REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES = pare APR IQ
Quem Cy | tae agi
SEVENTEENTH CONGRESS -
First Regular Session

House Bill No. 5477

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

EXPLANATORY NOTE

At present, the pieces of legislation governing the Philippine Civil Service remain
scattered in different laws, decrees, and letters of instructions and executive orders. The
absence of a comprehensive civil service law has sometimes caused confusion among civil
servants, to say the least. Many laws overlap and some have become obsolete.

This bill seeks to codify all laws and relevant issuances governing the civil service into a
single, comprehensive statute. The goal is to finally have an ultimate legal authority on the
Philippine Civil Service System. There is an urgent need to update and gather all civil
service and related laws to address the ever changing needs of the times.

‘This proposed Civil Service Code seek to address deeply rooted problems besetting the
public service such as graft and corruption, red-tape, violations of government employee
rights and the merit system, among other things specifically the right to security of tenure
and the right to due process of law; violations of the merit and fitness principle: partisan
political activities; inadequate benefits and privileges of employees; organization
ineffectiveness and the unnecessary delays in frontline services delivery.

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

. ALEJANO.

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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5477

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

AN ACT
ESTABLISHING THE PHILIPPINE CIVIL SERVICE REFORM CODE AND
FOR OTHER PURPOSES

Re it enacted by the Senate and House of Representatves of the Philippines. in
Congress Assembled:

BOOK 1. GENERAL PRINCIPLES,
Title 1 — Policies
Chapter 1. Declaration of Policy

See. 1. Short Title. - This Act shall be known as the “Philippine Civil Service
Reform Code of 2017"

Sec. 2. Declaration of Policy. ~ The State recognizes the primary, important and
enduring role of the civil service in implementing the laws, providing stability,
continuity and efficiency in government operations, managing public affairs and
ensuring the continuous delivery of public services in pursuit of the national
development goals of peace, human security and sustainable human development

‘The State shall afford a system that will develop. promote and sustain meritocracy,
accountability, integrity. and excellence in the goverment service and provide an
enabling environment towards the attainment of the ideals of good govemance,
transparency and accountability in government that will transform each government
official and employee into competent, high-performing, ethical, credible and world-class
servant-heroes

Chapter 2. Definition of Terms
See. 3. Definition of Terms. ~

a) Administrative Control — refers to the authority to act directly whenever a specific
function is entrusted by law or regulation to a subordinate; direct the performance of
duty; restrain the commission of acts: review. approve, reverse or modify acts and
decisions of subordinate officials or units: determine priorities in the execution of plans
and programs, and prescribe standards, guidelines, plans and programs


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b) Administrative Supervision — refers to the authority (of the department or its
equivalent) to generally oversee the operations and to ensure that they are managed
effectively, efficiently and economically, or to take such action as may be necessary for
the proper performance of official functions, including rectification of violations, abuses
and other forms of maladministration.

©) Agency — refers to any department, bureau, office, commission, administration,
board, committee, institute, government-owned or controlled corporation created under
special law, state/local university and college, local government unit, including the
Judiciary, executive and legislative branches of government.

d) Appointing Authority ~ refers to the person or body duly authorized (by law) to
‘issue appointments in the civil service system.

©) Appointment ~ refers to the authorization issued by the appointing authority in the
prescribed form allowing an appointee to occupy the position stated therein and to
perform the functions appurtenant thereto and receive the corresponding compensation

1) Career Executive System — refers to the system designed to professionalize and
promote career development among the executive and managerial component of the third
level in the career service.

2) Career Executive Service (CES) ~ refers to positions above division chief level
which involves executive/managerial functions in the Executive Branch of the
Government, regardless of the appointing authority

h) Career Executive Service Board (CESB) ~ (hereinafter referred to as the Board) ~
refers to the policy-making body responsible for the development, maintenance and
administration of the Career Executive System under the supervision of the Civil Service
Commission as provided herein.

i) Career Executive Service Eligible (CESE) ~ refers 10 a person who passed the
qualifying examination process set by the CESB but has not yet appointed to a
apposition in the CES

j) Career Executive Service Officer (CESO) - refers to a Career Executive Service
Eligible who is conferred a CES rank and appointed to a position covered by the CES,

k) Chairperson — refers to the Chairperson of the Civil Service Commission.

1) Civil Service — refers to the totality of persons employed to carry out public
Services in all branches, agencies, subdivisions and instrumentalities of government,
including government-owned or controlled corporations with orginal charters or created
under special laws, local government units and state/local universities and colleges

m) Civil Service Eligibility ~ refers to the qualification acquired by an individual after
passing a civil service examination or granted by special laws or by the Commission, for
entrance into and promotion in the civil service


1) Civil Service Eligible ~ refers to a person whose name has been entered in the
registry of eligibles as one who passed a civil service examination or is granted civil
service eligibility by law or by the Commission, (Passers or Board/Bar examinations are
automatically considered civil service eligibles pursuant to R.A No. 1080).

0) Civil Service Examination — refers to the test conducted by the Commission or any
agency authorized by law with or without assistance of the Commission, or in
coordination or jointly with it for the purpose of determining merit and fitness for
appointment in the civil service.

p) Class — refers 10 all positions in the civil service system that are sufficiently similar
as to the 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

q) Commission ~ refers to the Civil Service Commission.
1) Commissioner — refers to either of the two (2) other members of the Commission,

5) 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

1) Confederation of Employees Organizations — refers to alliances of employees”
organizations from national government agencies, state/local universities and colleges,
local government units, subdivisions and instrumentalities including government-owned
or controlled corporations with orginal charter with national scope of operations and
interests.

u) Consultant — refers to a person engaged under a consultancy contract by reason of
expertise not readily available from the career officials and employees, to perform highly
specialized functions for a limited duration with a definite output, having no employer-
employee relations with the contracting agency

¥) Consulting Services — refers to a professional practice that gives expert advice to
government agencies on civil service matters

w) Contract of Service — refers to employment under a service contract covering lump
sum work or intermittent job of short duration not exceeding six (6) months such as but
not limited to janitonal, security or consultancy services where no employer-employee

exists between the contracting agency and the employee who does not enjoy
the benefits enjoyed by government officials and employees Contract of service, which
includes job order and consultancy contracts, is not covered by Civil Service Law, rules
and regulations but by COA rules.

x) Department ~ refers to any of the department in the Executive Branch,

¥) Disciptining Authority — refers to the person or body authorized by law 10
discipline public officers and employees in the Civil Service (system).


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2) Employee — refers to any person employed in the Civil Service (system) of
whatever category or class up to division chief level

aa) Employee Organization — refers to any organization, union, of association of
employees, attached agencies and their regional offices, state/local universities and
colleges, government- owned oF controlled corporations with original charters and local
government units, which exists in whole or in part for the purpose of collective
negotiation or for mutual aid, interest, cooperation and protection.

bb) Federation — is a grouping of organic employees’ organizations from different
regional offices. attached bureaus, institutions, subdivisions and instrumentalities of a
given agency.

cc) Grievance — refers to work-related issues giving rise to employee dissatisfaction.
dd) Grievance procedure — refers to the process of resolving employee grievances
ce) Highly Technical Position ~ refers to a position which requires the occupant to

possess skill or training in a supreme or superior degree, as determined by the
‘Commission or with its approval.

M1 Human Resource — refers to the people, including their qualifications,
competencies. talents and potentials, in the Philippine Civil Service including
management, development and utilization of the people in the Philippine Civil Service
towards the excellent and ethical achievement of vision of the organization.

4g) Human Resource (personnel) Actions — refers to any movement of officials and
employees in the civil service

hh) Human Resource Development (HRD) ~ is the strateyic framework that enhances
the value of the human resource by bridging competency gaps, maximizing existing
capacities and discovering and cultivating potentials through appropriate interventions

ii) Human Resource Management (HRM) ~ is the application of principles, systems
and processes in accordance with Civil Service Law and rules that facilitate the
‘engagement of human resource towards organizational integrity and excellence.

jj) Learning and Development ~ refers to the process of acquiring and developing
knowledge, skills, capabilities, behaviors and attitudes through experience, events and
programs provided by the organization. guidance and coaching provided by line
managers and others, and self-directed or self-managed learning activities

kk) Merit System — refers to an organized mechanism by which the selection,
utilization, compensation, reward and incentive, developmental intervention and
retention of officials and employees in the service are governed by comparative merit
and achievement

ll) Mobility — refers to a movement of a Career Executive Officer from one position to
another without reduction in rank or salary


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mm) _ Non-training - refers to interventions that are basically conducted for purposes
of sharing. discussing or disseminating ideas and information in particular fields of
imterests, and or for general understanding of certain issues which are intended to build
knowledge, attitude and skills

nn) Party Adversely Affected — refers to the respondent against whom a decision in an
administrative case has been rendered or to the disciplining authority in an appeal from a
decision reversing or modifying the original decision.

00) Organization Development (OD) — refers to the deliberately planned,
organization-wide effort, to increase an organization's effectiveness and/or efficiency
such as but not limited to strategic planning, organization design. leadership
development, and change management that align strategy, structure, systems, business
processes, and behavior into an effective organizational culture.

pp) Organizational Unit ~ refers to an identifiable government unit, such as those in
the constitutional bodies and their regional offices; the executive department including
services and staff bureaus; line bureaus, attached agencies, the legislature, the judiciary,
state/local universities and colleges, subdivisions and instrumentalities of government
including government-owned or controlled corporations with orginal charters;
provinces, cities and municipalities; regional offices (composed of provincial, district,
local offices) of a department/agency, office, or govemmment-owned or controlled
corporations, and. as may be considered by the Commission.

qq) Policy-determining Position — refers to a position which vests in the occupant the
power to prescribe (formulate) policies for the government or any of ils agencies,
subdivisions or instrumentalities.

11) 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, with corresponding
pay scale/salary grade,

ss) Primarily Confidential Position — refers to a position where the occupant enjoys
much more than the ordinary confidence of the appointing power but bears such close
intimacy which ensures freedom of intercourse without embarrassment which relieves
the latter from misgivings of betrayal of personal trust on confidential matters

it) Prohibited Concerted Mass Action — refers to any collective activity undertaken
by officials or employees, by themselves or through their employees” organizations, with
the intent of affecting work stoppage or service disruption in order to realize their
demands or force concessions, economic or otherwise. from their respective agencies or
the government. It shall include mass leaves, walk-outs, pickets and acts of similar
nature.

uu) Public Official/Officer — as distinguished from an employee, refers to an individual
whose functions are (essentially) managerial of executive in nature, above the division
chief level (and invested by law with a portion of the sovereignty of the state).


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vy) Qualification Standards — refers to the minimum requirements for a class of
position expressed in terms of education, training. experience. civil service eligibility,
physical fitness and other qualities and competencies required by the job.

ww) Rank — refers to the index of classification of Career Executive Service Officers
(CESO) to which a Career Executive Service Eligible (CESE) may be appointed by the
President in accordance with the requirements prescribed by the Board.

xx) Rank-and-file — refers to employees occupying positions in the first and second
levels up to division chief level

yy) Reorganization — refers to the process of restructuring an avency’s organizational
‘and functional set up, whether total or partial, with the end view of making it more
‘economical. effective, efficient and responsive to the needs of the service.

2) Scholarship - refers to the free formal education or traming/learning and
development opportunities granted to government human resource by the government.

aaa) Solo Parent — refers to any individual who falls under any of the categories as
enumerated in R.A. No. 8972, otherwise known as the Solo Parents Welfare Act of 2000,

bbb)Teacher — refers to a person engaged in classroom teaching, in any level of
instruction, on full time basis, including @ guidance counselor, schoo! librarian, industrial
arts or vocational arts instructor and any other person performing supervisory and/or
administrative functions in any school, college or university operated by the government
or its political subdivision, but shail not include a school nurse, school physician, school
dentist and other school employees.

coc) Technical Assistance — refers to the timely provision of specialized advice and
customized support by CSC to resolve specific problems and increase client’s capacity
on Civil Service matters.

ddd)Third Level — Refers to the highest level in the career service of the Civil Service
System which includes positions higher than the chief of division and performing
executive and managerial functions in all branches of government, including
constitutional offices, based on the position classification system of the Department of
Budget and Management and the Civil Service Commission.

eve) Training - refers to a short term instructor led and content based learning
intervention intended to build on individual knowledge, skills and attitude leading to
desired changes in behavior to meet present and future work requirements

Chapter 3. Rights and Obligations of Public Officials and Employees
in the Civil Service System

Sec. 4. Rights. — Public officials and employees in the civil service system shall
have the right to:

(a) Security of Tenure,

(b) Exercise the authority attendant 10 their positions;


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{c) Enjoy leave, welfare, retirement and other benefits and service,

(d) Self-organization or to form and jom unions, associations, federations,
confederations, societies, of alliances 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

(0) Enjoy such other rights provided by law
See. 5. Obligations. ~ Public officials and employees in the Civil Service shall:

(a) Uphold and defend the Constitution and laws of the Republic of the Philippines;

(b) Maintain allegiance to the State and the Constitution at all times:

(©) Take and subscribe to an oath before assumption of office;

(d) 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,

(e) Discharge their duties faithfully and maintain the required level of productivity of
their positions for the benefit of the public:

(0, Submit upon assumption to duty and as often as may be prescribed by law, a swom
Statement of Assets, Liabilities and Net Worth (SALN) and disclosure of business
interests and financial transactions;

(g)_ 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:

(h) Undertake programs of self-<development to improve their performance and levels of
service, and

(i) Perform such other obligations as may be provided by law
‘Title 1 — Scope of the Civil Service System
Chapter 1. Positions in the Civil Service

See. 6. Coverage. ~ The civil service embraces all civilian personnel serving in,
branches, agencies, subdivisions and insirumentalities of government. state/local
universities and colleges, government-owned ot controlled corporations with original
charters or created under special laws, and local government units.

Sec. 7. Administration of the Civil Service. ~ As the central (personnel agency)
human resource institution 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, non-
partisanship, courtesy and gender-sensitivity in the civil service, strengthen the merit and


rewards system, integrate all human resource development programs for all levels and
ranks therein and institutionalize a management climate conducive to public
accountability.

Sec. 8, Categories of Positions. ~ Positions in the Civil Service System shall be
categorized as career and non-career.

Sec. 9, The Career Service. — The career service shall be characterized by (a)
‘entrance based on merit and fitness to be determined, as far as by
competitive examinations or on highly technical qualifications, (b) opportunity for
advancement to higher career position, and (c) performance-based security of tenure,
‘subject to the rules to be promulgated 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 any level in the career service which
requires qualification in an appropnate examination or other modes in accordance with
law;

(b) Closed career position — positions that are scientific or highly technical in nature
which shall establish and maintain their own merit systems, such as the following:

(1) Faculty and academic staff of state/local universities and colleges,

(2) Highly technical positions in scientific positions in the scientific or research
institutions,

(3) Uniformed and commissioned personnel of the Philippine National Police, or

(4) Other carcer officers such as the Foreign Service Officers in the Department of
Foreign Affairs and the judges and justices in the judiciary, and

{c) Permanent laborer, whether skilled, semi-skilled, or unskilled

See, 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 oF supervisory capacity not requiring a baccalaureate degree,

(b) Second Level — includes professional, highly technical or scientific positions in a
supervisory or non-supervisory capacity requining at least a baccalaureate degree or its
‘equivalent as determined by the Commission, and

(©) Third Level ~ includes all the executive and managerial positions in the career
service regardless of the appointing authority

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. Entrance to a higher level does not require previous qualification in the
lower level

Sec. 12. The Non-Carcer Service. — The non-career service shall be characterized
either by (a) merit and fitness to be determined by modes other than those of the usual
tests utilized for the career service; (b) tenure which is limited to a period specified by
law; or which is co-terminus with that of the appointing authority: or subject to his/her
pleasure; or which is limited to the duration of a specific project for which purpose
employment was made. or (c) 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 officials and their personal and primarily confidential staff.

