. 3. Terms Defined. - With reference to the civil service system and as used in this 
18 
Code, the following terms shall be construed to mean as follows: 
19 
a) Administrative Supervision refers to the authority of the department or its equivalent to 
20 
generally oversee the operations and to ensure that they are managed effectively, efficiently, and 
21 
economically; or to take such action as may be necessary for the proper perforinance of officiaf 
22 
functions, including rectification of violations, abuses and other forms of maladministration. 
23 
b) Agency refers to any department, bureau, office, commission, administration, board, 
24 
committee, institute, government-owned or controlled corporation with original charter, local 
25 
government units, state universities and colleges, or any other unit of the National Government, 
26 
as well as provincial, city, municipal government, except as hereinafter otherwise provided. 
27 
c) Appointing authority refers to the person or body authorized by law to make appointments in 
28 
the civil service system. 
2 


1 
d) Appointment refers to the document issued by the appointing authority allowing the appointee 
2 
to occupy the position stated therein and to perform its functions and receive the corresponding 
3 
compensation. It could also refer to the selection by the appointing authority of an individual 
4 
who is to exercise the functions of the position. 
5 
e) Career Executive System refers to the system for the professionalization and career 
6 
development of the executive and managerial component ofthe third level. 
7 
f) Career Executive System Board (hereinafter referred to as the Board) is the policy making 
8 
body responsible for the development, maintenance, and administration of the Career Executive 
9 
System. 
10 
g) Career Executive Officer refers to a Career Executive Officer-Eligible occupying a position in 
11 
the Career Executive System, who is appointed to a rank by the Civil Service Commission, upon 
12 
the ecommendation of the Board. 
13 
h) Career Executive Officer-Eligible refers to a person who passed the examination process set 
14 
by the Board through the Civil Service Commission to qualify for, but has not yet been assigned 
15 
to a position in the Career Executive System. 
16 
i) Class refers to aU positions in the civil service system that are sufficiently similar as to duties 
17 
and responsibilities and require similar qualifications that can be given the same title and salary 
18 
and, for aU administrative and compensation purposes, be treated alike. 
19 
j) Commission refers to the Civil Service Commission. 
20 
k) Commissioner refers to either of the two (2) other members of the Commission. 
21 
I) Consultant refers to the person engaged under a consultancy contract by reason of expertise, to 
22 
perform highly specialized functions not readily available from career personnel, having no 
23 
employer-employee relation with the agency. 
24 
m) Department refers to any of the departments in the Executive branch, Congress, the judiciary 
25 
and any of the constitutional commissions. 
26 
n) Disciplining authority refers to the person or body authorized to suspend, dismiss or discipline 
27 
public officers and employees in the civil service system. 
28 
0) Eligibility refers to the qualification, acquired by an individual after passing a civil service 
29 
examination or granted by law, for entrance into and promoti.on in the career service. 
3 


1 
p) Employee refers to any person employed in the civil service system of whatever category or 
2 
class up to division chief level. 
3 
q) Employee organization refers to a duly registered employee organization, union, association, 
4 
federation, confederation, society or alliance in accordance with the provisions of this Code. 
s 
r) Examination refers to the test conducted by the Conunission or any agency authorized by law 
6 
for the purpose of determining merit and fitness for appointment in the civil service system. 
7 
s) Grievance refers to an employee's complaint regarding working conditions, working 
8 
relationships or employment status. 
9 
t) Grievance procedure refers to the process of resolving employee grievances. 
10 
u) Highly technical position refers to a position which requires the occupant to possess skill or 
11 
training in a supreme or superior degree, like that of a scientist. 
12 
v) Job order refers to a contract of service of individuals or groups paid under a lump sum 
13 
appropriation for a short duration having no employer-employee relation with the government. 
14 
w) Merit system refers to an organized mechanism by which the selection, utilization, 
15 
compensation, training, retention and discipline of employees in the service are governed by 
16 
comparative merit and achievement. 
17 
x) Mobility - refers to the movement of a Career Executive Officer from one position to another 
18 
without reduction in rank or salary. 
19 
y) Party adversely affected refers to the respondent or, agencies/entities against whom a decision 
20 
in a case has been rendered. 
21 
z) Personnel action refers to any movement of persolmel in the civil service system. 
22 
aa) Policy determining position refers to a position which vests in the occupant the power to 
23 
formulate policies for the government or any of its agencies, subdivisions, or instrumentalities, 
24 
like that of a member of the Cabinet. 
25 
bb) Position refers to a job title with a defined set of duties and responsibilities to be performed 
26 
by an individual either on full-time or part-time basis. 
27 
cc) Primarily confidential position refers to a position where the occupant enjoys more than the 
28 
ordinary confidence of the appointing power and bears such close intimacy which relieves the 
4 


1 
latter from misgivings of betrayal of personal trust on confidential matters, like that of a private 
2 
secretary. 
3 
dd) Public officers as distinguished from employees, refers to those whose functions are 
4 
managerial/executive or highly technical in nature, and above the division chief level. 
5 
ee) Qualification standards refer to the minimum requirements for a class of position expressed 
6 
in terms of education, training, experience, civil service eligibility, physical fitness and other 
7 
qualities required by the job. 
8 
ff) Rank is the index of classification of Career Executive Officers to which a Career Executive 
9 
Officer-Eligible may be appointed by the Civil Service Commission in accordance with the 
10 
requirements prescribed by the Board. 
11 
gg) Rank-and-jile shall refer to employees occupying positions in the first and second levels. 
12 
hh) Reorganization refers to the process of restructuring an agency's organizational and 
13 
functional set-up with the view of making it more economical, effective, efficient and responsive 
14 
to the needs ofthe public. 
15 
ii) Solo parent refers to any individual who falls under Republic Act No. 8972. 
16 
17 
Chapter 3. Rights and Obligations of Public Officers and Employees in the Civil Service 
18 
System 
19 
20 
SEC. 4. Rights. - Public officers and employees in the civil service system shall have the 
21 
right to: 
22 
(a) Security oftenure; 
23 
(b) Exercise the authority attendant to their positions; 
24 
( c) Enjoy leave, welfare, retirement and other benefits and services; 
25 
(d) Self-organization or to form and join unions, associations, federations, confederations, 
26 
societies or alliances for purposes not contrary to law; 
27 
(e) For rank-and-file employees of accredited organizations to collectively negotiate for terms 
28 
and conditions of employment in accordance with existing laws; and 
29 
(f) Enjoy such other rights provided by law. 
30 
5 


1 
SEC. S. Obligations. - Public officers and employees in the civil service system shall: 
2 
(a) Uphold and defend the Constitution and laws ofthe Republic of the Philippines; 
3 
(b) Take and subscribe to an oath before assumption of office; 
4 
(c) Be accountable at all times to the people, and serve them with utmost responsibility, integrity, 
5 
loyalty and efficiency, act with patriotism and justice and lead modest lives; 
6 
(d) Discharge their duties faithfully and maintain the required level of productivity of their 
7 
positions for the benefit ofthe public; 
8 
(e) Submit upon assumption to duty and as often as may be prescribed by law, a sworn statement 
9 
of assets, liabilities and net worth and disclosure of business interests and financial transactions; 
10 
(f) Identify and disclose, to the best of their knowledge, their relatives in government, in the 
11 
manner and frequency as may be prescribed by law, rules and regulations; 
12 
(g) Undertake programs of self-development to improve their performance and levels of service; 
13 
and 
14 
(h) Perform such other obligations as may be provided by law. 
15 
16 
17 
18 
Title II .- Scope of the Civil Service System 
Chapter 1. Positions in the Civil Service System 
19 
SEC. 6. Coverage.- The civil service system embraces all branches, subdivisions, 
20 
instrumentalities, and agencies of the Government, including local government units, state 
21 
universities and colleges, and government-owned or -controlled corporations with original 
22 
charters. 
23 
24 
SEC. 7. Administration of the Civil Service System.- As the central personnel agency of 
25 
the government, the Cornmission shall establish a career service, administer the civil service 
26 
system, adopt measures to promote morale, efficiency, competency, integrity, honesty, 
27 
responsiveness, progressiveness, courtesy and gender sensitivity in the civil service system, 
28 
strengthen the merit and rewards system, integrate all human resource development programs for 
29 
all levels and ranks therein and institutionalize a management climate conducive to public 
30 
accountability. 
6 


1 
SEC. 8. Categories of Positions.- Positions in the civil service system shall be 
2 
categorized as career and non-career. 
3 
4 
SEC. 9. The Career Service.- The career service shall be characterized by (a) entrance 
5 
based on merit and fitness to be determined, as far as practicable, by competitive examinations or 
6 
on highly technical qualifications; (b) opportunity for advancement to higher career position; and 
7 
(c) security of tenure which is based on performance, mechanics of which shaH be formulated by 
8 
the Commission. 
9 
10 
SEC. 10. Positions Included in the Career Service.- Positions in the career service 
11 
include the following: 
12 
(a) Open career positions - appointment to any level in the career service which requires 
13 
qualification in an appropriate examination or other modes in accordance with law; 
14 
(b) Closed career positions - positions that are executive or highly technical in nature which shall 
15 
establish and maintain their own merit systems, such as the following: 
16 
(\) Faculty and academic staff of state universities and colleges; 
17 
(2) Highly technical positions as determined by the Commission; 
18 
(3) Career Executive Positions; 
19 
(4) Career Officers, other than those enumerated above, who are appointed by the 
20 
President, such as the Foreign Service Officers in the Department of Foreign Affairs, the 
21 
judges and justices in the Judiciary and the prosecutors in the prosecution services; 
22 
(5) Uniformed and commissioned personnel of the Philippine National Police; 
23 
(c) Permanent laborer, whether skilled, semi-skilled, or unskilled. 
24 
25 
SEC. 11. Classes of Positions in the Career Service.- Positions in the career service shall 
26 
be grouped as follows: 
27 
(a) First Level - includes clerical, trades, crafts and custodial positions whether in a 11on-
28 
supervisory or supervisory capacity; 
7 


1 
(b) Second Level - includes professional, technical, scientific or other specialized positions in a 
2 
supervisory or non-supervisory capacity requiring at least a baccalaureate degree or its 
3 
equivalent as determined by the Commission; and 
4 
(c) Third Level- includes all executive and managerial positions in the executive, legislative, and 
5 
judicial branches, including constitutional offices. 
6 
It shall also cover the corresponding positions in the foreign service; the scientific; 
7 
artistic; academic fields and other highly technical positions; in all branches, subdivisions, 
8 
instrumentalities and agencies of the government including government-owned and controlled 
9 
corporations with original charters. 
10 
11 
SEC. 12. The Non-Career Service.- The non-career service shall be characterized by 
12 
merit and fitness to be determined by (a) modes other than those of the usual tests utilized for the 
13 
career service; (b) tenure which is limited to a period specified by law; ( c) tenure which is co-
14 
terminus with that of the appointing authority or subject to hislher pleasure or which is limited to 
15 
the duration of a specific project for which purpose employment was made; and (d) the primarily 
16 
confidential nature ofthe position. 
17 
18 
SEC. 13. Positions Included in the Non-Career Service.- The non-career service shall 
19 
include the following: 
20 
(a) Elective officers and their personal and primarily confidential staff; 
21 
(b) Department heads and other public officers of Cabinet rank who occupy their positions at the 
22 
pleasure of the President and their personal and primarily confidential staff; 
23 
(c) Chairpersons and members of constitutional commissions and other commissions, boards and 
24 
other bodies with fixed terms of office and their personal and primarily confidential staff; 
25 
(d) Non-career undersecretaries and non-career assistant secretaries and their personal and 
26 
primarily confidential staff; 
27 
(e) Contractual personnel or those whose employment is in accordance with a special contract for 
28 
a maximum period of one year to undertake a specific work or job which requires special or 
29 
technical skills not available in the employing agency; 
8 


1 
(f) Those whose positions may be declared as personal and primarily confidential by the 
2 
Commission; and 
3 
(g) Emergency, casual and seasonal personnel. 
4 
5 
6 
7 
Title III - The Civil Service Commission 
Chapter 1. Composition, Duties and Functions 
8 
SEC. 14. Composition.- The Commission shall be composed of a Chairperson and two 
9 
(2) Commissioners. 
10 
As far as practicable, the composition ofthe Commission must be gender balanced. 
11 
12 
SEC. 15. Qualifications of the Chairperson and Commissioners.- The Chairperson and 
13 
Commissioners shall be natural-born citizens of the Philippines, and at the time of their 
14 
appointment are at least thirty-five (35) years of age with proven capacity for public 
15 
administration and must not have been candidates for any elective position in the elections 
16 
immediately preceding their appointment. At least one (I) of them must be a lawyer. 
17 
18 
SEC. 16. Terms of Office.- The Chairperson and Commissioners shall be appointed by 
19 
the President subject to confirmation of the Commission on Appointments for a tenn of seven (7) 
20 
years without reappointment. In no case shall any Member be appointed or designated in a 
21 
temporary or acting capacity. Appointment to any vacancy shall be only for the unexpired term 
22 
ofthe predecessor. 
23 
24 
SEC. 17. Compensation.- The salaries of the Chairperson and the Commissioners shall 
25 
be fixed by law and shall not be decreased during their tenure. 
26 
27 
SEC. 18. Powers and Functions of the Commission.- The Commission shall have the 
28 
following powers and functions: 
29 
(a) Administer and enforce the constitutional and statutory provisions on the merit system for all 
30 
levels and ranks in the civil service system; 
9 


1 
(b) Prescribe, enforce and amend rules and regulations for carrying into effect the provisions of 
2 
this Code and other pertinent laws which shall become effective thirty (30) days from the date of 
3 
pUblication in the Official Gazette or in a national newspaper of general circulation; 
4 
(c) Promulgate its own rules concerning pleadings and practice before it or any of its offices. 
5 
Such rules shall not diminish, increase or modify substantive rights; 
6 
(d) Promulgate policies, standards and guidelines for the civil service system and adopt plans and 
7 
programs to promote economical, efficient and effective personnel administration and an 
8 
effective system and mechanism to ensure feedback from the public; 
9 
(e) Formulate policies and regulations for the administration, maintenance and implementation of 
10 
position classification and compensation and set'standards for the establishment, aliocation' and 
11 
reallocation of pay scale classes and positions; 
12 
(f) Render decisions, orders, opinions or rulings on civil service matters which shall be binding 
13 
on heads of departments and agencies and immediately executory; 
14 
(g) Appoint to ranks Career Executive Officer-Eligibles upon recommendation by the Career 
15 
Executive System Board; 
16 
(h) Discipline CES members for cause after due process; 
17 
(i) Manage the administration of the civil service examinations. Any entity or officer or 
18 
employee of the government may be called upon by the Commission to assist in the preparation 
19 
and conduct of the said examinations. Such assistance includes, but is not limited to, the 
20 
provision of personnel and security, the use of buildings and facilities, as well as the 
21 
transportation of examination materials; 
22 
G) Grant civil service eligibility to qualified applicants based on Civil Service examination 
23 
results, performance, training, education, qualifications and other similar standards, subject to the 
24 
guidelines it may prescribe; 
25 
(k) Prescribe all forms for civil service examinations, appointments, reports and such other forms 
26 
as may be required by law and the rules and regulations of the Commission; 
27 
(1) Have exclusive jurisdiction over cases involving examination irregularities committed by 
28 
government employees or private individuals; 
10 


1 
(m) Request any government agency for assistance and information necessary in the effective 
2 
discharge of its responsibilities; 
3 
(n) Take the primary role in continuously reviewing examinations systems and procedures to 
4 
ensure that the integrity of such examinations are not compromised. 
5 
(0) Declare, when appropriate, positions in the civil service system as primarily confidential, 
6 
highly technical or policy-determining; 
7 
(P) Formulate, administer and evaluate programs relative to the selection and recruitment, 
8 
development and retention of qualified and competent work force in the public service, including 
9 
administration, development and evaluation of training, scholarship and retirement programs; 
10 
(q) Hear and decide administrative cases and other Civil Service matters brought before it 
11 
directly or on appeal, including disciplinary matters, contested appointments or personnel 
12 
actions; 
13 
(r) Issue subpoena ad testificandum (process directing a person to testify) and/or subpoena duces 
14 
tecum (process directing a person to produce with him/her any book, document or other things 
15 
under his/her control pertinent to the issue of a pending controversy). 
16 
(s) Issue a writ of preliminary injunction or temporary restraining order when, on the basis of the 
17 
allegations in the petition, it is established that the acts complained of, involving or arising [rom 
18 
any personnel actions, if not restrained or performed immediately, may· cause grave or· 
19 
irreparable injury to any party or render ineffectual any decision of the Commission in favor of 
20 
such party. 
21 
(t) Deputize officers and employees of the Commission and of other departments and agencies to 
22 
investigate and hear cases and to submit their findings and recommendations to the Commission. 
23 
For this purpose, deputized officers and employees may issue subpoena ad testificandum 
24 
(process directing a person to testify) and/or subpoena duces tecum (process directing a person to 
25 
produce with himlher any book, document or other things under hislher control pertinent to the 
26 
issue of a pending controversy); 
27 
(u) Delegate any power or function of the Commission to its regional or field offices; 
28 
(v) Review decisions and actions of its offices; 
11 


1 
(w) Enforce and execute its decisions, orders and rulings, and for this purpose, deputize any 
2 
national or local law-enforcement agency or instrumentality of the government which shall act 
3 
under the direct and immediate supervision of the Commission; 
4 
(x) Punish for contempt, direct and indirect, officers, employees and other persons for refusal or 
5 
failure to comply with the decisions, orders, rulings or processes and proceedings of the 
6 
Commission. The Commission may impose a penalty of fine of not less than PI,OOO.OO per day 
7 
until compliance, or suspension from office without pay for a period of not more than thirty (30) 
8 
days; or both as the circumstances may warrant; 
9 
(y) Advise the President on all matters involving personnel management in the civil service 
10 
system and submit to the President an annual report on personnel programs; 
11 
(z) Act on all appointments and other personnel matters in the civil service system; 
12 
(aa) Inspect and audit the personnel actions and programs of the departments, agencies, bureaus, 
13 
offices, and other instrumentalities of the government, including government -owned and -
14 
controlled corporations with original charters, local government units, state universities and 
15 
colleges; conduct periodic review of the decisions and actions of offices or officers to which 
16 
authOrity has been delegated by the Commission and apply appropriate sanctions whenever 
17 
necessary; 
18 
(bb) Prescribe rules and policies on employee organizations and regulate employee-management 
19 
relations including the settlement of disputes; 
20 
(cc) Prescribe and enforce rules and regulations to promote and ensure safe, healthy and proper 
21 
working conditions for employees; 
22 
(dd) Keep and maintain personnel records, extend and accredit government service of public 
23 
officers and employees; 
24 
(ee) Delegate authority for the performance of any of its functions to other departments and 
25 
agencies where such functions can be effectively performed; 
26 
(ff) Appoint and discipline its officers and employees in accordance with law and exercise 
27 
control and supervision over the activities of the Commission; 
12 


