FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.No. 2072 
v . 
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Introduced by Senator EDGARDO J. ANGARA 
EXPLANATORY NOTE 
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The biggest employment agency in the country today is the Philippine government. 
Tasked with the vital responsibility of running the bureaucracy and the delivery of basic 
services to the people, the salient role of the civil service cannot be over-emphasized. But 
despite its role and its existence for over a hundred years, there exist a vacuum of 
permanent, stable, integrated and· comprehensive policies and laws governing our 
Philippine Civil Service System. 
True, there are laws and regulations that govern the operation of the civil service, as 
are found scattered in quite a number of laws, decrees, letters of instructions, executive 
orders and administrative issuances. Yet, there are still apparent gaps that more often cause 
problems and controversies due to inconsistencies in said issuances or irrelevance or 
obsoleteness in light of the changing times. 
Taking this to heart, there i.s therefore an insistent need to update, even repeal, 
modify and/or amend existing laws, decrees, LOIS, EOs and administrative issuances 
relative to the civil service to fully advance the professionalism of the government 
bureaucracy. Codification, therefore, of aforesaid policies and legislation is pressing and 
equally fitting. 
This proposed Philippine Civil Service Code of 2005 seeks to address the deeply 
rooted problems confronting the public service, to wit: graft and corruption; bureaucratic 
red tape; violations of the rights of the employees, specifically the right to security of 
tenure and the right to due process of law; violations of the merit and fitness principle; 
partisan political activities; inadequate benefits and privileges of employees; organization 
ineffectiveness and the unnecessary delays in the delivery offrontline services. 
The salient features of the proposed Code are: I) shortened adjudication process in 
administrative cases; 2) decentralized functions of the Civil Service Commission to 
departments/agencies of government; 3) substantive reduction of management discretion in 
personnel actions thereby requiring government agencies to hire or promote the best 
qualified applicants; 4) enhanced employees' rights particularly the right to joh security 
and protection from partisan influences; and 5) restructured employee privileges to 
conform to current norms and standards, including expanded leave privileges. 
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Approval ofthis measure, therefore, is earnestly sought. 
EDGARDO J. ANGARA 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2072 
Introduced by Senator EDGARDO J. ANGARA 
AN ACT 
ESTABLISHING A CIVIL SERVICE CODE OF THE PHILIPPINES 
AND FOR OTHER PURPOSES 
Be it enacted in the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
BOOK I. GENERAL PRINCIPLES 
Title I - Policies on Civil Service System 
Chapter One. Policies and Principles 
SECTION 1. Short Title. 
This Act shall be known as the"Philippine Civil 
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Service Code of 2007. " 
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SEC. 2. Declaration of Policy. - The State recognizes the primary and important 
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role of the civil service system in providing stability, continuity and expertise in 
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government operations, ensuring delivery of public services and achieving the national 
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development goals of peace, human security and sustainable human development. The 
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state shall provide the enabling environment that will promote its integrity, independence, 
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productivity and excellence. 
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It is the policy of the State to promote the Constitutional mandate that appointments 
16 
in the civil service system shall be made only on the principle of merit and fitness; that 
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public office being a public trust, [government personnel] PUBLIC OFFICERS AND 
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EMPLOYEES must be accountable to the people and live the principles of utmost 
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responsibility, integrity, loyalty, efficiency, patriotism, justice and modesty in serving the 
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people; that employment opportunities in the civil service system shall be equally available 
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AND ACCESSIBLE to all qualified citizens; that no [government personnel] PUBLIC 
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OFFICER OR EMPLOYEE shall be disciplined, suspended or dismissed except for 
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caLlse and after observing due process of law OR EXCEPT IF TERMINATED FOR 
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NON-DISCIPLINARY CAUSES; that the Civil Service Commission, being the central 
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personnel agency of the government, shall administer the civil service system and be 
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responsible in providing policies and guidelines on the selection, utilization, training and 
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discipline of [government personne!] PUBLIC OFFICERS AND EMPLOYEES; that 
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their right to self organization, collective negotiation and peaceful concerted activities, 
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including the right to strike in accordance with the provisions of this Code, shall be 
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guaranteed and respected; that equal pay for equal work shall be guaranteed; and actions 
lIon personnel matters shall be decentralized, with the different departments and other 
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offices or agencies of the government delegating to their regional offices or other similar 
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units, powers and functions; and that the autonomy of Local Government Units shall be 
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respected. 
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SEC. 3. Definition. With reference to the civil service system and as used in this 
17 
Code, the following terms shall be construed to mean as follows: 
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(a) "Agency" refers to any department, bureau, office, commission, administration, 
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board, committee, institute, government-owned or controlled corporation with 
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original charter, local government units, state universities and colleges, [and 
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entities and corporations sequestered by the government,} or any other unit of the 
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National Government, as well as provincial, city, municipal government, except as 
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hereinafter otherwise provided; 
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(b) "Appointing Authority" refers to the person or body authorized by law to make 
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appointments in the civil service system; 
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(c) "Appointment" refers to the document issued by the appointing authority allowing 
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the appointee to occupy the position stated therein and to perform its functions and 
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receive the corresponding compensation. It could also refer to the selection by the 
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appointing authority of an individual who is to exercise the functions of the 
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position; 
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(d) "Career Executive Service (CES)" refers to the strong, stable and competent p~ol 
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of career public managers that will provide effective support to national 
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development. 
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(e) "CESB" is the Career Executive Service Board. 
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(f) "Career Executive Service Officer (CESO) " refers to a person conferred aCES 
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rank; 
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(g) "Chairperson" is the Chairman of the Civil Service Commission. 
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(h) "Civil service" refers to the men and women employed to carry out public services, 
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in all branches, agencies, subdivisions and instrumentalities of government, 
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govemment-owned and -controlled corporations with original charters or created 
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under special laws, local govemment units, AND state universities and colleges(, 
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and entities and corporations sequestered by the government}. 
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(i) "Civil service eligible" refers to a person who passed a civil service examination or 
lOis granted a civil service eligibility by law or by the Civil Service Commission; 
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(j) "Civil service system" refers to the institution mandated to carry out public 
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services, in all branches, agencies, subdivisions and instrumentalities of 
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govemment, government-owned and -controlled corporations with original charters 
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or created under special laws, local govemment units, AND state universities and 
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colleges [, and entities and corporations sequestered by the government}; 
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(k) "Class" refers to all positions in the civil service system that are sufficiently similar 
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as to duties and responsibilities and require similar qualifications that can be given 
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the same title and salary and, for all administrative and compensation purposes, be 
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treated alike; 
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(1) "Commission" refers to the Civil Service Commission; 
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(m) "Commissioner" refers to either of the two (2) other members of the Commission; 
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(n) "Consultant" refers to the person employed under a consultancy contract hired by 
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reason of expertise, to perform highly specialized functions not readily available 
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from career personnel, for a short duration, having no employer-employee relation 
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with the hiring agency; 
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(0) "Department" refers to any of the departments in the Executive branch, Congress, 
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the Judiciary and any of the constitutional commissions; 
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(p) "Disciplining authority" refers to the person or body authorized to suspend, 
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dismiss or discipline PUBLIC OFFICERS and employees in the civil service 
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system; 
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(q) "Eligibility' refers to the qualification, acquired by an individual after passing a 
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civil service examination or granted by law, for entrance into and promotion in the 
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career service; 
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(r) 'Employee' refers to any person employed in the civil service system of whatever 
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category or class up to division chieflevel; 
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(s) 'Employee organization' refers to a duly registered employee organization, union, 
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association, FEDERATION, CONFEDERATION, society or alliance in 
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accordance with the provisions of this Code; 
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(t) "Examination' refers to the test conducted by the Commission or any agency 
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authorized by law for the purpose of determining merit and fitness for appointment 
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in the civil service system; 
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(u) "Grievance' refers to an employee's complaint regarding working conditions, 
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working relationships or employment status; 
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(v) "Grievance procedure" refers to the process of resolving employee grievances; 
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(w) "Highly technical position' refers to a position which requires the occupant to 
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possess skill or training in a supreme or superior degree, like that of a scientist; 
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(x) 'Job order" refers to a contract of service of individuals paid under a lump sum 
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appropriation for a short duration having no employer-employee relation with the 
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government, 
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(y) "Merit system' refers to an organized mechanism by which the selection, 
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utilization, compensation, training, retention and discipline of employees in the 
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service are governed by comparative merit and achievement; 
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(z) "Party adversely affected" refers to the respondent against whom a decision in a 
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disciplinary case has been rendered; 
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(aa) 
"Personnel action' is any movement of personnel In the civil service 
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system; 
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(bb) 
"Policy determining position" refers to a position which vests in the 
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occupant the power to formulate policies for the government or any of its agencies, 
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subdivisions, or instrumentalities, like that of a member of the Cabinet; 
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(cc) 
"Position" refers to an occupational title with a defined set of duties and 
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responsibilities to be performed by an individual either on full-time or part-time 
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basis; 
(dd) 
"Primarily confidential position" refers to a position where the occupant 
enjoys more than the ordinary confidence of the appointing power but bears such 
close intimacy which relieves the latter from misgivings of betrayal of personal 
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trust on confidential matters, like that of a private secretary; 
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(ee) 
"PUBLIC OFFICERS" as distinguished from employees, refers to those 
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whose functions are managerial or executive in nature and above the division chief 
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level; 
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(ff) "Qualification standards" refer to the minimum requirements for a class of 
position expressed in terms of education, training, experience, civil service 
eligibility, physical fitness and other qualities required by the job; 
(gg) 
"Rank-and-file" shall refer to employees occupying positions in the first 
and second levels; 
(hh) 
"Reorganization" refers to the process of restructuring the bureaucracy's 
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organizational and functional set-up with the view of making it more economical, 
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effective, efficient and responsive to the needs of the public; 
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(ii) "Sequestered agency" refers to any business entity recovered or sequestered by the 
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government in accordance with law.]; 
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Uj) "Solo parent" refers to an individual who falls under any of the following 
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categories: 
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2. 
3. 
4. 
5. 
6. 
7. 
A woman who gives birth as a result of rape and other crimes 
against chastity even without a final conviction of the offender: 
Provided, that the mother keeps and raises the child; 
Parent left solo or alone with the responsibility of parenthood 
due to death of spouse; 
Parent left solo or alone with responsibility of parenthood while 
the spouse is detained or is serving sentence for a criminal 
conviction for at least one (1) yr; 
Parent left solo or alone with the responsibility of parenthood 
due (0 physical and/or mental incapacity of spouse as certified 
by a public medical practitioner; 
Parent left solo or alone with the responsibility of parenthood 
due to legal separation or de facto separation from spouse for at 
least one (1) year, as long as he/she is entrusted with the 
custody of the children; 
Parent left solo or alone with the responsibility of parenthood 
due to declaration of nullity or 'annulment of marriage as 
decreed by a court or by a church who is entrusted with the 
custody ofthe children; 
Parent left solo or alone with the responsibility of parenthood 
due tQ abandonment of spouse for at least one (I) year; 
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Unmarried mother/father who has preferred to keep and rear 
her/his child/children instead of having others care for them or 
give them up to a welfare institution; 
9. 
Any other person who solely provides parental care and support 
to a child pr children; 
10. 
Any family member who assumes the responsibility of head of 
family as a result of the death, abandonment, disappearance or 
prolonged absence of the parents or solo parent. 
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(ii) "Strike" refers to a concerted. action of an accredited employee organization which 
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will result in temporary stoppage or disruption of public service 
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Chapter Two. Rights and Obligations of Public Officers and Employees in the Civil 
15 
Service System 
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SEC. 4. Rights. - PUBLIC OFFICERS and employees in the civil service system 
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shall have the right to: 
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(a) Security oftenure; 
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(b) Exercise the authority attendant to their positions; 
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(c) Enjoy leave, welfare, retirement and other benefits and services; 
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(d) Self-organization or to form and join unions, associations, FEDERATIONS, 
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CONFEDERATIONS, societies or ALLIANCES for purposes not contrary to 
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law; 
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(e) For rank-and-file employees of accredited organizations to collectively 
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negotiate for terms and conditions of employment in accordance with existing 
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laws; and 
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(I) Enjoy such other rights provided by law. 
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SEC. 5. Obligations. - PUBLIC OFFICERS and employees in the civil service 
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system shall: 
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(a) Uphold and defend the Constitution and laws of the Republic of the Philippines; 
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(b) Take and subscribe to an oath before assumption of office; 
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( c) Be accountable at all times to the people, and serve them with utmost 
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responsibility, integrity, loyalty and efficiency, act with patriotism and justice 
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and lead modest lives; 
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(d) Discharge their duties faithfully and maintain the required level of productivity 
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of their positions for the benefit of the public; 
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(e) Submit upon assumption to duty and as often as may be prescribed by law, a 
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sworn statement of assets, liabilities and net worth and disclosure of business 
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interests and financial transactions; 
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(i) Identify and disclose, to the best of their knowledge, their relatives in 
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government, in the manner and frequency as may be prescribed by law, rules 
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and regulations; 
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(g) Undertake programs of self-development to improve their performance and 
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levels of service; and 
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(h) PERFORM SUCH OTHER OBLIGATIONS AS MAY BE PROVIDED 
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BYLAW. 
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Title II - Scope of the Civil Service System 
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Chapter One. Positions in the Civil Service System 
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SEC. 6. Coverage. - The civil service system embraces all branches, subdivisions, 
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instrumentalities, and agencies of the Government, including local government units, state 
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universities and colleges, [entities and corporations sequestered by the government,} and 
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government-owned or -controlled corporations with original charters. 
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SEC. 7. Administration of·the Civil Service System. - As the central personnel 
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agency of the government, the Commission shall establish a career service, administer the 
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civil service system, adopt measures to promote morale, efficiency, competency, integrity, 
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honesty, responsiveness, progressiveness, courtesy and gender sensitivity in the civil 
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service system, strengthen the merit and rewards system, integrate all human resource 
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development programs for all levels and ranks therein and institutionalize a management 
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climate conducive to public accountability. 
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SEC. 8. Categories of Positions. - Positions in the civil service system shall be 
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categorized as career and non-career. 
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SEC. 9. The Career Service. - The career service shall be characterized by (a) 
2 
entrance based on merit and fitness to be determined, as far as practicable, by competitive 
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examinations or on highly technical qualifications; (b) opportunity for advancement to 
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higher career position; and (c) security of tenure which is also based on performance, 
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mechanics of which shall be formulated by the Commission. 
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SEC. 10. Positions Included in the Career Service. - Positions m the career 
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service include the following-. : 
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Ca) 
(b) 
Open career positions - appointment to any level in the career service which 
requires qualification in an appropriate examination or other modes in 
accordance with law; 
Closed career positions - positions that are scientific Of highly technical in 
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nature which shall estftblish and maintain their own merit systems, such as 
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the following: 
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I. Faculty and academic staff of state universities and colleges or scientific 
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and technical positions in scientific or research institutions; 
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2. Career Executive Service, 
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3. Career Officers, other than those in the Career Executive Service who 
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are appointed by the President, such as the Foreign Service Officers in 
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the Department of Foreign Affairs, the judges and justices in the 
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Judiciary and the prosecutors in the prosecution services; 
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4. Uniformed and commissioned personnel of the Philippine National 
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Police; 
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[(c) Personnel of government-owned or controlled corporations with original 
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charters, whether performing governmental or proprietary functions, who do not fall under 
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the non-career service; and} 
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(c) 
Permanent laborer, whether skilled, semi-skilled, or unskilled. 
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SEC. 11. Classes of Positions in tlte Career Service. - Positions in the career 
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service shall be grouped as follows: 
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(a) 
(b) 
First Level - includes clerical, trades, crafts and custodial 
positions whether in a non-supervisory or supervisory capacity; 
Second Level - includes professional, highly technical, scientific 
or other highly specialized positions in a supervisory or non-
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(c) 
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supervisory capacity requiring at least a baccalaureate degree or 
its equivalent as determined by the Commission; and 
Third Level - the highest level positions in the career service as 
determined in the [National] POSITION Classification and 
Compensation [Plan] SYSTEM. 
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Except as otherwise provided in this Code, entrance to the first two levels shall be 
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through competitive or special examinations to be AUTHORIZED by the Commission. 
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Entrance to the third level shall be based on qualification requirements prescribed by the 
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Commission THROUGH THE CESB. [Entrance to a higher Zed does not require 
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previous qualification in the lower leveL] 
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SEC. 12. The Non-Career Service. - The non-career service shall be characterized 
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by merit and fitness to be determined by (a) modes other than those of the usual tests 
IS 
utilized for the career service; (b) tenure which is limited to a period specified by law; (c) 
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tenure which is co-terminus with tllat of the appointing authority or subject to his/her 
17 
pleasure or which is limited to the duration of a specific project for which purpose 
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employment was made; and (d) the primarily confidential nature of the position. 
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SEC. 13. Positions Included ill the NOll-Career Service. - The non-career service 
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shall include the following: 
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(a) 
(b) 
(c) 
(d) 
(e) 
Elective 
OFFICERS 
and 
their personal 
and primarily 
confidential staff; 
Department heads and other PUBLIC OFFICERS of Cabinet 
rank who occupy their positions at the pleasure of the President 
and their personal and primarily confidential staff; 
Chairpersons and members of constitutional commissions and 
other commissions, boards and other bodies with fixed terms of 
office and their personal and primarily confidential staff; 
Non-career undersecretaries and non-career assistant secretaries 
and their personal and primarily confidential staff; 
Contractual personnel or those whose employment 
IS 
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accordance with a special contract for a maximum period of one 
year to undeliake a specific work or job which requires special or 
technical skills not available in the employing agency; 
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(f) 
Those whose positions may be declared as personal and 
primarily confidential by the Commission; and Emergency, 
casual and seasonal personnel. 
Title III - The Civil Service Commission 
Chapter One. Composition, Duties and Fuuctions 
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SEC. 14. Composition. - The Commission shall be composed of a Chairperson and 
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two (2) Commissioners. 
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AS 
FAR 
AS 
PRACTICABLE, 
THE 
COMPOSITION 
OF 
THE 
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COMMISSION MUST BE GENDER-BALANCED. 
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SEC. 15. Qualifications of tlte Cltailperson and Commissioners. -
The 
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Chairperson and Commissioners shall be natural-born citizens of the Philippines, and at the 
16 
time of their appointment are at least thirty-five (35) years of age with proven capacity for 
17 
public administration and must not have been candidates for any elective position in the 
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elections immediately preceding their appointment. At least one (1) of them must be a 
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lawyer. 
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SEC. 16. Terms of Office. - The Chairperson and Commissioners shall be 
22 
appointed by the President subject to confirmation of the Commission on Appointments 
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for a term of seven (7) years without reappointment. In no case shall any Member be 
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appointed or designated in a temporary or acting capacity. Appointment to any vacancy 
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shall be only for the unexpired term of the predecessor. 
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SEC. 17. Compensation. - The salaries of the Chairperson and the Commissioners 
28 
shall be fixed by law and shall not be decreased during their tenure. 
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SEC. 18. [Prohibition. - No Member- of the Commission shall, during their tenure, 
31 
hold any other office or employment except when expressly provided by law.] Powers and 
32 
Functions of the Commission. - The Commission shall have the following powers and 
33 
functions: 
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(a) 
Administer and enforce the constitutional and statutory provisions on the 
merit system for all levels and ranks in the civil service system; 
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(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
CD 
(k) 
(1) 
Prescribe, enforce and amend rules and regulations for carrying into 
effect the provisions of this Code and other pertinent laws which shall 
become effective thirty (30) days from the date of publication in the 
Official Gazette or in a national newspaper of general circulation; 
Promulgate its own rules concerning pleadings and practice before it or 
any of its offices~ Such rules shall not diminish, increase or modify 
substantive rights; 
Promulgate policies, standards and guidelines for the civil service 
system and adopt plans and programs to promote economical, efficient 
and effective personnel administration in the government; 
Formulate policies and regulations for the administration, maintenance 
and implementation of position classification and compensation and set 
standards for the establishment, allocation and reallocation of pay scale 
classes and positions; 
Render decisions, orders, opinions or rulings on civil service matters 
which shall be binding on heads of departments and agencies and 
immediately executory; 
Confer ranks [upon CES eligibles] upon recommendation by the Career 
Executive Service Board: 
Discipline CES members for cause after due process; 
Manage the administration of the civil service examinations. Any entity 
or OFFICER OR EMPLOYEE OF THE [in] government may be 
called upon by the Commission to assist in the preparation and conduct 
of the said examinations. Such assistance includes, but is not limited to, 
the provision of personnel and security, the use of buildings and 
facilities, as well as the transportation of examination materials; 
Grant civil service eligibility to qualified applicants based on Civil 
Service 
examination 
results, 
performance, 
training, 
education, 
qualifications and other similar standards, subject to the guidelines it 
may prescribe; 
Prescribe all forms for civil service examinations, appointments, reports 
and such other forms as may be required by law and the rules and 
regulations of the Commission; 
Declare, when appropriate, positions III the civil service system as 
primarily confidential, highly technical or policy-determining; 
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(m) 
(n) 
(0) 
(p) 
(q) 
(r) 
(s) 
(t) 
(u) 
Formulate, administer and evaluate programs relative to the selection 
and recmitment, development and retention of qualified and competent 
work force in the public service, including administration, development 
and evaluation of training, scholarship [programs} and retirement 
programs; 
Hear and decide administrative cases and other Civil Service matters 
brought before it directly or on appeal, including disciplinary matters, 
contested appointments or personnel actions; 
Issue subpoena ad testificandum (process directing a person to testify) 
and/or subpoena duces tecum (process directing a person to produce 
with him/her any book, document or other things under his/her control 
pertinent to the issue of a pending controversy); 
Issue a writ of preliminary injunction or temporary restraining order 
when, on the basis of the allegations in the petition, it is established that 
the acts complained of, involving or arising from any personnel actions, 
if not restrained or performed immediately, may cause grave or 
irreparable injury to any party or render ineffectual any decision of the 
Commission in favor of such party; 
Deputize OFFICERS AND EMPLOYEES of the Commission and of 
other departments and agencies to investigate and hear cases and to 
submit their findings and recommendations to the Commission. For this 
purpose, deputized OFFICERS AND EMPLOYEES may Issue 
subpoena ad testificandum (process directing a person to testify) and/or 
subpoena duces tecum (process directing a person to produce with 
Him/her any book, document or other things under his/her control 
pertinent to the issue of a pending controversy); 
Delegate any power or function of the Commission to its regional or 
• 
field offices; 
Review decisions and actions of its offices; 
Enforce and execute its decisions, orders and mlings, and for this 
purpose, deputize any national or local law-enforcement agency or 
instmmentality of the government which shall act under the direct and 
immediate supervision of the Commission; 
Punish for contempt, direct and indirect, OFFICERS, employees and 
other persons for refusal or failure to comply with the decisions, orders, 
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(v) 
(w) 
(x) 
(y) 
(z) 
(aa) 
(bb) 
(cc) 
(dd) 
rulings or processes and proceedings of the Commission. The 
Commission may impose a penalty of fine of not less than Pl,OOO,OOO 
per day until compliance, or suspension from office without pay for a 
period of not more than thirty (30) days; or both as the circnmstances 
may warrant; 
Advise the Presideht on all matters involving personnel management in 
the civil service system and submit to the President an annual report on 
personnel programs; 
Act on all appointments and other personnel matters in the civil service 
system; 
Inspect and audit the personnel actions and programs of the departments, 
agencies, bureaus, offices, and other instrumentalities of the government, 
including government-owned and -controlled corporations with original 
charters, local government units, state universities and colleges, [and 
entities and corporations sequestered by he government}; conduct 
periodic review of the decisions and actions offices or OFFICERS to 
• 
which authority has been delegated by the omission and apply 
appropriate sanctions whenever necessary; 
Prescribe rules and policies on employee organizations and regulate 
employee-management relations including the settlement of disputes; 
Prescribe and enforce rules and regulations to ensure safe, healthy and 
proper working conditions for employees; 
Keep and maintain personnel records, extend and accredit government 
service of PUBLIC OFFICERS and employees; 
Delegate authority for the perfonnance of any of its functions to other 
departments and agencies where such functions can be effectively 
perfonned; 
Appoint and discipline its OFFICERS and employees in accordance 
with law and exercise control and supervision over the activities of the 
Commission; 
ADMINISTER PROGRAMS THAT WILL FOSTER AN HONEST, 
GRAFT-FREE PUBLIC SERVICE, INCLUDING BUT NOT 
LIMITED TO THE ENCOURAGEMENT AND PROTECTION OF 
PERSONS 
WHO 
REPORT 
TO 
PROPER GOVERNMENT 
13 