(b) Department Heads and other officials of Cabinet rank who hold their positions at the
pleasure of the President and their personal and primarily confidential staff,

(©) Chairmen and members of constitutional commissions and other commissions,
boards and other bodies with fixed terms of office and their personal and primarily
confidential staff:

(@) Non-career undersecretaries and non-career assistant secretaries and their personal
and primarily confidential staff;

(©) Contractual employees whose appointmenvemployment is in accordance with a
special contract) for a maximum period of one year engaged to undertake a specific work
or job which requires special knowledge and/or technical skills not available in the
employing agency.

(f) Emergency, casual and seasonal (personnel) employees; and

(g) Those whose positions may be declared as primarily confidential by the
Commission

‘Title Hl — The Civil Service Commission

‘Chapter I. Composition, Duties and Functions

‘Sec. 14. Composition. - The Commission shall be composed of a Chairperson and
two Commissioners. As far as practicable, at least one of them must be a lawyer and of a

different gender

See. 15. Qualifications of the Chairperson and Commissioners. ~ The Chairperson and
Commissioners shall be natural-borm citizens of the Philippines, and at the ume 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.


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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.

See. 18. Prohibition. — No Member of the Commission shall, during his/her tenure,
hold any other office or employment. 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 may
be affected by the functions of his/her office, nor shall he/she be financially interested,
directly of indirectly. in any contract with, or in any franchise or privilege granted by the
government, any of its subdivisions, agencies, or mstrumentalities, including
government-owned or controlled corporations with original charters or their subsidiaries

See. 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 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,

(c) Promulgate rules concerning pleadings and practice before it and other government
offices with quasi-judicial and administrative disciplinary functions, which shall not
diminish, increase or modify substantive rights,

(4) Promulgate policies, standards and guidelines for the civil service system and adopt
plans and programs to promote ethical, economical, 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 set standards for the establishment,
allocation and reallocation of positions;

(0) Render decisions. orders or rulings on civil service matters which shall be binding on
heads of departments and agencies and immediately executory and may be brought only
to the Supreme Court on certioran:

{g) Impose administrative penalties on any appointive member of the career or non-
career service regardless of appointing authority, save those whose appointments are
subject to confirmation by the Commission on Appointments and/or removable by
impeachment, for cause and after due process.

(h) Control, supervise and coordinate Civil Service Examinations Any government
agency or public official may be called upon by the Commission to assist in the

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preparation and conduct of the said examinations. Such assistance includes, but is not
limited to, the provision of personnel and security, the use of buildings and facilities, as
well as the transportation of examination materials which shall be exempt from

inspection regulations,

(i) Grant civil service eligibility to qualified applicants based on law, Civil Service
examination results, performance, training. education, qualifications and other similar
standards, subject 1o the guidelines it may prescribe;

(j) Prescribe all forms for Civil Service Examinations, appointments, reports and such
other forms as may be required by law, rules and regulations of the Commission:

(k) Have exclusive jurisdiction over cases involving examination irregularities
committed by government officials and employees, elective or appointive, and regardless
of agencies they are connected with, except impeachable officials. Private individuals
may likewise be proceeded against by the Commission for the purpose of perpetual
disqualification to take Civil Service Examinations and from being employed in any
agency of government,

(I) Direct any government official, employee or agency to provide assistance and
information necessary in the effective discharge of its responsibilities,

(m) Declare, when appropriate, positions in the
confidential, highly technical or policy-determining:

1 Service System as primarily

{n) Provide leadership, standards and policies in the development, administration, and
evaluation of programs relative to the selection and recruitment, learning and
development, and retention of qualified and competent work force in the civil service,

(0) Administer service-wide scholarship, foreign and local. and retirement programs,

(p) Integrate bureaucracy-wide human resource development programs which include
learning and development, performance management, and incentives and awards,

(q) Hear and decide administrative cases and other Civil Service matters brought before
it directly or on appeal, including disciplinary matters, contested appointments or human
resource actions. The decisions, orders or rulings of the Commission may be brought by
the aggrieved party to the Supreme Court on certiorari:

(8) Issue subpoena ad testificandum and/or subpoena duces tecum for the production of
documents and records pertinent to investigation and inquiries conducted by it in
accordance with its authority conferred by the Constitution and pertinent laws,

(s) Issue a writ of preliminary injunction or Temporary Restraining Order (TRO) for a
period to be set by the Commission when, on the basis of the allegations in the petition,
the Commission determines that the acts complained of or petitioned for. involving or
arising from any human resource actions or civil service matters, if not restrained or
performed immediately, may cause grave or irreparable injury to any party or render
ineffectual any decision of the Commission on matters brought before it;


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(1) Deputize officials and/or employees of the Commission and/or of other departments
and agencies to investigate and hear cases and to submit their findings and
recommendations to the Commission. For this purpose. officials and/or employees so
deputized may issue suhpouna ad testificandium and/or subpoena duces tecum:

(u) Punish for contempt, direct and indirect, officials, employees and other persons for
refusal or failure to comply with the decisions. orders. rulings or processes and
proceedings of the Commission,

{v) Delegate any power or function of the Commission to its regional or field offices,
(w) Review and modify or reverse decisions and actions of ils offices,

(x) Enforce and execute its decisions, orders and rulings, and for this purpose, deputize
any national or local Inw-enforcement agency or instrumentality of the government
Which shall act under the direct and immediate supervision of the Commission;

{y) Advise the President on all matters involving human resource management in the
civil service and submit to the President an annual report on human resource programs:

(2) Approve, disapprove, or otherwise act on all appointments, except
subject to the confirmation of the Commission on Appointments, and other human
resource matters in the civil service:

(aa) Inspect and audit the human resource actions and programs of the departments,
agencies, bureaus, offices. and other instrumentalities of the goverment, including
government-owned or controlled corporations with original charters and agencies
created under special laws, local goverment units, state“local universities and colleges;
conduct periodic review of the decisions and actions of offices or officials to which
authority has been delegated by the Commission and apply appropriate sanctions
Whenever necessary,

(bb) Prescribe and enforce rules and regulations to promote and ensure safe, healthy and
proper working conditions for officials and employees:

(cc) Keep and maintain human resource records, extend and accredit govemment service
of public officials and employees.

(dd) Delegate authority for the performance of any of its functions to other departments
and agencies where such functions can be effectively performed,

(ee) Appoint and discipline is officials and employees in accordance with law and
exercise control and supervision over the activities of the Commission,

(f) Administer programs that will foster an honest and grafi-free public service,
including but not limited to the encouragement and protection of persans who report to
proper government authorities anomalies and irregularities in government operations.


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(ve) 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

(hh) Exercise all powers and perform the functions properly belonging to a central
Human Resource institution

Sec. 20. Duties and Responsibilities of the Chairperson and the Commissioners. —
‘The Chairperson and the two Commissioners shall be responsible for the effective
exercise of the rule-making, policy-formulation and adjudicative functions of the
Commission. They shall decide by # majority vote on any case or matter brought before
the Commission within sixty (60) days from the date of its submission for decision or
resolution

(a) 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 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 review, revision
and approval;

5. Transmit to the President, rules and regulations adopted by the Commission which
require presidential attention including annual and other reports,

6 Delegate authority, in whole or in part, to other officials and employees of the
Commission, in accordance with the rules and regulations of the Commissions, and

7. Perform such other functions as may be provided by Law

(b) The Chairperson shall be an ex-officio member of the board of directors and
governing body of government entities whose functions affect the competencies. career
development, employment status, rights, privileges and welfare of public officials and
employees, as determined by the Commission, such as the Government Service
insurance System (GSIS), Foreign Service Institute (FSI), Board of Foreign Service
Examinations (BFSE), Foreign Trade Service Board (FTSB). Board for Professional
Teachers (BPT), Scientific Career Council (SCC), Development Academy of the
Philippines (DAP), Home Development Mutual Fund (HDMF), Philippine Health
Insurance Corporation (PhilHealth) and other similar boards as may be created by law,
He/She shall be Co-Chair of the Board of Foreign Service Examinations (BFSE), the
Scientific Career Council (SCC) The Chaurperson may delegate any of these
fesponsibilities to any of the Commissioners and other ranking officials of the
Commission.


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(©) The Commissioners may perform such flinctions as may be delegated by the
Commission. In the absence of the Chairperson owing to illness or incapacity, the senior
Commissioner shall act as. and perform the functions of the Chairperson.

Sec. 21. Commission Proceedings. ~ The proceedings of the Commission shall be
in aceordance with such rules as it may adopt

Chapter 2. Organization and Structure

Sec. 22. Offices in the Commission. ~ The Commission shall have the following
offices.

a) Office of the Assistant Commissioners

b) Office for Legal Affairs

c) Examination, Recruitment and Placement Office
d) Human Resource Policies and Standards Office
e) The Civil Service Institute

f) Public Assistance and Information Office

2) Employee-Management Relations Office

h)  Imegrated Records Management Office

i) Office for Strategy Management

j) Office for Financial and Assets Management

k) Office for Human Resource Management and Development
1) Imtemal Audit Service

m) Commission Secretariat and Liaison Office

n) Regional/Provincial/Field Offices

See. 23. The Office of the Assistant Commissioners (OAC. ~ The Office of the
Assistant Commissioners (OACs) shall provide managerial and 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. There shall be no more than five (5) Assistant
Commissioners at any given time.

Sec. 24, Office for Legal Affairs (OLA). ~ The OLA shall provide the Commission
with legal advice and assistance, render counselling services: undertake legal studies and
researches, prepare opinions and rulings in the interpretation and application of the Civil
Service Law, rules and regulations including the provisions of this Code, prosecute
violations of such law, rules and regulations and represent the Commission before any
court or tribunal. The Office for Legal Affiurs shall be headed by an Assistant
Commissioner who shall be assisted by two Directors I.

Sec. 25. Examination, Recruitment and Placement Office (ERPO). — The ERPO
shall take charge of developing, enhancing. controlling, supervising and coordinating
pertinent schemes in the granting of civil service eligibility such as but not limited to
administration of Civil Service examinations. It shall also take charge of formulating
programs, policies. standards and guidelines in the certification and placement of civil
service eligibles.


Sec. 26. Human Resource Policies and Standards Office (HRPSO). ~The HRPSO
office shall take charge of the formulation and periodic review of qualification, selection,
performance and promotion standards, including employee incentive, benefits and
‘awards system, within the context of the merit and rewards policies of the various closed
and open carer systems

‘The office shall develop policies and regulations with respect to the administration,
maintenance and implementation of position classification and compensation as well as
standards for the establishment, allocation and reallocation of pay scales, classes and
positions

The HRPSO shall also develop policies, programs and regulations relative to
performance management, as well as the inspection and audit of personne! mechanisms
in the government agencies,

Sec, 27. Civil Service Institute (CS). ~ The CSI shall be the leaning and
development arm of the Commission and shall be responsible for the planning,
implementation, and administration of programs for building and enhancing competence,
ethics, and accountability of public servants.

It shall formulate policies, programs, and standards and provide leadership for the
development of competency-based training and other HROD interventions for the
bureaucracy: imtegrate all human resource development programs for all levels and
ranks, and administer service-wide local and foreign scholarship programs, The office
shall be headed by an Executive Director

Sec. 28. Public Assistance and Information Office (PAIO). ~ The PAIO shall
manage an effective information exchange system between the Commission and its
internal and extemal publics. Its functions include maintaining strong linkages with
media institutions/practitioners as well as undertaking special projects, such as but not
limited to, the CSC anniversary celebration and the Honor Awards Program, necessary
in carrying-out its dual role of information dissemination and feedback generation
relative to the operations, programs and thrusts of the Commission.

Sec. 29. Employee-Management Relations Office (EMRO). — The EMRO shall
take charge of all inter- and intra-public sector union concems such as employee
relations standards, conciliation, registration and accreditation of employees”
organizations and registration of CNA’s, including advocacy work. It shall also serve as
the secretariat of the Public Sector Labor-Management Council (PSLMC) and the
coordinating office of the National Worker's Congress. Ii shall conduct research and
training on public sector unionism, as well as design and develop public sector
employee-management education programs. The office shall also promote social
dialogues between and among employees’ organizations and other national and
international organizations to enhance government services.

Sec. 30. Integrated Records Management Office (IRMO). ~The IRMO shall
formulate and implement policies, standards and regulations pertaining to the storage.
maintenance, security control, and disposal of government personnel records and other
related civil service documents. Management of such records includes maintenance of

Is


the resource center for computer-based information, the library, the archives, and the
museum of the Commission.

IRMO shall also be responsible for the management of incoming and outgoing
communications of the Commission

Sec. 31. Office for Strategy Management (OSM). — The OSM shall formulate
development plans, programs and projects of the Commission as well as administer
management improvement programs. It shall also undertake research and studies on the
effectiveness of strategies adopted by the Commission in attaining its Vision and
Mission and proposed measures to further improve the same.

Sec. 32. Office for Financial and Assets Management (OFAM). ~The OFAM
shall take charge of ensuring sound fiscal and asset management consonant with the
annual, supplemental and special budget of the Commission as contained in the General
Appropriations Act

Sec. 33. Office for Human Resource Management and Development (QHRMD). ~
The OHRMD shall take charge of formulating the human resource management and
development plan of the Commission, which includes development of sound policies on
human resource management in the areas of recruitment and selection, employee welfare
and discipline, career development programs as well as position classification and pay
plan of the Commission.

Sec. 34, Internal Audit Service (IAS). ~ The JAS shall oversee the periodic
evaluation of existing methods and procedures. including financial systems, in the
Commission and on the basis of such, formulate plans and programs relative to fiscal
discipline and management improvement and productivity of the Commission,

Sec. 35. Commission Secretariat and Liaison Office (CSLO). ~ The CSLO shall
tke charge of programming and coordinating regular and special meetings of the
Commission. Its function includes efficient information management and maintenance of
all records, decisions, policies, pronouncements and issuances of the Commission.

The CSLO shall also be the main liaison with Congress and local and international
institutions with which the Commission has commitments.

Sec. 36. Regional/Provincial/Field Offices. — The Regional/Field Offices shall
enforce Civil Service rules, policies and standards on human resource management
within their respective jurisdictions. They shall provide technical advice and assistance
to government offices and agencies regarding human resource administration such as but
not limited to examination, career development, appointments, legal matters, audit and
other functions delegated by the Commission.


Title TV ~The Third Level

Chapter L. The Career Executive Service

Sec. 37. Coverage - The Career Executive Service shall cover the
executive/managerial positions in the third level of the career service in the Executive
Branch of the government, regardless of the appointing authority, It covers positions
above division chief level involving executive and/or managerial functions in
Departments, attached agencies, government-owned or controlled corporations and state
universities and colleges regardless of the appointing authority

SEC. 38. The Career Executive System. — "The System shall cover all executive and
managerial positions in the Career Executive Service, as defined in Section 3 hereof.
Entry and advancement in the System shall be governed by the principles of merit and.
fitness and such other requirements, as may be prescribed by the CESB. The System
shall be essentially characterized by the principles of merit and fitness, security of tenure
and mobility:

SEC. 39. Career Executive Service Board (CESB). — A Career Executive Service
Board, hereinafter referred to as the Board, under the supervision of the Civil Service
Commission is hereby created. It shall be composed of the Senior Commissioner of the
Commission who shall serve as the Board’s ex officio Chairperson and four (4) ex
officio members, namely: the Secretary of the Department of Budget and Management
(DBM) or his/her permanent representative holding a position not lower than an
Undersecretary, the President of the Development Academy of the Philippines (DAP);
the Dean of the National College of Public Administration and Governance (NCP AG) of
the University of the Philippines; and the representative of a duly accredited national
federation or union of CESOs. The Board shall also include three (3) members to be
appointed by the President for a term of three (3) years, namely: a representative of a
nationwide association of personnel and/or human resource practitioners in the private
sector, a representative of the Philippine Association of Professional Regulatory Board
Members (PAPRBM) and a representative of the Office of the President.