1 
(gg) Administer programs that will foster an honest, graft-free public service, including but not 
2 
limited to the encouragement and protection of persons who report to proper government 
3 
authori ties anomalies and irregularities in government operations; and, 
4 
(hh) Exercise all powers and perform the functions properly belonging to a central personnel 
5 
agency. 
6 
7 
SEC. 19. Duties and Responsibilities of the Chairperson and the Commissioners.-
8 
(a) The Chairperson and the two Courmissioners shall be responsible for the effective exercise of 
9 
the rule-making, policy-formulation and adjudicative functions of the Commission. They shall 
10 
decide by a majority vote on any case or matter brought before the Courmission within sixty (60) 
11 
days from the date of its submission for decision or resolution. 
12 
(b) The Chairperson shall be the chief executive officer and shall perform the following 
13 
functions: 
14 
(1) Execute and administer the internal policies, decisions, orders, and resolutions 
15 
approved by the Commission; 
16 
(2) Direct and supervise the operations and internal administration ofthe Commission; 
17 
(3) Sign appointments of subordinate officers and employees made by the Commission 
18 
and enforce decisions on administrative discipline involving them; 
19 
(4) Submit the annual budget of the Commission to Congress for its approval; 
20 
(5) Transmit to the President, rules and regulations adopted by the Courmission which 
21 
require presidential attention including annual and other periodic reports; 
22 
(6) Delegate authority, in whole or in part, to other officers of the Courmission, III 
23 
accordance with the Rules and Regulations of the Courmission; and 
24 
(7) Perform such other functions as may be provided by law. 
25 
(c) The Chairperson shall be an ex -officio member of the board of directors and governing body 
26 
of government entities whose functions affect the career development, employment status, rights, 
27 
privileges and welfare of public officers and employees, such as the Government Service 
28 
Insurance System (GSIS), Foreign Service Institute (FSI), Board of Foreigu Service 
29 
Examinations (BFSE), Foreign Trade Service Board (FTSB), Board for Professional Teachers 
13 


1 
(BPT), Scientific Career Council (SCC), Development Academy of the Philippines (DAP), 
2 
Home Development Mutual Fund (HDMF), Philippine Health Insurance Corporation 
3 
(PhilHealth) and other similar boards as may be created by law. The Chairperson may delegate 
4 
any of these responsibilities to any of the Commissioners and other ranking officers of the. 
5 
Commission. 
6 
(d) The Commissioners may perform such functions as may be delegated by the Commission. In 
7 
the absence of the Chairperson owing to illness or incapacity, the senior Commissioner shall act 
8 
as, and perform the functions of the Chairperson. 
9 
10 
SEC. 20. Commission Proceedings.- The proceedings of the Commission shall be in 
11 
accordance with such rules as it may adopt. 
12 
13 
14 
Chapter 2. Organization and Structure 
15 
SEC. 21. Offices in the Commission.- The Commission shall have the following offices: 
16 
(a) Office of the Assistant Commissioners; 
17 
(b) Office for the Career Executive and Technical Systems; 
18 
(c) Office for Legal Affairs; 
19 
(d) EXamination, Recruitment, and Placement Office; 
20 
( e) Personnel Policies and Standards Office; 
21 
(f) Human Resource Development Office; 
22 
(g) The Civil Service Institute; 
23 
(h) Public Sector Labor Relations Office; 
24 
(i) Public Assistance and Information Office; 
25 
(j) Integrated Records Management Office; 
26 
(k) Office for Planning and Administration; 
27 
(1) Office for Financial and Assets Management; 
28 
(m) Office for Personnel Management and Development; 
29 
(n) Staff Support Offices; 
14 


1 
(I) Internal Audit Service; 
2 
(2) Commission Secretariat and Liaison Office; 
3 
(0) Regional Offices/Field Offices. 
4 
5 
SEC. 22. Office of the Assistant Commissioners.- The Office of the Assistant 
6 
Commissioners (OACs) shall render executive staff functions to the Commission in the areas of 
7 
research, policy review and program development. This office shall also handle special projects 
8 
and maintain external linkages as may be deemed necessary by the Commission. There shall be 
9 
no more than four (4) Assistant Commissioners at any given time. 
10 
11 
SEC. 23. Office of the Career Executive System.- The functions of the Office for the 
12 
Career Executive and Technical Systems (OCETS) are defined in Chapter 3 on the Third Level 
13 
Systems. 
14 
15 
SEC. 24. Office for Legal Affairs.- This office shall provide the Commission with legal 
16 
advice and assistance in the exercise of its rule-making, policy-formulation, prosecution, quasi-
17 
judicial and other functions. The Solicitor General shall represent the Commission in connection 
18 
with cases involving its functions before any court or tribunal. The Solicitor General may 
19 
deputize attorneys of the Commission to appear before such courts or tribunals but shall be under 
20 
the supervision and control of the Solicitor General with respect to such cases. 
21 
22 
SEC. 25. Examination, Placement and Recruitment Office.- The Examination, 
23 
Placement and Recruitment Office (ERPO) shall take charge of developing, enhancing, 
24 
controlling, supervising and coordinating pertinent schemes in the granting of civil service 
25 
eligibility such as but not limited to administration of Civil Service examinations. It shall also 
26 
take charge of formulating programs, policies, standards and guidelines in the certification and 
27 
placement of civil service eligibles. 
15 


1 
SEC. 26. Personnel Policies and Standards Office.- The Personnel Policies and 
2 
Standards Office (PPSO) shall take charge of the formulation and periodic review of 
3 
qualification-, performance- and promotion-standards within the context of the merit and rewards 
4 
policies of the various closed and open career systems. The office shall, in coordination with 
5 
appropriate offices in the Department of Budget and Management (DBM), develop policies and' 
6 
regulations with respect to the administration, maintenance and implementation of position 
7 
classification & compensation as well as standards for the establishment, allocation and 
8 
reallocation of pay scales, classes and positions. 
9 
OPPS shall also develop policies, programs and regulations relative to performance 
10 
management, as well as the inspection and audit of personnel mechanisms in the government 
11 
agencies. 
12 
13 
SEC. 27. Human Resource Development Office.- The Human Resource Development 
14 
Office (HRDO) shall formulate, administer, monitor and evaluate HRD programs and policies 
15 
relative to the development and retention of a qualified and competent work force in the public 
16 
service. It shall also be responsible for the innovation and modeling of development 
17 
interventions to enhance capacities and reinforce service values of public servants. 
18 
19 
SEC. 28. Civil Service Institute. - This office shall be responsible for the design and 
20 
administration of the Commission's training programs. 
21 
22 
SEC. 29. Public Sector Labor Relations Office.- The Public Sector Labor Relations 
23 
Office (PSLRO) shall take charge of all inter- and intra-public sector union concerns such as 
24 
employee relation standards, conciliation, registration and accreditation of unions including 
25 
advocacy work. It shall also serve as the secretariat for the Public Sector Labor Management 
26 
Council (PSLMC). The conduct of research and training on public sector unionism, as well as 
27 
the function of designing and developing labor education programs shall also be lodged in this 
28 
office. 
16 


1 
SEC. 30. Public Assistance and Information Office.- The Public Assistance Infonnation 
2 
Office (PAlO) shall take charge of managing an effective infonnation exchange system between 
3 
the Commission and its internal and external publics. Its function includes maintaining strong 
4 
linkages with media institntions/practitioners as well as undertaking special projects, such as the 
5 
CSC anniversary celebration and the Honor Awards Program, necessary in carrying-out its dual 
6 
role of infonnation dissemination as well as feedback generation on operations, programs and 
7 
thrusts ofthe Commission. 
8 
9 
SEC. 31. Integrated Records Management Office.- The Integrated Records and 
10 
Management Office (IRMO) shall f~lmulate and implement policies, standards and regulations 
11 
pertaining to the storage, maintenance, security control, and disposal of government personnel 
12 
records and other related civil service documents. Management of such records includes 
13 
maintenance ofthe resource center for computercbased infonnation, the library, the archives, and 
14 
the museum ofthe Commission. 
15 
IRMO shall also be responsible for the management of incoming and outgoing 
16 
communications of the Commission. 
17 
18 
SEC. 32. Office for Planning and Administration.- The Office for Planning and 
19 
Administration (OPA) shall be responsible for the fonnulation, implementation and monitoring 
20 
of the long-tenn Strategic Plans of the Commission. It shall provide technical support and 
21 
assistance to the Commission on organizational planning, benchmarking and research and in the 
22 
development of work programs and projects ofthe different Commission offices consistent with 
23 
its mandate. 
24 
OP A shall also oversee the fonnulation and management of the Infonnation Technology 
25 
Plan that shall serve as the blueprint for the development, implementation, and maintenance of 
26 
communication and information systems vital to the internal operations of the CSC as well as to 
27 
the decision-making functions of the Commission. 
17 


1 
SEC. 33. Office for Financial and Assets Mal/agement.- The Office for Financial 
2 
Assets and Management (OF AM) shall take charge of ensuring sound fiscal and asset 
3 
management consonant with the annual, supplemental and special budgets of the Commission as 
4 
contained in the General Appropriations Act. 
5 
6 
SEC. 34. Office for Personnel Management and Development.- The Office for 
7 
Personnel Management and Development (OPMD) shall take charge of formulating the human 
8 
resource management and development plan of the Commission, which includes development of 
9 
sound policies on personnel management in the areas of recruitment and selection, employee 
10 
welfare and discipline, career development programs as well as position classification and pay 
11 
plan of the Commission. 
12 
13 
SEC. 35. Internal Audit Service.- The Intemal Audit Service (lAS) shall oversee the 
14 
periodic evaluation of existing methods and procedures, including financial systems, in the 
15 
Commission and on the basis of such, formulate plans and programs relative to fiscal discipline, 
16 
and management improvement and productivity of the Commission. 
17 
18 
SEC. 36. Commission Secretariat and Liaison Office;- The Commission Secretariat and 
19 
Liaison Office (CSLO) shall take charge of programming and coordinating regular and special 
20 
meetings of the Commission, and of communicating with other government agencies. Its 
21 
function includes efficient information management and maintenance of all records, decisions, 
22 
policies, pronouncements and issuances of the Commission. 
23 
CSLO shall also be the main liaison with Congress, the Regional Offices, and other 
24 
government offices. 
25 
26 
SEC. 37. Regional Offices/Field Offices.- The Regional Offices shaH enforce Civil 
27 
Service rules, policies and standards on personnel management within their respective regional 
28 
jurisdictions. They shall provide technical advice and assistance to government offices and 
29 
agencies regarding personnel administration such as but not limited to examination and 
18 


1 
placement, career development, appointments, filing/resolution of legal cases, audit, and other 
2 
functions delegated by the Commission. 
3 
4 
SEC. 38. Changes in the Commission Organizational Structure.- The Commission may 
5 
reorganize or effect changes in its organization, including the creation, merger or consolidation, 
6 
splitting or division ill! d abolition of offices and positions. 
7 
8 
9 
Chapter 3. The Third Level Systems 
10 
SEC. 39. The Third Level Systems.- The Third Level administered by the Civil Service 
11 
Commission shall be composed of the Career Executive System and the Career Technical 
12 
System. The Career Technical System shall among others consist of the foreign service, 
13 
scientific, artistic, academic fields and other highly technical positions as maybe determined by 
14 
the Civil Service Commission. 
15 
16 
SEC. 40. Office for the Career Executive and Technical Systems.- The Office for the 
17 
Career Executive and Technical Systems, which shall be an office under the Civil Service 
18 
Commission with its own administrative and financial support system, shall serve as the 
19 
Secretariat for the Third Level Systems. It shall be responsible for the implementation of the 
20 
policies, rules, regulations, decisions, directives, and instructions pertaining to the third level. 
21 
The Office for the Career Executive and Technical Systems shall be headed by an 
22 
Assistant Commissioner, who shall be assisted by a Director IV, both of whom shall be Career 
23 
Executive Officers and appointed by the Chairperson ofthe Civil Service Commission. 
24 
25 
SEC. 41. The Career Executive System.- The Career Executive System shall cover all 
26 
executive and mi111ageria! positions in the Executive, Legislative, and Judicial branches, 
27 
including Constitutional offices and such other equivalent positions as may be identified by the 
28 
Board. 
19 


1 
Entry and advancement in the Career Executive System shall be governed by the 
2 
principle of merit and fitness, other requirements as may be prescribed by the Board through the 
3 
Civil Service Commission. The Career Executive System shall be essentially characterized by 
4 
the principles of security of tenure and mObility. 
5 
6 
SEC. 42. Membership.- A Career Executive Officer-Eligible who is assigned to a 
7 
position in the Career Executive System shall automatically be given the entry rank as Career 
8 
Executive Officer by the Civil Service Commission npon recommendation by the Board. This 
9 
process completes hislher membership in the Career Executive System. 
10 
11 
SEC. 43. Career Executive System Board.- The Board is the policy making body of the 
12 
Career Executive System. It shall promulgate rules, standards, and procedures in the recruitment, 
13 
selection, assignment to positions, classification, compensation, mobility, performance 
14 
management, tour of duty, rewards and incentives, and training and career development of 
is' 
Career Executive Officers and Career Executive Officer-Eligi1?les., 
16 
The Civil Service Commission shall exercise administrative supervision over the Board. 
17 
18 
SEC. 44. Composition of the Career Executive System Board.- The Board shall consist 
19 
of the Chairperson of the Civil Service Commission, as the Board's ex-officio Chairperson; the 
20 
Secretary of the Department of Budget and Management or hislher permanent representative not 
21 
lower than an Undersecretary; the President of the Development Academy of the Philippines; 
22 
and the Dean of the National College of Public Administration and Governance of the University 
23 
ofthe Philippines as ex-offiCiO members. 
24 
The Board shall also include a representative of the nationwide association of career 
25 
executive officers, a representative of the nationwide association of personnel managers in the 
26 
private sector, both of whom shall be nominated by their respective associations, and one from 
27 
the ranks of retired Career Executive Officers, all of whom shall be appointed by the Chairperson 
28 
for a term of three (3) years. 
20 


1 
Members of the Board shall be provided with per diems and allowances as may be 
2 
determined by the Commission. 
3 
4 
SEC. 45. Rank System in the Career Executive System.- Career Executive Officers shall 
5 
be classified according to ranks, which shall be established and determined by the Civil Service 
6 
Commission upon recommendation by the Board. The classification of ranks shall be based on 
7 
proven competence, qualifications, broad levels of responsibility, and other relevant 
8 
considerations. 
9 
10 
SEC. 46. Appointment to Rank.- Only a Career Executive Officer-Eligible assigned to a 
11 
position in the Career Executive System within the coverage of the Salary-Standardization Law, 
12 
shall be appointed to a rank by the Civil Service Commission upon recommendation by the 
13 
Board. The issuance of rank shall be done by the Chairperson of the Civil Service Commission. 
14 
15 
SEC. 47. Personnel Mechallisms.- The Board shall develop and design personnel 
16 
mechanisms for the Career Executive System in accordance with standards and policies 
17 
developed by the Commission: 
18 
19 
SEC. 48. Compensation.- A Career Executive Officer shall be compensated according to 
20 
rank and shall be provided with an attractive salary, fringe benefits, and reasonable allowances. 
21 
A Career Executive Officer occupying a position in the Career Executive System shall enjoy an 
22 
added premium based on hislher rank. In case a Career Executive Officer occupies a position 
23 
whose salary grade is higher than that ofhislher rank, he/she shall receive the difference between 
24 
the salary grade ofhislher position and hislher rank while assigned to the position. 
25 
The Board, in coordination with the Civil Service Commission, and in consultation with 
26 
the Department of Budget and Management, shall develop, and periodically review a 
27 
compensation plan for Career Executive Officers. 
28 
The employing agency shall provide the funds to pay the salary, fringe benefits, and 
29 
allowances of a Career Execntive Officer. 
21 


1 
SEC. 49. Mobility.- Notwithstanding any provision of law to the contrary, Career 
2 
Executive Officers may be assigned to any position in the Career Executive System without 
3 
diminution in rank and salary. 
4 
There shall be a tour of duty ofthree (3) years for each Career Executive Officer, during 
5 
which period he/she shall not be transfelTed to another office or position without hislher consent. 
6 
7 
SEC. 50. CES Resource Pool.- The Civil Service Commission shall establish a Career 
8 
Executive System Resource Pool drawn from Career Executive Officers who may be tapped by 
9 
other agencies of the govermnent for cross-posting to undertake special works and unique 
10 
assignments within a specific period, depending on the needs of the requesting agency. 
11 
Participation of Career Executive Officers in the Pool may either be voluntary or 
12 
involuntary. 
13 
For this purpose, the Civil Service Commission upon recommendation of the Board shall 
14 
establish the systems and procedures in the assignment of Career Executive Officers to the 
15 
Career Executive System Resource Pool. 
16 
The Civil Service Commission shall administer the Pool and pay for the salaries, benefits, 
17 
and other expenses of Career Executive Officers assigned to the Pool. 
18 
19 
SEC. 51. Securlty of Tenure.- A Career Executive Officer shall enjoy security of tenure 
20 
in the Career Executive System and shall not be suspended or dismissed, except for cause al1d 
21 
after due process. 
22 
Officers in Salary Standardization Law-exempt agencies shall be governed by private 
23 
sector rules and as such, shall not enj oy security of tenure. 
24 
25 
SEC. 52. Discipline.- The Civil Service Commission shall have the authority to 
26 
discipline occupants of positions in Career Executive System. 
27 
28 
SEC. 53. Promotion in Rank.- The Board shall recommend to the Civil Service 
29 
Commission the criteria which shall be the basis for promotion in rank. The criteria to be 
22 


