FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
,1 :i "I 
) 
. ) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The proposed Civil Service Code of the Philippines has been deliberated 
upon during the 1 ih Congress of the Philippines and it took the form of 
Committee Report No. 48. Unfortunately, with the myriad challenges that our 
legislators faced during the last Congress it was not enacted into law. 
This bill sets out the constitutional framework within which all civil servants 
work and the values they are expected to uphold. 
This bill seeks to address the deeply-rooted problems besetting the public 
service, among which are: graft and corruption; red tape; violations of employee 
rights, specifically the right t6 security of tenure and the right to due process of 
law; violations of the merit and fitness principle; inadequate employee benefits 
and privileges; organization ineffectiveness and unnecessary delays in the 
delivery of services. 
This humble Representation now respectfully assumes the burden of 
pushing for this long-awaited piece of proposed legislation in the halls of the 
Senate with the end in view of seeing during this lifetime the revival of patriotism 
and nationalist ideals through an efficient and professionalized civil service. 
Sound govemance and the effective delivery of public service is·· 
dependent on a sound and effective civil service corps. In view of the foregoing, 
passage of this p'roposed measure is eamestly sought. 
Senator 


) 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 
1 -
I 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 Philippines in 
Congress assembled: 
BOOK I. GENERAL PRINCIPLES 
Title I - Policies on Civil Service System 
Chapter I. Declaration of Policy 
SECTION 1. Short Title. - This Act shall be known as the "The Civil 
Service Code of the Philippines". 
SEC. 2. Declaration of Policy.-
(a) The state recognizes the primary and enduring role of the civil service 
system in implementing the laws, managing public affairs, and ensuring 
the delivery of public services. 
(b) The state shall provide the enabling environment that will promote its 
integrity, independence, productivity and excellence. 
(c) It is the policy of the State to promote the Constitutional mandate that: 
(1) Appointments in the civil service system shall be made only on the 
principle of merit and fitness; 
(2) Public office being a public trust, 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; 
(3) Employment opportunities in the civil service system shall be 
equally available to all qualified citizens; 
(4) No public officer and employee shall be disciplined, suspended or 
dismissed except for cause and after observing due process of law, 
or for non-disciplinary causes; 
(5) The Civil Service Commission, being the central personnel agency 
of the government, shall administer the civil service system and 
1 


, , 
provide policies and guidelines on the recruitment and selection, 
utilization, training and discipline of public officers and employees; 
(6) The 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 respected; 
(7) Equal pay for work of equal value shall be guaranteed; and 
(8) Actions on personnel matters shall be decentralized, with the 
different departments and other offices of agencies of the 
government delegating to their regional off ices or other similar 
units, powers and functions. 
Chapter 2, Definition of Terms 
SEC. 3. Terms Defined. - 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 departh"lent, bureau, office, commission, 
administration, board, committee, institute, government-owned or -
controlled corporation with original charter, state university and college, 
and local government unit. 
(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 function& of the position. 
(d) Career Executive Service (CES) 
refers to the strong, stable, 
competent, well-trained and highly motivated corps of career public 
managers that will provide effective support to national development. 
(e) CESB refers to the Career Executive Service Board. 
(f) Career Executive Service Officer (CESO) refers to a person who has 
been conferred a CES rank. 
(g) Chairperson refers to the Chairman of the Civil Service Commission. 
(h) Civil Service refers to persons employed to carry out public service, in 
all 
branches, 
agencies, 
subdivisions 
and 
instrumentalities 
of 
government including government-owned and controlled corporations 
with original characters or created under special laws, local 
government units, and state universities and colleges. 
(i) Civil service eligible refers to a person who passed a civil service 
examination or is granted civil service eligibility by law or by the Civil 
Service Commission. 
0) Civil service system refers to the policies, regulations, procedures, 
practices and ethics that govern the manner in which laws are 
executed and implemented, public affairs are managed and public 
services are delivered in all branches, agencies, subdivisions and 
instrumentalities of government, government-owned and controlled 
2 


) 
corporations with original charters or created under special laws, local 
government units, state universities and colleges. 
(k) 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. 
(I) Commission refers to the Civil Service Commission. 
(m)Commissioner refers to either of the two (2) other members of the 
Commission. 
(n) Consultant refers to the person engaged under a consultancy contract 
by reason of expertise not readily available from career personnel, to 
perform highly specialized functions for a short duration, with a definite 
output, having no employer-employee relation with the contracting 
agency. 
(0) Department refers to any of the departments in the Executive branch, 
Congress, the JudiCiary and any of the constitutional commissions. 
(p) 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 or by the 
commission, 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 any employee organization, union, 
association, federation, 
confederation, society or alliance duly 
registered 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) Grievance procedure refers to the mechanisms of resolving employee 
grievances and complaints, 
(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 orders refers to a contract of service of individuals or groups 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 
3 


employees in the service are governed by comparative merit and 
achievement 
(z) Personnel action refers to any movement of personnel in the civil 
service system. 
(aa) 
Policy-determining position 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. 
(bb) 
Position refers to a job title with a defined set of duties and 
responsibilities to be performed by an individual either on full-time or 
part-time basis. 
(cc) 
Primarily 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. 
(dd) 
Public officers as distinguished from employees, refer to those 
whose functions are managerial or executive in nature and above the 
division chief level invested by law with a portion of the sovereignty of 
the state. 
(ee) 
Qualification 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. 
(ff) Rank-and-file refers to employees occupying positions in the first and 
second levels. 
(gg) 
Reorganization refers to the process of restructuring an agency's 
organizational and functional set-up with the view of making it more 
economical, effective, efficient and responsive to the needs of the 
public 
(hh) 
Solo parent refers to any individual who falls under any of the 
categories as enumerated in R.A. 8972, otherwise known as the Solo 
Parents Welfare Act of 2000. 
(ii) Strike, for purposes of this code, refers to a concerted action of an 
accredited employee organization which will result in temporary work 
stoppage without t6tal disruption of public service. 
Chapter 3. Rights and Obligations of Public Officers and 
Employees in the Civil Service System 
SEC. 4. Rights. - Public officers and employees in the civil service system 
shall have the right to: 
(a) Security of tenure; 
(b) Exercise the authority attendant to their positions; 
4 


(c) Enjoy leave, welfare, retirement and other benefits and services; 
(d) Self-organization or to form and join unions, associations, federations, 
confederations or societies for purposes not contrary to law; 
(e) For rank-and-file employees of accredited organizations to collectively 
negotiate for terms and conditions of employment in accordance with 
existing laws and the right to engage in a strike in accordance with the 
provisions of this code; and 
(f) Enjoy such other rights provided by law. 
SEC. 5. Obligations. - Public officers and employees in the civil service 
system shall: . 
(a) Uphold and defend the. Constitution and laws of the Republic of the 
Philippines; 
(b) Take and subscribe to an oath before assumption of office; 
(c) Be accountable at all times to the people, and serve them with utmost 
responsibility, integrity, loyalty, and efficiency, act with patriotism and 
justice and lead modest lives; 
(d) Discharge their duties faithfully and maintain the required level of 
productivity of their positions for the benefit of the public; 
(e) Submit upon assumption to duty and as often as may be prescribed by 
law, a sworn statement of assets, liabilities and net worth and disclosure 
of business interests and financial transactions; 
(f) Identify and disclose, to the best of their knowledge, their relatives in 
government, in the manner and frequency as may be prescribed by law, 
rules and regulations; and 
(g) Undertake programs of self-development to improve their performance 
and levels of service. 
Title 11 - Scope of the Civil Service System 
Chapter I. Positions in the Civil Service System 
SEC. 6 Coverage. - The civil service system embraces all branches, 
agencies, subdivisions and instrumentalities of government, state universities 
and colleges, government-owned and controlled corporations with original 
charters or created under special laws, and local government units. 
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, strengthen the merit and rewards system, 
integrate all human resource development programs for all levels and ranks 
therein and institutionalize a management climate that promotes good working 
conditions and public accountability. 
SEC. 8. Categories of pOSition. - Positions in the civil service system 
shall be categorized as career and non-career. 
5 