SEC. 40. Powers and Functions of the Board, ~ The Board shall be the policy-
making body for the System. It shall promulgate rules, standards and procedures in the
recruitment, selection, assignment 10 positions, attestation of appointment to CES
positions, conferment of ranks, classification, compensation, mobility, performance
management, tour of duty, rewards and incentives and training, and career development
of CESOs and CESEs: Provided, That in the exercise of its power of supervision, the
Commission may motu proprio review, revise or reverse any policy of the Board within
‘a period of thirty (30) days from recespt of written notice thereof: Provided, further, That
if the Commission does not act within the said period, the subject policy of the Board
shall be deemed as presumptively approved by the Commission

SEC. 41. Office of the Career Executive Service (OCES), ~ The Office of the
Career Executive Service (OCES) shall serve as the Board's secretariat with its own
Administrative and fancial components hal be responsible forte implementation
of the policies. rules, regulations, decisions, directives and instructions pertaining to the

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System. It shall be headed by an Executive Director, who shall be appointed by the
President, assisted by two (2) Deputy Executive Directors, both of whom shall be
appointed by the President

‘Chapter IL. Policies and Standards in the Career Executive System

SEC. 42. Membership in the Career Executive System. ~ A person who meets the
academic, leadership, experience and other requirements and passes the required
examination prescribed by the Board shall be included in the register of CESEs and,
upon appointment to an appropriate rank in the CES, shall become an active member of
the CES. A CESE who is appointed 10 a position in the CES shall be recommended for
onginal appointment to CESO rank by the Board This process completes his/her
membership in the CES. Recruitment into the System shall be conducted government-
wide with provisions to allow qualified or outstanding, persons from the nongovernment
or private sector to enter the CES.

SEC. 43. Security of Tenure. — A CES incumbent shall enjoy security of tenure in
the CES based on eligibility, and shall not be suspended nor dismissed except for cause
and with due process of law.

SEC. 44. Composition. A CESO shall be compensated according 10 rank and
performance In case a CESO occupies a position whose salary grade is higher than that
of the rank the CESO ts holding. the CESO shall receive the difference between the
salary grade of the position and the rank The Board, in coordination with the
‘Commission and the DBM, shall develop and periodically review a compensation plan
for CESOs. The employing agency shall provide the funds to pay the salary, fringe
benefits and allowances of a CESO.

SEC. 45. Rank System in the Career Executive System. — A CESO shall be
appointed in accordance with a rank system which shall be established and determined
by the Board Rank classification shall be based on proven competence and
(qualifications such as appropriate academic and professional background, broad levels of
responsibility and other relevant considerations as may be prescribed by the Board

SEC, 46, Promotion in Rank. — The Board shall provide for the criteria which shall
be the basis for promotion in rank. The criteria to be established shall include, but shall
not be limited to, performance, qualifications and proven competence. The Board shall
recommend to the President qualified CESOs who meet the criteria prescribed by the
Board for promotion in rank.

SEC. 47. Mobility in the Career Executive System. — A CESO may be assigned to
‘any position in the System without diminution in rank and salary. The tour of duty of
each CESO shall be for a period of three (3) years. During this period, the CESO shall
not be transferred to another office or position without consent. In filling a vacancy, the
head of agency shall give preference and priority to those who have been appointed to
rank or conferred CES eligibility. The Board shall provide information on vacancies, an
updated list of available qualified persons who may be assigned. and such other
mechanisms to assist the head of agency in the process of selection


SEC. 48. Appointment tw Positions in the Career Executive System. — \ CESO
and CESE shall be given priority in appointments to vacant positions in the System. In
exceptional cases. a non-CESO and non-CESE may be appointed to a position in the
System on a temporary status but may be replaced once a CESO or CESE becomes
available. Career undersecretaries, assistant secretaries and other officials of similar rank
in the System shall preferably come from the roster of CESOs and CESEs, The
appointing authority shall choose from a list of at least three (3) eligibles who are
qualified, available and willing to be appointed to the vacant position. The number of
career undersecretaries, assistant secretaries and other officials of similar rank appointed
{0 positions in the government shall conform to the number set by law. The Commission
shall establish a mechanism to ensure that assignments to positions in the System
conform to the standards prescribed under this Act

SEC. 49. Discipline. — Investigation and adjudication of administrative complaints
‘against occupants of positions in the CES appointed by the President shall be vested with
the President. In the case of non-presidential appointees, the same shall be vested
concurrently with the head of the agency and the Civil Service Commission.

SEC. 50. Training and Career Development. ~ The Board shall establish a
continuing program of training and career development of CESOs and CESEs.

SEC. 51. Performance Management. ~ The Board shall develop a system for
periodic evaluation of the performance of occupants of positions in the CES. taking into
account their accomplishments and managerial capability, This periodic evaluation
system shall be the basis for the grant of incentives and awards, as well as for sanctions

for poor

SEC, 52, Review and Evaluation of the CESB System. ~ After the first three (3)
years of implementation of this Act and every three (3) years thereafter, the Civil Service
Commission shall convene an evaluation body that will conduct the evaluation of the
Board and the OCES in order to assess the effectiveness of the CESB in managing the
System, The body shall be composed of no less than three (3) heads of public and private
institutions whose work is related to executive development within the framework of
developing countries like the Philippines. At least two (2) of them should come from
non-government organizations (NGOs)

‘The evaluation body shall conduct public consultations and indicate its evaluation
reports and recommendations which portions have been the result of the said public
consultations.

‘The evaluation body shall submit its report and recommendations to the Board, OCES,
CSC and the appropriate committees in Congress

BOOK IL. HUMAN RESOURCE POLICIES AND STANDARDS
Title L. Recruitment, Examination and Eligibility
See. 53. Policy, — Recruitment in the civil service system shall be made on the basis
‘of merit and fitness, which shall be determined, as far as practicable, by competitive

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‘examination, except for positions which are policy determining, primarily confidential,
or highly technical,

Every natural-born Filipino citizen, who is at least 18 years of age, shall have equal
access to, or opportunities for public service regardless of, among others, religious
belief, color, gender, regional origin, or ethnic affiliation. Measures shall be adopted to
include qualified members of indigenous cultural communities and other minority
groups and persons with disabilities for recruitment and selection.

Those who have more than one citizenship shall subscribe and swear to an oath of
allegiance to the Republic of the Philippines and its duly constituted authorities, and
shall renounce their oath of allegiance to any other country before assumpuon to office.

Sec. 54, Civil Service Examinations — ‘The Commission shall administer
competitive exammations for all levels in the career service.

The Commission shall determine the type, mode and frequency of the examination,
depending on the purpose for which the examination is given

‘As the exigency of the service requires, the Commission may conduct specialized civil
service examinations upon request of a particular department of agency, subject to its
rules and regulations.

See. 8, Qualifications of Applicants to Civil Service Examinations. ~ Admission
{o civil service examinations shall be limited to citizens of the Philippines, at least 18
years of age at the time of filing and who meet the requirements prescribed by the
‘Commission or by law, as the case may be.

See. 56, Invalidation of Civil Service Examination and/or Test Results. ~ The
Commission shall have the authority to invalidate civil service examinations and/or test
results based on reasonable grounds as may be determined by law or by the Commission

Sec. 57, Withholding of Test Results. — The Commission shall haye the authority
fo withhold test results in civil service examinations based on statistical improbability
and such reasonable grounds as may be determined by the Commission. Those whose
results are withheld shall undergo a validating examination.

Sec. $8. Disqualification of Examinces with Withheld Test Results. ~ The
examinees whose test results are withheld shall be disqualified to file an application for
any civil service examination until such time that the result of validating examination has
been released or as may be determined by the Commission.

Sec. $9. Assistance from Government and Private Parters in the Conduct of
Examinations. — Government and private partners shall provide assistance as the
Commission may require in the preparation and conduct of civil service examinations.

Sec. 60. 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

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Commission shall determine and provide the necessary security measures for this
purpose.

The procurement of security printing for the printing of Examination Materials shall be
exempt from the usual process provided under procurement law/s

Examination materials shall be exempt from inspection regulations during transportation

Sec. 61. Examining Committees, Test Administrators, Members of the Logistics
and Technical Teams, and Special Examiners, — The Commission may deputize
persons to act as members of examining committees. test administrators, members of the
logistics and technical teams, and special examiners to perform such duties as the
‘Commission may require. In the performance of such duties, they shall be under the
exclusive control and supervision of the Commission. The individuals so deputized may
be given allowances and per diem for their services to be paid out of funds allocated for
the particular examination and at a rate to be determined by the Commission. Expenses
for specialized examinations shall be bome by the requesting department or agency.

Sec. 62. Conferment, Grant and Revocation of Eligibility. ~ The Commission shall
have the power to confer the corresponding eligibility 10 successful examinees of civil
service examinations and grant civil service eligibility as may be so provided by law or
as the Commission may deem appropriate. The Commission shall also have the power
to revoke the eligibility based on reasonable grounds as may be determined by the
‘Commission.

Sec. 63. Register of Civil Service Eligibles. - The Commission shall maintain a
register of eligibles as basis for certification and appointment in the civil service.

Sec. 64, Passing of Bar or Board Examination ax Civil Service Eligibility. —
Successful examinees of bar or board examinations as well as those registered under the
particular boards to practice the corresponding profession without examination, shall be
considered civil service eligibles.

‘The Supreme Court and the Professional Regulation Commission (PRC) shall furnish the
Commission with the official list of successful examinees within thirty (30) days from
the release of the test results.

Sec. 65. Imprescriptibility of Civil Service Eligibility. — Civil service eligibilities
shall not prescribe.

‘Title 11. Appointments and Human Resource Actions

‘Chapter L. Selection and Appointment

Sec. 66. Publication/Posting of Vacancies. — Agencies shall submit to the
‘Commission a list of all vacant positions and the corresponding qualification standards
for publication in the CSC Bulletin of Vacant Positions. The published vacant positions
shall also be posted in three (3) conspicuous places for at least fifteen (15) calendar days
in government agencies.

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‘The Commission shall disapprove/invalidate any appointment which has been issued
without complying with the publication and/or posting requirements, except for positions
exempted therefrom by the Commission or by law. ‘The publication of a particular
vacant position shall be valid until filled but not to extend beyond six (6) months
reckoned from the date the vacant position was published

Sec. 67. Selection Process. — Each agency shall establish its own screening and
selection process in accordance with the standards and guidelines set by the
Commission.

A Selection Body (SB) shall be established for all levels in each agency to assist the
appointing authority in the judicious evaluation and selection of officials and employees
The body shall be established in accordance with the standards and guidelines set by the
Commission

Appointments issued without passing through the SB shall be disapproved/invalidated by
the Commission, except for positions which are no longer subject lo the screening of the
SB

Sec. 68. Requisites for Appointment. - Employment in the government service
shall be made through appomtment in accordance with the provisions of the
Constitution, this Code, other laws and the rules and regulations promulgated by the
Commission.

Sec. 69. Who May Appoint. — Appointment in the civil service system shall be
issued only by those authorized by the Constitution or by law including those designated
in an acting capacity. Those who are designated cannot exercise the power to appoint,
unless such power is expressly provided in the designation order

‘An official or employee may be designated as Officer-in-Charge (OIC) or in an Acting
capacity to a position when the incumbent thereof has retired, resigned, transferred or on
approved leave of absence for a period of at least three (3) months. In case when the
position is not vacant but the incumbent thereof is temporarily unable to perform the
duties due to official leave. attendance to conference. training or meeting. an official or
employee may be designated as Caretaker

‘The OIC enjoys limited powers which are confined to functions of administration and
ensuring that the office continues its usual activities. The OIC may not be deemed to
possess the power to appoint employees as the same involves the exercise of discretion
Which is beyond the power of an OIC, unless the designation issued by the proper
appointing authority expressly includes the power to issue appointment.

‘The designation in an Acting capacity entails not only the exercise of the ministerial
functions attached to the position but also the exercise of discretion, because the person
designated is deemed to be the incumbent of the position.

‘The Caretaker shall ensure the continuity in the operations of the office in the meantime
that the chief or head of office is temporarily absent.


For appointments to career positions, the appointing authority shall be guided by the
SB's comprebensive evaluation report of candidates screened for appointment and in the
exercise of sound discretion, select from among the top five (5) ranking applicants
deemed most qualified for appointment to the vacant position

See. 70. Qualifications for Appointment. — Appointment in the civil service system
shall be limited to Filipino citizens who are not at the same time citizens of another
country, have no pending application for immigrant status, and are at least eighteen (18)
years of age who meet the qualifications and none of the disqualifications prescribed for
the position,

‘An individual with dual citizenship shall renounce hisher foreign citizenship to be
considered for appointment in the civil service

Sec. 71. Effectivity of Appointment. ~ An appointment shall take effect immediately
upon its issuance by the appointing authority If the appointee has assumed the duties of
the position, he/she shall be entitled to receive salary at once without awaiting the
approval/validation 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 finally disapproved/invalidated by the Commission. However, an
appointment issued through fraudulent means shall be void from the beginning. The
official or employee who caused the issuance of a void appointment shall be personally
linble for the salary of the appointee and shall be held administratively liable therefor

No official or employee in the government shall allow a person to render service without
an appointment issued by the appointing authority. Those who violate this Rule shall be
personally liable for the salaries of the person concemed. Moreover, the services
rendered by the said person shall not be accredited as government setvice

If the appointee does not assume office within thirty (30) calendar days from receipt of
the appointment, the same may be cancelled by the appointing authority and reported to
the Commission for record purposes. The position is automatically deemed vacant upon
cancellation of appointment by the appointing authority, without the need for an
approval or declaration by the Commission.

‘An appointment may be cancelled by the appointing authority in cases when the
appointee has failed to communicate with the agency for at least 30 calendar days from
receipt of the appointment or the proposed date of assumption shall be beyond two (2)
months therefrom and other analogous cases. Officials or employees who are on official
leave of absence shall be exempt from this provision.

If the appointee is not allowed to assume office by the appointing officer or other
officials concerned despite his/her receipt of the appointment, or submission thereof to
the Commission for approval, the official/s or employee’s who caused the non-
assumption of the appointee shall be held administratively liable therefor

Sec. 72. Appointment Form. — All appointments shall be issued in the form
prescribed by the Commission, except those issued by the President of the Philippines.

Sec. 73. Submission of Appointments and Oaths of Office. — All appointments in
the civil service system, except those issued by the President, shall be submitted to the

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Commission for approval not later than sixty (60) days from the date of issuance thereof,
otherwise the same shall be considered lapsed and ineffective. 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

See. 74, Merit Promotion Plan. — Bach agency shall establish a Merit Promotion
Plan (MPP) in accordance with the standards prescribed by the Commission,

‘The MPP shall be submitted to the Commission for approval within thirty (30) calendar
days from the approval by the agency head. The same rule shall be applied to any
amendments to the MPP.

Sec. 75. 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 law or by the Commission. Whenever there is a
qualified civil service eligible willing and actually available for appointment, no
appointment shall be issued (0 a person who is not an eligible, even under temporary
status

A person with a civil service eligibility acquired by passing an appropriate examination
may be qualified for a position requiring a lower level eligibility, provided he/she
possesses the other requirements for appointment to such position.

See. 76. Qualification Standards, - The qualification standards are the minimum
‘and basic requirements for the positions in the government, which shall include
education, experience, training. civil service eligibility, competencies and, if necessary,
physical characteristics and personality traits. These 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 human resource actions, (c) in the adjudication of contests on appointment, (d)
in determining training needs, and, (e) as an aid in inspection and audit of the agencies’
human resource work programs.

‘The establishment, administration and maintenance of qualification standards shall be
the responsibility of the agency concemed consistent with the guidelines promulgated by
the Commission The agency shall establish qualification standards for its umque
positions, subject to the approval of the Commission

‘The Commission shall adopt qualification standards for service-wide positions in the
first, second and the third levels and shall review and update the same, whenever
necessary. An agency may prescribe higher and specific qualification standards for
service-wide positions, subject to the approval of the Commission. Once approved, the
agency shall uniformly and consistently adopt the higher qualification standards in the
selection and appointment of officials and employees. The approved qualification
standards shall be adopted by the Commission in the attestation of appointments of the
agency concemed,

Agencies which are authorized by their charters to establish their own qualification
standards shall do so in accordance with the Commission's guidelines Their
‘Qualification Standards shall be submitted to the Commission for confirmation.


Chapter 2. Status of Appointment
Sec. 77. Appointment Status. ~ The status of an appointment shall be

(a) Permanent — an appointment issued to a person who meets all the qualification
requirements of the position.