I 
2 
3 
AUTHORITIES ANOMALIES 
AND 
IRREGULARITIES IN 
GOVERNMENT OPERATIONS; 
(ee) 
Exercise all powers and perfonn the functions properly belonging to a 
4 
central personnel agency. 
5 
6 
SEC. 19. Duties and Responsibilities of the Chairperson and the Commissioners. 
7 
(al The Chairperson and the two Commissioners shall be responsible for the effective 
8 
exercise of the rule-making, policy-fonnulation and adjudicative functions of the 
9 
Commission. They shall decide by a majority vote on any case or matter brought 
10 
before the Commission within sixty (60) days from the date of its submission for 
II 
decision or resolution. 
12 
(b) The Chairperson shall be the chief executive officer and shall perfonn the 
I3 
following functions: 
14 
1. Execute and administer the internal policies, decisions, orders, and 
IS 
resolutions approved by the Commission; 
16 
2. Direct and supervise the operations and internal administration of the 
17 
Commission; 
18 
3. Sign appointments of subordinate OFFICERS and employees made by the 
19 
Commission and enforce decisions on administrative discipline involving 
20 
them; 
21 
4. Submit the annual budget of the Commission to Congress for its approval; 
22 
5. Transmit to the President, rules and regulations adopted by the Commission 
23 
which require presidential attention including annual and other periodic 
24 
reports; 
25 
6. Delegate authority, in whole or in part, to other OFFICERS of the 
26 
Commission, in accordance with the Rules and Regulations of the 
27 
Commission; and 
28 
7. Perform such other functions as may be provided by law. 
29 
(c) The Chairperson shall be a member of the board of directors and governing body of 
30 
government entities whose functions affect the career development, employment 
31 
status, rights, privileges and welfare of PUBLIC OFFICERS and employees, such 
32 
as the Government Service Insurance System (GSIS), Foreign Service Institute 
33 
(FSI), Board of Foreign Service Examinations (BFSE), Foreign Trade Service 
34 
Board (FTSB), Board for Professional Teachers (BPT), Scientific Career System 
35 
(SCS), 
Development 
Academy 
of 
the 
Philippines 
(DAP), 
HOME 
14 


-, 
1 
DEVELOPMENT MUTUAL FUND (HDMF), PHILIPPINE HEALTH 
2 
INSURANCE CORPORATION (PHILHEALTH) and other similar boards as 
• 
3 
may be created by law. 
4 
(d) The Chairperson may delegate any of these responsibilities to any of the 
5 
Commissioners and other ranking OFFICERS of the Commission. The 
6 
Commissioners may perform such functions as may be delegated by the 
7 
Commission. In the absence of the Chairperson owing to illness or incapacity, the 
8 
senior Commissioner shall act as, and perfOlID the functions of the Chairperson. 
9 
10 
11 
SEC. 20. Commission Proceedings. - The proceedings of the Commission shall be 
12 
in accordance with such rules as it may adopt. 
13 
14 
15 
16 
Chapter Two. Organization and Structure 
17 
SEC. 21. Offices in the Commission. - The Commission shall have the following 
, 
18 
offices: 
19 
(a) Office of the Assistant Commissioners; 
20 
(b) Office for Career Executive Service Secretariat 
21 
(c) Office for Legal Affairs; 
22 
(d) Examination, Recruitment, and Placement Office; 
23 
(e) Personnel Policies and Standards Office; 
24 
(I) Human Resource Development Office; 
25 
(g) The Civil Service Institute; 
26 
(h) P[ersonnel)UBLIC SECTOR LABOR Relations Office; 
27 
(i) Public Assistance and Information Office; 
28 
(j) Integrated Records Managel1}ent Office; 
29 
(k) 0 ffice for Planning and Administration; 
30 
(1) Office for Financial and Assets Management; 
31 
(m)Office for Personnel Management and Development; 
32 
(n) Staff Support Offices; 
33 
(I) Internal Audit Service 
34 
(2) Commission Secretariat 
35 
(0) Regional Offices/Field Offices 
15 


,. 
I 
2 
SEC. 22, Office of the Assistant Commissioners. - The Office of the Assistant 
3 
Commissioners (OACs) shall render executive staff functions to the Commission in the 
4 
areas of research, policy review and program development. This office shall also handle 
5 
special projects and maintain external linkages as may be deemed necessary by the 
6 
Commission. 
7 
8 
SEC. 23. Office for Career Executive Service Secretariat. - The functions of the 
9 
Office for Career Executive Service Secretariat (OCESS) is defined in Chapter 3 on the 
10 
Career Executive Service. 
I I 
12 
SEC. 24. Office for Legal Affairs. - This office shall provide the Commission with 
13 
legal advice and assistance in the exercise of its rule-making, policy formulation, 
14 
prosecution, quasi-judicial and other functions. The Solicitor General shall represent the 
15 
Commission in connection with cases involving its functions before any court or tribunal. 
16 
The Solicitor General may deputize, attorneys of the Commission to appear before such 
17 
courts or tribunals but shall be under the supervision and control of the Solicitor General 
18 
with respect to such cases. 
19 
20 
21 
22 
SEC 25. Examination, Placement and Recruitment Office. - The Examination, 
23 
Placement and Recruitment Office (ERPO) shall take charge of developing, enhancing, 
24 
controlling, supervising and coordinating pertinent schemes in the granting of civil service 
25 
eligibility such as but not limited to administration of Civil Service examinations. It shall 
26 
also take charge of formulating programs, policies, standards and guidelines 111 the 
27 
certification and placement of civil service eligibles. 
28 
29 
SEC. 26. Personnel Policies and Standards Office. - The Personnel Policies and 
30 
Standards Office (PPSO) shall take charge of the formulation and periodic review of 
31 
qualification-, 'performance- and proJ?otion-standards within the context of the merit and 
32 
rewards policies of the various closed and open career systems. The office shall, in 
33 
coordination with appropriate offices in the Departmer:t of Budget and 
34 
Management (DBM), develop policies and regulations with respect to the administration, 
35 
maintenance and implementation of position classification & compensation as well as 
16 


standards for the establishment, allocation and reallocation of pay scales, classes and 
2 
positions. 
3 
4 
OPPS shall also develop policies, programs and regulations relative to performance 
5 
management, as well as the inspection and audit of personnel mechanisms in the 
6 
government agencies. 
7 
8 
SEC. 27. Human Resource Development Office. - The Human Resource 
9 
Development Office (HRDO) shall formulate, administer, monitor and evaluate HRD 
10 
programs and policies relative to the development and retention of a qualified and 
II 
competent work force in the public service. It shall also be responsible for the innovation 
12 
and modeling of development interventions to enhance capacities and reinforce service 
13 
values of public servants. 
14 
15 
SEC. 28. Civil Service Institute. - This office shall be responsible for the design 
16 
and administration of the Commission's training programs. 
17 
18 
SEC. 29. P[ersonnelJ UBLIC SECTOR LABOR Relations Office. -
The 
19 
P[ ersonnellUBLIC SECTOR LABOR Relations Office (PSLRO) shall take charge of all 
20 
inter- and intra-public sector union concerns such as employee relation standards, 
21 
conciliation, registration and accreditation of unions including advocacy work. It shall also 
22 
serve as the secretariat for the Public Sector Labor Management Council (PSLMC). The 
23 
conduct of research and training on public sector unionism, as well as the function of 
24 
designing and developing labor education programs shal1 also be lodged in this office. 
25 
26 
SEC. 30. Public Assistance and Information Office. - The Public Assistance 
27 
Information Office (PALO) shall take charge of managing an effective infornlation 
28 
exchange system between the Commission and its internal and external publics. Its 
29 
function includes maintaining strong linkages with media institutions/practitioners as well 
30 
as undertaking special projects, slIch as the CSC anniversary celebration and the Honor 
31 
Awards Program, necessary in carrying-out its dual role of information dissemination as 
32 
well as feedback generation on operations, programs and thrusts ofthe Commission. 
33 
34 
SEC. 31. Integrated Records Management Office. - The Integrated Records and 
35 
Management Office (IRMO) shall formulate and implement policies, standards and 
17 


, , 
regulations pertaining to the storage, maintenance, security control, and disposal of 
2 
government personnel records and other related civil service documents. Management of 
3 
such records includes maintenance of the resource center for computer-based infonnation, 
4 
the library, the archives, and the museum of the Commission. IRMO shall also be 
5 
responsible for the management of incoming and outgoing communications of the 
6 
Commission. 
7 
8 
SEC. 32. Office for Planning and Administration .. - The Office for Planning and 
9 
Administration (OPA) shall be responsible for the fonnulation, implementation and 
10 
monitoring of the long-term Strategic Plans of the Commission. It shall provide technical 
• 
11 
support and assistance to the Commission on organizational planning, benchmarking and 
12 
research and in the development of work programs and projects of the different 
13 
Commission offices consistent with its mandate. OP A shall also oversee the fonnulation 
14 
and management of the Infonnation Technology Plan that shall serve as the blueprint for 
.15 
the development, implementation, and maintenance of communication and infonnation 
16 
systems vital to the internal operations of the CSC as well as to the decision-making 
17 
functions of the Commission. 
18 
19 
SEC. 33. Office for Financial and Assets Management. - The Office for Financial 
20 
Assets and Management (OF AM) shall take charge of ensuring sound fiscal and asset 
21 
management consonant with the annual, supplemental and special budgets of the 
22 
Commission as contained in the General Appropriations Act. 
23 
24 
SEC. 34. Office for Personnel Management and Development. - The Office for 
25 
Personnel Management and Development (OPMD) shall take charge of fonnulating the 
26 
human resource management and development plan of the Commission, which includes 
27 
development of sound policies on personnel management in the areas of recruitment and 
28 
selection, employee welfare and discipline, career development programs as well as 
29 
position classification and pay plan of the Commission. 
30 
31 
SEC. 35. Internal Audit Service. - The Internal Audit Service (lAS) shall oversee 
32 
the periodic evaluation of existing methods and procedures, including financial systems, in 
33 
the Commission and on the basis of such, fonnulate plans and programs relative to fiscal 
34 
discipline, and management improvement and productivity ofthe Commission. 
35 
18 


SEC. 36. Commission Secretariat. - The Commission Secretariat (COMSEC) shall 
2 
take charge of programming and coordinating regular and special meetings of the 
3 
Commission. Its function includes efficient information management and maintenance of 
4 
all records, decisions, policies, pronouncements and issuances of the Commission. 
5 
6 
COMSEC shall also be the main liaison between Central Office and the Regional 
7 
Offices. This function includes coordination of all transactions of the Central offices with 
8 
the Regional offices. 
9 
10 
SEC. 37. Regional Office(field Offices. - The Regional Offices shall enforce Civil 
11 
Service rules, policies and standards on personnel management within their respective 
12 
regional jurisdictions. They shall provide technical advice and assistance to government 
13 
offices and agencies regarding pe~sonnel administration such as but not limited to 
14 
examination and placement, career development, appointments, filing/resolution of legal 
15 
cases, audit, and other functions delegated by the Commission. 
16 
17 
SEC. 38. Changes in the Commission Organizational Structure. . The 
18 
Commission may reorganize or effect changes in its organization, including the creation, 
19 
merger or consolidation, splitting or division and abolition of offices and positions. 
20 
21 
22 
Chapter Three. The Career Executive Service 
23 
SEC. 39. Career Executive Service. - A strong, stable, [and} competent, WELL 
24 
TRAINED AND HIGHLY MO'EIVATED pool of career public managers that will 
25 
provide effective support to national development shall constitute the Career Executive 
26 
Service (CES). Entry and advancement in the CES shall be based on merit and fitness 
27 
which shall include integrity, demonstrated managerial and executive competence, 
28 
leadership 
and 
interpersonal qualities, 
technical 
expertise and 
other pertinent 
29 
qualifications. 
30 
31 
The CES shall be governed by a separate merit system characterized by rank rather 
32 
than position; compensation based on rank and advancement to a higher rank on the basis 
33 
of executive and technical expertise. 
34 
19 


.'1" 
I' 
!~ III 
1 
SEC. 40. Membership. - A person who meets such managerial expenence, 
2 
executive competence, and other requirements prescribed by the Commission through the 
3 
CESB, shall be conferred appropriate rank and shall be included in the roster of CAREER 
4 
EXECUTIVE SERVICE OFFICERS (CESOs). 
5 
6 
SEC. 41. Career Executive Service Board. - The Career Executive Service Board 
7 
(CESB) shall be under the general supervision of the Commission. It shall be responsible 
8 
for the development, maintenance ana administration of the CES. 
9 
10 
SEC. 42. Composition of the Career Executive Service Board. - The CESB shall 
11 
be composed of the following: the Chairperson of the Commission as Chairperson; the 
12 
President of the Development Academy of the Philippines, ex-officio member; the Dean of 
13 
the University of the Philippines-National College of Public Administration and 
14 
Governance, ex-officio member; a representative of a nationwide association of 'c~~erl 
Ii: 
15 
executive service officers to be appointed by the Chairperson upon the recommendation of 
16 
the association; an officer from a nationwide association of personnel managers to be 
17 
appointed by the Chairperson; and, two (2) other members who shall be appointed by the 
18 
President and one of whom must be a retired CESO, both with staggered terms of three (3) 
19 
years. 
20 
21 
22 
23 
Members of the CESB 
determined by the Commission. 
shall be provided with per diems and allowance~ as I" 
. 
~ ! II ~ 
24 
SEC. 43. Office of the Career Executive Service Secretariat. - The Career 
25 
Executive Service Board (CESB) shall be assisted by the Office of the Career Executive 
26 
Service Secretariat (OCESS) which shall serve as the CESB secretariat. The OCESS shall 
27 
be an office under tll.e Commission but shall maintain its own administrative and financial 
28 
support system. It shall be headed by an Executive Director and assisted by a Deputy 
29 
Executive Director both of whom shall be appointed by the Commission upon 
30 
recommendation by the CESB. The OCESS shall be responsible for the implementation of ' 
31 
the policies, rules, regulations, decisions, directives of the CESB and the Commission. 
32 
33 
The Executive Director and the Deputy Executive Director shall be. Career 
34 
Executive Service Officers. 
35 
20 


SEC. 44. Rank Classification of Members of the Career Executive Service. 
2 
Members of the CES shall be classified according to rank based on their personal proven 
3 
competence, qualifications, broad levels of responsibility and other relevant considerations 
4 
as determined by law and mles of the Commission. 
5 
6 
SEC. 45. Conferment of Appropriate Rank in the CES. - Conferment to 
7 
appropriate rank in the CES shall be made by the Commission upon recommendati~n of 
8 
the CESB. The issuance of appointment to appropriate rank shall be made by the 
9 
Chairperson of the Commission. 
10 
11 
SEC. 46. Personnel Mechanisms. - The CESB shall develop and design personnel 
12 
mechanisms for the CES in accordance with standards and policies developed by the 
13 
Commission. 
14 
15 
SEC. 47. Compensation According to Rank. - Members of the CES shall be 
16 
compensated according to rank in accordance with the CES compensation plan and shall 
17 
be provided with attractive salaries, fringe benefits and reasonable allowances. The 
18 
employing agency shall provide the funds to pay the salary, fringe benefits and allowances 
19 
of the career executive assigned to jt. A CESO occupying a CES position shall enjoy an 
20 
added premium based on his/her rank and shall be granted a higher premium as his/her 
21 
rank increases. However, in case a CESO occupies aCES 
22 
position not appropriate to his/her rank, said officer shall receive the higher compensation. 
23 
In no case shall a CESO receive fa salary] COMPENSATION lower than that 
24 
corresponding to the rank. 
25 
26 
SEC. 48. Mobility. - CESOs who are appointed to career third level positjons 
27 
identi (jed as CES positions are considered to be merely on designation to such positions. A 
28 
CESO can be assigned/designated from one CES position to another. 
29 
CESOs designated to a particular position may be replaced only by a qualified 
30 
CESO; Provided, however, that temporary designation may be allowed only in the absence 
3] 
of qualified CESO as certified by the CESB. 
32 
33 
FOR THE PURPOSE OF THIS CHAPTER, DESIGNATION S~~LLI: I' 
34 
REFER TO THE ASSIGNMENT OF A CESO TO ANY CES POSITION FOR A 
35 
THREE-YEAR TERM BY THE APPOINTING AUTHORITY. 
21 


