HWOUSEOF REPRESENTATIVES

Republic of the Philippines RECEIVED
House of Representatives

Quezon City, Metro Manila

SEVENTEENTH CONGRES:
First Regular Session

2988

House Bill Number

Introduced by Representative ROLANDO G. ANDAYA, JR.

EXPLANATORY NOTE

The 1987 Constitution guarantees full protection of workers’ rights, affording
them security of tenure, humane work conditions and a living wage. The State also
guarantees full employment and equality of employment opportunities for all.

Despite these Constitutional guarantees, the government has not been
sincere in its commitment to protect workers’ rights. Being the biggest employer, the
government hires the largest number of personnel who do not have security of
tenure. As of 2016, there are almost 130,000 casual and contractual employees in
the government which make almost 10% of the entire bureaucracy. Some of these
public servants have rendered service for most of their lives but are not entitled to
benefits and privileges such as those accorded to career employees.

The mere fact that these same personnel are being appointed to the same
positions year after year only means that they possess the minimum qualifications
required of their jobs, and more importantly, their services are necessary to the
efficient operation of the agencies they work for.

This is an injustice to State workers that should be corrected without delay.
Immediate approval of this measure is requested

rou4hsafe ANDAYA, JR.



Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill Number__ 2988

Introduced by Representative ROLANDO G. ANDAYA, JR.

AN ACT PROVIDING FOR SECURITY OF TENURE FOR ALL CASUAL AND
CONTRACTUAL EMPLOYEES OF THE GOVERNMENT WHO HAVE RENDERED
THE PRESCRIBED YEARS OF SERVICE IN THE NATIONAL GOVERNMENT
AGENCIES AND THE LOCAL GOVERNMENT UNITS AND FOR OTHER
PURPOSES

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

SECTION 1. Declaration of Policy. - The State shall harness its human
tesources to cope with rapid economic development and population growth,
Government workers, being very important components of the State's human
resources, shall be given the equal opportunity to quality education, justice and
security of tenure

SEC. 2. Security of Tenure for Long-Time Casual and Contractual Employees
Coverage. — Subject to the provisions of the Constitution and applicable civil service
laws, rules and regulations, it is hereby mandated that all incumbent casual and
contractual government employees who have rendered at least five (5) years of
continuous service in the case of national government agencies or a total of ten (10)
years of continuous service in the case of local government units as of the date of
the approval of this Act shall be entitled to security of tenure: Provided, that said
requirement of continuous service may be waived if the service of the
officials/employees concerned prior to the completion of the said years, was
interrupted by not more than three (3) years, taken cumulatively, due to either
abolition of their positions, reorganization of the office wherein they were phased out,
or due to reduction in force: Provided, further, That in the case of officials/employees
who have been previously employed in the same government agency in any
capacity, the said requirement of continuous service may likewise be waived if the


interruption of their service is not more than eighteen (18) months, taken
cumulatively, so long as the minimum required period is met.

SEC. 3. Status of Covered Employees and Affected Positions. — All of the
positions affected by this Act currently held by the covered employees shall be
deemed necessary and/or desirable for the efficient operation of the government and
shall be marked as co-terminus with the incumbents. All covered employees may
not be separated or terminated from the said positions except for just or lawful cause
and with due process of law nor can their positions be abolished except when the
same are vacated by their incumbents.

SEC. 4. Implementing Rules and Regulations. - The Civil Service
Commission, in consultation with the Department of Budget and Management, shall
issue the rules and regulations necessary to implement the provisions of this Act.
Said implementing rules and regulations shall be promulgated within ninety (90) days
after the approval of this Act.

SEC. 5. Penal Provisions. - Any government employee who shall apply for
entitlement to security of tenure under the provisions of this Act on the basis of false
claims and/or documents, as well as any government officer or employee who will
make or issue false certifications, attestations, endorsements and/or spurious
documents in relation to any such application shall suffer the penalty of
imprisonment of one (1) to three (3) years or a fine in amount up to One Hundred
Thousand Pesos (100,000.00) or both, at the discretion of the judge, in addition to
perpetual disqualification from public service. Said employees may also be
administratively charged under existing civil service laws, rules and regulations.

SEC. 6. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the remaining provisions of this Act not otherwise affected shall
remain valid and subsisting.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders, department
or memorandum orders and other administrative issuance or parts thereof which are
inconsistent with the provisions of this Act are hereby modified, superseded or
repealed accordingly.

SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation

Approved,