1 
established shall include, but are not limited to, dimensions such as performance, qualification~, 
2 
and proven competence. 
3 
4 
SEC. 54. Assignment to Positions in the Career Executive System.- Career Executive 
5 
Officer-Eligibles shall be given priority in assignments to vacant positions in the Career 
6 
Executive System. In exceptional cases, a non-Career Executive Officer-Eligible may be 
7 
assigned to a position in the Career Executive System on a temporary status. He/she shall, 
8 
however, be replaced once a Career Executive Officer-Eligible becomes available. 
9 
Those who are in the Salary Standardization Law (SSL)-exempt agencies shall also be 
10 
required to be Career Executive Officer-Eligibles prior to their assignments to positions in the 
11 
Career Executive System. 
12 
As far as practicable, all Undersecretaries and Assistant Secretaries shall come from the 
13 
Career Executive Officers and Eligibles. In no case shall the number of non-career 
14 
Undersecretaries and Assistant Secretaries exceed more than fifty percent (50%) of the number 
15 
of career Undersecretaries and Assistant Secretaries. 
16 
The Civil Service Commission shall establish a mechanism to ensure that assignments to 
17 
positions in the Career Executive System conform to the standards prescribed under this Code. 
18 
19 
SEC. 55. Assignments by the President.- The President shall assign Career Executive 
20 
Officers to career Undersecretary and Assistant Secretary positions. Appointment to non-career 
21 
Undersecretary and Assistant Secretary positions shall be made by the President. 
22 
23 
SEC. 56. Assignments by the Head of Agency.- Assignments to Career Executive 
24 
System positions lower than Assistant Secretary shall be made by the head of agency or the 
25 
appointing authority concerned and such shall be subject to the approval by the Commission. 
26 
27 
SEC. 57. Training and Career Development.- The Board shall establish a continuing 
28 
program of training and career development for Career Executive Officers and Career Executive 
29 
Officer-Eligibles. 
23 


1 
SEC. 58. Performance Management.- The Board shall develop a system for periodic 
2 
evaluation of performance of occupants of positions in the Career Executive System, taking into 
3 
account their accomplishments and managerial capability. This periodic evaluation system shall 
4 
be the basis for the grant of incentives and awards, as well as for sanctions for poor performance. 
5 
6 
7 
8 
9 
BOOK II. PERSONNEL POLICIES AND STANDARDS 
Title I - On Employment 
Chapter 1. Recruitment 
10 
SEC. 59. Policy.- Recruitment in the civil service system shall be made on the basis of 
11 
merit and fitness to perform the duties and ass,ume the responsibilities of the position, to be 
12 
determined as far as practicable by competitive examination usually administered by the 
13 
Commission. Only the Commission shall have the authority to grant civil service eligibility. 
14 
Every Filipino citizen shall have equal access to or opportunities for public service 
15 
regardless of, among others religious belief, color, sex, regional origin, sexual-orientation or 
16 
ethnic affiliation. Measures shall be adopted to include qualified members of indigenous cultural 
17 
communities and other minority groups and differently abled persons for recruitment and 
18 
selection. 
19 
20 
SEC. 60. Kinds and Frequency of Civil Service Examinations.- Examinations may be 
21 
written, oral, physical, testimonial based on performance or skills or a combination of these 
22 
types. Examinations may take into consideration experience, education, aptitude, capacity, 
23 
knowledge, character, physical fitness and other attributes of the applicant as may be determined 
24 
by the Commission. 
25 
The Commission shall administer competitive examinations for all levels in the career 
26 
service and grant corresponding civil service eligibilities to passers of the same and conduct civil 
27 
service examinations as often as the exigency of the service requires, Civil service special 
28 
examinations may be conducted upon request of a particular department or agency, subject to 
29 
rules and regulations promulgated by the Commission. 
24 


1 
SEC. 61. Qualifications of Applicants to Civil Service Examinations.- Admission to 
2 
civil service examinations shall be limited to citizens of the Philippines who satisfactorily meet 
3 
the requirements prescribed by the Commission. 
4 
5 
SEC. 62. Invalidation of Civil Service Examination Results.- The Commission shall 
6 
have the authority to invalidate civil service examination results based on statistical 
7 
improbability and other forms of irregularity as determined by the Commission, 
8 
9 
SEC. 63. Examination Rating for Civil Service Eligibility.- Unless otherwise prescribed 
10 
by the Commission, every examinee who obtains a general rating of at least eighty (80%) percent 
11 
shall be granted a civil service eligibility. 
12 
13 
SEC. 64. Simultaneous Release of Examination Results.- The results of an examination 
14 
held in various locations on the same date shall be released simultaneously. 
15 
16 
SEC. 65. Registers of Civil Service Eligibles.- The Commission shall maintain a register 
17 
of qualified eligibles for each category of examination actually available for appointment. The 
18 
register shall be the basis for certification and appointment in the civil service system. 
19 
20 
SEC. 66. Bar or Board Examinations as Eligibility.- Successful examinees to bar or 
21 
board examinations requiring completion of baccalaureate degrees or courses requiring not less 
22 
than seventy-two (72) units of collegiate subjects or its equivalent as well as those registered 
23 
under their respective boards to practice their professions without examination, shall be 
24 
considered civil service eligibles. Their eligibilities shall be effective upon the release of 
25 
examination results or the date of registration, as the case may be. 
26 
The Supreme Court and the Professional Regulation Commission shall fumish the 
27 
Commission with the official list of successful examinees within thirty (30) days from the release 
28 
of the examination results. 
25 


1 
SEC. 67. Effectivity and Imprescriptibility of Civil Service Eligibility.- Eligibilities 
2 
resulting from civil service, bar or board examinations shall be effective on the date of the 
3 
release of examination results. Other eligibilities granted by the Commission shall be effective 
4 
on the date of the grant. 
5 
Civil service eligibilities shall be imprescriptible. 
6 
7 
SEC. 68. Agency Responsibilities in the Conduct of Examinations.- All departments 
8 
and agencies shall extend the necessary support and assistance to the Commission in the conduct 
9 
of civil service examinations. They shall make available such personnel, buildings, 
10 
transportation, communication and other facilities, that may be needed in the administration of 
11 
the examinations. 
12 
13 
SEC. 69. Printing, Storage, Transportation and Distribution of Examination 
14 
Materials. - The printing, storage, transportation and distribution of examination materials shall 
15 
be under the exclusive supervision and control of the Commission. The Commission shall 
16 
determine and provide the necessary security measures for this purpose. 
17 
18 
SEC. 70. Examining Committees, Examiners and Investigators.- The Commission may 
19 
deputize persons to act as members of examining committees, examiners or investigators to 
20 
perform such duties as the Commission may require. In the performance of such duties, they 
21 
shall be under the exclusive control and supervision of the Commission. Such persons so 
22 
deputized may be given allowances or per diem for their services to be paid out of funds 
23 
allocated for the particular examination and at a rate to be determined by the Commission. 
24 
Expenses for specialized examinations shall be allocated by the requesting department or 
25 
agency. 
26 
27 
Chapter 2. Selection and Appointment 
26 


1 
SEC. 71. Selection Process.- Each department or agency shall evolve its own selection 
2 
process in accordance with standards and guidelines set by the Commission. 
3 
A Personnel Selection Board for all levels shall be established in each department Or 
4 
agency to assist the appointing authority in the judicious evaluation and selection of personnel. 
5 
The board shall be established in accordance with standards and guidelines set by the 
6 
Commission. 
7 
8 
SEC. 72. Requisites for Appointment.- Employment in the govemment service shall be 
9 
made through appointment in accordance with the provisions of the Constitution, this Code, 
10 
other laws and the rules and standards prescribed by the Commission. 
11 
In the appointment of teachers to public elementary or secondary schools preference shall 
12 
be given to qualified bona fide residents of the municipality/city where the school is located. 
13 
14 
SEC. 73. Publication of Vacancies.- All vacant positions in government shall be 
15 
published or announced in either print or broad,cast media or in, any other form of publication 
16 
such as in a newspaper or periodical of general or local circulation; the quarterly bulletin of 
17 
vacant positions prepared by the Commission; or through posting on internet websites; prior to 
18 
its filling-up. Provided, however that, only vacancies at the local government units shall be 
19 
published in newspapers or periodicals which are of local circulation, or announced in local radio 
20 
networks. 
21 
The agency where the vacancy is shall be responsible in publishing or announcing its 
22 
vacant positions and such shall be posted in at least three (3) conspicuous public places in their 
23 
area of jurisdiction. Provided, further that, published vacant positions shall be open to any 
24 
qualified person and that the Commission shall not act on any appointment to a vacant position 
25 
unless the same has been published and posted. 
26 
The following positions shall be exempt from the publication requirement: 
27 
(a) primarily confidential; 
28 
(b) policy-determining; 
29 
(c) highly technical; 
27 


1 
2 
3 
(d) cotenninous with that ofthe appointing authority; or 
(e) limited to the duration of a particular project. 
4 
SEC. 74. Merit and Fitness in Appointment.- Appointment in the civil service system 
5 
shall be made only according to merit and fitness to be detennined, as far as practicable, by 
6 
competitive examination, except to positions which are policy detennining, primarily 
7 
confidential, or highly technical. 
8 
9 
SEC. 75. Who May Appoint.- Appointment in the civil service system shall be issued 
10 
only by those authorized by the Constitution or by law including those appointed in an acting 
11 
capacity. Those who are designated cannot exercise the power to appoint. 
12 
The appointing authority shall confine his/her choice to the top five candidates as ranked 
13 
by the Personnel Selection Board (PSB). 
14 
15 
SEC. 76. Qualifications for Appointment.- Appointment in the civil service system shall 
16 
be limited to citizens of the Philippines who are at least eighteen (18) years of age and who meet 
17 
the qualifications and none of the disqualifications prescribed for the position. 
18 
19 
SEC. 77. Effectivity of Appointment.- An appointment shall take effect immediately 
20 
upon its issuance by the appointing authority. If the appointee has assumed the duties of the 
21 
position, he/she shall be entitled to receive salary at once without awaiting the approval of 
22 
hislher appointment by the Commission. Such appointment cannot be withdrawn or cancelled by 
23 
the appointing authority and shall remain in full force and effect unless disapproved by the 
24 
Commission. However, an appointment issued through fraudulent means or in violation of law, 
25 
shall be void from the beginning. 
26 
In the case of temporary appointment, the twelve (12) month period ofits effectivity shall 
27 
be reckoned from the date of issuance of the appointment and not from the date the appointee 
28 
assumes the duties of the position. 
28 


1 
No officer or employee in the government shall allow a person to render service without 
2 
an appointment duly issued by the appointing authority. Those who allow such service in 
3 
violation of this Section shall be personally liable for the salaries of the person concerned. 
4 
Moreover, the services rendered by the said person shall not be credited as government service. 
5 
If the appointee does not assume office within thirty (30) days from date of issuance of 
6 
appointment, said appointment shall be deemed automatically cancelled. 
7 
If the appointee is not allowed to assume office by the appointing authority in spite of the 
8 
Commission's approval of the appointment, the appointing authority shall be held liable for 
9 
contempt of the Commission. This is without prejudice to hislher liability under RA 3019 (Anti-
10 
Graft and Corrupt Practices Act) and other criminal and administrative sanctions. 
11 
12 
SEC. 78. Appointment Form.- An appointment shall be issued in the form prescribed by 
13 
the Commission. 
14 
15 
SEC. 79. Submission of Appointments and Oaths of Office.- All appointments in the 
16 
civil service system, except those issued by the President, shall be submitted to the Commission 
17 
for approval not later than thirty (30) days from the date of issuance thereof. Such approval shall 
18 
be indicated below the signature of the appointing authority; otherwise, it shall be made effective 
19 
thirty (30) days prior to the date of submission to the Commission. 
20 
Copies of appointments and oaths of office of those appointed by the President shall be 
21 
submitted to the Commission for record purposes. 
22 
23 
SEC. 80. Merit Promotion Plan.- Each department or agency shall establish a Merit 
24 
Promotion Plan, subject to the approval of the Commission in accordance with standards and 
25 
guidelines it may prescribe. 
26 
27 
SEC. 81. Appropriate Civil Service Eligibility.- Appropriate civil service eligibility shall 
28 
be required for permanent appointment to positions in the career service in accordance with the 
29 
standards set by the Commission. Wheoever there is a qualified civil service eligible willing and 
29 


1 
actually available for appointment, no appointment shall be issued to a person who is not an 
2 
eligible, even in a temporary capacity. 
3 
When as certified to by the Commission, the immediate filling of the vacancy is required 
4 
in the public interest, or when the vacancy is not permanent, a temporary appointment may be 
5 
issued to eligibles who lack any of the other requirements for appointment or, to non-eligibles 
6 
who meet all the other mandatory requirements for a particular position. 
7 
A person with a civil service eligibility acquired by passing an examination shall be 
8 
qualified for a position requiring a lower level eligibility if helshe possesses the other 
9 
requirements for appointment to such position. 
10 
Nothing herein shall affect eligibilities acquired prior to the effectivity of this Code. 
11 
12 
SEC. 82. Qualification Standards.- Qualification standards shall be used: (a) as a basis 
13 
for civil service examinations for positions in the career service; (b) as a guide in appointment 
14 
and other personnel actions; ( c) in the adjudication of protests against appointment; (d) in 
15 
determining training needs; and (e) as an aid in inspection and audit of the agencies' personnel 
16 
work programs. 
17 
The establishment, administration and maintenance of qualification standards shall be the 
18 
responsibility of the department or agency concerned, with the approval of the Commission. 
19 
Qualification stapdards shall be administered so as to continually provide incentives to 
20 
public officers and employees towards professional growth. 
21 
22 
23 
Chapter 3. Status of Appointment 
24 
SEC. 83. Appointment Status.- The status of an appointment shall be: 
25 
(a) Permanent - an appointment issued to a person who meets all the qualification requirements 
26 
of the position. In no case shall a person who meets all the requirements for permanent 
27 
appointment be issued temporary appointment except to occupational groups of positions 
28 
requmng additional or special disqualifications, in which case, prior clearance to issue temporary 
30 


1 
appointment shall first be secured from the Commission. In case an appointment is erroneously 
2 
issued, the Commission shall make the necessary rectification. 
3 
Whenever there is a qualified civil service eligible willing and actually available for 
4 
appointment as certified by the Commission, a non-eligible shall not be appointed even in a 
5 
temporary capacity to any vacant position in the career service. 
6 
(b) Temporary - an appointment issued to a person who does not meet the eligibility or any of 
7 
the other qualification requirements of the position: Provided, that there are no qualified eligibles 
8 
willing and actually available for appointment and that the appointment shall not exceed twelve 
9 
(12) months. 
10 
A temporary employee shall not be removed except for cause during the one (1) year 
11 
period; Provided, that helshe may be replaced any time within the said period, only by a 
12 
qualified civil service eligible. In the latter case, the appointing authority shall recall the 
13 
temporary appointment and appoint the qualified civil service eligible. 
14 
( c) Provisional - an appointment issued to a teacher who meets all the requirements of the 
15 
position except the eligibility but shall not exceed twelve (12) months. 
16 
(d) Substitute - an appointment issued to a person who has all the qualifications for permanent 
17 
appointment but shall occupy a temporary vacancy while the regular occupant thereof is on an 
18 
approved leave of absence for at least one month, on a scholarship grant, on secondment, out on 
19 
official business, or is unable to perform the duties for at least a month. 
20 
( e) Co-terminus status of appointment - an appointment issued to a person whose entrance and 
21 
continuity in the service is: (1) based on the trust and confidence of the appointing authority or of 
22 
the head of the organizational unit where helshe is assigned; (2) limited by the duration of the 
23 
project; (3) co-existent with the life span of the agency or office created; or (4) co-existent with 
24 
the term or tenure of office of the appointing authority or the head of a specific organizational 
25 
unit. 
26 
(1) Contractual - an appointment issued to a person for services in accordance with a special 
27 
contract to undertake a specific work requiring special or technical skills unavailable in the 
28 
employing agency, to be accomplished within one year. The contractual employee shall perform 
29 
the specific work under his/her own responsibility with minimum direction and supervision from 
31 


1 
the hiring agency. No contractual appointments corresponding to plantilIa positions shall be· 
2 
issued. 
3 
(g) Casual - an appointment issued to a person for services in an emergency or during peak work 
4 
period to positions which do not have regular items in the plantilla of personnel of the 
5 
department or agency. A casual appointment shall not exceed twelve (12) months. 
6 
Casual employees who have been in the service for an aggregate of three (3) years from 
7 
the approval of this Act who meet all the qualification requirements of the position shall be 
8 
absorbed as regular employees in accordance with the budgetary limitations set by law and rules 
9 
to be promulgated by the Commission. 
10 
In no case shall temporary, provisional, contractual and casual appointments exceed an 
11 
aggregate number of three (3) years in the same position except in meritorious cases as 
12 
determined by the Commission. 
13 
14 
SEC. 84. Job Orders / Contract of Services and Consultancy.- The appointing authority 
15 
may enter into service contracts such as job orders/contracts of services and consultancies with 
16 
individuals and institutions to cover lump sum work or services for short duration wherein 
17 
noemployer-employee relation exists which contract shall be submitted to the Commission thirty 
18 
(30) days from perfection of the contract for monitoring and record purposes. 
19 
20 
SEC. 85. Budget for Casual, Contractual Services and Job Orders / Contracts of 
21 
Services.- The aggregate annual expenditure for consultancy, casual and contractual services 
22 
shall jointly be determined by the Commission and the Department of Budget and Management. 
23 
24 
25 
Chapter 4. On Personnel Actions 
26 
SEC. 86. Personnel Action.- Denotes the movement of personnel within the civil service 
27 
system. It shall include original appointment, promotion, transfer, reinstatement, reemployment, 
28 
reappointment, renewal, change of status, upgrading or reclassification, demotion and other 
32 


1 
related action. Personnel actions shall be in accordance with the rules, standards and regulations 
2 
promulgated by the Commission. 
3 
A vacancy may be filled up by any of the following personnel actions: original 
4 
appointment, promotion, transfer, renewal, demotion, reemployment and reappointment. , 
5 
6 
SEC. 87. Original Appointment.- refers to the initial entry into the career service or non-
7 
career service. 
8 
The appointee shall undergo a probationary period of six (6) months during which he/she 
9 
shall undergo a thorough assessment of his/her performance and character. His/Her services can 
10 
be terminated anytime during said period for unsatisfactory conduct 01' want of capacity. The 
11 
order of termination shall be served through personal notice or through constructive notice and 
12 
shall no longer be appealable. 
13 
14 
SEC. 88. Promotion.- is the movement of an employee to a higher position with a 
15 
corresponding increase in duties and responsibilities, usually accompanied by an increase in 
16 
salary. 
17 
The pendency of an administrative case against any public officer or employee shall not 
18 
be a bar to promotion. 
19 
20 
SEC. 89. Transfer. - is the movement of an employee from one agency to another or 
21 
from one position to another within the same agency which may involve a position of higher, 
22 
equivalent or lower rank, level or salary, without break in the service. Transfer requires the 
23 
issuance of an appointment. 
24 
25 
SEC. 90. Reinstatement.- is the automatic restoration of a person to a position from 
26 
which he/she was illegally separated with back salaries, allowances and other monetary benefits 
27 
except rata and uniform allowance not to exceed five (5) years reckoned retroactively from the 
28 
date ,of actual reinstatement. 
33 