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 positions; 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: 
(a) Open career positions - appointment to which requires qualification in an 
appropriate examination or other modes in accordance with law; 
(b) Closed career positions - pOSitions that are scientific or highly technical in 
nature, which 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; 
(2) Career Executive Service; 
(3) 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; 
(4) Uniformed and commissioned personnel of the Philippine National 
Police; 
(c) Permanent laborer, whether skilled, semi-skilled, or unskilled. 
SEC. 11. Classes of Positions in the Career Service. - Positions in the 
career service shall be grouped as follows: 
(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 - includes the highest-level positions in the career service as 
determined in the Position Classification and Compensation System. 
Except as otherwise provided in this Code, entrance to the first two levels 
shall be through competitive or special examinations to be given by the 
Commission. Entrance to the third level shall be based on qualification 
requirements prescribed by the Commission through the CESB. previous 
qualification in the lower level. Entrance to a higher level does not require 
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 test utilized for the career service; (b) tenure which is limited to 
a period specified by law; (c) tenure which is coterminous with that of the 
appointing authority or subject to his/her pleasure or which is limited to the 
6 


duration of a specific project for which purpose of 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: 
(a) 
Elective officers and their personal and primarily confidential staff; 
(b) Department heads and other officers of Cabinet rank who occupy their 
positions at the pleasure of the President and their personal and 
primarily confidential staff; 
(c) 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. 
(d) Non-career undersecretaries and non-career assistant secretaries and 
their personal and primarily confidential staff; 
(e) 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 knowledge and/or technical 
skills not available in the employing agency; 
(f) 
Those whose positions may be declared as personal and primarily 
confidential by the Commission; and 
(g) Emergency, casual and seasonal personnel. 
Title III - The Civil Service Commission 
Chapter 1. Composition, Duties and Functions 
SEC. 14. Composition. - The Commission shall be composed of a 
Chairperson and two (2) Commissioners. 
SEC. 15. Qualifications of fhe 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. 
As far as practicable, one of them must be a lawyer and the composition 
of the Commission rnust be gender balanced. 
SEC. 16. Terms of Office - The Chairperson and Commissioners shall be 
appointed by the President subject to confirmation by 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. 
7 


SEC. 18. Prohibition. - No Member of the Commission shall, during 
tenure, hold any other office or employment except when expressly provided by 
law. Neither shall he/she engage in the practice of any profession or in the active 
management or control of any business which in any way be affected by the 
functions of his/her office, nor shall he/she be financially interested, directly or 
indirectly, in any contract with, or in any franchise or privilege granted by the 
govemment, any of its subdivisions, agencies, or instrumentalities, including 
government-owned or controlled corporations. 
SEC. 19. Powers and Functions of the 
Commission. -
The 
Commission shall have the following powers and functions: 
(a) Administer and enforce the constitutional and statutory provisions and 
such other mandatory provisions of law on the merit system for all levels 
and ranks in the civil service system; 
(b) 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. 
(c) Promulgate its own rules concerning pleadings and practice before it or 
any of its offices, which shall not diminish, increase or modify substantive 
rights; 
(d) Promulgate policies, standards and guidelines for the civil service system 
and adopt plans and programs to promote ethical, efficient and effective 
personnel administration in the government including innovative systems 
and mechanisms to ensure feedback from the public; 
(e) Formulate policies and regulations for the administration, maintenance 
and implementation of Position Classification and Compensation system; 
(f) Render decisions, orders, opinions or rulings on civil service matters 
which shall be binding on heads of department and agencies and 
immediately executory and notwithstanding any law to the contrary, may 
be brought only to the Supreme Court on certiorari; 
(g) Discipline CES members for cause after due process; 
(h) Control, supervise and coordinate civil service examinations. Any entity 
or public officer in government may be called upon by the Commission to 
assist in the preparation and conduct of the said examinations. Such 
assistance includes, but it is not limited to, the provision of personnel and 
security, the use of buildings and facilities, as well as the transportation of 
examination materials. 
(i) 
Grant civil service eligibility to qualified applicants based on civil service 
examinations results, performance, training, education, qualifications and 
other similar standards, subject to the guidelines it may prescribe; 
OJ 
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; 
8 


(k) Decfare, when appropriate, positions in the civil service system as 
primarily confidential, highly technical or policy-determining; 
(I) 
Formulate, administer and evaluate programs relative to the recruitment 
and selection, development and retention of qualified and competent 
work force in the public service, including administration, development 
and evaluation of training, scholarship and retirement programs; 
(m) Resolve administrative cases and other civil matters brought before it 
directly or on 
appeal, 
including 
disciplinary matters, 
contested 
appointments or personnel actions. The decisions, orders or ruling of the 
Commission may be brought by the aggrieved party to the Supreme 
Court only on certiorari; 
(n) Issue subpoena ad testificandum (process directing the attendance of 
witness) and/or subpoena duces tecum (process directing the production 
of documentary evidence); 
(0) Deputize public 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; 
(p) In the exercise of its quasi-judicial functions, punish for contempt, direct 
and indirect, public officers, employees and other persons for refusal or 
failure to comply with the decisions, orders, rulings or processes and 
proceedings of the Commission; 
(q) Delegate any power or function of the Commission to its regional or field 
offices; 
(r) Review decisions and actions of its offices; 
(s) 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; 
(t) Act on all appointments and other personnel matters in the civil service 
system; 
(u) Inspect and 
audit the personnel actions and programs of the 
departments, 
agencies, 
bureaus, offices and 
instrumentalities of 
government, state universities and colleges, government-owned and 
controlled corporations with original charters or created under special 
laws, local government units; 
(v) Prescribe rules and polices on employee organizations and regulate 
employee-management relations including the settlement of disputes; 
(w) Prescribe and enforce rules and regulations to promote and ensure safe, 
healthy and proper working conditions for employees; 
(x) Formulate and administer programs that will foster an honest, graft-free 
public service; 
9 


(y) Reorganize or effect changes in its organization, within the limits of its 
appropriations, including the creation, merger or consolidation, splitting or 
division and abolition of offices and positions; and 
(z) Exercise all powers and perform the functions properly belonging to a 
central personnel agency. 
SEC. 20. 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 promote the development of a 
creative, productive and competitive workforce. 
(b) The Chairperson shall be the chief executive officer and shall perform the 
following functions: 
(1) Execute and administer the internal poliCies, decisions, orders, and 
resolutions approved by the Commission; 
(2) Direct and supervise the operations and internal administration of the 
Commission; 
(3) Sign appointments of subordinate public officers and employees 
made by the commission and enforce decisions on administrative 
discipline involving them; 
(4) Submit the annual budget of the Commission to Congress for its 
approval; 
(5) Transmit to the President, rules and regulations adopted by the 
Commission which require presidential attention including annual and 
other periodic reports; 
(6) Delegate authority, in whole or in part, to other public officers and 
employees of the Commission, in accordance with the rules and 
regulations of the Commission; and 
(7) Perform such other functions as may be prescribed by law. 
'. Chapter 2. Organization and Structure 
SEC. 21. Offices in the Commission. - The Commission shall have the 
following offices: 
(a) Office of the Assistant Commissioners; 
(b) Commission Secretariat; 
(c) Office for Legal Affairs; 
(d) Examination, Recruitment, and Placement Office; 
(e) Personnel Policies and Standards Office; 
10 


