FOURTEENTH CONGRESS OF THE 
) 
First Regular Session 
) ) 
7 J& -3 P6:18 
REPUBLIC OF THE PHILIPPINES 
Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORYNOTE 
The biggest employment agency in the country today is the Philippine 
government. Tasked with the vital responsibility of running the bureaucracy and the 
delivery of basic services to the people, the salient role of the civil service cannot be 
over-emphasized. But despite its role and its existence for over a hundred years, there 
exist a vacuum of permanent, stable, integrated and comprehensive policies and laws 
governing our Philippine Civil Service System. 
True, there are laws and regulations that govern the operation of the civil 
service, as are found scattered in quite a number of laws, decrees, letters of 
instructions, executive orders and administrative issuances. 
Yet, there are still 
apparent gaps that more often cause problems and controversies due to inconsistencies 
in said issuances or irrelevance or obsoleteness in light of the changing times. 
Taking this to heart, there is therefore an insistent need to update, even repeal, 
modify and I or amend cxifiting laws, decrees, LOIS, EOs and administrative issuances 
relative to the civil service to fully advance the professionalism of the government 
bureaucracy. Codification, therefore, of aforesaid policies and legislation is pressing 
and equally fitting. 
This proposed Philippine Civil Service Code of 2005 seeks to address the deeply- 
rooted problems confronting the public service, to wit: graft and corruption; 
bureaucratic red tape; violations of the rights of the employees, 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 the delivery of 
frontline services. 
The salient features of the proposed Code are: 1) shortened adjudication process 
in administrative cases; 2) decentralized functions of the Civil Service Commission to 
departments I agencies of government; 3) substantive reduction of management 
discretion in personnel actions thereby requiring government agencies to hire or 
promote the best qualified applicants; 4) enhanced employees' rights particularly the 
right to job security and protection from partisan influences; and 5) restructured 
employee privileges to conform to current norms and standards, including expanded 
leave privileges. 
Approval of this measure, therefore, is earnestly sought. 
2 4  
EDGARDO J. ANGARA 
Senator 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I 1  
12 
13 
14 
I5 
16 
17 
1s 
19 
20 
21 
22 
23 
24 
25 
26 
27 
FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
7 JUL -3 P6:18 
-*- 
P 
Ilfwrb%l7t RY: 
S E N A T E  
S. B. NO. 903 
Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT ESTABLISHING A CIVIL SERVICE CODE OF THE PHILIPPINES 
AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Republic of the 
Philippines in Congress assembled: 
BOOK I. GENERAL PRINCIPLES 
Title I - Policies on Civil Service System 
Chapter One. Policies and Principles 
SECTION 
1. Short Title. - This Act shall be known as the ”Philippine Civil 
Service Code of 2007.” 
SEC. 2. 
Declaration of Policy. - The State recognizes the primary and 
important role of the civil service system in providing stability, continuity and 
expertise in government operations, ensuring delivery of public services and achieving 
the national development goals of peace, human security and sustainable human 
development. The state shall provide the enabling environment that will promote its 
integrity, independence, productivity and excellence. 
It is the policy of the State to promote the Constitutional mandate that 
appointments in the civil service system shall be made only on the principle of merit 
and fitness; that public office being a public trust, [gouernrnent personnel] PUBLIC 
OFFICERS AND EMPLOYEES must be accountable to the people and live the 
principles of utmost responsibility, integrity, loyalty, efficiency, patriotism, justice and 
modesty in serving the people; that employment opportunities in the civil service 
system shall be equally available AND ACCESSIBLE to all qualified citizens; that no 
[government personnel] PUBLIC OFFICER OR EMPLOYEE shall be disciplined, 
suspended or dismissed except for cause and after observing due process of law OR 
EXCEPT IF TERMINATED FOR NON-DISCIPLINARY CAUSES; that the Civil 
Service Commission, being the central personnel agency of the government, shall 
administer the civil service system and be responsible in providing policies and 
guidelines on the selection, utilization, training and discipline of fgoovernment 
personnel] PUBLIC OFFICERS AND EMPLOYEES; that their right to self- 
organization, collective negotiation and peaceful concerted activities, including the 
right to strike in accordance with the provisions of this Code, shall be guaranteed and 
1 


I 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
4s 
46 
47 
48 
49 
50 
51 
52 
53 
54 
respected; that equal pay for equal work shall be guaranteed; and actions on personnel 
matters shall be decentralized, with the different departments and other offices or 
agencies of the government delegating to their regional offices or other similar units, 
powers and functions; and that the autonomy of Local Government Units shall be 
respected. 
SEC. 3. 
Definition. With reference to the civil service system and as used 
in this Code, the following terms shall be construed to mean as follows: 
(a) “Agency” refers to any department, bureau, office, commission, administration, 
board, committee, institute, government-owned or controlled corporation with 
original charter, local government units, state universities and colleges, [and 
entities and corporations sequestered by the government,] or any other unit of 
the National Government, as well as provincial, city, municipal government, 
except as hereinafter otherwise provided; 
(b) “Appointing Authority” refers to the person or body authorized by law to 
make appointments in the civil service system; 
(c) “Appointment” refers to the document issued by the appointing authority 
allowing the appointee to occupy the position stated therein and to perform its 
functions and receive the corresponding compensation. It could also refer to the 
selection by the appointing authority of an individual who is to exercise the 
functions of the position; 
(d) “Career Executive Service (CES)” refers to the strong, stable and competent 
pool of career public managers that will provide effective support to national 
development. 
(e) “CESB” is the Career Executive Service Board. 
(f) “Career Executive Service Officer (CESO)” refers to a person conferred a 
CES rank; 
(g) “Chairperson” is the Chairman of the Civil Service Commission. 
(h) “Civil service” refers to the men and women employed to carry out public 
services, in all branches, agencies, subdivisions and instrumentalities 
of 
government, government-owned and -controlled corporations with original 
charters or created under special laws, local government units, AND state 
universities and colleges(, and entities and corporations sequestered by the 
government]. 
“Civil service eligible” refers to a person who passed a civil service 
examination or is granted a civil service eligibility by law or by the Civil Service 
Commission; 
“Civil service system” refers to the institution mandated to carry out public 
services, in all branches, agencies, subdivisions and instrumentalities 
of 
government, government-owned and -controlled corporations with original 
charters or created under special laws, local government units, AND state 
universities and colleges [, and entities and corporations sequestered by the 
government] ; 
2 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
4s 
49 
50 
51 
52 
53 
(IC) “Class” refers to all positions in the civil service system that are sufficiently 
similar as to duties and responsibilities and require similar qualifications that 
can be given the same title and salary and for all administrative and 
compensation purposes, be treated alike; 
(1) “Commission” refers to the Civil Service Commission; 
(4 
“Commissioner” refers to either of the two (2) other members of 
the Commission; 
(n) “Consultant” refers to the person employed under a consultancy contract hired 
by reason of expertise, to perform highly specialized functions not readily 
available from career personnel, for a short duration, having no employer- 
employee relation with the hiring agency; 
(0) “Department” refers to any of the departments in the Executive branch, 
Congress, the Judiciary and any of the constitutional commissions; 
@) “Disciplining authority” refers to the person or body authorized to suspend, 
dismiss or discipline PUBLIC OFFICERS and employees in the civil service 
system; 
(q) “Eligibility’ refers to the qualification, acquired by an individual after passing 
a civil service examination or granted by law, for entrance into and promotion in 
the career service; 
(r) ‘Employee’ refers to any person employed in the civil service system of 
whatever category or class up to division chief level; 
(s) ‘Employee organization’ refers to a duly registered employee organization, 
union, association, FEDERATION, CONFEDERATION, society or alliance in 
accordance with the provisions of this Code; 
(t) “Examination’ refers to the test conducted by the Commission or any agency 
authorized by law for the purpose of determining merit and fitness for 
appointment in the civil service system; 
(u) “Grievance’ refers to an employee’s complaint regarding working conditions, 
working relationships or employment status; 
(v) “Grieuance procedure” refers to the process of resolving employee grievances; 
(w) “Highly technical position’ refers to a position which requires the occupant to 
possess skill or training in a supreme or superior degree, like that of a scientist; 
(x) ‘Job order” refers to a contract of service of individuals paid under a lump sum 
appropriation for a short duration having no employer-employee relation with 
the government. 
(y) “Merit system’ refers to an organized mechanism by which the selection, 
utilization, compensation, training, retention and discipline of employees in the 
service are governed by comparative merit and achievement; 
3 


I 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
(z) “Party adversely affected” refers to the respondent against whom a decision 
in a disciplinary case has been rendered; 
(aa)“PersonneZ action’ is any movement of personnel in the civil service system; 
(ba)‘Policy determiningpositi0n”refers to a position which vests in the occupant 
the power to formulate policies for the government or any of its agencies, 
subdivisions, or instrumentalities, like that of a member of the Cabinet; 
(ca)“Position” refers to an occupational title with a defined set of duties and 
responsibilities to be performed by an individual either on full-time or part-time 
basis; 
(da)“PrimariZy confidential position” refers to a position where the occupant 
enjoys more than the ordinary confidence of the appointing power but bears 
such close intimacy which relieves the latter from misgivings of betrayal of 
personal trust on confidential matters, like that of a private secretary; 
(ea)“PUBLIC OFFICERS” as distinguished from employees, refers to those whose 
functions are managerial or executive in nature and above the division chief 
level; 
(fa)“QuaZification standards” refer to the minimum requirements for a class of 
position expressed in terms of education, training, experience, civil service 
eligibility, physical fitness and other qualities required by the job; 
(ga)“Rank-and-file” shall refer to employees occupying positions in the first and 
second levels; 
(ha)”Reorganization” refers to the process of restructuring the bureaucracy’s 
organizational and functional set-up with the view of making it more 
economical, effective, efficient and responsive to the needs of the public; 
(ia)“Sequestered agency” refers to any business entity recovered or sequestered 
by the government in accordance with law.]; 
(ja)“SoZo parent” refers to an individual who falls under any of the following 
categories: 
1. 
2. 
3. 
4. 
5. 
A woman who gives birth as a result of rape and other crimes against 
chastity even without a final conviction of the offender: Provided, that the 
mother keeps and raises the child; 
Parent left solo or alone with the responsibility of parenthood due to death of 
spouse; 
Parent left solo or alone with responsibility of parenthood while the spouse is 
detained or is serving sentence for a criminal conviction for at least one (1) 
Parent left solo or alone with the responsibility of parenthood due to physical 
and/or mental incapacity of spouse as certified by 
a public medical 
practitioner; 
Parent left solo or alone with the responsibility of parenthood due to legal 
separation or de facto separation from spouse for at least one (1) year, as 
long as he/she is entrusted with the custody of the children; 
yr ; 
4 