In no case shall a person who meets all the requirements for permanent appointment be
issued temporary appointment except for occupational groups of positions requiring
additional or special qualifications as provided by law or determined by the Commission
and other proper authorities

(b) ‘Temporary — an appointment issued to a person who does not meet any one of the
qualification requirements of the position except education; Provided, That despite the
publication and posting of the vacant position, no qualified eligible willing and actually
available for appointment applied for the position.

‘The temporary appointment shall not exceed twelve (12) months reckoned from the date
of the issuance of the appointment. However, it may be terminated sooner when a
qualified eligible is available. No renewal of temporary appointment shall be allowed if
there is a qualified eligible. willing and actually available for appointment.

(c) Provisional — an appointment issued to an elementary of secondary school teacher
‘who meets all the requirements of the position except the eligibility. It shall be effective
not beyond the school year during which it was issued

(@) Substitute ~ an appointment issued to a person who meets all the qualifications of
the position when the incumbent holding a permanent appointment is temporarily unable
to perform the duties of the position for at least two (2) months except in the case of
teachers who may be substituted for a shorter period. This appointment is effective until
the return of the incumbent

A person who is issued a substitute appointment shall be entitled to the salaries and

benefits attached to the position except for those benefits requiring longer period of
service for the availment thereof,

(©) Coterminous — an appointment issued to a person whose entrance and continuity in
the service is based on any of the following consideration:

1. trust and confidence of the appointing authority or of the head of the organizational
unit where he/she is assigned,

ii. duration of the project: or
iii, fife span of the agency or office created
(Fixed term — an appointment issued 10 a person with a specified term of office,
subject to reappointment as provided by law, such as Chairperson and members of
commissions and boards, and SUC President.

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(g) Contractual ~ an appointment issued to a person for services to be rendered in
accordance with a special contract for a specific work requiring special or technical skills
hot available in the employing agency ‘The contractual appointment shall be for a
period not exceeding one (1) year The renewal of contractual appointment shall be
allowed for a maximum of 12 months.

(hb) Casual — an appointment issued for essential and necessary services where there is
not enough regular staff to meet the demands of the service. A casual appointment shall
be for a period not exceeding twelve (12) months, The renewal of casual appointment
shall be allowed for a maximum of 12 months.

See. 78. Job OrdervContract of Services and Consultancy. ~ The appointing
authority may enter into service contracts such as job orders/contracts of services and
consultancies with individuals and institutions to cover lump sum work or services for
short duration wherein no. employer-employee relationship exists. The rights and
obligations of the parties shall be governed by the contract and the Civil Code.

Chapter 3. Nature of Appointments and Human Resource Actions

See. 79. Human Resource Action, ~ Human Resource action denotes the movement

of officials or employees within the civil service system which may or may not involve
the issuance of an appointment.

Sec. 90, Human Resource Actions Involving the Issuance of Appointments, ~ The
issuance of an appointment is needed in the following human resource actions

(@)

original appointment,
(b) promotion,

(c) transfer,

(d) reemployment:

reappointment,
(0) renewal:

(g) demotion,

(h) reclassification; and

(i) reinstatement (to comparable position)

Sec. 82. Original Appointment ~ refers to the initial entry into the career service or
non-career service

‘The appointee to a position under permanent status shall undergo a probationary period
of six (6) months. except as otherwise provided by law, during which he/she shall

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undergo a thorough assessment of his/her performance and character The services of
the appointee can be terminated anytime during said period for unsatisfactory conduct or
‘want of capacity. ‘The appointee shall be issued a notice of termination within fifteen
(15) calendar days after it was proven that he/she demonstrated unsatisfactory conduct or
want of capacity.

‘The notice of termination is executory after fifteen (15) days from receipt of the
‘appointee concemed. The same may be appealed to the Commission within fifteen (15)
days from receipt of notice but shall be executory pending appeal.

The appointee who ts initially issued an appoimmem under temporary status and
eventually reappointed to the same position under permanent status shall not be required
to undergo probationary period: Provided, ‘That he/she obtains a performance rating of at
least Very Satisfactory (VS)

Sec. 82. Promotion ~ is the advancement of an employee from one position to
another with an increase in duties and responsibilities as authorized by law, and usually
accompanied by an increase in salary, Promotion may be from one department or
‘agency to another or from one organizational unit to another within the same department
or agency,

‘The pendency of an administrative case against any public official or employee shall not
be a bar to promotion.

Sec. 83. Transfer — is the movement of employee from one position to another
which is of equivalent rank, level or salary without gap in the service involving. the

issuance of an appointment.

‘The transfer may be from one agency 1 another or from one organizational unit to
nother in the same agency: Provuted, however, That any movement from the non-career
Service to the career service and vice versa shall not be considered as a transfer but
reappointment

An employee who seeks to transfer to another agency shall no longer be required to
secure permission from the head of the agency where he/she is employed but shall be
required to comply with the minimum thirty (30)-day notice to the agency head prior to
the effectivity date of his/her transfer

If, for whatever reason, the employee fails to transfer on the specified date, he/she shall
be considered resigned and his/her reemployment in his/her former agency shall be at the
discretion of its head.

Sec. 84. Reinstatement ~ is the restoration of a person to a career position from:
which he/she was illegally separated with back salaries including allowances and
benefits. The employee is deemed not to have left the service and therefore there is no
gap inservice
If the decision reinstating an employee specifies restoration to his/her previous position,
the issuance of an appointment shall not be necessary. However, if the previous
position is no longer available due to abolition of position. rationalization, or

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reorganization, the separated employee shall be issued an appointment to a comparable
position, in which case the nature of appointment shall be reappointment.

Sec. 85. Reemployment ~ is the appointment of a person who has been previously
appointed to a position in the government service afler separation therefrom as a result of
reduction in force, reorganization, retirement, voluntary resignation or of any non-
disciplinary case. Reemployment presupposes zap in the service.

No prior authority from the Commission shall be required for the reemployment of a
person who has been previously retired or resigned and who has not reached the
compulsory retirement age of sixty-five (65).

Sec. 86. Reappointment — is the issuance of an appointment during reorganization,
reclassification, devolution, reinstatement, re-categorization, rationalization, salary
standardization, re-nationalization or other analogous cases. Reappointment presupposes:
no gap in the service

‘The issuance of appointment from temporary to permanent, non-career to another non-
career, or non-career to career, all of which entails no gap in the service. shall be
considered as reappointment.

See. 87. Renewal — is the subsequent appointment issued immediately upon the
expiration of a contractual/casual appointment, including temporary appointment if a
qualified eligible is not actually available, as certified by the Civil Service Commission
Regional Director or Provincial/Field Director.

Sec. 88. Demotion ~ is the movement from one position to another within the same
agency involving the issuance of an appointment with diminution in duties,
responsibilities and status or rank which may or may not involve reduction in salary and
is not disciplinary in nature

In case where the demotion is non-disciplinary in nature, the employee shall be allowed
to retain the step of the salary grade of the lower position.

In case where the demotion is voluntary or at the instance of the employee, or as a result
of disciplinary action, the employee shall be allowed only the hiring rate (Step 1) for the
lower position. A written consent shall be secured from the demoted employee and a
certification from the agency head that the demotion is not disciplinary in nature.
However, in case where the demotion is disciplinary in nature, the penalty of demotion
shall entail appointment to the next lower pasition to which respondent is qualified or
diminution of salary to next lower grade if there is no such position available

Sec. 89. Reclassification — is a form of staffing modification and/or position
classification action applied only when there is a substantial change in the regular duties
‘and responsibilities of the position This may result in a change im any or all of the
position attributes position title, level and/or salary grade. {t generally involves a
‘change in the position title and may be accompanied by an upward or downward change
in salary. Reclassification is the generic term for changes in staff/position classification
which includes upgrading. re-categorization. renationalization, or similar events.


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Reclassification of position requires the issuance of an appointment but the same is
ministerial on the part of the appointing authority:

The appointment of an incumbent (permanent employee) whose position was reclassified
shall be approved, regardless of whether he/she meets the qualification requirements of
the position involved The incumbent of reclassified position has a vested right to the
reclassified position. However. he/she shall no longer be promoted to the next higher
position unless he/she meets the qualification requirements of the position involved

As a general rule, positions cannot be reclassified if not vacant, except for teachers and
in cases of re-categorization, devolution or renationalization.

‘Sec. 90, Human Resource Actions Not Involving the Issuance of Appointments. —
The issuance of an appointment is not needed in human resource actions involving no
change in position title, rank or status if the existing appointment does not specify the
work station, Such action may include the following.

(a) reassignment;
(b) detail;

(©) designation;

{d) secondment,

(e) salary adjustment.

(f)  step-increment; and

{g) reinstatement ({o the same position),

Sec. 91. Reassignment — is the movement of an official or employee across the

organizational structure within the same agency, which does not involve diminution in
rank, status or salary.
Reassignment shall be allowed only for a maximum period of one (1) year
Reassignment without the consent of the official or employee may be appealed to the
Commission. Pending appeal, the reassignment shall be held in abeyance, unless
otherwise ordered by the Commission.

Sec. 92. Detail — is the temporary movement of an official or employee from one
department or agency to another without the issuance of an appointment but with the
consent of both the mother and receiving agencies and shall be allowed only for a
maximum period of one (1) year, otherwise, the consent of the official or employee
concemed shall be necessary,

Detail shall not 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 official or employee may be appealed to the Commission.

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Pending appeal, the detail shall be held in abeyance, unless otherwise ordered by the
Commission

Sec. 93. Job Rotation — is the sequential movement of an official 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 written consent of the official or employee

Job rotation exceeding one (1) year and without the consent of the official or employee
may be appealed to the Commission. Pending appeal, the job rotation shall be held in
abeyance, unless otherwise ordered by the Commission.

A job rotation which results in the diminution in rank, status or salary shall not be
allowed

Sec. 94. Secondment — is the movement of an official or employee from one
department or agency to another upon mutual concurrence between the mother agency,
the receiving agency and the official/employee concemed 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 may or may not require the issuance of an
appointment, It shall be subject to the approval of the Commission.

The period on secondment shall not affect the continuity of the employment of the
seconded employee with the mother agency. ‘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.

See. 95, Designation — is the imposition of additional duties to be performed by an
official or employee which is temporary in nature and may be terminated anytime by the

appointing authority.
Chapter 4. Contests on Appointments and Other Non-Disciplinary Cases

Sec. 96. Who May Contest An Appointment. — Any person may contest an
appointment made in favor of one who is not qualified or whose appointment is issued in
violation of Civil Service Law, rules and

Sec. 97, Adjudication of Contests on Appointments and Other Human Resource
Actions. — All cases involving appointments and non-disciplinary human resource
actions shall be adjudicated initially by the appointing authority, in accordance with the
procedures prescribed by the Commission.

Sec. 98. Appeals on Contests of Appointments, Human Resource Actions, aml
Non- Disciplinary Cases. — The decisions of heads of agencies on contests of

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appointments, human resource actions and non-disciplinary cases are appealable to the
Commission.

All contests shall be lodged with the Commission
‘Title 111, Human Resource Benefits and Privileges

See. 99. Policy, ~ The health, welfare, safety and security of every human resource
in the civil service system shall be the concem 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.

Chapter 1. Human Resource Welfare

See. 100. Comprehensive Occupational Health and Wellness Program. — Each
agency shall adopt a comprehensive occupational health program including medical,
dental and health services for its human resource as well as sports, recreational, cultural
and other similar activities! programs.

Each agency shall have a private, clean. sanitary, and well-ventilated lactation station!
Employees who are nursing shall be granted compensated break intervals in addition to
the regular time-off for meals to breastfeed or express milk

Sec. 101, Safety and Accident Prevention. ~ Each agency shall develop and
maintain a continuing occupational safety and accident prevention program for its human
resource.

Sec. 102, Human Resource Development Interventions. ~ Each agency shall
provide its human resource counseling services, including pre-retirement counseling.

Sec. 103, Hazard Benefits. ~ Each agency shall provide hazard benefits for i
officials and employees subject to the guidelines and rules to be jointly py
the Commission and the Department of Budget and Managemen (DBM) tae
otherwise provided by special Inws.

Chapter 2, Leave Benefits

Sec. 104. Entitlement to Leave Privileges. — Appointive officials and employees of
the government, regardless of the status of appointment, who render work during the
prescribed office hours, shall be entitled to 30 days vacation and 30 days sick leave
annually with full pay exclusive of Saturdays, Sundays, Public Holidays, without
limitation as to the number of days of vacation and sick leave that they may accumulate.

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All elective officials shall be entitled to leave credits granted to appointive officials and
employees and the cumulation and commutation thereof

‘The Commission may grant additional or new form of leave as the circumstances may
require, subject to the guidelines which the Commission may’ promulgate

Sec. 105. Leave of Absence of Part-time Emplayees. ~ Employees rendering
service on a part-time basis are entitled to vacation and sick leave benefits proportionate
to the number of hours they served

See. 106. Leave of Absence of Officials and Employees om Rotation Basis. ~ Officials
and employees on rotation basis shall be entitled 10 vacation and sick leave
corresponding to the length of service they rendered. If an employee has been allowed to
work in two or more shifts or rotation, the period of actual service covered by each shift
or rotation should be added together to determine the mumber of years, months and days
during which leave is earned

See. 107, Forced’ Mandatory Vacution Leave. ~ All appointive officials and employees
of the government with ten (10) days or more vacation leave credits shall be required to
go on vacation.

Sec. 108, Forfeiture of Forced/Mandatory Vacation Leave; Exceptions. ~ The
scheduled mandatory annual five-day vacation leave shall be forfeited if not taken during
the year,

However, the said leave benefits shall no longer be forfeited or deducted from the
accumulated vacation leave credits in the following cases:

(a) Where the scheduled leave has been cancelled in the exigency of the service by the
head of agency. ar

(b) Where the official or employee retires or resigns from the service in a particular
year without completing the calendar year and said personnel did not opt to avail of the
required five-day mandatory vacation leave

See. 109, Accumulation and Conunutution of Leave. — Vacation and sick leave shall be
cumulative and commutative Except for officials or employees covered by special laws,
commutation of leave credits shall be exclusive of Saturdays, Sundays and holidays.

Under this Code, commutation shall refer to conversion of unused leave credits to its
corresponding money value, while cumulation refers to incremental acquisition of
unused leave credits by an official or employee

Officials 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,

‘See. 110, Additional Nom-cumulative and Now-commututive Sick Leave. — Public
officials and employees shall be entitled to a 15-day non-cumulative and non-
commutative sick leave annually with full pay and exclusive of Saturdays, Sundays and
holidays. Provided. however. That this additional benefit shall only be availed of upon

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exhaustion of the regular 30-day sick leave and 30-day vacation leave entitlement for the
year.

See. 111. Rehabilitation Leave

(1) Nature — Officials and employees, regardless of the status of appointment, for the
duration of their employment with the agency and in accordance with this law, are
entitled to rehabilitation leave in the following cases:

(a) When the concerned official or employee sustains wounds and/or injuries resulting
from accidents incurred while in the actual performance of duties. oF

(b) When such official or employee is diagnosed with illnesses which are job-related or
Which resulted from or was aggravated by the working environment

For purposes of availment of rehabilitation leave, actual performance of duty means
situations wherein the official or employee was already at work or engaged in official
functions/activities, including being on official business outside of his/her work station;
official travel; authorized overtime, detail order, special assignment orders. However,
injuries from accidents that occurred while the official or employee was in transit going
to oF coming from work are not job-related injuries.

Job-relaied illnesses are those illnesses or diseases in which the employee contracts a
disease or illness as a result of work and/or aggravated by the work environment

2) Duration. ~ Rehabilitation leave shall not exceed an aggregate period of six (6)
months per injury/illness per year. Except for representation and transportation
allowances and other similar benefits which are given based on the actual performance
Of duties, the privilege shall be with full pay and benefits inclusive of the salaries, 13th
month pay. and cash gift mandated by law, and shall not be charged against the
accumulated vacation or sick leave credits of the official or employee concerned

‘The cost of first aid medical expenses such as emergency/paramedic services and initial
ambulance or transport services shall be borne by the agency of the public official or
‘employee concerned.

