SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 
161 
Introduced by Sen. Antonio "Sonny" F. Trillanes IV 
Explanatory Note 
Section 3 of Alticle XIII of the 1987 Constitution expressly provides: 
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'13 
JUL -1 
P 3 :44 
"Section 3, The State shall qtJord filii protection to labor, local and 
overseas, organized and unorganized, and promote filII employment and equality 
o/employment opportunities/or all. 
"It shall guarantee the rights 0/ all workers to self-organization, collective 
bargaining and negotiations, and peace jill concerted activities, including the 
right to strike in accordance with law, They shall be entitled to security of 
tenure, humane conditions a/work, and a living wage, They shall also participate 
in policy and decision-making processes affecting their rights and benefits as may 
be provided by law, " 
Casual and contractual employees who have renderred many years of continuous service to the 
Govemment and the public are entitled to security of tenure, a right which is not only part of our 
labor statutes and jurisprudence but which is inscribed in the fundamental law itself, the 1987 
Constitution. The fact that the govemment has created casual and contractual positions and keeps 
appointing people to the said positions year after year proves that the said positions are clearly 
necessary or desirable to the orderly and efficient operation of the concemed agencies; and, the 
fact that these agencies keep appointing the same individuals to these casual or contractnal 
positions year after year necessarily implies that, at the very least, the said employees meet the 
minimum qualification standards for the said positions and are able to effectively perform the 
functions of the said positions. 
Thus, the passage of this bill would merely institutionalize the right to security of tenure of 
casual and contractual employees of the govenunent who have served for substantial periods of 
time, as provided in the 1987 Constitution. 
In view of the foregoing, the passage of this measure is earnestly songht. 
M--pJ/~ 
ANTONIO "SONNY" F. TRILLANES IV 
Senator 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 161 
Intl'Oduced by Sen. Antonio "Sonny" F. Trillanes IV 
AN ACT 
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'13 JUL-1 P3:44 
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: 
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SECTION 1. Declaration of Policy.- The State shall harness its human resources to cope with 
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the rapid economic development and population growth. Government workers, being very 
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important components of the State's human resources, shall be given the equal opportunity to 
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quality education, justice and security of tenure. 
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SEC. 2. Security of tenure for long-time casual (End contractual employees; 
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Coverage.- Subject to the provisions of the Constitution and applicable civil service laws, rules 
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and regulations, it is hereby mandated that all incumbent casual and contractual government 
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employees who have rendered at least five (5) years of continuous service in the case of national 
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government agencies or a total of ten (10) years of continuous service in the case of local 
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govenunent units as of the date of the approval of this Act shall be entitled to security of tenure: 
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Provided, That said requirement of continuous service may be waived if the service of the 
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official/ employee concerned prior to the completion of the said years, was intenupted by not 
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more than three (3) years, taken cumulatively, due to either abolition of his position, 
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reorganization of the office wherein he was phased out, or reduction in force: Provided, further, 
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That in the case of officials/employees who have been previously employed in the same 
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government agency in any capacity, the said requirement of continuous service may likewise be 
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waived if the interruption of their service is not more than eighteen (18) months, taktm 
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cumulatively, so long as the minimum required period is met. 
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SEC. 3. Status of covered employees and affected positions.- All of the positions 
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affected by this Act currently held by the covered employees shall be deemed necessary and/or 
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desirable for the efficient operation of the government and shall be marked as co-temlinus with 
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the incumbents. All covered employees may not be separated or terminated from the saifl 
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positions except for just or lawful cause and with due process of law nor can their positions be 
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abolished except when the same are vacated by their incumbents. 
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SEC. 4. Implementing Rules and Regulations.- The Civil Service Commission, in 
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consultation with the Department of Budget and Management, shall issue the rules and 
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regulations necessary to implement the provisions of this Act. Said implementing rules and 
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regulations shall be promulgated within ninety (90) days after the approval of this Act. 
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SEC. 5. Penal Provisions.- Any govemment employee who shall apply for entitlement to 
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security of tenure under the provisions of this Act on the basis of false claims and/or documents 
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as well as any govemment officer or employee who will make or issue false certifications, 
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attestations, endorsements arld/or spurious documents in relation to any such application shall 
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suffer the penalty of imprisonment of one (1) to three (3) years or a fine in amount up to One 
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hundred thousand pesos (PIOO,OOO.OO) or both, at the discretion of the judge, in addition to 
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perpetual disqualification from public office. Said employees may also be administratively 
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charged under existing civil service laws, rules and regulations. 
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SEC. 6. Separability Clause.- If arlY prOVISIOn of this Act is held as invalid or 
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unconstitutional, the remaining provisions of this Act not otherwise affected shall remain valid 
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and subsi sting. 
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SEC. 7. Repealing Clause. - AI! laws, decrees, executive orders, depatiment or 
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memorandum orders and other administrative issuance or parts thereof which are inconsistent 
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with the provisions of this Act are hereby modified, superseded or repealed accordingly. 
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SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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