1 
2 
SEC. 49. CES Resource Pool - The Commission shall establish a CES resource 
3 
pool drawn from CESOs whose participation is either voluntary or involuntary to be cross-
4 
posted in various agencies to undertake special works or unique assignments within a 
• 
5 
specified timeframe. For this purpose, the Commission upon recommendation of CESB 
6 
shall establish the systems and procedures in the assignment of CESOs to the CES pool. 
7 
8 
The Commission, THROUGH THE CESB, shall institutionalize systems for THE 
9 
PROMOTION OF CORE VALUES IN THE CES, CAREER DEVELOPMENT OF 
10 
ITS MEMBERS, INCLUDING cross-posting [for CESOs and to promote the core values 
11 
of the CES} AND MOBILITY. 
12 
13 
Those assigned in the CES resource pool shall continue to receive [their salaries} 
14 
COMPENSATION based on [their} rank. The Department of Budget and Management 
15 
shall appropriate funding for the pool. The fund shall be released to and administered by 
16 
the Commission to pay for the compensation and other expenses that may be incurred for 
17 
the career executives assigned in the pool. 
18 
19 
SEC. 50. Administration of a Compensation Plan. - The Commission, jointly with 
20 
the Department of Budget and Management, shall prepare, administer and periodically 
21 
review a compensation plan for the CES, to maintain the high standard of public service 
22 
and the quality of officers in the CES. Salaries, allowances and other benefits of CES 
23 
officers shall be provided by the employing agency at rates in accordance with the CES 
24 
Compensation Plan. 
25 
26 
SEC. 51. Security of Tenure. - CESOs enjoy security of tenure in government 
27 
service and shall not be removed from service except for cause and after due process.. 
:! 
28 
29 
SEC. 52. DiSCipline. - Investigation and adjudication of administrative complaints 
30 
against members of the CES shall be,governed by the provisions of this Code. 
31 
32 
SEC. 53. Career Undersecretary and Assistant Secretary. - At least 50% of the 
33 
total number of positions of Undersecretary and Assistant Secretary shall be career with 
34 
each level accordingly represented. In case the total number is not divisible by 2, then 50% 
35 
must be appointed from the career but there must be a representative from each class. 
22 


1 
2 
The President shall designate CESOs to career Undersecretary and Assistant 
3 
Secretary positions. Appointment to non-career Undersecretary and Assistant Secretary 
4 
positions shall likewise be made by the President. 
5 
6 
DESIGNATIONS TO CES POSITIONS LOWER THAN ASSISTANT 
7 
SECRETARIES SHALL BE MADE BY THE HEAD OF AGENCY OR THE 
8 
APPOINTING AUTHORITY CONCERNED AND SUCH SHALl" BE SUBJECT 
9 
TO THE APPROVAL BY THE COMMISSION. 
10 
II 
BOOK II. PERSONNEL POLICIES AND STANDARDS 
12 
Title I - On Employment 
13 
Chapter Oue. Recruitment 
14 
15 
SEC 54. Policy. - Recruitment in the civil service system shaH be made on the 
• 
16 
basis of merit and fitness to perform the duties and assume the responsibilities of the 
17 
position, to be determined as far as practicable by competitive examination usually 
18 
administered by the Commission. ONLY THE COMMISSION SHALL HAVE THE 
19 
AUTHORITY TO GRANT CIVIL SERVICE ELIGIBILITY. 
20 
21 
Every Filipino citizen shall have equal access to or opportunities for public service 
22 
regardless of religious belief, color, sex, regional origin, SEXUALORIENTATION or 
23 
ethnic affiliation. Measures shall be adopted to include qualified members of indigenous 
24 
cultural communities and other minority groups and differently abled persons for 
25 
recruitment and selection. 
26 
27 
SEC. 55. Kinds and Frequency of Civil Service Examinations. - Examinations 
28 
may be written, oral, physical, testimonial based on performance or skills or a combination 
29 
of these types. Examinations may take into consideration experience, education, aptitude, 
30 
capacity, knowledge, character, physical fitness and other attributes of the applicant as may 
31 
be detennined by the Commission. The Commission shall administer competitive 
32 
examinations for all levels in the career service and grant corresponding civil service 
33 
eligibilities to passers of the same AND[. Examinations conducted by other agencies shall 
34 
not be considered eligibility unless granted by the Commission. The Commission shall] 
35 
conduct civil service examinations as often as the exigency of the service requires. Civil 
23 


• 
service special examinations may be conducted upon request of a particular department or 
2 
agency, subject to rules and regulations promulgated by the Commission. 
3 
4 
SEC. 56. Quctlifications of Applicants to Civil Service Examinations. Admission 
5 
to civil service examinations shall be limited to citizens of the Philippines who 
6 
satisfactorily meet the requirements prescribed by the Commission. 
7 
8 
SEC. 57. Invalidation of CIVIL SERVICE EXAMINATION RESULTS 
9 
[Eligibility]. - The Commission shall have the authority to invalidate civil service 
10 
examination results based on statistical improbability and other forms of irregularity as 
11 
determined by the Commission. 
12 
SEC. 58. Examination Rating for Civil Service Eligibility. - Unless otherwise 
13 
prescribed by the Commission, every examinee who obtains a general rating of at least 
14 
eighty (80%) percent shall be granted a civil service eligibility. 
15 
16 
SEC. 59. Simultaneolts Release of Examination Results. - The results of an 
17 
examination held in various locations on the same date shall be released simultaneously. 
18 
19 
SEC. 60. Registers of Civil Service Eligibles. - The Commission shall maintain a 
20 
register of qualified eligibles for each category of examination actually available for 
21 
appointment. The register shaH be the basis for certification and appointment in the civil 
22 
service system. 
23 
24 
SEC. 61. Bar or Board Examinations as Eligibility. - Successful examinees to bar 
25 
or board examinations requiring completion of baccalaureate degrees or courses requiring 
26 
not less than seventy-two (72) units of collegiate subjects or its equivalent as well as those 
27 
registered under their respective boards to practice their professions without examination, 
28 
shall [automatically] be considered civil service eligibles. Their eligibilities shall be 
29 
effective upon the release of examination results or the date of registration, as the case may 
30 
be. 
31 
32 
The Supreme Court and the Professional Regulation Commission shall furnish the 
33 
Commission with the official list of successful examinees within thirty (30) days from the 
34 
release of the examination results. 
35 
24 


1 
SEC.62. Effectivity and Imprescriptibility of Civil Service Eligibility. -Eligibilities 
2 
resulting [rom civil service, bar or board examinations shall be effective on the date of the 
3 
release of examination results. Other eligibilities granted by the Commission shall be 
4 
effective on the date of the grant. Civil service eligibilities shall be imprescriptible. 
5 
6 
SEC. 63. Agency Responsibilities in the Conduct of Examinations. - All 
7 
departments and agencies shall extend the necessary support and assistance to the 
8 
Commission in the conduct of civil service examinations. They shal! make available such 
9 
personnel, buildings, transportation, communication and other facilities that may be needed 
lOin the administration of the examinations. 
11 
12 
SEC. 64. Printing, Storage, Transportation and Distribution of Examination 
13 
Materials. - The printing, storage, transportation and distribution of examination materials 
14 
shall be under the exclusive supervision and control of the Commission. The Commission 
15 
shall determine and provide the necessary security measures for this purpose. 
16 
17 
SEC. 65. Examining Committees, Examiners and IItJ'estigators. -
The 
18 
Commission may deputize persons to act as members of examining committees, examiners 
19 
or investigators to perform such duties as the Commission may require. In the performance 
20 
of such duties, they shall be under the exclusive control and supervision of the 
2 I 
Commission. Such persons so deputized may be given allowances or per diem for their 
22 
services to be paid out of funds allocated for the particular examination and at a rate to be 
23 
determined by the Commission. Expenses for specialized examinations shall be allocated 
24 
by the requesting department or agency. 
25 
26 
27 
Chapter Two. Selection and Appointment 
28 
SEC. 66. Selection Process. - Each department or agency shall evolve its own 
29 
selection process in accordance with standards and guidelines set by the Commission. 
30 
31 
A Personnel Selection Board for all levels shall be established in each department 
32 
or agency to assist the appointing authority in the judicious evaluation and selection of 
33 
personnel. The board shall be established in accordance with standards and guidelines set 
34 
by the Commission. 
35 
25 


1 
SEC. 67. Requisites for Appointment. - Employment in the government service 
2 
shall be made through appointment in accordance with the provisions of the Constitution, 
3 
this Code, other laws and the rules and standards prescribed by the Commission. 
4 
5 
In the appointment of teachers to public elementary or secondary schools 
6 
preference shall be given to qualified bona fide residents of the municipality/city where the 
7 
school is located. 
8 
9 
SEC. _-.PUBLICATION OF VACANCIES. - ALL VACANT POSITIONS IN 
10 
GOVERNMENT SHALL BE PUBLISHED OR ANNOUNCED IN EITHER PRINT 
11 
OR BROADCAST MEDIA OR IN ANY OTHER FORM OF PUBLICATION SUCH 
12 
AS IN A NEWSPAPER OR PERIODICAL OF GENERAL OR LOCAL 
13 
CIRCULATION; THE QUARTERLY BULLETIN OF VACANT POSITIONS 
14 
PREPARED BY THE COMMISSION; OR THROUGH POSTING ON INTERNET 
15 
WEBSITES; PRIOR TO ITS FILLING-UP. PROVIDED, HOWEVER, THAT 
16 
ONLY VACANCIES AT THE LOCAL GOVERNMENT UNITS SHALL BE 
17 
PUBLISHED IN NEWSPAPERS OR PERIODICALS WHICH ARE OF LOCAL 
18 
CIRCULATION, OR ANNOUNCED IN LOCAL RADIO NETWORKS. 
19 
20 
THE AGENCY WHERE THE VACANCY IS SHALL BE RESPONSIBLE IN 
21 
PUBLISHING OR ANNOUNCING ITS VACANT POSITIONS AND SUCH SHALL 
22 
BE POSTED IN AT LEAST THREE (3) CONSPICUOUS PUBLIC PLACES IN 
23 
THEIR AREA OF JURISDICTIdN. 
24 
25 
PROVIDED FURTHER, THAT PUBLISHED VACANT POSITIONS 
26 
SHALL BE OPEN TO ANY QUALIFIED PERSON AND THAT THE 
27 
COMMISSION SHALL NOT ACT ON ANY APPOINTMENT TO A VACANT 
28 
POSITION UNLESS THE SAME HAS BEEN PUBLISHED AND POSTED. THE 
29 
FOLLOWING POSITIONS SHALL BE EXEMPT FROM THE 
30 
31 
32 
33 
34 
35 
(a) PRIMARILY CONFIDENTIAL; 
(b) HIGHLY TECHNICAL; 
(c) COTERMINOUS 
WITH 
THAT 
OF 
THE 
APPOINTING 
AUTHORITY, OR 
(d) LIMITED TO THE DURATION OF A PARTICULAR PROJECT 
PUBLICATION REQUIREMENT: 
26 


\ 
(e) POLICY-DETERMINING; 
2 
3 
SEC. 68. Merit and Fitness in Appointment. - Appointment in the civil service 
4 
system shall be made only according to merit and fitness to be determined, as far as 
5 
practicable, by competitive examination, except to positions which are policy determining, 
6 
primarily confidential, or highly technical. 
7 
8 
SEC. 69. Who May Appoint. - Appointment in the civil service system shall be 
9 
issued only by those authorized by the Constitution or by law including those appointed in 
lOan acting capacity. Those who are designated cannot exercise the power to appoint. 
11 
12 
SEC. 70. Qualifications for Appointment. - Appointment in the civil service 
13 
system shall be limited to citizens of the Philippines who are at least eighteen (18) years of 
14 
age and who meet the qualifications and none of the disqualifications prescribed for the 
15 
position. 
16 
17 
SEC. 71. Effectivity of Appointment - An appointment shall take effect 
18 
immediately upon its issuance by the appointing authority. If the appointee has assumed 
19 
the duties of the position, he/she shall be entitled to receive salary at once without awaiting 
20 
the approval of his/her appointment by the Commission. Such appointment cannot he 
21 
withdrawn or cancelled by the appointing authority and shall remain in full force and effect 
22 
unless disapproved by the Commission. However, an appointment issued THROUGH 
23 
fraudulent means or in violation of law, shall be void from the beginning. 
24 
In the case of temporary appointment, the twelve (12) month period of its 
25 
effectivity shall be reckoned from the date of issuance of the appointment and not from the 
26 
date the appointee assumes the duties of the position. 
27 
No officer or employee in the government shall allow a person to render service 
28 
without an [copy afthe} appointment duly issued by the appointing authority. Those who 
29 
allow such service in violation of this Section shall be personally liable for the salaries of 
30 
the person concerned. Moreover, the services rendered by the said person shall not be 
31 
credited as government service. 
32 
If the appointee does not assume office within thirty (30) days from date of 
33 
issuance of appointment, said appointment shall be deemed automatically cancelled. 
34 
27 


• 
1 
If the appointee is not allowed to assume office by the appointing authority in spite 
2 
of the Commission's approval of the appointment, the appointing authority shall be held 
3 
liable for contempt of the Commission. This is without prejudice to his/her liability under 
4 
RA 3019 (Anti-Graft and Corrupt Practices Act) and other criminal and administrative 
5 
sanctions. 
6 
7 
8 
SEC. 72. Appointment Form. - An appointment shall be issued III the form 
9 
prescribed by the Commission. 
10 
11 
SEC. 73. Submission of Appointments and Oaths Of Office. - All appointments in 
12 
the civil service system, except those issued by the President [and those of the Armed 
13 
Forces of the Philippines}, shall be submitted to the Commission for approval not later 
14 
than thirty (30) days from the date of issuance thereof. Such approval shall be indicated 
15 
below the signature of the appointing authority; otherwise, it shall be made effective thirty 
16 
(30) days prior to the date of submission to the Commission. 
17 
18 
Copies of appointments and oaths of office of those appointed by the President 
19 
shall be submitted to the Commission for record purposes. 
20 
21 
SEC. 74. Merit Promotion Plan. - Each department or agency shall establish a 
22 
Merit Promotion Plan, subject to the approval of the Commission in accordance with 
23 
standards and guidelines it may prescribe. 
24 
25 
SEC. 75. Appropriate Civil Service Eligibility. - Appropriate civil service 
26 
eligibility shall be required for permanent appointment to positions in the career service in 
27 
accordance with the standards set by the Commission. Whenever there is a qualified civil 
28 
service eligible willing and actually available for appointment, no appointment shall be 
29 
issued to a person who is not an eligible, even in a temporary capacity. 
30 
31 
When as certified to by the Commission, the immediate filling of the vacancy is 
32 
required in the public interest, or when the vacancy is not permanent, a te~porary 
33 
appointment may be issued to eligibles who lack any of the other requirements for 
34 
appointment or, to non-eligibles who meet all the other mandatory requirements for a 
35 
particular position. 
28 


• 
1 
2 
A person with a civil service eligibility acquired by passing an examination shall be 
3 
qualified for a position requiring a lower level eligibility if he/she possesses the other 
4 
requirements for appointment to sqch position. Nothing herein shall affect eligibilities 
5 
acquired prior to the effectivity of this Code. 
6 
7 
SEC. 76. Qualification Standards. - Qualification standards shal1 be used: (a) as a 
8 
basis for civil service examinations for positions in the career service; (b) as a guide in 
9 
appointment and other personnel actions; (c) in the adjudication of protests against 
10 
appointment; (d) in determining training needs; and (e) as an aid in inspection and audit of 
11 
the agencies' personnel work programs. 
12 
13 
The establishment, administration and maintenance of qualification standards shall 
14 
be the responsibility of the department or agency concerned, with the approval of the 
15 
Commission. 
16 
Qualification standards shall be administered so as to continually provide 
17 
incentives to public officers and employees towards professional growth. 
18 
19 
Chapter Three. Statns of Appointment 
20 
21 
SEC. 77. Appointment Status. - The status of an appointment shall be: 
22 
23 
(a) Permanent - an appointment issued to a person who meets all the qualification 
24 
requirements of the position. In no case shal1 a person who meets all the 
25 
requirements for permanent appointment [shall} be issued temporary appointment 
26 
except to occupational groups of positions requiring additional or special 
27 
disqualifications, in which case, prior clearance to issue temporary appointment 
28 
shall first be secured from the Commission. In case an appointment is erroneously 
29 
issued, the Commission shall make the necessary rectification. Whenever there is a 
30 
qualified civil service eligihle willing and actually available for appointment as 
31 
certified by the Commission, a non-eligible shall not be appointed even 111 a 
32 
temporary capacity to any vacant position in the career service. 
33 
34 
(b) Temporary - an appointment issued to a person who does not meet the eligibility or 
35 
any of the other qualification requirements of the position: Provided, that there are 
29 
, .' 


• 
1 
no qualified eligibles willing and actually available for appointment and that the 
2 
appointment shall not exceed twelve (J 2) months. 
3 
4 
A temporary employee shall not be removed except for cause during the 
5 
one (1) year period; Provided, that he/she may be replaced any time within the said 
6 
period, only by a qualified civil service eligible. In the latter case, the appointing 
7 
authority shall recall the temporary appointment and appoint the qualified civil 
8 
service eligible. 
9 
10 
(c) Provisional - an appointment issued to a teacher who meets all the requirements of 
11 
the position except the eligibility but shall not exceed twelve (12) months. 
12 
13 
(d) Substitute - an appointment issued to a person who has all the qualifications for 
14 
permanent appointment but shall occupy a temporary vacancy while the regular 
15 
occupant thereof is on an approved leave of absence for at least one month, on a 
• 
16 
scholarship grant, on secondment, out on official business, or is unable to perform 
17 
the duties for at least a month. 
18 
19 
( e) Coterminous - an appointment issued to a person whose entrance and continuity in 
20 
the service is: (1) based on the trust and confidence of the appointing authority or 
21 
of the head of the organizational unit where he/she is assigned; [(2) co-existent with 
22 
the incumbent;] (2) limited by the duration of the project; (3) co-existent with the 
23 
life span of the agency or office created; or (4) CO-EXISTENT WITH THE 
24 
TERM OF OFFICE OF THE APPOINTING AUTHORITY OR THE HEAD 
25 
OF A SPECIFIC ORGANIZATIONAL UNIT. 
26 
27 
(f) Contractual - an appointment issued to a person for services in accordance with a 
28 
special contract to undertake a specific work requiring special or technical skills 
29 
unavailable in the employing agency, to be accomplished within one year. The 
30 
contractual employee shall perform the specific work under his/her own 
31 
responsibility with minimum direction and supervision from the hiring agency. No 
32 
contractual appointments corresponding to plantilla positions shall be issued. 
33 
34 
(g) Casual - an appointment issued to a person for services in an emergency or during 
35 
peak work period to positions which do not have regular items in the plantilla of 
30 


• 
personnel of the department or agency. A casual appointment shall not exceed 
2 
twelve (12) months. 
3 
4 
Casual employees who have been in the service for an aggregate of three (3) 
5 
years FROM THE APPROVAL OF THIS ACT who meet all the qualification 
6 
requirements of the position shall be absorbed as regular employees in accordance 
7 
with the budgetary limitations set by law and rules to be promulgated by the 
8 
Commission. 
9 
lOIn no case shall temporary, provisional, contractual and casual appointments exceed 
11 
an aggregate number of three (3) years in the same position except in meritorious cases as 
12 
detennined by the Commission. 
13 
14 
SEC. 78. Job Orders/Contract of Services and Consultancy. - The pointing 
15 
authority may enter into service contracts such as job orders/contracts of services and 
16 
consultancies WITH INDIVIDUALS AND INSTITUTIONS TO OVER LUMP SUM 
17 
WORK OR SERVICES FOR SHORT DURATION wherein no-employer-employee 
18 
relation exists which contract shall be submitted to the Commission THIRTY (30) DAYS 
19 
FROM PERFECTION OF THE CONTRACT for monitoring and record purposes. 
20 
21 
SEC. 79. Budget for Casual, Contractual Services and Job orders/Contracts of 
22 
Services. - The aggregate annual expenditure for consultancy, casual and contractual 
23 
services shall jointly be determined by the Commission and the Depmiment of Budget and 
24 
Management. 
25 
26 
Chapter Four. On Pel"sounel Actions 
• 
27 
28 
SEC. 80. Persollnel Action. - denotes the movement of personnel within the civil 
29 
service system. It shall include original appointment, promotion, transfer, reinstatement, 
30 
reemployment, reappointment, renewal, change of status, upgrading or reclassification, 
31 
demotion and other related action. Personnel actions shall be in accordance with the rules, 
32 
standards and regulations promulgated by the Commission. 
33 
A vacancy may be filled up by any of the following personnel actions: original 
34 
appointment, promotion, transfer, renewal, demotion, reemployment and reappointment. 
35 
31 