Substantive and long term medical expenses for therapeutic and rehabilitation purposes
shall be bome by the Philippine Health Insurance Corporation (Philhealth). the
Employee Compensation Commission (ECC) and the Govemmemt Service Insurance
System (GSIS) as the case may be and whenever applicable.

G) Duties of the Agency Heads — Agency heads shall determine whether the accident was
work-related: and with the assistance of appropriate government agency. determine
‘whether the illness is job-related or one which resulted from or was aggravated by the
work environment

Heads of agencies shall also decide on the validity of the claims. and monitor the

progress of the rehabilitation efforts, subject to the rules or guidelines to be promulgated
by the Commission.

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‘Sec. 112. Tauchers' Leave. — The availment of teachers’ leave shall be based on the
Jeave benefits as provided under special laws for teachers.

Teachers shall not be entitled to the usual vacation and sick leave credits but to
proportionate vacation pay (PVP) of 70 days of summer vacation plus 14 days of
Christmas vacation. A teacher who has rendered continuous service in a school year
without mcurring absences without pay of not more than | 4 days is entitled to 84 days
proportionate vacation pay

‘Teachers shall also be entitled to annual seven (7) days sick leave, which shall be non-
cumulative and non-commutative

Sec. 113. Leave Credits of Public Officials and Employees Covered by Special
Leave Laws. ~The leave credits of the following officials and employees are covered by
special laws:

fa) Justices of the Supreme Court, Court of Appeals and Sandiganbayan;

(b) Judges of Regional Trial Courts (RTC), Metropolitan Trial Courts (MeTC),
Metropolitan Thal Courts in Cities (MTCC), Municipal Trial Courts (MTC). Municipal
Circuit Trial Court (MCTC), Court of Tax Appeals, Shari'a Circuit Courts and Shari'a
District Courts,

(©) The Chairperson and Commissioners of the Constitutional Commissions;
(d) Filipino officials and employees in the Foreign Service,
(Faculty of Higher Education Institutions; and

() Other officials and employees covered by special laws.

‘Sec. 114, 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 or miscarriages and seventy-eight (78) calendar days for delivery by
‘caesarian section with full pay, subject to guidelines issued by the Commission

‘Sec. 115. Paternity Lenve. — A married man in the government service shall be entitled
to patcmity leave of fifteen (15) working days for the first four (4) deliveries or
miscarriages of his legitimate spouse with whom he ts cohabiting.

Patemity leave shall be non-cumulative and non-commutative.


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‘The same may be enjoyed either in a continuous oF in an intermittent manner by the
employee on the days immediately before, during or after the child birth or miscarriage
of his legitimate spouse.

In the case of Muslims who are married (o several legitimate spouses, the paternity leave
of fifteen (15) working days shall apply only to the first four deliveries irrespective of
which legitimate wife gave birth

Sec. 116. Child Adoption Leave. ~ Officials and employees, married or unmarried,
who legally adopt a child below seven (7) years of age as of the date the child is placed
with them, which shall not be earlier than the date of the decree of adoption, shall be
entitled to child adoption leave of thirty (30) calendar days for the adoptive parent

Child adoption leave shall be non-cumulative and non-commutative

Sec. 117. Purenmal Leave for Solo Parents. — \n addition 10 leave privileges under
existing laws, parental leave of not more than seven (7) working days every year until
the child reaches the age of eighteen (18) years shall be granted to officers and
employees who are solo parents.

Parental leave shall be non-cumulative and non-commutative.

‘Sec. 118. Special Protection Leave. — A woman in the government service, regardless
of civil and employment status, who is herself, or whose child of children are victims of
violence shall be entitled to special protection leave not exceeding ten (10) days subject
to guidelines issued by the Commission.

Special protection leave shall be non-cumulative and non-commutative

Sec. 119, Study Leave — Qualified officials and employees may be granted study
leave for a period not exceeding six (6) months, subject to the rules and regulations
issued by the Commission.

Sec, 120. Monetization of Leave Credits — Accumulated leave credits can be
monetized subject 10 the rules and regulations issued by the Commussion.

Each agency shall provide for the monetization of leave credits in its budget.

Sec. 121. Effect of Reemployment on Commuted Leave.— When a person whose leave
has been commuted following his/her separation from the service is reemployed in the
goverment before the expiration of the leave commuted, he/she shall no longer refund
the money value of the unexpired portion of the said leave. Insofar as his/her leave
credits are concemed, he/she shall start from zero balance.

Sec. 122. Transfer of Leave Credits of Appointive Officials and Employees ani
Elective Officials. ~ When an official or employee transfers from one agency to another,
he’she can either have his/her accumulated vacation and sick leave commuted or
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‘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
10 the assumption of the elective officers in their new post.

This provision is not applicable to members of the armed forces who will transfer to the
civil service or vice versa

See. 123. Leave Without Pay, — Leave without pay not exceeding one (1) year may be
granted in addition to the vacation and/or sick leave earned. Leave without pay in excess
of one (1) month shall require the clearance of the proper head of agency.

See. 124, Terminal Leave. ~ Terminal leave refers to the total accumulated leave
credits of officials or employees, the money value of which shall be based on the highest
salary rate received at any time during the period of employment in the government
service.

‘Terminal leave is applied for by a government official or employee who intends to sever
hisiher employment with the agency. The filing of application for terminal leave
requires, as a condition, the resignation, retirement or separation from the service of the
government official or employee.

Request for payment of terminal leave shall be brought within ten (10) years from the
time of the separation of the government official or employee.

In case the government official or employee is meted the penalty dismissal from the
service. the monetary value of the terminal leave shall not be forfeited.

Chapter 3. Human Resource Records Information System

Sec. 125. Policy. ~ An {T-based government-wide human resource records system
shall be established, administered, and maintained by the Commission

Each agency shall establish, manage and maintain human resource records, and as far as
practicable. a computerized dainbase and statistics of all its officials and employees.

Sec. 126. Records of Employment. — The Commission shall keep and maintain official
records of all its officials and employees whether elective or appointive, regardless of
their employment status and appointing authority. The Commission shall, likewise,
maintain statistics on their employment, accession, retention and separation.

Sec. 127. Observance of Work Days and Hours and Other Office Rules. — Heads of
agencies shall require all their officials and employees to strictly observe the prescribed
work days and office hours, taking into account the religious persuasion and beliefs of
the employees

Agency heads shall also require all personnel to wear proper attire or uniforms,
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. Proper office
attire is subject to the rules and regulations promulgated by the Commission

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When the head of agency allows government officials and employees to leave the
office during office hours and not for official business or official time, the same shall be
reflected in their daily time records and charged to their vacation leave credits if there be
any, otherwise, the same shall be deducted from the salary of the government official or

employee

Sec. 128 Fort-Hour Workweek Requirement. — Officials and employees of all
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) o' clock in the morning to twelve (12) o'clock noon and from one (1) o'clock to
five (5) o'clock in the aftemoon. all days except Saturdays. Sundays. and holidays

However, heads of agencies, particularly those with frontline services, shall adopt
‘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 and, the rescheduling or shifting of work schedule of a particular
agency for a number of working days less than the required five (5) days may be allowed
by the head of azeney: Provided, That government render a total of forty (40) hours a
week; and Provided, further, That the public is assured of continuous delivery of service
from eight (8) o'clock in the moming until five (5) o’clock in the afternoon for the
duration of the entire workweek.

Sec. 129. Non-regidlar Working Hours — A work schedule that deviates from that
which is provided in Section 128 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 officials and employees concerned: Provided, That the forty
(40) hours workweek exclusive of meal time, will not be reduced

Sec. 130. Daily Recond of Attendance ~ Each head of agency shall require a daily
record of attendance of all its officials and employees including those serving in the field
‘or on board a vessel, to be kept in the proper form and, whenever possible, registered in
the bundy clock or any mechanical, or electronic device

Sec, 131. Persons in the Teaching Service. - All government officials and
‘employees in the teaching service, primary and secondary levels, shall be covered by the
forty (40) hours workweek requirement: Provided, That they render not more than six (6)
hours of actual classroom teaching every school day.

See. 132. Compensation for Authorized Work Beyond Forty Hours. — When the interest
of public service so requires, the daily hours of work for officials and employees may be
extended by the head of the agency concerned, which extension shall be fixed in
accordance with the nature of the work: Provided, That work in excess of forty (40)
hours a week must be properly compensated by payment of overtime whenever funds are
available for the purpose, or through the grant of compensatory time or day/s-off. For
this purpose, a written authority to render overtime shall be issued by the head of agency

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Sec. 133. Performance of Duties in Excess of Forty Hours of Those in Special
Occupational Groups. — When the nature of duties to be performed or the interest of the
public service so requires, the head of agency may require any or all of its officers and
employees to work in excess of the forry (40) hours, on Saturdays, Sundays and public
holidays, with either additional compensation or compensatory time/days-off For this

purpose, a written authority to render overtime shall be issued by the head of agency

See. 134. Night Shift Differential Pay. - Public officers and employees shall be paid a
night shift differential of ten percent (10%) of his regular wage for each hour of work
performed between ten o’clock in the evening and six o'clock in the moming. subject to
the rules and regulations prescribed by the DBM

‘Sec. 138. Flexible Work Hours (Flexi-Time), — Flexible work hours (Flexi-Time) may
be implemented subject to the discretion of the head of agency. In no case shall the
weekly 40-work hours be reduced in the event the agency adopts the Nexi-time schedule.
In the adoption of flexi-time, core work hours shall be prescribed taking into
consideration the needs of the service.

As used in this Code, flexi-time schedule refers to a scheme where the agency is
authorized to allow its officials and employees a “flexible working hours arrangement”
particularly of the time of coming to work and leaving work, subject to the requirement
of the forty hours of work a week The core hours refer to the period within the
authorized working hours when the officer or employee must be at the workplace

‘See, 136, Compensatory Time or Day's Off. - Grant of compensatory time or day/s off
may be allowed for overtime services rendered, subject 10 the rules issued by the
Commission.

Sec. 137, Flexible Working Place. — Officials and employees may be allowed to work
away from their official work stations subject to the discretion of the head of agency and
the nature of the functions of their positions. ‘The Commission shall issue the rules and
regulations to govern the adoption of a flexi-work place. In no case shall the adoption
thereof affect the availability and the accessibility of government services

Sec. 138. Liabilities. — Falsification or irregularities in the keeping of daily time
records shall render the officials and employees concemed administratively liable
without prejudice to criminal prosecution as the circumstances warrant,

Title IV, Employee-Management Relations

Sec. 139, Declaration of Policy. ~ The state recognizes and guarantees government
employees’ right to self-organization, collective negotiation and peaceful concerted
activities

‘The Commission shall provide leadership and assistance in developing human
resource relations programs in the Civil Service System in consultation with public
officials and employees and/or their organizations with their respective agencies

‘The head of agency, in cooperation with employees” organization, shall be
responsible for an effective human resource relations programs in the agency and shall

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take all proper steps toward the creation of sn atmosphere conducive to harmonious
and rank-and-file employee relations and the improvement of employee
morale towards quality public service

The agency shall allocate at least one percent (1%) of its appropriation for the
improvement of the working conditions

See. 140. Complaints and Grievances. ~ Employces shall have the right to present
their complaints of grievances 1o management and have them adjudicated as
expeditiously as possible in the best interest of the agency, the government as a whole,
and the employee/s concemed Such complaints or grievances shall be resolved at the
lowest possible level in the agency, and the employee/s shall have the right to appeal
such decision to higher authorities

Sec. 141. Grievance Machinery. ~ Each agency of the government in partnership or
consultation with the employees’ organizations, with the assistance and approval of the
Commission shall establish and administer a grievance machinery 10 promote
harmonious relationship among employees and between employees and management

A grievance may be filed by aggrieved employees or by the employees’
‘organization to which they belong in accordance with the guidelines issued by the
Commission

Sec. 142, Finality of the Decision Rendered in the Grievance Machinery. ~ Unless
seasonably appealed, the decision of the concerned authorities shall immediately become
final and executory

Sec. 143. Right to Organize. ~ Employees may form, join or assist employees”
organizations, employee-management committees, work councils and other forms of
employees” participation schemes of their own choosing for the furtherance and
protection of their interests.

Highly confidential, colerminous employees and uniformed members of the

Philippine National Police (PNP), Bureau of Fire Protection (BFP), Bureay of Jail
Management and Penology (BJMP), Bureau of Correction (BuCor) and other uniformed
employees who, by nature of their functions are authorized to carry firearms, shall not be
eligible for membership in any employees’ organizations of the rank-and-file employees
but may form, join or assist separate employees’ organization exclusively of their own
for the furtherance and protection of their interest.
‘The third level employees and other employees whose functions are primarily
‘managerial, policy-determining of confidential in nature, or those executives who receive
from their employers information that is not only confidential but also not generally
available to the public cannot form, join. or assist employees” organizations for purposes
of collective negotiations.

Sec. 144. Protection of the Right w Self-Organtzation. ~ Employees shall not be
discriminated against by reason of ther membership in employees’ organizations or
participation in the normal and legitimate activities of employees’ organizations
Employment in the Civil Service System shall not be subject to the condition thal the
individual shall or shall not form, join or assist any employees" organizations.

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Management shall not interfere in any form in the establishment and administration
‘of goverment employees’ organizations

Chapter 1, Employee Organization

Sec. 145. Registration of Employees’ Organizations. ~ Employees’ organizations
shall register with the Commission in accordance with the implementing guidelines
issued by the latter.

Sec. 146, Certificate of Registration. — Upon compliance with the requirements as
prescribed by the Commission. a registration certificate shall be issued 10 the
organization recognizing it as a legitimate employees” organization with the right to
represent its members and undertake activities to further and defend its interests. The
corresponding certificates of registration shall be issued by the Chairperson of the Civil
Service Commussion, or in his/her absence, any member of the Commission.

Sec. 147. Sole and Exclusive Employees’ Representatives, The duly registered
employees” 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
employees” representative.

In cases when there are two (2) or more registered employees" organizations in an
agency. the Commussion, upon petition. shall conduct a certification election and shall
certify the employees’ organization who garnered the majority vote as the sole and
exclusive representative of the rank-and-file employees in the said azency or the parties
may agree to amicably settle the dispute among themselves with the concurrence of the
‘Commission.

‘The determination of the sole and exclusive collective negotiating ageni shall be
through accreditation by the Commission. If no opposition on the petition for
accreditation is filed, the Commission shall cause the preparation of a certificate of
accreditation

A duly registered employees’ organization shall be accorded voluntary recognition
upon a showing that no other employees” organization is registered or is seeking
registration, based on records of the Commission, and that the said organization has the
majority: support of the rank-and-file employees in the said appropriate organizational
umt.

Sec. 148, Accreditation of Federation of Employees’ Organizations Within an
Agency. ~ Registered employees organizations within an agency may federate among
themselves and shall be accredited as the sole and exclusive negotiating representative of
the employees; Provided, That its aggregate total membership constitutes the majority of
the total rank-and-file employees in the agency.

See. 149, Accreditation of Confederation of Employees Organizations. — For
purposes of sectoral and national social dialogue on terms and conditions of employment
in the public sector, whether across the civil service or specific sectors, national
federations and confederations shall be recognized through accreditation in accordance
with the implementing guidelines issued by the Commission.

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Sec. 150. Collective Negotiations. — Terms and conditions of employment in the
government service not fixed by laws may be the subject of collective negotiations
between accredited employees’ organizations or federation and the appropnate
organizational unit

Collective Negotiation Agreements shall be registered in accordance with the
guidelines issued by the Commission.

The Commission will not take cognizance of any issue/s arising from a non-
registered Collective Negotiation Agreement. thus making the agreement unenforceable.

‘See. 151. Public Sector Labor-Management Council (PSLMQ). — The Public
‘Sector Labor-Management Council. created under Executive Order No. 180 dated June
1, 1987 shail be composed of.

a) Chairman, Civil Service Commission - Chairman,

b) Secretary, Department of Labor and Employment — Vice Chairman,

©) Secretary, Department of Justice - Member,

d) Secretary, Department of Finance - Member,

©) Secretary, Department of Budget and Management - Member, and

f) Chamman, Commission on Audit— Members

2) Two (2) Sectoral Representative for National Government Agencies (NGAs) —
Member

h) Two (2) Sectoral Representative for Government Owned and Controlled
Corporations (GOCCs) — Member

i) Two (2) Sectoral Representative for Local Government Units (LGUs) - Member

j) Two (2) Sectoral Representative for State Universities and Colleges (SUCs) —
Member

However, each Sector shall be allowed only one (1) vote in the council. Should there be
two (2) Sectoral Representatives of a sector present in a council meeting. only one (1)
vote shall be counted in its favor.