1 
SEC. 91. Reemployment.- is the appointment of a person who has been previously 
2 
appointed to a position in the goverrunent service after separation therefrom. Reemployment 
3 
presupposes gap in the service. 
4 
5 
SEC. 92. Reappointment.- is the issuance of an appointment during reorganization, 
6 
devolution, salary standardization involving change in position titles and salary grades, or similar 
7 
events. Reappointment presupposes no gap in the service. 
8 
9 
SEC. 93. RenewaL- is the subsequent appointmeot issued immediately upon the 
10 
expiration of a temporary, contractual or casual appointment, if a qualified eligible is not willing 
11 
and actually available, as certified by the Commission. Renewal presupposes no gap in the 
12 
service. 
13 
14 
SEC. 94. Demotion.- is the movement from one position to another within the same 
15 
department or agency involving the issuance. of an appointment with diminution in duties, 
16 
responsibilities and status or rank which mayor may not involve reduction in salary: Provided, 
17 
that such demotion shall require the consent of the officer or employee concerned. 
18 
19 
SEC. 95. Reclassijication.- is the process of upgrading or downgrading a position 
20 
without change of status and regardless of the qualifications of the holder of said position. 
21 
22 
SEC. 96. Personnel Movements Not Involving the Issuance of Appointment~~- The 
23 
issuance of an appointment is not needed in personnel movement involving no change in position 
24 
title, rank or status if the existing appointment does not specify the work station. Such movement 
25 
may include the following: 
26 
(a) change in item number only 
27 
(b) Salary adjustment 
28 
(c) Step-increment 
29 
(d) Upgrading (same position) 
34 


1 
Notice of such adjustment or movement shall be submitted to the Commission within 
2 
thirty (30) days from issuance thereof. 
3 
Except for secondment, the following personnel movements do not require the issuance 
4 
of appointments but shall require office orders: 
5 
(a) Reassignment - is the movement of an employee across the organizational structure within 
6 
the same department or agency, which does not involve diminution in rank, status or salary. 
7 
Reassignment of employees with station-specific appointments shall be allowed for maximum 
8 
period of one year only, if without the consent of the employee. Reassignment of employees 
9 
without station-specific appointments has no definite duration, except when the reassignment is 
10 
outside the geographical location, in which case reassignment without the consent of the 
11 
employee shall be for one year only. Reassignment is presmned to be regular and made in the 
12 
interest of public service unless proven otherwise or if it constitutes constructive dismissal. 
13 
Constructive dismissal exists when an official or employee quits his or her work because of the 
14 
agency head's unreasonable, humiliating or demeaning actuations which render continued work 
15 
impossible, or when the reassigmnent results in severe economic dislocation, performance of 
16 
duties and responsibilities alien and remote to those attached to the position, or placement in 
17 
remote and inaccessible geographic location. In these cases, the employee is deemed illegally 
18 
dismissed.This may occur although there is no diminution or reduction in rrulk, status or 
19 
salary of the employee. 
20 
(b) Detail - is the temporary movement of a public officer or employee from one department or 
21 
agency to another without the issuance of an appointment but with the consent of both the 
22 
mother and receiving agencies and shall be allowed only for a maximmn period of one year; 
23 
otherwise, the consent of the officer or employee concerned shall be necessary. Detail shall not 
24 
result in reduction in rank, status or salary. Detail which results in demotion in rank, status or 
25 
salary or which exceed one (I) year without the consent of the public officer or employee may be 
26 
appealed to the Commission. Pending the appeal, detail of the officer or employee shall be held 
27 
in abeyance until the decision of the Commission. The detailed employee shall carry hislher 
28 
regular position in the mother agency and continue to receive hislher salary from the mother 
29 
agency. 
35 


1 
(c) Job Rotation - is the sequential movement of an officer or employee from one office to 
2 
another or from one division to another within the same agency as a means for developing and 
3 
enhancing the potentials of people in an organization by exposing them to the other work 
4 
functions of the agency. It shall be allowed only for a maximum period of one (1) year. 
5 
However, job rotation exceeding one (1) year may be allowed with the written consent of the 
6 
officer or employee. 
7 
(d) Secondment - is a movement of an officer or employee from one department or agency to 
8 
another upon mutual concurrence between the mother agency, the receiving agency and the 
9 
employee concerned which should be covered by a Memorandum Of Agreement (MOA) in 
10 
accordance with the guidelines that the Commission may promulgate. It is temporary in nature 
11 
which may involve reduction or increase in compensation and mayor may not require the 
12 
issuance of an appointment. The seconded employee shall be on leave without pay from the 
13 
mother agency and shall be entitled to the compensation of the position to which he/she was 
14 
seconded in the receiving agency. Unless otherwise specified in the MOA, the receiving agency 
15 
shall shoulder all the benefits and emoluments of the seconded employee. 
16 
(e) Designation - The employee designated should hold permanent appointments to career 
17 
positions. The designee cannot be granted the salaries of the positions they are being designated 
18 
to, except allowances that go with their functions. 
19 
20 
SEC. 97. Change of Status.- When a temporary officer or employee acquires the 
21 
appropriate eligibility or becomes fully qualified to the position to which he/she is appointed, the 
22 
status of such appointment shall be changed from temporary to permanent without issuing. 
23 
another appointment. However, such change shall be reflected in the records of the Commission 
24 
upon the notification by the agency concerned. 
25 
26 
27 
Title II - Disputes Regarding Appointments and Other Personnel Actions 
Chapter 1. Contest on Appointments and Other Non-Disciplinary Cases 
36 


1 
SEC. 98. Who May Contest An Appointment.- Any eligible qualified for the position 
2 
may contest an appointment made in favor of one who is not qualified or whose appointment is 
3 
issued not in accordance with law. 
4 
5 
SEC. 99. Adjudication of Contests on Appointments and Other Personnel Actions.- All 
6 
other cases on non-disciplinary personnel actions shaH be adjudicated initiaHy by the appointing 
7 
authority, in accordance with the procedure prescribed by the Commission. 
8 
9 
SEC. 100. Appeals on Contests of Appointments Other Personnel Actions And Non 
10 
Disciplinary Cases.- The decisions of heads of agencies shall be appealable to the Commission. 
11 
12 
13 
14 
TITLE III - Agency Personnel Administration 
Chapter 1. Inter-Agency Relations 
15 
SEC. 101. The Central Personnel Agency.- The Commission, as the central personnel 
16 
agency of the government, shall promulgate rules and regulations to govern personnel 
17 
administration and management in the civil service system. 
18 
19 
SEC. 102. Responsibility for Personnel Administration.- The head of each department 
20 
or agency shall be responsible for personnel administration in the office. Each department or 
21 
agency shall establish a personnel office to be headed by a Human Resource Management 
22 
Officer (HRMO) who shall be responsible for the effective implementation of personnel 
23 
regulations and policies. 
24 
Employee unions and organizations shall be consulted and represented in the 
25 
development and implementation of the agency personnel mechanisms such as merit promotion 
26 
plan, incentives and rewards program, performance appraisal system, incentives and rewards 
27 
plan, training and development plan, grievance machinery, and occupational and health plan, in 
28 
accordance with the rules and regulations promulgated by the Commission. 
37 


1 
SEC. 103. Council of Human Resource Management Officers.- There shall be 'a 
2 
Council of Human Resource Management Officers (CHRMO) to be composed of holders of the 
3 
HRMO positions which shall elect from among its regular members a set of officers and 
4 
promulgate its internal rules and procedures. 
5 
The CHRMO shall have the following functions: 
6 
(a) Offer advice, upon request of the Secretary of the department or the Commission, in 
7 
developing constructive policies, standards, procedures, and programs as well as on matters 
8 
relating to the improvement of personnel methods and to the solution of personnel problems 
9 
confronting the various departments and agencies ofthe government; 
10 
(b) Promote among the departments and agencIes, through study and discussion, unifonn and 
11 
consistent interpretation and application of per sOl mel policies; and 
12 
(c) Serve as a clearing house of information and simulate the use of methods of personnel 
13 
management that will contribute most to good government. 
14 
15 
SEC. 104. Appointment of Human Resource Management Officers in the Local 
16 
Government Units.- The local chief executive shall appoint Human Resource Management 
17 
Officers from among the list of at least three (3 )-recommendees of the Commission .. 
18 
19 
20 
Chapter 2. Local Government Personnel Administration 
21 
SEC. 105. Responsibility for Local Government Personnel Administratioll.- Each local 
22 
government unit shall establish a human resource management office to be headed by an HRMO 
23 
who shall be responsible for the implementation of persOimel regulations and policies in 
24 
accordance with the provisions of this Code, the Local Government Code, and rules, policies, 
25 
standards, guidelines and regulations promulgated by the Commission. 
26 
27 
SEC. 106. HRMO Positions in LGUs.- The position of HRMO shaH be immediateIy 
28 
mandatory for provincial and city governments, and first and second class mlmicipaiities. Third 
29 
and fourth class municipalities shall create the HRMO position within three (3) years from the 
38 


1 
effectivity of this Code. While the fifth and sixth class municipalities shall create the same within 
2 
five (5) years. 
3 
4 
5 
Chapter 3. Position Classification and Compensation 
6 
SEC. 107. Position Classification and Compensation System.- There shall be a Position 
7 
Classification and Compensation System (PCCS) which shall be jointly prepared and 
8 
administered by the Commission and the Department of Budget and Management. 
9 
10 
SEC. 108. Parts of the PCCS.- The PCCS shall have two parts: the Position 
11 
Classification Plan and the Compensation Plan. 
12 
The Position Classification Plan shall consist of the following: 
13 
(a) The occupational groups and classes to which positions are to be allocated or reallocated; and 
14 
(b) The rules and regulations for its implementation. 
15 
The Compensation Plan shall consist of tile following: 
16 
(a) Salary schedule; 
17 
(b) Policies relative to allowances, bonuses, pension plan and other benefits accruing to public 
18 
officers and employees in the civil service system; and 
19 
( c) The rules and regulations for its implementation. 
20 
21 
SEC. 109. Basis for Position Classification and Compensation.- The classification and 
22 
compensation of positions in the civil service system shall be based on similarity of kind and 
23 
level of work and the determination of the relative worth ofthese classes of positions. 
24 
25 
SEC. 110. Coverage of the PCCS.- The pees shall apply to all positions in the civil 
26 
service system whether permanent or temporary, appointive or elective on full-time Of parttime 
27 
basis now existing or hereafter created. 
39 


1 
SEC. 111. Allocation and Compensation of Positions.- Each department or agency shall 
2 
allocate positions in accordance with the rules and regulations issued jointly by the Commission 
3 
and the Department of Bndget and Management. Such allocations shall be binding on the 
4 
administrative and auditing offices of the government. Any change in the position classification 
5 
and compensation shall be included in the annual appropriations or budget of the department or 
6 
agency only if it is in accordance with the PCCS mentioned in Section 103 hereof. 
7 
8 
9 
Chapter 4. Personnel Inspection and Audit 
10 
SEC. 112. Purpose.- The Commission shall conduct a periodic inspection and audit of 
11 
the personnel management programs of each department and agency to: 
12 
(a) Detennine compliance with civil service law, rules and standards; 
13 
(b) Review the exercise of delegated authority; 
14 
( c) Evaluate the progress made and problems encountered in the implementation of . 
15 
the merit system; 
16 
(d) Advise and provide assistance in the development of constructive policies, 
17 
standards and procedures; and 
18 
(d) Improve all areas of personnel management. 
19 
20 
SEC. 113. Scope.- The inspection and audit of the personnel management programs may 
21 
include the following: 
22 
(a) Organization and personnel management; 
23 
(b) Fonnulation, issuance and implementation of personnel policies; 
24 
( c) Recruitment and selection of employee; 
25 
(d) Personnel action and employment status; 
26 
(e) Career and employee development; 
27 
(f) Perfonnance evaluation systems; 
28 
(g) Employee suggestions and incentive award; 
29 
(h) Employee relations and service; 
40 


1 
(i) Discipline; 
2 
(j) Personnel records and reporting; 
3 
(k) Program evaluation; and 
4 
(1) Employee organization. 
5 
6 
SEC. 114. Submission of Audit Reports.- The Commission shall regularly submit its 
7 
audit reports to the units concerned, heads of departments, Office of the President and the 
8 
Legislature. 
9 
10 
BOOK III. HUMAN RESOURCE MANAGEMENT 
11 
Title I - Human Resource Development 
12 
Chapter 1. Policy on Human Resource Development 
13 
14 
SEC. 115. Policy.- There shall be an integrated program on human resource development 
15 
for all levels and ranks in the civil service system that shall provide equal opportunities for career 
16 
development. 
17 
The Commission shall provide leadership in the integration of all human resource 
18 
development programs. All departments and agencies shall develop and implement human 
19 
resource development plans and programs for their personnel to include among others, training 
20 
and development, performance appraisal and incentives and awards in accordance with 
21 
Commission policies and standards. 
22 
23 
Chapter 2. Training and Development 
24 
25 
SEC. 116. Training and Development System.- The Commission shall establish an 
26 
Integrated Training and Development System (lTDS) for all levels and ranks. This shall include 
27 
opportunities for training in skills enhancement and capability-building programs, local and 
28 
foreign scholarships, and otber educational opportunities. 
41 


1 
SEC. 117. Commission's Responsibilities for Training and Development.- The 
2 
Commission shall be responsible for the development, administration and evaluation of 
3 
government-wide training programs on public personnel administration. 
4 
The Commission shall issue the appropriate rules and regulations for the said training and 
5 
development programs. 
6 
7 
SEC. 118. Responsibilities for Local and Foreign Scholarships.- The Commission shall 
8 
have the responsibility to administer service-wide local and foreign scholarship programs. 
9 
It shall also develop policies, standards, procedures and guidelines for the effective, 
10 
efficient and equitable distribution of all scholarship grants. However, foreign scholarship grants 
11 
which are part of the overseas development assistance (ODA) shall be administered by an Inter-
12 
agency Committee co-chaired by the Commission and the National Economic and Development 
13 
Authority. 
14 
15 
SEC. 119. Inter-Agency Scholarship Committee.- The inter-agency scholarship 
16 
committee which shall be co-chaired by the Chairperson of the Commission and by the Director 
17 
General ofthe National Economic and Development Authority (NEDA) or their duly designated 
18 
representatives shall have as members the heads of the following agencies or their duly 
19 
designated representatives who hold positions not lower than that of assistant secretary or its 
20 
equivalent: 
21 
(a) Department of Foreign Affairs; 
22 
(b) Department of Education; 
23 
(c) University of the Philippines; 
24 
(d) Commission on Higher Education; and the 
25 
(e) Presidential Management Staff - Office of the President. 
26 
The Committee Secretariat shall be based at the NEDA. 
27 
28 
SEC. 120. Agency Responsibilities for Training and Development.- Each department or 
29 
agency shall be responsible for the development, implementation and evaluation of its training 
42 


1 
and development plan as well as its gender and development plan in accordance with the policies 
2 
and standards promulgated by the Commission. To carry out these responsibilities, each agency 
3 
shall establish its own Personnel Development Committee pursuant to the rules and regulations 
4 
promulgated by the Commission. 
5 
6 
SEC. 121. Technical Assistance and Consultative Services.- The Commission shall 
7 
provide technical assistance and consultative services 10 all departments and agencies in the 
8 
development, administration and evaluation of their human resource development programs. 
9 
The Commission may also avail of advisory assistance from its accredited training 
10 
institutions, professional organizations, public sector unions, federations, confederations and 
11 
non-government organizations (NOOs) in connection with its human resource development 
12 
policies and programs. 
13 
14 
SEC. 122. Funding.- Each department or agency with individual budget shall allocate an 
15 
amount of not less than 5% thereof to be spent exclusively for its training and development 
16 
programs and activities including conferences and conventions and submit periodic reports 
17 
thereofto the Commission. 
18 
Each agency s4all likewise allocate 5% of its budget for gender and development 
19 
activities and submit to the commission, periodic report on the utilization thereof. 
20 
21 
22 
Chapter 3. Performance Appraisal 
23 
SEC. 123. Performance Appraisal System.- The Commission shall establish a 
24 
Performance Appraisal System (PAS) for all appointive public officers and employees which 
25 
shall be the basis for incentives, rewards and recognition, training and development, personnel 
26 
actions, and administrative sanctions. 
43 


1 
SEC. 124. Performance Appraisal Plan.- Each department or agency shall develop and 
2 
use one or more appropriate Perfonnance Appraisal Plans (PAP) for the various groups of 
3 
positions therein. 
4 
All perfonnance appraisal plans shall be submitted to the Commission for approval in 
5 
accordance with its policies, standards and guidelines. 
6 
7 
Chapter 4. Incentives and Awards 
8 
9 
SEC. 125. Rewards System.- The Commission shall establish a rewards system. It shall 
10 
include incentives, commendations and awards. The rewards system shall be granted 
11 
individually or in groups, for outstanding performance, exemplary conduct on the job, 
12 
inventions, ideas or suggestions, superior accomplishments and other extraordinary acts or 
13 
services in the interest of the public. 
14 
The Commission shall develop, implement and evaluate the rewards system in all levels 
15 
and ranks. 
16 
17 
SEC. 126. Merit and Rewards Plan.- Each department or agency shall develop a merit 
18 
and rewards plan appropriate for its officers and employees in accordance with policies and 
19 
standards promulgated by the Commission. 
20 
The plan shall first be submitted to the Commission for approval before it can be 
21 
implemented. 
22 
23 
SEC. 127. Funding of the Rewards Plan.- The Commission and the Department of 
24 
Budget and Management shall develop the funding scheme for the implementation of the 
25 
rewards system. 
26 
27 
28 
TITLE II - Personnel Relations in the Civil Service System 
Chapter 1. Personnel Relations 
44 


1 
SEC.12S. Declaration of Policy.- The Commission shall provide leadership and 
2 
assistance in developing personnel relations programs in the civil service system in consultation 
3 
with public officers and employees and/or their organizations with their respective departments 
4 
and agencies. 
5 
The head of a department or agency shall be responsible for an effective personnel 
6 
relations program in the department or agency. 
7 
8 
SEC. 129. Grievance Machinery.- Each department or agency of the Government, with 
9 
the assistance and approval of the Commission shall establish and administer a grievance 
10 
machinery to promote wholesome and desirable relations among employees and between 
11 
employees and management. 
12 
Employees shall have the right to have their grievances adjudicated as expeditiously and 
13 
as fairly as possible. 
14 
A grievance may be filed by aggrieved employees or by the employee organization to 
15 
which they belong in accordance with the guidelines issued by the Commission. 
16 
17 
SEC. 130. Right to Organize.- Government employees may form, join or assist employee 
18 
organizations of their own choice for the furtherance and protection of their interests. 
19 
Government employees may also form, in conjunction with appropriate government authorities, 
20 
employee management committees, work councils and other forms of employee participation 
21 
schemes. However, uniformed personnel of the Philippine National Police (PNP), Bureau of Fire 
22 
Protection (BFP) and Bureau of Jail Management and Penology (BJMP), cannot form, join or 
23 
assist rank-and-file employee organizations for purposes of collective negotiations. 
24 
The third level employees and other employees whose functions are primarily managerial or 
25 
confidential in nature cannot form, assist, or join employee organizations for purposes of 
26 
collective negotiations. 
27 
28 
SEC. 131. Protection of the Right to SeI.FOrganization.- Government employees shall 
29 
not be discriminated against by reason of their membership in employee organizations or 
45 