(f) Human Resource Development Office; 
(g) The Civil Service Institute; 
(h) Personnel Relations Office; 
(i) Public Assistance and Information Office; 
U) Personnel Records Management Office; 
(k) Office for Planning; 
(I) Office for Financial and Assets Management; 
(m)Office for Personnel Management; 
(n) Regional Offices/Field Offices; and 
(0) Internal Audit Service. 
SEC. 22. The Office of the Assistant Commissioners. - The Office of the 
Assistant Commissioners (OACs) shall provide technical support 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. The Commission Secretariat. - The Commission Secretariat 
(COMSEC) shall take charge of programming and coordinating regular and 
special meetings of the Commission. Its functions include efficient information 
management 
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. 24. The 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. 
SEC. 25. The 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 shaH also take charge of 
formulating programs, policies, standards and guidelines in the certification and 
placement of civil service eligible. 
SEC. 26. The Personnel Policies and Standards Office. - The Personnel 
Policies and Standards Office (PPSO) shall take charge of the formulation and 
periodic review of qualificalion-, performance- and promotion-standards within 
the context of the merit and rewards pOlicies of the various closed and open 
career systems. 
11 


It 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. 
It shall administer, maintain and implement the position classification and 
compensation system. 
SEC.27. The Human Resource Development Office. - The Human 
Resource Development Off ice (HRDO) shall formulate, administer 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 best-practiced development 
interventions to enhance capacities and reinforce service values of public 
servants. 
SEC. 28. The Civil Service institute. - This office shall be responsible for the 
design and administration of the Commission's human resource development 
and training programs. 
SEC. 29. The Personnel Relations Office. - The Personnel Relations Office 
(PRO) 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), and conduct research and 
training on public sector unionism, as well as design and develop public sector 
labor education programs. 
SEC. 30. The Public Assistance and information Office. - The Public 
Assistance Information Office (PAlO) 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 
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. The Personnel Records Management Office. - The Personnel 
Records Management Off ice (PRMO) 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. 
PRMO shall be responsible for the management of incoming and outgoing 
communications of the Commission. 
SEC. 32. The Office for Planning. - The Office for Planning (OP) 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. 
The Office for Planning 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 
12 


information systems vital to the internal operations of the CSC as well as to the 
decision-making functions of the Commission. 
SEC. 33. The Office for Financial and 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. The Office for Personnel Management. - The Office for 
Personnel Management (OPM) shall take charge of formulating the development 
plan of the Commission, which includes sound policies on personnel 
management in the areas of recruitment and selection, employee welfare and 
discipline in the Commission. 
SEC. 35. The Regional Offices/Field 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 off ices and agencies regarding 
personnel administration such as but not limited to examination an placement, 
career development, appointments, filing/resolution of legal cases, audit, and 
other functions delegated by the Commission. 
SEC. 36. The Internal Audit Service. - The Internal Audit Service (lAS) 
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. 
Chapter 3. The Career Executive Service 
SEC. 37. The Career Executive Service. - A strong, stable, competent, 
well trained and highly motivated corps 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. 38. Membership. -
A person who meets l?uch 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 register of Career Executive Service Officers (CESOs). 
SEC. 39. Career Executive Service Board. - The Career Executive 
Service Board (CESB) shall be an attached agency of the Commission. It shall 
be responsible for the development, maintenance and administration of the 
Career Executive Service. 
SEC. 40. Composition of the Career Executive 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 
13 


• 
Public Administration and Governance, ex-officio member; the president or duly 
designated representative of a nationwide association of career executive service 
officers; the president or duly designated representative of a nationwide 
association of personnel managers; and, two (2) other members who shall be 
appointed by the President of the Republic, and one of whom must be a retired 
CESO, both with terms of three (3) years. 
Members of the CESB shall be provided with per diems and allowances 
as determined by the Commission. 
SEC. 41. The Career Executive Service Secretariat. - The Career 
Executive Service Board (CESB) shall be assisted by the Career Executive 
Secretariat. It shall be headed by an Executive Director and assisted by a Deputy 
Executive Director both of whom shall be appointed by the CESB, and shall be 
responsible for the implementation of the policies, rules, regulations, decisions, 
directives of the CESB. 
SEC. 42. 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 Board. 
SEC. 43. Confernment of Appropriate Rank in the CES. - Conferment 
of appropriate rank in the CES shall be made by the President upon 
recommendation of the CESS. The issuance of appointments to appropriate 
ranks shall be made by the department or agency heads. 
SEC. 44. Personnel Mechanisms. - The CESS shall develop policies, 
design standards and personnel mechanism for the Career Executive Service. 
SEC. 45. Compensation. - 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 to be 
paid by the employing agency. A CESO assigned to a CES position shall enjoy 
an added premium based on his/her rank and shall be granted a higher premium 
as his/her rank increases. However, in case a CESO occupies a CES position 
not appropriate to his/her rank, said officer shall receive the higher 
compensation. In no case shall a CESO receive compensation lower than that 
corresponding to the rank. 
SEC. 46. Mobiility - CESOs may be assigned to any CES position. 
SEC. 47, CES Resource List. - The CESB shall establish aCES 
resource list drawn from CESOs who may be cross-posted in various agencies to 
undertake special works or unique assignments within a specified timeframe, 
without diminution of compensation. 
The CESS shall institutionalize systems for the promotion of core values in 
the CES, career development of its members, including posting and mobility. 
CESOs who may be involuntarily separated from their aSSignments shall, 
as far as practicable, be given new aSSignments commensurate to their 
qualifications. 
SEC. 48. Administration of a Compensation Plan. - The CESS 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. 
14 


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. 49. Security of Tenure. - CESOs shall enjoy performance- based 
security of tenure and shall not be removed from service except for cause and 
after due process .. 
SEC. 50. Discipline. - Investigation and adjudication of administrative 
complaints against members of the CES shall be governed by the provisions of 
this Code. 
. 
SEC. 51. Career Undersecretary and Assistant Secretary. - At least 
fifty percent (50%) of the total number of positions of Undersecretary and 
Assistant Secretary shall be career with each level accordingly represented. 
The President shall appoint CESOs to both career and non-career 
Undersecretary and Assistant Secretary positions. 
Assignments 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 II. PERSONNEL POLICIES AND STANDARDS 
Title I - On Employment 
Chapter I. Recruitment 
SEC. 52. 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 administered by the Commission. Every Filipino citizen 
shall have equal access to or opportunities for public service regardless of 
among others, religious belief, color, sex, sexual-orientation, regional origin or 
ethnic affiliation. Measures shall be adopted to include qualified members of 
indigenous cultural communities, and other minority groups and differently-a bled 
persons for recruitment and selection. 
SEC. 53. 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 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. 
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. 54. Qualifications of Applicants to Civil Service Examinations. -
Admission to civil service examinations shall be limited to citizens of the 
15 


Philippines who satisfactorily meet the requirements prescribed by the 
Commission. 
SEC. 55. Rating of Examination Papers and 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 civil service 
eligibility. 
SEC. 56. Simultaneous Release of Examination Results. - The results 
of an examination held in various locations on the same date shall be released 
simultaneously. 
SEC. 57. 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. 58. BAR or Board Examinations as Eligibility. -
Successful 
examinees of 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 examinations, shall automatically be 
considered civil service eligibles. Their eligibilities shall be effective upon the 
release of the examination results or the date of the registration, as the case may 
be, by the Supreme Court or the Professional Regulation Commission. 
SEC. 59. Effectivity and Imprescriptibilify 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. 60. Invalidation of Civil Service Examination Results. - 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. 61. Responsibilities in the Conduct of Examinations. -
The 
Commission may call upon all departments and agencies to extend the 
necessary support and assistance, and to make available such personnel, 
buildings, transportation, communication and such other facilities, that may be 
needed in the administration of the examinations. 
SEC. 62. 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 
Commission. The Commission shall determine and provide the necessary 
security measure& for this purpose. 
SEC. 63. 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 supelVision 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. 
16 