‘The employee representatives shall be elected during the Workers’ Congress and shall
serve for a term of three (3) years or until their successors shall have been elected. In no
case, however, shall anyone of them serve under hold-over capacity for more than one
(1) year. However, the hold-over capacity shall not apply in case the sectoral

representative is no longer the President of the employees’ organization where he/she
belongs or has already retired from the service.

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Chapter 2. Right to Concerted Mass Action

Sec. 152. Right to Engage in Concerted Mass Action (CMA). ~ The right of
employees to concerted mass action. consistent with national interest and public service,
shall be recognized and respected Provided. That the employees shall ensure an
effective workforce whose movement and services shall not be hampered or restricted as
are necessary to guarantee the proper and adequate delivery of public service.

CMA is only appropriate when despite employment of the agency's grievance
mechanism and conciliation efforts undertaken by the Commission, the dispute remain
unresolved

In view of the peculiar character of public service and considering that public office
is a public trust, the right of employees to a CMA may be allowed only as a last resort,
outside work hours or during break time. with no disruption or reduction of public
services, without impeding the ingress into or egress from agency premises. and subject
to the limitations herein provided or as prescribed by the Commission, to ensure that
public services are not disrupted or diminished

Sec. 153. Who Can Exercise the Right to Concerted Mass Action (CMA). — Only
employees in a particular agency may join the CMA subject to the provisions of this
Code and all other rules issued by the Commission.

Sec. 154, Employees Who Are Prohibited in the Concerted Mass Action (CMA). ~
The following are not allowed to exercise the right to CMA due to exigency in public
service, public safety and national interest

(a) Defense and security services including the rank-and-file employees belonging
to the non-uniformed personnel of the Armed Forces of the Philippines (AFP), police,
fire protection, jail management and those engaged in the custody of prisoners and
detainees;

(b) Public utility services such as power and water supply, transportation. air traffic
controllers, radar and radio controllers. lighthouse keepers and harbor pilots: and

(©) Other analogous services to be determined by the Commission taking into
consideration public service and national interest.

Sec. 155. Grounds for the Concerted Mass Action (CMA). — A CMA may be
declared where there is mismanagement of the agency or grave abuse of the management
in the exercise of its authority resulting to hamper or restrict the proper adequate delivery
of public service. public safety or adversely affects national interest and such other
analogous instances as may be determined by the Commission.

Sec. 156, Notice of Concerted Mass Action (CMA). — The existence of a ground of
an impending concerted mass action must first be brought to the Commission in the form:
of anotice of CMA. CMA can only be undertaken after the issue has passed through the
agency’s grievance machinery as evidenced by a Certification of Final Action on
Grievance (CFAG), Within sixty (60) days from the filing of the notice of CMA, the

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Commission shall conciliate in aid of resolving the issue or dispute between the parties
concemed.

See. 157. Conduct of Concerted Mass Action (CMA). ~ \n the event the issue is not
settled after the sixty (60) day period prescribed in the preceding Section, the
Commission may allow the conduct of a CMA subject to the rules and regulations
prescribed by the Commission. If the CMA was conducted in a manner contrary to the

rules and regulations, or if it adversely affects national interest or public
service, or if it fails to resolve the issue or dispute, it shall immediately refer the matter
{0 the Commission en banc for mandatory assumption of jurisdiction

‘The effect of the Commission en banc’s assumption of jurisdiction shall serve as a
notice of stoppage of the conduct of CMA and a returm to the status quo ante bellum.

Sec. 158, Prohibited Activities during Concerted Mass Action (CMA). —
a) No person engaged in the CMA shall commit any act of violence, coercion or
intimidation or obstruct the free ingress to or egress from the agency's premises or
obstruct public thoroughfares,
b) No person shall obstruct, impede or interfere with, by force, violence, coercion or
threats. or intimidation any peaceful CMA, or shall aid or abet such obstruction or
interference,

©) No employees’ organization may go on CMA without ensuring and maintaining an
effective skeletal force

d) No display of streamers/banners outside of the designated area; and
) No CMA shall be undertaken outside of the designated area.

‘The Commission may revoke or cancel the registration and/or accreditation of an
employees’ organization, federation or confederation and its officers may be held
administratively liable for the offense of conduct prejudicial to the best interest of the
service and such other administrative offense if it is found to have engaged in an illegal
(CMA or have violated this Section.

‘Chapter 3. Settlement of Disputes

Sec. 159. Settlement of Disputes. — Disputes involving members of an employees”
organization shall be resolved through the employees organization's grievance
‘employees’ organizations including
‘organization, shall be settled through the agency's grievance
‘The Commission. upon petition, shall provide conciliation services. In case the dispute

remains unresolved, the Commission shail resolve and settle it within the penod of sixty
(60) days from the termination of the conciliation proceeding.

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Sec. 160, Original and Exclusive Jurisdiction of the Council. — The Council shall
have original and exclusive jurisdiction over the following:

(a) Disputes involving conduct of election of officers;

(b) Disputes involving interpretation or amendments of Constitution and By-Laws
(CBL).

(c) Disputes involving the audit of association's fund,

(d) Disputes involving eligibility for employees’ organization membership outside of
cettification election proceedings.

(e) Inter- and intra-employees” organization disputes,
(0) Disputes on issues resulting from the implementation of the grievance machinery:

(g) Applications for registration/accreditation of employees’ organizations, federations
and confederations.

(h) Disputes involving registration/accreditation of employees’ organizations,
federations and confederations,

(W). Petitions for cancellation of registration/accreditation of employees” organizations,
federations and confederations,

() Petitions challenging accreditation;
(K) Petitions for certification election,

(V). Certification election protests;

(en) Disputes involving registration and imerpretation of CNAs;

(0) Disputes on issues resulting from the implementation of the provisions of Collective
Negotiations Agreement or when there is a deadlock resulting therefrom,

(0) Untair employee or management practices,


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(p) Determination of whether a mass action amounts to a strike; and
(q) Other analogous acts as may be determined by the Council

These cases may be referred to the Council by any of the parties to the dispute or the
Council, mot propio, take cognizance of the same whenever the interest of the service
so demands

‘When the Council has already assumed jurisdiction over a particular case, no
administrative or disciplinary action shall be instituted by the agency concemed against
any employee involved therein until the final resolution of the case.

Chapter 4. Unfair Employee or Management Practices

Sec. 161. Unfair Management Practice. ~ The following shall constitute unfair
management practice:

(a) Interfering with, restraining or coercing employees in the exercise of their right to
self-organization:

(b) Requiring as a condition of employment that an employee shall not form, join or
assist an employees’ 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
employees” 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 management,

{e) Refusing 10 collectively negotiate in good faith with the accredited employees"
‘organization,

(0) Violating any of the provisions of the Collective Negotiation Agreement;

(g) Refusing to comply with the provisions of the Conciliation Agreement signed with
the registered and/or accredited employees’ organization and attested by the Commission
or other CSC authorized representative:

(b) Joining. participating. or taking part in any prohibited concerted activities or mass
actions, and

(i) Other analogous acts as may be determined by the Commission,

‘The heads of offices and the other officers of the agency, who participate in or
authorize an unfair management practice shall be held adminisiranvely liable for conduct
prejudicial to the best interest of the service or such other administrative offenses as may
be warranted for such participation or grant of authority.


Sec. 162. Unfair Employee Practice. — The following shall constitute unfair
employee practice

a) Restraining or coercing any employee to form, join or assist an employees’
or its activities. Employees’ 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 bead or other officers to discnminate
against an employee who has not joined or has withdrawn membership from the
employees’ organization,

¢) Refusing to collectively negotiate in good faith with management,
d) Violating any of the provisions of the Collective Negotiation Agreement,

e) Refusing to comply with the provisions of the Conciliation Agreement signed with
‘management and attested by the Commission or other CSC authorized representative,

(0 Joining. participating or taking part in any prohibited concerted activities or mass
actions; and

(a) Other analogous acts as may be determined by the Commission

‘The officers and members of an employees’ organization or any other government

loyees, who participate in or authorize an unfair employee practice shall be held
administratively liable for conduct prejudicial to the best interest of the service or such
other administrative offenses as may be warranted for such participation or grant of
authority.

TITLE V- HUMAN RESOURCE DEVELOPMENT
Chapter 1. Policy

Sec. 163. Policy. - There shall be an integrated program on human resource
development for all levels and ranks in the Civil Service System that shall provide equal
opportunities for career development

“The Commission shall provide leadership in the integration of all human resource
development programs. All departments and agencies shall develop and implement
human resource development plans and programs for their officials and employees to
include among others. training and development, performance appraisal and incentives
and awards in accordance with Commission policies and standards.

Chapter 2. Performance Evaluation

Sec. 164. Performance Management System. ~The Commussion shall establish 2
Performance Management System for all appointive public officials and employees
which shall be the basis for incentives, rewards and recognition, training and
development. human resource actions. and administrative sanctions

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Sec. 165, Performance Management Plan. ~ Each department or agency shall
develop and use one or more appropriate Performance Management Plans (PMP) for the
various groups of positions therein

All Performance Management Plans shall be submitted to the Commission for
approval in accordance with its policies, standards and guidelines

Chapter 3. Learning and Development

Sec. 166, Career and Employee Development. ~ \t shall be the policy of the
government that a continuing program of employee learning and development in the
rank-and-file, supervisory, managers and/or executives be established under the
leadership of the Civil Service Commission

Sec. 167. Learning and Development System, - The Commission shall establish an
Integrated Leaming and Development (ILeaD) System for all levels and ranks as a
framework to rationalize all human resource management practices and processes in
each department or agency of local government unit. This shall include opportunities for
training in competency enhancement, local and foreign scholarships, and other
development opportunities ILeaD shall be based from agencies’ Integrated Human
Resource Planning and Development System.

Sec. 168. 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 human resource administration, and shall
issue the appropriate rules and regulations for the said training and development
programs

Sec. 169, Responsibilities for Local and Foreign Scholarships. ~ The Commission
shall have the sole responsibility to administer service-wide local and foreign scholarship
programs. It shall also develop policies, standards, procedures and guidelines for the
effective, efficient and equitable distribution of all scholarship grants

In the administration of foreign scholarship grants which are part of the Overseas
Development Assistance (ODA), the Commission shall consult concemed government
agencies. For purposes of effective consultation, the Commission may create an inter-
agency committee chaired by the Chairperson of the Commission, to advise and
recommend policies for efficient administration of the foreign scholarship grants under
the ODA

Sec. 170. Agency Responsibilities for Training and Development. — Each
department or agency shall be responsible for the development, implementation and
evaluation of its training and development plan as well as its gender and development
plan in accordance with the policies and standards promulgated by the Commission.

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‘To carry out these responsibilities, each agency shall establish its own Human
Resource Development Committee pursuant to the rules and regulations promulgated by

the Commission.

Sec. 171. Technical Assistance and Consulting Services. ~The Commission shall
provide technical assistance and consulting services to all departments and agencies in
the development, administration and evaluation of their human resource and organization
development (HR/OD) programs.

The Commission may also avail of advisory assistance from its accredited training
‘mstituions. public sector associations, federations, confederations. professional
organizations, and non-goveriment organizations (NGOs) in connection with its human
resource and organization development (HR/OD) policies and programs.

Sec. 172. Training, Professional Fees and Honorarium. — The cost of participation
of government officials and employees for training and non-training activities sponsored
‘or conducted by non-government organizations (NGOs) and private organizations (POs)
shall be subject to the prevailing market price.

‘Sec. 173. Gender Balance in Learning and Development — The Commission shall
ensure gender balance in all the learning and development opportunities in the
bureaucracy subject to competency needs or performance gap of the participants. It shall
also ensure that all its learning and development programs. designs. materials and
language are gender sensitive

See. 174 Funding. — Each department or agency with individual budget shall
allocate at least 8% of its annual budget to be spent for its leaning and development
programs and activities and submit periodic reports thereof to the Commission on Audit
Learning and Development shall include gender and development activities and cross-
cutting themes such as poverty alleviation, human rights, and global partnership for
development

Chapter 4. Incentives and Awards

Sec. 175. Rewards System. — The Commission shall establish a rewards system It
shall include incentives, commendations and awards The rewards system shall be
granted individually or in groups, for outstanding performance, exemplary conduct on
the job, inventions. ideas or suggestions, superior accomplishments and other
‘extraordinary acts or services in the interest of the public.

‘The Commission shall develop, implement and evaluate the rewards system in all
levels and ranks.

Sec. 176. Merit and Rewards Plan. — Each department or agency shall develop a
merit and rewards plan appropriate for its officers and employees in accordance with
policies and standards promulgated by the Commission.

‘The plan shall include the establishment of employee suggestions and incentive
awards system, monetary and non-monetary, that will encourage creativity,
innovativeness, efficiency. integrity and productivity in the public service by recognizing

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and rewarding officials and employees, individually or in groups for their suggestions,
inventions, superior accomplishments, and other personal efforts which contribute to the
efficiency. economy, or other improvement in government operations, or for other extra~
ordinary acts or services in the public interest.

‘The plan shall be submitted to the Commission for approval before it can be
implemented

Sec. 177. Funding of the Rewards Plan. ~The Department of Budget and
Management shall develop the funding scheme for the implementation of the rewards
system

At least five percent (5%) of the HRD Funds shall be allocated for the plan or
program and incorporated in the Agency’s annual Work and Financial Plan and budget

‘Tithe VI- Inter-Agency Relations
‘Chapter 1. The Central Human Resource Institution

‘Sec. 178. The Central Human Resource Institution. — The Commission, as the
central human resource institution of the government, shall promulgate rules and
regulations to govern human resource management in the Civil Service System,

See. 179. Civil Service Field Office. - The Commission shall, whenever it deems in
the interest of public service, organize in each agency, a Civil Service Field Office
(CSFO) which shall be headed by an official of the Commission.

‘The assigned staff in the CSFOs shall be employees of the Commission and its office
facilities and equipment shall be provided by the Commission

See. 180. Functions of the Civil Service Field Office. ~The CSFO shall perform
the following specific functions and those functions which may hereafter be assigned to
it by the Commission:

(a) Provide technical assistance to agencies in all aspects of human resource
management,

(b) Determine agency compliance with Civil Service Law and rules; and

(©) Conduct a periodic assessment of the implementation of the human resource
management programs of each agency

In the performance of these functions, the staff shall welcome and receive from
the public any suggestions, observations and complaints pertaining to the conduct of
public officials and employees

Sec. 181. Human Resource Management Assessment. — The Commission, through
its Civil Service Field Offices, shall conduct periodic assessment of the implementation
of the human resource management programs of each agency to:

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(a) determine compliance with Civil Service Law, rules and standards,
(b) review the exercise of delegated authonty,

(©) evaluate the solutions made on problems encountered in the implementation of the
merit system, and

(d) advise and provide assistance in the development of agency policies, standards,
procedures and programs on human resource management

Chapter 2. Agency Human Resource Management

See. 182. Responsibility for Human Resource Management. ~ The bead of each
agency shall be responsible for human resource management in his/her agency,

Each agency, except as otherwise provided in this Code, shall establish a Human
Resource Management Office 10 be headed by a Human Resource Management Officer
(HRMO) or its equivalent who shall assist the head of agency in the effective
implementation of human resource-related regulations, policies and programs.