1 
6. Parent left solo or alone with the responsibility of parenthood due to 
2 
declaration of nullity or ‘annulment of marriage as decreed by a court or by a 
3 
church who is entrusted with the custody of the children; 
4 
7. Parent left solo or alone with the responsibility of parenthood due to 
5 
abandonment of spouse for at least one (1) year; 
6 
8. Unmarried motherlfather who has preferred to keep and rear her/his 
7 
childlchildren instead of having others care for them or give them up to a 
8 
welfare institution; 
9 
9. Any other person who solely provides parental care and support to a child or 
10 
children; 
I I  
10.Any family member who assumes the responsibility of head of family as a 
12 
result of the death, abandonment, disappearance or prolonged absence of the 
13 
parents or solo parent. 
14 
15 
16 
17 
(ii) “Strike” refers to a concerted. action of an accredited employee organization 
which will result in temporary stoppage or disruption of public service 
18 
19 
20 
Chapter Two. Rights and Obligations of Public Officers and Employees 
21 
in the Civil Service System 
22 
23 
24 
SEC. 4. 
Rights. - PUBLIC OFFICERS and employees in the civil 
25 
21 
(a) 
Security of tenure; 
28 
(b) 
Exercise the authority attendant to their positions; 
29 
Enjoy leave, welfare, retirement and other benefits and services; 
30 
(d) 
Self-organization 
or 
to 
form 
and 
join 
unions, 
associations, 
31 
FEDERATIONS, CONFEDERATIONS, societies or ALLIANCES for 
32 
purposes not contrary to law; 
33 
(e) 
For rank-and-file employees of accredited organizations to collectively 
34 
negotiate for terms and conditions of employment in accordance with 
35 
existing laws; and 
36 
(f) 
Enjoy such other rights provided by law. 
service system shall have the right to: 
26 
(c) 
37 
38 
39 
SEC. 5. 
Obligations. - PUBLIC OFFICERS and employees in the civil 
40 
service system shall: 
41 
(a) 
Uphold and defend the Constitution and laws of the Republic of the 
42 
Philippines; 
43 
(b) 
Take and subscribe to an oath before assumption of office; 
44 
(c) 
Be accountable at all times to the people, and serve them with utmost 
45 
responsibility, integrity, loyalty and efficiency, act with patriotism and 
46 
justice and lead modest lives; 
47 
Discharge their duties faithfully and maintain the required level of 
48 
productivity of their positions for the benefit of the public; 
49 
Submit upon assumption to duty and as often as may be prescribed by 
50 
law, a sworn statement of assets, liabilities and net worth and disclosure 
51 
of business interests and financial transactions; 
52 
Identify and disclose, to the best of their knowledge, their relatives in 
53 
government, in the manner and frequency as may be prescribed by law, 
54 
rules and regulations; 
(d) 
(e) 
(f) 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
I S  
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
so 
51 
52 
53 
(g) 
(h) 
Undertake programs of self-development to improve their performance 
and levels of service; and 
PERFORM SUCH OTHER OBLIGATIONS AS MAY BE PROVIDED 
BY LAW. 
Title I1 - Scope of the Civil Service System 
Chapter One. Positions in the Civil Service System 
SEC. 6. 
Coverage. 
- 
The civil service system embraces all branches, 
subdivisions, instrumentalities, and agencies of the Government, including local 
government units, state universities and colleges, [entities and corporations 
sequestered by the government,] and government-owned or -controlled corporations 
with original charters. 
SEC. 7. 
Administration of the Civil Service System. - As the central 
personnel agency of the government, the Commission shall establish a career service, 
administer the civil service system, adopt measures to promote morale, efficiency, 
competency, integrity, honesty, responsiveness, progressiveness, courtesy and gender 
sensitivity in the civil service system, strengthen the merit and rewards system, 
integrate all human resource development programs for all levels and ranks therein 
and institutionalize a management climate conducive to public accountability. 
SEC. 8. 
Categories of Positions. - Positions in the civil service system 
shall be categorized as career and non-career. 
SEC. 9. 
The Career Service. - The career service shall be characterized 
by (a) entrance based on merit and fitness to be determined, as far as practicable, by 
competitive examinations or on highly technical qualifications; (b) opportunity for 
advancement to higher career position; and (c) security of tenure which is also based 
on performance, mechanics of which shall be formulated by the Commission. 
SEC. 10. 
Positions Included in the Career Service. - Positions in the 
career service include the following.: - 
Open career positions - appointment to any level in the career service 
which requires qualification in an appropriate examination or other 
modes in accordance with law; 
Closed career positions - positions that are scientific or highly technical 
in nature which shall establish and maintain their own merit systems, 
such as the following: 
(1) 
Faculty and academic staff of state universities and colleges or 
scientific and technical positions in scientific or research 
institutions; 
Career Officers, other than those in the Career Executive Service, 
who are appointed by the President, such as the Foreign Service 
Officers in the Department of Foreign Affairs, the judges and 
justices in the Judiciary and the prosecutors in the prosecution 
services; 
Uniformed and commissioned personnel of the Philippine National 
Police; 
(2) 
Career Executive Service; 
(3) 
(4) 
6 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
[(c) 
PersonneL of government-owned or controlled corporations with original 
charters, whether performing governmental or proprietary functions, who 
do not fall under the non-career service; and] 
Permanent laborer, whether skilled, semi-skilled, or unskilled. 
(c) 
SEC. 11. 
Classes of Positions in the Career Service. - Positions in the 
(a) 
First Level - includes clerical, trades, crafts and custodial positions 
whether in a non-supervisory or supervisory capacity; 
(b) 
Second Level - includes professional, highly technical, scientific or other 
highly specialized positions in a supervisory or non-supervisory capacity 
requiring at least a baccalaureate degree or its equivalent as determined 
by the Commission; and 
(c) 
Third Level - the highest level positions in the career service as 
determined 
in 
the 
[National] 
POSITION 
Classification 
and 
Compensation [Plan] SYSTEM. 
career service shall be grouped as follows: 
Except as otherwise provided in this Code, entrance to the first two levels shall 
be through competitive or special examinations to be AUTHORIZED by the 
Commission. Entrance to the third level shall be based on qualification requirements 
prescribed by the Commission THROUGH THE CESB. [Entrance to a higher Zed 
does not require previous qualification in the lower level.] 
SEC. 12. 
The Non-Career Service. 
- 
The non-career service shall be 
characterized by merit and fitness to be determined by (a) modes other than those of 
the usual tests utilized for the career service; (b) tenure which is limited to a period 
specified by law; (c) tenure which is co-terminus with that of the appointing authority 
or subject to hidher pleasure or which is limited to the duration of a specific project for 
which purpose employment was made; and (d) the primarily confidential nature of the 
position. 
SEC. 13. 
Positions Included in the Non-Career Service. - The non- 
career service shall include the following: 
Elective OFFICERS and their personal and primarily confidential staff; 
Department heads and other PUBLIC OFFICERS of Cabinet rank who 
occupy their positions at the pleasure of the President and their personal 
and primarily confidential staff; 
Chairpersons and members of constitutional commissions and other 
commissions, boards and other bodies with fixed terms of office and their 
personal and primarily confidential staff; 
Non-career undersecretaries and non-career assistant secretaries and 
their personal and primarily confidential staff; 
Contractual personnel or those whose employment is in accordance with 
a special contract for a maximum period of one year to undertake a 
specific work or job which requires special or technical skills not available 
in the employing agency; 
Those whose positions may be declared as personal and primarily 
confidential by the Commission; and 
Emergency, casual and seasonal personnel. 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
Title I11 - The Civil Service Commission 
Chapter One. Composition, Duties and Functions 
SEC. 14. 
Composition. 
- 
The Commission shall be composed of a 
Chairperson and two (2) Commissioners. 
AS 
FAR 
AS 
PRACTICABLE, 
THE 
COMPOSITION 
OF 
THE 
COMMISSION MUST BE GENDER-BALANCED. 
SEC. 15. 
Qualifications of the Chairperson and Commissioners. 
- 
The Chairperson and Commissioners shall be natural-born citizens of the Philippines, 
and at the time of their appointment are at least thirty-five (35) years of age with 
proven capacity for public administration and must not have been candidates for any 
elective position in the elections immediately preceding their appointment. At least 
one (1) of them must be a lawyer. 
SEC. 16. 
Terms of Office. - The Chairperson and Commissioners shall be 
appointed by the President subject to confirmation of the Commission on 
Appointments for a term of seven (7) years without reappointment. In no case shall 
any Member be appointed or designated in a temporary or acting capacity. 
Appointment to any vacancy shall be only for the unexpired term of the predecessor. 
SEC. 17. 
Compensation. 
- 
The salaries of the Chairperson and the 
Commissioners shall be fixed by law and shall not be decreased during their tenure. 
SEC. 18. 
[Prohibition. - No Member- of the Commission shall, during their 
tenure, hold any other office or employment except when expressly provided by law.] 
Powers an,d Functions of the Commission. - The Commission shall have the 
following powers and functions: 
37 
38 
(a) 
41 
0) 
39 
40 
42 
43 
44 
45 
46 
(4 
49 
(4 
47 
48 
so 
51 
52 
53 
(e) 
54 
Administer and enforce the constitutional and statutory provisions on the 
merit system for all levels and ranks in the civil service system; 
Prescribe, enforce and amend rules and regulations for carrying into 
effect the provisions of this Code and other pertinent laws which shall 
become effective thirty (30) days from the date of publication in the 
Official Gazette or in a national newspaper of general circulation; 
Promulgate its own rules concerning pleadings and practice before it or 
any of its offices. Such rules shall not diminish, increase or modify 
substantive rights; 
Promulgate policies, standards and guidelines for the civil service system 
and adopt plans and programs to promote economical, efficient and 
effective personnel administration in the government; 
Formulate policies and regulations for the administration, maintenance 
and implementation of position classification and compensation and set 
8 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
standards for the establishment, allocation and reallocation of pay scale 
classes and positions; 
Render decisions, orders, opinions or rulings on civil service matters 
which shall be binding on heads of departments and agencies and 
immediately executory; 
Confer ranks [upon CES eligibles] upon recommendation by the Career 
Executive Service Board: 
Discipline CES members for cause after due process; 
Manage the administration of the civil service examinations. Any entity 
or OFFICER OR EMPLOYEE OF THE [in] government may be called 
upon by the Commission to assist in the preparation and conduct of the 
said examinations. Such assistance includes, but is not limited to, the 
provision of personnel and security, the use of buildings and facilities, as 
well as the transportation of examination materials; 
Grant civil service eligibility to qualified applicants based on Civil Service 
examination results, performance, training, education, qualifications and 
other similar standards, subject to the guidelines it may prescribe; 
Prescribe all forms for civil service examinations, appointments, reports 
and such other forms as may be required by law and the rules and 
regulations of the Commission; 
Declare, when appropriate, positions in the civil service system as 
primarily confidential, highly technical or policy-de ternlining; 
Formulate, administer and evaluate programs relative to t,he selection 
and recruitment, development and retention of qualified and competent 
work force in the public service, including administration, development 
and evaluation of training, scholarship [programs] and retirement 
programs; 
Hear and decide administrative cases and other Civil Service matters 
brought before it directly or on appeal, including disciplinary matters, 
contested appointments or personnel actions; 
Issue subpoena ad testificandum (process directing a person to testify) 
and/or subpoena duces tecum (process directing a person to produce with 
him/her any book, document or other things under hidher control 
pertinent to the issue of a pending controversy); 
Issue a writ of preliminary injunction or temporary restraining order 
when, on the basis of the allegations in the petition, it is established that 
the acts complained of, involving or arising from any personnel actions, if 
not restrained or performed immediately, may cause grave or irreparable 
injury to any party or render ineffectual any decision of the Commission 
in favor of such party; 
Deputize OFFICERS AND EMPLOYEES of the Commission and of 
other departments and agencies to investigate and hear cases and to 
submit their findings and recommendations to the Commission. For this 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
purpose, deputized 
OFFICERS AND EMPLOYEES may issue 
subpoena ad testificandum (process directing a person to testify) andlor 
subpoena duces tecum (process directing a person to produce with 
himlher any book, document or other things under hidher control 
pertinent to the issue of a pending controversy); 
Delegate any power or function of the Commission to its regional or field 
offices; 
Review decisions and actions of its offices; 
Enforce and execute its decisions, orders and rulings, and for this 
purpose, deputize any national or local law-enforcement agency or 
instrumentality of the government which shall act under the direct and 
immediate supervision of the Commission; 
Punish for contempt, direct and indirect, OFFICERS, employees and 
other persons for refusal or failure to comply with the decisions, orders, 
rulings or processes and proceedings of the Commission. 
The 
Commission may impose a penalty of fine of not less than P1,OOO.OO per 
day until compliance, or suspension from office without pay for a period of 
not more than thirty (30) days; 
or both as the circumstances may 
warrant; 
Advise the President on all matters involving personnel management in 
the civil service system and submit to the President an annual report on 
personnel programs; 
Act on all appointments and other personnel matters in the civil service 
system; 
Inspect and audit the personnel actions and programs of the 
departments, agencies, bureaus, offices, and other instrumentalities of 
the 
government, 
including 
government-owned 
and 
-controlled 
corporations with original charters, local government units, state 
universities and colleges, [and entities and corporations sequestered by 
the gouernment]; conduct periodic review of the decisions and actions of 
offices or OFFICERS to which authority has been delegated by the 
Commission and apply appropriate sanctions whenever necessary; 
Prescribe rules and policies on employee organizations and regulate 
employee-management relations including the settlement of disputes; 
Prescribe an.d enforce rules and regulations to ensure safe, healthy and 
proper working conditions for employees; 
Keep and maintain personnel records, extend and accredit government 
service of PUBLIC OFFICERS and employees; 
Delegate authority for the performance of any of its functions to other 
departments and agencies where such functions can be effectively 
performed; 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
Appoint and discipline its OFFICERS and employees in accordance with 
law and exercise control and supervision over the activities of the 
Commission; 
ADMINISTER PROGRAMS THAT WILL FOSTER AN HONEST, 
LIMITED TO THE ENCOURAGEMENT AND PROTECTION OF 
PERSONS 
WHO 
REPORT 
TO 
PROPER 
GOVERNMENT 
AUTHORITIES 
ANOMALIES 
AND 
IRREGULARITIES 
IN 
GOVERNMENT OPERATIONS; and 
GRAFT-FREE 
PUBLIC 
SERVICE, INCLUDING 
BUT NOT 
Exercise all powers and perform the functions properly belonging to a 
central personnel agency. 
SEC. 19. 
Duties and Responsibilities of the Chairperson and the 
Commissioners. 
(a) 
The Chairperson and the two Commissioners shall be responsible for the 
effective exercise of the rule-making, policy-formulation and adjudicative 
functions of the Commission. They shall decide by a majority vote on any 
case or matter brought before the Commission within sixty (60) days from 
the date of its submission for decision or resolution. 
(b) 
The Chairperson shall be the chief executive officer and shall perform the 
following functions: 
- 
Execute and administer the internal policies, decisions, orders, and 
resolutions approved by the Commission; 
Direct and supervise the operations and internal administration of 
the Commission; 
Sign appointments of subordinate OFFICERS and employees 
made by the Commission and enforce decisions on administrative 
discipline involving them; 
Submit the annual budget of the Commission to Congress for its 
approval; 
Transmit to the President, rules and regulations adopted by the 
Commission which require presidential attention including annual 
and other periodic reports; 
Delegate authority, in whole or in part, to other OFFICERS of the 
Commission, in accordance with the Rules and Regulations of the 
Commission; and 
Perform such other functions as may be provided by law. 
(c) 
The Chairperson shall be a member of the board of directors and 
governing body of government entities whose functions affect the career 
development, employment status, rights, privileges and welfare of 
PUBLIC OFFICERS and employees, such as the Government Service 
Insurance System (GSIS), Foreign Service Institute (FSI), Board of 
Foreign Service Examinations (BFSE), Foreign Trade Service Board 
(FTSB), Board for Professional Teachers (BPT), Scientific Career System 
(SCS), Developnient Academy of the Philippines (DAP), HOME 
DEVELOPMENT MUTUAL FUND (HDMF), PHILIPPINE HEALTH 
INSURANCE CORPORATION (PHILHEALTH) and other similar 
boards as may be created by law. 
11 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I I  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
The Chairperson may delegate any of these responsibilities to any of the 
Commissioners and other ranking OFFICERS of the Commission. 
The Commissioners may perform such functions as may be delegated by 
the Commission. In the absence of the Chairperson owing to illness or 
incapacity, the senior Commissioner shall act as, and perform the 
functions of the Chairperson. 
(d) 
SEC. 20. 
Commission Proceedings. - The proceedings of the Commission 
shall be in accordance with such rules as it may adopt. 
Chapter Two. Organization and Structure 
SEC. 21. 
Offices in the Commission. - The Commission shall have the 
following offices: 
Office of the Assistant Commissioners; 
Office for Career Executive Service Secretariat 
Office for Legal Affairs; 
Examination, Recruitment, and Placement Of€ice; 
Personnel Policies and Standards Office; 
Human Resource Development Office; 
The Civil Service Institute; 
P[ersonneZ]UBLIC SECTOR LABOR Relations Office; 
Public Assistance and Information Office; 
Integrated Records Management Office; 
Office for Planning and Administration; 
Office for Financial and Assets Management ; 
Office for Personnel Management and Development; 
Staff Support Offices; 
(1) 
Internal Audit Service 
(2) 
Commission Secretariat 
Regional OfficeslField Offices 
SEC. 22, 
Office of the Assistant Commissioaers. - 
The Office of the 
Assistant Commissioners (OACs) shall render executive staff functions to the 
Commission in the areas of research, policy review and program development. This 
office shall also handle special projects and maintain external linkages as may be 
deemed necessary by the Commission. 
SEC. 23. 
Office for Career Executive Service Secretariat. 
- 
The 
functions of the Office for Career Executive Service Secretariat (OCESS) is defined in 
Chapter 3 on the Career Executive Service. 
SEC. 24. 
Office for Legal Affairs. 
- 
This office shall provide the 
Commission with legal advice and assistance in the exercise of its rule-making, policy- 
formulation, prosecution, quasi-judicial and other functions. The Solicitor General 
shall represent the Commission in connection with cases involving its functions before 
12 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I I  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
3s 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
any court or tribunal. 
The Solicitor General may deputize attorneys of the 
Commission to appear before such courts or tribunals but shall be under the 
supervision and control of the Solicitor General with respect to such cases. 
SEC 25. 
Examination, Placement and Recruitment Office. 
- 
The 
Examination, Placement and Recruitment Office (ERPO) shall take charge of 
developing, enhancing, controlling, supervising and coordinating pertinent schemes in 
the granting of civil service eligibility such as but not limited to administration of Civil 
Service examinations. It shall also take charge of formulating programs, policies, 
standards and guidelines in the certification and placement of civil service eligibles. 
SEC. 26. 
Personnel Policies and Standards Office. - The Personnel 
Policies and Standards Office (PPSO) shall take charge of the formulation and periodic 
review of qualification-, performance- and promotion-standards within the context of 
the merit and rewards policies of the various closed and open career systems. The 
office shall, in coordination with appropriate offices in the Department of Budget and 
Management (DBM), develop policies and regulations with respect to the 
administration, maintenance and implementation of position classification & 
compensation as well as standards for the establishment, allocation and reallocation of 
pay scales, classes and positions. 
OPPS shall also develop policies, programs and regulations relative to 
performance management, as well as the inspection and audit of personnel 
mechanisms in the government agencies. 
SEC. 27. 
Human Resource Development Office. - The Human Resource 
Development Office (HRDO) shall formulate, administer, monitor and evaluate HRD 
programs and policies relative to the development and retention of a qualified and 
competent work force in the public service. It shall also be responsible for the 
innovation and modeling of development interventions to enhance capacities and 
reinforce service values of public servants. 
SEC. 28.Civil Service Institute. - This office shall be responsible for the 
design and administration of the Commission's training programs. 
SEC. 29. 
P[ersonnel] UBLIC SECTOR LABOR Relations Office. - The 
P[ersonneZ]UBLIC SECTOR LABOR Relations Office (PSLRO) shall take charge of 
all inter- and intra-public sector union concerns such as employee relation standards, 
conciliation, registration and accreditation of unions including advocacy work. It shall 
also serve as the secretariat for the Public Sector Labor Management Council 
(PSLMC). The conduct of research and training on public sector unionism, as well as 
the function of designing and developing labor education programs shall also be lodged 
in this office. 
SEC. 30. 
Public Assistance and Information Office. 
- 
The Public 
Assistance Information Office (PAIO) shall take charge of managing an effective 
information exchange system between the Commission and its internal and external 
publics. 
Its function includes maintaining strong linkages with media 
institutions/practitioners as well as undertaking special projects, such as the CSC 
13 


I 
2 
3 
4 
5 
6 
I 
8 
9 
I O  
1 1  
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
2s 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
4 1  
48 
49 
50 
51 
52 
53 
54 
anniversary celebration and the Honor Awards Program, necessary in carrying-out its 
dual role of information dissemination as well as feedback generation on operations, 
programs and thrusts of the Commission. 
SEC. 31. 
Integrated Records Management Office. - 
The Integrated 
Records and Management Office (IRMO) shall formulate and implement policies, 
standards and regulations pertaining to the storage, maintenance, security control, 
and disposal of government personnel records and other related civil service 
documents. Management of such records includes maintenance of the resource center 
for computer-based information, the library, the archives, and the museum of the 
Commission. 
IRMO shall also be responsible for the management of incoming and outgoing 
communications of the Commission. 
SEC. 32. 
Office for Planning and Administration.. - The Office for 
Planning and Administration (OPA) shall be responsible for the formulation, 
implementation and monitoring of the long-term Strategic Plans of the Commission. 
It shall provide technical support and assistance to the Commission on organizational 
planning, benchmarking and research and in the development of work programs and 
projects of the different Commission offices consistent with its mandate. 
OPA shall also oversee the formulation and management of the Information 
Technology Plan that shall serve as the blueprint for the development, 
implementation, and maintenance of communication and information systems vital to 
the internal operations of the CSC as well as to the decision-making functions of the 
Commission. 
SEC. 33. 
Office for Financial altd Assets Management. - The Office for 
Financial Assets and Management (OFAM) shall take charge of ensuring sound fiscal 
and asset management consonant with the annual, supplemental and special budgets 
of the Commission as contained in the General Appropriations Act. 
SEC. 34. 
Office for Personnel Management and Deuelopment. - The 
Office for Personnel Management and Development (OPMD) shall take charge of 
formulating the human resource management and development plan of the 
Commission, which includes development of sound policies on personnel management 
in the areas of recruitment and selection, employee welfare and discipline, career 
development programs as well as position classification and pay plan of the 
Commission. 
Internal Audit Seruice. - The Internal Audit Service (IAS) shall 
oversee the periodic evaluation of existing methods and procedures, including financial 
systems, in the Commission and on the basis of such, formulate plans and programs 
relative to fiscal discipline, and management improvement and productivity of the 
Commission. 
SEC. 35. 
SEC. 36. 
Commission Secretariat. 
- 
The Commission Secretariat 
(COMSEC) shall take charge of programming and coordinating regular and special 
meetings of the Commission. Its function includes efficient information management 
14 


1 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
I 1  
I2 
13 
14 
15 
16 
17 
I S  
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
and maintenance of all records, decisions, policies, pronouncements and issuances of 
the Commission. 
COMSEC shall also be the main liaison between Central Office and the 
Regional Offices. This function includes coordination of all transactions of the Central 
offices with the Regional offices. 
SEC. 37. 
Regional Officeflield Offices. - The Regional Offices shall 
enforce Civil Service rules, policies and standards on personnel management within 
their respective regional jurisdictions. 
They shall provide technical advice and 
assistance to government offices and agencies regarding personnel administration 
such as but not limited to examination and placement, career development, 
appointments, filinghesolution of legal cases, audit, and other functions delegated by 
the Commission. 
SEC. 38. 
Changes in the Commission Organizational Structure. . 
The Commission may reorganize or effect changes in its organization, including the 
creation, merger or consolidation, splitting or division and abolition of offices and 
positions. 
Chapter Three. The Career Executive Service 
SEC. 39. 
Career Executive Service. - A strong, stable, [and] competent, 
WELL TRAINED AND HIGHLY MOTIVATED pool of career public managers that 
will provide effective support to national development shall constitute the Career 
Executive Service (CES). Entry and advancement in the CES shall be based on merit 
and fitness which shall include integrity, demonstrated managerial and executive 
competence, leadership and interpersonal qualities, technical expertise and other 
pertinent qualifications. 
The CES shall be governed by a separate merit system characterized by rank 
rather than position; compensation based on rank and advancement to a higher rank 
on the basis of executive and technical expertise. 
SEC. 40. 
Membership. - A person who meets such managerial experience, 
executive competence, and other requirements prescribed by the Commission through 
the CESB, shall be conferred appropriate rank and shall be included in the roster of 
CAREER EXECUTIVE SERVICE OFFICERS (CESOs). 
SEC. 41. 
Career Executive Service Board. - The Career Executive 
Service Board (CESB) shall be under the general supervision of the Commission. It 
shall be responsible for the development, maintenance and administration of the CES. 
Composition of the Career Exemtive Service Board. - The 
CESB shall be composed of the following: the Chairperson of the Commission as 
Chairperson; the President of the Development Academy of the Philippines, ex-officio 
member; the Dean of the University of the Philippines-National College of Public 
Administration and Governance, ex-officio member; a representative of a nationwide 
SEC. 42. 
15 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
association of career executive service officers to be appointed by the Chairperson 
upon the recommendation of the association; an officer from a nationwide association 
of personnel managers to be appointed by the Chairperson; and, two (2) other 
members who shall be appointed by the President and one of whom must be a retired 
CESO, both with staggered terms of three (3) years. 
Members of the CESB shall be provided with per diems and allowances as 
determined by the Commission. 
SEC. 43. 
Office of the Career Executive Service Secretariat. - The 
Career Executive Service Board (CESB) shall be assisted by the Office of the Career 
Executive Service Secretariat (OCESS) which shall serve as the CESB secretariat. 
The OCESS shall be an office under the Commission but shall maintain its own 
administrative and financial support system. It shall be headed by an Executive 
Director and assisted by a Deputy Executive Director both of whom shall be appointed 
by the Commission upon recommendation by the CESB. 
The OCESS shall be 
responsible for the implementation of the policies, rules, regulations, decisions, 
directives of the CESB and the Commission. 
The Executive Director and the Deputy Executive Director shall be Career 
Executive Service Officers. 
SEC. 44. 
Rank Classification of Members of the Career Executive 
Service. 
~ 
Members of the CES shall be classified according to rank based on their 
personal proven competence, qualifications, broad levels of responsibility and other 
relevant considerations as determined by law and rules of the Commission. 
SEC. 45. 
Conferment of Appropriate Rank in the CES. - Conferment to 
appropriate rank in the CES shall be made by the Commission upon recommendation 
of the CESB. The issuance of appointment to appropriate rank shall be made by the 
Chairperson of the Commission. 
SEC. 46. 
Personnel Mechanisms. - The CESB shall deuelop and design 
personnel mechanisms for the CES in accordance with standards and policies 
developed by the Commission. 
SEC. 47. 
Compensation According to Rank. - Members of the CES shall 
be compensated according to rank in accordance with the CES compensation plan and 
shall be provided with attractive salaries, fringe benefits and reasonable allowances. 
The employing agency shall provide the funds to pay the salary, fringe benefits and 
allowances of the career executive assigned to it. A CESO occupying a CES position 
shall enjoy an added premium based on hidher rank and shall be granted a higher 
premium as hidher rank increases. 
However, in case a CESO occupies a CES 
position not appropriate to hidher rank, said officer shall receive the higher 
compensation. In no case shall a CESO receive [a salary] COMPENSATION lower 
than that corresponding to the rank. 
SEC. 48. 
Mobility. 
- CESOs who are appointed to career third level 
positions identified as CES positions are considered to be merely on designation to 
16 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
5 1  
52 
53 
such positions. 
another. 
A CESO can be assignedldesignated from one CES position to 
CESOs designated to a particular position may be replaced only by a qualified 
CESO; Provided, however, that temporary designation may be allowed only in the 
absence of qualified CESO as certified by the CESB. 
FOR THE PURPOSE OF THIS CHAPTER, DESIGNATION SHALL 
REFER TO THE ASSIGNMENT OF A CESO TO ANY CES POSITION FOR A 
THREE-YEAR TERM BY THE APPOINTING AUTHORITY. 
SEC. 49. 
CES Resource POOL - The Commission shall establish a CES 
resource pool drawn from CESOs whose participation is either voluntary or 
involuntary to be cross-posted in various agencies to undertake special works or 
unique assignments within a specified timeframe. For this purpose, the Commission 
upon recommendation of CESB shall establish the systems and procedures in the 
assignment of CESOs to the CES pool. 
The Commission, THROUGH THE CESB, shall institutionalize systems for 
THE 
PROMOTION 
OF 
CORE 
VALUES 
IN 
THE 
CES, 
CAREER 
DEVELOPMENT OF ITS MEMBERS, INCLUDING cross-posting [for CESOs and 
to promote the core values ofthe C E q  AND MOBILITY. 
Those assigned in the CES resource pool shall continue to receive [their 
salaries] COMPENSATION based on [their] rank. The Department of Budget and 
Management shall appropriate funding for the pool. The fund shall be released to and 
administered by the Commission to pay for the compensation and other expenses that 
may be incurred for the career executives assigned in the pool. 
SEC. 50. 
Administration of a Compensation Plan. - The Commission, 
jointly with the Department of Budget and Management, shall prepare, administer 
and periodically review a compensation plan for the CES, to maintain the high 
standard of public service and the quality of officers in the CES. 
Salaries, allowances and other benefits of CES officers shall be provided by the 
employing agency at rates in accordance with the CES Compensation Plan. 
SEC. 51. 
Security of Tenure. 
- 
CESOs enjoy security of tenure in 
government service and shall not be removed from service except for cause and after 
due process. 
SEC. 52. 
Discipline. - Investigation and adjudication of administrative 
complaints against members of the CES shall be governed by the provisions of this 
Code. 
SEC. 53. 
Career Undersecretary and Assistant Secretary. - 
At least 
50% of the total number of positions of Undersecretary and Assistant Secretary shall 
be career with each level accordingly represented. In case the total number is not 
17 


