HOUSE OF REPRESENTATIVES

RECEIVED
DATE: 95 Jit one
REPUBLIC OF THE PHILIPPINES pas
HOUSE OF REPRESENTATIVES Te 32 4
Quezon City BY: Male

SEVENTEENTH CONGRESS REGISTRATION UnaT
First Regular Session BILLS AND INDEX SERVICE

House Bil No, 1125

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

Explanatory Note

Section 3 of Article XIII of the 1987 Constitution expressly provides:

“Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and equality
of employment opportunities for all.

“It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law, They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may
be provided by law.”

Casual and contractual employees who have rendered many years of continuous service to the
Government and the public are entitled to security of tenure, a right which is not only part of our
labor statutes and jurisprudence but which is inscribed in the fundamental law itself, the 1987
Constitution. The fact that the government has created casual and contractual positions and keeps
appointing people to the said positions year after year proves that the said positions are clearly
necessary or desirable to the orderly and efficient operation of the concerned agencies; and, the
fact that these agencies keep appointing the same individuals to these casual or contractual
positions year after year necessarily implies that, at the very least, the said employees meet the
minimum qualification standards for the said positions and are able to effectively perform the
functions of the said positions.

Thus, the passage of this bill would merely institutionalize the right to security of tenure of
casual and contractual employees of the government who have served for substantial periods of
time, as provided in the 1987 Constitution.

In view of the foregoing, the passage of this measure is eamestly sought.

N

IN. GARY C. ALEJANO


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

9
House Bill No. 1125

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT

PROVIDING FOR SECURITY OF TENURE FOR ALL CASUAL AND

CONTRACTUAL EMPLOYEES OF THE GOVERNMENT WHO HAVE RENDERED

THE PRESCRIBED YEARS OF SERVICE IN THE NATIONAL GOVERNMENT

AGENCIES AND THE LOCAL GOVERNMENT UNITS AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy.- The State shall harness its human resources to cope

with the rapid economic development and population growth. Government workers, being very

important components of the State's human resources, shall be given the equal opportunity to

quality education, justice and security of tenure.

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

government agency in any capacity, the said requirement of continuous service may likewise be


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waived if the interruption of their service is not more than eighteen (18) months, taken

cumulatively, so long as the minimum required period is met.

SEC. 3. Status of covered employees and affected positions.- All of the positions
affected by this Act currently held by the covered employees shall be deemed necessary and/or
desirable for the efficient operation of the government and shall be marked as co-terminus with
the incumbents. All covered employees may not be separated or terminated from the said

positions except for just or lawful cause and with due process of law nor can their positions be

abolished except when the same are vacated by theit

SEC. 4. Implementing Rules and Regulations.- The Civil Service Commission, in
consultation with the Department of Budget and Management, shall issue the rules and
regulations necessary to implement the provisions of this Act. Said implementing rules and

regulations shall be promulgated within ninety (90) days after the approval of this Act.

SEC. 5. Penal Provisions.- Any government employee who shall apply for entitlement to
security of tenure under the provisions of this Act on the basis of false claims and/or documents
as well as any government officer or employee who will make or issue false certifications,
attestations, endorsements and/or spurious documents in relation to any such application shall
suffer the penalty of imprisonment of one (1) to three (3) years or a fine in amount up to One
hundred thousand pesos (P100,000.00) or both, at the discretion of the judge, in addition to
perpetual disqualification from public office. Said employees may also be administratively

charged under existing civil service laws, rules and regulations.

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

and subsisting.


SEC. 7. Repealing Clause. - All laws, decrees, executive orders, department or
memorandum orders and other administrative issuance or parts thereof which are inconsistent

with the provisions of this Act are hereby modified, superseded or repealed accordingly.

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

‘Approved,