Sec. 183. Local Government Human Resource Management. — Except as
otherwise provided by the Local Government Code, the chief evecutive of every Local
Government Unit (LGU) shall be responsible for human resource management in the
LGU and shall take all human resource actions in accordance with the constitutional
provisions an civil service, pertinent laws, rules and regulations thereon, including such
policies, guidelines and standards as the Commission may establish

Sec. 184. Human Resource Management Office and Human Resource
Management Positions in the LGUs. ~ Each provincial and city government, and first to
third class municipalities shall create a Human Resource Management Office, headed by
a Human Resource Management Officer (HRMO) with the rank of a department head.
For fourth to sixth class municipalities, the office is optional but the Human Resource
Management Officer position shall be mandatory and shall be created within three (3)
years from the effectivity of the Code

‘The filling up of HRMO positions in the fourth to sixth class municipalities shall be
exempted from the budget ceiling on personnel services,

See. 185. Council of Human Resource Management Executives. ~ There shall be a
Council of Human Resource Management Executives (CHRMEs) the composition of
which shall be defined by the Commission, and which shall promulgate its internal rules
and procedures

‘The CHRMEs shall have the following functions:

(a) Offer advice to the Commission in developing policies, standards, procedures, and
programs as well as on matters relating to the improvement of human resource methods
and to the solution of human resource problems confronting the various agencies of the
government,


(b) rons eis hs seesties: Ree ty bad sin, salem wel eons
interpretation and application of human resource policies, and

() Serve as a clearing house of information and sumulate the use of methods of human
resource management that will contribute most to good government.

‘TITLE VII Position Classification System

Sec. 186, Position Classification and Compensation. — There shall be a Position
Classification System which shall be prepared and administered by the Commission
The compensation to be allocated to the positions as classified by the Commission shall
be determined by the Department of Budget and Management (DBM) and submitted to
Congress for legislative action

See. 187. Position Classification System. ~ The Position Classification System shall
consist of the following

(a) The occupational groups and classes to which positions are to be allocated or
reallocated, and

(b) ‘The rules and regulations for implementation.

See. 188. Basis for Position Classification. ~ The classification 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. 189, Coverage of Position Classification. — The Position Classification shall
apply to all positions in the civil service system whether career or non-career, on full or
part time basis now existing or hereafter created.

‘Sec. 190, Allocation of Positions. — All existing laws, decrees, executive orders,
corporate charters, rules, regulations, circulars and other issuances, or parts thereof, that
‘exempt any and all agencies, or specific types of employees from the coverage of
Position Classification System prescribed under Presidential Decree No. 985, as
amended, of that authorize and fix position classification, job classification, qualification
Sindards of specie jobs, or groups of employes or of agencies Ft ‘or that exempt the
establishment and approval for position classification, job classification, qualification
standards, of specified yobs, or groups of employees or of agencies, from the junsdiction
and authority of the Commission, shall allocate positions in accordance with the rules
and regulations of the Commission Such allocations shall be binding on the
administrative and auditing offices of the govemment. Any change in the position
classification shall be included in the annual appropriations or budget of the agency.

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BOOK III. DISCIPLINE
Title I - Administrative Discipline
(Chapter 1. General Provision

Sec. 191. Policy. — No official or employee in the Civil Service System shall be
disciplined. except for cause provided for by law and after due process.

Sec. 192. — Disciplinary Action; Grounds
{a) Dishonesty,
(b) Neglect of duty;
{c) Misconduct,
(@) Final conviction of a crime involving moral turpitude,
(e) Falsification of official documents;
() Cheating:
(2) Sexual Harassment;

th) Engaging directly or indirectly in partisan political activities by one holding a non~
political office,

(i) Receiving for personal use of a fee, gift or other valuable thing in the course of
official duties or in connection therewith when such fee, gift or other valuable thing is
given by any person in the hope or expectation of receiving a favor or better treatment
than that accorded to other persons;

(Committing acts punishable under the anti-graft laws:

(&) Fixing;

() Contracting toans from persons with whom the office of the employee has business
relations;

(m) Nepotism,

{n) Oppression;

(0) Disgraceful or immoral conduct;

{p) Inefficiency and incompetence in the performance of official duties:
(q) Unauthorized absences;


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() Tardiness;

(3) Loafing;

(1) Refusal to perform official duty or unjust refissal to render overtime service,
(u)_Insubordination;

(9) Conduct prejudicial to the best interests of the service;

(w) Discourtesy in the course of official duties,

(x) Reporting to office drunk or consumption of any alcoholic beverage during office
hours unless justified by circumstances as defined under applicable rules,

(y) Violation of reasonable office rules and regulations,
(2) Gambling prohibited by law,

(aa) Pursuit of private business, vocation or profession in violation of Civil Service
Law, rules and regulations,

(bb) Promoting ticket sales which are not intended for chantable or public welfare
purposes.

(co) Improper or unauthorized solicitation of contributions,

(dd) Borrowing money by superior officers from subordinates or lending by subordinates
to superior officers,

(ce) Unauthorized use of government resources and properties:
(0) Unfair employee or management practice,

(gg) Engaging in illegal Concerted Mass Action (CMA);

(hh) Unjustifiable delays in the payment of employee benefits,

Gi) Directly or indirectly having financial and material interest in any transaction
requiring the approval of their office Financial and material interest is defined as a
pecuniary interest by which a person will gain or lose something;

(Gj) Owning, controlling. managing, or accepting employment as officer. employee.
consultant, counsel, broker, agent, trustee, or nominee in any private enterprise
regulated, supervised or licensed by his/her office, unless expressly allowed by law,

(kk) Engaging in the private practice of profession unless authored by the Constitution.

Jaw or regulation, provided that such practice will not conflict or tend to conflict with
his/her official functions,

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(1) Recommending any person to any position in a private enterprise which has a
regular or pending official transaction with his / her office, unless such recommendation
or referral is mandated by (1) law: or (2) international agreements, commitment and
obligation, or as part of the functions of his/her office:

(mm) Disclosing or misusing confidential or classified information officially known to
hinvher by reason of hisher office and not made available to the public, to further
his/her private interests or give undue advantage to anyone or to prejudice the public
interest;

(nn) Soliciting or accepting, directly or indirectly. any gifl, gratuity, favor, entertainment,
Joan or anything of monetary value in the course of his/her official duties or in
connection with any operation being regulated by, or any transaction which may be
affected by the functions of his/her office. Obtaining or using any statement filed in any
government office for any purpose contrary to morals or public policy or any
commercial purpose other than by news and communications media for dissemination to
the general public,

(00) Unfair discrimination in rendering public service due 10 party affiliation or
preference,

(pp) Disloyalty to the Republic of the Philippines and to the Filipino people;

(qq) Failure to act prompily on letters and requests within fieen (15) working days
from receipt, except as otherwise provided by law,

(rr) Failure to process documents and complete action on documents and papers, or to
provide the public access to official documents and information within a reasonable ime
from receipt of the request therefor, subject to confidentiality restrictions set by existing
Jaw or jurisprudence,

(ss) Failure to attend to anyone who wants to avail himself/herself of the services of the
office or to act promptly and expeditiously on public personal transactions,

(11) Failure to file on or before the end of April every year sworn statements of assets,
liabilities and net worth, and disclosure of business interests and financial connections
of the employee and his/her immediate family,

(uu) Failure to resign from his/her position in the private business enterprise within thirty
(30) days from assumption of public office when conflict of interest arises, and/or failure
to divest himseliMherself of hisher shareholdings or interests in private business
enterprise within sixty (60) days from such assumption of public office when conflict of ~
interest arises: Provided. however, That for those who are already in the service and a
conflict of interest arises, the official or employee must either resign or divest
himself/herself of said interests within the periods herein-above provided, reckoned from
the date when the conflict of interest had arisen,

(vy) Engaging in of supporting act of insurrection, rebellion, sedition, and other erimes
against public and commission of crimes against national security and the law of nations,
and

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(ww) All other grounds for disciplinary action as may be provided for by law.

Sec. 193. Original Jurisdiction. — The heads of agencies, or the proper disciplining
authoriues shall have original jurisdiction to investigate and decide disciplinary cases
against their officials and employees

They shall also retain original jurisdiction over officials and employees who
uansferred 10 another government agency of are already separated from the service but
who, while still in the service, committed an offense

However. if the administrative investigation commences only afier the wansfer of
officials and employees, the orginal jurisdiction to conduct the said investigation and
decide disciplinary cases shall be vested in the head of the new agency.

Sec. 19. Original Jurisdiction of Bureau or wide, Regional Office
Head, ~ The heads of bureaus or department-wide regional offices shall have
disciplinary jurisdiction over offenses committed by theit officials and employees.

Sec. 19S. Original Jurisdiction of the Commission. ~The Commission shall have
exclusive administrative disciplinary jurisdiction over its officials and employees. It
shall have concurrent original disciplinary jurisdiction over officials and employees of
the departments, agencies, bureaus, state universities and colleges, government-owned or
controlled corporations with original charters or agencies created under special laws, and
local government units.

In disciplinary cases where agencies have original and concurrent jurisdiction, the
agency which first takes cognizance of the case shall exclude the others. The
Commission may, upon petition by the proper party, take cognizance of cases pending
before agencies if the same are not acted upon by the agency concerned.

‘The Commission shall have exclusive original jurisdiction over a government
official or employee or a private individual who engages in examination-related
irregularities or acts that would undermine the integrity of Civil Service Examinations

‘The private individual involved may be held liable for the administrative offenses of
Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the
Service If found guilty, he/she shall be imposed the penalty of dismissal from the
service, which shall be deemed served

See. 196, Procedure. ~

A. Commencement of Administrative Proceedings: Issuance of a Show-Cause
Order. ~ Administrative proceedings may be commenced by the proper disciplining
authority or head of agency through the conduct of a preliminary investigation against
the official or employee complained of The preliminary investigation shall be
undertaken through a show-cause order issued mot proprio by the proper disciplining
authority or head of agency, or upon a swom written complaint of any other person

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‘The purpose of a preliminary investigation is to determine whether a prima facie
case exists against the official or employee complained of warranting the issuance of a
formal charge, otherwise, the complaint shall be dismissed.

See. 197. Issuance of a Formal Charge. — If 9 prima facie case is found to exist. the
proper disciplining authonty or head of agency shall issue a formal charge 10 the
respondent which shall state the contents in accordance with the rules promulgated by
the Commission.

Sec. 198. Formal Investigation. ~ The formal investigation shall be conducted by
the proper disciplining authority or head of agency or hisMher duly authorized
representative/s if the respondent in his/her answer, has elected a formal investigation of
the charge/s

Notwithstanding the lack of request from the respondent, the proper disciplining
authority or head of agency shall still direct the conduct of a formal investigation when,
‘on the basis of the complaint and the answer thereto. the merits of the case cannot be
decided judiciously without such investigation.

Sec. 199. Report of Investigation and Records of the Case. — After the termination
of the investigation, the hearing officer designated by the proper disciplining authority or
head of agency shall submit a report of investigation containing, among others, the
findings and recommendations

Sec. 200, Decision. ~ The proper disciplining authority shall render a decision
within the period and in the form and content as provided for in this Code

Sec. 201. 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, grave act of sexual harassment, if there are reasons to believe that
respondent is guilty of the charges which would warrant removal from office and that
there is a great probability that the continuance in office of the respondent could
influence the witnesses or a 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 This applies to officials and
employees of both national government agencies and local government units.

In lieu of preventive suspension, the proper disciplining authority or head of agency
may reassign the respondent to another unit of the agency during the formal hearings
which in no case shall exceed ninety (90) days.

In no case shall the proper disciplining authority or head of agency impose the
preventive suspension more than once for every offense that the respondent is
‘administratively charged

See. 202. Lifting of Preventive Suspension Pending Administrative Investigation.
~ When the administrative case against the respondent under preventive suspension is
not decided by the disciplining authomty within the period of ninety (90) days afier the
date of suspension, the respondent shall be automatically reinstated in the service,

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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.

Sec. 203, 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,
except as may be provided by special laws.

See. 204, Form and Content of Decision. — The decision, properly designated as
such and under the signature of the proper disciplining authority or head of agency, shall
contain the charge, the name of the respondent, the position and office of the respondent,
‘a brief statement of the material and relevant facts, findings, offense committed and the
penalty imposed.

See. 205, Service of Decision. -

(a) A copy of the decision shall be served on the complainant and the respondent
through their respective counsel, if any, within five (S) days from its promulgation
Should a party be not represented by: a counsel, the copy of the decision shall be served
‘on him or her at his or her address as appearing in the records of the case.

(b) Disciplining authorities shall furnish their superiors with a copy of the decision
within five (5) days from the date of its promulgation

‘Sec. 206, Finality of Decisions. —

(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 goverment and the
disciplining authority of state universities and colleges, sovernment-owned or controlled
corporations with original charters or agencies created under special laws, local
government units shall be final and executory, if the penalty imposed is suspension of
not more than thirty (30) working days or a fine not exceeding the amount of thirty days’
salary.

(b) Without prejudice to the power of review by the Commission and its power to decide
cases on appeal provided for in this Code, the decision of the head of the bureau or
department-wide regional office shall be final and executory, if the penalty imposed is
suspension of not more than thirty (30) working days or a fine not exceeding the amount
of thirty days’ salary

(c) Notwithstanding the immediately preceding provisions. a suspension of not more
than thirty working days of a fine not exceeding the amount of thirty days" salary may
still be the subject of a motion for reconsideration or an appeal where there is clear and
palpable violation of the respondent's right to due process.

(d) The decision in a disciplinary case becomes final and executory upon expiration of
the period within which to file a motion for reconsideration or an appeal and no such
motion or appeal is filed


Sec. 207, Execution of Decisions. ~
a) Effect of Filing: Appeal — Except for cases requiring confirmation of the
Department Secretary concemed and case decided by the CSCROs. an appeal shall not
stop the decision from being executed
b) Effect of Filing: Motion for Reconsideration — The filing of a motion for
reconsideration within the reglementary period of fifteen (15) days shall stay the
execution of the decision sought to be reconsidered.
¢) Effect of Pendency of Petition for Review/Certioran with the Court. ~ The filing
and pendency of a petition for review with the Court of Appeals or ceruorari with the
Supreme stop the execution of the decision of the Commission unless the Court issues a
restraining order or an injunction

Chapter 4. Administrative Penalties
See. 208. Penalties That May Be Imposed. ~

‘The following penalties may be imposed
(a) community service,

{b) fine or suspension without pay for not more than one (1) year:
(c)_ demotion in rank or pay, and

(d) dismissal from the service.

‘The following are the main/principal penalties.

(a) community service;

{b) suspension, and

(©) dismissal

“The following are the alternative penalties

(a) fine;

(b) demotion. and

(c) forfeiture of retirement benefits, excluding terminal leave benefits and personal
shares! contributions to the GSIS.

See. 209. Imposition of Penalties. ~
(a) In meting out punishment, the same penalties shall be imposed for similar offenses
and not only (1) penalty shall be imposed in each case In the imposition of these

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penalties, the disciplining authority shall take into consideration the circumstances which
may either 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

Sec. 210. Promulgation of Rules and Regulations, — The Commission shall
promulgate rules and regulations pertaining to the investigation of pending
administrative cases and on the classification of administrative offenses into light, less
grave and grave and shall prescribe the corresponding principal and accessory penalties

Sec. 211, Effect of Administrative Penalties — The penalty of dismissal shall result
1m the separation of the respondent from the service. Dismissal shall carry with it the
cancellation of civil service eligibilities, forfeiture of retirement benefits, and
disqualification from employment in the government whether appointive or elective and
disqualification to run for any public office even if the case is pending on appeal
However, in case of forfeiture of retirement benefits, the GSIS shall retum to the
respondent his/her contribution and the employer's contribution to the agency concerned
‘Terminal leaves of the employee are not subject to forfeiture

During the pendency of the seal, ‘no permanent appointment shall be issued to replace

the dismissed appellant However, in the interest of the service. designation may be
resorted to by the proper disciplining authority or head of agency until the case is
resolved with finality

See. 212. Effect of Death on Pending Case, ~The administrative case shall not be
dismissed when the death of the respondent occurred when the formal investigation
reached the stage where respondent is considered to have been afforded due process, as
when the following concur: 1) respondent was notified of the charge against him/her as
when he/she was issued the formal charge; and 2) when respondent has filed an answer
to the formal charge or has waived his/her right to file the same

IC the respondent dies before he/she could explain his/her side through an answer to
the formal charge, the administrative case shall be dismissed on account of the death of
the respondent as he/she cannot be deemed to have been accorded the opportunity to be
heard which is a basic element of due process

In situations where the death occurred after respondent has perfected his/her appeal
before the Commission, the appeal shall continue until its final determination In the
event the deceased respondent-appellant wins the appeal, material and/or pecuniary
benefits arising from the case, if any. shall accrue to the legal heirs of the deceased
respondent-appellant subject to the Law on Succession. In case the material benefit is
covered by a special law (eg the GSIS Law) which specifies the one who is entitled to
receive the benefit of the deceased, the same shall be applied.