SEC. 81. Original Appointment. - refers to the initial entry into the career service 
2 
or nOll-career service. The appointee shall undergo a probationary period of six (6) months 
3 
during which he/she shall undergo a thorough assessment of his/her perfonnance and 
4 
character. HislHer services can be tenninated anytime during said period for unsatisfactory 
5 
conduct or want of capacity. The order of tennination shall be served through personal 
6 
notice or through constructive notice and shall no longer be appealable. 
7 
8 
SEC. 82. Promotion. - is the movement of an employee to a higher position with a 
9 
corresponding increase in duties and responsibilities, usually accompanied by an increase 
lOin salary. 
11 
• 
12 
The pendency of an administrative case against any public officer or employee 
13 
shall not be a bar to promotion. 
14 
15 
SEC. 83. Transfer. - is the movement of an employee from one agency to another 
16 
or from one position to another within the same agency which may involve a position of 
17 
higher, equivalent or lower rank, level or salary, without break in the service. Transfer 
18 
requires the issuance of an appointment. 
19 
20 
SEC. 84. Reinstatement. - is the automatic restoration of a person to a position 
2 I 
from which he/she was illegally separated with back salaries, ALLOWANCES AND 
22 
OTHER 
MONETARY 
BENEFITS 
EXCEPT 
RATA 
AND 
UNIFORM 
23 
ALLOWANCE [which should] not to exceed five (5) years reckoned retroactively from 
24 
the date of actual reinstatement. 
25 
26 
SEC. 85. Reemployment. - is the appointment of a person who has been previously 
27 
appointed to a position in the government service after separation therefrom. 
28 
Reemployment presupposes gap in the service. 
29 
30 
SEC. 86.. Reappointment. 
IS the issuance of an appointment during 
31 
reorganization, 
devolution, 
salary 
standardization INVOLVING 
CHANGE 
IN 
32 
POSITION TITLES AND SALARY GRADES, or similar events. Reappointment 
33 
presupposes no gap in the service. 
34 
32 


SEC. 87. Renewal. - is the subsequent appointment issued immediately upon the 
2 
expiration of a temporary, contractual or casual appointment, if a qualified eligible is not 
3 
willing and actually available, as celiified by the Commission. Renewal presupposes no 
4 
gap in the service. 
S 
6 
SEC. 88. Demotion. - is the movement from one position to another within the 
7 
same department or agency involving the issuance of an appointment with diminution in 
8 
duties, responsibilities and status or rank which mayor may not involve reduction in 
9 
salary: Provided, that such demotion shall require the consent of the officer or employee 
10 
concemed. 
II 
12 
SEC. 89. Reclassification. - is the process of upgrading or downgrading a position 
13 
without change of status and regardless ofthe qualifications of the holder of said position. 
14 
15 
16 
SEC. 90. Personnel Movements NOT INVOLVING THE ISSUANCE OF 
17 
APPOINTMENTS. - The issuance of an appointment is not needed in personnel 
18 
movement involving no change in position title, rank or status if the existing appointment 
19 
does not specify the work station. Such movement may include the following: 
20 
21 
22 
23 
24 
25 
(a) 
(b) 
(c) 
(d) 
change in item number only 
Salary adjustment 
• 
Step-increment 
Upgrading (same position) 
26 
Notice of such adjustment or movement shall be submitted to the Commission 
27 
within thirty (30) days from issuance thereof. 
28 
29 
Except for secondment, the following personnel movements do not require the 
30 
issuance of appointments but shall require office orders: 
31 
32 
33 
34 
(a) Reassignment - is a movement from one organizational unit to another in the 
same department or agency, without reduction in rank, status or salary of the 
employee. Reassignment from the official work station without the written 
33 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
consent of the employee shall not exceed one (I) year. Otherwise, the 
reassignment shall be illegal. 
Reassigmnent which results in demotion in rank, status or salary or 
which exceeds one year without the consent of the public officer or employee 
may be appealed to the Commission. Pending the appeal, reassignment of the 
officer or employee shall be held in abeyance until the decision of the 
Commission. 
Reassignment [of low-salaried employees} shall not result 111 economic 
dislocation AND FOR CONSTRUCTIVE DISMISSAL. 
FOR THIS PURPOSE, CONSTRUCTIVE DISMISSAL SHALL 
MEAN TO EXIST WHEN THE REASSIGNMENT OF AN EMPLOYEE 
TO ANOTHER POST WILL RENDER HIS/HER CONTINUED 
EMPLOYMENT AS UNTENABLE, HUMILIATING OR DEMEANING. 
(b) Detail - is the temporary movement of a public officer or employee from one 
department or agency to another without the issuance of an appointment .but 
with the consent of both the mother and receiving agencies and shall be a)lowed 
only for a maximum period of one year; otherwise, the consent of the officer or 
employee concerned shall be necessary. Detail shall not result in reduction in 
rank, status or salary. 
Detail which results in demotion in rank, status or salary or which exceed s 
one year without the consent of the public officer or employee may be appealed 
to the Commission. Pending the appeal, detail of the officer or employee shall 
be held in abeyance until the decision of the Commission. 
The detailed employee shall carry his/her regular position in the mother 
agency and continue to receive his/her salary from the mother agency. 
(c) Job Rotation - is the sequential movement of an officer or employee from one 
office to another or from one division to another within the same agency as a 
means for developing and enhancing the potentials 0 f peop Ie in an organization 
34 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
by exposing them to the other work functions of the agency. It shall be allowed 
only for a maximum period of [six (6) months] ONE (1) YEAR. HOWEVER, 
JOB ROTATION EXCEEDING ONE (1) YEAR MAY BE ALLOWED 
WITH THE WRITTEN CONSENT OF THE OFFICER OR EMPLOYEE. 
(d) Secondmentis a movement of an officer or employee from one department or 
agency to another upon mutual concurrence between the mother agency, the 
receiving agency and the,employee concerned which should be covered by a 
Memorandum of Agreement (MOA) in accordance with the guidelines that the 
Commission may promulgate. It is temporary in nature which may involve 
reduction or increase in compensation and mayor may not require the issuance 
of an appointment. The seconded employee shall be on leave without pay from 
the mother agency and shall be entitled to the compensation of the position to 
which he/she was seconded in the receiving agency. Unless otherwise specified 
in the MOA, the receiving agency shall shoulder all the benefits and 
emoluments ofthe seconded employee. 
(e) Designation - is the imposition of additional duties to be performed by a public 
officer or employee which is temporary in nature and shall be allowed only for 
a maximum of one (1) year. The choice of who shall be the public officer or 
employee to be designated shall pass through regular Promotion and Selection 
Board (PSB) proceedings; Provided, that next-in-rank public officers or 
employees shall be GIVEN PREFERENCE FOR designat[ ed]ION to the next 
higher position; Provided further, that [if] there are no qualified next-in-rank 
public officers or employees in the agency who are willing and actually 
available who can regularly be appointed to the position. 
28 
The employee designated shall be entitled to the benefits accruing to the 
29 
position but shall continue to receive the salary of the position to which he/she 
30 
holds an appointment. 
31 
32 
SEC. 91. Change of Status. - When a temporary officer or employee acquires the 
33 
appropriate eligibility or becomes fully qualified to the position to which he/she is 
34 
appointed, the status of such appointment shall be changed from temporary to permanent 
35 


• 
1 
without issuing another appointment. However, such change shall be reflected 111 the 
2 
records of the Commission upon the notification by the agency concerned. 
3 
4 
Title II - Disputes Regardin!l Appointments and Other Personnel Actions 
5 
6 
Chapter One. Contest on Appointments and Other Non-Disciplinary Cases 
7 
8 
SEC. 92. Who May Contest AI1 Appointment. - Any eligible qualified for the 
9 
position may contest an appointment made in favor of one who is not qualified or whose 
10 
appointment is issued not in accordance with law. 
11 
12 
SEC. 93. Adjudicatiol1 of Contests 011 Appointments and Other Personnel 
13 
Actions. - All contests on appointments and other personnel actions shall be adjudicated 
14 
initially by the appointing authority, in accordance with the procedure prescribed by the 
15 
Commission. 
16 
17 
SEC. 94. Appeals on Appointments and Other Personnel Actions. - The decisions 
18 
of heads of agencies on contests on appointments and other personnel actions shall be 
19 
appealable to the Commission. 
20 
21 
TITLE III - Agency Personnel Administration 
22 
23 
Chapter One. Inter-Agency Relations 
24 
25 
SEC. 95. The Central Personl1el Agel1cy. - The Commission, as the· ceritral' 
26 
personnel agency of the government, shall promulgate rules and regulations to govern 
27 
personnel administration and management in the civil service system. 
28 
29 
SEC. 96. Responsibility for Personnel Administratiol1. - The head of each 
30 
department or agency shall be responsible for personnel administration in the office. 
31 
32 
Each department or agency shall establish a personnel office to be headed by a 
33 
Human Resource Management Officer (HRMO) who shall be responsible for the effective 
34 
implementation of personnel regulations and policies. 
35 
36 


I 
Employee Unions and organizations shall be consulted and represented in the 
2 
development and implementation of the agency personnel mechanisms such as merit 
3 
promotion plan, incentives and rewards program, performance appraisal system, incentives 
4 
and rewards plan, training and development plan, grievance machinery, and occupational 
5 
and health plan, in accordance with the rules and regulations promulgated by the 
6 
Commission. 
7 
8 
SEC. 97. Council of Human Resource Management Officers. - There shall be a 
9 
Council of Human Resource Management Officers (CHRMO) to be composed of holders 
10 
of the HRMO positions which shall elect from among its regular members a set of officers 
II 
and promulgate its internal rules and procedures. 
12 
The CHRMO [Council] shall have the following functions: 
13 
(a) Offer advice, upon request of the Secretary of the department or the 
14 
Commission, in developing constructive policies, standards, procedures, 
15 
and programs as wjCll as on matters relating to the improvement of 
16 
personnel methods and to the solution of personnel problems confronting 
17 
the various departments and agencies of the government; 
18 
(b) Promote among the departments and agencies, through study and 
19 
discussion, uniform and consistent interpretation and application of 
20 
personnel policies; and 
21 
(c) Serve as a clearing house of information and simulate the use of methods of 
22 
personnel management that will contribute most to good government. 
23 
24 
SEC. 98. Appointment of Human Resource Management Officers in the Local 
25 
Government Units. The local chief executive shall appoint Human Resource Management 
26 
Officers from among the list of at least three (3) recommendees oflhe Commission. 
27 
28 
29 
Chapter Two. Local Government Personnel Administration 
30 
SEC. 99. Responsibility for l,-ocal Government Personnel Administration. - Each 
31 
local government unit shall establish a personnel office for the implementation of 
32 
personnel regulations and policies in accordance with the provisions of this CO,de, the 
33 
Local Government Code, and rules, policies, standards, guidelines and regulations 
34 
promulgated by the Commission. 
35 
37 


• • 
SEC. 100. HRMO Positions in LGUs. - The position of HRMO shall be 
2 
immediately mandatory for provincial and city governments, and first and second class 
3 
municipalities. Third and fourth class municipalities shall create the HRMO position 
4 
within three (3) years from the effectivity of this Code. While the fifth and sixth class 
5 
municipalities shall create the same within five (5) years. 
6 
7 
Chapter Three. Position Classification and Compensation 
8 
9 
SEC. 101. Position Classification and Compensation System. - There shall be a 
10 
Position Classification and Compensation System (PCCS) which shall be jointly prepared 
11 
and administered by the Commission and the Department of Budget and Management. 
12 
13 
SEC. 102. Parts of tlte pccs. - The PCCS shall have two parts: the Position 
14 
Classification Plan and the Compensation Plan. 
15 
16 
The Position Classification Plan shall consist of the following: 
17 
18 
(a) The occupational groups and classes to which positions are to be allocated or 
19 
reallocated; and 
20 
(b) The rules and regulations for its implementation. 
21 
22 
The Compensation Plan shall consist ofthe following: 
23 
24 
(a) Salary schedule; 
25 
(b) Policies relative to allowances, bonuses, pension plan and other benefits accruing to 
26 
public officers and employee~ in the civil service system; and 
27 
(a) The rules and regulations for its implementation. 
28 
29 
SEC. 103. Basis for Position Classification and Compensation. -
The 
30 
classification and compensation of positions in the civil service system shall be based on 
31 
similarity of kind and level of work and the detennination of the relative worth of these 
32 
classes of positions. 
33 
38 


I 
SEC. 104. Coverage of the PCCS. - The PCCS shall apply to all positions in the 
2 
civil service system whether permanent or temporary, appointive or elective on full-time or 
3 
part-time basis now existing or hereafter created. 
4 
5 
SEC. 105. Allocation alld Compellsatioll of Positiolls. - Each department or 
6 
agency shall allocate positions in accordance with the rules and regulations issued jointly 
7 
by the Commission and the Department of Budget and Management. Such allocations shall 
8 
be binding on the administrative and auditing offices of the government. Any change in the 
9 
position classification and compensation shall be included in the annual appropriations or 
10 
budget of the department or agency only if it is in accordance with the PCCS mentioned in 
11 
Section 103 hereof. 
12 
13 
Chapter 4. Personnel Inspection and Audit 
14 
15 
SEC. 106. Purpose. - The Commission shall conduct a periodic inspection and 
16 
audit of the personnel management programs of each department and agency to: 
17 
(a) Determine compliance with civil service law, rules and standards; 
18 
(b) Review the exercise of delegated authority; 
19 
(c) Evaluate the progress made and problems encountered in the implementation of the 
20 
merit system; 
21 
(d) Advise and provide assistance 111 the development of constructive policies, 
22 
standards and procedures; and 
23 
(e) Improve all areas of personnel management. 
24 
25 
SEC. 107. Scope. - The inspection and audit of the personnel management 
26 
programs may include the following: 
27 
(a) Organization and personnel management; 
28 
(b) Formulation, issuance and implementation of personnel policies; 
29 
(c) Recruitment and selection of employee; 
30 
(dl Personnel action and employment status; 
31 
(e 1 Career and employee development; 
32 
({) Performance evaluation systems; 
33 
(gl Employee suggestions and incentive award; 
34 
(hl Employee relations and service; 
35 
(il Discipline; 
39 


1 
(j) Personnel records and reporting; 
2 
(k) Program evaluation; and 
3 
( I) Employee organization. 
4 
5 
SEC. 108. Submission of Audit Reports. - The Commission shaH regularly submit its 
6 
audit reports to the units concerned, heads of departments, Office of the President and the 
7 
Legislature. 
8 
9 
BOOK III. HUMAN RESOURCE MANAGEMENT 
10 
11 
Title I - Human Resource Development 
12 
13 
Chapter One. Policy on Human Resource Development 
14 
15 
SEC. 109. Policy. - There shaH be an integrated program on human resource 
16 
development for all levels and ranks in the civil service system that shall provide equal 
17 
opportunities for career development. 
18 
19 
The Commission shall provide leadership in the integration of aH human resource 
20 
development programs. All departments and agencies shall develop and implement human 
21 
resource development plans and programs for their personnel to include among others, 
22 
training and development, performance appraisal and incentives and awards in accordance 
23 
with Commission policies and standards. 
24 
25 
Chapter Two. Training and Development 
26 
27 
SEC. 110. Training and Development System. - The Commission shall establish 
28 
an Integrated Training and Development System (ITDS) for all levels and ranks. This shall 
29 
include opportunities for training in skills enhancement and capability-building programs, 
30 
local and foreign scholarships, and other educational opportunities. 
31 
32 
SEC. 111. Commission's Responsibilities for Training and Development. - The 
33 
Commission shall be responsible for the development, administration and evaluation of 
34 
government-wide training programs on public personnel administration. 
35 
40 


I 
The Commission shall issue the appropriate rules and regulations for the said 
2 
training and development programs. 
3 
4 
SEC. 112. Responsibilities for Local and Foreign Scholarships. -
The 
5 
Commission shall have the responsibility to administer service-wide local and foreign 
6 
scholarship programs. It shall also develop policies, standards, procedures and guidelines 
7 
for the effective, efficient and equitable distribution of all scholarship grants. However, 
8 
foreign scholarship grants which ar~ part of the overseas development assistance (ODA) 
9 
shall be administered by an Inter-agency Committee co-chaired by the Commission and 
10 
the National Economic and Development Authority. 
11 
12 
.SEC. 113. Inter-Agency Scholarship Committee. - The inter-agency scholarship 
13 
committee which shall be co-chaired by the Chairperson of the Commission and by the 
14 
Director-General of the National Economic and Development Authority (NEDA) or their 
IS 
duly designated representatives shall have as members the heads of the following agencies 
16 
or their duly designated representatives who hold positions not lower than that of assistant 
17 
secretary or its equivalent: 
18 
(a) Department of Foreign Affairs; 
19 
(b) Department of Education; 
20 
(el University of the Philippines; 
21 
(d) Commission on Higher Education; and the 
22 
(e) Presidential Management Staff - Office ofthe President 
23 
24 
The Committee Secretariat shall be based at the NEDA. 
25 
26 
SEC. 114. Agency Responsibilities for Training and Development. - Each department 
27 
or agency shall be responsible for the development, implementation and evaluatioJCl of its 
28 
training and development plan as well as its gender and development plan in accordance 
29 
with the policies and standards promulgated by the Commission. 
30 
31 
To carry out these responsibilities, each agency shall establish its own Personnel 
32 
Development Committee pursuant to the rules and regulations promulgated "by the 
33 
Commission. 
34 
41 


I 
SEC. 115. Technical Assistance and Consultative Services. - The Commission 
2 
shall provide technical assistance and consnltative services to all departments and agencies 
3 
in the development, administration and evaluation of their human resource development 
4 
programs. 
5 
6 
The Commission may also avail of advisory assistance from its accredited training 
7 
institutions, professional organizations, public sector unions, federations, confederations 
8 
and non-government organizations' (NGOs) in connection with its human resource 
9 
development policies and programs. 
10 
II 
SEC. 116. Funding. - Each department or agency with individual budget shall 
12 
allocate an amonnt of not less than 5% thereof to be spent exclnsively for its training and 
13 
development programs and activities including conferences and conventions and submit 
14 
periodic reports thereof to the Commission. 
15 
16 
Each agency shall likewise allocate 5% of its budget for gender and development 
17 
activities and submit to the commission, periodic report on the utilization thereof. 
18 
19 
Chapter Three. Performance Appraisal 
20 
21 
SEC. 117. Performance Appraisal System. - The Commission shall establish a 
22 
Perforn1ance Appraisal System (PAS) for all appointive public officers and employees 
23 
which shall be the basis for incentives, rewards and recognition, training and development, 
24 
personnel actions, and administrative sanctions. 
25 
26 
SEC. 118. Performance Appraisal Plan. - Each department or agency shall 
27 
develop and use one or more appropriate Performance Appraisal Plans (PAP) for the 
28 
various groups of positions therein. 
29 
30 
All performance appraisal plans shall be submitted to the Commission for approval 
31 
in accordance with its policies, standards and guidelines. 
32 
33 
Chapter 4. Incentives and Awards 
34 
42 