1 
participation in the normal and legitimate activities of such organizations. Employment in the 
2 
civil service system shall not be subject to the condition that the individual shall not form or join 
3 
any employee's organizations. 
4 
Management shall not interfere in the establishment and administration of govemmeJ;lt 
5 
employee organizations. 
6 
7 
8 
Chapter 2. Employee Organization 
9 
SEC. 132. Registration of Rank-and-File Employee Organizations.- Rank-and-file 
10 
employee organizations shall register with the Commission in accordance with the implementing 
11 
guidelines promulgated by the Commission. 
12 
13 
SEC. 133. Sole and Exclusive Employee Organization.- The duly registered employee 
14 
organization in an agency that has the support of the majority of the total rank-and-file 
15 
employees, shall be accredited by the Commission as the sole and exclusive employee 
16 
representative. In cases when there are two (2) or more registered employee organizations in an 
17 
agency, the Commission, upon petition, shall conduct a certification election and shall certify the 
18 
employee organization who garnered the majority vote as the sole and exclusive representative 
19 
of the rank-and-file employees in the said agency. 
20 
For this purpose, an agency shall refer to an office which has its own budgetary 
21 
allocations as provided for in the General Appropriations Act, specifically its Table of Contents. 
22 
23 
SEC. 134. Accreditation of Employee Federation in An Agency.- Registered employee 
24 
organizations within a given agency may federate and shall be accredited as the sole and 
25 
exclusive bargaining representative of the employees; Provided, its aggregate total membership 
26 
constitute the majority ofthe total rank-and-file employees in the agency. 
27 
28 
SEC. 135. Collective Negotiations.- Except those that are fixed by law, terms and 
29 
conditions of employment in the government service may be the subject of collective 
46 


1 
negotiations between duly accredited employee organizations and the appropriate govermnent 
2 
authorities. 
3 
4 
Collective negotiations agreements shall be registered with the Commission. 
5 
Chapter 3. Settlement of Disputes 
6 
7 
SEC. 136. Definition of terms.- For purposes of this Code, the following tenns shall be 
8 
defined as follows: 
9 
(a) Arbitration - refers to the process whereby a third party (individual arbitrator), a board of 
10 
arbitrators, or an arbitration court not acting as a court, is empowered to make a decision which 
11 
disposes ofthe dispute. 
12 
(I) Voluntary - a method of settling dispute/s where both parties agree to submit the 
13 
dispute before an arbitrator or panel of arbitrators chosen by both parties. The voluntary 
14 
arbitrators shall render a decision after proper hearing of the issues. The decision of the 
15 
arbitrator shall be final and binding on the contending parties. 
16 
(2) Compulsory - a method resorted to when the dispute has become hardened and 
17 
irreconcilable and remains unresolved after exhausting all the available remedies under 
18 
existing laws and procedures. 
19 
(b) Conciliation - refers to the process whereby a third party (conciliator) brings the disputing 
20 
parties together, encourages them to discuss their differences and assists them in developing their 
21 
own proposed solutions. 
22 
(c) Mediation - refers to the process whereby a third party (mediator) is more active in assisting 
23 
the disputing parties reach acceptable solutions to the problernls and help them develop or come 
24 
out with an acceptable solution. The mediator may submit proposal/S for the settlement of 
25 
dispute. 
26 
27 
SEC. 137. Settlement of Disputes.- Disputes within employee organizations, between 
28 
and among employee organizations, and between employee organizations and management shall 
29 
be settled through conciliation, mediation and arbitration. The Commission shall be responsible 
47 


1 
in providing conciliation and mediation services. In case any dispute remains unresolved, the 
2 
Commission shall certify the same to the Public Sector Labor Management Council (PSLMC). 
3 
However, the parties may opt to submit the issue for voluntary arbitration, the decision of . 
4 
which shall be final and unappealable. 
5 
6 
7 
Chapter 4. Public Sector Labor-Management Council 
8 
SEC. 138. Public Sector Labor-Management Council (PSLMC).- Public Sector Labor-
9 
Management Council (PSLMC) is hereby constituted to be composed of the following: 
10 
(a) Chairperson, Civil Service Commission - Chairperson; 
11 
(b) Secretary, Department of Labor and Employment - Vice Chairperson 
12 
(c) Secretary, Department of Finance - Member; 
13 
(d) Secretary of Justice - Member; 
14 
(e) Secretary, Department of Budget and Management - Member; and 
15 
(f) One (1) employee representative each from the National Government Agencies (NGAs), the 
16 
Government-owned and Controlled Corporations (GOCCs), the Local Government Units 
17 
(LGUs), and the State Colleges and Universities (SUCs), to be chosen by the employee 
18 
organizations concerned. 
19 
The ex-officio members may designate alternates who hold positions not lower than that 
20 
of assistant secretary or its equivalent The employee representatives may also designate their 
21 
permanent alternates. 
22 
The employee representatives shall serve for a term of two (2) years or until their 
23 
successors shall have been appointed or elected. In no case, however, shall anyone of them serve 
24 
under holdover capacity for more than one (1) year. 
25 
The PSLMC may deputize public officers and employees of the Commission and of other 
26 
departments and agencies to investigate and hear cases brought before it for arbitration. It may 
27 
likewise deputize any national or local law enforcement agency or instrnmentality of the 
28 
government which shall act under its direct and immediate supervision, to enforce and execute 
29 
its decisions, orders, and rnlings. 
48 


1 
The PSLMC shall implement and administer the provisions of this Chapter. For this 
2 
purpose, the PSLMC shall promulgate the necessary rules and regulations to implement this 
3 
Chapter. 
4 
5 
SEC. 139. Original and Exclusive Jurisdiction of the PSLMC.- The PSLMC shall have 
6 
original and exclusive jurisdiction to hear and decide the following cases: 
7 
(a) Unfair labor practice; 
8 
(b) Representation issue; 
9 
(c) Disputes arising in the course of the conduct of collective negotiations; 
10 
(d) Disputes on issues resulting from the implementation of the grievance machinery; 
11 
(e) Inter-employee organization dispute; 
12 
(f) Intra-employee organization dispute; 
13 
(g) Employee organization election of officers; 
14 
(h) Disputes on issues resulting from the implementation of the provisions of Collective 
15 
Negotiations Agreement; and 
16 
(i) Other analogous acts as may be determined by the PSLMC. 
17 
These cases may be referred to the PSLMC by any of the parties to the dispute or the 
18 
PSLMC may, motu propio, take cognizance of the same whenever the interest of the service so 
19 
demands. 
20 
When the PSLMC has already assumed jurisdiction over a particular case, no 
21 
administrative or disciplinary action shall be instituted by the agency concerned against any 
22 
employee involved therein until the final resolution of the case. 
23 
24 
SEC. 140. Unfair Management and Labor Practice.- The following shall constitute 
25 
unfair labor practice on the part of the agency: 
26 
(a) Interfering with, restraining or coercing employees in the exercise of their right to self-
27 
organization; 
28 
(b) Requiring as a condition of employment that an employee shall not form or join an employee 
29 
organization or shall withdraw from one to which helshe belongs; 
49 


1 
( c) Discriminating in regard to work schedules, places of assignment and other terms and 
2 
conditions of employment in order to encourage or discourage membership in any employee 
3 
organization; 
4 
Cd) Terminating the services or discriminating against any employee for having signed or filed an 
5 
affidavit, petition or complaint or given any information or testimony against the head of the 
6 
agency or members of top management; 
7 
(e) Refusing to collectively negotiate in good faith with the accredited employee organization; 
8 
(f) Violating any ofthe provisions ofthe Collective Negotiation Agreement; and 
9 
(g) Other analogous acts as may be determined by the PSLMC 
10 
The following shaH constitute unfair labor practice on the part of the employee 
11 
organization: 
12 
(a) Restraining or coercing any employee to form or join an employee organization or its 
13 
activities. Employee organization shall have the right to prescribe its own rules on the acquisition 
14 
or retention of membership; 
15 
(b) Causing or attempting to cause the agency head or other officers to discriminate against an 
16 
employee who has not joined or has withdrawn membership from the employee organization; 
17 
( c) Refusing to collectively negotiate in good faith with the management; 
18 
Cd) Violating any of the provisions ofthe Collective Negotiation Agreement; and 
19 
(e) Other analogous acts as may be determined by the PSLMC. 
20 
The heads of offices and the other officers of the agency as well as officers and members 
21 
of an employee organization, who participate in or authorize an unfair labor practice shall be 
22 
held administratively liable and shall be imposed a fine of not less than PlO,OOO.OO, or suspension 
23 
not exceeding one year, or both for such participation or grant of authority without prejudice to 
24 
civil and criminal liability. 
25 
26 
SEC. 141. Writ of Preliminary Injunction or Temporary Restraining Order.- The 
27 
PSLMC may after notice and hearing issue a writ of preliminary injunction or temporary 
28 
restraining order which shall not last for more than twenty (20) days from issuance thereof when, 
50 


1 
on the basis of the allegations in the petition, it is established that the acts complained of 
2 
involving or arising from any employee-management dispute, if not restrained or performed 
3 
immediately, may cause grave or irreparable injury to any party or render ineffectual any 
4 
decision of the PSLMC in favor of such party. 
5 
The PSLMC shall require the petitioner to post a bond and the writ of preliminary 
6 
injunction or temporary restraining order shall become effective only upon the approval of the 
7 
bond which shall answer for any damage that may be suffered by the party enjoined if it is finally 
8 
determined that the petitioner is not entitled to the ancillary relief prayed for. 
9 
10 
SEC. 142. Grounds for Contempt.- The PSLMC may cite a person for contempt on any 
11 
of the following grounds: 
12 
(a) Disobedience or resistance to a lawful order, decision, ruling, summons or subpoena or any 
13 
other issuance of the PSLMC; or 
14 
(b) Unlawful interference with the proceedings of the PSLMC, improper conduct tending 
15 
directly or indirectly to impede, obstruct, delay or hamper the implementation of any order, 
16 
decision or ruling of the PSLMC. 
17 
The person so cited for contempt whether direct or indirect shall be punished by a fine of 
18 
not more than PI,OOO.OO for every act of contempt. Each day of defiance or disobedience or non-
19 
enforcement of any issuance of the PSLMC as mentioned shall constitute separate acts of 
20 
contempt of the PSLMC. 
21 
22 
SEC. 143. PSLMC Decision.- Decisions of the PSLMC are final and executory unless a 
23 
motion for reconsideration is filed by the aggrieved party within fifteen (15) calendar days from 
24 
receipt of the decision and only on the basis of palpable or patent errors. The PSLMC shall not 
25 
entertain any second motion for reconsideration. 
26 
Decisions of the PSLMC maybe elevated to the Court of Appeals. 
27 
28 
BOOK IV. PERSONNEL BENEFITS AND PRIVILEGES, DAYS AND HOURS OF 
29 
WORK AND OFFICIAL RECORDS 
30 
51 


1 
2 
3 
Title I - Personnel Benefits and Privileges 
Chapter 1. Health and Other Services 
4 
SEC. 144. Policy.- The health, welfare, safety and security of every personnel in the civil 
5 
service system shall be the concern of government. Each department or agency shall make 
6 
provisions out of their existing budgets for personnel health, welfare, medical, spiritual and 
7 
counseling services and leave benefits and promote and develop occupational safety, sports and 
8 
recreation programs and similar services. 
9 
10 
SEC. 145. Comprehensive Occupational Health Program.-
A comprehensive 
11 
occupational health program including medical, dental and other health services shall be 
12 
established maintained, and made accessible for ali personnel in the civil service system. 
13 
14 
SEC. 146. Safety and Accident Prevention.- Each department or agency shall develop 
15 
and maintain a continuing occupational safety and accident prevention program for its officers 
16 
and employees. 
17 
18 
SEC. 147. Personnel Counseling.- Each department" or agency shall provide personnel-
19 
counseling services, including pre-retirement counseling. 
20 
21 
SEC. 148. Personnel Recreation.- Each department or agency shall provide facilities for 
22 
sports and recreational activities and shall encourage voluntary participation of its officers and 
23 
employees. 
24 
25 
SEC. 149. Hazard Benefits.- Each department or agency, in accordance with the 
26 
Department of Budget and Management (DBM) and the Commission shall provide for hazard 
27 
benefits for their personnel who work in areas or under conditions that have been declared to be 
28 
hazardous to health, safety and well being. 
29 
30 
Chapter 2. Leave Benefits 
52 


1 
SEC. 150. Entitlement to Leave Privileges.- Appointive personnel of the government, 
2 
whether permanent, temporary, contractual or casual as well as elective officials who render the 
3 
required number of office hours shall be entitled to an annual fifteen (lS)-day vacation and 
4 
fifteen (lS)-day sick leave with full pay exclusive of Saturdays, Sundays, and public holidays. 
5 
6 
SEC. 151. Leave of Absence of Part-time Personnel.- Public officers and employees 
7 
rendering service on a part-time basis are entitled to vacation and sick leave benefits 
8 
proportionate to the number of hours they served. 
9 
10 
SEC. 152. Leave of Absence of Personnel on Rotation Basis.- Public officers and 
11 
employees on rotation basis shall be entitled to vacation and sick leave corresponding to the 
12 
length of service they rendered. 
13 
14 
SEC. 153. ForcedlMandatory Vacation Leave.- All appointive and elective officers and 
15 
employees of the government with ten (10) days or more vacation leave credits shall be required 
16 
to go on mandatory vacation leave whether continuous or intennittent for a minimum of five (5) 
17 
working days annually. 
18 
19 
SEC. 154. Accumulation and Commutation of Leave.- Vacation and sick leave shall be 
20 
cumulative and commutative. Except for personnel covered by special laws, commutation 
21 
ofleave credits shall be exclusive of Saturdays, Sundays and holidays. 
22 
Public officers and employees whose off-days do not fall on a Saturday or a Sunday shall 
23 
have their leaves of absence computed exclusive of their off-days. 
24 
25 
SEC. 155. Additional Non-cumulative and Non-commutative, Sick Leave.- Public 
26 
officers and employees shall be entitled to a IS-day non-cumulative and non-commutative sick 
27 
leave annually with full pay and exclusive of Saturdays, Sundays and holidays. Provided, 
28 
however, that this additional benefit shall only be availed of upon exhaustion ofthe regular 15-
29 
day sick leave and IS-day vacation leave entitlement for the year. 
53 


1 
SEC. 156. Rehabilitation Privilege.- Public officers and employees holding permanent, 
2 
temporary, casual and contractual appointments, including those with fixed terms of office for 
3 
the duration of their employment with the agency and in accordance with this law, are entitled to 
4 
rehabilitation privilege for up to six months for wounds and injuries resulting from accidents 
5 
incurred while in the actual performance of duties. Such privilege shall be with full (pay and 
6 
benefits) salaries, 13th month pay, and cash gift mandated by law, but not privileges based on the 
7 
actual performance of duties such as representation and transportation allowances and shall not 
8 
be charged against accumulated vacation or sick leave credits of the personnel concerned. 
9 
Claimants of rehabilitation privilege benefits are entitled to reimbursement by his/her agency for 
10 
first-aid expenses, preferably in govemment facilities, subject to the availability of funds, but not 
11 
to exceed PS,OOO.OO. Substantive and long term medical expenses for therapeutic and 
12 
rehabilitation purposes shall be borne by the Philippine Health Insurance Corporation; the 
13 
Employee Compensation Commission (ECC) and the Government Service Insurance System 
14 
(GSIS) as the case may be and whenever applicable. 
15 
For purposes of availment of rehabilitation privilege, actual performance of duty means 
16 
situations wherein the official or employee was already at work or engaged in activities inherent 
17 
to the performance of his/her job, including being on official business outside of hislher work 
18 
station; official travel; authorized overtime; retail order; special assignment orders. injuries from 
19 
accidents that occured while the employee was in transit going to or coming from work are not 
20 
job related injuries. 
21 
Agency heads shall determine whether the accident was work-related, decide on the 
22 
validity of the claims, and monitor the progress of the rehabilitation efforts. 
23 
24 
SEC. 157. Teachers' Leave.- Other than those designated for continuous duty and those 
25 
covered by special charters, school teachers in government elementary and secondary schools 
26 
shall be entitled to vacation pay. They shall be entitled to service credits for services rendered 
27 
during the vacation period, including Saturdays, Sundays, and holidays, in accordance with the 
28 
rules and regulations prescribed by the Commission. 
54 


1 
Teachers shall also be entitled to annual seven (7) days sick leave which shall be 
2 
noncumulative and non-commutative. 
3 
4 
SEC. 158. Leave of Elective Officials.- All elective officials shall be entitled to leave 
5 
credits granted to appointive officers and the cumulation and commutation of the money value 
6 
thereof. 
7 
8 
SEC. 159. Leave Credits of Officers and Employees Covered by Special Laws.-
9 
The leave credits of the following personnel are covered by special laws: 
10 
(a) Justices of the Supreme Court, Court of Appeals, Court of Tax Appeals and Sandiganbayan; 
11 
(b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial Courts, Shari'a 
12 
Circuit Court and Shari'a District Court; 
13 
(c) The Chairperson and Commissioners ofthe Constitutional Commissions; 
14 
(d) Filipino personnel in the Foreign Service; and 
15 
( e) Other personnel covered by special laws. 
16 
17 
SEC. 160. Maternity Leave.- Women in the govermnent service, of whatever civil and 
18 
employment status and regardless of length of service shall, in addition to the vacation and sick 
19 
leave granted them, be entitled to maternity leave of sixty (60) calendar days for normal delivery 
20 
and seventy-eight (78) days for delivery by caesarian section with full pay, subject to guidelines 
21 
issued by the Commission. 
22 
23 
SEC. 161. Paternity Leave.- A married man in the govermnent service shall be entitled 
24 
to paternity leave of seven (7) working days for the first four (4) deliveries or miscarriages of his 
25 
legitimate spouse with whom he is cohabiting. The paternity leave shall be non-cumulative and 
26 
non-commutative. 
55 