Expenses for specialized examinations shall be allocated by the requesting 
department or agency. 
Chapter 2. Selection and Appointment 
SEC. 64. Selection Process. - Each department or agency shall evolve 
its own selection in accordance with the 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. 65. 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. 
SEC. 66. 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. 67. 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. 68. 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. 69. 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 his/her appointment by the Commission. 
Such appointment cannot be 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 public officer or employee shall allow a person to render service 
without a 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 
receipt of approved 
appointment, 
said 
appointment shall 
be 
deemed 
automatically cancelled. 
17 


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 his liability under RA 3019 (Anti-Graft and Corrupt Practices Act) and 
other criminal and administrative sanctions. 
SEC. 70. Appointment Form. - An appointment shall be issued in the 
form prescribed by the Commission. 
SEC. 71. 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. 72. Merit Promotion Plan - Each department or agency shall 
establish a Merit Promotion Plan, in accordance with standards and guidelines 
prescribed by the Commission. 
SEC. 73. 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 eligible, 
even in temporary capacity. However, 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. 
SEC. 74. Qualification Standards - Qualifications 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 
program. 
Qualification standards shall be administered so as to continually provide 
incentives to public officers and employees towards professional growth. 
The establishment, administration and maintenance of qualification 
standards shall be the responsibility of the department or agency concerned, as 
promulgated by the Commission. 
Chapter 3. Status of Appointment 
SEC. 75. Appointment Status. - The status of an appointment shall be: 
18 


(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 be issued a 
temporary appointment except to occupational groups of positions 
requiring additional or special qualifications, 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. 
(b) Temporary - an appointment issued to a person who does not meet 
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. 
A temporary employee shall not be removed except for cause 
during the one (1) year period; Provided, that he/she may be replaced at 
any time within the same 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. 
(c) Substitute - an appointment issued to a person who has all 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 (1) month, on a scholarship grant, on secondment, out on 
official business, or is unable to perform the duties for at least a month. 
(d) 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) limited by the duration of the project; or (3) co-
existent with the life span of the agency or office created. 
(e) 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 his/her own responsibility with minimum direction 
and supervision from the hiring agency. No contractual appointments 
corresponding to plantilla positions shall be issued. 
(f) Casual - an appointment issued to a person for services in an emergency 
or during a 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. 
Casual employees who have been in the service for an aggregate 
of three (3) years who meet all the qualification requirements of eXisting 
staffing pattern positions shall be absorbed as regular employees in 
accordance with the budgetary limitations set by law and rules to be 
promulgated by the Commission. 
19 


(g) 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. 
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. 76. Job Orders/Contract of Services and Consultancy - The 
appointing authority may enter into service contracts such as job orders/contract 
of services and consultancies wherein no employer-employee relation exists, 
which contract shall be submitted to the Commission within thirty (30) days from 
execution of the contract for monitoring and record purposes. 
SEC. 77. Rationalizing Casual, Contractual Services, Consultancy 
and Job Orders/Contract of Services. - The Commission shall formulate 
policies in order to systematize and rationalize the hiring and expenditures for 
conSUltancy, casual and contractual services. 
Chapter 4. On Personnel Actions 
SEC. 78. 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 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. 
SEC. 79. 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 his/her 
performance and conduct. 
Notice of such adjustment or movement shall be submitted to the 
Commission 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 the 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 workstation 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 public officer or employee shall be held in abeyance 
until resolved by the Commission. 
20 


Reassignment of low-salaried employees should not result in 
economic dislocation. 
(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 minimum period of one year; 
otherwise, the consent of the public officer or employee concemed shall 
be necessary. Detail shall (lot result in reduction in rank, status or salary. 
Detail 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, detail of the public officer or employee 
shall be held in abeyance until the decision of the Commission. 
The detailed employee shall carry his/her regular position in the mother 
agency and continue to receive his/her salary from the mother agency. 
(c) 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 exposing them to the other work functions of the 
agency. It shall be allowed only for a maximum period of one (1) year. 
However, job rotation exceeding one (1) year may be allowed with the 
consent of the officer or employee, any extension of which may be allowed 
with the consent of the officer or employee concerned. 
(d) Secondment - is the movement of a public 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 the same, reduction or increase in 
compensation and mayor 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. 
(e) 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 designated to the next higher 
position; Provided further, that there are no qualified next-in-rank public 
officer or employees in the agency who are willing and actually available 
who can 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. 
21 


SEC. 89. Change of Status -
When a temporary public 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 reflected in the records of the Commission upon 
the notification by the agency concerned. 
Title II - Disputes Regarding Appointments and Other Personnel Actions 
Chapter 1. Contest on Appointments and Other Non-Disciplinary Cases 
SEC. 90. 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 the law. 
SEC. 91. Adjudication of Contests on Appointments and Other 
Personnel Actions. - All other cases on non-disciplinary actions shall be 
adjudicated initially by the appointing authority, as prescribed by the 
Commission. 
SEC. 92. Appeals on Contests of Appointments, Personnel Actions, 
and Non-Disciplinary Cases. - The decisions of heads of agencies on contests 
of appointments, personnel actions and non-disciplinary cases are appealable to 
the Commission. 
' 
TITLE III - Agency Personnel Administration 
Chapter 1., Inter-Agency Relations 
SEC. 93. The Central Personnel Agency - The Commission, as the 
central personnel agency of the government, shall promulgate rules and 
regulations on personnel administration and management in the civil service 
system, 
SEC. 94. Responsibility for Personnel Administration -
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 regulation 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. 95. Council of Human Resource Management Officers. - There 
shall be a Council of Human Resource Management Officers (HRMO) to be 
composed of HRMOs which shall serve as a clearing-house of information to 
stimUlate the use of innovative methods of personnel management and advocate 
for sound personnel policies for good governance. 
Chapter 2. Local Government Personnel Administration 
SEC. 
96. 
Responsibility 
for 
Local 
Government 
Personnel 
Administration. - Each local government unit shall establish a personnel office 
22 


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. 97. HRMO Posifions 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 with in five (5) years. 
Chapter 3. Position Classification and Compensation 
SEC. 98. Position Classification and Compensation System. - The 
Commission shall develop and administer the Position Classification and 
Compensation System (PCCS) which shall have two parts: the Position 
Classification Plan and the Compensation Plan. The Position Classification Plan 
shall consist of the occupational groups and classes to which positions are to be 
allocated or reallocated, and the rules and regulations for implementation. The 
Compensation Plan shall consist of the salary schedule, policies relative to 
salaries, allowances, bonuses, and such other benefits accruing to the public 
officers and empl!;)yees of the civil service system, and the rules and regulations 
for implementation. 
SEC. 99. 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. 100. 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 or part-time basis now existing or hereafter created. 
Chapter 4. Personnel Inspection and Audit 
SEC. 101. Purpose. - The Commission shall conduct periodic inspection 
and audit of the personnel management programs of each department and 
agency to provide advice and assistance in the development of constructive 
policies, standards and procedures to improve all areas of personnel 
management. 
SEC. 102. Scope. -
The inspection and audit of the personnel 
management programs may include the following: 
(a) Organization and personnel management; 
(b) Formulation, issuance and implementation of personnel policies; 
(c) Recruitment and selection of employee; 
(d) Personnel action and employment status; 
(e) Career and employee development; 
(f) Performance evaluation systems; 
(g) Employee suggestions and incentive award; 
(h) Employee relations and service; 
(i) Discipline; 
U) Personnel records and reporting; 
(k) Program evaluation; and 
(I) Employee organization. 
23 