SEC. 119. Rewards System. - The Commission shall establish a rewards system. It 
2 
shall include incentives, commendations and awards. The rewards system shall be granted 
3 
individually or in groups, for outstanding performance, exemplary conduct on the job, 
4 
inventions, ideas or suggestions, superior accomplishments and other extraordinary acts or 
5 
services in the interest of the public. 
6 
7 
The Commission shall develop, implement and evaluate the rewards system in all 
8 
levels and ranks. 
9 
10 
SEC. 120. Merit and Rewards Plan. - Each department or agency shall develop a 
11 
merit and rewards plan appropriate for its officers and employees in accordance with 
12 
policies and standards promUlgated by the Commission. 
13 
14 
The plan shal1 first be submitted to the Commission for approval before it can be 
15 
implemented. 
16 
17 
SEC. 121. Funding of the Rewards Plan. -The Commission and the Department of 
18 
Budget and Management shall develop the funding scheme for the implementation of the 
19 
rewards system. 
20 
21 
TITLE II - Personnel Relations in the Civil Service System 
22 
Chapter One. Personnel Relations 
23 
24 
SEC. 122. Declaration of Policy. - The Commission shall provide leadership and 
25 
assistance in developing personnel relations programs in the civil service system in 
26 
consultation with public officers and employees and/or their organizations with their 
27 
respective departments and agencies. The head of a department or agency shall be 
28 
responsible for an effective personnel relations program in the department or agency. 
29 
30 
SEC. 123. Grievance Machinery. - Each department or agency of the Government, 
31 
with the assistance and approval of the Commission shall establish and administer a 
32 
grievance machinery to promote wholesome and desirable relations among employees and 
33 
between employees and management. 
34 
43 


Employees shall have the right to have their grievances adjudicated as 
2 
expeditiously and as fairly as possible. 
3 
4 
A grievance may be filed by aggrieved employees or by the employee organization 
5 
to which they belong in accordance with the guidelines issued by the Commission. 
6 
7 
SEC. 124. Right to Organize. - Government employees may form, join or assist 
8 
employee organizations of their own choice for the furtherance and protection of their 
9 
interests. Government employees may also form, in conjunction with appropriate 
10 
government authorities, employee management committees, work councils and other forms 
11 
of employee participation schemes. 
12 
13 
However, uniformed personnel of the Philippine National Police (PNP), Bureau of 
14 
Fire Protection (BFP) and Bureau of Jail Management and Penology (BJMP), cannot form, 
15 
join or assist rank-and-file employee, organizations for purposes of collective negotiations. 
16 
17 
The third level employees and other employees whose functions are primarily 
18 
managerial or confidential in nature cannot form or join employee organizations for 
19 
purposes of collective negotiations. 
20 
21 
SEC. 125. Protection of the Right to Self-Organization. - Government employees 
22 
shall not be discriminated against by reason of their membership in employee 
23 
organizations or participation in the normal and legitimate activities of such organizations. 
24 
Employment in the civil service system shall not be subject to the condition that the 
25 
individual shall not form or join any employee's organizations. 
26 
27 
Management shall not interfere m the establishment and administration of 
28 
government employee organizations. 
29 
30 
Chapter Two. Employee Organization 
31 
32 
SEC. 126. Registration of Rank-and-File Employee Organizations. - Rank-and-
33 
file employee organizations shall register with the Commission in accordance with the 
34 
implementing guidelines promulgated by the Commission. 
35 
44 


SEC. 127. Sole and Exclusive Employee Organization. - The duly registered 
2 
employee organization in an agency that has the support of the majority of the total rank-
3 
and-file employees, shall be accredited by the Commission as the sole and exclusive 
4 
employee representative. In cases when there are two (2) or more registered employee 
5 
organizations in an agency, the Commission, upon petition, shall conduct a certification 
6 
election and shall certify the employee organization who garnered the majority vote as the 
7 
sole and exclusive representative of the rank-and-file employees in the said agency. 
8 
9 
For this purpose, an agency shall refer to an office which has its own budgetary 
10 
allocations as provided for in the General Appropriations Act, specifically its Table of 
II 
Contents. 
12 
13 
SEC. 128. Accreditation of Employee Federation in an Agency. - Registered 
14 
employee organizations within a given agency may federate and shall be accredited as the 
15 
sole and exclusive bargaining representative of the employees; Provided, its aggregate total 
16 
membership constitute the majority ofthe total rank-and-file employees in the agency. 
17 
18 
SEC. 129. Collective Negotiations. - Except those that are fixed by law, terms and 
19 
conditions of employment in the government service may be the subject of collective 
20 
negotiations between duly accredited employee organizations and the appropriate 
21 
government authorities. 
22 
Collective negotiations agreements shall be registered with the Commission. 
23 
24 
25 
Chapter Three. Settlement of Disputes 
26 
SEC. 130. Definition of Terms. - For purposes of this Code, the following terms 
27 
shall be defined as follows: 
28 
29 
(a) Arbitration - refers to the process whereby a third party (individual arbitrator), a 
30 
board of arbitrators, or an arbitration court not acting as a court, is empowered to 
31 
make a decision which disposes of the dispute. 
32 
(I) Voluntary - a method of settling dispute/s where both parties agree to 
33 
submit the dispute before an arbitrator or panel of arbitrators chosen by both 
34 
parties. The voluntary arbitrators shall render a decision after proper hearing 
45 


1 
2 
3 
4 
5 
6 
of the issues. The decision of the arbitrator shall be final and binding on the 
contending parties. 
(2) Compulsory - a method resorted to when the dispute has become hardened 
and irreconcilable and remains unresolved after exhausting all the available 
remedies under existing laws and procedures. 
7 
(b) Conciliation - refers to the process whereby a third party (conciliator) brings the 
8 
disputing parties together, encourages them to discuss their differences and assists 
9 
them in developing their own proposed solutions. 
10 
(a) Mediation - refers to the process whereby a third party (mediator) is more active in 
11 
assisting the disputing parties reach acceptable solutions to the problem/s and help 
• 
12 
them develop or come out with an acceptable solution. The mediator may submit 
13 
proposa1/s for the settlement of dispute. 
14 
15 
SEC. 131. Settlement of Disputes wit/tin an Agency. - Disputes within employee 
16 
organizations, between and among employee organizations, and between employee 
17 
organizations and management shall be settled through conciliation, mediation and 
18 
arbitration. The Commission shall be responsible in providing conciliation and mediation 
19 
services. In case any dispute remains unresolved, the Commission shan certify the same to 
20 
the Public Sector Labor Management Council (PSLMC). 
21 
22 
However, the parties may opt to submit the issue for voluntary arbitration, the 
23 
decision of which shall be final and unappealable. 
24 
25 
26 
Chapter Four. Public Sector Labor-Mauagement Council 
27 
SEC. 132. Public Sector Labor-Management Council (PSLMC). - Public Sector 
28 
Labor-Management Council (PSLMC) is hereby constituted to be composed of the 
29 
following: 
30 
(a) Chairperson, Civil Service Commission - Chairperson; 
31 
(b) Secretary, Department of Labor and Employment - Vice Chairperson 
32 
(c) Secretary of Justice -Member; 
33 
(d) Secretary, Department of Finance -Member; 
34 
(e) Secretary, Department of Budget and Management -Member; and 
46 


(l) One (1) employee representative each li'om the National Government Agencies 
2 
(NGAs), the Government-owned and Controlled Corporations (GOCCs), the Local 
3 
Government Units (LGUs), and the State Colleges and Universities (SUCs), to be 
4 
chosen by the employee organizations concerned. 
5 
6 
The ex-officio members may designate pClmanent alternates who hold positions not 
7 
lower than that of assistant secretary or its equivalent. 
8 
9 
The employee representatives may also desLgnate their permanent alternates. 
10 
11 
The employee representatives shall serve lor a term of two (2) years or until their 
12 
successors shall have been appointed or elected. In no case, however, shall anyone of them 
13 
serve under holdover capacity for more than one (1) year. 
14 
15 
The PSLMC may deputize public officers and employees of the Commission and 
16 
of other departments and agencies to investigate and hear cases brought before it for 
17 
arbitration. It may likewise deputize any national or local law enforcement agency or 
18 
instrumentality of the government which shall act under its direct and immediate 
19 
supervision, to enforce and execute its decisions, orders, and rulings. 
20 
21 
The PSLMC shall implement and administer the provisions of this Chapter. For this 
22 
purpose, the PSLMC shall promulgate the necessary rules and regulations to implement 
23 
this Chapter. 
24 
25 
SEC. 133. Original and Exclusive Jurisdiction of the PSLMC. - The PSLMC 
26 
shall have original and exclusive jurisdiction to hear and decide the following cases: 
27 
(a) Unfair labor practice; 
28 
(b) Representation issue; 
29 
(c) Disputes arising in the course of the conduct of collective negotiations; 
30 
(d) Disputes on issues resulting from the implementation of the grievance machinery; 
31 
( e) Determination of the presence or absence of a strike; 
32 
(l) Inter-employee organization dispute; 
33 
(g) Intra-employee organization dispute; 
34 
(h) Employee organization election of officers; 
47 


1 
(i) Disputes on issues resulting from the implementation of the provisions of 
2 
Collective Negotiations Agreement; and 
3 
(j) Other analogous acts as may be determined by the PSLMC. 
4 
5 
These cases may be referred to the PSLMC by any of the parties to ,the dispute or 
6 
the PSLMC may, motu proprio, take cognizance of the same whenever the interest of the 
7 
service so demands. 
8 
9 
When the main issue of a particular case is the consequence of a strike or other 
10 
concerted activities and the PSLMC has already assumed jurisdiction over the same, no 
11 
administrative or disciplinary action shall be instituted by the agency concerned against 
12 
any employee involved therein until the final resolution of the case. 
13 
14 
SEC. 134. Unfair Labor Practice. - The following shall constitute unfair labor 
15 
practice on the part of the agency: 
16 
(a) Interfering with, restraining or coercing employees in the exercise of their right to 
17 
self-organization; 
18 
(b) Requiring as a condition of employment that an employee shall not form or join an 
19 
employee organization or shall withdraw from one to which helshe belongs; 
20 
(c) Discriminating in regard to work schedules, places of assignment and other terms 
21 
and conditions of employment in order to encourage or discourage membership in 
22 
any employee organization; 
23 
(dl Terminating the services or discriminating against any employee for having signed 
24 
or filed an affidavit, petition or complaint or given any information or testimony 
25 
against the head of the agency or members of top management; 
26 
(el Refusing to collectively negotiate in good faith with the accredited employee 
27 
organization; 
28 
(f) Violating any ofthe provisions of the Collective Negotiation Agreement; and 
29 
(g) Other analogous acts as may be determined by the PSLMC 
30 
31 
The following shall constitute unfair labor practice on the part of the employee 
32 
organization: 
33 
(al Restraining or coercing any employee to form or join an employee organization or 
• 
34 
its activities. Employee organization shall have the right to prescribe its own rules 
35 
on the acquisition or retention of membership; 
48 


(b) Causing or attempting to cause the agency head or other officers to discriminate 
2 
against an employee who has not joined or has withdrawn membership from the 
3 
employee organization; 
4 
(c) Refusing to collectively negotiate in good faith with the management; 
5 
(d) Violating any ofthe provisions of the Collective Negotiation Agreement; and 
6 
(e) Other analogous acts as may be determined by the PSLMC. 
7 
8 
The heads of offices and the other officers of the agency as well as officers and 
9 
members of an employee organization, who participate in or authorize an unfair labor 
10 
practice shall be held administratively liable and shall be imposed a fine of not less than 
II 
PI 0, 000.00, or suspension not exceeding one year, or both for such participation or grant 
i2 
of authority without prejudice to civil and criminal liability. 
13 
14 
SEC. 135. Writ of Preliminary Injunction or Temporary Restraining Order. - The 
15 
PSLMC may after notice and hearing issue a writ of preliminary injunction or temporary 
16 
restraining order which shall not last for more than twenty (20) days from issuance thereof 
17 
when, on the basis of the allegations in the petition, it is established that the acts 
18 
complained of involving or arising from any employee-management dispute, if not 
19 
restrained or performed immediately,' may cause grave or irreparable injury to any party or 
20 
render ineffectual any decision of the PSLMC in favor of such party. 
21 
22 
The PSLMC shall require the petitioner to post a bond and the writ of preliminary 
23 
injunction or temporary restraining order shall become effective only upon the approval of 
24 
the bond which shall answer for any damage that may be suffered by the party enjoined if 
25 
it is finally determined that the petitioner is not entitled to the ancillary relief prayed for. 
26 
27 
SEC. 136. Grounds for Contempt. - The PSLMC may cite a person for contempt 
28 
on any of the following grounds: 
29 
30 
(a) Disobedience or resistance to a lawful order, decision, ruling, summons 
31 
or subpoena or any other issuance of the PSLMC; or 
32 
(b) Unlawful interference with the proceedings of the PSLMC, improper 
33 
conduct tending directly or indirectly to impede, obstruct, delay or 
34 
hamper the implementation of any order, decision or ruling of the 
35 
PSLMC. 
49 


1 
2 
The person so cited for conlempt whether direct or indirect shall be punished by a 
3 
fine of not more than PI, 000.00 for every act of contempt. Each day of defiance or 
4 
disobedience or non-enforcement of any issuance of the PSLMC as mentioned shall 
5 
constitute separate acts of contempt of the PSLMC. 
6 
7 
SEC. 137. PSLIMC Decision. - Decisions of the PSLMC are final and executory 
8 
unless a motion [or reconsideration is filed by the aggrieved party within fifteen (15) 
9 
calendar days from receipt of the decision and only on the basis of palpable or patent 
10 
errors. The PSLMC shall not entertain any second molion for reconsideration. Decisions of 
11 
the PSLMC may be elevated to the Court of Appeals. 
12 
13 
Chapter Five. The Right to Strike 
14 
15 
SEC. 138. Right to engage in Strike. - The right of the duly accredited employee 
16 
organization to strike, consistent with national interest and public service, shall be 
17 
recognized and respected. Provided, the striking organization shall ensure an effective 
18 
skeletal workforce whose movement and services shall not be hampered or restricted as are 
19 
necessary to guarantee the proper and adequate delivery of public service. 
20 
21 
In view of the peculiar character of public service and considering that public office 
22 
is a public trust, the right of employees to strike may be allowed only as a last resort imd 
23 
subject to the limitations herein provided. 
24 
25 
SEC. 139. Who Can Strike. - Rank-and file employees of the agency where the 
26 
accredited employee organization belongs may join the strike subject to the provisions of 
27 
this code. Employees who join the strike shall not be entitled to payment of salary for the 
28 
period that they are on strike. 
29 
30 
SEC. 140. Government Employees Who Are Prohibited to Strike, - The following 
31 
are not allowed to strike due 10 exigency in public service, public safety and national 
32 
interest: 
33 
(a) Defense and security services including officers and employees belonging to the 
34 
Armed Forces of the Philippines (AFP), police, fire protection, jail management 
35 
and those engaged in the custody of prisoners and detainees; 
50 


1 
(b) Medical and allied servIces including doctors, nurses, medical therapists and 
2 
paramedics; 
3 
(c) Public utility services such as power and water supply, transportation, air traffic 
4 
controllers, radar and radio controllers, lighthouse keepers and harbor pilots; and 
5 
(d) Others services to be determined by the Commission taking into consideration 
6 
public service and national interest. 
7 
8 
SEC. 141. Grounds for Strike. - A strike may be declared on the following 
9 
grounds: 
10 
Ca) Unfair labor practices committed by management as provided for in this Code; 
11 
(b) Mismanagement or abuse of the management of the agency; and 
12 
(c) Graft and corruption. 
13 
14 
SEC. 142. Notice of Dispute. - The existence of a dispute which may be the ground 
15 
of an impending strike must first b6 brought to the Commission in the form of a notice of 
16 
dispute for either conciliation and mediation or the parties may submit the same for 
17 
voluntary arbitration. In either case, the notice of dispute must be in accordance with the 
18 
requirements and procedures as may be prescribed by the Commission which shall settle 
19 
the dispute within sixty (60) days from date of receipt of the said notice. In cases when the 
20 
parties opt for voluntary arbitration, the agreement thereof shall be final and executory 
21 
between the parties concerned. 
22 
23 
24 
SEC. 143.Certijication to the PSLMC. - In the event the dispute is not settled 
25 
within the sixty (60)-day period prescribed in the preceding Section or in case of failure to 
26 
arrive at a resolution of the dispute through conciliation or mediation, the Comj11ission 
27 
shall certify the dispute to the PSLMC for settlement and resolution. 
28 
29 
SEC. 144. Requirement of Strike Vote and Notice to Strike. - Immediately upon 
30 
certification of the dispute to PSLMC as provided in the preceding section, the accredited 
31 
employee organization may call a vote in order to declare a strike. The decision to declare 
32 
a strike must be approved by a majority vote of the total rank-and-fi1e employee,s of the 
33 
agency where the duly accredited employee organization belongs. The same shall be 
34 
obtained through secret ballot in a meeting called for the purpose. The duly accredited 
35 
employee organization shall file with the PSLMC the results of the strike vote and the 
51 


1 
notice to strike, copy furnish the head of agency, at least thirty (30) days before the date of 
2 
the intended strike and during the said 30-day period no strike shall be held. Only disputes 
3 
or issues raised in the said notice shall be the subject of the strike. 
4 
5 
SEC. 145. Remedial Actio1ls by the PSLMC. - When a dispute has been referred to 
6 
the PSLMC, it shall exert all efforts to settle the same through various modes of dispute 
7 
settlement in order to prevent the impending strike. 
8 
9 
When there is a strike in a government agency, which affects national interest or 
10 
public service, the PSLMC may issue a return-to-work order and/or certify the same for 
II 
compulsory arbitration. A return-to-work order shall have the effect of automatically 
12 
stopping the strike. 
13 
14 
For this purpose, the contending parties are strictly enjoined to comply with such 
IS 
order as are issued by the PSLMC, under pain of disciplinary action. 
16 
17 
18 
SEC. 146. Prohibited Activities. -
19 
(a) No accredited employee organization may hold a strike more than once a year. 
20 
(b) No dispute which occurred prior to the notice to strike, which were not raised in the 
21 
said notice, may be the subject of succeeding strikes. However, a dispute which 
22 
occurred subsequent to the notice may be the subject of another strike provided that 
23 
the same shall be subject to the one (I)-year rule provided for in the preceding 
24 
paragraph. 
25 
(c) No person engaged in the strike shall commit any act of violence, coercion or 
26 
intimidation or obstruct the frl'e ingress to or egress from the agency's premises for 
27 
lawful purposes or obstruct public thoroughfares. 
28 
(d) No person shall obstruct, impede, or interfere with, by force, violence, coercion, 
29 
threats, or intimidation any peaceful strike, or shall aid or abet such obstruction or 
30 
interference. 
31 
(e) No employee organization may declare a strike without first having filed the notice 
32 
required under Sec. 144 and the necessary strike vote first having been obtained 
33 
and filed with the PSLMC. 
34 
(I) No employee organization may go on strike without ensunng and maintaining 
35 
effective skeletal force. 
52 


2 
BOOK IV. PERSONNEL BENEFITS AND PRIVILEGES, DAYS AND HOURS OF 
3 
WORK AND OFFICIAL RECORDS 
4 
5 
Title I - Personnel Benefits and Privileges 
6 
Chapter One. Health and Other Services 
7 
8 
SEC. 147. Policy. - The health, welfare, safety and security of every personnel in 
9 
the civil service system shall be the concern of government. Each department or agency 
10 
shall make provisions OUT OF THEIR EXISTING BUDGETS for personnel health, 
11 
welfare, medical, SPIRITUAL and counseling services and Leave benefits and promote 
12 
and develop occupational safety, sports and recreation programs and similar services. 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
SEC. 148. Comprehensive Occupational Health Program. - A comprehensive 
occupational health program including medical, dental and other health services shall be 
established and maintained for all personnel in the civil service system. 
SEC. 149. Safety and Accident Prevention. - Each department or agency shall 
develop and maintain a continuing occupational safety and accident prevention program 
for its officers and employees. 
, '1 
SEC. 150. Personnel Counseling. - Each department or agency shall pro'{ide 
personnel counseling services, including pre-retirement counseling. 
SEC. 151. Personnel Recreation. - Each department or agency shall. pr~lVide 
facilities for sports and recreational activities and shall encourage voluntary participation 
of its officers and employees. 
Chapter Two. Leave Benefits 
SEC. 152. Entitlement to Leave Privileges. - Appointive personnel of the 
government, whether permanent, temporary, contractual or casual as well as elective 
official[ er Js who render the required number of office hours shall be entitled to an annual 
fifteen (15)-day vacation and fifteen (15)-day sick leave with full pay exclusive of 
Saturdays, Sundays, and public holidays. 
53 