I 
2 
3 
4 
5 
6 
I 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
divisible by 2, then 50% must be appointed from the career but there must be a 
representative from each class. 
The President shall designate CESOs to career Undersecretary and Assistant 
Secretary positions. 
Appointment to non-career Undersecretary and Assistant 
Secretary positions shall likewise be made by the President. 
DESIGNATIONS TO CES POSITIONS LOWER THAN ASSISTANT 
SECRETARIES SHALL BE MADE BY THE HEAD OF AGENCY OR THE 
APPOINTING AUTHORITY CONCERNED AND SUCH SHALL BE SUBJECT 
TO THE APPROVAL BY THE COMMISSION. 
BOOK 11. 
PERSONNEL POLICIES AND STANDARDS 
Title I - On Employment 
Chapter One. Recruitment 
Policy. - Recruitment in the civil service system shall be made on 
the basis of merit and fitness to perform the duties and assume the responsibilities of 
the position, to be determined as far as practicable by competitive examination usually 
administered by the Commission. ONLY THE COMMISSION SHALL HAVE THE 
AUTHORITY TO GRANT CIVIL SERVICE ELIGIBILITY, 
SEC. 54. 
Every Filipino citizen shall have equal access to or opportunities for public 
service regardless of religious belief, color, sex, regional origin, SEXUAL- 
ORIENTATION or ethnic affiliation. Measures shall be adopted to include qualified 
members of indigenous cultural communities and other minority groups and 
differently abled persons for recruitment and selection. 
S~c.55. Kinds and Frequency of Civil Service Examinations. - 
Examinations may be written, oral, physical, testimonial based on performance or 
skills or a combination of these types. Examinations may take into consideration 
experience, education, aptitude, capacity, knowledge, character, physical fitness and 
other attributes of the applicant as may be determined by the Commission. 
The Commission shall administer competitive examinations for all levels in the 
career service and grant corresponding civil service eligibilities to passers of the same 
AND[. Examinations conducted by other agencies shall not be considered eligibility 
unless granted by the Commission. The Commission shall] conduct civil service 
examinations as often as the exigency of the service requires. 
Civil service special examinations may be conducted upon request of a 
particular department or agency, subject to rules and regulations promulgated by the 
Commission. 
SEC. 56. 
Qualifications of Applicants to Civil Service Examinations. - 
Admission to civil service examinations shall be limited to citizens of the Philippines 
who satisfactorily meet the requirements prescribed by the Commission. 
18 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
3 1  
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 57. 
Invalidation of CIVIL SERVICE EXAMINATION RESULTS 
[Eligibility]. - The Commission shall have the authority to invalidate civil service 
examination results based on statistical improbability and other forms of irregularity 
as determined by the Commission. 
SEC. 58. 
Examination Rating for Civil Service Eligibility. - Unless 
otherwise prescribed by the Commission, every examinee who obtains a general rating 
of at least eighty (80%) percent shall be granted a civil service eligibility. 
SEC. 59. 
Simultaneous Release of Examination Results. - The results 
of an examination held in various locations on the same date shall be released 
simultaneously. 
SEC. GO. 
Registers of Civil Service Eligibles. - The Commission shall 
maintain a register of qualified eligibles for each category of examination actually 
available for appointment. The register shall be the basis for certification and 
appointment in the civil service system. 
SEC. 61. 
Bar or Board Examinations as Eligibility. 
- 
Successful 
examinees to bar or board examinations requiring completion of baccalaureate degrees 
or courses requiring not less than seventy-two (72) units of collegiate subjects or its 
equivalent as well as those registered under their respective boards to practice their 
professions without examination, shall [automatically] be considered civil service 
eligibles. Their eligibilities shall be effective upon the release of examination results or 
the date of registration, as the case may be. 
The Supreme Court and the Professional Regulation Commission shall furnish 
the Commission with the official list of successful examinees within thirty (30) days 
from the release of the examination results. 
SEC. G2. 
Effectivity and Imprescriptibility of Civil Service Eligibility. 
- Eligibilities resulting from civil service, bar or board examinations shall be effective 
on the date of the release of examination results. Other eligibilities granted by the 
Commission shall be effective on the date of the grant. 
Civil service eligibilities shall be imprescriptible. 
SEC. 63. 
Agency Responsibilities in th.e Conduct of Examinations. - 
All departments and agencies shall extend the necessary support and assistance to the 
Commission in the conduct of civil service examinations. They shall make available 
such personnel, buildings, transportation, communication and other facilities, that 
may be needed in the administration of the examinations. 
SEC. 64. 
Printing, Storage, Transportation and Distribution of 
Examination Materials. - The printing, storage, transportation and distribution of 
examination materials shall be under the exclusive supervision and control of the 
19 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
Commission. The Commission shall determine and provide the necessary security 
measures for this purpose. 
SEC. 65. 
Examining Committees, Examiners and Investigators. - The 
Commission may deputize persons to act as members of examining committees, 
examiners or investigators to perform such duties as the Commission may require. In 
the performance of such duties, they shall be under the exclusive control and 
supervision of the Commission. Such persons so deputized may be given allowances or 
per diem for their services to be paid out of funds allocated for the particular 
examination and at a rate to be determined by the Commission. Expenses for 
specialized examinations shall be allocated by the requesting department or agency. 
Chapter Two. Selection and Appointment 
SEC. 66. 
Selection Process. - Each department or agency shall evolve its 
own selection process in accordance with standards and guidelines set by the 
Commission. 
A Personnel Selection Board for all levels shall be established in each 
department or agency to assist the appointing authority in the judicious evaluation 
and selection of personnel. 
The board shall be established in accordance with 
standards and guidelines set by the Commission. 
SEC. 67. 
Requisites for Appointment. - Employment in the government 
service shall be made through appointment in accordance with the provisions of the 
Constitution, this Code, other laws and the rules and standards prescribed by the 
Commission. 
In the appointment of teachers to public elementary or secondary schools 
preference shall be given to qualified bona fide residents of the municipalitykity where 
the school is located. 
SEC. -.PUBLICATION 
OF VACANCIES. - ALL VACANT POSITIONS 
IN GOVERNMENT SHALL BE PUBLISHED OR ANNOUNCED IN EITHER 
PRINT OR BROADCAST MEDIA OR IN ANY 
OTHER FORM OF 
PUBLICATION SUCH AS IN A NEWSPAPER OR PERIODICAL OF GENERAL 
OR LOCAL CIRCULATION; THE QUARTERLY BULLETIN OF VACANT 
POSITIONS PREPARED BY THE COMMISSION; OR THROUGH POSTING 
HOWEVER, THAT ONLY VACANCIES AT THE LOCAL GOVERNMENT 
UNITS SHALL BE PUBLISHED IN NEWSPAPERS OR PERIODICALS WHICH 
ARE OF LOCAL CIRCULATION, OR ANNOUNCED IN LOCAL RADIO 
NETWORKS. 
ON INTERNET WEBSITES; PRIOR TO ITS FILLING-UP. 
PROVIDED, 
THE AGENCY WHERE THE VACANCY IS SHALL BE RESPONSIBLE 
IN PUBLISHING OR ANNOUNCING ITS VACANT POSITIONS AND SUCH 
SHALL BE POSTED IN AT LEAST THREE (3) CONSPICUOUS PUBLIC 
PLACES IN THEIR AREA OF JURISDICTION. 
20 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
PROVIDED FURTHER, THAT PUBLISHED VACANT POSITIONS 
SHALL BE OPEN TO ANY QUALIFIED PERSON AND THAT THE 
COMMISSION SHALL NOT ACT ON ANY APPOINTMENT TO A VACANT 
POSITION UNLESS THE SAME HAS BEEN PUBLISHED AND POSTED. 
THE FOLLOWING POSITIONS SHALL BE EXEMPT FROM THE 
(a) 
PRIMARILY CONFIDENTIAL; 
(c) 
HIGHLY TECHNICAL; 
(d) 
COTERMINOUS 
WITH 
THAT 
OF 
THE 
APPOINTING 
AUTHORITY, OR 
(e) 
LIMITED TO THE DURATION OF A PARTICULAR PROJECT. 
PUBLICATION REQUIREMENT: 
(b) 
POLICY-DETERMINING; 
SEC. 68. 
Merit and Fitness in Appointment. - Appointment in the civil 
service system shall be made only according to merit and fitness to be determined, as 
far as practicable, by competitive examination, except to positions which are policy 
determining, primarily confidential, or highly technical. 
SEC. 69. 
Who May Appoint. - Appointment in the civil service system 
shall be issued only by those authorized by the Constitution or by law including those 
appointed in an acting capacity. Those who are designated cannot exercise the power 
to appoint. 
SEC. 70. 
Qualifications for Appointment. - Appointment in the civil 
service system shall be limited to citizens of the Philippines who are at least eighteen 
(18) years of age and who meet the qualifications and none of the disqualifications 
prescribed for the position. 
SEC. 71. 
Effectivity of Appointment. - An appointment shall take effect 
immediately upon its issuance by the appointing authority. If the appointee has 
assumed the duties of the position, he/she shall be entitled to receive salary at once 
without awaiting the approval of hidher appointment by the Commission. Such 
appointment cannot he withdrawn or cancelled by the appointing authority and shall 
remain in full force and effect unless disapproved by the Commission. However, an 
appointment issued THROUGH fraudulent means or in violation of law, shall be void 
from the beginning. 
In the case of temporary appointment, the twelve (12) month period of its 
effectivity shall be reckoned from the date of issuance of the appointment and not from 
the date the appointee assumes the duties of the position. 
No officer or employee in the government shall allow a person to render service 
without aN [copy of the] appointment duly issued by the appointing authority. Those 
who allow such service in violation of this Section shall be personally liable for the 
salaries of the person concerned. Moreover, the services rendered by the said person 
shall not be credited as government service. 
If the appointee does not assume office within thirty (30) days from date of 
issuance of appointment, said appointment shall be deemed automatically cancelled. 
21 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
4s 
46 
41 
48 
49 
50 
51 
52 
53 
54 
If the appointee is not allowed to assume office by the appointing authority in 
spite of the Commission's approval of the appointment, the appointing authority shall 
be held liable for contempt of the Commission. This is without prejudice to hidher 
liability under RA 3019 (Anti-Graft and Corrupt Practices Act) and other criminal and 
administrative sanctions. 
SEC. 72. 
Appointment Form. - An appointment shall be issued in the 
form prescribed by the Commission. 
SEC. 73. 
Submission of Appointments and Oaths of Office. - 
All 
appointments in the civil service system, except those issued by the President [and 
those of the Armed Forces of the Philippines], shall be submitted to the Commission for 
approval not later than thirty (30) days from the date of issuance thereof. 
Such 
approval shall be indicated below the signature of the appointing authority; 
otherwise, it shall be made effective thirty (30) days prior to the date of submission to 
the Commission. 
Copies of appointments and oaths of office of those appointed by the President 
shall be submitted to the Commission for record purposes. 
SEC. 14. 
Merit Promotion Plan. - 
Each department or agency shall 
establish a Merit Promotion Plan, subject to the approval of the Commission in 
accordance with standards and guidelines it may prescribe. 
SEC. 15. 
Appropriate Civil Service Eligibility. 
- 
Appropriate civil 
service eligibility shall be required for permanent appointment to positions in the 
career service in accordance with the standards set by the Commission. Whenever 
there is a qualified civil service eligible willing and actually available for appointment, 
no appointment shall be issued to a person who is not an eligible, even in a temporary 
capacity. 
When as certified to by the Commission, the immediate filling of the vacancy is 
required in the public interest, or when the vacancy is not permanent, a temporary 
appointment may be issued to eligibles who lack any of the other requirements for 
appointment or, to non-eligibles who meet all the other mandatory requirements for a 
particular position. 
A person with a civil service eligibility acquired by passing an examination shall 
be qualified for a position requiring a lower level eligibility if he/she possesses the 
other requirements for appointment to such position. 
Nothing herein shall affect eligibilities acquired prior to the effectivity of this 
Code. 
SEC. 76. 
Qualification Standards. - 
Qualification standards shall be 
used: (a) as a basis for civil service examinations for positions in the career service; 
(b) as a guide in appointment and other personnel actions; (c) in the adjudication of 
protests against appointment; (d) in determining training needs; and (e) as an aid in 
inspection and audit of the agencies' personnel work programs. 
22 


I 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
The establishment, administration and maintenance of qualification standards 
shall be the responsibility of the department or agency concerned, with the approval of 
the Commission. 
Qualification standards shall be administered so as to continually provide 
incentives to public officers and employees towards professional growth. 
Chapter Three. Status of Appointment 
SEC. ‘77. 
Appointment Status. - The status of an appointment shall be: 
(a) 
Permanent - an appointment issued to a person who meets all the 
qualification requirements of the position. In no case shall a person who 
meets all the requirements for permanent appointment [shall] be issued 
temporary appointment except to occupational groups of positions 
requiring additional or special disqualifications, in which case, prior 
clearance to issue temporary appointment shall first be secured from the 
Commission. 
In case an appointment is erroneously issued, the 
Commission shall make the necessary rectification. 
Whenever there is a qualified civil service eligible willing and actually 
available for appointment as certified by the Commission, a non-eligible 
shall not be appointed even in a temporary capacity to any vacant 
position in the career service. 
Temporary - an appointment issued to a person who does not meet the 
eligibility or any of the other qualification requirements of the position: 
Provided, that there are no qualified eligibles willing and actually 
available for appointment and that the appointment shall not exceed 
twelve (12) months. 
(b) 
A temporary employee shall not be removed except for cause 
during the one (1) year period; Provided, that he/she may be replaced any 
time within the said period, only by a qualified civil service eligible. In 
the latter case, the appointing authority shall recall the temporary 
appointment and appoint the qualified civil service eligible. 
(d) 
Provisional - an appointment issued to a teacher who meets all the 
requirements of the position except the eligibility but shall not exceed 
twelve (12) months. 
(e) 
Substitute - an 
appointment issued to a person who has all the 
qualifications for permanent appointment but shall occupy a temporary 
vacancy while the regular occupant thereof is on an approved leave of 
absence for at least one month, on a scholarship grant, on secondment, 
out on official business, or is unable to perform the duties for at least a 
month. 
(0 
Coterminous - an appointment issued to a person whose entrance and 
continuity in the service is: (1) based on the trust and confidence of the 
appointing authority or of the head of the organizational unit where 
he/she is assigned; [(2) co-existent with the incumbent;] (2) limited by the 
duration of the project; (3) co-existent with the life span of the agency or 
23 