SEC. 103. Submission of Audit Reports. - The Commission shall regularly 
submit its personnel audit reports to the units concerned, heads of departments, 
Office of the President and the Legislature. 
BOOK III. HUMAN RESOURCE MANAGEMENT 
Title I - Human Resource Development 
Chapter 1. Policy on Human Resource Development 
SEC. 104. 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 encourage all departments and agencies to 
develop and implement human resource development plans and programs to 
include, among others, training and development, performance appraisal and 
incentives and rewards for their personnel in accordance with Commission 
policies and standards. 
Chapter 2. Training and Development 
SEC. 105. Training and Development System. - The Commission shall 
promote opportunities Jor training in skills enhancement and capability-building 
programs, local and foreign scholarships, and other educational opportunities. 
SEC. 
106. 
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, and shall issue the appropriate rules and regulations 
for the said training and development programs. 
SEC. 107. 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, 
procedurals 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. 
SEC. 108. Inter-Agency Scholarship Committee. - The inter-agency 
scholarship committee shall be co-chaired by the Chairperson of the Commission 
andby the Director General of the National Economic and Development Authority 
(NEDA). The Committee Secretariat shall be based at the NEDA. The following 
agencies or their duly designated representatives who hold positions not lower 
than that of assistant secretary or its equivalent shall constitute the members: 
(a) Department of Foreign Affairs; 
(b) Department of Education; 
(c) University of the Philippines; 
(d) Commission on Higher Education; and the 
(e) Presidential Management Staff-Office of The President. 
SEC. 109. 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 
24 


gender and development plan in accordance with 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. 110. Technical Assistance 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. 
Chapter 3. Performance Appraisal 
SEC. 111. Performance Appraisal System. - The Commission shall 
promote the establishment of a Performance Appraisal System (PAS) for all 
appointive public officers and employees which shall be the basis for incentives, 
rewards and recognition, training and development, personnel actions, and 
administrative sanctions in all departments and agencies. 
SEC. 112. 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 in accordance with policies, 
standards and guidelines prescribed by the Commission. 
Chapter 4. Incentives and Awards 
SEC. 113. Rewards System. - The Commission shall promote the 
establishment of a rewards system in the department and agencies. It shall 
include incentives, commendation 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 evaluate the implementation of the rewards system 
in all departments and agencies. 
SEC. 114. Merit and Rewards Plan. - Each department or agency shall 
develop a merit ahd rewards plan appropriate for its officers and employees in 
accordance witf:l policies and standards promulgated by the Commission. 
TITLE II - Personnel Relations in the Civil Service System 
Chapter 1. Personnel Relations 
SEC. 115. 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 and/or their 
organizations with their respective departments and agencies. 
25 


The head of a department or agency shall be responsible for an effective 
personnel relations program in the department or agency. 
SEC. 116. 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 responsible. 
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. 117. 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. I 
However, uniformed personnel of the Philippine National Police (PNP), 
Bureau of Fire Protection (BFP) and Bureau of Jail Management and Penology 
(BJMP), cannot form or join rank-and-file employee organizations for purposes of 
collective negotiations. 
Public officers and employees whose functions are primarily managerial or 
confidential in nature cannot form or join employee organizations for purposes of 
collective negotiations . 
. SEC. 118. 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. 119 .. Registration of Rank-and-File Employee Organization -
Rank-and-file employee Organizations shall register with the Commission in 
accordance with the implementing guidelines to be promulgated by the 
Commission. 
SEC. 120. 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 garnered the majority' vote as the sole and 
exclusive representative of the rank-and-file employees in the said agency. 
26 


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. 121. Accreditatiol1 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. 122. 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 
agreement 
shall 
be 
registered 
with 
the 
Commission. 
Chapter 3. Settlement of Disputes 
SEC 123. Definition of terms. - For purposes of this Code, the following 
terms shall be defined as follows: 
A. Arbitration - refers to the process whereby a third party (individual 
arbitrator), 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 dispute/s 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 fined and binding on the 
contending parties. 
2. Compulsory -
~ 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. 
B. 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. 
C. Medi~tion - refers to the process which by 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 proposal's for the 
settlement of dispute. 
SEC. 124. 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 
27 


Management Council (PSLMC), which shall resolve and settle it within the period 
of sixty (60) day's from receipt thereof. 
However, the parties may opt to submit the issue for voluntary arbitration, 
the decision of which shall be final and unappealable. 
Chapter 4. Public Sector Labor-Management Council 
SEC. 125. Public Sector Labor Management Council (PSLMC). -
Public Sector Labor-Management Council (PSLMC) is hereby constituted to be 
composed of the following: 
(a) 
Chairperson, Civil $ervice Commission - Chairperson; 
(b) 
Secretary, 
Department of Labor and 
Employment -
Vice 
Chairperson 
(c) 
Secretary, Department of finance - Member; 
(d) 
Secretary of Justice - Member; 
(e) 
Secretary, Department of Budget and Management - Member; and 
(f) 
One 
(I) 
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 their permanent alternates who 
hold positions not lower than an assistant secretary or its equivalent. 
The employee representatives, who may also designate their permanent 
alternates, shall serve for a term of two (2) years or until their successors shall 
have been appointed or elected. In no case, however, shall 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. 126. Original and Exclusive Jurisdiction of the PSLMC - The 
PSLMC shall have original and exclusive jurisdiction to hear and decide the 
following cases: 
(a) Unfair public sector labor and management practice; 
(b) Representation issue; 
(c) Disputes arising in the course of the conduct of collective negotiations; 
(d) Disputes on issues resulting from the implementation of the grievance 
machinery; 
(e) Determination of the presence or absence of a strike; 
(f) Inter-employee organization dispute; 
(g) Intra-employee organization dispute; 
(h) Employee organization election of officers; 
28 


(i) Disputes on issues resulting from the implementation of the provisions of 
Collective Negotiations and Agreement; and 
U) 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.127. Unfair Public Sector Labor and Management Practice. - The 
following shall constitute unfair public sector labor and management practice on 
the part of the agency: 
(a) Interfering with, restraining on coercing employees in the exercise of their 
right to self-organization; 
(b) Requiring as a condition of employment that an employee shall not form 
or join an employee organization or shall withdraw from one to which 
he/she belongs; 
(c) 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; 
(d) 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; 
(e) Refusing to collectively negotiate in good, faith with the accredited 
employee organization; 
(f) Violating any of the prOVisions of the Collective Negotiation Agreement; 
and 
(g) Other analogous acts as may be determined by the PSLMC. 
The following shall constitute unfair public sector labor and management 
practice on the part of the employee organization: 
(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; 
(b) 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; 
(c) Refusing to collectively negotiate on good faith with management; 
(d) Violating any of the provisions of the Collective Negotiation Agreement; 
and 
(e) Other analogous acts as may be determined by the PSLMC. 
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 public sector labor and management practice shall be held administratively 
liable and shall be imposed a fine of not less than Pi0,OOO.OO, or suspension not 
exceeding one year, or both for such participation or grant of authority without 
prejudice to civil and criminal liability. 
29 


SEC. 128. Writ of Preliminary injunction or Temporary Restraining 
Order. - The PSLMC, after notice and hearing, may 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. 129. Grounds for Contempt, - The PSLMC may cite a person for 
contempt on any of the following grounds: 
(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. 
The person so cited for contempt whether direct or indirect shall be punished 
by a fine of not more than P1,000.00 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. 130. PLSMC Decision -
Decisions of the PLSCM 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 5. The Right to Strike 
SEC. 131. Right 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 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. 132. 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 will join the strike not be entitled to to 
payment of salary for the period that they are on strike. 
30 