1 
2 
SEC. 153. Leave of Absence of Part-time Personnel. - Public officers and 
3 
employees rendering service on a part-time basis are entitled to vacation and sick leave 
4 
benefits proportionate to the number of hours they served. 
5 
6 
SEC. 154. Leave of Absence of Personnel on Rotation Basis. - Public officers and 
7 
employees on rotation basis shall be entitled to vacation and sick leave corresponding to 
8 
the length of service they rendered. 
9 
10 
SEC. 155. Forced/Mandatory Vacation Leave. - All appointive and elective 
II 
0 fficers and employees of the government with ten (10) days or more vacation leave 
12 
credits shall be required to go on MANDATORY vacation leave whether continuous or 
13 
intermittent for a minimum of five (5) working days annually. 
14 
15 
SEC. 156. Accumulation and Commutation of Leave. - Vacation and sick leave 
16 
shall be cumulative and commutative. Except for personnel covered by special laws, 
17 
commutation of leave credits shall be exclusive of Saturdays, Sundays and holidays. 
18 
19 
Public officers and employees whose off-days do not fall on a Saturday or a 
20 
Sunday shall have their leaves of absence computed exclusive of their off-days. 
21 
22 
SEC. 157. Rehabilitation Leave. - [Qualified} Public officers and employees are 
23 
entitled to rehabilitation leave for illnesses and/or injuries which are job-related or which 
24 
resulted from or was aggravated by the working environment. Such leave which should not 
2S 
exceed six (6) months shall be with full pay and benefits and shall not be charged against 
26 
accumulated vacation or sick leave credits of the personnel concerned. The cost of initial 
27 
medical expenses such as emergency/paramedic services and initial ambulance or transport 
28 
services shall be borne by (he agency of the officers and employees concerned. Substantive 
29 
and long term medical expenses for therapeutic and rehabilitation purposes shall be borne 
30 
by the Philippine Health Insurance Corporation; (he Employee Compensation Commission 
31 
(ECC) and the Government Service Insurance System (GSIS) as the case may be and 
32 
whenever applicable. 
33 
34 
SEC. 158. Teachers' Leave. - Other than those designated for continuous duty and 
3S 
those covered by special charters, school teachers in government elementary and secondary 
54 


I 
schools shall be entitled to vacation pay. They shall be entitled to service credits for 
2 
services rendered during the vacation period, including Saturdays, Sundays, and holidays, 
3 
in accordance with the rules and regulations prescribed by the Commission. 
4 
5 
TEACHERS SHALL ALSO BE ENTITLED TO ANNUAL SEVEN (7) DAYS 
6 
SICK 
LEAVE 
WHICH 
SHALL 
BE 
NON-CUMULATIVE 
AND 
7 
NONCOMMUTATIVE. 
8 
9 
SEC. 159. Leave of Elective Officials. - All elective officials shall be entitled to 
10 
leave credits granted to appointive OFFICERS and the cumulation and commutation of 
11 
the money value thereof. 
12 
13 
SEC. 160. Leave Credits of Officers and Employees Covered by Special [Leave] 
14 
Laws. - The leave credits of the following personnel are covered by special laws: 
15 
(a) Justices of the Supreme Court, Court of Appeals and Sandigan bayan; 
16 
(b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial COUJis, 
17 
Court of Tax Appeals and Shari'a Circuit Court; and Shari'a District Court; 
18 
(c) The head of the Executive Department, heads of Departments, Undersecretaries;] 
19 
(d) The Chairperson and Commissioners of the Constitutional Commissions; 
20 
(e) Filipino personnel in the Foreign Service; and 
21 
(I) Other personnel covered by special laws. 
22 
23 
SEC. 161. Maternity Leave. ~ Women in the government service, of whatever civil 
24 
and employment status and regardless oflength of service shall, in addition to the vacation 
25 
and sick leave granted them, be entitled to maternity leave of sixty (60) calendar days FOR 
26 
NORMAL DELIVERY AND SEVENTY-EIGHT (78) DAYS FOR DELIVERY BY 
27 
CAESARIAN SECTION WITH fULL PAY, subject to guidelines issued by the 
28 
Commission. 
29 
30 
SEC. 162. Adoption Leave. - PUBLIC OFFICERS and employees who legally 
31 
adopt a child below seven (7) years of age as of the date the child is placed with them shall 
32 
be entitled to adoption leave in the manner herein provided: 
33 
(a) Married INDIVIDUALS [couples who are both in government] shall be entitled to 
• 
34 
thirty (30) calendar days for the adoptive mother and seven (7) calendar days for 
35 
the adoptive father. 
55 


- , 
1 
(b) Solo parents of whatever gender or civil status shall be entitled to thirty (30) 
2 
calendar days. 
3 
4 
Availment of adoption leave shall commence from the date the child is placed with 
5 
the adoptive parents which shall not be earlier than the date of the decree of adoption. 
6 
Adoption leave shall be non-commutative and non-cumulative. 
7 
8 
SEC. 163. Parental Leave jor-Solo Parents. - In addition to leave privileges under 
9 
existing laws, parental leave of not more than seven (7) working days every year until the 
10 
child reaches the age of eighteen (18) years shall be granted to officers and employees who 
11 
are solo parents and have rendered service of at least one (1) year. 
12 
13 
Parental leave shall be non-commutative and non-cumulative. 
14 
15 
SEC. 164. Paternity Leave. - A married man in the government service shall be 
16 
entitled to paternity leave of seven (7) working days for the first four (4) deliveries OR 
17 
MISCARRIAGES of his legitimate spouse with whom he is cohabiting. 
18 
19 
The paternity leave shall be non-cumulative and non-commutative. 
20 
21 
SEC. 165. Special Leaves. - Public officers and employees, except [teachers and} 
22 
those covered by special [leave} laws, are entitled to special leaves [, to mark personal 
23 
milestones and/or attend to filial and domestic responsibilities}, not exceeding an 
24 
aggregate of three (3) days A YEAR TO ATTEND TO PERSONAL, FILIAL AND 
25 
DOMESTIC RESPONSIBILITIES SUCH AS BUT NOT LIMITED TO' THE' .. 
26 
FOLLOWING, in accordance with the guidelines to be set by this Commission: 
27 
28 
(a) PERSONAL 
MILESTONES 
SUCH 
AS 
BIRTHDAYS, 
WEDDING, 
29 
WEDDING ANNIVERSARIES [celebrations] AND OTHER SIMILAR 
30 
MILESTONES, 
INCLUDING 
BEREAVEMENT 
AND 
DEATH 
31 
ANNIVERSARIES; 
32 
Parental obligations such as school related activities, first communion; 
33 
medical needs, among others,] 
34 
(b) OBLIGATIONS TO PARENTAL, FILIAL AND OTHER DOMISTIC 
35 
EMERGENCIES AND RESPONSIBILITIES; AND [cover the personnel's 
56 


moral obligation toward his/her parents, spouse and siblings for their medical and 
2 
social needs; domestic emergencies such as sudden urgent repairs needed at home, 
3 
sudden absence of a yaya or maid, and the like; personal transactions to cover the 
4 
entire range of transactions an individual does with government and private offices 
5 
such as paying taxes, court appearances, arranging a housing loan, etc.; and} 
6 
(e) CALAMITY, ACCIDENT HOSPITALIZATION LEAVE PERTAIN TO 
7 
8 
9 
10 
FORCE MAJEURE EVENTS THAT AFFECT THE LIFE, LIMB, AND 
PROPERTY OF THE EMPLOYEE OR HIS IMMEDIATE FAMILY. 
Special leaves shall be non-commutative and non-cumulative. 
II 
SEC. 166. Study Leave and Sabbatical Leave. - Qualified public officers and 
12 
employees may be granted study and sabbatical leave, subject to the rules and regulations 
13 
promulgated by the Commission. 
14 
15 
SEC. 167. Commutation and Monetization of Leave Credits. - Accumulated leave 
16 
credits can either be commuted or monetized subject to the rules and regulations prescribed 
17 
by the Commission. 
18 
19 
EACH AGENCY OF THE ,GOVERNMENT SHALL PROVIDE FOR THE 
20 
COMMUTATION AND MONETIZATION OF LEAVE CREDITS IN THEIR 
21 
BUDGET PROGRAM PROVIDED IT IS WITHIN THEIR APPROVED BUDGET 
22 
LEVELICEILING. 
23 
24 
SEC. 168. Effect of Re-employment on Commuted Leave. - Public officers and 
25 
employees whose leave credits have been commuted following their separation from the 
26 
service and were thereafter reemployed can either refund the money equivalent of the 
27 
unspent portion of the commuted leave credits. Otherwise, they have to start from zero 
28 
balance. 
29 
30 
SEC. 169. Transfer of Leave Credits of Appointive Personnel and Elective 
31 
Officials. - When appointive officers and employees transfer from one entity to another, 
32 
they can have their accumulated vacation and/or sick leave credits commuted or transferred 
33 
to their new office. 
34 
57 


I 
The second option can only be exercised by the personnel concerned when there 
2 
are no gaps in their service. However, a gap of not more than one (1) month may be 
3 
allowed provided same is not dne to the fault of the personnel concerned. 
4 
5 
The abovementioned options of commntation or transfer of accumulated leave 
6 
credits can also be availed of by an elective officer assuming another elective post. 
7 
However, these options are not applicable to the transfer of Armed Forces of the 
8 
Philippines (AFP) uniformed personnel to civilian positions. 
9 
10 
SEC. 170. Prescriptive Period for Transfer of Leave Credits. - The option to 
II 
transfer accumulated leave credits can be exercised within one (I) year only from the 
12 
effective date of transfer of the appointive personnel to their new office, or to the 
13 
assumption of the elective officers in their new post. 
14 
IS 
SEC. 171, Leave Without Pay. - In no case shall leave without pay be granted in 
16 
excess of one (I) year or if the public officer or employee concerned still has leave credits 
17 
with pay. 
18 
19 
SEC. 172. Terminal Leave. - Terminal leave refers to the total accumulated leave 
20 
credits of personnel, the money value of which shall be based not necessarily on the latest 
21 
salary rate but on the highest salary rate received at any time during the period of 
22 
employment in the government service. 
23 
24 
Chapter Three. Retirement Benefits 
25 
26 
SEC. 173. Payment of Retirement Benefits on the Day of Retirement. - All 
27 
personnel are entitled to receive their retirement benefits provided for under existing laws 
28 
on the day of their retirement. The last agency-employer shall ensure that all the retirement 
29 
documents are in order six (6) months prior to (he retirement of the said personnel. All 
30 
concerned agencies of the government shall render assistance in this regard. 
31 
32 
NOTWITHSTANDING ANY LAW TO THE CONTRARY, OFFICERS AND 
33 
E;MPLOYEES OF THE GOVERNMENT WHO HOLD MORE THAN ONE 
34 
REGULAR FULL-TIME OR PART-TIME APPOINTMENT AND WHO RETIRE 
58 


1 
FROM THE SERVICE SHALL BE ENTITLED TO NOT MORE THAN ONE (1) 
2 
RETIREMENT PLAN. 
3 
4 
All public officers and employees with pending administrative disciplinary cases 
5 
who FAILED TO RECEIVE THEIR RETIREMENT BENEFITS ON THE DAY OF 
6 
RETIREMENT AS A RESULT THEREOF BUT were eventually exonerated or cleared 
7 
therefrom shall be entitled to payment of retirement benefits immediately [a day} after the 
8 
promulgation of the decision. 
9 
10 
SEC. 174. Rate of Interest for Delay in Payment. - Should the retiree, through no 
11 
fault of his/her own, fail to receive the benefits on the day of retirement, the same shall 
12 
earn interest at the prevailing LEGAL [commercial} rate. The retirement benefits of those 
13 
who were eventually exonerated or cleared from administrative, disciplinary cases shall 
14 
likewise earn interest at the prevailing LEGAL [commercial] rate computed from the date 
15 
of retirement to the date of promulgation of the FINAL decision. 
16 
17 
IN CASE OF FORFEITURE OF RETIREMENT BENEFITS AS A RESULT 
18 
OF ADMINISTRATIVE DISCIPLINARY CASE, THE GOVERNMENT SERVICE 
19 
INSURANCE 
SYSTEM 
(GSIS) 
SHALL 
RETURN 
THE 
EMPLOYER'S 
20 
CONTRIBUTION TO THE AGENCY CONCERNED WITH LEGAL INTEREST. 
21 
22 
SEC. 175. Liability for Delay. - Agencies or their officers and employees who 
23 
caused the delay in the retiree's receipt of retirement benefits shall upon complaint of the 
24 
retiree or the successor in interests, be liable for the payment of the interest mentioned in 
25 
the immediately preceding Section. This is without prejudice to the filing of administrative 
26 
and criminal cases against the personnel responsible for the said delay. 
27 
28 
Complaints against delays in the release of retirement benefits shall be filed with 
29 
the Commission within one (1) year from the date of retirement. The Commission shall 
30 
promulgate rules and mechanisms to enforce this provision. 
31 
32 
Title 11 - Official Records and Work Days and Hours 
33 
Chapter One. Personnel Records Information System 
34 
59 


SEC. 176. Policy. - AN IT-BASED government-wide personnel records system 
2 
shall be established, administered and maintained by the Commission. Each department or 
3 
agency through its human resource management office, shall establish, manage and 
4 
maintain personnel records, DATABASE and statistics of all its personnel. 
5 
6 
SEC. 177. Records of Employment. - The Commission shall keep and maintain 
7 
official records of all elective and appointive personnel regardless of their employment 
8 
status. The Commission shall likewise maintain statistics on their employment, accession 
9 
and separation. 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
Chapter Two. Work Days and Honrs 
• 
SEC. 178. Observance of Work Days and Hours AND WEARING OF IDS. - It 
shall be the duty of each head of agency to require all its officers and employees to strictly 
observe the prescribed office hours and to wear identification cards, nameplates or the like 
bearing clearly and legibly their respective names and positions when dealing directly with 
the public in the performance of their respective duties or whenever they are within the 
premises of the office. When the head of agency allows government personnel to leave the 
office during office hours and not for official business or official time, the same shall be 
reflected in their time records and charged a their vacation leave credits. 
22 
SEC. 179. Forty Hour Workweek Requirement. - Personnel of all departments and 
23 
agencies except those covered by special laws shall render not less than forty (40) hours of 
24 
work a week, exclusive of time for lunch. As a general rule, such hours shall be from eight 
25 
(8) 0' clock in the morning to twelve (12) o'clock noon and from one (1) o'clocJ,. t9 fiye 
26 
(5) o'clock in the afternoon, all days ,except Saturdays, Sundays, and holidays. However, in 
27 
the interest of the service, heads of agencies, particularly those with frontline services, 
28 
shall adopt measures to ensure that continuous service is available even during tlie 12:00 
29 
noon to I :00 p.m. period. 
30 
31 
In the exigency of the service, or when necessary by the nature of the work of a 
32 
particular agency, the rescheduling or shifting of work schedule of a particular agency for a 
33 
number of working days less than the required five (5) days may be allowed by the head of 
34 
agency provided that government personnel render a total of forty (40) hours a week and 
60 


provided further that the public is assured of continuous delivery of service from eight (8) 
2 
in the morning to five (5) in the afternoon fDr the duratiDn of the entire workweek. 
3 
4 
SEC. 180. Non-regular Working Hours. - A work schedule that deviates from that 
5 
which is provided in Section 186 hereof or that which extends well into the night may also 
6 
be allowed upon the discretion of the head of office, the need of the service, or the health 
7 
and welfare of the personnel concerned; Provided, that the forty (40) hours workweek 
8 
exclusive of meal time, will not be reduced. 
9 
10 
SEC. 181. Daily Record of Attendance. - Each head of department or agency shall 
II 
require a daily record of attendance of all its officers and employees including those 
12 
serving in the field or on board a vessel, to be kept on the proper form and, whenever 
13 
possible, registered on the bundy c1Dck or any mechanical, electrical, Dr electrDnic device. 
14 
Service "in the field" Dr "on board a vessel" shall refer tD service rendered Dutside the 
15 
office which is the usual place of work. 
16 
17 
SEC. 182. Recording of Attendance by Senior Officers AND ELECTIVE 
18 
OFFICIALS. - Agency heads, third level positions shall record times of arrival at and 
19 
times of departure from official work stations. Absences from office shall likewise be 
20 
properly recorded in the agency. 
21 
22 
SEC 182. Persons in the Teaching Service. - All persons in the teaching service, 
• 
23 
primary and secondary levels, are covered by the forty (40) hours work-week requirement 
24 
and shan render not more than six (6) hours Dfteaching lDad every schoDI day. 
25 
26 
SEC. 184. Compensation for Authorized Work beyond Forty Hours. - When the 
27 
interest Df public service so requires, the daily hDurs Df work for personnel may be 
28 
extended by the head Df the agency cDncerned, which extensiDn shall be fixed in 
29 
accDrdance with the nature of the wDrk. Provided, that work in excess Df fDrty (40) hDurs a 
30 
week must be properly compensated by payment Df overtime whenever funds are available 
31 
for the purpose or through the grant of compensatDry time Dr day/s-off or thrDugh the 
32 
accumulatiDn Dfleave credits. 
33 
34 
SEC. 185. Performance of Duties in Excess of Forty Hours of Those in Special 
35 
Occupational Groups. - When the nature of duties to be performed or the interest Df the 
61 


public service so requires, the head of department or agency may require any or all of its 
2 
officers and employees to work in excess of the forty (40) hours, on Saturdays, Sundays 
3 
and public holidays, with either additional compensation or compensatory time/days-off; 
4 
or the accumulation ofleave credits. 
5 
6 
SEC. 186. Flexible Working Hours. - Flexible working hours shall be enforced 
7 
subject to the discretion of the head of agency. In no case shall the weekly working hours 
• 
8 
be reduced in the event (he agency adopts the flexi-time schedule. In the adoption of flexi-
9 
time, core working hours shall be prescribed taking into consideration the needs of the 
10 
service. 
11 
12 
SEC. 187. Compensatory Time or Day/. Off. - Grant of compensatory time or 
13 
day/s off shall be allowed for overtime services rendered subject to the mles to be 
14 
promulgated by the Commission. 
15 
16 
SEC. 188. FLEX/-PLACE. - PUBLIC OFFICERS AND EMPLOYEES j\1AY 
17 
BE ALLOWED TO WORK AWAY FROM THEIR OFFICIAL WORK STATIONS 
18 
SUBJECT TO THE DISCRETION OF THE HEAD OF AGENCY AND THE 
19 
NATURE OF THE FUNCTIONS OF THEIR POSITIONS. THE COMMISSION 
20 
SHALL ISSUE THE RULES AND REGULATIONS TO GOVERN THE 
21 
ADOPTION OF FLEXI-WORK PLACE. IN NO CASE SHALL THE ADOPTION 
22 
THEREOF 
AFFECT 
THE 
AV AILABILITY 
AND 
ACCESSIBILITY 
OF 
23 
GOVERNMENT SERVICES. 
24 
25 
SEC. 189. Liabilities. - Falsification or irregularities in the keeping of time records 
26 
will render the personnel concemed administratively liable without prejudice (0 criminal 
27 
prosecution as the circumstances warrant. 
28 
29 
30 
31 
32 
33 
BOOK V. DISCIPLINE 
Title I -Administrative Discipline 
Chapter One. General Provisions 
62 