1 
2 
3 
4 
5 
6 
7 
8 
9 
i n  
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
office created; or (4) CO-EXISTENT WITH THE TERM OF OFFICE 
OF THE APPOINTING AUTHORITY OR THE HEAD OF A 
SPECIFIC ORGANIZATIONAL UNIT. 
(g) 
Contractual - an appointment issued to a person for services in 
accordance with a special contract to undertake a specific work requiring 
special or technical skills unavailable in the employing agency, to be 
accomplished within one year. The contractual employee shall perform 
the specific work under hidher own responsibility with minimum 
direction and supervision from the hiring agency. 
No contractual 
appointments corresponding to plantilla positions shall be issued. 
Casual - an appointment issued to a person for services in an emergency 
or during peak work period to positions which do not have regular items 
in the plantilla of personnel of the department or agency. 
A casual 
appointment shall not exceed twelve (12) months. 
(h) 
Casual employees who have been in the service for an aggregate of 
three (3) years FROM THE APPROVAL OF THIS ACT who meet all 
the qualification requirements of the position shall be absorbed as 
regular employees in accordance with the budgetary limitations set by 
law and rules to be promulgated by the Commission. 
In no case shall temporary, provisional, contractual and casual appointments 
exceed an aggregate number of three (3) years in the same position except in 
meritorious cases as determined by the Commission. 
SEC. 78. 
Job OrderdContract of Services and Consultancy. - 
The 
appointing authority may enter into service contracts such as job orders/contracts of 
services and consultancies WITH INDIVIDUALS AND INSTITUTIONS TO 
COVER LUMP SUM WORK OR SERVICES FOR SHORT DURATION wherein 
no-employer-employee relation exists which contract shall be submitted to the 
Commission THIRTY (30) DAYS FROM PERFECTION OF THE CONTRACT for 
monitoring and record purposes. 
SEC. 79. 
Budget for Casual, Contractual Services and 
Job 
orderdContracts of Services. - The aggregate annual expenditure for consultancy, 
casual and contractual services shall jointly be determined by the Commission and the 
Department of Budget and Management. 
Chapter Four. On Personnel Actions 
SEC. 80. 
Personnel Action. - denotes the movement of personnel within 
the civil service system. It shall include original appointment, promotion, transfer, 
reinstatement, reemployment, reappointment, renewal, change of status, upgrading or 
reclassification, demotion and other related action. 
Personnel actions shall be in 
accordance with the rules, standards and regulations promulgated by the Commission. 
A vacancy may be filled up by any of the following personnel actions: original 
appointment, 
promotion, 
transfer, 
renewal, 
demotion, 
reemployment 
and 
reappointment. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 81. 
Original Appointment. 
- refers to the initial entry into the 
career service or non-career service. 
The appointee shall undergo a probationary period of six (6) months during 
which he/she shall undergo a thorough assessment of hislher performance and 
character. 
His/Her services can be terminated anytime during said period for 
unsatisfactory conduct or want of capacity. The order of termination shall be served 
through personal notice or through constructive notice and shall no longer be 
appealable. 
SEC. 82. 
Promotion. - is the movement of an employee to a higher position 
with a corresponding increase in duties and responsibilities, usually accompanied by 
an increase in salary. 
The pendency of an administrative case against any public officer or employee 
shall not be a bar to promotion. 
SEC. 83. 
Transfer. - is the movement of an employee from one agency to 
another or from one position to another within the same agency which may involve a 
position of higher, equivalent or lower rank, level or salary, without break in the 
service. Transfer requires the issuance of an appointment. 
SEC. 84. 
Reinstatement. - is the automatic restoration of a person to a 
position 
from which 
he/she was illegally 
separated with back 
salaries, 
ALLOWANCES AND OTHER MONETARY BENEFITS EXCEPT RATA AND 
UNIFORM ALLOWANCE [which should] not to exceed five (5) years reckoned 
retroactively from the date of actual reinstatement. 
SEC. 85. 
Reemployment. - is the appointment of a person who has been 
previously appointed to a position in the government service after separation 
therefrom. Reemployment presupposes gap in the service. 
SEC. 86. 
Reappointment. - 
is the issuance of an appointment during 
reorganization, devolution, salary standardization INVOLVING CHANGE IN 
POSITION TITLES AND SALARY GRADES, or similar events. 
Reappointment 
presupposes no gap in the service. 
SEC. 87. 
Renewal. - is the subsequent appointment issued immediately 
upon the expiration of a temporary, contractual or casual appointment, if a qualified 
eligible is not willing and actually available, as certified by the Commission. Renewal 
presupposes no gap in the service. 
SEC. 88. 
Demotion. - is the movement from one position to another within 
the same department or agency involving the issuance of an appointment with 
diminution in duties, responsibilities and status or rank which may or may not involve 
25 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I 1  
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
reduction in salary: Provided, that such demotion shall require the consent of the 
officer or employee concerned. 
SEC. 89. 
Reclassification. - is the process of upgrading or downgrading a 
position without change of status and regardless of the qualifications of the holder of 
said position. 
SEC. 90. 
Personnel Movements NOT INVOLVING THE ISSUANCE OF 
APPOINTMENTS. - The issuance of an appointment is not needed in personnel 
movement involving no change in position title, rank or status if the existing 
appointment does not specify the work station. Such movement may include the 
following: 
(a) 
(b) 
Salary adjustment 
(c) 
Step-increment 
(d) 
Upgrading (same position) 
Notice of such adjustment or movement shall be submitted to the Commission 
change in item number only 
within thirty (30) days from issuance thereof. 
Except for secondment, the following personnel movements do not require the 
issuance of appointments but shall require office orders: 
(a) 
Reassignment - is a movement from one organizational unit to another 
in the same department or agency, without reduction in rank, status or 
salary of the employee. Reassignment from the official work station 
without the written consent of the employee shall not exceed one (1) year. 
Otherwise, the reassignment shall be illegal. 
Reassignment which results in demotion in rank, status or salary 
or which exceeds one year without the consent of the public officer or 
employee may be appealed to the Commission. Pending the appeal, 
reassignment of the officer or employee shall be held in abeyance until 
the decision of the Commission. 
Reassignment [of low-salaried empZoyees] shall not result in 
economic dislocation AND FOR CONSTRUCTIVE DISMISSAL. 
FOR THIS PURPOSE, CONSTRUCTIVE DISMISSAL SHALL 
MEAN TO EXIST WHEN THE REASSIGNMENT OF AN 
EMPLOYEE TO ANOTHER POST WILL RENDER HISlHER 
CONTINUED EMPLOYMENT AS UNTENABLE, HUMILIATING 
OR DEMEANING. 
(b) 
Detail - is the temporary movement of a public officer or employee from 
one department or agency to another without the issuance of an 
appointment but with the consent of both the mother and receiving 
agencies and shall be allowed only for a maximum period of one year; 
otherwise, the consent of the officer or employee concerned shall be 
necessary. Detail shall not result in reduction in rank, status or salary. 
26 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
Detail which results in demotion in rank, status or salary or which 
exceed s one year without the consent of the public officer or employee 
may be appealed to the Commission. Pending the appeal, detail of the 
officer or employee shall be held in abeyance until the decision of the 
Commission. 
The detailed employee shall carry hidher regular position in the 
mother agency and continue to receive hidher salary from the mother 
agency. 
Job Rotation - is the sequential movement of an officer or employee 
from one office to another or from one division to another within the same 
agency as a means for developing and enhancing the potentials of people 
in an organization by expqsing them to the other work functions of the 
agency. It shall be allowed only for a maximum period of [six (6) months] 
ONE (1) YEAR. HOWEVER, JOB ROTATION EXCEEDING ONE 
(1) YEAR MAY BE ALLOWED WITH THE WRITTEN CONSENT 
OF THE OFFICER OR EMPLOYEE. 
Secondrnent 
i s  a movement of an officer or employee from one 
department or agency to another upon mutual concurrence between the 
mother agency, the receiving agency and the employee concerned which 
should be covered by a Memorandum Of Agreement (MOA) in accordance 
with the guidelines that the Commission may promulgate. 
It is 
temporary in nature which may involve reduction or increase in 
compensation and may or may not require the issuance of an 
appointment. The seconded employee shall be on leave without pay from 
the mother agency and shall be entitled to the compensation of the 
position to which he/she was seconded in the receiving agency. Unless 
otherwise specified in the MOA, the receiving agency shall shoulder all 
the benefits and emoluments of the seconded employee. 
- 
Designation - is the imposition of additional duties to be performed by 
a public officer or employee which is temporary in nature and shall be 
allowed only for a maximum of one (1) year. The choice of who shall be 
the public officer or employee to be designated shall pass through regular 
Promotion and Selection Board (PSB) proceedings; Provided, that next-in- 
rank public officers or employees shall be GIVEN PREFERENCE FOR 
designat[ed]ION to the next higher position; Provided further, that [id 
there are no qualified next-in-rank public officers or employees in the 
agency who are willing and actually available who can regularly be 
appointed to the position. 
The employee designated shall be entitled to the benefits accruing 
to the position but shall continue to receive the salary of the position to 
which he/she holds an appointment. 
SEC. 91. 
Change of Status. - 
When a temporary officer or employee 
acquires the appropriate eligibility or becomes fully qualified to the position to which 
he/she is appointed, the status of such appointment shall be changed from temporary 
to permanent without issuing another appointment. However, such change shall be 
27 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
SO 
51 
52 
53 
reflected in the records of the Commission upon the notification by the agency 
concerned. 
Title 11 - Disputes Regarding Appointments and Other Personnel Actions 
Chapter One. 
Contest on Appointments and Other Non-Disciplinary Cases 
SEC. 92. 
Who May Contest An Appointment. - Any eligible qualified for 
the position may contest an appointment made in favor of one who is not qualified or 
whose appointment is issued not in accordance with law. 
SEC. 93. 
Adjudication of Contests on Appointments and Other 
Personnel Actions. - All contests on appointments and other personnel actions shall 
be adjudicated initially by the appointing authority, in accordance with the procedure 
prescribed by the Commission. 
SEC. 94. 
Appeals on Appointments and Other Personnel Actions. - 
The decisions of heads of agencies on contests on appointments and other personnel 
actions shall be appealable to the Commission. 
TITLE I11 - Agency Personnel Administration 
Chapter One. Inter-Agency Relations 
SEC. 95. 
The Central Personnel Agency. - 
The Commission, as the 
central personnel agency of the government, shall promulgate rules and regulations to 
govern personnel administration and management in the civil service system. 
SEC. 96. 
Responsibility for Personnel Administration. - The head of 
each department or agency shall be responsible for personnel administration in the 
office. 
Each department or agency shall establish a personnel office to be headed by a 
Human Resource Management Officer (HRMO) who shall be responsible for the 
effective implementation of personnel regulations and policies. 
Employee unions and organizations shall be consulted and represented in the 
development and implementation of the agency personnel mechanisms such as merit 
promotion plan, incentives and rewards program, performance appraisal system, 
incentives and rewards plan, training and development plan, grievance machinery, 
and occupational and health plan, in accordance with the rules and regulations 
promulgated by the Commission. 
SEC. 91. 
Council of Human Resource Management Officers. - There 
shall be a Council of Human Resource Management Officers (CHRMO) to be composed 
28 


I 
2 
3 
4 
5 
6 
I 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
of holders of the HRMO positions which shall elect from among its regular members a 
set of officers and promulgate its internal rules and procedures. 
The CHRMO [Council] shall have the following functions: 
(a) 
Offer advice, upon request of the Secretary of the department or the 
Commission, in developing constructive policies, standards, procedures, 
and programs as well as on matters relating to the improvement of 
personnel methods and to the solution of personnel problems confronting 
the various departments and agencies of the government; 
(b) 
Promote among the departments and agencies, through study and 
discussion, uniform and consistent interpretation and application of 
personnel policies; and 
Serve as a clearing house of information and simulate the use of methods 
of personnel management that will contribute most to good government. 
(c) 
SEC. 98. 
Appointment of Human Resource Management Officers in 
the Local Government Units. 
The local chief executive shall appoint Human 
Resource Management Officers from among the list of at least three (3) recommendees 
of the Commission. 
- 
Chapter Two. Local Government Personnel Administration 
SEC. 99. 
Responsibility 
for 
Local 
Government 
Personnel 
Administration. - Each local government unit shall establish a personnel office for 
the implementation of personnel regulations and policies in accordance with the 
provisions of this Code, the Local Government Code, and rules, policies, standards, 
guidelines and regulations promulgated by the Commission. 
SEC. 100. 
HRMO Positions in LGUs. - 
The position of HRMO shall be 
immediately mandatory for provincial and city governments, and first and second 
class municipalities. Third and fourth class municipalities shall create the HRMO 
position within three (3) years from the effectivity of this Code. While the fifth and 
sixth class municipalities shall create the same within five (5) years. 
Chapter Three. Position Classification and Compensation 
SEC. 101. 
Position Classification and Compensation System. - There 
shall be a Position Classification and Compensation System (PCCS) which shall be 
jointly prepared and administered by the Commission and the Department of Budget 
and Management. 
SEC. 102. 
Parts of the PCCS. - The PCCS shall have two parts: the 
Position Classification Plan and the Compensation Plan. 
The Position Classification Plan shall consist of the following: 
29 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
(a) 
(b) 
The Compensation Plan shall consist of the following: 
(a) 
Salary schedule; 
(b) 
(c) 
The occupational groups and classes to which positions are to be allocated 
or reallocated; and 
The rules and regulations for its implementation. 
Policies relative to allowances, bonuses, pension plan and other benefits 
accruing to public officers and employees in the civil service system; and 
The rules and regulations for its implementation. 
SEC. 103. 
Basis for Position Classification and Compensation. - The 
classification and compensation of positions in the civil service system shall be based 
on similarity of kind and level of work and the determination of the relative worth of 
these classes of positions. 
SEC. 104. Coverage of the PCCS. - The PCCS shall apply to all positions 
in the civil service system whether permanent or temporary, appointive or elective on 
full-time or part-time basis now existing or hereafter created. 
SEC. 105. Allocation and Compensation of Positions. - Each department 
or agency shall allocate positions in accordance with the rules and regulations issued 
jointly by the Commission and the Department of Budget and Management. Such 
allocations shall be binding on the administrative and auditing offices of the 
government. Any change in the position classification and compensation shall be 
included in the annual appropriations or budget of the department or agency only if it 
is in accordance with the PCCS mentioned in Section 103 hereof. 
Chapter 4. Personnel Inspection and Audit 
SEC. 106. 
Purpose. - The Commission shall conduct a periodic inspection 
and audit of the personnel management programs of each department and agency to: 
(a) 
Determine compliance with civil service law, rules and standards; 
(b) 
Review the exercise of delegated authority; 
(c) 
Evaluate the progress made and problems encountered in the 
implementation of the merit system; 
(d) 
Advise and provide assistance in the development of constructive policies, 
standards and procedures; and 
(e) 
Improve all areas of personnel management. 
SEC. 107. 
Scope. - The inspection and audit of the personnel management 
programs may include the following: 
(a) 
Organization and personnel management; 
(b) 
(c) 
(d) 
(e) 
Career and employee development; 
(0 Performance evaluation systems; 
Formulation, issuance and implementation of personnel policies; 
Recruitment and selection of employee; 
Personnel action and employment status; 
30 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
I L  
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
(g) 
(h) 
Employee relations and service; 
(i) 
Discipline; 
(j) 
Personnel records and reporting; 
(k) 
Program evaluation; and 
(1) 
Employee organization. 
Employee suggestions and incentive award; 
SEC. 108. 
Submission of Audit Reports. - The Commission shall regularly 
submit its audit reports to the units concerned, heads of departments, Office of the 
President and the Legislature. 
BOOK 111. HUMAN RESOURCE MANAGEMENT 
Title I - Human Resource Development 
Chapter One. Policy on Human Resource Development 
SEC. 109. 
Policy. 
- 
There shall be an integrated program on human 
resource development for all levels and ranks in the civil service system that shall 
provide equal opportunities for career development. 
The Commission shall provide leadership in the integration of all human 
resource development programs. All departments and agencies shall develop and 
implement human resource development plans and programs for their personnel to 
include among others, training and development, performance appraisal and 
incentives and awards in accordance with Commission policies and standards. 
Chapter Two. Training and Development 
SEC. 110. 
Training and Development System. - The Commission shall 
establish an Integrated Training and Development System (ITDS) for all levels and 
ranks. 
This shall include opportunities for training in skills enhancement and 
capability-building programs, local and foreign scholarships, and other educational 
opportunities. 
SEC. 111. 
Commission's 
Responsibilities 
for 
Training 
and 
Development. 
~ 
The Commission shall be responsible for the development, 
administration and evaluation of government-wide training programs on public 
personnel administration. 
The Commission shall issue the appropriate rules and regulations for the said 
training and development programs. 
SEC. 112. 
Responsibilities for Local and Foreign Scholarships. - The 
Commission shall have the responsibility to administer service-wide local and foreign 
scholarship programs. 
It shall also develop policies, standards, procedures and 
guidelines for the effective, efficient and equitable distribution of all scholarship 
grants. 
However, foreign scholarship grants which are part of the overseas 
development assistance (ODA) shall be administered by an Inter-agency Committee 
co-chaired by the Commission and the National Economic and Development Authority. 
31 


L 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
SEC. 113. 
Inter-Agency Scholarship Committee. 
- 
The inter-agency 
scholarship committee which shall be co-chaired by the Chairperson of the 
Commission and by the Director-General of the National Economic and Development 
Authority (NEDA) or their duly designated representatives shall have as members the 
heads of the following agencies or their duly designated representatives who hold 
positions not lower than that of assistant secretary or its equivalent: 
(a) 
Department of Foreign Affairs; 
(b) 
Department of Education; 
(c) 
University of the Philippines; 
(d) 
(e) 
The Committee Secretariat shall be based at the NEDA. 
Commission on Higher Education; and the 
Presidential Management Staff - Office of the President. 
SEC. 114. Agency Responsibilities for Training and Development. - 
Each department or agency shall be responsible for the development, implementation 
and evaluation of its training and development plan as well as its gender and 
development plan in accordance with the policies and standards promulgated by the 
Commission. 
To carry out these responsibilities, each agency shall establish its own 
Personnel Development Committee pursuant to the rules and regulations promulgated 
by the Commission. 
SEC. 115. 
Technical Assistance and Consultative Services. - 
The 
Commission shall provide technical assistance and consultative services to all 
departments and agencies in the development, administration and evaluation of their 
human resource development programs. 
The Commission may also avail of advisory assistance from its accredited 
training institutions, professional organizations, public sector unions, federations, 
confederations and non-government organizations (NGOs) in connection with its 
human resource development policies and programs. 
SEC. 116. 
Funding. 
~ 
Each department or agency with individual budget 
shall allocate an amount of not less than 5% thereof to be spent exclusively for its 
training and development programs and activities including conferences and 
conventions and submit periodic reports thereof to the Commission. 
Each agency shall likewise allocate 5% of its budget for gender and development 
activities and submit to the commission, periodic report on the utilization thereof. 
Chapter Three. Performance Appraisal 
SEC. 117. 
Performance Appraisal System. - 
The Commission shall 
establish a Performance Appraisal System (PAS) for all appointive public officers and 
32 


I 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
employees which shall be the basis for incentives, rewards and recognition, training 
and development, personnel actions, and administrative sanctions. 
SEC. 118. 
Performance Appraisal Plan. - 
Each department or agency 
shall develop and use one or more appropriate Performance Appraisal Plans (PAP) for 
the various groups of positions therein. 
All performance appraisal plans shall be submitted to the Commission for 
approval in accordance with its policies, standards and guidelines. 
Chapter 4. Incentives and Awards 
SEC. 119. 
Rewards System. - 
The Commission shall establish a rewards 
system. It shall include incentives, commendations and awards. The rewards system 
shall be granted individually or in groups, for outstanding performance, exemplary 
conduct on the job, inventions, ideas or suggestions, superior accomplishments and 
other extraordinary acts or services in the interest of the public. 
The Commission shall develop, implement and evaluate the rewards system in 
all levels and ranks. 
SEC. 120. 
Merit and Rewards Plan. - 
Each department or agency shall 
develop a merit and rewards plan appropriate for its officers and employees in 
accordance with policies and standards promulgated by the Commission. 
The plan shall first be submitted to the Commission for approval before it can 
be implemented. 
SEC. 121. 
Funding of the Rewards Plan. -The Commission and the 
Department of Budget and Management shall develop the funding scheme for the 
implementation of the rewards system. 
TITLE I1 - Personnel Relations in the Civil Service System 
Chapter One. Personnel Relations 
SEC. 122. 
Declaration of Policy. 
- 
The Commission shall provide 
leadership and assistance in developing personnel relations programs in the civil 
service system in consultation with public officers and employees andlor their 
organizations with their respective departments and agencies. 
The head of a department or agency shall be responsible for an effective 
personnel relations program in the department or agency. 
33 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 123. 
Grievance Machinery. - 
Each department or agency of the 
Government, with the assistance and approval of the Commission shall establish 
and administer a grievance machinery to promote wholesome and desirable relations 
among employees and between employees and management. 
Employees shall have the right to have their grievances adjudicated as 
expeditiously and as fairly as possible. 
A grievance may be filed by aggrieved employees or by the employee 
organization to which they belong in accordance with the guidelines issued by the 
Commission. 
SEC. 124. 
Right to Organize. - Government employees may form, join or 
assist employee organizations of their own choice for the furtherance and protection of 
their interests. 
Government employees may also form, in conjunction with 
appropriate government authorities, employee management committees, work councils 
and other forms of employee participation schemes. 
However, uniformed personnel of the Philippine National Police (PNP), Bureau 
of Fire Protection (BFP) and Bureau of Jail Management and Penology (BJMP), 
cannot form, join or assist rank-and-file employee organizations for purposes of 
collective negotiations. 
The third level employees and other employees whose functions are primarily 
employee organizations for 
managerial or confidential in nature cannot form or join 
purposes of collective negotiations. 
SEC. 125. 
Protection of the Right to Self-Organization. - Government 
employees shall not be discriminated against by reason of their membership in 
employee organizations or participation in the normal and legitimate activities of such 
organizations. Employment in the civil service system shall not be subject to the 
condition that the individual shall not form or join any employee's organizations. 
Management shall not interfere in the establishment and administration of 
government employee organizations. 
Chapter 2. Employee Organization 
SEC. 126. 
Registration of Rank-and-File Employee Organizations. 
- 
Rank-and-file employee organizations shall register with the Commission in 
accordance with the implementing guidelines promulgated by the Commission. 
SEC. 127. 
Sole and Exclusive Employee Organization. - The duly 
registered employee organization in an agency that has the support of the majority of 
the total rank-and-file employees, shall be accredited by the Commission as the sole 
and exclusive employee representative. In cases when there are two (2) or more 
registered employee organizations in an agency, the Commission, upon petition, shall 
conduct a certification election and shall certify the employee organization who 
34 