1 
SEC. 162. Adoption Leave - Public officers and employees who legally adopt a child 
2 
below seven (7) years of age as of the date the child is placed with them shall be entitled to 
3 
adoption leave in the manner herein provided: 
4 
(a) Married individuals shall be entitled to thirty (30) calendar days for the adoptive mother and 
5 
seven (7) calendar days for the adoptive father. 
6 
(b) Solo parents of whatever gender or civil status shall be entitled to thirty (30) 
7 
calendar days. 
8 
Availment of adoption leave shall commence from the date the child is placed with the adoptive 
9 
parents which shall not be earlier than the date of the decree of adoption. Adoption leave shall be 
10 
non-commutative and non-cumulative. 
11 
12 
SEC. 163. Parental Leave for Solo Parents.- In addition to leave privileges under 
13 
existing laws, parental leave of not more than seven (7) working days every year until the child 
14 
reaches the age of eighteen (18) years shall be granted to officers and employees who are solo 
15 
parents and have rendered service of at least one (1) year. 
16 
Parental leave shall be non-commutative and non-cumulative. 
17 
18 
SEC. 164. Special Leaves.- Public officers and employees, except those covered by 
19 
special laws, are entitled to special leaves, not exceeding an aggregate of three (3) days a year to 
20 
attend to personal, filial and domestic responsibilities such as but not limited to the following, in 
21 
accordance with the guidelines to be set by this Commission: 
22 
(a) personal milestones stich as birthdays, wedding, wedding anniversaries and other similar 
23 
milestones, including bereavement 
24 
and death auniversaries; 
25 
(b) obligations to parental, filial and other domestic emergencies and responsibilities; and 
26 
(c) calamity, accident hospitalization leave pertain to force majeure events that affect the life, 
27 
limb, and property of the employee or hislherlher immediate family. 
28 
Special leaves shall be non-commutative and non-cumulative. 
56 


1 
SEC. 165. Study Leave and Sabbatical Leave.- Qualified public officers and employees 
2 
may be granted study and sabbatical leave, subject to the rules and regulations promulgated ~y 
3 
the Commission. 
4 
5 
SEC. 166. Commutation and Monetization of Leave Credits.- Accumulated leave 
6 
credits can either be commuted or monetized subject to the rules and regulations prescribed by 
7 
the Commission. 
8 
Each agency of the govemment shall provide for the commutation and monetization of 
9 
leave credits in their budget program provided it is within their approved budget level/ceiling. 
10 
11 
SEC. 167. Effect of Reemployment on Committed Leave.- Public officers and 
12 
employees whose leave credits have been commuted following their separation from the service 
13 
and were thereafter reemployed may refund the money equivalent of the unspent portion of the 
14 
commuted leave credits. Otherwise, they have to start from zero balance. 
15 
16 
SEC. 168. Transfer of Leave Credits of Appointive Personnel and Elective Officials.-
17 
When appointive officers mid employees transfer from one entity to mlother, they can have their 
18 
accumulated vacation and/or sick leave credits commuted or transferred to their new office. 
19 
The second option can only be exercised by the personnel concerned when there are no 
20 
gaps in their service. However, a gap of not more than one (I) month may be allowed provided 
21 
same is not due to the fault of the personnel concerned. 
22 
The abovementioned options of commutation or transfer of accumulated leave credits can 
23 
also be availed of by an elective officer assuming another elective post. However, these options 
24 
are not applicable to the transfer of Armed Forces of the Philippines (AFP) uniformed personnel 
25 
to civilian positions. 
26 
27 
SEC. 169. Prescriptive Period for Transfer of Leave Credits.- The option to transfer 
28 
accumulated leave credits can be exercised within one (1) year only from the effective date of 
57 


1 
transfer of the appointive personnel to their new office, or to the assumption of the elective 
2 
officers in their new post. 
3 
4 
SEC. 170. Leave Without Pay.- In no case shall leave without pay be granted in excess 
5 
of one (1) year or if the public officer or employee concerned still has leave credits with pay. 
6 
7 
SEC. 171. Terminal Leave.- Terminal leave refers to the total accumulated leave credits 
8 
of personnel, the money value of which shall be based not necessarily on the latest salary rate but 
9 
on the highest salary rate received at any time during the period of employment in the 
10 
government service. 
11 
12 
13 
Chapter 3. Retirement Benefits 
14 
SEC. 172. Payment of Retirement Benefits on the Day of Retirement.- All personnel are 
15 
entitled to receive their retirement benefits provided for under existing laws on the day of their 
16 
retirement. The last agency-employer shall ensure that all the retirement documents are in order 
17 
six (6) months prior to the retirement of the said personnel. All concerned agencies of the 
18 
government shall render assistance in this regard. 
19 
Notwithstanding any law to the contrary, officers and employees of the government who 
20 
hold more than one regular full-time or part-time appointment and who retire from the service 
21 
shall be entitled to not more than one (1) retirement plan. 
22 
All public officers and employees with pending administrative disciplinary cases who 
23 
failed to receive their retirement benefits on the day of retirement as a result thereof but were 
24 
eventually exonerated or cleared there from shall be entitled to payment of retirement benefits 
25 
immediately after the promulgation of the decision. 
26 
27 
SEC. 173. Rate of Interest for Delay in Payment.- Should the retiree, through no fault of 
28 
hislher own, fail to receive the benefits on the day of retirement; the sanie shall earn interest at 
29 
the prevailing legal rate. 
58 


1 
The retirement benefits of those who were eventually exonerated or cleared from 
2 
administrative, disciplinary cases shall likewise earn interest at the prevailing legal rate 
3 
computed from the date of retirement to the date of promulgation of the final decision. In case of 
4 
forfeiture of retirement benefits as a result of administrative disciplinary case, the Government 
5 
Service Insurance System (GSIS) shall return both the employee's and employer's contribution to 
6 
the national government with legal interest. 
7 
8 
SEC. 174. Liability for Delay.- Agencies or their officers and employees who caused the 
9 
delay in the retiree's receipt of retirement benefits shall upon complaint of the retiree or the 
10 
successor in interests, be liable for the payment of the interest mentioned in the immediately 
11 
preceding Section. This is without prejudice to the filing of administrative and criminal cases 
12 
against the personnel responsible for the said delay. 
13 
Complaints against delays in the release of retirement benefits shall be filed with the 
14 
Commission within one (1) year from the date of retirement. 
15 
The Commissioll shall promulgate rules and mechanisms to enforce this provision. 
16 
17 
18 
19 
Title 11- Official Records and Work Days and Hours 
Chapter 1. Personnel Records Information System 
20 
SEC. 175. Policy.- An IT-based government-wide personnel records system shall be 
21 
established, administered and maintained by the Cornmission. 
22 
Each department or agency through its human resource management office, shall 
23 
establish, manage and maintain personnel records, database and statistics of all its personnel. 
24 
25 
SEC. 176. Records of Employment.- The Connnission shall keep and maintain official 
26 
records of all elective and appointive personnel regardless of their employment status. The 
, 
27 
Commission shall likewise maintain statistics on their employment, accession and separation. 
28 
29 
Chapter 2. Work Days and Hours 
59 


1 
SEC. 177. Observance of Work Days and Hours and Wearing of IDs.- It shall be the 
2 
duty of each head of agency to require all its officers and employees to strictly observe the 
3 
prescribed work days and office hours, taking into account the religious persuasion and beliefs of 
4 
the employees, and to wear identification cards, nameplates or the like bearing clearly and 
5 
legibly their respective names and positions when dealing directly with the public in the 
6 
performance of their respective duties or whenever they are within the premises of the office. 
7 
When the head of agency allows government personnel to leave the office during office hours 
8 
and not for official business or official time, the same shall be reflected in their time records and 
9 
charged to their vacation leave credits. 
10 
11 
SEC. 178. Forty Hour Workweek Requirement.- Personnel of all departments and 
12 
agencies except those covered by special laws shall render not less than forty (40) hours of work 
13 
a week, exclusive of time for lunch. As a generalmie, such hours shall be from eight (8) 0' clock 
14 
in the morning to twelve (12) o'clock noon and from one (1) o'clock to five (5) o'clock in the 
15 
afternoon, all days except Saturdays, Sundays, and holidays. However, in the interest of the 
16 
service, heads of agencies, particularly those with frontline services, shall adopt measures to 
17 
ensure that continuous service is available even during the 12:00 noon to 1:00 P.M. period. 
18 
In the exigency of the service, or when necessary by the nature of the work of a particular 
19 
agency and taking into account the religious persuasions and beliefs of its employees, the 
20 
rescheduling or shifting of work schedule of a particular agency for a number of working days 
21 
less than the required five (5) days may be allowed by the head of agency provided that 
22 
government personnel render a total of forty (40) hours a week and provided further that the 
23 
public is assured of continuous delivery of service from eight (8) in the morning to five (5) in tIie 
24 
fternoon for the duration of the entire workweek. 
25 
26 
SEC. 179. Non-regular Working Hours.- A work schedule that deviates from that which 
27 
is provided in Section 173 hereof or that which extends well into the night may also be allowed 
28 
upon the discretion of the head of office, the need of the service, or the health and welfare of the 
60 


1 
personnel concerned; Provided, that the forty (40) hours workweek exclusive of meal time, will 
2 
not be reduced. 
3 
4 
SEC. 180. Daily Record of Attendance.- Each head of department or agency shaH 
5 
require a daily record of attendance of all its officers and employees including those serving in 
6 
the field or on board a vessel, to be kept on the proper form and, whenever possible, registered 
7 
on the bundy clock or any mechanical, electrical, or electronic device. 
8 
Service "in the field" or "on board a vessel" shall refer to service rendered outside the 
9 
office which is the usual place of work. 
10 
11 
SEC. 181. Recording of Attendance by Senior Officers and Elective Officials.- Agency 
12 
heads, third level positions shall record times of arrival at and times of departure from official 
13 
work stations. Absences from office shall likewise be properly recorded in the agency. 
14 
15 
SEC. 182. Persons in the Teaching Service.- All persons in the teaching service, 
16 
primary and secondary levels, shall be covered by the forty (40) hours work-week requirement 
17 
provided that they render not more than six (6) hours of actual classroom teaching every school 
18 
day. 
19 
20 
SEC. 183. Compensation for Authorized Work Beyond Forty Hours.- When the interest 
21 
of public service so requires, the daily hours of work for personnel may be extended by the head 
22 
of the agency concerned, which extension shall be fixed in accordance with the nature of the 
23 
work. Provided, that work in excess of forty (40) hours a week must be properly compensated by 
24 
payment of overtime whenever funds are available for the purpose or through the grant of 
25 
compensatory time or day/s-off or through the accumulation ofleave credits. 
26 
27 
SEC. 184. Performance of Duties in Excess of Forty Hours of Those in Special 
28 
Occupational Groups.- When the nature of duties to be performed or the interest of the public 
61 


1 
service so requires, the head of department or agency may require any or all of its officers and 
2 
employees to work in excess of the forty (40) hours, on Saturdays, Sundays and public holidays, 
3 
with either additional compensation or compensatory time/days-off; or the accumulation ofleave 
4 
credits. 
5 
6 
SEC. 185. Flexible Working Hours.- Flexible working hours shall be enforced subject to 
7 
the discretion of the head of agency. In no case shall the weekly working hours be reduced in the 
8 
event the agency adopts the flexi-time schedule. In the adoption of flexi-time, core working 
9 
hours shall be prescribed taking into consideration the needs of the service. 
10 
11 
SEC. 186. Compensatory Time or Day/s OfJ.- Grant of compensatory time or day/s orf 
12 
shall be allowed for overtime services rendered subject to the rules to be promulgated by the 
13 
Commission. 
14 
15 
SEC. 187. Flexi-place.- Public officers and employees may be allowed to work away 
16 
from their official work stations subject to the discretion of the head of agency and the nature of 
17 
the functions of their positions. The Commission shall issue the rules and regulations to govern 
18 
the adoption of flexi-work place. In no case shall the adoption thereof affect the availability and 
19 
accessibility of government services. 
20 
21 
SEC. 188. Liabiiities.- Falsification or irregularities in the keeping of time records will 
22 
render the personnel concerned administratively liable without prejudice to criminal prosecution 
23 
as the circumstances warrant. 
24 
25 
26 
27 
BOOK V. DISCIPLINE 
Title I - Administrative Discipline 
Chapter 1. General Provisions 
62 


1 
SEC. 189. Disciplinary Action.- No public officer or employee in the civil service 
2 
system shall be disciplined, suspended or removed from office except for cause as provided for 
3 
by law and after due process. 
4 
The following shall be grounds for disciplinary action: 
5 
( a) Dishonesty; 
6 
(b) Neglect of duty; 
7 
( c) Misconduct; 
8 
(d) Final conviction of a crime involving moral turpitude; 
9 
( e) Falsification of official documents; 
10 
(f) Sexual Harassment; 
11 
(g) Engaging directly or indirectly in partisan political activities by one holding a non-political 
12 
office; 
13 
(h) Receiving for personal use of a fee, gift or other valuable thing in the course of official duties 
14 
or in connection therewith when such fee, gift or other valuable thing is given by any person in 
15 
the hope or expectation of receiving a favor or better treatment than that accorded to other 
16 
persons or for committing acts punishable under the anti-graft laws; 
17 
(i) Contracting loans from persons with whom the office of the employee has business relations; 
18 
(j) Nepotism; 
19 
(k) Oppression; 
20 
(1) Disgraceful or immoral conduct; 
21 
(m) Inefficiency and incompetence in the performance of official duties; 
22 
(n) Unauthorized absences; 
23 
(0) Tardiness; 
24 
(P) Loafing; 
25 
(q) Refusal to perform official duty or unjust refusal to render overtime service; 
26 
(r) Insubordination; 
27 
(s) Conduct prejudicial to the best interests ofthe service; 
28 
(t) Discourtesy in the course of official duties; 
29 
(u) Drunkenness; 
63 


1 
(V) Violation of reasonable office rules and regulations; 
2 
(w) Gambling prohibited by law; 
3 
(x) Pursuit of private business, vocation or profession in violation of civil service law, rules and 
4 
regulations; 
5 
(y) Promoting ticket sales which are not intended for charitable or public welfare purposes; 
6 
(z) Improper or unauthorized solicitation of contributions; 
7 
(aa) Unauthorized use of government resources and properties; 
8 
(bb) Unfair labor practice; 
9 
(cc) Unjustifiable delays in the payment of employee benefits; 
10 
(dd) Directly or indirectly having financial and material interest in any transaction requiring the 
11 
approval of their office. Financial and material interest is defined as a pecuniary interest by 
12 
which a person will gain or lose something; 
13 
(ee) Owning, controlling, managing or accepting employment as officer, employee, consultant, 
14 
counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or 
15 
licensed by hislher office, unless expressly allowed by law; 
16 
(ff) Engaging in the private practice of profession unless authorized by the Constitution, law or 
17 
regulation, provided that such practice will not conflict or tend to conflict witl1 hislher official 
18 
functions; 
19 
(gg) Recommending any person to any position in a private enterprise which has a regular or 
20 
pending official transaction with hislher office, unless such recommendation or referral is 
21 
mandated by (1) law, or (2) international agreements, commitment and obligation, or as part of 
22 
the functions ofhislher office; 
23 
(hh) Disclosing or misusing confidential or classified information officially known to him/her by 
24 
reason ofhislher office and not made available to the public, to further hislher private interests or 
25 
give undue advantage to anyone or to prejudice the public interest; 
26 
(ii) Soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan or 
27 
anything of monetary value which in the course of his/her official duties or in counection willi 
28 
any operation being regulated by, or any transaction which may be affected by llie functions of 
29 
hislher office. The propriety or impropriety of the foregoing shall be determined by its value, 
64 


1 
kinship or relationship between giver and receiver and the motivation. A thing of monetary value 
2 
is one which is evidently or manifestly excessive by its very nature; 
3 
(jj) Obtaining or using any statement filed under R.A. 6713 for any purpose contrary to morals or 
4 
public policy or any commercial purpose other than by news and communications media for 
5 
dissemination to the general public; 
6 
(kk) Unfair discrimination in rendering public service due to party affiliation or preference; 
7 
(11) Disloyalty to the Republic of the Philippines and to the Filipino people; 
8 
(mm) Failure to act promptly on letters and requests within fifteen (15) days from receipt, except 
9 
as otherwise provided in R.A. 6713 and in its Implementing Rules; 
10 
(nn) Failure to process documents and complete action on documents and papers within a 
11 
reasonable time from preparation thereof; 
12 
(00) Failure to attend to anyone who wants to avail himselflherself of the services of the office or 
13 
to act promptly and expeditiously on public personal transactions; 
14 
(Pp) Failure to file sworn statements of assets, liabilities and net worth, and disclosure of 
15 
business interests and financial connections; and 
16 
(qq) Failure to resign from hislher position in the private business enterprise within thirty (30) 
17 
days from assumption of public office when conflict of interest arises, andlor failure to divest 
18 
himsel£'herself of hislher shareholdings or interests in private business enterprise within sixty 
19 
(60) days from such assumption of public office when conflict of interest arises: PrOVided, 
20 
however, that for those who are already in the service and a conflict of interest arises, the official 
21 
or employee must either resign or divest himselflherself of said interests within the periods 
22 
herein-above provided, reckoned from the date when the conflict of interest had arisen; 
23 
(rr) Engaging in or supporting acts of insurrection, rebellion, sedition, and other crimes against 
24 
public order as defined in Title Three, Book Two of the Revised Penal Code and commission of 
25 
crimes against national security and the law of nations as defined in Title One, Book Two, 
26 
Chapters One, Two, and Three of the Revised Penal Code; and 
27 
(ss) All other grounds for disciplinary action as may be provided for by law. 
28 
29 
Chapter 2. Disciplinary Jurisdiction 
65 


