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REPUBLIC OF THE PHILIPPINES / _ Ane
HOUSE OF REPRESENTATIVES Lf
Quezon City

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EIGHTEENTH CONGRESS
First Regular Session
52

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

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

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

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

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

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

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

MAN OCHAN IIT
Representati
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

52
House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
PROVIDING FOR SECURITY OF TENURE FOR ALL CASUAL
ANDCONTRACTUAL EMPLOYEES OF THE GOVERNMENT WHO
HAVERENDERED THE PRESCRIBED YEARS OF SERVICE IN THE
NATIONALGOVERNMENT AGENCIES AND THE LOCAL GOVERNMENT
UNITSAND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy. - The State shall harness its human resources to
cope with the rapid economic development and population growth. Government workers,
being very important components of the State’s human resources, shall be given the equal
opportunity to qual:ty education, justice andsecurity of tenure.

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

SEC. 3. Status of covered employees and affected positions. - All of the positions
affected by this Act currently held by the covered employees shall be deemed necessary
and/or desirable for the efficient operation of the government and shall be marked as co-
terminus with the incumbent. All covered employees may not be separated or terminated
from the said positions except for just or lawful cause and with due process of law nor can
their positions be abolished except when the same are vacated by their incumbents.


SEC. 4. Implementing Rules and Regulations. - The Civil Service Commission, in
consultation with the Department of Budget and Management, shall issue the rules and
regulation necessary to implement the provisions of this Act. Said implementing rules and
regulations shall be promulgated within ninety (90) days afterthe approval of this Act.

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

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

SEC. 7. Repealing Clause. - All laws, decrees, executive orders, department or
memorandum orders and other administrative issuance or parts thereof which are inconsistent
with the provisions of this Act are hereby modified, superseded or repealed accordingly.

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

Approved,