I 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
4s 
46 
47 
48 
49 
so 
51 
52 
53 
54 
garnered the majority vote as the sole and exclusive representative of the rank-and- 
file employees in the said agency. 
For this purpose, an agency shall refer to an office which has its own budgetary 
allocations as provided for in the General Appropriations Act, specifically its Table of 
Contents. 
SEC. 128.Accreditation of Employee Federation in An Agency. 
- 
Registered employee organizations within a given agency may federate and shall be 
accredited as the sole and exclusive bargaining representative of the employees; 
Provided, its aggregate total membership constitute the majority of the total rank-and- 
file employees in the agency. 
SEC. 129. 
Collective Negotiations. - Except those that are fixed by law, 
terms and conditions of employment in the government service may be the subject of 
collective negotiations between duly accredited employee organizations and the 
appropriate government authorities. 
Collective negotiations agreements shall be registered with the Commission. 
Chapter Three. Settlement of Disputes 
SEC. 130. 
Definition of terms. - For purposes of this Code, the following 
terms shall be defined as follows: 
Arbitration - refers to the process whereby a third party (individual 
arbitrator), a board of arbitrators, or an arbitration court not acting as a 
court, is empowered to make a decision which disposes of the dispute. 
(1) 
Voluntary - a method of settling disputek where both parties 
agree to submit the dispute before an arbitrator or panel of 
arbitrators chosen by both parties. The voluntary arbitrators shall 
render a decision after proper hearing of the issues. The decision 
of the arbitrator shall be final and binding on the contending 
parties. 
Compulsory - a method resorted to when the dispute has become 
hardened and irreconcilable and remains unresolved after 
exhausting all the available remedies under existing laws and 
procedures. 
(2) 
Conciliation - refers to the process whereby a third party (conciliator) 
brings the disputing parties together, encourages them to discuss their 
differences and assists them in developing their own proposed solutions. 
Mediation 
~ 
refers to the process whereby a third party (mediator) is 
more active in assisting the disputing parties reach acceptable solutions 
to the problem/s and help them develop or come out with an acceptable 
solution. 
The mediator may submit proposalls for the settlement of 
dispute. 
35 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I I  
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
so 
SI 
52 
53 
54 
SEC. 131. 
Settlement of Disputes Within An Agency. - Disputes within 
employee organizations, between and among employee organizations, and between 
employee organizations and management shall be settled through conciliation, 
mediation and arbitration. 
The Commission shall be responsible in providing 
conciliation and mediation services. 
In case any dispute remains unresolved, the 
Commission shall certify the same to the Public Sector Labor Management Council 
(PSLMC). 
However, the parties may opt to submit the issue for voluntary arbitration, the 
decision of which shall be final and unappealable. 
Chapter Four. Public Sector Labor-Management Council 
SEC. 132. 
Public Sector Labor-Management Council (PSLMC). - Public 
Sector Labor-Management Council (PSLMC) is hereby constituted to be composed of 
the following: 
(a) 
(b) 
(c) 
(d) 
Secretary of Justice -Member; 
(e) 
(0 
Chairperson, Civil Service Commission - Chairperson; 
Secretary, Department of Labor and Employment - Vice Chairperson 
Secretary, Department of Finance -Member; 
Secretary, Department of Budget and Management -Member; and 
One (1) employee representative each from the National Government 
Agencies (NGAs), the Government-owned and Controlled Corporations 
(GOCCs), the Local Government Units (LGUs), and the State Colleges 
and Universities (SUCs), to be chosen by the employee organizations 
concerned. 
The ex-officio members may designate permanent alternates who hold positions 
not lower than that of assistant secretary or its equivalent. 
The employee representatives may also designate their permanent alternates. 
The employee representatives shall serve for a term of two (2) years or until 
In no case, however, shall 
their successors shall have been appointed or elected. 
anyone of them serve under holdover capacity for more than one (1) year. 
The PSLMC may deputize public officers and employees of the Commission and 
of other departments and agencies to investigate and hear cases brought before it for 
arbitration. It may likewise deputize any national or local law enforcement agency or 
instrumentality of the government which shall act under its direct and immediate 
supervision, to enforce and execute its decisions, orders, and rulings. 
The PSLMC shall implement and administer the provisions of this Chapter. 
For this purpose, the PSLMC shall promulgate the necessary rules and regulations to 
implement this Chapter. 
SEC. 133. 
Original and Exclusive Jurisdiction of the PSLMC. - The 
PSLMC shall have original and exclusive jurisdiction to hear and decide the following 
cases: 
(a) 
Unfair labor practice; 
(b) 
Representation issue; 
36 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
Disputes arising in the course of the conduct of collective negotiations; 
Disputes on issues resulting from the implementation of the grievance 
machinery; 
Determination of the presence or absence of a strike; 
Inter-employee organization dispute; 
Intra-employee organization dispute; 
Employee organization election of officers; 
Disputes on issues resulting from the implementation of the provisions of 
Collective Negotiations Agreement; and 
Other analogous acts as may be determined by the PSLMC. 
These cases may be referred to the PSLMC by any of the parties to the dispute 
or the PSLMC may, motu proprio, take cognizance of the same whenever the interest 
of the service so demands. 
When the main issue of a particular case is the consequence of a strike or other 
concerted activities and the PSLMC has already assumed jurisdiction over the same, 
no administrative or disciplinary action shall be instituted by the agency concerned 
against any employee involved therein until the final resolution of the case. 
SEC. 134. 
Unfair Labor Practice. - The following shall constitute unfair 
labor practice on the part of the agency: 
Interfering with, restraining or coercing employees in the exercise of their 
right to self-organization; 
Requiring as a condition of employment that an employee shall not form 
or join an employee organization or shall withdraw from one to which 
hehhe belongs; 
Discriminating in regard to work schedules, places of assignment and 
other terms and conditions of employment in order to encourage or 
discourage membership in any employee organization; 
Terminating the services or discriminating against any employee for 
having signed or filed an affidavit, petition or complaint or given any 
information or testimony against the head of the agency or members of 
top management; 
Refusing to collectively negotiate 
in good faith with the accredited 
employee organization; 
Violating any of the provisions of the Collective Negotiation Agreement; 
and 
Other analogous acts as may be determined by the PSLMC 
The following shall constitute unfair labor practice on the part of the employee 
(a) 
Restraining or coercing any employee to form or join an employee 
organization or its activities. Employee organization shall have the right 
to prescribe its own rules on the acquisition or retention of membership; 
Causing or attempting to cause the agency head or other officers to 
discriminate against an employee who has not joined or has withdrawn 
membership from the employee organization; 
Refusing to collectively negotiate in good faith with the management; 
Violating any of the provisions of the Collective Negotiation Agreement; 
and 
Other analogous acts as may be determined by the PSLMC. 
organization: 
(b) 
(c) 
(d) 
(e) 
37 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
The heads of offices and the other officers of the agency as well as officers and 
members of an employee organization, who participate in or authorize an unfair labor 
practice shall be held administratively liable and shall be imposed a fine of not less 
than P10,000.00, or suspension not exceeding one year, or both for such participation 
or grant of authority without prejudice to civil and criminal liability. 
SEC. 135. Writ of Preliminary Injunction or Temporary Restraining 
Order. - The PSLMC may after notice and hearing issue a writ of preliminary 
injunction or temporary restraining order which shall not last for more than twenty 
(20) days from issuance thereof when, on the basis of the allegations in the petition, it 
is established that the acts complained of involving or arising from any employee- 
management dispute, if not restrained or performed immediately, may cause grave or 
irreparable injury to any party or render ineffectual any decision of the PSLMC in 
favor of such party. 
The PSLMC shall require the petitioner to post a bond and the writ of 
preliminary injunction or temporary restraining order shall become effective only upon 
the approval of the bond which shall answer for any damage that may be suffered by 
the party enjoined if it is finally determined that the petitioner is not entitled to the 
ancillary relief prayed for. 
SEC. 136. 
Grounds for Contempt. 
- The PSLMC may cite a person for 
(a) 
Disobedience or resistance to a lawful order, decision, ruling, summons or 
subpoena or any other issuance of the PSLMC; or 
(b) 
Unlawful interference with the proceedings of the PSLMC, improper 
conduct tending directly or indirectly to impede, obstruct, delay or 
hamper the implementation of any order, decision or ruling of the 
PSLMC. 
contempt on any of the following grounds: 
The person so cited for contempt whether direct or indirect shall be punished by 
a fine of not more than P1,OOO.OO for every act of contempt. Each day of defiance or 
disobedience or non-enforcement of any issuance of the PSLMC as mentioned shall 
constitute separate acts of contempt of the PSLMC. 
SEC. 137. 
PSLIMC Decision. - 
Decisions of the PSLMC are final and 
executory unless a motion for reconsideration is filed by the aggrieved party within 
fifteen (15) calendar days from receipt of the decision and only on the basis of palpable 
or patent errors. 
The PSLMC shall not entertain any second motion for 
reconsideration. 
Decisions of the PSLMC may be elevated to the Court of Appeals. 
Chapter Five. The Right to Strike 
SEC. 138.Rght to Engage in Strike. - The right of the duly accredited 
employee organization to strike, consistent with national interest and public service, 
shall be recognized and respected. Provided, the striking organization shall ensure an 
effective skeletal workforce whose movement and services shall not be hampered or 
38 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
I 1  
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
restricted as are necessary to guarantee the proper and adequate delivery of public 
service. 
In view of the peculiar character of public service and considering that public office is 
a public trust, the right of employees to strike may be allowed only as a last resort and 
subject to the limitations herein provided. 
SEC. 139.Who Can Strike. - Rank-and file employees of the agency where the 
accredited employee organization belongs may join the strike subject to the provisions 
of this code. Employees who join the strike shall not be entitled to payment of salary 
for the period that they are on strike. 
SEC. 140.Gouernment Employees Who Are Prohibited to Strike, - The 
following are not allowed to strike due to exigency in public service, public safety and 
national interest: 
(a) 
Defense and security services including officers and employees belonging 
to the Armed Forces of the Philippines (AFP), police, fire protection, jail 
management and those engaged in the custody of prisoners and 
detainees; 
Medical and allied services including doctors, nurses, medical therapists 
and paramedics; 
Public utility services such as power and water supply, transportation, 
air traffic controllers, radar and radio controllers, lighthouse keepers and 
harbor pilots; and 
(d) 
Others services to be determined by the Commission taking into 
consideration public service and national interest. 
(b) 
(c) 
SEC. 141.Grounds for Strike. - A strike may be declared on the following grounds: 
(a) 
(b) 
(c) 
Graft and corruption. 
Unfair labor practices committed by management as provided for in this 
Code; 
Mismanagement or abuse of the management of the agency; and 
SEC. 142.Notice of Dispute. - The existence of a dispute which may be the 
ground of an impending strike must first be brought to the Commission in the form of 
a notice of dispute for either conciliation and mediation or the parties may submit the 
same for voluntary arbitration. 
In either case, the notice of dispute must be in 
accordance with the requirements and procedures as may be prescribed by the 
Commission which shall settle the dispute within sixty (60) days from date of receipt 
of the said notice . 
In cases when the parties opt for voluntary arbitration, the 
agreement thereof shall be final and executory between the parties concerned. 
SEC. 143.Certification to the PSLMC. 
- In the event the dispute is not 
settled within the sixty (60)-day period prescribed in the preceding Section or in case 
of failure to arrive at a resolution of the dispute through conciliation or mediation, the 
Commission shall certify the dispute to the PSLMC for settlement and resolution. 
39 


1 
2 
3 
4 
5 
6 
1 
8 
9 
10 
I 1  
12 
13 
14 
1s 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
SEC. 144.Requirement of Strike Vote and Notice to Strike. - Immediately 
upon certification of the dispute to PSLMC as provided in the preceding section, the 
accredited employee organization may call a vote in order to declare a strike. The 
decision to declare a strike must be approved by a majority vote of the total rank-and- 
file employees of the agency where the duly accredited employee organization belongs. 
The same shall be obtained through secret ballot in a meeting called for the purpose. 
The duly accredited employee organization shall file with the PSLMC the results of 
the strike vote and the notice to strike, copy furnish the head of agency, at least thirty 
(30) days before the date of the intended strike and during the said 30-day period no 
strike shall be held. 
Only disputes or issues raised in the said notice shall be the 
subject of the strike. 
SEC. 145.Remedial Actions by the PSLMC. - When a dispute has been 
referred to the PSLMC, it shall exert all efforts to settle the same through various 
modes of dispute settlement in order to prevent the impending strike. 
When there is a strike in a government agency, which affects national interest 
or public service, the PSLMC may issue a return-to-work order and/or certify the 
same for compulsory arbitration. A return-to-work order shall have the effect of 
automatically stopping the strike. 
For this purpose, the contending parties are strictly enjoined to comply with 
such order as are issued by the PSLMC, under pain of disciplinary action. 
SEC. 146. 
Prohibited Activities. - 
No accredited employee organization may hold a strike more than once a 
year. 
No dispute which occurred prior to the notice to strike, which were not 
raised in the said notice, may be the subject of succeeding strikes. 
However, a dispute which occurred subsequent to the notice may be the 
subject of another strike provided that the same shall be subject to the 
one @)-year rule provided for in the preceding paragraph. 
No person engaged in the strike shall commit any act of violence, coercion 
or intimidation or obstruct the free ingress to or egress from the agency's 
premises for lawful purposes or obstruct public thoroughfares. 
No person shall obstruct, impede, or interfere with, by force, violence, 
coercion, threats, or intimidation any peaceful strike, or shall aid or abet 
such obstruction or interference. 
No employee organization may declare a strike without first having filed 
the notice required under Sec. 144 and the necessary strike vote first 
having been obtained and filed with the PSLMC. 
No employee organization may go on strike without ensuring and 
maintaining effective skeletal force. 
BOOK IV. 
PERSONNEL BENEFITS AND PRIVILEGES, 
DAYS AND HOURS OF WORK AND OFFICIAL RECORDS 
Title I - Personnel Benefits and Privileges 
Chapter One. Health and Other Services 
40 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
SEC. 147. 
Policy. 
- 
The health, welfare, safety and security of every 
personnel in the civil service system shall be the concern of government. Each 
department or agency shall make provisions OUT OF THEIR EXISTING 
BUDGETS for personnel health, welfare, medical, SPIRITUAL and counseling 
services and Ieave benefits and promote and develop occupational safety, sports and 
recreation programs and similar services. 
SEC. 148. 
Comprehensive 
Occupational 
Health 
Program. 
- 
A 
comprehensive occupational health program including medical, dental and other 
health services shall be established and maintained for all personnel in the civil 
service system. 
SEC. 149. 
Safety and Accident Prevention. - Each department or agency 
shall develop and maintain a continuing occupational safety and accident prevention 
program for its officers and employees. 
SEC. 150. Personnel Counseling. - 
Each department or agency shall 
provide personnel counseling services, including pre-retirement counseling. 
SEC. 151. 
Personnel Recreation. 
- 
Each department or agency shall 
provide facilities for sports and recreational activities and shall encourage voluntary 
participation of its officers and employees. 
SEC. _. 
HAZARD BENEFITS. - EACH DEPARTMENT OR AGENCY, 
IN 
ACCORDANCE 
WITH 
THE 
DEPARTMENT 
OF 
BUDGET 
AND 
MANAGEMENT (DBM) AND THE COMMISSION SHALL PROVIDE FOR 
HAZARD BENEFITS FOR THEIR PERSONNEL WHO WORK IN AREAS OR 
UNDERCONDITIONSTHATHAVEBEENDECLAREDTOBEHAZARDOUS 
TO HEALTH, SAFETY AND WELL BEING. 
Chapter Two. Leave Benefits 
SEC. 152. 
Entitlement to Leave Privileges. - Appointive personnel of the 
government, whether permanent, temporary, contractual or casual as well as elective 
officIAL[er]s who render the required number of office hours shall be entitled to an 
annual fifteen (15)-day vacation and fifteen (15)-day sick leave with full pay exclusive 
of Saturdays, Sundays, and public holidays. 
SEC. 153. Leave ofAbsence of Part-time Personnel. - Public ofhers and 
employees rendering service on a part-time basis are entitled to vacation and sick 
leave benefits proportionate to the number of hours they served. 
41 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
SEC. 154. 
Leave of Absence of Personnel on Rotation Basis. - Public 
officers and employees on rotation basis shall be entitled to vacation and sick leave 
corresponding to the length of service they rendered. 
SEC. 155. 
ForcedMandatory Vacation Leave. 
- 
All appointive and 
elective officers and employees of the government with ten (10) days or more vacation 
leave credits shall be required to go on MANDATORY vacation leave whether 
continuous or intermittent for a minimum of five (5) working days annually. 
SEC. 156. 
Accumulation and Commutation of Leave. - Vacation and 
sick leave shall be cumulative and commutative. 
Except for personnel covered by 
special laws, commutation of leave credits shall be exclusive of Saturdays, Sundays 
and holidays. 
Public officers and employees whose off-days do not fall on a Saturday or a 
Sunday shall have their leaves of absence computed exclusive of their off-days. 
SEC. _. 
ADDITIONAL 
NON-CUMULATIVE 
AND 
NON- 
COMMUTATIVE SICK LEAVE. - PUBLIC OFFICERS AND EMPLOmES 
COMMUTATIVE SICK 
LEAVE ANNUALLY WITH 
FULL PAY AND 
EXCLUSIVE OF SATURDAYS, SUNDAYS AND HOLIDAYS. 
PROVIDED, 
HOWEVER, THAT THIS ADDITIONAL BENEFIT SHALL ONLY BE AVAILED 
OF UPON EXHAUSTION OF THE REGULAR 15-DAY SICK LEAVE AND 15- 
DAY VACATION LEAVE ENTITLEMENT FOR THE YEAR. 
SHALL BE ENTITLED TO A 15-DAY NON-CUMULATIVE AND NON- 
SEC. 157. 
Rehabilitation Leave. 
- 
[Qualified] Public officers and 
employees are entitled to rehabilitation leave for illnesses and/or injuries which are 
job-related or which resulted from or was aggravated by the working environment. 
Such leave which should not exceed six (6) months shall be with full pay and benefits 
and shall not be charged against accumulated vacation or sick leave credits of the 
personnel 
concerned. 
The 
cost 
of 
initial 
medical 
expenses 
such 
as 
emergency/paramedic services and initial ambulance or transport services shall be 
borne by the agency of the officers and employees concerned. Substantive and long 
term medical expenses for therapeutic and rehabilitation purposes shall be borne by 
the Philippine Health Insurance Corporation; the Employee 
Compensation 
Commission (ECC) and the Government Service Insurance System (GSIS) as the case 
may be and whenever applicable. 
SEC. 158. Teachers' Leave. - Other than those designated for continuous 
duty and those covered by special charters, school teachers in government elementary 
and secondary schools shall be entitled to vacation pay. They shall be entitled to 
service credits for services rendered during the vacation period, including Saturdays, 
Sundays, and holidays, in accordance with the rules and regulations prescribed by the 
Commission. 
TEACHERS SHALL ALSO BE ENTITLED TO ANNUAL SEVEN (7) DAYS 
SICK 
LEAVE 
WHICH 
SHALL 
BE 
NON-CUMULATIVE AND 
NON- 
COMMUTATIVE. 
42 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 159. 
Leaue of Elective Officials. - 
All elective officials shall be 
entitled to leave credits granted to appointive OFFICERS and the cumulation and 
commutation of the money value thereof. 
SEC. 160. 
Leave Credits of Officers and Employees Covered by Special 
[Leave] Laws. - The leave credits of the following personnel are covered by special 
laws: 
(a) 
(b) 
Justices of the Supreme Court, Court of Appeals and Sandiganbayan; 
Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan 
Trial Courts, Court of Tax Appeals and Shari'a Circuit Court; and Shari'a 
District Court; 
[(c) 
The head of 
the Executive Department, heads 
of 
Departments, 
Undersecretaries;] 
(c) 
The Chairperson and Commissioners of the Constitutional Commissions; 
(d) 
Filipino personnel in the Foreign Service; and 
(e) 
Other personnel covered by special laws. 
SEC. 161. 
Maternity Leaue. 
- 
Women in the government service, of 
whatever civil and employment status and regardless of length of service shall, in 
addition to the vacation and sick leave granted them, be entitled to maternity leave of 
sixty (60) calendar days FOR NORMAL DELIVERY AND SEVENTY-EIGHT (78) 
DAYS FOR DELIVERY BY CAESARIAN SECTION WITH FULL PAY, subject to 
guidelines issued by the Commission. 
SEC. 162. 
Adoption Leave. - PUBLIC OFFICERS and employees who 
legally adopt a child below seven (7) years of age as of the date the child is placed with 
them shall be entitled to adoption leave in the manner herein provided: 
(a) 
Married INDIVIDUALS [couples who are both in government] shall be 
entitled to thirty (30) calendar days for the adoptive mother and seven (7) 
calendar days for the adoptive father. 
Solo parents of whatever gender or civil status shall be entitled to thirty 
(30) calendar days. 
(b) 
Availment of adoption leave shall commence from the date the child is placed 
with the adoptive parents which shall not be earlier than the date of the decree of 
adoption. Adoption leave shall be non-commutative and non-cumulative. 
SEC. 163. 
Parental Leave for Solo Parents. 
- 
In addition to leave 
privileges under existing laws, parental leave of not more than seven (7) working days 
every year until the child reaches the age of eighteen (18) years shall be granted to 
officers and employees who are solo parents and have rendered service of at least one 
(1) year. 
Parental leave shall be non-commutative and non-cumulative. 
43 