1 
2 
SEC. 190. Original Jurisdiction.- The heads of departments, agencies, bureaus and 
3 
instrumentalities of the national government, constitutional offices, the proper disciplining 
4 
authority of state universities and colleges, government - owned and controlled corporations with 
5 
original charters or created under special laws, and local government units shall have original 
6 
jurisdiction to investigate and decide disciplinary cases against their subordinate public officers 
7 
and employees. 
8 
They shall also retain original jurisdiction over public officers and employees who are 
9 
already separated from the service but who, while still in the service committed an offense. 
10 
11 
Sec. 191. Original Jurisdiction of Bureau or Department-wide, Regional Office Head.-
12 
The heads of bureaus or department- wide regional offices shall have jurisdiction over offenses 
13 
committed by their subordinate public officers and employees. 
14 
15 
Sec. 192. Original Jurisdiction of the Commission.- The Commission shall have 
16 
exclusive administrative disciplinary jurisdiction over its public officers and employees. It shall 
17 
have concurrent original disciplinary jurisdiction over public officers and employees of the 
18 
departments, agencies, bureaus, state universities and colleges, government-owed and controlled 
19 
corporations with original charters or created under special laws, and local government units. 
20 
In disciplinary cases where agencies have original and concurrent jurisdiction, the agency 
21 
which first take cognizance of the case shall exclude the others. 
22 
The Commission may, motu propio, initiate the investigation and filing of administrative 
23 
charges against public officers and employees who violate the provisions of this Code and other 
24 
pertinent civil service laws, rules and regulations. For this purpose, the Commission shall 
25 
conduct fact-finding investigation and require through the issuance of subpoena duces tecum and 
26 
similar processes the production of records necessary to resolve the case. 
27 
Any person who impersonates another in civil service examinations, possesses or uses a 
28 
codigo or crib sheet, swaps assigned examinee numbers, is in collusion with examination 
29 
personnel in any examination related anomaly, tampers with the examination records, possesses 
66 


1 
and uses fake certificate of eligibility, submit fakes eligibilities and tampers with the results, sells 
2 
civil service application or examination forms, misrepresents material facts, makes false 
3 
statements or forgeries or commit any other fraudulent acts which adversely affect the integrity 
4 
of civil service examinations, but who at the time of the commission of any of the 
5 
aforementioned acts is not employed in the government, shall likewise be under exclusive 
6 
original jurisdiction of the Commission. Such person, or the manager, corporate secretary, 
7 
treasurer or finance officer, and other key officers of the review center found to have committed 
8 
examination irregularities, may be liable for the administrative .offenses of Dishonesty, Grave 
9 
Misconduct and Conduct prejudicial to the Best Interest ofthe Service. He/She shall be imposed 
10 
the penalty of dismissal from the service, which shall be deemed served. The accessory penalties 
11 
of perpetual disqualification from holding public office and bar from taking future civil service 
12 
examinations, and cancellation of civil service eligibility shall be imposed, without prejudice to 
13 
criminal prosecution. 
14 
15 
16 
Chapter 3. Procedure in Disciplinary Cases 
17 
SEC. 193. Commencement of Administrative Proceedings and Answer. -
18 
(a) Administrative proceedings may be commenced motu propio against a subordinate public 
19 
officer or employee by the proper disciplining authority or head of department or agency or upo.n 
20 
a sworn written complaint of any other person. The complaint shall be accompanied by sworn 
21 
statements covering the charges and those of the witnesses together with documentary evidence, 
22 
if any. 
23 
(b) On the basis of the sworn written complaint and supporting papers filed by any other person, 
24 
the diSCiplining authority shall require the person complained of to explain why no 
25 
administrative case should be filed. If the disciplining authority does not find a prima facie case, 
26 
the complaint shall be dismissed; otherwise, a fonnal charge shall be issued in accordance with 
27 
the provisions of this Code. The respondent shall be furnished with copies of the complaint, 
28 
sworn statements and other documents submitted. 
67 


1 
( c) In administrative proceedings initiated by the disciplining authority or head of a department 
2 
or agency, the formal charge shall be issued only after the disciplining authority finds a prima 
3 
facie case in accordance with the provisions of this Code or when the disciplining authority has 
4 
personally observed or has direct personal knowledge or actually caught the offender in the act 
5 
of committing the administrative offense. 
6 
7 
SEC. 194. Issuance of a Formal Charge.- The formal charge shall state the 
8 
specifications of the offense and shall require the respondent to submit an answer in writing and 
9 
under oath together with supporting sworn statements covering hislher defense and those of 
10 
witnesses together with the documentary evidence, if any. The respondent shall be allowed at 
11 
least seventy-two (72) hours but not more than five (5) days from receipt of the formal charge to 
12 
submit an answer and the affidavits of the witnesses, if any, and shall be infonned of hislher 
13 
right to counsel and to indicate whether or not he/she elects a formal investigation. In cases when 
14 
the respondent submits a request for clarification, a bill of particulars or a motion to dismiss 
15 
which are obviously designed to delay the administrative proceedings, the same shall be 
16 
considered as answer. 
17 
18 
SEC. 195. Formal Investigation.-
19 
(a) If the respondent has elected a formal investigation, the disciplining authority or the duly 
20 
authorized representative shall conduct the formal investigation with a notice issued within five 
21 
(5) days from receipt of the answer. 
22 
(b) Complainant and respondent may avail themselves of the services of counsel and may require 
23 
the attendance of witnesses by subpoena ad testificandum and the production of documentary 
24 
evidence tluough the compulsory process of subpoena duces tecum. 
25 
( c) Even if the respondent does not request a fOlmal investigation, such investigation shall be 
26 
conducted when, on the basis of the allegations in the complaint and the answer of the 
27 
respondent, including supporting documents, the merits of the case cannot be decided judiciously 
28 
without conducting such investigation. 
68 


1 
(d) The formal investigation shaH be commenced not earlier than five (5) days nor later than ten 
2 
(10) days from receipt of the respondent's answer. The investigation shaH be conducted to 
3 
ascertain the truth without strictly adhering to technical rules applicable to judicial proceedings. 
4 
Hearings shaH be continuously held and the investigation terminated, if possible, within ten (10) 
5 
days from its commencement, especiaHy for grave offenses, unless the period is extended by the 
6 
disciplining authority in meritorious cases. 
7 
(d) The direct evidence for the complainant and the respondent shall consist of the sworn 
8 
statements and documents submitted in support of the complaint or answer, as the case may be, 
9 
without prejudice to the presentation of additional evidence deemed necessary but was 
10 
unavailable at the time of the filing of the complaint or answer, upon which cross-examination 
11 
by the respondent and the complainant, respectively, shaH be based. 
12 
13 
SEC. 196. Report of Investigation and Records of Case.- The hearing officer shaH 
14 
submit to the disciplining authority the report of investigation within ten (10) days from the 
15 
termination of the investigation. The report shaH contain the findings and recommendations 
16 
together with the complete record of the case which shall be properly and securely bound, aH 
17 
pages numbered consecutively, and with a table of contents. 
18 
19 
SEC. 197. Decision.- The proper disciplining authority shaH render a decision within the 
20 
period and in the form and content as provided for in this Code. 
21 
22 
SEC. 198. Preventive Silspension.- Notwithstanding any provision of law to the 
23 
contrary, the proper disciplining authority may preventively suspend a respondent formaHy 
24 
charged with dishonesty, oppression, grave misconduct, gross neglect in the performance of 
25 
duty, if there are reasons to believe that respondent is guilty of the charges which would warrant" 
26 
removal from office and that there is a great probability that the continuance in office of the 
27 
respondent could influence the witnesses or pose a threat to the safety and integrity of the records 
28 
and other evidence. In no case shall preventive suspension exceed ninety (90) days or last for the 
29 
duration of the investigation, whichever is shorter. 
69 


1 
SEC. 199. Lifting of Preventive Suspension Pending Administrative Investigation.-
2 
When the administrative case against the respondent under preventive suspension is not decided 
3 
by the disciplining authority within the period of ninety (90) days after the date of suspension, 
4 
the respondent shall be automatically reinstated in the service; Provided, that when the delay in 
5 
the disposition of the case is due to the fault, negligence or petition of the respondent, the period 
6 
of delay shall not be included in computing the period of suspension herein provided. 
7 
8 
9 
Chapter 4. Decision 
10 
SEC. 200. When to Render Decision.- The proper disciplining authority exercising 
11 
original jurisdiction and those exercising appellate jurisdiction shall render their decisions within 
12 
sixty (60) days from the date of the submission of the case for decision. 
13 
14 
SEC. 201. Form and Content of Decision.- The decision, properly designated as such 
15 
and under the signature of the proper disciplining authority, shall contain the charge, the name of 
16 
the respondent, the position and office of the respondent, a brief statement of the material and 
17 
relevant facts, findings, offense committed and the penalty imposed. 
18 
19 
SEC. 202. Service of Decision.-
20 
(a) A copy of the decision shall be served on the complainant and the respondent through their 
21 
respective counsel, if any, within five (5) days from its promulgation. 
22 
(b) Disciplining authorities shall furnish their superiors with a copy of the decision within five 
23 
(5) days from the date of its promulgation. 
24 
25 
SEC. 203. Finality of Decision.-
26 
(a) Without prejudice to the power of review by the Commission, and its powers to decide cases 
27 
on appeal as provided for in this Code, the decisions of the heads of departments, agencies, and 
28 
instrumentalities of the National Government and the disciplining authority of state universities 
70 


1 
and colleges, government-owned and -controlled corporations with original charters or created 
2 
under special laws, local government units shall be final and executory, if the penalty imposed is 
3 
suspension of not more than thirty (30) working days or a fine of not more than thirty (30) 
4 
working days' pay. 
S 
(b) Without prejudice to the power of review by the Commission and its powers to decide cases 
6 
on appeal provided for in this Code, the decision of the head of the bureau or department-wide 
7 
regional office shall be final and executory, if the penalty imposed is suspension of not more 
8 
than thirty (30) working days or a fine of not more than thirty (30) working days' pay. 
9 
( c) The decision in a disciplinary case becomes final upon expiration of the period within which 
10 
to file a motion for reconsideration and no such motion is filed. 
11 
12 
SEC. 204. Execution of Decision.-
13 
(a) The decisions of heads of agencies and other disciplining authorities shall be immediately 
14 
executory upon receipt of a copy thereofby the parties concerned, even pending appeal. 
15 
(b) Decisions of the disciplining authority in disciplinary cases shall be immediately executory 
16 
unless a motion for reconsideration is seasonably filed, in which case the execution of the 
17 
decisions shall be held in abeyance pending resolution of the motion. 
18 
( c) The filing and pendency of a petition for certiorari with the Supreme Court shall not stop the 
19 
immediate execution of the decision of the Commission, unless the Court issues a restraining 
20 
order or a writ of preliminary injunction. For this purpose, no other Courts can issue a temporary 
21 
restraining order or a writ of preliminary injunction against the Commission. 
22 
23 
24 
Chapter 5. Administrative Penalties 
25 
SEC. 205. Penalties That May Be Imposed.- Heads of departments and agencies and 
26 
other disciplining authorities may impose the penalty of reprimand or censure, fine in an amount 
27 
not exceeding six (6) months' salary, suspension without pay for not more than one (1) year, 
28 
demotion in rank or pay, or dismissal from the service. 
29 
71 


1 
SEC. 206. Imposition of Penalties.-
2 
(a) In meting out punishment, the same penalties shall be imposed for similar offenses and only 
3 
one (I) penalty shall be imposed in each casco In the imposition of these penalties, the 
4 
disciplining authority shall take into consideration the circumstances which may either exonerate 
5 
the respondent from any liability, mitigate or aggravate the offense. 
6 
(b) In the imposition of the proper penalties, the administrative offenses or causes for 
7 
disciplinary action mentioned in this Code shall be categorized into light, less grave, and grave. 
8 
( c) The Commission shall promulgate rules and regulations on the classification of 
9 
administrative offenses into light, less grave and grave and shall prescribe the corresponding 
10 
principal and accessory penalties such as cancellation of eligibility, forfeiture of retirement 
11 
benefits, disqualification from employment, reinstatement, reemployment, or promotion, and bar . 
12 
from taking civil service examinations. 
13 
14 
SEC. 207. Effect of Administrative Penalties.- The penalty of dismissal shall result in 
15 
the separation of the respondent from the service. Dismissal shall carry with it the cancellation of 
16 
civil service eligibilities, forfeiture of retirement benefits, and disqualification from employment 
17 
in the govemment whether appointive or elective and disqualification to run for any public office 
18 
even if the case is pending on appeal. However, in case of forfeiture of retirement benefits, the 
19 
GSIS shall return both the employee's and employer's contribntion to the national govemment. 
20 
Although decisions imposing the penalty of dismissal are immediately executory, no 
21 
permanent appointment pending appeal shall be issued to replace the dismissed employee. In the 
22 
interest of the service, however, designation may be resorted to until the case is resolved with 
23 
finality. 
24 
The penalties of demotion, suspension and fine shall disqualifY the respondent from 
25 
receiving eeliain benefits or from promotion for a period based on the gravity of the penalty 
26 
imposed in accordance with the rules prescribed by the Commission. 
72 


1 
SEC. 208. Effect of Death on Pending Cases.- Pending disciplinary cases shall be 
2 
deemed tenninated upon the death of the respondent except when expressly requested by the 
3 
heirs of the respondent. 
4 
5 
SEC. 209. Effect of Exoneration and Other Penalties.- Upon exoneration, the 
6 
respondent shall be restored to hislher fonner position without loss of seniority and other rights 
7 
or to a comparable or equivalent position in case of reorganization. He/She shall also be entitled 
8 
to payment of back salaries and other benefits for a period not exceeding five (5) years including 
9 
the period of preventive suspension, if any. 
10 
11 
12 
13 
SEC. 210. AppeaL-
Chapter 6. Administrative Remedies 
14 
Who May Appeal. Only the party adversely affected by the decision, may file an appeal. 
15 
However, when there are very strong reasons, as determined by the Commission, to believe that 
16 
the complainant is a victim ofinjustice, he/she may also be allowed to appeal to the Commission. 
17 
18 
Requirements for Appeal.-
19 
(a) Unless a motion for reconsideration is seasonably filed, the appeal shall be filed with the 
20 
proper authority within fifteen (15) days from receipt of the decision, together with a notice of 
21 
appeal to the disciplining authority who rendered the decision. 
22 
(b) The appeal shall state the appellant's date of receipt of the decision and the date of the 
23 
resolution on the motion for reconsideration, if any, together with the grounds for appeal and the 
24 
arguments in support thereof. 
25 
26 
SEC. 211. Where To AppeaL- The appellant may appeal to the following: 
27 
(a) In case of decisions rendered by heads of departments, agencies, state universities and 
28 
colleges, provinces, cities and municipalities and instrumentalities of the national government 
29 
and the disciplining authority of government-owned or -controlled corporations with original 
73 


1 
charters, where the penalty imposed is suspension of more than thirty (30) working days or a fine 
2 
equivalent to more than thirty (30) working days' salary, the appeal shall be brought before the 
3 
Commission; and 
4 
(b) In case of decisions of the head of bureaus or department-wide regional offices, the appeal 
5 
shall initially be made to the department secretary and then to the Commission if the penalty 
6 
imposed is suspension of more than thirty (30) working days or fine equivalent to more than 
7 
thirty (30) working days' salary. 
8 
9 
SEC. 212. Motionfor Reconsideration.- A motion for reconsideration may be filed 
10 
during the period for filing an appeal on the following grounds: 
11 
(a) Newly discovered evidence which could materially affect the decision rendered; 
12 
(b) The decision is not supported by the evidence on record; or 
13 
( c) Errors of law or irregularities have been committed prejudicial to the interest of either party. 
14 
Only one (1) motion for reconsideration shall be entertained. 
15 
A motion for reconsideration shall suspend the running of the period for appeal. The 
16 
motion for reconsideration shall be resolved within thirty (30) days fi-om receipt thereof. 
17 
18 
SEC. 213. Remand of Cases Dlue to Lack of Due Process.- If the case on appeal with 
19 
the Commission is remanded to the proper disciplining authority for further investigation due to 
20 
lack of due process, the said disciplining authority shall finish the investigation within three (3) 
21 
calendar months from the date of receipt of the records from the Commission, unless the 
22 
investigation is delayed due to the fault, negligence or petition of the respondent, or an extension 
23 
is granted by the Commission in meritorious cases. The period of delay shall not be included in 
24 
the computation of the prescribed period. 
25 
Within fifteen (15) days from the termination of the investigation, the disciplining 
26 
authority shall render its decision. If at the end of said period, the diSCiplining authority fails to 
27 
decide the case, the Commission shall vacate and set aside the appealed decision and declare the 
28 
respondent exonerated of the charge. If the respondent is under preventive suspension, he/she 
29 
shall be immediately reinstated and shall be entitled to back salaries and other benefits. 
74 


1 
SEC. 214. Petition for Review.- Pursuant to this Code, the Commission may review 
2 
decisions rendered by its regional offices and other disciplining authorities dismissing a 
3 
complaint for lack of a prima facie case, subject to rules and regulations the Commission may 
4 
prescribe. 
5 
6 
SEC. 215. Removal of Administrative Penalties or Disabilities.- Upon recommendation 
7 
of the Commission, the President may commute or remove administrative penalties or 
8 
disabilities imposed upon public officers or employees in disciplinary cases, subject to such 
9 
terms and conditions as he/she may impose in the interest ofthe service. 
10 
11 
Title II - Prohibitions 
12 
Chapter 1. Limitation on Appointments 
13 
14 
SEC. 216. Appointment of Elective Officers.- Except as provided for in the Constitution, 
15 
no elective officer shall be eligible for appointment or designation in any capacity to any public 
16 
office or position during hislher tenure. 
17 
18 
SEC. 217. Candidate Who Lost in an Election.- No candidate who lost in any election 
19 
shall, within one (I) year after such election, be appointed in any capacity to any office in the 
20 
govermnent or any state university and college, govermnent-owned and -controlled corporations 
21 
with original charters or created under special laws, local government units. Neither can they be 
22 
hired within the same period as consultants or under contracts of services/job orders in said 
23 
entities. 
24 
25 
SEC. 218. Resignation Before Election.- A person who resigned from the service within 
26 
three (3) months before any election and engaged in any political activity shall not be eligible for 
27 
reemployment in the government during the six (6) -month periods following such election. 
28 
29 
SEC. 219. Prohibition Against Holding Another Office or Employment.- Unless 
30 
otherwise allowed by law or by the primary functions of the position, no appointive officer shall 
75 


1 
hold any other office or employment in the government or any subdivision, agency or 
2 
instrumentality thereof, state universities and colleges, government-owned and -controlled 
3 
corporations with original charters or created under special laws, and local government units. 
4 
5 
SEC. 220. Prohibition During Election Period.- No appointment, whether original, 
6 
transfer, reemployment, reappointment, renewal, promotion and demotion, regardless of status, 
7 
except in the case of reinstatement, shall be issued forty-five (45) days before any national or 
8 
local election except barangay and sangguniang kabataan elections to last until the assumption of 
9 
the newly-elected or reelected appointing officer. No consultancy, job order or contract of 
10 
service shall also be entered into during the said period. However, in the exigency of the service 
11 
and subject to the authority by the Commission, the appointing autholity may issue appointments 
12 
after the election and until the assumption of the newly elected or reelected appointing officer 
13 
provided the following concur: 
14 
(a) A vacancy occurred during the prohibited period; 
15 
(b) There is need to fill up the vacancy immediately in order not to prejudice public 
16 
service andlor endanger public safety; 
17 
( c) The appointee is qualified; 
18 
(d) The appointment has gone through the usual requirements like publication, regular screening 
19 
by the Personnel Selection Board and concurrence by the Sanggunian, as the case may be. 
20 
All appointments issued before the prohibited period shall take effect immediately, 
21 
notwithstanding any provisions in the appointment to the contrary and the appointee shall 
22 
assume the position within thirty (30) days from issuance thereof. Failure of the appointee to 
23 
assume the position within said period shall make the appointment ineffective. 
24 
25 
SEC. 221. Prohibition Against Appointinents by an Outgoing Appointing Authority. -
26 
No appointment in national or local agencies, state universities and colleges, government-owned 
27 
and -controlled corporations with original charters or created under special laws shall be made by 
28 
any outgoing appointing authority within three (3) months before the end of hislher term of 
29 
office or retirement. This prohibition shall also apply to outgoing appointing authorities who 
76 