See. 213. Effects 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, including the period of

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preventive suspension, if any, equivalent to a period of five (5) years reckoned from the
time of illegal dismissal. However, back salaries shall not be also granted if the
respondent 1s not exonerated, except where the penalty imposed is reprimand in which
case, back salaries shall be awarded.

Chapter 5. Administrative Remedies

See. 214. Motion for Reconsideration. ~ A motion for reconsideration may be filed
within fifteen (15) days from receipt of the decision on the following grounds:

a New evidence has been discovered which maternally affects the dectsion
rendered, or

b ‘The decision is not supported by the evidence on record: or

Errors of law or irregularities have been committed prejudicial to the interest
ye

Only one (1) motion for reconsideration shall be entertained.

In case of denial, the movant shall have another period of fifteen (1S) days to file an
appeal

‘Sec. 215, Petition for Review with the Commission — The Commission Proper
may review decisions rendered by its Regional Offices, whether on the merits or
dismissing a complaint for lack of prima facie case, through a petition for review.

‘See. 216. Petition for Review with the Court of Appeals. — A party may elevate a
decision of the Commission before the Court of Appeals by way of a petition for review
under Rule 43 of the 1997 Rules of Court.

Sec. 217. Appeals. ~ Decisions of heads of agencies imposing penalties exceeding
thirty (30) days suspension or fine in an amount exceeding thirty (30) days salary may be
brought on appeal to the Commission by the party adversely affected

In case the decision rendered by a bureau or department-wide regional office is
appealable to the Commission, the same may be initially appealed to the department
head and finally to the Commission and pending appeal, the same shall be executory
except when the penalty is removal, in which case, the same shall be executory only after
confirmation by the Secretary concemed. Otherwise, an appeal shall not stop the
decision from being executory,

Sec. 218. Penalties for Contempt — Any person who fails or refuses to comply with
the decisions, orders, rulings or processes of the Commission or any of its regional
offices, shall be liable for Indirect Contempt of the Commission and may be
from office without pay for a period of not more than thirty (30) days. or imprisoned for
the same period as the circumstances may warrant.

A person who misbehaves in the presence of or so near the Commission as to obstruct or
imerrupt the proceedings before the same, including disrespect towards the Commission,

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offensive conduct towards others, or refusal to be swom of to answer as a witness, may
be summarily adjudged in contempt by the Commission and penalized by suspension
from office without pay for a period of not more than three (3) days, or imprisoned for
the same period as the circumstances may warrant

The Commission may deputize law enforcement officers or Seek the assistance of the
pertinent government agencies to help or ensure the implementation of its decisions,
orders, rulings or processes

See. 219. Removal of Administrative Disabilities. ~The Commission may
recommend to the President removal of administrative disabilities imposed upon public
officials or employees in disciplinary cases, subject to such terms and conditions as the
President may impose in the interest of the service.

Chapter 6. PROHIBITIONS

Sec. 220. Appointment of Elective Officials. — No elective official shall be eligible
for appointment or designation in any capacity, including contract of service/job order, to
any public office or position during his/her tenure, unless otherwise allowed by law.

Sec. 221, Candidates Who Lost in an Election. — No candidate who Jost in any
election, including barangay election shall, within one (1) year after such election, be
appointed in any capacity to any office in the Government. Neither can they be engaged
\Within the same period as consultants or under contract of services/job orders.

Sec. 222. Resignation Before Election. ~ A person who resigned from the service
within three (3) months before any election, and without being a candidate engaged in
any political activity shall not be eligible for reemployment in the government during the
‘six (6)-month period following such election.

Sec. 223, Prohibition Against Holding Another Offices or Employment. ~ Unless
otherwise allowed by law or by the primary functions of the position, no appointive
official shall hold any other office or employment in any government agency, including
subsidiaries of GOCCs.

SEC. 224. Prohibitions During Election Period — No appointment, or other human
resource actions, regardless of status, except in the case of reinstatement, shall be issued
forty-five (45) days before any national or local election except barangay and
sangguniang kabataan clecuions and until the assumption of the newly-elected or
reelected appointing officer official

However. in the exigency of the service and subject to the authority by the Commission,
the appointing authority may issue appointments after the election, provided the
following concur.

(a) A vacancy occurred during the prohibited period:

(b) There is need to fill up the yacancy immediately in order not 10 prejudice public
service and/or endanger public safety,

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(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 the prohibited period shall take effect immediately,
notwithstanding any provisions in the appointment 10 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. 225. Prohibition Against Appointments by an Outgoing Appointing
Authority — No appointment in any agency 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 resign but shall not be more than
three (3) months from the effective date of resignation,

However, in the exigency of the service, and upon authority by the Commission, an
‘outgoing appointing authority may issue appointments which shall not exceed three (3)
months from the time the appointing official ceases to hold office.

This prohibition shall embrace all appointments regardless of nature or status,

Sec, 226. Prohibition Against Appointment of a Person Who is a Permanent
Resident or Immigrant of a Foreign Country or a Green Card Holder ~ No
appointment in any agency shall be issued to a person who is a permanent resident or
immigrant of a foreign country, unless it is shown by clear evidence that he/she has
made an irrevocable waiver of his/her status as a permanent resident or immigrant of a
foreign country before such appointment.

‘See. 227. Prohibition Against Supervision by Non-Career Employees. ~ Subject (0
the rules to be issued by the Commission, no consultant, contractual or non-career
employee shall be designated to any position exercising control and supervision over
regular and career employee in the government.

See. 228, Prohibition Against Contracting of Regular Functions. — A person
issued a contract of service shall not discharge duties pertaining to a career or non-career
service position or/and neither shall an institution perform any of the regular functions of
the contracting agency. Provided. however. That the agency may enter into a contract of
service to undertake non-regular functions or support services for the government for a
specific period where no employer-employee relationship exists between the individual
or the institution and the government subject to the rules and regulations promulgated by
the Commission.

Sec. 229, Prohibition Against Hiring of 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

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the Armed Forces of the Philippines, the Philippine National Police or to any penal or
correctional institution, or any government orphanage or leprosarium.

See. 230. Nepotism. — The act of issuing an appointment in the national
government, or in any branch or instrumentality thereof, or in state universities and
colleges, government-owned or controlled corporations with original charters or created
under special Inws, to a person who is related within the third G") degree of
consanguinity or affinity 10 the appointing or recommending authority, the chief of
bureau or office, or of the person exercising immediate supervision over him/her is
hereby prohibited, except otherwise provided by other laws.

‘The following positions are exempt from the operation of the law and rules on
nepotism:
(a) Primarily confidential:
(b) Highly technical,
(c) Policy-determining;
(a) Physician,
(e) Teacher and professorial staff:
(1) Members of the Armed Forces of the Philippines: and
(g) Other positions exempted by other laws.

‘The term “teacher” shall refer only to those actually performing classroom instruction
in both public elementary and secondary schools, Professorial staff shall denote
members of the faculty including instructors of state universities or colleges pnmanly
engaged in academic activities such as teaching in the tertiary level, research and
curriculum development, among others.

‘The restrictions mentioned in this Section shall not be applicable to a member of any
family, who, afler 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 to those devolved to local government units or
who were affected by reorganization

SEC. 231. Political Activity. ~ No public officer or employee in the Civil Service
System holding a non-political position shall engage in any electioneering or partisan
political campaign or take part in any election except to vote, not shall use official
authority or influence to coerce the political activity of any person or body. Nothing
herein provided shall be understood to prevent any public officer or employee from
‘expressing views on current political problems or issues, or from mentioning the names
of candidates for public office whom he/she supports: Provided, That public officers and.

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employees holding political offices may take part in political and electoral activities but
it shall be unlawful for them to solicit contributions from, or subject their subordinates to
‘commit any of the prohibited acts under the Election Code.

In this regard, membership in any political party shall be considered as engaging in
partisan political activity

SEC. 232. Appointment of Military Personnel in the Civil Service System — \t
shall be unlawful for any member of the AFP in the active service to be appointed or to
be designated in any capacity to any civilian position in the government, state
universities and colleges. government-owned or controlled corporations with original
charters or agencies created under the special laws, or local government units

SEC. 233. Additional or Double Compensation. —No elective or appointive official
‘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 goverment unless allowed by law

Pensions, gratuities or honoraria shall not be considered as additional. double or indirect
compensation.
SEC. 234. Courtesy Resignation — 1 shall be unlawful for any official, elective or

appointive. to require officials and employees within his/her jurisdiction to submit
courtesy resignation for whatever reason or purpose.

SEC. 235. Appointment and/or Transfer of Officials and Employees of Oversight
Agencies. -Unless allowed by the Commission in meritorious cases, heads of oversight
agencies and their stalf are prohibited from transferring or being appointed to any
position in the department/agency/office/local goverment unit which his/her unit is
assigned or designated to directly 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. 236. Modes of Termination of Employment. — The following are modes of
terminating employment in the government
a) _ Resignation - A public officer or employee shall be considered separated from
the service effective on the date of effectivity as stated in the formal letter of resignation.

In case the resignation letter has no date of effectivity. the resignation shall be effective
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b) Candidacy - An appointive public official or employee shall be ipso facto
separated from the service on the date of filing of the certificate of candidacy for an
elective position.

©) Death - Upon proof of death, the public official or employee shall automatically
be considered separated from the service

4) Expiration of Period of Employment - The services of a public official or
employee appointed for a fixed period, or for a specific project or whose appointment is
coterminous with the appointing authority 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.

) Dropping from the Service - A public official 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, or due to unsatisfactory or poor performance or physical or
mental unfitness shall be dropped from the service in accordance with the regulations
promulgated by the Commission,

However, the IRR should make reference to Section 32 (g) of RA 7277 also known as
the Magna Carta for Disabled Persons:

“Dismissing or terminating the services of a disabled employee by reason of his
disability unless the employer can prove that he impairs the satisfactory performance of
the work involve to the prejudice of the business entities: Provided. however. That the
employer first sought provide reasonable accommodations for disabled persons.

Conviction ~ The services of the public official and employee shall be
considered terminated upon a finding of guilt in an administrative case where the penalty
imposed is dismissal from the service or conviction by final judgment of a crime where

the penalty of perpetual or temporary, absolute or special disqualification to hold public
office. (Old Definition of “conviction” from previous CS Code version)

2) Retirement - Unless otherwise provided by a special law, the services of any
public official or employee shall be automatically terminated on the day after his/her
sixty-fifth birthday except when his/her services are extended by the Commission in
accordance with its rules and regulations Optional retirement pursuant to law likewise
terminates official relations.

h) _ Expiration of Temporary Appointment - The services of a public official or
employee with temporary appointment shall automatically be terminated upon the
expiration of the appointment unless earlier terminated by the appointing authority

1) _Disapproval of Appointment - The services of a public official or employee are
considered terminated upon the final disapproval of the appointment by the Commission.

Sec. 237. Reduction in Force — The head of a department or agency may
reorganize, 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, subject to law and the rules and regulations which the
‘Commission shall prescribe.

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Title 11 - Sanctions and Liabilities
Chapter 1. Liabilities

Sec. 238. 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,

Sec. 239. Criminal Liability, - Whoever makes any appointment or employs any
person in willful violation of any provision of this Code or the rules and regulations
issued thereunder, or whoever commits fraud, deceit or intentional misrepresentation of
material facts concerning any civil service mater, 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 less than Fifty Thousand Pesos (50,000.00) or by
imprisonment of not less than three (3) years nor more than five (5) years or both at the
discretion of the appropriate court.

‘The same penalty of fine or imprisonment or both as provided above and permanent
disqualification from holding public office shall be imposed upon any appointing
authority who willfully violates any of the provisions of this Code including failure to
abide by the rules promulgated by the Commission or to implement a Commassion order.

‘Title 111 - Fees and Authority to Administer Oaths
‘Chapter 1, Collection of Fees

See. 240. Authority to Collect Fees. ~ The Commission may collect and charge fees
for Civil Service Examinations, certification of civil service ratings, service records. or
appeals in disciplinary and non-disciplinary cases, training courses, seminars and
workshops in human resource management, and for services rendered on other civil
service matters. For this purpose, the Commission shall prescribe standard and
reasonable rates. No fees shall be collected in examinations given for the selection of
scholars

Chapter 2. Authority of Public Officials to Administer Oaths, Take Testimony

See. 241. Who May Administer Oaths or Take Testimony. ~The Chairperson and
Members of the Commission, public officials occupying third level positions and other
public officials and employees of the Commission and other agencies designated in
writing by the concerned heads of agencies, may’ administer oaths as may’ be necessary in
4 transaction of an official business and take a testimony in connection with any
authorized investigation

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Title IV- Fiscal Autonomy and Use of Appropriations and Income
Chapter 1. Fiscal Autonomy

See. 242. Fiscal Autonomy. — The Commission shall enjoy fiscal autonomy. It shall
determine the amount of its annual budget requirements for its human resource services,
operating expenses and capital outlays which shall be submitted for the review. revision
and/or approval of Congress as part of the paper aa national budget without revision by
the Department of Budget and Management. The Department of Budget and
Management shall automatically release the approved budget of the Commission

Sec. 243. Authority 1 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, as are
necessary to carry out the provisions of thts Code. The Commission ts 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 human resource and
organizational development as well as acquisition, repair and maintenance of office
equipment. facilities and supplies

Sec. 244, 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 thus Code shail be respected.

Title IV — Career Executive System Transitory Provisions

Sec. 245 — The incumbent Chairperson of the Board of the current Career Executive
Service Board, as well as the other incumbent Board members, shall continue to exercise
their duties and functions until the new Board shall have been created pursuant to this
Act. The Career Executive System Board (New Board) crested under this Act shall then
succeed and take over the functions of the Career Executive Service Board (Old Board)
and the composition and members of the New Board, as enumerated under Section 6 of
this Act, shall assume their respective posts: Provided, That

(a) All rights pertaining to the CESOs and CESEs which shall have accrued prior to the
effectivity of this Act shall be respected:

(b) The personnel, assets, funds, grants and records of the current CESB secretariat are
hereby transferred to the OCES; and

(c) Incumbent officials and employees of the current CESB secretariat shall continue to

exercise their respective functions, duties and responsibilities with the corresponding
benefits and privileges and shall be deemed absorbed by the OCES

67


‘Title V - Final Provisions

Sec. 246. Implementing Rules and Regulations ~ The Commission shall
promulgate rules and regulations and set guidelines and standards to implement the
provisions of this Code.

For The Chapters of Career Executive Service the Commission and the Board shall
set the guidelines and standards to implement the provisions on CES

‘These shall become effective fifteen (15) days after its publication in the Official
Gavette or ina newspaper of general circulation

Sec. 247. Repealing Clause. ~ Republic Act No. 2260, Republic Act No. 6040.
Presidential Decree No. 807, Presidential Decree No. |, Presidential Decree No. 1409_
Executive Order No. 135, series of 1987, Executive Order No. 180 and Book V, Title 1,
Subtitle A on the Civil Service Commission of Executive Order No. 292, series of 1987,
and Section 2 of RA 6758 are hereby repealed. Section 2. Rule IV. LOI, Section 42 of
PD 205, Section 11 of PD 1752, Section 24 of RA 6770, Section 56, Title VIII and
Section 46, Title VI of RA 7157, Sections 77,79 and 85 of RA 7160, Section S of RA
7836, Section 18 (a) of RA 7875, Section 1 of RA #190, Section 42 of RA 8291 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. 248. Supplemental Applications. ~ The Rules of Court shall have supplemental
application to this Code.

Sec. 249. Separability Clause. —\f 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
See. 250. Effectivity Clause. This Code shall take effect thinty (15) days following

its publication in the Official Gazette or in a national newspaper of general circulation in
the Philippines

Approved,