SEC. 133. Government 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; 
(b) Medical and allied services including doctors, nurses, medical therapists 
and medics; 
(c) Public utility services such as power and water supply, transportation, air 
traffic controllers, radar and radio controllers, lighthouse keepers and 
arbor pilots, and 
(d) Other analogous services to be determined by the Commission taking into 
consideration public service and national interest. 
SEC. 134. Grounds for Strike. - A strike may be declared on the following 
grounds: 
(a) Unfair public sector labor and management practices committed by 
management as provided for in this Code; 
(b) Mismanagement or abuse of the management of the agency; and 
(c) Graft and corruption. 
SEC. 135. 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 must he in accordance "with the requirements and 
procedures as maybe 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. 136. 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. 
SEC. 137. 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 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 results of the strike vote and notice to strike, copy fumish 
the head of agency at least thirty (30) days before the date of 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. 138. Remedial Actiins by the PSLMC. - When a dispute has been 
referred to the PSLMC, it shall exert all I 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. 
31 


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. 139. Prohibited Activities-
(a) No dispute which occurred prior to the notice to strike, which was not 
raised in the said notice, may be the subject of succeeding strikes. 
(b) 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. 
(c) 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. 
(d) No employee organization may declare a strike without first having, filed 
the notice required under Sec. 137 and the necessary strike vote first 
having been obtained and filed with the PSLMC.\ 
(e) No employee organization may go on strike without ensuring and 
maintaining an effective skeletal force. 
BOOK IV. PERSONNEL BENEFITS AND PRIVILEGES, DAYS AND HOURS 
OF WORK AND OFFICIAL RECORDS 
Title I - Personnel Benefits and Privileges 
Chapter I. Health and Other Services 
SEC. 140. Policy. - The health, welfare, safety and security of every 
personnel in the civil service system shall be the concern of the government. To 
this end, a comprehensive occupational health program including medical, dental 
and other health services shall be established, maintained, and made accessible 
for all personnel in the civil service system. Each department or agency shall 
make provisions out of their existing budgets for personnel health, welfare, 
medical and counseling services and leave benefits and promote and develop 
occupational safety, sports and recreation programs and similar services. 
SEC. 141. Safety and Accident Prevention. - Each department or 
agency shall develop and maintain a continuing occupational safety and accident 
prevention program for its personnel. 
SEC. 142. Personnel Counseling - Each department or agency shall 
provide personnel counseling services, including pre-retirement counseling. 
SEC. 143. Personnel Recreation - Each department or agency shall 
provide facilities for sports, recreational and cultural activities and shall 
encourage voluntary personnel participatioh. 
Chapter 2. Leave Benefits 
SEC. 144. Entitlement to Leave Privileges. - Appointive personnel of the 
government, whether permanent, temporary, contractual or casual as well as 
elective officers, who render required number of office hours shall be entitled to 
32 


an annual fifteen (15)-day vacation and fifteen (15) day sick leave with full pay 
exclusive of Saturday, Sundays, and public officials. 
SEC. 145. Leave of Absence of Pad-time Personnel - Public officers 
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. 
SEC. 146. 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. 147. Force Mandatory Vacation Leave. - All appointive and 
elective public officers and employees of the government with ten (10) days or 
more vacation leave credits shall be required to go on vacation leave whether 
continuous or intermittent for a minimum of five (5) working days annually. 
SEC. 148. 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. 149. 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 their 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 emergency/paramedic services and initial ambulance or transport 
services shall be borne by the agency of the public officer and employee 
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. 150. Teacher's Leave. - Other than those designated for continuous 
duty and those covered by special charters 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, an holidays, 
in accordance with the rules and regulations prescribed by the Commission. 
SEC. 151. Leave of Elective Officers. - All elective officers shall be 
entitled to leave credits granted to appointed officers and the cummulation and 
commutation of the money value thereof. 
SEC. 152. Leave Credits of Public Officers and Employees Covered 
by Special Leave Laws. - The leave credits of the following personnel are 
covered by special laws: 
(a) Justices of the Supreme Court, Court of Appeals and Sandiganbayan; 
33 


(b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial 
Courts, Courts of Tax Appeals, and Sharia Circuit Credit Court; and Sharia 
District Court; 
(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. 153. Maternity Leave. - 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) calendar days 
for delivery by caesarean section for the first four deliveries or miscarriages, 
SEC. 154. Paternity Leave. - A married man in the government service shall 
be entitled to paternity leave of seven (7) working days for the first four deliveries 
or miscarriages of his legitimate spouse with whom he is cohabiting. 
The paternity leave shall be non-cumulative and non-commutative. 
SEC. 155. 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 who are both in government shall be entitled to thirty 
(30) calendar days the adoptive mother and seven (7) calendar days for 
the adoptive father. 
(b) Solo parents of whatever gender shall be entitled to thirty (30) calendar 
days. 
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 shall1 be non-commutative and non-cumulative. 
SEC. 156. Parental Leave f9r 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 public officers and employees who arc solo parents and have rendered service 
of least one (1) year. Parental leave shall be non-commutative and non-
cumUlative. 
SEC. 157. Special Leaves - Government public officers and employees, 
except those covered by special leave laws, are entitled to special leaves, to 
mark personal milestones and/or attend to filial (domestic responsibilities, not 
exceeding an aggregate of three (3) days in accordance with to be set by this 
Commission. 
SEC. 158. 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. 
159. 
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 .. 
SEC. 160. Effect of Re-employment on Commuted Leave. - Public officers 
and employees whose leave credits have been commuted following their 
separation from the service and where thereafter reemployed may refund the 
34 


money equivalent of the unspent portion of the commuted leave credits. In all 
cases, leave credits start from zero balance. 
SEC. 161. Transfer of Leave Credits of Appointed Personnel and 
Elective Officers - When appointive public 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 bv the personnel concerned when 
there are no gaps in their service. However, a gap of not more than one (1) 
month may be 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 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. 162. 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. 163. 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. 164. 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 govemment service. 
Chapter 3. Retirement Benefits 
SEC. 165. Payment of Retirement Benefits on the Day of Retirement.-
All personnel are entitled to receive their retirement benefits provid~d 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. 
All public officers and employees with pending administrative, disciplinary 
cases who were eventually exonerated or cleared therefrom shall be entitled to 
payment of retirement benefits immediately a day after the promulgation of the 
decision . 
. SEC. 166. Rate of Merest for Delay in Payment - Should the retiree, 
through no fault of his/her own, fail to receive the benefits on the day of 
retirement, the same shall earn interest at the prevailing rate. 
The retirement benefits, of those who were eventually exonerated or 
cleared from administrative, disCiplinary cases shall likewise earn interest at the 
prevailing legal rate computed from the date of retirement to the date of 
promulgation of the decision. 
SEC.167. Liability for Delay. - Agencies or their personnel who caused 
the delay in the retiree's receipt of retirement benefits shall upon complaint of the 
35 


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. 
Title III - Official Records and Work Days and Hours 
Chapter 1. Personnel Records Information System 
SEC. 168. Policy. - A government records 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 and statistics of 
all its personnel. 
SEC. 169. 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 2. Work Days and Hours 
SEC. 170. Observance of Work Days and Hours. - It shall be the duty of 
each head of agency to require all personnel 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. 171. Daily Record of Attendance. - In each head of department or 
agency shall require a daily record of attendance of all personnel 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. 172. Recording of Attendance by Senior Public Officers. -
Agency heads, third level positions shall record times of arrival at and times of 
departure from official workstations. Absences from office shall likewise be 
properly recorded in the agency. 
SEC. 173. 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. 
36 