1 
2 
3 
4 
5 
6 
I 
8 
9 
IO 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 164. 
Paternity Leave. - A married man in the government service 
shall be entitled to paternity leave of seven (7) working days for the first four (4) 
deliveries OR MISCARRIAGES of his legitimate spouse with whom he is cohabiting. 
The paternity leave shall be non-cumulative and non-commutative. 
SEC. 165. Special Leaves. - Public officers and employees, except [teachers 
and] those covered by special [leave] laws, are entitled to special leaves[, to mark 
personal milestones and/or attend to filial and domestic responsibilities], not 
exceeding an aggregate of three (3) days A YEAR TO ATTEND TO PERSONAL, 
FILIAL AND DOMESTIC RESPONSIBILITIES SUCH AS BUT NOT LIMITED 
TO THE FOLLOWING, in accordance with the guidelines to be set by this 
Commission: 
PERSONAL MILESTONES SUCH AS BIRTHDAYS, WEDDING, 
WEDDING ANNIVERSARIES [celebrations] AND OTHER SIMILAR 
MILESTONES, 
INCLUDING BEREAVEMENT AND 
DEATH 
ANNIVERSARIES; 
Parental obligations such as school related activities, first communion; 
medical needs, among others;] 
OBLIGATIONS TO PARENTAL, FILIAL AND OTHER DOMISTIC 
EMERGENCIES AND 
RESPONSIBILITIES; AND 
[cover the 
personnel’s moral obligation toward hislher parents, spouse and siblings 
for their medical and social needs; 
domestic emergencies such as sudden urgent repairs needed at home, 
sudden absence of a yaya or maid, and the like; 
personal transactions to cover 
the entire range of transactions an 
individual does with government and private offices such as paying taxes, 
court appearances, arranging a housing loan, etc.; and] 
CALAMITY, ACCIDENT HOSPITALIZATION LEAVE PERTAIN 
TO FORCE MAJEURE EVENTS THAT AFFECT THE LIFE, LIMB, 
AND PROPERTY OF THE EMPLOYEE OR HIS IMMEDIATE 
FAMILY. 
Special leaves shall be non-commutative and non-cumulative. 
SEC. 166. 
Study Leave and Sabbatical Leave. - Qualified public officers 
and employees may be granted study and sabbatical leave, subject to the rules and 
regulations promulgated by the Commission. 
SEC. 167. 
Commutation and Monetization of 
Leave Credits. 
- 
Accumulated leave credits can either be commuted or monetized subject to the rules 
and regulations prescribed by the Commission. 
EACH AGENCY OF THE GOVERNMENT SHALL PROVIDE FOR THE 
COMMUTATION AND MONETIZATION OF LEAVE CREDITS IN THEIR 
BUDGET PROGRAM PROVIDED IT IS WITHIN THEIR APPROVED BUDGET 
LEVELICEILING. 
44 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
.25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
SEC. 168. 
Effect of Re-employment on Commuted Leave. - Public officers 
and employees whose leave credits have been commuted following their separation 
from the service and were thereafter reemployed can either refund the money 
equivalent of the unspent portion of the commuted leave credits. Otherwise, they have 
to start from zero balance. 
SEC. 169. 
Transfer of Leave Credits of Appointive Personnel and 
Elective Officials. - When appointive officers and employees transfer from one 
entity to another, they can have their accumulated vacation and/or sick leave credits 
commuted or transferred to their new office. 
The second option can only be exercised by the personnel concerned when there 
However, a gap of not more than one (1) month may be 
are no gaps in their service. 
allowed provided same is not due to the fault of the personnel concerned. 
The abovementioned options of commutation or transfer of accumulated leave 
credits can also be availed of by an elective officer assuming another elective post. 
However, these options are not applicable to the transfer of Armed Forces of the 
Philippines (AFP) uniformed personnel to civilian positions. 
SEC. 170. 
Prescriptive Period for Transfer of Leave Credits. - The 
option to transfer accumulated leave credits can be exercised within one (1) year only 
from the effective date of transfer of the appointive personnel to their new office, or to 
the assumption of the elective officers in their new post. 
SEC. 171, 
Leave Without Pay. - In no case shall leave without pay be 
granted in excess of one (1) year or if the public officer or employee concerned still has 
leave credits with pay. 
SEC. 172. 
Terminal Leave. - 
Terminal leave refers to the total 
accumulated leave credits of personnel, the money value of which shall be based not 
necessarily on the latest salary rate but on the highest salary rate received at any 
time during the period of employment in the government service. 
Chapter Three. Retirement Benefits 
Payment of Retirement Benefits on the Day of Retirement. - 
All personnel are entitled to receive their retirement benefits provided for under 
existing laws on the day of their retirement. The last agency-employer shall ensure 
that all the retirement documents are in order six (6) months prior to the retirement of 
the said personnel. All concerned agencies of the government shall render assistance 
in this regard. 
SEC. 173. 
NOTWITHSTANDING ANY LAW TO THE CONTRARY, OFFICERS AND 
EMPLOYEES OF THE GOVERNMENT WHO HOLD MORE THAN ONE 
REGULAR FULL-TIME OR PART-TIME APPOINTMENT AND WHO RETIRE 
FROM THE SERVICE SHALL BE ENTITLED TO NOT MORE THAN ONE (1) 
RETIREMENT PLAN. 
45 


1 
2 
3 
4 
5 
6 
1 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
2s 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
All public officers and employees with pending administrative disciplinary cases 
who FAILED TO RECEIVE THEIR RETIREMENT BENEFITS ON THE DAY 
OF RETIREMENT AS A RESULT THEREOF BUT were eventually exonerated or 
cleared therefrom shall be entitled to payment of retirement benefits immediately [a 
day] after the promulgation of the decision. 
SEC. 174. 
Rate of Interest for Delay in Payment. - Should the retiree, 
through no fault of hidher own, fail to receive the benefits on the day of retirement, 
the same shall earn interest at the prevailing LEGAL [commercial] rate. 
The retirement benefits of those who were eventually exonerated or cleared 
from administrative, disciplinary cases shall likewise earn interest at the prevailing 
LEGAL [commercial] rate computed from the date of retirement to the date of 
promulgation of the FINAL decision. 
IN CASE OF FORFEITURE OF RETIREMENT BENEFITS AS A 
RESULT OF ADMINISTRATIVE DISCIPLINARY CASE, THE GOVERNMENT 
SERVICE INSURANCE SYSTEM (GSIS) SHALL RETURN THE EMPLOYER'S 
CONTRIBUTION TO THE AGENCY CONCERNED WITH LEGAL INTEREST. 
SEC. 175. 
Liability for Delay. - Agencies or their officers and employees 
who caused the delay in the retiree's receipt of retirement benefits shall upon 
complaint of the retiree or the successor in interests, be liable for the payment of the 
interest mentioned in the immediately preceding Section. This is without prejudice to 
the filing of administrative and criminal cases against the personnel responsible for 
the said delay. 
Complaints against delays in the release of retirement benefits shall be filed 
with the Commission within one (1) year from the date of retirement. 
The Commission shall promulgate rules and mechanisms to enforce this 
provision. 
SEC. 
Title I1 - Official Records and Work Days and Hours 
Chapter One. Personnel Records Information System 
76. 
Policy. 
- 
AN IT-BASED government-wide personnel recor 
system shall be established, administered and maintained by the Commission. 
Each department or agency through its human resource management office, 
shall establish, manage and maintain personnel records, DATABASE and statistics of 
all its personnel. 
S~C.177. Records of Employment. - 
The Commission shall keep and 
maintain official records of all elective and appointive personnel regardless of their 
employment status. The Commission shall likewise maintain statistics on their 
employment, accession and separation. 
Chapter Two. Work Days and Hours 
46 


1 
2 
3 
4 
5 
6 
1 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
SEC. 178. 
Observance of Work Days and Hours AND WEARZNG OF IDS. 
- It shall be the duty of each head of agency to require. all its officers and employees to 
strictly observe the prescribed office hours and to wear identification cards, 
nameplates or the like bearing clearly and legibly their respective names and positions 
when dealing directly with the public in the performance of their respective duties or 
whenever they are within the premises of the office. When the head of agency allows 
government personnel to leave the office during office hours and not for official 
business or official time, the same shall be reflected in their time records and charged 
to their vacation leave credits. 
SEC. 179. 
Forty Hour Workweek Requirement. - 
Personnel of all 
departments and agencies except those covered by special laws shall render not less 
than forty (40) hours of work a week, exclusive of time for lunch. As a general rule, 
such hours shall be from eight (8) 0’ clock in the morning to twelve (12) o’clock noon 
and from one (1) o’clock to five (5) o’clock in the afternoon, all days except Saturdays, 
Sundays, and holidays. However, in the interest of the service, heads of agencies, 
particularly those with frontline services, shall adopt measures to ensure that 
continuous service is available even during the 12:OO noon to 1:00 p.m. period. 
In the exigency of the service, or when necessary by the nature of the work of a 
particular agency, the rescheduling or shifting of work schedule of a particular agency 
for a number of working days less than the required five (5) days may be allowed by 
the head of agency provided that government personnel render a total of forty (40) 
hours a week and provided further that the public is assured of continuous delivery of 
service from eight (8) in the morning to five (5) in the afternoon for the duration of the 
entire workweek. 
SEC. 180. 
Non-regular Working Hours. - A work schedule that deviates 
from that which is provided in Section 186 hereof or that which extends well into the 
night may also be allowed upon the discretion of the head of office, the need of the 
service, or the health and welfare of the personnel concerned; Provided, that the forty 
(40) hours workweek exclusive of meal time, will not be reduced. 
SEC. 181. 
Daily Record of Attendance. - Each head of department or 
agency shall require a daily record of attendance of all its officers and employees 
including those serving in the field or on board a vessel, to be kept on the proper form 
and, whenever possible, registered on the bundy clock or any mechanical, electrical, or 
electronic device. 
Service “in the field” or “on board a vessel” shall refer to service rendered 
outside the office which is the usual place of work. 
SEC. 182. 
Recording of Attendance by Senior Officers AND ELECTIVE 
OFFICIALS. - Agency heads, third level positions shall record times of arrival at and 
times of departure from official work stations. Absences from office shall likewise be 
properly recorded in the agency. 
Persons in the Teaching Service. - All persons in the teaching 
service, primary and secondary levels, are covered by the forty (40) hours work-week 
requirement and shall render not more than six (6) hours of teaching load every school 
day. 
SEC. 183. 
47 