1 
SEC. 190. Disciplinary Action. - No public officer or employee in the civil service 
2 
system shall be disciplined, suspended or removed from office except for cause as 
3 
provided for by law and after due process. 
4 
The following shall be grounds for disciplinary action: 
5 
(a) Dishonesty; 
6 
(b) Neglect of duty; 
7 
(c) Misconduct; 
8 
(d) Final conviction of a crime invplving moral turpitude; 
9 
( e) Falsification of official documents; 
10 
(f) Sexual Harassment; 
II 
(g) Engaging directly or indirectly in partisan political activities by one holding a non-
12 
political office; 
13 
(h) Receiving for personal use of a fee, gift or other valuable thing in the course of 
14 
official duties or in connection therewith when such fee, gift or other valuable thing 
15 
is given by any person in the hope or expectation of receiving a favor or better 
16 
treatment than that accorded to other persons or for committing acts punishable 
17 
under the anti-graft laws; 
18 
(i) Contracting loans from persons with whom the office of the employee has business 
19 
relations; 
20 
(j) Nepotism; 
21 
(Ie) Oppression; 
22 
(I) Disgraceful or immoral conduct; 
23 
(m)Inefficiency and incompetence in the perfOlmance of official duties; 
24 
(n) Frequent unauthorized absences; 
25 
(0) Habitual tardiness; 
26 
(p) Loafing; 
27 
(q) Refusal to perform official duty or unjust refusal to render overtime service; 
28 
(r) Insubordination; 
29 
(s) Conduct prejudicial to the best interests of the service; 
30 
(t) Discourtesy in the course of official duties; 
31 
(u) Habitual drunkenness; 
32 
(v) Violation ofreasonable office rules and regulations; 
33 
(w) Gambling prohibited by law; 
34 
(x) Pursuit of private business, vocation or profession in violation of civil service law, 
35 
rules and regulations; 
63 


• 
(y) Promoting ticket sales which are not intended for charitable or public welfare 
2 
purposes; 
3 
(z) Improper or unauthorized solicitation of contributions; 
4 
(aa) 
UNAUTHORIZED 'USE OF GOVERNMENT RESOURCES AND 
5 
PROPERTIES; 
6 
(bb) 
Unfair labor practice; 
7 
(cc) 
Illegal strike; 
8 
(dd) 
Unjustifiable delays in the payment of employee benefits; 
9 
(ee) 
DIRECTLY 
OR INDIRECTLY 
HAVING 
FINANCIAL 
AND 
10 
MATERIAL INTEREST IN ANY TRANSACTION REQUIRING THE 
11 
APPROVAL OF THEIR OFFICE. 
FINANCIAL AND 
MATERIAL 
12 
INTEREST IS DEFINED AS A PECUNIARY INTEREST BY WHICH A 
13 
PERSON WILL GAIN OR LOSE SOMETHING; 
14 
(ft) 
OWNING, 
CONTROLLING, 
MANAGING 
OR 
ACCEPTING 
15 
EMPLOYMENT AS OFFICER, EMPLOYEE, CONSULTANT, COUNSEL, 
16 
BROKER, AGENT, TRUSTEE, OR NOMINEE IN AN 
PRIVATE 
17 
ENTERPRISE REGULATED, SUPERVISED OR LICENSED BY HIS 
18 
OFFICE, UNLESS EXPRESSLY ALLOWED BY LAW; 
19 
(gg) 
ENGAGING IN THE PRIVATE PRACTICE OF PROFESSION 
20 
UNLESS 
AUTHORIZED 
BY 
THE 
CONSTITUTION, 
LAW 
OR 
21 
REGULATION, PROVIDED THAT SUCH PRACTICE WILL NOT 
22 
CONFLICT OR TEND TO CONFLICT WITH HISIHER OFFICIAL 
23 
FUNCTIONS; 
24 
(hh) 
RECOMMENDING ANY PERSON TO ANY POSITION IN A 
25 
PRIVATE ENTERPRISE WHICH HAS A REGULAR OR PENDING 
26 
OFFICIAL TRANSACTION WITH HISIHER OFFICE, UNLESS SUCH 
27 
RECOMMENDATION OR REFERRAL IS MANDATED BY (1) LAW, OR 
28 
(2) 
INTERNATIONAL 
AGREEMENTS, 
COMMITMENT 
AND 
29 
OBLIGATION, OR AS PART OF THE FUNCTIONS OF HIS/HER 
30 
OFFICE; 
31 
(ii) 
DISCLOSING OR MISUSING CONFIDENTIAL OR CLASSIFIED 
32 
INFORMATION OFFICIALLY KNOWN TO HIMIHER BY REASON OF 
33 
HISIHER OFFICE AND NOT MADE AVAILABLE TO THE PUBLIC, TO 
34 
FURTHER 
HIS/HER 
PRIVATE 
INTERESTS 
OR 
GIVE 
UNDUE 
64 


1 
ADVANTAGE TO ANYONE OR TO PREJUDICE THE PUBLIC 
2 
INTEREST; 
3 
Uj)SOLICITING OR ACCEPTING, DIRECTLY OR INDIRECTLY, ANY 
4 
GIFT, GRATUITY, FAVOR, ENTERTAINMENT, LOAN OR ANYTHING 
5 
OF MONETARY VALUE WHICH IN THE COURSE OF HISIHER 
6 
OFFICIAL DUTIES OR IN CONNECTION WITH ANY OPERATION 
7 
BEING REGULATED BY, OR ANY TRANSACTION WHICH MAY BE 
8 
AFFECTED BY 
THE FUNCTIONS OF HISIHER OFFICE. THE 
9 
PROPRIETY OR IMPROPRIETY OF THE FOREGOING SHALL BE 
10 
DETERMINED 
BY 
ITS 
VALUE, 
KINSHIP 
OR RELATIONSHIP 
11 
BETWEEN GIVER AND RECEIVER AND THE MOTIVATION. A THING 
12 
OF MONETARY VALUE IS ONE WHICH IS EVIDENTLY OR 
13 
MANIFESTLY EXCESSIVE BY ITS VERY NATURE; 
14 
(kk) 
OBTAINING OR USING ANY STATEMENT FILED UNDER R.A. 
15 
6713 FOR ANY PURPOSE CONTRARY TO MORALS OR PUBLIC 
16 
POLICY OR ANY COMMERCIAL PURPOSE OTHER THAN BY NEWS 
17 
AND COMMUNICATIONS MEDIA FOR DISSEMINATION TO THE 
18 
GENERAL PUBLIC; 
19 
(II) 
UNFAIR DISCRIMINATION IN RENDERING PUBLIC SERVICE 
20 
DUE TO PARTY AFFILIATION OR PREFERENCE; 
21 
(mm) 
DISLOYALTY TO THE REPUBLIC OF THE PHILIPPINES AND 
22 
TO THE FILIPINO PEOPLE; 
23 
(nn) 
FAILURE TO ACT PROMPTLY ON LETTERS AND REQUESTS 
24 
WITHIN 
FIFTEEN 
(15) 
DAYS 
FROM 
RECEIPT, 
EXCEPT 
AS 
25 
OTHERWISE PROVIDED IN R.A. 6713 AND IN ITS IMPLEMENTING 
26 
RULES; 
27 
(00) 
FAILURE TO PROCESS DOCUMENTS AND COMPLETE ACTION 
28 
ON DOCUMENTS AND PAPERS WITHIN A REASONABLE TIME FROM 
29 
PREPARATION THEREOF; 
30 
(pp) 
FAILURE TO ATTEND TO ANYONE WHO WANTS TO AVAIL 
31 
HIMSELF/HERSELF OF THE SERVICES OF THE OFFICE OR TO ACT 
32 
PROMPTLY 
AND 
EXPEDITIOUSLY 
ON 
PUBLIC 
PERSONAL 
33 
TRANSACTIONS; 
65 


• 
1 
(qq) 
FAILURE 
TO 
FILE 
SWORN 
STATEMENTS 
OF 
ASSETS, 
2 
LIABILITIES AND NET WORTH, AND DISCLOSURE OF BUSINESS 
3 
INTERESTS AND FINANCIAL CONNECTIONS; AND 
4 
(rr) 
FAILURE TO RESIGN FROM HlSIHER POSITION IN THE· 
5 
PRIVATE BUSINESS ENTERPRISE WITHIN THIRTY (30) DAYS FROM 
6 
ASSUMPTION OF PUBLIC OFFICE WHEN CONFLICT OF INTEREST 
7 
ARISES, AND/OR FAILURE TO DIVEST HlMSELFIHERSELF OF 
8 
HlSIHER SHAREHOLDINGS OR INTERESTS IN PRIVATE BUSINESS 
9 
ENTERPRISE WITHIN SIXTY (60) DAYS FROM SUCH ASSUMPTION 
10 
OF PUBLIC OFFICE WHEN CONFLICT OF INTEREST ARISES: 
11 
PROVIDED, HOWEVER, THAT FOR THOSE WHO ARE ALREADY IN 
12 
THE SERVICE AND A CONFLICT OF INTEREST ARISES, THE 
13 
OFFICIAL OR EMPLOYEE MUST EITHER RESIGN OR DIVEST 
14 
HIMSELF/HERSELF OF SAID INTERESTS WITHIN THE PERIODS 
IS 
HEREIN-ABOVE PROVIDED, RECKONED FROM THE DATE WHEN 
16 
THE CONFLICT OF INTEREST HAD ARISEN; 
17 
[Engaging in activities that aid, support, agitate, or espouse the overthrow 
18 
of a duly constituted authority;} 
19 
(ss) 
Engaging in or suppOliing acts of insurrection, rebellion, sedition, and 
20 
other crimes against public order as defined in Title Three, Book Two of the 
21 
Revised Penal Code and commission of crimes against national security and the 
22 
law of nations as defined in Title One, Book Two, Chapters One, Two, and Three 
23 
of the Revised Penal Code; and 
24 
(tt) All other grounds for disciplinary action [provided or} AS may be provided for by 
25 
law. 
26 
27 
Chapter Two. Disciplinary Jurisdiction 
28 
29 
SEC. 191. Original Jurisdiction. - The heads of departments, agencies, bureaus 
30 
and instrumentalities of the national government, constitutional offices, the proper 
31 
disciplining authority of state universities and colleges, government-owned and -controlled 
32 
corporations with original charters or created under special laws, and local government 
33 
units shall have original jurisdiction to investigate and decide disciplinary cases against 
34 
their subordinate public officers and employees. 
35 
66 


1 
They shall also retain original jurisdiction over public officers and employees who 
2 
are already separated from the service but who, while still in the service committed an 
3 
offense. 
4 
5 
SEC. 192. Original Jurisdictioll of Bureau or Department-wide, Regional Office 
6 
Head. - The heads of bureaus or department-wide regional offices shall have disciplinary 
7 
jurisdiction over offenses committed by their subordinate public officers and employees. 
8 
9 
SEC. 193. Original Jurisdiction of the Commission. - The Commission shall have 
10 
exclusive administrative disciplinary jurisdiction over its public officers and employees. It 
11 
shall have concurrent original discipl\uary jurisdiction over public officers and employees 
12 
of the departments, agencies, bureaus, state universities and colleges, government-owned 
13 
and -controlled corporations with original charters or created under special laws, and local 
14 
government units. 
IS 
16 
IN DISCIPLINARY CASES WHERE AGENCIES HAVE ORIGINAL AND 
17 
CONCURRENT JURISDICTION, THE 
AGENCY 
WHICH 
FIRST 
TAKE 
18 
COGNIZANCE OF THE CASE SHALL EXCLUDE THE OTHERS. 
19 
20 
The Commission may, motu proprio, initiate the investigation and filing of 
21 
administrative charges against public officers and employees who violate the provisions of 
22 
this Code and other pertinent civil service laws, rules and regulations. For this purpose; the 
23 
Commission shall.conduct fact-finding investigations and require through the issuance of 
24 
subpoena duces tecum and similar processes the production of [government] re'cords 
25 
necessary to resolve the case. 
26 
27 
Any person who impersonates another in civil service examinations, sells civil 
28 
service application or examination forms, misrepresents material facts, or commit any 
29 
other fraudulent acts which adversely affect the integrity of civil service examinations, but 
30 
who at the time of the commission of any of the aforementioned acts is not employed in 
31 
the government, shall likewise be under exclusive original jurisdiction of the Commission. 
32 
Such person may be perpetually banned from takmg government examinations and from 
33 
entering the government service, without prejudice to criminal prosecution. 
34 
35 
67 


2 
3 
4 
Chapter Three. Procedure in Disciplinary Cases 
SEC.194. Commencement of Administrative Proceedings and Answer. 
5 
(a) Administrative proceedings may be commenced motu proprio against a subordinate 
6 
public officer or employee by the proper disciplining authority or head of 
7 
department or agency or upon a sworn written complaint of any other person. The 
8 
complaint shall be accompanied by sworn statements covering the charges and 
9 
those of the witnesses together with documentary evidence, if any. 
10 
(b) On the basis of the sworn written complaint and supporting papers filed by any 
11 
other person, the disciplining authority shall require the person complained of to 
12 
explain why no administrative case should be filed. If the disciplining authority 
13 
does not find a prima facie case, the complaint shall be dismissed; otherwise, a 
14 
formal charge shall be issued in accordance with the provisions of this Code. The 
15 
respondent shall be furnished with copies of the complaint, sworn statements and 
16 
other documents submitted. 
17 
(c) In administrative proceedings initiated by the disciplining authority or head of a 
18 
department or agency, the formal charge shall be issued only after the disciplining 
19 
authority finds a prima facie case in accordance with the provisions of this Code 
20 
OR WHEN THE DISCIPLINING AUTHORITY HAS PERSONALLY 
21 
OBSERVED 
OR 
HAS 
DIRECT 
PERSONAL 
KNOWLEDGE 
OR 
22 
ACTUALLY CAUGHT TH,E OFFENDER IN THE ACT OF COMMITTING 
23 
THE ADMINISTRATIVE OFFENSE. 
24 
25 
SEC. 195. Issuance of a Formal Charge. - The formal charge shall state the 
26 
specifications of the offense and shall require the respondent to submit an answer in 
27 
writing and under oath together with supporting sworn statements covering his/her defense 
28 
and those of witnesses together with the documentary evidence, if any. The respondent 
29 
shall be allowed at least seventy-two (72) hours but not more than five (5) days from 
30 
receipt of the formal charge to submit an answer and the affidavits of the witnesses, if any, 
31 
and shall be informed of his/her right to counsel and to indicate whether or not he/she 
32 
elects a fOlmal investigation. In cases when the respondent submits a request for. 
33 
clarification, a bill of particulars or a motion to dismiss which are obviously designed to 
34 
delay the administrative proceedings, the same shall be considered as answer. 
35 
68 


, • 
SEC. 196. Formal Investigation. -
2 
3 
(a) lfthe respondent has elected a fOlmal investigation, the disciplining authority or the 
4 
duly authorized representative shall conduct the fonnal investigation with a notice 
5 
issued within five (5) days from receipt ofthe answer. 
6 
(b) Complainant and respondent may avail themselves of the services of counsel and 
7 
may require the attendance of wilnesses by subpoena ad testificandum and the 
• 
8 
production of documentary evidence tlu'ough the compulsory process of subpoena 
9 
duces tecum. 
10 
(c) Even if the respondent does not request a formal investigation, such investigation 
II 
shall be conducted when, on the basis of the allegations in the complaint and the 
12 
answer of the respondent, including supporting documents, the merits of the case 
13 
cannot be decided judiciously without conducting such investigation. 
14 
(d) The formal investigation shall be commenced not earlier than five (5) days nor later 
15 
than ten (10) days from receipt of the respondent's answer. The investigation shall 
16 
be conducted to ascertain the truth without strictly adhering to technical rules 
17 
applicable to judicial proceedings. Hearings shall be continuously held and the 
18 
investigation tenninated, if possible, within ten (10) days from its commencement, 
19 
especially for grave offenses, unless the period is extended by the disciplining 
20 
authority in meritorious cases. 
21 
(e) The direct evidence for the complainant and the respondent shall consist of the 
22 
sworn statements and documenls submitted in support of the complaint or answer, 
23 
as the case may be, without prejudice to the presentation of additional evidence 
24 
deemed necessary but was unavailable al the time of the filing of the complaint or 
25 
answer, upon which cross-examination by the respondent and the complainant, 
26 
respectively, shall be based. 
27 
28 
SEC. 197. Report of Investigation and Records of Case. - The hearing officer 
29 
shall submit to the disciplining authority the report of investigation within ten (10) days 
30 
from the termination of the investigation. The report shall contain the findings and 
31 
recommendations together with the complete record of the case which shall be properly 
32 
and securely bound, all pages numbered consecutively, and with a table of contents. 
33 
34 
SEC. 198. Decision. - The proper disciplining authority shall render a decision 
35 
within the period and in the form and content as provided for in this Code. 
69 


2 
SEC. 199. Preventive Suspension. - Notwithstanding any provision of law to the 
3 
contrary, the proper disciplining authority may preventively suspend a respondent formally 
4 
charged with dishonesty, oppression, grave misconduct, gross neglect in the performance 
5 
of duty, if there are reasons to believe that respondent is guilty of the charges which would 
6 
warrant removal from office and that there is a great probability that the continuance in 
7 
office of the respondent could influence the witnesses or pose a threat to the safety and 
8 
integrity of the records and other evidence. In no case shall preventive suspension exceed 
9 
ninety (90) days or last for the duration of the investigation, whichever is shorter. 
10 
II 
SEC. 
200. 
Lifting of Preventive 
Suspension 
Pending Administrative 
12 
Investigation. - When the administrative case against the respondent under preventive 
13 
suspension is not decided by the disciplining authority within the period of ninety (90) 
14 
days after the date of suspension, the respondent shall be automatically reinstated in the 
15 
service; Provided, that when the delay in the disposition of the case is due to the fault, 
16 
negligence or petition of the respondent, the period of delay shall not be included in 
17 
computing the period of suspension herein provided. 
18 
19 
SEC. 201. Implementing Regulations. - To ensure fair, expeditious and effective 
20 
disposition of administrative cases, the Commission shall promulgate and prescribe 
21 
uniform rules in the conduct of administrative investigations. 
22 
23 
Chapter Four. Decision 
24 
25 
SEC. 202. When to Render Decision. - The proper disciplining authority 
26 
exercising original jurisdiction and those exercising appellate jurisdiction shall render their 
27 
decisions within sixty (60) days from the date of the submission of the case for decision. 
28 
29 
SEC. 203. Form and Content of Decision. - The decision, properly designated as 
30 
such and under the signature of the proper disciplining authority, shall contain the charge, 
31 
the name of the respondent, the position and office of the respondent, a brief statement of 
32 
the material and relevant facts, findings, offense committed and the penalty imposed; 
33 
34 
SEC. 204. Service of Decision. -
70 


1 
(a) A copy of the decision shall be served on the complainant and the respondent 
2 
through their respective counsel, if any, within five (5) days from its promulgation. 
3 
(b) Disciplining authorities shall furnish their superiors with a copy of the decision 
• 
4 
within five (5) days from the date of its promulgation. 
5 
6 
SEC. 205. Finality of Decision. -
7 
(a) Without prejudice to the power of review by the Commission, and its powers to 
8 
decide cases on appeal as provided for in this Code, the decisions of the heads of 
9 
departments, agencies, and instrumentalities of the National Government and the 
10 
disciplining authority of state universities and colleges, government-owned and -
II 
controlled corporations with original charters or created under special laws, local 
12 
government units shall be final and executory, if the penalty imposed is suspension 
13 
of not more than thirty (30) working days or a fine of not more than thirty (30) 
14 
working days' pay. 
15 
(b) Without prejudice to the power of review by the Commission and its powers to 
16 
decide cases on appeal provided for in this Code, the decision of the head of the 
17 
bureau or department-wide regional office shall be final and executory, if the 
18 
penalty imposed is suspension of not more than thirty (30) working days or,a fine 
19 
of not more than thirty (30) working days' pay. 
20 
(c) The decision in a disciplinary case becomes final upon expiration of the period 
21 
within which to file a motion for reconsideration and no such motion is filed. 
22 
23 
SEC. 206. Execution of Decision. -
24 
(a) The decisions of heads of agencies and other disciplining authorities shall be 
25 
immediately executory upon receipt of a copy thereof by the parties concerned, 
26 
even pending appeal. 
27 
(b) Decisions of the disciplining authority in disciplinary cases shall be immediately 
28 
executory unless a motion for reconsideration is seasonably filed, in which case the 
29 
execution of the decisions shall be held in abeyance pending resolution of the 
30 
motion. 
31 
(c) The filing and pendency of a petition for certiorari with the Supreme Court shall 
32 
not stop the immediate execution of the decision of the Commission, unless the 
33 
Court issues a restraining order or a writ of preliminary injunction. For this 
34 
purpose, no other Courts can issue a temporary restraining order or a writ of 
35 
preliminary injunction against the Commission. 
71 