1 
have previously manifested their intentiou to resign from office. In which case, the prohibition 
2 
shall commence from the date of formal manifestation to resign but shall not be more than three 
3 
(3) months from the effective date of resignation. 
4 
However, in the exigency of the service, interim appointments may be issued which shall 
5 
not exceed three (3) months from the time the appointing authority ceases to hold office. 
6 
This prohibition shall embrace all kinds of appointments whether original, transfer, 
7 
reemployment, reappointment, renewal, casual, contractual promotion, or demotion, regardless 
8 
of status. 
9 
10 
SEC. 222. Prohibition Against Appointment Of A Person Who Is a Permanent 
11 
Resident Or Immigrant Of A Foreign Country Or A Green Card Holder.- No appointment in 
12 
national agencies, state universities and colleges, government-owned or controlled corporation, 
13 
and local government units shall be issued to a person who is a permanent resident or immigrant 
14 
of a foreign country, unless it is shown by clear evidence that he/she has 'made an irrevocable 
15 
waiver of hislher status as a permanent resident or immigrant of a foreign country before such 
16 
appointment. 
17 
No appointment shall likewise be issued to a green card holder unless it is shown by clear 
18 
evidence that he/she has made an irrevocable waiver of that status or that he/she has surrendered 
19 
hislher green card to the appropriate U.S. authorities. 
20 
21 
SEC. 223. Prohibition Against Supervision by Non-career personnel.- Subject to the 
22 
rules to be promulgated by the Commission, no consultant, contractual or non-career personnel 
23 
shall be designated to any position exercising control and supervision over regular and career 
24 
persomlel in the government. 
25 
26 
SEC. 224. Prohibition Against Contrlteting of Regular funetions.- A person issued a 
27 
contract of service shall not discharge duties pertaining to a career or non-career service position 
28 
or/and neither shall an institution perform any of the regnlar function of the contracting agency. 
29 
Provided, however, that the agency may enter into a contract of service to undertake non-regnlar 
77 


1 
functions or support services for the govenunent for a specific period where no employer-
2 
employee relationship exists between the individual or the institution and the government subject 
3 
to the rules and regulations promulgated by the Commission. 
4 
5 
SEC. 225. Ecclesiastic.- No priest, preacher, minister, or other religious teacher, or 
6 
dignitary as such, shall be employed in the civil service system except when such priest, 
7 
preacher, minister, or dignitary is assigned to the Armed Forces of the Philippines, the Philippine 
8 
National Police or to any penal or correctional institution, or any government orphanage or 
9 
leprosarium. 
10 
11 
SEC. 226. Nepotism.- The act of issuing an appointment in the national, or in any branch 
12 
or instrumentality thereof, or in state universities and colleges, government-owned and -
13 
controlled corporations with original charters or created under special laws, local government 
14 
units to a person who is related within the third (3rd) civil degree of consanguinity or affinity to 
15 
the appointing or recommending authority, the chief of bureau or office, or of the person 
16 
exercising immediate supervision over himlher, is hereby prohibited. 
17 
The following positions are exempt from the operation of the law and rules on nepotism: 
18 
(a) Primarily confidential; 
19 
(b) Highly technical; 
20 
( c) Policy-determining; 
21 
(d) Physician; and 
22 
(e) Teacher and professorial staff. 
23 
The term 'teacher' shall refer only to those actually performing classroom instruction in 
24 
both public elementary and secondary schools. 'Professorial staff shall denote members of the 
25 
faculty including instructors of state universities or colleges primarily engaged in academic 
26 
activities such as teaching in the tertiary level, research and curriculum development, among 
27 
others. The designation of professorial staff to non-professorial/non-academic positions shall not 
28 
be covered by this exemption. 
78 


1 
The restrictions mentioned in this Section shall not be applicable to a member of any 
2 
family, who, after appointment to any position in an office or bureau, contracts man·jage with 
3 
another employee in the same office or bureau, or those who were affected by reorganization in 
4 
which event the employment or retention therein of both husband and wife may be allowed. 
5 
The prohibition shall not also apply in case of promotion if the person to be promoted 
6 
occupies a career and next-in-rank position, or to those devolved to local government units or 
7 
who were affected by reorganization or to any member of a personnel selection board. 
8 
9 
10 
Chapter 2. Other Prohibitions 
11 
SEC. 227. Political Activity.- No public officer or employee in the civil service system 
12 
holding a non-political position shall engage in any electioneering or partisan political campaign 
13 
or take part in any election except to vote, nor shall use official authority or influence to coerce 
14 
the political activity of any person or body. Nothing herein provided shall be understood to 
15 
prevent any public officer or employee from expressing views on Clment political problems or 
16 
issues, or from mentioning the names of candidates for public office whom he/she supports; 
17 
Provided, that public officers and employees holding political offices may take part in political 
18 
and electoral activities but it shall be unlawful for them to solicit contributions from, or subject 
19 
their subordinates to commit any of the prohibited acts under the Election Code. In this regard, 
20 
membership in any political party shall be considered as engaging in partisan political activity. 
21 
22 
SEC. 228. Appointment of Military Personnel in the Civil Service System.- It shall be 
23 
unlawful for any member of AFP in the active service to be appointed or designated in any 
24 
capacity to any civilian position in the government, state universities and 
college~, 
25 
governmentowned and -controlled corporations with original charters or created under special 
26 
laws, local government units. 
27 
28 
SEC. 229. Additional or Double Compellsatioll.- No elective or appointive public officer 
29 
or employee shall receive additional, double, or indirect compensation, unless specifically 
79 


1 
authorized by law, nor accept any present, emolument, office, or title of any kind from any 
2 
foreign government unless allowed by law. 
3 
Pensions, gratuities or honoraria shall not be considered as additional, double or indirect 
4 
compensation. 
5 
6 
SEC. 230. Detail or Reassignment.- Except when the exigencies of the service require, 
7 
no public officer or employee of the government shall be detailed or reassigned three (3) months 
8 
before any local or national election. 
9 
10 
SEC. 231. Courtesy Resignation.- It shall be unlawful for any public officer, elective or 
11 
appointive, to require public officers and employees within hislher jurisdiction to submit 
12 
courtesy resignations for whatever reason or purpose. 
13 
14 
SEC. 232. Appointment and/or Transfer of Officers and Employees of Oversight 
15 
Agencies.- Unless allowed by the Commission in meritorious cases, heads of oversight agencies 
16 
and their staff are prohibited from transferring or being appointed to any position in the 
17 
departmentlagency/office/local govemment unit which hislher unit is assigned or designated to 
18 
oversee within one (I) year after termination of such assignment or designation. 
19 
20 
BOOK VI. MISCELLANEOUS PROVISIONS 
21 
Title I - Termination of EmpJoyment 
22 
Chapter 1. Modes of Termination 
23 
24 
SEC. 233. Modes of Termination of Employment.- The following are modes of 
25 
terminating employment in the government: 
26 
(a) Resignation - A public officer or employee shall be considered separated from the service 
27 
effective on the date of acceptance of the resignation by the officer authorized to do so or thirty 
28 
(30) days from the submission thereof. 
29 
(b) Candidacy - An appointive public officer or employee shall be ipso facto separated from the 
30 
service on the date of filing ofthe certificate of candidacy for an elective position. 
80 


1 
(C) Death - Upon proof of death, the public officer or employee shall automatically be recorded 
2 
as separated from the service. 
3 
(d) Permanent Disability - In case of permanent disability which shall render the public officer or 
4 
employee incapable of performing the official duties, the department or agency head may 
5 
terminate such public officer or employee. 
6 
(e) Expiration of Period of Employment - The services ofa public officer or employee appointed 
7 
for a fixed period, or for a specific project or whose appointment are coterminous with the 
8 
appointing officer shall be terminated upon the expiration of the period of employn)ent,. 
9 
completion of the project, or at the end of the term of the appointing officer, unless otherwise 
10 
earlier validly separated. 
11 
(f) Dropped from the Service - A public officer or employee who goes on leave without proper 
12 
authority or fails to return to duty after the expiration of the authorized leave, without valid 
13 
reasons, and for other grounds under existing rules, shall be dropped from the service in 
14 
accordance with the regulations promulgated by the Commission. 
15 
(g) Conviction - The services of the public officer and employee shall be considered terminated 
16 
upon conviction by final judgment of a crime where the penalty canies with it the accessory 
17 
penalty of perpetual or temporary absolute or special disqualification to hold public office. 
18 
(h) Retirement - Any public officer or employee who reaches the compulsory retirement age and 
19 
meets the service requirement shall be retired under the provisions of the Retirement Law, unless 
20 
hislher services are extended by the Commission in accordance with its rules and regulations. 
21 
Optional retirement pursuant to law likewise terminates official relations. 
22 
(i) Expiration of Temporary Appointment - The services of a public officer or employee with 
23 
temporary appointment shall automatically be terminated upon the expiration of the appointment. 
24 
G) Disapproval of Appointment - The services of a public officer or employee are considered 
25 
terminated upon the final disapproval of the appointment by the Commission. 
26 
27 
SEC. 234. Reduction in Force.- The head of a department or agency may reduce its staff 
28 
due to lack of work or funds or due to a change in the scope or nature of an agency's program, or 
81 


1 
as a result of reorganization, subject to the rules and regulations which the Commission shall 
2 
prescribe. 
3 
4 
5 
6 
Title II. Sanctions and Liabilities 
Chapter 1. Liabilities 
7 
SEC. 235. Liability of Appointing Authority.- No person employed in the civil service 
8 
system in willful violation of this Code shall be entitled to receive pay from the govermnent. The 
9 
appointing authority responsible for such unlawful employment shall be personally liable for the 
10 
pay that would have accrued had the employment been lawful. Likewise, the Commission 
11 
officials or employees who caused the approval of such unlawful employment and was proven to 
12 
have connived or conspired with the appointing authority shall be personally liable for the pay 
13 
that would have accrued thereof had the employment been lawful. 
14 
The disbursing public officers shall make payment to the employees of such amount from 
15 
the salary ofthe public officers or employees so liable. 
16 
17 
SEC. 236. Liability of Disbursing Public officers.- Except as may otherwise be provided 
18 
by law, it shall be unlawful for a treasurer or other fiscal public officer or employee to deduct 
19 
any amount for contributions or payment of obligations other than those due to the government 
20 
or its instrumentalities. 
21 
22 
SEC. 237. Criminal Liability.- Whoever makes any appointment or employs any person 
23 
in willful violation of any provision of this Code or the rules and regulations issued thereunder; 
24 
or whoever commits fraud, deceit or intentional misrepresentation of material facts concerning 
25 
any civil service matter; or whoever violates, refuses or neglects to comply with any final 
26 
decision or order of the Commission, shall, upon conviction, be punished by a fine not exceeding 
27 
Ten Thousand Pesos (P10,OOO.OO) or by imprisonment of not less than three (3) years nor more 
28 
than five (5) years or both at the discretion of the court. 
29 
The same penalty of fine or imprisomnent or both as provided above and permanent 
30 
disqualification from holding public office shall be imposed upon any appointing authority who 
82 


1 
willfully violates any of the provisions of this Code including failure to abide by the rules 
2 
promulgated by the Commission or to implement a Commission reappointment order. 
3 
4 
Title III - Fees and Authority to Administer Oaths 
5 
Chapter 1. Collection of Fees 
6 
7 
SEC. 238. Authority to Collect Fees.- The Commission may collect and charge fees for 
8 
civil service examinations, certification of civil service ratings, service records, appeals in 
9 
disciplinary and non-disciplinary cases, training courses, seminars and workshops in personnel 
10 
management, and for services rendered on other civil service matters. For this purpose, the 
11 
Commission shall prescribe standard and reasonable rates for such examination, certifications, 
12 
training courses, seminars and workshops and other activities or services, the fees for which are 
13 
not provided by law or regulation. No fees shall be collected in examinations given for the 
14 
selection of scholars. 
15 
16 
Chapter 2. Authority of Public Officers to Administer Oaths, 
17 
Take Testimony, and Prosecute Cases in Court 
18 
19 
SEC. 239. Who May Administer Oaths.- The Chairperson and Members of the 
20 
Commission, public officers occupying third level positions and other public officers and 
21 
employees of the Commission and other departments or agencies designated in writing by the 
22 
Chairperson, may administer oaths as may be necessary in a transaction of an official business 
23 
and take a testimony in connection with any authOlized investigation. 
24 
25 
26 
27 
Title N - Fiscal Autonomy and Use of Appropriations and Income 
° 
Chapter 1. Fiscal Autonomy 
28 
SEC. 240. Fiscal Autonomy.- The Commission shall °enjoy fiscal autonomy. It shall 
29 
determine the amount of its annual budget requirements for its operating expenses, and capital 
30 
outlays which shall be proposed to Congress in accordance with existing budget laws. Its 
31 
approved annual appropriations shall be automatically and regularly released in full. 
83 


1 
The Commission shall have the flexibility to utilize its appropriations, and its income, for 
2 
operating and capital expenses, acquisition, supplies, repairs and maintenance of office 
3 
equipment and facilities subject to the provision oflaw. 
4 
5 
6 
Chapter 2. Authority to Use Appropriations and Income 
7 
SEC. 241. Authority to Use Appropriations and Income.- The Commission is hereby 
8 
authorized to use such sums appropriated in the annual appropriations act, including all balances 
9 
of existing celiifications, to accounts payable of prior years which have not yet been reverted to 
10 
unappropriated surplus, within a period of two (2) years, as are necessary to carry out the 
11 
provisions of this Code. The Commission is also authorized to augment any item in its 
12 
appropriations from savings actually released for any official purpose at its discretion. 
13 
The Commission is further authorized to directly use its income derived from fees, cost 
14 
for services it may assess and levy, and such other proceeds generated in the performance of its 
15 
functions for its operating expenses, for personnel and organizational development as well as 
16 
acquisition, repair and maintenance of office equipment, facilities and supplies. 
17 
18 
19 
Title V - Transitory Provisions 
20 
SEC. 242. Abolished Offices.- All Commission public officers and employees whose 
21 
ffices are abolished by virtue of the provisions of this Code shall be absorbed in the central, 
22 
egional and field offices of the Commission with no diminution of status, rank and salary. 
23 
24 
SEC. 243. Vested Rights.- Except as otherwise provided in this Code, rights vested or 
25 
acquired nnder the provisions of the Civil Service Law, rules and regulations and any other Act 
26 
prior to the effectivity of this Code shall be respected. 
27 
28 
SEC. 244. Career Executive System Transitory Provisions.- Upon the effectivity of this 
29 
Code, all Career Executive Service Officers shall be accredited as Career Executive Officers. 
84 


1 
They shall be appointed to Career Executive Officer ranks corresponding to their Career 
2 
Executive Service Officer ranks. 
3 
Career Executive Service Eligibles and Career Service Executive Eligibles assigned to 
4 
positions in the Career Executive System shall likewise be appointed to entry rank as Career 
5 
Executive Officer. 
6 
Those who possess Career Executive Service Eligibility shall be accredited as Career 
7 
Executive Officer-Eligibles. Career Service Executive Eligibles who have not been assigned to 
8 
positions in the Career Executive System at the time of the effectivity of this Code shall be 
9 
required to undergo further screening process. 
10 
11 
12 
Title VI - Final Provisions 
13 
SEC. 245. Funding.- Funds needed to carry out the provisions of this Code shall be 
14 
taken from funds available in the Commission or in the absence or insufficiency thereof, from 
15 
any lump sum appropriations to be included in the annual General Appropriations Act. The 
16 
appropriation shall cover the operating expenses of the Commission including the salaries, 
17 
allowances and other emoluments of all its public officers and employees in its central, regional 
18 
and field offices and for its projects and activities, snbject to the accounting of such 
19 
expenditures. 
20 
Z1 
SEC. 246. Implementing Rules and Regulations.- The Commission shall promulgate 
22 
rules and regulations and set guidelines and standards to implement the provisions of this Code 
23 
which shall become effective thirty (30) days after its publication in a national newspaper of 
24 
general circulation. 
25 
26 
SEC. 247. Repealing Clause.- Republic Act No. 2260, Republic Act No. 6040, 
27 
Presidential Decree No. 807, Presidential Decree No.1, Presidential Decree No. 1409, Executive 
28 
Order No. 135, series of 1987, Executive Order No. 180 and Book V, Title 1, Subtitle A on the 
29 
Civil Service Commission of Executive Order No. 292, series of 1987, and Section 2 ofRA 6758 
85 


1 
are hereby repealed. Section 2, Rule IV, Lor, Section 42 of PD 205, Section 11 of PD 1752, 
2 
Section 24 ofRA 6770, Section 56, Title VIII and Section 46, Title VI ofRA 7157, Sections 77, 
3 
79 and 85 ofRA 7160, Section 5 ofRA 7836, Section 18 (a) ofRA 7875, Section 1 ofRA 8190, 
4 
Section 42 ofRA 8291 and Section 21 ofRA 8551 are hereby amended or modified accordingly; 
5 
and all laws, decrees, orders, circulars, rules and regulations or any part thereof which are 
6 
contrary to or inconsistent with any provision of this Code are hereby repealed or modified 
7 
accordingly. 
8 
9 
SEC. 248. Supplemental Applications.- The Rules of Court shall have supplemental 
10 
application to this Code. 
11 
12 
SEC. 249. Separability.- If any provision of this Code or its application to any person or 
13 
circumstances is declared invalid, such declaration shall not affect the other provisions of this 
14 
Code. 
15 
16 
SEC. 250. Construction in Favor of Employees.- All doubts in the implementation and 
17 
interpretation of the provisions of this Code including its implementing rules and regulations 
18 
shall be resolved in favor of employees. 
19 
20 
SEC. 251. Effectivity.- This Code shall take effect thirty (30) days following its 
21 
publication in the Official Gazette or in a national newspaper of general circulation in the 
22 
Philippines. 
Approved, 
86