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Seventeenth Congres:
First Regular Session

3238

HOUSE BILL NO.

Introduced by Representative Victoria Isabel G. Noel

EXPLANATORY NOTE

Our government as an employer must abide with both local and international
labor laws and standards.

This bill seeks to guarantee the right of the working people to security of tenure.

It seeks to protect and secure the thousands of non-regular employees who are in the

forefront of delivering public goods and services.

This bill was filed in the previous Congress but did not pass into law due to lack
of material time. The immediate passage of this bill is earnestly sought.

VICTORIA'ISABEL G. NOEL


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

Seventeenth Congress
First Regular Session

231
HOUSE BILL NO. 323

Introduced by Representative Victoria Isabel G. Noel

AN ACT PROVIDING FOR ‘URITY OF TENURE FOR ALL NON-REGULAR,
EMPLOYEES OF THE GOVERNMENT INCLUDING NATIONAL.
GOVERNMENT AGENCIES, LOCAL GOVERNMENT UNITS, STATE
UNIVERSITIES AND COLLEGES, GOVERNMENT OWNED AND
CONTROLLED CORPORATIONS AND ALL OTHER GOVERNMENT
INSTRUMENTALITIES, WHO HAVE RENDERED AT LEAST TWO (2) YEARS
OF CONTINUOUS SERVICE, AND FOR OTHER RELATED PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the “Security of Tenure
for Government Employees of 2016”.

SEC. 2. Declaration of Policy. ~ The State shall harness its human resources to
cope with the 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. 3. Security of Tenure for Long-Time Non-Regular Government
Employees. - As used in this Act, the term “non-regular employee” shall refer to a
rank and file employee that is not considered permanent such as casual, contractual,
memorandum of agreement, temporary job order, honorarium-based, volunteer and
co-terminus employees. Subject to the provisions of the Constitution and applicable
service laws, rules and regulations, it is hereby mandated that all incumbent non-
regular government employees who have rendered at least two (2) years of continuous
service in national government agencies, local government units, state universities
and colleges, government owned and controlled corporations and all other
government instrumentalities as of the date of approval of this Act shall be entitled to
security of tenure.

SEC. 4. Status of Covered Employees and Effective Position. - All positions,
covered by this Act, shall be deemed necessary and/or desirable for the efficient
operation of the government. All covered employees may not be separated or


terminated from the said position except for just or lawful cause and with due process
of law.

SEC. 5. Implementing Rules and Regulations. — The Civil Service Commission,
in consultation with the public sector trade unions, and the Department of Budget and
Management, shall issue the rules and regulation necessary to implement the
provisions of this Act. Said implementing rules and regulations shall be promulgated
within the ninety (90) days after approval of this Act.

SEC. 6. Final Provision. - Any government employee who shall apply for
entitlement to security of tenure under the provision 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 certification, Atestations, 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 an amount up to One Hundred Thousand
Pesos (Php 100,000.00) or both, at the discretion of the judge, in addition to perpetual
disqualification from public office. Said employees may also be administratively
charge under existing civil service laws, rules and regulations.

SEC. 7. Separability Clause. — If any provision of this Act be declared invalid
or unconstitutional, the remaining provision of this Act not otherwise affected shall
remain valid and subsisting.

SEC. 8. 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. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication at least two (2) newspapers of general circulation.

Approved.