SEC. 174. Four 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 opt 
measures to ensure that continuous service is available even during the 12:00 
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 less than the required five (5) days 
may be allowed by the head of agency provided that the government personnel 
render a total of forty (40) hours a week and provided further that the public is 
assured of continuous delivery o~ service from eight (8) in the morning to five (5) 
in the afternoon for the duration of the entire workweek 
SEC. 175. 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. 176. Non-regular Working Hours. - A work schedule that deviates 
from which is provided in Section 175 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) hour workweek exclusive of meal time, will not be reduced. 
SEC. 177. Flexible Working Place. - Public officers and employees may 
be allowed to work away from their official work substations 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 a 
flexi-work place. In no case shall the adoption thereof affect the availability and 
the accessibility of government services. 
SEC. 178. Persons in the Teaching Service. - All persons in the 
teaching service, primary and secondary levels, are covered by the forty (40)-
hour work-week requirement and shall render not more than six (6) hours of 
teaching load every school day. 
SEC. 179. Performance of Duties in Excess of Forty Hours s 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 the personnel to work in excess of forty (40) 
hours, on Saturdays, Sundays and public holidays, with either additional 
compensation or compensatory time day-off; or the accumulation of leave 
credits. 
SEC. 180. 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 
37 


grant of compensatory time or day/s-off or through the accumulation of leave 
credits. 
SEC. 181. Compensatory Time of Day/s Off - Grant of compensatory 
time or days/ off shall be allowed for overtime services rendered subject to the 
rules to be promulgated by the Commission. 
BOOK V. DISCIPLINE 
Title I - Administrative Discipline 
Chapter 1. General Provisions 
SEC. 182. 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 law and after due process. The following shall be 
grounds for disciplinary action: 
(a) Conduct prejudiCial to the best interest of the service; 
(b) Discourtesy in the course of official duties; 
(c) Disgraceful or immoral conduct; 
(d) Dishonesty; 
(e) Drunkenness; 
. 
(f) Engaging directly or indirectly in partisan political activities by one holding 
a non-political office; 
(g) 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, Cook Two, 
Chapters One, Two, and Three of the Revised Penal Code; 
(h) Engaging in prohibited activities under Section 139 of this Code; 
(i) Falsification of official documents; 
U) Final conviction of crime involving moral turpitude; 
(k) Gambling prohibited by law; 
(I) IIlega!' strike; 
(m)lnefficiency and incompetence in the performance of official duties; 
(n) insubordination; 
(0) Neglect of duty; 
(p) Nepotism; 
(q) Oppression; 
(r) Pursuit of private business, vocation or profession in violation of civil 
service rules and regulations; 
(s) Refusal to perform official duty, or unjust refusal to render overtime 
service; 
(t) Sexual Harassment; 
(u) Tardiness; 
(v) Unauthorized absences; 
(w)Unauthorized use of government resources or properties; 
(x) Unfair public sector labor and management practice; 
(y) Unjustifiable delays in the payment of employee benefits; 
(z) Violation of reasonable office rules and regulations; and 
(aa) 
All other grounds for disciplinary action provided or may de 
provided for by 
38 


Chapter 2. ,Disciplinary Jurisdiction 
SEC. 183. Original Jurisdiction. - The heads of departments, agencies, 
bureaus and instrumentalities of the national govemment, constitutional off ices, 
the proper disciplining authority of state universities and colleges, government-
owned and - controlled corporations with original charter or created under special 
laws, and local government units. 
They shall also retain original jurisdiction over public officers and 
employees who already separated from the service but who, while still in the 
service committed an offense, 
SEC. 184. 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, local government units. 
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, 
SEC. 185. Original Jurisdiction Bureau of 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. 
Chapter 3. Procedures in Disciplinary Cases 
SEC. 186. Commencement of Administrative Proceedings and 
Answer 
(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 accomplished by sworn statements 
covering the charges and those of the witnesses together with documentary 
evidence, if any. 
(b) On the basis of the sworn written complaint and supporting paper filed by 
any other person, the disciplining authority shill! 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 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, 
(c) In administrative proceedings initiated by the disciplining authority or head 
department or agency, the formal charges should be issued only after the 
disciplining authority finds a prima facie case in accordance with the 
provisions of this Code. 
39 


SEC. 187. 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 settlements 
covering his/her defense and those of witnesses together with the supporting 
documentary evidence, if any. The respondent shall be allowed at least 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 his/her 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 arc obviously designed to delay the administrative 
proceedings, the same shall be considered as answer. 
SEC. 188. Formal Investigation. -
(a) 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. 
(b) 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. 
(c) Even if the respondent docs 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. 
(d) The formal investigation shall be commenced not earlier than five (5) days 
not 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 
offences, unless the period is extended by the disciplining authority in 
meritorious cases, 
(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. 189. Report of Investigation and Record of Case - The hearing 
officer shall submit to the disciplining the 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. 
40 


SEC. 190. Decision. - The proper disciplining authority shall render a 
decision within the period and in the form Land content as provided for in this 
Code. 
SEC. 191. 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 
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. 192. 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 
. 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, 
Chapter 4. Decision 
SEC. 193. When to Render Decision - The proper disciplining authority 
exercising original jurisdiction and those exercising appellate jurisdiction shall 
render their decisions within sixty (60) days from the date of the submission of 
the case for decision. 
SEC. 194. Form and Content of Decision. - The decision, properly 
designated as such and under the Signature of the proper disciplinary authority, 
shall contain the charge, the name of the respondent, the position and office of 
the respondent, a brief statem(:lnt of the material and relevant facts, findings, 
offense committed and the penalty imposed. 
SEC. 195. Service of Decision.-
(a) A copy of the decision shall be served on the complaint and the 
respondent through their respective counsel, if any, within five (5) days 
from its promulgation. 
(b) Disciplil'1ing authorities shall furnish their superiors with a copy of the 
decision'within five (5) days from the date of its promulgation. 
SEC. 196. Finality of Decision.-
(a) 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 and 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. 
41 


(b) 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 or a fine of not more than thirty (30) working days pay. 
(c) 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. 
SEC. 197. 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. 
(b) 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 he held in 
abeyance pending resolution of the motion. 
(c) The filing and pendency of petition for cefiorari 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 temporary 
restraining order or a writ of preliminary injunction against the 
Commission. 
Chapter 5. Administrative Penalties 
SEC. 198. Penalties That May Be Imposed. - Heads of departments and 
agencies and other disciplining authorities may impose the penalty of reprimand 
or censure, fine in 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. 199. Imposition of Penalties-
(a) In meting out punishment, the same pOlitics 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 from any liability, mitigate or aggravate the offense. 
(b) 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. 
(c) 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 
for 
employment, 
reinstatement 
or re-employment, 
disqualification for promotion and bar from any civil service examination. 
42 


SEC. 200. 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 and if the 
case is pending on appeal. 
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. 
SEC. 201. Effect of Death on Pending Cases. - Pending disciplinary cases 
shall be deemed terminated upon the death of respondent without prejudice to 
civil action that maybe instituted bv the govemment except when the proceedings 
have been concluded and the cases 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. 202. Effect of Exoneration and Other Penalties. - Upon exoneration, 
the respondent shall be restored to his/her former position without loss of 
seniority and other rights or to 'a comparable or equivalent position in case of 
reorganization. He/She shall also be entitled to payment of back salaries and 
other benefits for a period not exceeding five (5) years including the period of 
his/her preventive suspension. 
Chapter 6. Administrative Remedies 
SEC. 203. Appeal. - An appeal may 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, It 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. 
SEC. 204. Where to Appeal. - The appellant may appeal to the following: 
(a) In case of decisions rendered by heads of departments, agencies, state 
universities and colleges, provinces, cities and municipalities and 
instrumentalities of the national government 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 
(b) 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) 
43 


working days or fine equivalent to more than thirty (30) working days' 
salary. 
SEC. 205. Motion for Reconsideration. - A motion for reconsideration may 
be filed during the period for filing an appeal on the following grounds: 
(a) Newly discovered evidence which could materially affect the decision 
rendered; 
(b) The decision is not supported by the evidence on record; or 
(c) Errors of law or irregularities have been committed prejudicial to the 
interest of either property. 
Only one (1) motion for reconsideration shall be entertained. which shall be 
resolved within thirty (30) days from receipt. A motion for reconsideration shall 
suspend the running of the period. of appeal. 
SEC. 206. Remand of Cases Due to Lack of Due Process. - If the case on 
appeal with the Commission is reminded 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 faultnegligence 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. 
The disciplining authority shall render its decision within fifteen (15) days from 
the termination of the investigation. 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, he/she shall be immediately 
reinstated and shall be entitled to back salaries and other benefits. 
SEC. 207. Petition for Review - 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. 208. Penalties for Contempt - In case of refusal or failure to comply 
with its decisions, orders, rulings or processes and proceedings, the Commission 
may impose a penalty of fine of not less than Pi ,000.00 per day until compliance, 
or suspension from office withciut pay for a period of not more than thirty (30) 
days or both as the circumstances may warrant. 
SEC. 209. Removal of Adfr/inistrative 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 he/she may impose 
in the interest of the service. 
Title II - Prohibitions 
Chapter 1. Limitation on Appointments 
SEC. 210. Appointmenfof Elective Officers. - Except as provided for in 
the Constitution, no elective officer shall be eligible for appointment or 
designation in capacity to any public office or position during his/her tenure. 
44 