I 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
SEC. 184. Compensation for Authorized Work Beyond Forty Hours. 
- 
When the interest of public service so requires, the daily hours of work for personnel 
may be extended by the head of the agency concerned, which extension shall be fixed 
in accordance with the nature of the work. Provided, that work in excess of forty (40) 
hours a week must be properly compensated by payment of overtime whenever funds 
are available for the purpose or through the grant of compensatory time or day/s-off or 
through the accumulation of leave credits. 
SEC. 185. Performance of Duties in Excess of Forty Hours of Those in 
Special Occupational Groups. - When the nature of duties to be performed or the 
interest of the public service so requires, the head of department or agency may 
require any or all of its officers and employees to work in excess of the forty (40) hours, 
on Saturdays, Sundays and public holidays, with either additional compensation or 
compensatory timeldays-off; or the accumulation of leave credits. 
SEC. 186. Flexible Working Hours. - 
Flexible working hours shall be 
enforced subject to the discretion of the head of agency. In no case shall the weekly 
working hours be reduced in the event the agency adopts the flexi-time schedule. In 
the adoption of flexi-time, core working hours shall be prescribed taking into 
consideration the needs of the service. 
SEC. 187. Compensatory Time or Day/. Off. - Grant of compensatory 
time or day/s off shall be allowed for overtime services rendered subject to the rules to 
be promulgated by the Commission. 
SEC. 188. FLEXI-PLACE. - 
PUBLIC OFFICERS AND EMPLOYEES 
MAY BE ALLOWED TO WORK AWAY FROM THEIR OFFICIAL WORK 
STATIONS SUBJECT TO THE DISCRETION OF THE HEAD OF AGENCY 
AND THE NATURE OF THE FUNCTIONS OF THEIR POSITIONS. 
THE 
COMMISSION SHALL ISSUE THE RULES AND REGULATIONS TO GOVERN 
THE ADOPTION OF FLEXI-WORK PLACE. 
IN NO CASE SHALL THE 
ADOPTION THEREOF AFFECT THE AVAILABILITY AND ACCESSIBILITY 
OF GOVERNMENT SERVICES. 
SEC. 189. Liabilities. - Falsification or irregularities in the keeping of time 
records will render the personnel concerned administratively liable without prejudice 
to criminal prosecution as the circumstances warrant. 
BOOK V. DISCIPLINE 
Title I -Administrative Discipline 
Chapter One. General Provisions 
48 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
2s 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
SEC. 190. 
Disciplinary Action. - No public officer or employee in the civil 
service system shall be disciplined, suspended or removed from office except for cause 
as provided for by law and after due process. 
The following shall be grounds for disciplinary action: 
(a) 
Dishonesty; 
(b) 
Neglect of duty; 
(c) 
Misconduct; 
(d) 
(e) 
Falsification of official documents; 
(f) 
Sexual Harassment; 
(g) 
(h) 
Final conviction of a crime involving moral turpitude; 
Engaging directly or indirectly in partisan political activities by one 
holding a non-political office; 
Receiving for personal use of a fee, gift or other valuable thing in the 
course of official duties or in connection therewith when such fee, gift or 
other valuable thing is given by any person in the hope or expectation of 
receiving a favor or better treatment than that accorded to other persons 
or for committing acts punishable under the anti-graft laws; 
Contracting loans from persons with whom the office of the employee has 
business relations; 
Nepotism; 
Oppression; 
Disgraceful or immoral conduct; 
Inefficiency and incompetence in the performance of official duties; 
Frequent unauthorized absences; 
Habitual tardiness; 
Loafing; 
Refusal to perform official duty or unjust refusal to render overtime 
service; 
Insubordination; 
Conduct prejudicial to the best interests of the service; 
Discourtesy in the course of official duties; 
Habitual drunkenness; 
Violation of reasonable office rules and regulations; 
Gambling prohibited by law; 
Pursuit of private business, vocation or profession in violation of civil 
service law, rules and regulations; 
Promoting ticket sales which are not intended for charitable or public 
welfare purposes; 
Improper or unauthorized solicitation of contributions; 
UNAUTHORIZED USE OF GOVERNMENT RESOURCES AND 
PROPERTIES; 
Unfair labor practice; 
Illegal strike; 
Unjustifiable delays in the payment of employee benefits; 
(ee) DIRECTLY 
OR 
INDIRECTLY 
HAVING 
FINANCIAL 
AND 
MATERIAL INTEREST 
IN ANY TRANSACTION REQUIRING 
THE APPROVAL OF THEIR OFFICE. 
FINANCIAL AND 
MATERIAL 
INTEREST IS 
DEFINED AS 
A 
PECUNIARY 
INTEREST BY WHICH A PERSON WILL GAIN OR LOSE 
SOMETHING; 
53 
(ff, 
OWNING, 
CONTROLLING, 
MANAGING 
OR 
ACCEPTING 
54 
EMPLOYMENT AS 
OFFICER, EMPLOYEE, 
CONSULTANT, 
49 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
1s 
19 
20 
21 
22 
23 
24 
25 
26 
21 
2s 
29 
30 
31 
32 
33 
34 
35 
36 
37 
3s 
39 
40 
41 
42 
43 
44 
4s 
46 
41 
48 
49 
50 
51 
52 
53 
54 
COUNSEL, BROKER, AGENT, TRUSTEE, OR NOMINEE IN ANY 
PRIVATE 
ENTERPRISE 
REGULATED, 
SUPERVISED 
OR 
LICENSED BY HIS OFFICE, UNLESS EXPRESSLY ALLOWED BY 
LAW, 
(gg) 
ENGAGING IN THE PRIVATE PRACTICE OF PROFESSION 
UNLESS AUTHORIZED BY THE CONSTITUTION, LAW OR 
REGULATION, PROVIDED THAT SUCH PRACTICE WILL NOT 
CONFLICT OR TEND TO CONFLICT WITH HISlHER OFFICIAL 
FUNCTIONS; 
(hh) 
RECOMMENDING ANY PERSON TO ANY POSITION IN A 
PRIVATE ENTERPRISE WHICH HAS A REGULAR OR PENDING 
OFFICIAL TRANSACTION WITH HISIHER OFFICE, UNLESS 
SUCH RECOMMENDATION OR REFERRAL IS MANDATED BY 
(1) 
LAW, 
OR 
(2) 
INTERNATIONAL 
AGREEMENTS, 
COMMITMENT AND OBLIGATION, OR AS PART OF THE 
FUNCTIONS OF HIS/HER OFFICE; 
DISCLOSING OR MISUSING CONFIDENTIAL OR CLASSIFIED 
INFORMATION OFFICIALLY KNOWN TO HIMIHER BY REASON 
OF HISIHER OFFICE AND NOT MADE AVAILABLE TO THE 
PUBLIC, TO FURTHER HISlHER PRIVATE INTERESTS OR 
GIVE UNDUE ADVANTAGE TO ANYONE OR TO PREJUDICE 
THE PUBLIC INTEREST; 
SOLICITING OR ACCEPTING, DIRECTLY OR INDIRECTLY, ANY 
GIFT, 
GRATUITY, 
FAVOR, 
ENTERTAINMENT, 
LOAN 
OR 
ANYTHING OF MONETARY VALUE WHICH IN THE COURSE OF 
HISlHER OFFICIAL DUTIES OR IN CONNECTION WITH ANY 
OPERATION BEING REGULATED BY, OR ANY TRANSACTION 
WHICH MAY BE AFFECTED BY THE FUNCTIONS OF HIS/HER 
OFFICE. 
THE PROPRIETY OR IMPROPRIETY OF THE 
FOREGOING SHALL BE 
DETERMINED BY ITS VALUE, 
KINSHIP 
OR 
RELATIONSHIP 
BETWEEN 
GIVER 
AND 
RECEIVER AND THE MOTIVATION. A THING O F  MONETARY 
VALUE IS ONE WHICH IS EVIDENTLY OR MANIFESTLY 
EXCESSIVE BY ITS VERY NATURE; 
OBTAINING OR USING ANY STATEMENT FILED UNDER R.A. 
6713 FOR ANY PURPOSE CONTRARY TO MORALS OR PUBLIC 
POLICY OR ANY COMMERCIAL PURPOSE OTHER THAN BY 
NEWS AND COMMUNICATIONS MEDIA FOR DISSEMINATION 
TO THE GENERAL PUBLIC; 
(ii) 
(jj) 
(Irk) 
(11) 
UNFAIR DISCRIMINATION IN RENDERING PUBLIC SERVICE 
DUE TO PARTY AFFILIATION OR PREFERENCE; 
(mm) DISLOYALTY TO THE REPUBLIC OF THE PHILIPPINES AND 
TO THE FILIPINO PEOPLE; 
(nn) FAILURE TO ACT PROMPTLY ON LETTERS AND REQUESTS 
WITHIN FIFTEEN (15) DAYS FROM RECEIPT, EXCEPT AS 
OTHERWISE 
PROVIDED 
IN 
R.A. 
6713 
AND 
IN 
ITS 
IMPLEMENTING RULES; 
50 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
(00) FAILURE TO PROCESS DOCUMENTS AND COMPLETE ACTION 
ON DOCUMENTS AND PAPERS WITHIN A REASONABLE TIME 
FROM PREPARATION THEREOF; 
(pp) 
FAILURE TO ATTEND TO ANYONE WHO WANTS TO AVAIL 
HIMSELF/HERSELF O F  THE SERVICES OF THE OFFICE OR TO 
ACT PROMPTLY AND EXPEDITIOUSLY ON PUBLIC PERSONAL 
TRANSACTIONS; 
(qq) 
FAILURE 
TO FILE 
SWORN STATEMENTS OF ASSETS, 
LIABILITIES AND NET WORTH, 
AND DISCLOSURE 
OF 
BUSINESS INTERESTS AND FINANCIAL CONNECTIONS; AND 
(rr) 
FAILURE TO RESIGN FROM HISlHER POSITION IN THE 
PRIVATE BUSINESS ENTERPRISE WITHIN THIRTY (30) DAYS 
FROM ASSUMPTION OF PUBLIC OFFICE WHEN CONFLICT OF 
INTEREST 
ARISES, 
AND/OR 
FAILURE 
TO 
DIVEST 
HIMSELF/HERSELF 
OF 
HISlHER 
SHAREHOLDINGS 
OR 
INTERESTS IN PRIVATE BUSINESS ENTERPRISE WITHIN 
SIXTY (60) DAYS FROM SUCH ASSUMPTION OF PUBLIC 
OFFICE WHEN CONFLICT OF INTEREST ARISES: PROVIDED, 
HOWEVER, THAT FOR THOSE WHO ARE ALREADY IN THE 
SERVICE AND A CONFLICT OF INTEREST ARISES, THE 
OFFICIAL OR EMPLOYEE MUST EITHER RESIGN OR DIVEST 
HIMSELF/HERSELF OF SAID 
INTERESTS WITHIN 
THE 
PERIODS HEREIN-ABOVE PROVIDED, RECKONED FROM THE 
DATE WHEN THE CONFLICT OF INTEREST HAD ARISEN; 
[Engaging in activities that aid, support, agitate, or espouse the overthrow 
of a duly constituted authority;] 
(ss) 
Engaging in or supporting acts of insurrection, rebellion, sedition, and 
other crimes against public order as defined in Title Three, Book Two of 
the Revised Penal Code and commission of crimes against national 
security and the law of nations as defined in Title One, Book Two, 
Chapters One, Two, and Three of the Revised Penal Code; and 
(tt) 
All other grounds for disciplinary action [provided or] AS may be 
provided for by law. 
Chapter Two. Disciplinary Jurisdiction 
SEC. 191. 
Orginul Jurisdiction. - The heads of departments, agencies, 
bureaus and instrumentalities of the national government, constitutional offices, the 
proper disciplining authority of state universities and colleges, government-owned and 
-controlled corporations with original charters or created under special laws, and local 
government units shall have original jurisdiction to investigate and decide disciplinary 
cases against their subordinate public officers and employees. 
51 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
4s 
46 
47 
48 
49 
50 
51 
52 
53 
54 
They shall also retain original jurisdiction over public officers and employees 
who are already separated from the service but who, while still in the service 
committed an offense. 
SEC. 192. 
Original Jurisdiction of Bureau or Department-wide, 
Regional Office Head. - The heads of bureaus or department-wide regional offices 
shall have disciplinary jurisdiction over offenses committed by their subordinate 
public officers and employees. 
SEC. 193. 
Original Jurisdiction of the Commission. - The Commission 
shall have exclusive administrative disciplinary jurisdiction over its public officers and 
employees. It shall have concurrent original disciplinary jurisdiction over public 
officers and employees of the departments, agencies, bureaus, state universities and 
colleges, government-owned and -controlled corporations with original charters or 
created under special laws, and local government units. 
IN DISCIPLINARY CASES WHERE AGENCIES HAVE ORIGINAL AND 
CONCURRENT JURISDICTION, THE 
AGENCY WHICH FIRST TAKE 
COGNIZANCE OF THE CASE SHALL EXCLUDE THE OTHERS. 
The Commission may, motu proprio, initiate the investigation and filing of 
administrative charges against public officers and employees who violate the 
provisions of this Code and other pertinent civil service laws, rules and regulations. 
For this purpose, the Commission shall conduct fact-finding investigations and require 
through the issuance of subpoena duces tecum and similar processes the production of 
[government] records necessary to resolve the case. 
Any person who impersonates another in civil service examinations, sells civil 
service application or examination forms, misrepresents material facts, or commit any 
other fraudulent acts which adversely affect the integrity of civil service examinations, 
but who at the time of the commission of any of the aforementioned acts is not 
employed in the government, shall likewise be under exclusive original jurisdiction of 
the Commission. 
Such person may be perpetually banned from taking government 
examinations and from entering the government service, without prejudice to criminal 
prosecution. 
Chapter Three. Procedure in Disciplinary Cases 
Commencement of Administrative Proceedings and Answer. 
SEC. 194. 
- 
(a) 
Administrative proceedings may be commenced motu proprio against a 
subordinate public officer or employee by the proper disciplining 
authority or head of department or agency or upon a sworn written 
complaint of any other person. The complaint shall be accompanied by 
sworn statements covering the charges and those of the witnesses 
together with documentary evidence, if any. 
On the basis of the sworn written complaint and supporting papers filed 
by any other person, the disciplining authority shall require the person 
complained of to explain why no administrative case should be filed. If 
the disciplining authority does not find a prima facie case, the complaint 
(h) 
52 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
SI 
52 
53 
54 
shall be dismissed, otherwise, a formal charge shall be issued in 
accordance with the provisions of this Code. 
The respondent shall be 
furnished with copies of the complaint, sworn statements and other 
documents submitted. 
In administrative proceedings initiated by the disciplining authority or 
head of a department or agency, the formal charge shall be issued only 
after the disciplining authority finds a prima facie case in accordance 
with the provisions of this Code OR WHEN THE DISCIPLINING 
AUTHORITY HAS PERSONALLY OBSERVED OR HAS DIRECT 
PERSONAL 
KNOWLEDGE 
OR 
ACTUALLY 
CAUGHT THE 
OFFENDER 
IN 
THE 
ACT 
OF 
COMMITTING 
THE 
ADMINISTRATIVE OFFENSE. 
(c) 
SEC. 195. 
Issuance of a Formal Charge. - The formal charge shall state 
the specifications of the offense and shall require the respondent to submit an answer 
in writing and under oath together with supporting sworn statements covering hidher 
defense and those of witnesses together with the documentary evidence, if any. The 
respondent shall be allowed at least seventy-two (72) hours but not more than five (5) 
days from receipt of the formal charge to submit an answer and the affidavits of the 
witnesses, if any, and shall be informed of hidher right to counsel and to indicate 
whether or not he/she elects a formal investigation. In cases when the respondent 
submits a request for clarification, a bill of particulars or a motion to dismiss which 
are obviously designed to delay the administrative proceedings, the same shall be 
considered as answer. 
SEC. 196. 
Formal Investigation. - 
If the respondent has elected a formal investigation, the disciplining 
authority or the duly authorized representative shall conduct the formal 
investigation with a notice issued within five (5) days from receipt of the 
answer. 
Complainant and respondent may avail themselves of the services of 
counsel and may require the attendance of witnesses by subpoena ad 
testificandum and the production of documentary evidence through the 
compulsory process of subpoena duces tecum. 
Even if the respondent does not request a formal investigation, such 
investigation shall be conducted when, on the basis of the allegations in 
the complaint and the answer of the respondent, including supporting 
documents, the merits of the case cannot be decided judiciously without 
conducting such investigation. 
The formal investigation shall be commenced not earlier than five (5) 
days nor later than ten (10) days from receipt of the respondent's answer. 
The investigation shall be conducted to ascertain the truth without 
strictly adhering to technical rules applicable to judicial proceedings. 
Hearings shall be continuously held and the investigation terminated, if 
possible, within ten (10) days from its commencement, especially for 
grave offenses, unless the period is extended by the disciplining authority 
in meritorious cases. 
53 


I 
2 
3 
4 
5 
6 
1 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
LL 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
(e) 
The direct evidence for the complainant and the respondent shall consist 
of the sworn statements and documents submitted in support of the 
complaint or answer, as the case may be, without prejudice to the 
presentation of 
additional evidence deemed necessary but was 
unavailable at the time of the filing of the complaint or answer, upon 
which cross-examination by the respondent and the complainant, 
respectively, shall be based. 
SEC. 197. 
Report of Investigation and Records of Case. - The hearing 
officer shall submit to the disciplining authority the report of investigation within ten 
(10) days from the termination of the investigation. The report shall contain the 
findings and recommendations together with the complete record of the case which 
shall be properly and securely bound, all pages numbered consecutively, and with a 
table of contents. 
SEC. 198. 
Decision. 
- 
The proper disciplining authority shall render a 
decision within the period and in the form and content as provided for in this Code. 
SEC. 199. 
Preventive Suspension. - Notwithstanding any provision of law 
to the contrary, the proper disciplining authority may preventively suspend a 
respondent formally charged with dishonesty, oppression, grave misconduct, gross 
neglect in the performance of duty, if there are reasons to believe that respondent is 
guilty of the charges which would warrant removal from office and that there is a 
great probability that the continuance in office of the respondent could influence the 
witnesses or pose a threat to the safety and integrity of the records and other evidence. 
In no case shall preventive suspension exceed ninety (90) days or last for the duration 
of the investigation, whichever is shorter. 
SEC. 200. 
Lifting of Preventive Suspension Pending Administrative 
Investigation. 
- 
When the administrative case against the respondent under 
preventive suspension is not decided by the disciplining authority within the period of 
ninety (90) days after the date of suspension, the respondent shall be automatically 
reinstated in the service; Provided, that when the delay in the disposition of the case 
is due to the fault, negligence or petition of the respondent, the period of delay shall 
not be included in computing the period of suspension herein provided. 
43 
SEC. 201. 
Implementing Regulations. - To ensure fair, expeditious and 
44 
effective disposition of administrative cases, the Commission shall promulgate and 
45 
prescribe uniform rules in the conduct of administrative investigations. 
46 
47 
48 
Chapter Four. Decision 
49 
50 
51 
SEC. 202. 
When to Render Decision. - The proper disciplining authority 
52 
exercising original jurisdiction and those exercising appellate jurisdiction shall render 
53 
their decisions within sixty (60) days from the date of the submission of the case for 
54 
decision. 
54 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
SO 
51 
52 
53 
SEC. 203. 
Form and Content of Decision. 
- 
The decision, properly 
designated as such and under the signature of the proper disciplining authority, shall 
contain the charge, the name of the respondent, the position and office of the 
respondent, a brief statement of the material and relevant facts, findings, offense 
committed and the penalty imposed. 
SEC. 204. 
Service of Decision. 
- 
(a) 
A copy of the decision shall be served on the complainant and the 
respondent through their respective counsel, if any, within five (5) days 
from its promulgation. 
Disciplining authorities shall furnish their superiors with a copy of the 
decision within five (5) days from the date of its promulgation. 
@) 
SEC. 205. 
(a) 
Finality of Decision. - 
Without prejudice to the power of review by the Commission, and its 
powers to decide cases on appeal as provided for in this Code, the 
decisions of the heads of departments, agencies, and instrumentalities of 
the National Government and the disciplining authority of state 
universities and colleges, government-owned and -controlled corporations 
with original charters or created under special laws, local government 
units shall be final and executory, if the penalty imposed is suspension of 
not more than thirty (30) working days or a fine of not more than thirty 
(30) working days' pay. 
Without prejudice to the power of review by the Commission and its 
powers to decide cases on appeal provided for in this Code, the decision of 
the head of the bureau or department-wide regional office shall be final 
and executory, if the penalty imposed is suspension of not more than 
thirty (30) working days or a fine of not more than thirty (30) working 
days' pay. 
The decision in a disciplinary case becomes final upon expiration of the 
period within which to file a motion for reconsideration and no such 
motion is filed. 
@) 
(c) 
SEC. 206. 
Execution of Decision. - 
(a) 
The decisions of heads of agencies and other disciplining authorities shall 
be immediately executory upon receipt of a copy thereof by the parties 
concerned, even pending appeal. 
Decisions of the disciplining authority in disciplinary cases shall be 
immediately executory unless a motion for reconsideration is seasonably 
filed, in which case the execution of the decisions shall be held in 
abeyance pending resolution of the motion. 
The filing and pendency of a petition for certiorari with the Supreme 
Court 
shall not stop the immediate execution of the decision of the 
Commission, unless the Court issues a restraining order or a writ of 
preliminary injunction. For this purpose, no other Courts can issue a 
@) 
(c) 
55 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
temporary restraining order or a writ of preliminary injunction against 
the Commission. 
Chapter Five. Administrative Penalties 
SEC. 207. 
Penalties That May Be Imposed. - Heads of departments and 
agencies and other disciplining authorities may impose the penalty of reprimand or 
censure, fine in an amount not exceeding six (6) months' salary, suspension without 
pay for not more than one (1) year, demotion in rank or pay, or dismissal from the 
service. 
SEC. 208. 
Imposition of Penalties. - 
In meting out punishment, the same penalties shall be imposed for 
similar offenses and only one (1) penalty shall be imposed in each case. 
In the imposition of these penalties, the disciplining authority shall take 
into consideration the circumstances which may either exonerate the 
respondent from any liability, mitigate or aggravate the offense. 
In the imposition of the proper penalties, the administrative offenses or 
causes for disciplinary action mentioned in this Code shall be categorized 
into light, less grave, and grave. 
The Commission shall promulgate rules and regulations on the 
classification of administrative offenses into light, less grave and grave 
and shall prescribe the corresponding principal and accessory penalties 
SUCH AS CANCELLATION OF ELIGIBILITY, FORFEITURE OF 
RETIREMENT 
BENEFITS, 
DISQUALIFICATION 
FROM 
EMPLOYMENT, 
REINSTATEMENT, 
REEMPLOYMENT, 
OR 
PROMOTION, AND BAR FROM TAKING CIVIL SERVICE 
EXAMINATIONS. 
SEC. 209. 
Effect of Administrative Penalties. - The penalty of dismissal 
shall result in the separation of the respondent from the service. Dismissal shall carry 
with it the cancellation of civil service eligibilities, forfeiture of retirement benefits, 
and disqualification from employment in the government whether appointive or 
elective and disqualification to run for any public office even if the case is pending on 
app e a1 . 
Although decisions imposing the penalty of dismissal are immediately 
executory, no permanent appointment pending appeal shall be issued to replace the 
dismissed employee. In the interest of the service, however, designation may be 
resorted to until the case is resolved with finality. 
The penalties of demotion, suspension and fine shall disqualify the respondent 
from receiving certain benefits or from promotion for a period based on the gravity of 
the penalty imposed in accordance with the rules prescribed by the Commission. 
56 


5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 210. 
Effect of Death on Pending Cases. - Pending disciplinary cases 
shall be deemed terminated upon the death of the respondent EXCEPT WHEN 
EXPRESSLY REQUESTED BY THE HEIRS OF THE RESPONDENT. [without 
prejudice to civil action that may be instituted by the government except when the 
proceedings have been concluded and the case is ready for decision, or when the 
administrative case involves misappropriation of public funds and property or other 
grave offenses. The same shall be decided for the sole purpose of determining whether 
the heirs of the respondent are entitled to monetary benefits arising out of his 
employment. 
SEC. 211. 
Effect of Exoneration and Other Penalties. 
- 
Upon 
exoneration, the respondent shall be restored to hidher former position without loss of 
seniority and other rights or to a comparable or equivalent position in case of 
reorganization. HeBhe shall also be entitled to payment of back salaries and other 
benefits for a period not exceeding five (5) years including the period of preventive 
suspension, IF ANY. 
Chapter Six. Administrative Remedies 
SEC. 212. 
Appeal. - 
Who May Appeal. Only the party adversely affected by the decision, may file 
an appeal. 
However, when there are very strong reasons, as determined by the 
Commission, to believe that the complainant is a victim of injustice, he/she may also 
be allowed to appeal to the Commission. 
Requirements for Appeal. - 
(a) 
Unless a motion for reconsideration as seasonably filed, the appeal shall 
be filed with the proper authority within fifteen (15) days from receipt of 
the decision, together with a notice of appeal to the disciplining authority 
who rendered the decision. 
The appeal shall state the appellant's date of receipt of the decision and 
the date of the resolution on the motion for reconsideration, if any, 
together with the grounds for appeal and the arguments in support 
thereof. 
(b) 
SEC. 213. 
(a) 
Where To Appeal. - The appellant may appeal to the following: 
In case of decisions rendered by heads of departments, agencies, state 
universities and colleges, provinces, cities and municipalities and 
instrumentalities of the national government and the disciplining 
authority of government-owned or -controlled corporations with original 
charters, where the penalty imposed is suspension of more than thirty 
(30) working days or a fine equivalent to more than thirty (30) working 
days' salary, the appeal shall be brought before the Commission; and 
In case of decisions of the head of bureaus or department-wide regional 
offices, the appeal shall initially be made to the department secretary and 
then to the Commission if the penalty imposed is suspension of more than 
thirty (30) working days or fine equivalent to more than thirty (30) 
working days' salary. 
(c) 
57 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
SEC. 214. 
Motion for Reconsideration. - A motion for reconsideration 
may be filed during the period for filing an appeal on the following grounds: 
(a) 
@) 
(c) 
Only one (1) motion for reconsideration shall be entertained. 
A motion for reconsideration shall suspend the running of the period for appeal. 
The motion for reconsideration shall be resolved within thirty (30) days from receipt 
thereof. 
Newly discovered evidence which could materially affect the decision 
rendered; 
The decision is not supported by the evidence on record; or 
Errors of law or irregularities have been committed prejudicial to the 
interest of either party. 
SEC. 
215. 
Remand of Cases Due to Lack of Due Process. - If the case on 
appeal with the Commission is remanded to the proper disciplining authority for 
further investigation due to lack of due process, the said disciplining authority shall 
finish the investigation within three (3) calendar months from the date of receipt of 
the records from the Commission, unless the investigation is delayed due to the fault, 
negligence or petition of the respondent, or an extension is granted by the Commission 
in meritorious cases. The period of delay shall not be included in the computation of 
the prescribed period. 
Within fifteen (15) days from the termination of the investigation, the 
disciplining authority shall render its decision. If at the end of said period, the 
disciplining authority fails to decide the case, the Commission shall vacate and set 
aside the appealed decision and declare the respondent exonerated of the charge. If 
the respondent is under preventive suspension, helshe shall be immediately reinstated 
and shall be entitled to back salaries and other benefits. 
SEC. 
216. 
Petition for Review. - Pursuant to this Code, the Commission 
may review decisions rendered by its regional offices and other disciplining authorities 
dismissing a complaint for lack of a prima facie case, subject to rules and regulations 
the Commission may prescribe. 
SEC. 217. 
Removul of Administrative Penalties or Disabilities. - Upon 
recommendation of the Commission, the President may commute or remove 
administrative penalties or disabilities imposed upon public officers or employees in 
disciplinary cases, subject to such terms and conditions as heishe may impose in the 
interest of the skrvice. 
Title I1 - Prohibitions 
Chapter One. Limitation on Appointments 
SEC. 218. 
Appointment of Elective Officers. - Except as provided for in 
the Constitution, no elective officer shall be eligible for appointment or designation in 
any capacity to any public office or position during his I her tenure. 
58 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
l l  
12 
13 
14 
1s 
16 
17 
I8 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
5 1  
52 
53 
54 
SEC. 219. 
Candidate Who Lost in an Election. - No candidate who lost in 
any election shall, within one (1) year after such election, be appointed in any capacity 
to any office in the government or any state university and college, government-owned 
and -controlled corporations with original charters or created under special laws, local 
government units. 
Neither can they be hired within the same period as consultants 
or under contracts of servicedjob orders in said entities. 
SEC. 220. 
Resignation Before Election. - A person who resigned from the 
service within three (3) months before any election and [directly or indirectly] engaged 
in any political activity shall not be eligible for REEMPLOYMENT [reappointment or 
reinstatement] in the government during the six (6)-month period following such 
election. 
SEC. 221. 
Prohibition Against Holding Another Office or Employment. 
- Unless otherwise allowed by law or by the primary functions of the position, no 
appointive officer shall hold any other office or employment in the government or any 
subdivision, agency or instrumentality thereof, state universities and colleges, 
government-owned and -controlled corporations with original charters or created 
under special laws, AND local government units [, including entities and corporations 
sequestered by the government]. 
SEC. 222. 
Prohibition During Election Period. 
- 
No appointment, 
whether original, transfer, reemployment, reappointment, renewal, promotion and 
demotion, regardless of status, except in the case of reinstatement, shall be issued 
ninety (90) days before any national or local election except barangay and 
sangguniang kabataan elections and until the assumption of the newly-elected or 
reelected appointing officer. No consultancy, job order or contract of service shall also 
be entered into during the said period. However, in the exigency of the service and 
subject to the authority by the Commission, the appointing authority may issue 
appointments after the election and until the assumption of the newly elected or 
reelected appointing officer provided the following concur: 
(a) 
(b) 
(c) 
The appointee is qualified; 
(d) 
The appointment has gone through the usual requirements like 
publication, regular screening by the Personnel Selection Board and 
concurrence by the Sanggunian, as the case may be. 
A vacancy occurred during the prohibited period; 
There is need to fill up the vacancy immediately in order not to prejudice 
public service andlor endanger public safety; 
All 
appointments issued before the prohibited period shall take effect 
immediately, notwithstanding any provisions in the appointment to the contrary and 
the appointee shall assume the position within thirty (30) days from issuance thereof. 
Failure of the appointee to assume the position within said period shall make the 
appointment ineffective. 
SEC. 223.Prohibition Against Appointments by an Outgoing Appointing 
Authority. - 
No appointment in national OR LOCAL agencies, state universities 
and colleges, government-owned and -controlled corporations with original charters or 
created under special laws shall be made by any outgoing appointing authority within 
three (3) months before the end of hidher term of office or retirement. This 
59 