SEC. 211. Candidate Who Lost in an Election. - No candidate who lost i 
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, and local government units, Neither can they be hired within 
the same period as conSUltants or under contracts of services/job orders in said 
entities. 
SEC. 212. Resignation Before Election. - A person who resigned from 
the service within three (3) months before any election could engaged in any 
political activity shall not be eligible for re-employment in the government during 
the six month period foil owing such election. 
SEC. 
213. 
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. 
SEC. 214. Prohibition During Election Period. - No appointment, 
whether original transfer, reemployment reappointment, renewal, promotion and 
tlemotion, 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) A vacancy occurred during the prohibited period; 
(b) There is need to fill up the vacancy immediately in order not to prejudice 
public service and/or endanger public safety; 
(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. 
All appointments issued before 3he 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. 215. Prohibition Against Appointments by an OutgOing 
Appointing Authority. - No appointment in national 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 his/her term of office or 
retirement. This 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 
45 


• 
resign but shall not be more than three (3) months from the effective date of 
resignation. 
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. 
SEC. 216. 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 supervi'sion 
over regular and career personnel in the government. 
SEC. 217. Contract of Service - A person issued a contract of service 
shall not discharge duties pertaining to a career or non-career service position, 
The agency may, however, enter into a contract. of service to undertake a piece 
of work for the government for a specific period. 
SEC. 218. 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 the Philippines, the Philippine National Police or to any penal or 
correctional institution, or any government orphanage or leprosarium, 
SEC. 219. 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, or 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, 
The following positions are exempt from the operation of the law and rules 
on nepotism: 
(a) Primarily confidential; 
(b) Highly technical; 
( c) Policy-determining; 
(d) Teacher and professorial,'staff; 
The term 'teacher' shall refer only to those actually performing classroom 
instruction in both public elementary and secondary schools. Professional staff 
shall denote members of the faculty 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-professional/non-academic positions shall not be cowered 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 
46 


local governrnent units or who were affected by reorganization or to any member 
of a personnel selection board. 
Chapter 2. Other Prohibitions 
SEC. 220. Political Activity. - Civil servants may become members of 
political parties, express their views on current political problems or issues, and 
support the candidates 0 their choice However, they may neither engage in any 
electioneering nor may they use official authority to influence or coerce the 
political activity of any person or organization. 
SEC. 221. 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, and local 
government units. 
SEC. 222. 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. 223. 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. 224. Courtesy Resignation. - It shall be unlawful for any public 
officer, elective or appointive, to require public officers and employees within 
his/her jurisdiction to submit courtesy resignations for whatever reason or 
purpose. 
SEC. 225. 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 agencylofficeAoca1 
government unit which his/her unit is assigned or designated to oversee within 
one (1) year after termination of such assignment or designation. 
BOOK IV. MISCELLANEOUS PROVISIONS 
Title I - Termination of Employment 
Chapter 1. Modes of Termination 
SEC. 226. Modes of Termination - The following are modes of 
terminating: 
(a) Resignation - A public officer or employee shall be considered separated 
from service effective on the date of acceptable of the resignation by the 
employment in the government; officer authorized to do so. 
47 


(b) Candidacy - An appointive public officer or employee shall be ipso facto 
separated from the service on the date of the filing of certificate of 
candidacy for an elective position. 
(c) Death - Upon proof of death, the public officer or employee shall or 
employee shall automatically be recorded as separated from the service. 
(d) Permanent Disability - In case of permanent disability which shall render 
the public officer or employee incapable of performing the official duties, 
the department of agency head may terminate such public officer or 
employee. 
(e) 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 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. 
(f) 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 food other grounds 
under existing rules, shall be dropped from the service in accordance with 
the regulations promulgated by the Commission. 
(g) 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. 
(h) 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 his/her services is extended 
by the Commission in accordance with its rules and regulations. Optional 
retirement pursuant to law likewise terminates official relations. 
(i) Expiration of Temporary Appointment - The employee with temporary 
appointment of a public officer or be terminated upon the expiration of the 
appointment. 
U) Disapproval of Appointment - The services of a public officer or employee 
is considered termination. upon the final disapproval of the appointment by 
the Commission. 
SEC. 227. 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 1\ - Fees and Authority to Administer Oaths 
Chapter 1. Fees 
SEC. 228: 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 arc not provided by law or regulation. No fees shall be collected in 
examinations given for the selection of scholars. 
Chapter 2. Authority of Public Officers to Administer Oaths, Take 
Testimony, and Prosecute Cases in Court. 
48 


• 
SEC. 229. 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 III - Fiscal Autonomy and Use of Appropriations and Income 
Chapter 1. Fiscal Autonomy 
SEC. 230. 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 regularly released. 
The Commission shall have the flexibility to utilize its appropriations, and 
its income, for operating and capita] expenses, acquisition, supplies, repairs and 
maintenance of office equipment and facilities subject to provisions of law. 
Chapter 2. Authority to Use Appropriations and Income 
SEC. 231. 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 IV'- Transitory Provisions 
Chapter 1. Funding 
SEC. 232. 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 expenses 
of the Commission including the salaries, allowances and other emoluments of 
its public officers and employees in its central, regional and field offices and for 
its projects and activities, subject to the accounting of expenditures. 
Chapter 2. Final Provisions 
SEC. 233. Abolished Offices. -
All Commission Public officers and 
employees whose offices are abolished by virtue of the provisions of this Code 
shall be absorbed in the Central, Regional, and field offices of the Commission 
with no diminution of status, rank and salary. 
49 


SEC. 234. 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. The disbursing public officers shall make payment 
to the employees of such amount from the salary of the public officers so liable. 
SEC. 235. Liability of Disbursing Public Officers. -
Except as may 
otherwise be provide 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 govemment or its instrumentalities. 
SEC. 236. 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. 
SEC. 237. Criminal Liability -
whoever makes any appointment or 
employs any person in willful violation of this Code or the rules and regulations 
issued 
thereunder; 
or whoever commits 
fraud, 
deceit, 
or intentional 
misrepresentation of material fact conceming 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 (P10,000.00) 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 tiny 
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 re-appointment order. 
SEC. 238. Authority of issue Rules. - 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. 239. 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 j987, Executive Order No. 
180 and Book V, Title I, 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 63, 77 and 79 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. 240. Supplemental Applications. - The Rules of Court shall have 
supplemental application to this Code. 
SEC. 241. Separability Clause. - 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. 
50 


• 
• 
SEC. 242. 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. 
SEC. 243. Effectivity. -This Code, shall take effect thirty (30) days 
following its publication in the Official Gazette or in a national newspaper of 
general circulation in the Philippines. 
Approved, 
51