I 
2 
3 
4 
prohibition shall also apply to outgoing appointing authorities who have previously 
manifested their intention to resign from office. In which case, the prohibition shall 
commence from the date of formal manifestation to resign but shall not be more than 
three (3) months from the effective date of resignation. 
r 
J 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
However, in the exigency of the service, interim appointments may be issued 
which shall not exceed three (3) months from the time the appointing authority ceases 
to hold office. 
This prohibition shall embrace all kinds of appointments whether original, 
transfer, reemployment, reappointment, renewal, casual, contractual promotion, or 
demotion, regardless of status. 
S~c.224.Prohibition Against Appointment Of A Person Who Is a 
Permanent Resident Or Immigrant Of A Foreign Country Or A Green Card 
Holder. 
- 
NO APPOINTMENT IN NATIONAL AGENCIES, STATE 
CONTROLLED CORPORATION, AND LOCAL GOVERNMENT UNITS SHALL 
BE ISSUED TO A PERSON WHO IS A PERMANENT RESIDENT OR 
IMMIGRANT OF A FOREIGN COUNTRY, UNLESS IT IS SHOWN BY CLEAR 
EVIDENCE THAT HElSHE HAS MADE AN IRREVOCABLE WAIVER OF 
HISlHER STATUS AS A PERMANENT RESIDENT OR IMMIGRANT OF A 
FOREIGN COUNTRY BEFORE SUCH APPOINTMENT. 
UNIVERSITIES 
AND 
COLLEGES, 
GOVERNMENT-OWNED 
OR 
NO APPOINTMENT SHALL LIKEWISE BE ISSUED TO A GREEN 
CARD HOLDER UNLESS IT IS SHOWN BY CLEAR EVIDENCE THAT 
HEISHE HAS MADE AN IRREVOCABLE WAIVER O F  THAT STATUS OR 
THAT HElSHE HAS SURRENDERED HIS GREEN CARD TO THE 
APPROPRIATE U.S. AUTHORITIES. 
SEC. 225. 
PROHIBITION 
AGAINST 
Supervision 
by 
Non-career 
personnel. 
- 
Subject to the rules to be promulgated by the Commission, no 
consultant, contractual or non-career personnel shall be designated to any position 
exercising control and supervision over regular and career personnel in the 
government. 
SEC. 226. 
PROHIBITION 
AGAINST 
ContractING 
of 
REGULAR 
FUNCTIONS IService]. - [Aperson neither shall issued a contract of service shall not 
discharge duties pertaining to a career or non-career service position or and neither 
shall an institution perform any of the regular function of the contracting agency. TJ 
PROVIDED, HOWEVER, THAT the agency may[, however,] enter into a contract of 
service to undertake NON-REGULAR FUNCTIONS [a lump sum work] or 
SUPPORT services for the government for a specific period where no employer- 
employee relationship exists between the individual or the institution and the 
government SUBJECT TO THE RULES AND REGULATIONS PROMULGATED 
BY THE COMMISSION. 
SEC. 227. 
Ecclesiastic. - No priest, preacher, minister, or other religious 
teacher, or dignitary as such, shall be employed in the civil service system except 
when such priest, preacher, minister, or dignitary is assigned to the Armed Forces of 
60 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
the Philippines, the Philippine National Police or to any penal or correctional 
institution, or any government orphanage or leprosarium. 
Nepotism. . The act of issuing an appointment in the national, or 
in any branch or instrumentality thereof, or in state universities and colleges, 
government-owned and -controlled corporations with original charters or created 
under special laws, local government units to a person who is related within the third 
(3rd) civil degree of consanguinity or affinity to the appointing or recommending 
authority, the chief of bureau or office, or of the person exercising immediate 
supervision over him/her, is hereby prohibited. 
SEC. 228. 
The filling-up of the following positions is exempt from the operation of the law 
(a) 
Primarily confidential; 
(b) 
HIGHLY TECHNICAL; 
(d) 
Teacher and professorial staff. 
[(e) 
Physician; and 
(f) 
Scientist.] 
The term ‘teacher’ shall 
and rules on nepotism: 
(c) 
POLICY-DETERMINING; AND 
refer only to those actually performing classroom 
instruction in both public elementary and secondary schools. ‘Professorial staff shall 
denote members of the faculty INCLUDING INSTRUCTORS of state universities or 
colleges primarily engaged in academic activities such as teaching in the tertiary level, 
research and curriculum development, among others. The designation of professorial 
staff to non-professorialhon-academic positions shall not be covered by this 
exemption. 
The restrictions mentioned in this Section shall not be applicable to a member 
of any family, who, after appointment to any position in an office or bureau, contracts 
marriage with another employee in the same office or bureau, or those who were 
affected by reorganization in which event the employment or retention therein of both 
husband and wife may be allowed. 
The prohibition shall not also apply in case of promotion if the person to be 
promoted occupies a career and next-in-rank position, or to those devolved to local 
government units or who were affected by reorganization or to any member of a 
personnel selection board. 
Chapter Two. Other Prohibitions 
SEC. 229. 
Political Activity. - No public officer or employee in the civil 
service system holding a non-political position shall engage, directly or indirectly, in 
any electioneering or partisan political campaign or take part in any election except to 
vote, nor shall use official authority or influence to coerce the political activity of any 
person or body. 
Nothing herein provided shall be understood to prevent any public 
officer or employee from expressing views on current political problems or issues, or 
from mentioning the names of candidates for public office whom helshe supports; 
Provided, that public officers and employees holding political offices may take part in 
political and electoral activities but it shall be unlawful for them to solicit 
contributions from, or subject their subordinates to commit any of the prohibited acts 
under the Election Code. 
61 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
In this regard, membership in any political party shall be considered as 
engaging in partisan political activity. 
SEC. 230. 
Appointment of Military Personnel in the Civil Service 
System. - It shall be unlawful for any member of AFP in the active service to be 
appointed or designated in any capacity to any civilian position in the government, 
state universities and colleges, government-owned and -controlled corporations with 
original charters or created under special laws, local government units. 
SEC. 231. 
Additional or Double Compensation. 
- 
No elective or 
appointive public officer or employee shall receive additional, double, or indirect 
compensation, unless specifically authorized by law, nor accept any present, 
emolument, office, or title of any kind from any foreign government unless allowed by 
law. 
Pensions, gratuities or honoraria shall not be considered as additional, double 
or indirect compensation. 
SEC. 232. 
Detail or Reassignment. - Except when the exigencies of the 
service require, no public officer or employee of the government shall be detailed or 
reassigned three (3) months before any local or national election. 
SEC. 233. 
Courtesy Resignation. - 
It shall be unlawful for any public 
officer, elective or appointive, to require public officers and employees within hislher 
jurisdiction to submit courtesy resignations for whatever reason or purpose. 
SEC. 234. 
Appointment and/or Transfer of Officers and Employees of 
Oversight Agencies. Unless allowed by the Commission in meritorious cases, heads 
of oversight agencies and their staff are prohibited from transferring or being 
appointed to any 
position in the department/agency/office/local government unit 
which hidher unit is assigned or designated to oversee within one (1) year after 
termination of such assignment or designation. 
BOOK VI. MISCELLANEOUS PROVISIONS 
Title I - Termination of Employment 
Chapter One. Modes of Termination 
SEC. 235. 
Modes of Termination OF EMPLOYMENT. - The following are 
modes of terminating employment in the government; 
(a) 
Resignation - A public officer or employee shall be considered separated 
from the service effective on the date of acceptance of the resignation by 
the officer authorized to do so OR THIRTY (30) DAYS FROM THE 
SUBMISSION THEREOF. 
62 


I 
2 
3 
4 
5 
6 
I 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
Candidacy - An appointive public officer or employee shall be ipso facto 
separated from the service on the date of filing of the certificate of 
candidacy for an elective position. 
Death - Upon proof of death, the public officer or employee shall 
automatically be recorded as separated from the service. 
Permanent Disability - In case of permanent disability which shall 
render the public officer or employee incapable of performing the official 
duties, the department or agency head may terminate such public officer 
or employee. 
Expiration of Period of Employment - The services of a public officer 
or employee appointed for a fixed period, or for a specific project or whose 
appointment ARE [is] coterminous with the appointing officer shall be 
terminated upon the expiration of the period of employment, completion 
of the project, or at the end of the term of the appointing officer, unless 
otherwise earlier validly separated. 
Dropped from the Service - A public officer or employee who goes on 
leave without proper authority or fails to return to duty after the 
expiration of the authorized leave, without valid reasons, and for other 
grounds under existing rules, shall be dropped from the service in 
accordance with the regulations promulgated by the Commission. 
Conviction - The services of the public officer and employee shall be 
considered terminated upon conviction by final judgment of a crime 
where the penalty carries with it the accessory penalty of perpetual or 
temporary absolute or special disqualification to hold public office. 
Retirement - Any public officer or employee who reaches the compulsory 
retirement age and meets the service requirement shall be retired under 
the provisions of the Retirement Law, unless hidher services ARE [is] 
extended by the Commission in accordance with its rules and regulations. 
Optional retirement pursuant to law likewise terminates official 
relations. 
Expiration of Temporary Appointment - The services of a public 
officer or employee with temporary appointment shall automatically be 
terminated upon the expiration of the appointment. 
Disapproval of Appointment - The services of a public officer or 
employee ARE [is] considered terminated upon the final disapproval of 
the appointment by the Commission. 
SEC. 236. 
Reduction in Force. - The head of a department or agency may 
reduce its staff due to lack of work or funds or due to a change in the scope or nature of 
an agency's program, or as a result of reorganization, subject to the rules and 
regulations which the Commission shall prescribe. 
Title I1 - SANCTIONS AND LIABILITIES 
63 


1 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
4s 
46 
47 
48 
49 
50 
51 
52 
53 
CHAPTER One. LIABILITIES 
SEC. 237. 
Liability of Appointing Authority. - No person employed in the 
civil service system in willful violation of this Code shall be entitled to receive pay 
from the government. The appointing authority responsible for such unlawful 
employment shall be personally liable for the pay that would have accrued had the 
employment been lawful. 
LIKEWISE, THE COMMISSION OFFICIALS OR 
EMPLOYEES WHO CAUSED THE APPROVAL OF SUCH UNLAWFUL 
EMPLOYMENT AND WAS PROVEN TO HAVE CONNIVED OR CONSPIRED 
WITH THE APPOINTING AUTHORITY SHALL BE PERSONALLY LIABLE 
FOR THE PAY THAT WOULD HAVE ACCRUED THEREOF HAD THE 
EMPLOYMENT BEEN LAWFUL. 
THE DISBURSING PUBLIC OFFICERS SHALL MAKE PAYMENT TO 
THE EMPLOYEES OF SUCH AMOUNT FROM THE SALARY OF THE 
PUBLIC OFFICERS OR EMPLOYEES SO LIABLE. 
SEC. 238. 
Liability of Disbursing Public officers. 
- 
Except as may 
otherwise be provided by law, it shall be unlawful for a treasurer or other fiscal public 
officer or employee to deduct any amount for contributions or payment of obligations 
other than those due to the government or its instrumentalities. 
SEC. 239. 
Criminal Liability. 
- 
Whoever makes any appointment or 
employs any person in willful violation of any provision of this Code or the rules and 
regulations issued thereunder; or whoever commits fraud, deceit or intentional 
misrepresentation of material facts concerning any civil service matter; or whoever 
violates, refuses or neglects to comply with any final decision or order of the 
Commission, shall, upon conviction, be punished by a fine not exceeding Ten Thousand 
Pesos (Pl0,OOO.OO) or by imprisonment of not less than three (3) years nor more than 
five (5) years or both at the discretion of the court. 
The same penalty of fine or imprisonment or both as provided above and 
permanent disqualification from holding public office shall be imposed upon any 
appointing authority who willfully violates any of the provisions of this Code including 
failure to abide by the rules promulgated by the Commission or to implement a 
Commission reappointment order. 
Title I11 - Fees and Authority to Administer Oaths 
Chapter One COLLECTION OF Fees 
SEC. 240. 
Authority to Collect Fees. - The Commission may collect and 
charge fees for civil service examinations, certification of civil service ratings, service 
records, appeals in disciplinary and non-disciplinary cases, training courses, seminars 
and workshops in personnel management, and for services rendered on other civil 
service matters. For this purpose, the Commission shall prescribe standard and 
reasonable rates for such examination, certifications, training courses, seminars and 
workshops and other activities or services, the fees for which are not provided by law 
44 


I 
2 
scholars. 
or regulation. No fees shall be collected in examinations given for the selection of 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
Chapter Two. Authority of Public Officers to Administer Oaths, 
Take Testimony, and Prosecute Cases in Court 
SEC. 241. 
Who May Administer Oaths. - The Chairperson and Members 
of the Commission, public officers occupying third level positions and other public 
officers and employees of the Commission and other departments or agencies 
designated in writing by the Chairperson, may administer oaths as may be necessary 
in a transaction of an official business and take a testimony in connection with any 
authorized investigation. 
Title IV - Fiscal Autonomy and Use of Appropriations and Income 
Chapter One. Fiscal Autonomy 
SEC. 242. 
Fiscal Autonomy. - The Commission shall enjoy fiscal autonomy. 
It shall determine the amount of its annual budget requirements for its operating 
expenses, and capital outlays which shall be proposed to Congress in accordance with 
existing budget laws. Its approved annual appropriations shall be automatically and 
regularly released in full. 
The Commission shall have the flexibility to utilize its appropriations, and its 
income, for operating and capital expenses, acquisition, supplies, repairs and 
maintenance of office equipment and facilities subject to the provision of law. 
Chapter Two. Authority to Use Appropriations and Income 
SEC. 243. 
Authority to Use Appropriations and Income. 
- 
The 
Commission is hereby authorized to use such sums appropriated in the annual 
appropriations act, including all balances of existing certifications, to accounts payable 
of prior years which have not yet been reverted to unappropriated surplus, within a 
period of two (2) years, as are necessary to carry out the provisions of this Code. The 
Commission is also authorized to augment any item in its appropriations from savings 
actually released for any official purpose at its discretion. 
The Commission is further authorized to directly use its income derived from 
fees, cost for services it may assess and levy, and such other proceeds generated in the 
performance of its functions for its operating expenses, for personnel and 
organizational development as well as acquisition, repair and maintenance of office 
equipment, facilities and supplies. 
Title V - Transitory Provisions 
SEC. 244. 
Abolished Offices. 
- 
A11 Commission pubIic officers and 
employees whose offices are abolished by virtue of the provisions of this Code shall be 
65 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
absorbed in the central, regional and field offices of the Commission with no 
diminution of status, rank and salary. 
SEC. 245. 
Vested Rights. - 
Except as otherwise provided in this Code, 
rights vested or acquired under the provisions of the Civil Service Law, rules and 
regulations and any other Act prior to the effectivity of this Code shall be respected. 
Title VI - Final Provisions 
SEC. 246.Funding. - Funds needed to carry out the provisions of this Code 
shall be taken from funds available in the Commission or in the absence or 
insufficiency thereof, from any lump sum appropriations to be included in the annual 
General Appropriations Act. The appropriation shall cover the operating expenses of 
the Commission including the salaries, allowances and other emoluments of all its 
public officers and employees in its central, regional and field offices and for its 
projects and activities, subject to the accounting of such expenditures. 
SEC. 241. 
Implementing Rules and Regulations. - 
The Commission 
shall promulgate rules and regulations and set guidelines and standards to implement 
the provisions of this Code which shall become effective thirty (30) days after its 
publication in a national newspaper of general circulation. 
SEC. 248. Repealing Clause. - Republic Act No. 2260, Republic Act No. 
6040, Presidential Decree No. 807, Presidential Decree No. 1, Presidential Decree No. 
1409, Executive Order No. 135, series of 1987, Executive Order No. 180 and Book V, 
Title 1, Subtitle A on the Civil Service Commission of Executive Order No. 292, series 
of 1987, and Section 2 of RA 6758 are hereby repealed. 
Section 24 of RA 6770, 
Sections 77, 79 and 85 of RA 7160, Section 1 of RA 8190 and Section 21 of RA 8551, 
are hereby amended or modified accordingly; and all laws, decrees, orders, circulars, 
rules and regulations or any part thereof which are contrary to or inconsistent with 
any provision of this Code are hereby repealed or modified accordingly. 
SEC. 249. Supplementa.1 Applications. - The Rules of Court shall have 
supplemental application to this Code. 
SEC. 250. 
Separability. - If any provision of this Code or its application to 
any person or circumstances is declared invalid, such declaration shall not affect the 
other provisions of this Code. 
SEC. 251. 
Construction in Favor of Employees. - 
All doubts in the 
implementation and interpretation of the provisions of this Code including its 
implementing rules and regulations shall be resolved in favor of employees. 
66 


1 
2 
3 
in the Philippines. 
SEC. 252. 
Effectiuity. - This Code shall take effect thirty (30) days following 
its publication in the Official Gazette or in a national newspaper of general circulation 
4 
5 
6 
Approved, 
67