1 
2 
Chapter Five. Administrative Penalties 
3 
4 
SEC. 207. Penalties That May Be Imposed. - Heads of departments and agencies 
5 
and other disciplining authorities may impose the penalty of reprimand or censure, fine in 
6 
an amount not exceeding six (6) months' salary, suspension without pay for not more than 
7 
one (I) year, demotion in rank or pay, or dismissal from the service. 
8 
9 
SEC. 208. Imposition of Penalties. -
10 
11 
(a) In meting out punishment, the same penalties shall be imposed for similar offenses 
12 
and only one (1) penalty shall be imposed in each case. In the imposition of these 
13 
penalties, the disciplining authority shall take into consideration the circumstances 
14 
which may exonerate the respondent from any liability, mitigate or aggravate the 
15 
offense. 
16 
(b) In the imposition of the proper penalties, the administrative offenses or causes for 
17 
disciplinary action mentioned in this Code shall be categorized into light, less 
18 
grave, and grave. 
19 
(c) The Commission shall promUlgate rules and regulations on the classification of 
20 
administrative offenses into light, less grave and grave and shall prescribe the 
21 
corresponding principal and accessory penalties SUCH AS CANCELLATION 
22 
OF 
ELIGIBILITY, 
FORFEITURE 
OF 
RETIREMENT 
BENEFITS, 
23 
DISQUALIFICATION 
FROM 
EMPLOYMENT, 
REINSTATEMENT, 
24 
REEMPLOYMENT, OR PROMOTION, AND BAR FROM TAKING CIVIL 
25 
SERVICE EXAMINATIONS. 
26 
27 
SEC. 209. Effect of Administrative Penalties. - The penalty of dismissal shall 
28 
result in the separation of the respondent from the service. Dismissal shall carry with it the 
29 
cancellation of civil service eligibilities, forfeiture of retirement benefits, and 
30 
disqualification from employment in the govemment whether appointive or elective and 
31 
disqualification to run for any public office even ifthe case is pending on appeal. . 
32 
33 
Although decisions imposing the penalty of dismissal are immediately executory, 
, 
34 
no permanent appointment pending appeal shall be issued to replace the dismissed 
72 


employee. In the interest of the service, however, designation may be resorted to until the 
2 
case is resolved with finality. 
3 
4 
The penalties of demotion, suspension and fine shall disqualify the respondent from 
5 
receiving certain benefits or from promotion for a period based on the gravity of the 
6 
penalty imposed in accordance with the rules prescribed by the Commission. 
7 
8 
9 
SEC. 210. Effect of Death on Pending Cases. - Pending disciplinary cases shall be 
10 
deemed terminated upon the death of the respondent EXCEPT WHEN EXPRESSLY 
II 
REQUESTED BY THE HEIRS OF THE RESPONDENT. [without prejudice to civil 
12 
action that may be instituted by the government except when the proceedings have been 
13 
concluded and the case is ready for decision, or when the administrative case involves 
14 
misappropriation of public funds and property or other grave offenses. The same shall be 
15 
decided for the sole purpose of determining whether the heirs of the respondent are 
16 
entitled to monetary benefits arising out of his employment. 
17 
18 
SEC. 211. Effect of Exoneration and Other Penalties. - Upon exoneration, the 
19 
respondent shall be restored to his/her former position without loss of seniority and other 
20 
rights or to a comparable or equivalent position in case of reorganization. He/she shall also 
21 
be entitled to payment of back salaries and other benefits for a period not exceeding five 
22 
(5) years including the period of preventive suspension, IF ANY. 
23 
24 
Chapter Six. Administrative Remedies 
25 
26 
SEC. 212. Appeal. -
27 
28 
Who May Appeal. Only the party adversely affected by the decision, may file an 
29 
appeal. However, when there are very strong reasons, as determined by the Commission, to 
30 
believe that the complainant is a victim of injustice, he/she may also be allowed to appeal 
31 
to the Commission. 
32 
33 
Requirements for Appeal. -
34 
73 


• 
, 
1 
(a) Unless a motion for reconsideration as seasonably filed, the appeal shall be filed 
2 
with the proper authority within fifteen (15) days from receipt of the decision, 
3 
together with a notice of appeal to the disciplining authority who rendered the 
4 
decision. 
5 
(b) The appeal shall state the appellant's date of receipt of the decision and the date of 
6 
the resolution on the motion for reconsideration, if any, together with the grounds 
7 
for appeal and the arguments in support thereof. 
8 
9 
SEC. 213. Where To Appeal. - The appellant may appeal to the following: 
10 
(a) In case of decisions rendered by heads of departments, agencies, state universities 
11 
and colleges, provinces, cit\es and municipalities and instrumentalities of the 
12 
national govemment and the disciplining authority of govemment-owned or -
13 
controlled corporations with original charters, where the penalty imposed is 
14 
suspension of more than thirty (30) working days or a fine equivalent to more than 
15 
thirty (30) working days' salary, the appeal shall be brought before the 
16 
Commission; and 
17 
(b) In case of decisions of the head of bureaus or department-wide regional offices, the 
18 
appeal shall initially be made to the department secretary and then to the 
19 
Commission if the penalty imposed is suspension of more than thirty (30) working 
20 
days or fine equivalent to more than thirty (30) working days' salary. 
21 
22 
SEC. 214. Motion for Reconsideration. - A motion for reconsideration may be 
23 
filed during the period for filing an appeal on the following grounds: 
24 
(a) Newly discovered evidence which could materially affect the decision rendered; 
25 
(b) The decision is not supported by the evidence on record; or 
26 
(c) Errors of law or irregularities. have been committed prejudicial to the interest of 
27 
either party. 
28 
Only one (l) motion for reconsideration shall be entertained. 
29 
A motion for reconsideration shall suspend the running of the period for appeal. 
30 
The motion for reconsideration shall be resolved within thirty (30) days from receipt 
31 
thereof. 
32 
33 
SEC. 215. Remand of Cases Due to Lack of Due Process. - If the case on appeal 
34 
with the Commission' is remanded to the proper disciplining authority for further 
35 
investigation due to lack of due process, the said disciplining authority shall finish the 
74 


• 
investigation within three (3) calendar months fi'om the date of receipt of the records from 
2 
the Commission, unless the investigation is delayed due to the fault, negligence or petition 
3 
0 r the respondent, or an extension is granted by the Commission in meritorious cases. The 
4 
period of delay shall not be included in the computation of the prescribed period. 
5 
6 
Within fifteen (15) days from the termination of the investigation, the disciplining 
7 
authority shall render its decision. If a( (he end of said period, the disciplining authority 
8 
fai Is to decide the case, the Commission shall vacate and set aside the appealed decision 
9 
and declare the respondent exonerated of the charge. If the respondent is under preventive 
10 
suspension, he/she shall be immediately reinstated and shall be entitled to back salaries and 
II 
other benefits. 
12 
13 
SEC. 216. Petition for Review. - Pursuant to this Code, the Commission may 
14 
review decisions rendered by its regional offices and other disciplining authorities 
IS 
dismissing a complaint for lack of a prima facie case, subject to rules and regulations the 
16 
Commission may prescribe. 
17 
18 
SEC. 217. Removal of Administrative Penalties or Disabilities. -
Upon 
19 
recommendation of the Commission, the President may commute or remove administrative 
20 
penalties or disabilities imposed upon public officers or employees in disciplinary cases, 
21 
subject to such tenns and conditions as he/she may impose in the interest of the service. 
22 
23 
24 
25 
26 
Title II - Prohihitions 
Chapter One. Limitation on Appointments 
27 
SEC. 218. Appointment of Elective Officers. - Except as provided for in the 
28 
Constitution, no elective officer shall be eligible for appointment or designation in any 
29 
capacity to any public office or position during his I her tenure. 
30 
31 
SEC. 219. Candidate Who Lost in an Election. - No candidate who lost in any 
32 
elec(ion shall, within one (1) year after such election, be appointed in any capacity to any 
33 
office in the government or any state university and college, government-owned and -
34 
controlled corporations with original charters or created under special laws, local 
75 


• 
1 
government units. Neither can they be hired within the same period as consultants or under 
2 
contracts of service/job orders in said entities. 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
SEC. 220. Resignation Before Election. - A person who resigned from the service 
within three (3) months before any election and [directly or indirectly] engaged in any 
political activity shall not be eligible for REEMPLOYMENT [reappointment or 
reinstatement] in the government during the six (6)-month period following such election. 
• 
SEC. 221. Prohibition Against Holding Another Office or Employment. - Unless 
otherwise allowed by law or by the primary functions of the position, no appointive officer 
shall hold any other office or employment in the government or any subdivision, agency or 
instrumentality thereof, state universities and colleges, government-owned and -controlled 
corporations with original charters or created under special laws, AND local government 
units [, including entities and corporations sequestered by the government]. 
16 
SEC. 222. Prohibition During Election Period. - No appointment, whether 
17 
original, transfer, reemployment, reappointment, renewal, promotion and demotion, 
18 
regardless of status, except in the case of reinstatement, shall be issued ninety (90) days 
19 
before any national or local election except barangay and sangguniang kabataan elections 
20 
and until the assumption of the newly-elected or reelected appointing officer,. No 
21 
consultancy, job order or contract of service shall also be entered into during the said 
22 
period. However, in the exigency of the service and subject to the authority by the 
23 
Commission, the appointing authority may issue appointments after the election and until 
24 
the assumption of the newly elected or reelected appointing officer provided the following 
25 
concur: 
26 
(a) A vacancy occurred during the prohibited period; 
27 
(b) There is need to fill up the vacancy immediately in order not to prejudice public 
28 
service and/or endanger public safety; 
29 
(c) The appointee is qualified; 
30 
(d) The appointment has gone through the usual requirements like publication, regular 
31 
screening by the Personnel Selection Board and concurrence by the Sanggunian, as 
32 
the case may be. 
33 
34 
All appointments issued before the prohibited period shall take effect immediately, 
35 
notwithstanding any provisions in the appointment to the contrary and the appointee shall 
76 


• 
I 
assume the position within thirty (30) days from issuance thereof. Failure of the appointee 
2 
to assume the position within said period shall make the appointment ineffective. 
3 
4 
SEC. 223. Prohibition Against Appointments by an Outgoing Appointing 
5 
Authority. - No appointment in national OR LOCAL agencies, state universities and 
6 
colleges, government-owned and -controlled corporations with original charters or created 
7 
under special laws shall be made by any outgoing appointing authority within three (3) 
8 
months before the end of his/her term of office or retirement. This prohibition shall also 
9 
apply to outgoing appointing authorities who have previously manifested their intention to 
10 
resign from office. In which case, the prohibition shall commence from the date of formal 
II 
manifestation to resign but shall not be more than three (3) months from the effective date 
12 
of resignation. 
13 
14 
However, in the exigency of the service, interim appointments may be issued which 
15 
shall not exceed three (3) months from the time the appointing authority ceases to hold 
16 
office. This prohibition shall embrace all kinds of appointments whether original, transfer, 
17 
reemployment, reappointment, renewal, casual, contractual promotion, or demotion, 
IS 
regardless of status. 
19 
20 
SEC. 224. Prohibition Against Appointment OJ A Person Who Is a Permanent 
21 
Resident Or Immigrant OJ A Foreign COllntry Or A Green Card Holder. -
NO 
22 
APPOINTMENT 
IN 
NATIONAL 
AGENCIES, 
STATE 
CONTROLLED 
23 
CORPORATION, AND LOCAL GOVERNMENT UNITS SHALL BE ISSUED TO 
24 
A PERSON WHO IS A PERMANENT RESIDENT OR IMMIGRANT; OF A 
25 
FOREIGN COUNTRY, UNLESS IT IS SHOWN BY CLEAR EVIDENCE THAT 
26 
HE/SHE HAS MADE AN IRREVOCABLE WAIVER OF HIS/HER STATUS AS A 
27 
PERMANENT RESIDENT OR IMMIGRANT OF A FOREIGN COUNTRY 
2S 
BEFORE 
SUCH 
APPOINTMENT. 
UNIVERSITIES 
AND 
COLLEGES, 
29 
GOVERNMENT-OWNED OR NO APPOINTMENT SHALL LIKEWISE BE 
30 
ISSUED TO A GREEN CARD HOLDER UNLESS IT IS SHOWN BY CLEAR 
31 
EVIDENCE THAT HE/SHE HAS MADE AN IRREVOCABLE WAIVER OF THAT 
32 
STATUS OR THAT HE/SHE HAS SURRENDERED HIS GREEN CARD TO THE 
33 
APPROPRIATE U.S. AUTHORITIES. 
34 
77 


1 
SEC. 225. PROHIBITION AGAINST Supervision by Non-career personnel. -
2 
Subject to the rules to be promulgated by the Commission, no consultant, contractual or 
3 
non-career personnel shall be designated to any position exercising control and supervision 
• 
4 
over regular and career personnel in the government. 
5 
6 
SEC. 226. PROHIBITION AGAINST CONTRACTING of REGULAR 
7 
FUNCTIONS [Service). - [A person neither shall issued a contract of service shall not 
8 
discharge duties pertaining to a career or non-career service position Or and neither shall 
9 
an institution perform any of the regular flmction of the contracting agency. TJ 
10 
PROVIDED, HOWEVER, THAT the agency may[, however,] enter into a contract of 
11 
service to undertake NON-REGULAR FUNCTIONS [a lump sum work} or SUPPORT 
12 
services for the government for a specific period where no employer-employee relationship 
13 
exists between the individual or the institution and the government SUBJECT TO THE 
14 
RULES AND REGULATIONS PROMULGATED BY THE COMMISSION. 
15 
16 
SEC. 227. Ecclesiastic. - No priest, preacher, minister, or other religious teacher, 
17 
or dignitary as such, shall be employed in the civil service system except when such priest, 
18 
preacher, minister, or dignitary is assigned to the Armed Forces of the Philippines, the 
19 
Philippine National Police or to any' penal or correctional institution, or any government 
20 
orphanage or leprosarium. 
21 
22 
SEC 228. Nepotism . . The act of issuing an appointment in the national, or in any 
23 
branch or instrumentality thereof, or in state uuiversities and colleges, government-owned 
24 
and -controlled corporations with original charters or created under special laws, local 
25 
government units to a person who is related within the third (3rd) civil degree of 
26 
consanguinity or affinity to the appointing or recommending authority, the chief of bureau 
27 
or office, or of the person exercising immediate supervision over himmer, is .hereby 
28 
prohibited. 
29 
30 
The filling-up of the following positions is exempt from the operation of the law 
31 
(a) Primarily confidential; 
32 
(b) HIGHLY TECHNICAL; 
33 
(e) POLICY-DETERMINING; AND 
34 
(d) Teacher and professorial staff. 
35 
(e) Physician; and 
78 


• 
1 
(f) Scientist.] 
2 
3 
The term 'teacher' shall and rules on nepotism: refer only to those actually 
4 
performing classroom instructions in both public elementary. and secondary schools. 
5 
'Professorial staff shall denote members of the faculty INCLUDING INSTRUCTORS of 
6 
state universities or colleges primarily engaged In academic activities such as teaching in 
7 
the tertiary level, research and curriculum development, among others. The designation of 
8 
professorial staff to non-professorial/non-academic positions shall not be covered by this 
9 
exemption. 
10 
11 
The restrictions mentioned in this Section shall not be applicable to a member of 
12 
any family, who, after appointment to any position in an office or bureau, contracts 
13 
marriage with another employee in the same office or bureau, or those who were affected 
14 
by reorganization in which event the employment or retention therein of both husband and 
15 
wife may be allowed. 
16 
17 
The prohibition shall not also apply in case of promotion if the person to. be 
18 
promoted occupies a career and next-in-rank position, or to those devolved to local 
19 
government units or who were affected by reorganization or to any member of a personnel 
20 
selection board. 
21 
22 
Chapter Two. Other Prohibitions 
23 
24 
SEC. 229. Political ActiJiity. - No public officer or employee in the civil service 
25 
system holding a non-political position shall engage, directly or indirectly, in any 
26 
electioneering or partisan political campaign or take part in any election except to vote, nor 
27 
shall use official authority or influence to coerce the political activity of any person or 
28 
body. Nothing herein provided shall be understood to prevent any public officer or 
29 
employee from expressing views on current political problems or issues, or from 
30 
mentioning the names of candidates for public office whom he/she supports; Provided, that 
31 
public officers and employees holding political offices may take part in political and 
32 
electoral activities but it shall be unlawful for them to solicit contributions from, or ~ubject 
33 
their subordinates to commit any of the prohibited acts under the Election Code. 
34 
79 


In this regard, membership in any political party shall be considered as engaging in 
2 
partisan political activity. 
3 
4 
SEC. 230. Appointment of Military Personnel in the Civil Service System. - It 
5 
shall be unlawful for any member of AFP in the active service to be appointed or 
6 
designated in any capacity to any civilian position in the government, state universities and 
7 
colleges, government-owned and -controlled corporations with original charters or created 
8 
under special laws, local government units. 
9 
10 
SEC. 231. Additional or Double Compensation. - No elective or appointive public 
11 
officer or employee shall receive additional, double, or indirect compensation, unless 
12 
specifically authorized by law, nor accept any present, emolument, office, or title of any 
13 
kind from any foreign government unless allowed by law. Pensions, gratuities or honoraria 
14 
shall not be considered as additional, double or indirect compensation. 
15 
16 
SEC. 232. Detail or Reassignment. - Except when the exigencies of the service 
17 
require, no public officer or employee of the government shall be detailed or reassigned 
18 
three (3) months before any local or national election. 
19 
20 
SEC. 233. Courtesy Resignation. - It shall be unlawful for any public officer, 
21 
elective or appointive, to require public officers and employees within his/her jurisdiction 
22 
to submit courtesy resignations for whatever reason or purpose. 
23 
24 
SEC. 234. Appointment and/or Transfer of Officers and Employees of Oversight 
25 
Agencies. Unless allowed by the Commission in meritorious cases, heads of oversight 
26 
agencies and their staff are prohibited from trans felTing or being appointed to any position 
27 
in the department/agency/office/local government unit which his/her unit is assigned or 
28 
designated to oversee within one (1) year after termination of such assignment or 
29 
designation. 
30 
31 
32 
33 
34 
35 
BOOK VI. MISCELLANEOUS PROVISIONS 
Title I - Termination of Employment 
Chapter One. Modes of Termination 
80 


• 
1 
SEC. 235. Modes of Termination of EMPLOYMENT. - The following are modes 
2 
of tenninating employment in the government: 
3 
4 
(a) Resignation - A public officer or employee shall be considered separated from the 
5 
service effective on the date of acceptance of the resignation by the officer 
6 
authorized to do so OR THIRTY (30) DAYS FROM THE SUBMISSION 
7 
THEREOF. 
8 
(b) Candidacy - An appointive public officer or employee shall be ipso facto separated 
9 
from the service on the date of filing of the certificate of candidacy for an elective 
10 
position. 
11 
(c) Death - Upon proof of deathl the public officer or employee shall automatically be 
12 
recorded as separated from the service. 
13 
(d) Permanent Disability - In case of pennanent disability which shall render the 
14 
public officer or employee incapable of perfol111ing the official duties, the 
15 
department or agency head may tel111inate such public officer or employee. 
16 
(e) Expiration of Period of Employment - The services of a public officer or employee 
17 
appointed for a fixed period, or for a specific project or whose appointment ARE 
18 
[is] cotel111inous with the appointing officer shall be tel111inated upon the expiration 
19 
of the period of employment, completion of the project, or at the end of the tel111 of 
20 
the appointing officer, unless otherwise earlier validly separated. 
21 
(f) Dropped from the Service - A public officer or employee who goes on leave 
22 
without proper authority or fails to return to duty after the expiration of the 
23 
authorized leave, without valid reasons, and for other grounds under existing rules, 
24 
shall be dropped from the service in accordance with the regulations promulgated 
25 
by the Commission. 
26 
(g) Conviction - The services of the public officer and employee shall be considered 
27 
tel111inated upon conviction by final judgment of a crime where the penalty catTies 
28 
with it the accessory penalty of perpetual or temporary absolute or special 
29 
disqualification to hold public office. 
30 
(h) Retirement - Any public officer or employee who reaches the compulsory 
31 
retirement age and meets the service requirement shall be retired under the 
32 
provisions ofthe Retirement Law, unless his/her services ARE [is] extended by the 
33 
Commission in accordance with its rules and regulations. Optional retirement 
34 
pursuant to law likewise tel111inates official relations. 
81 


I 
(i) Expiration of Temporary Appointment - The servIces of a public officer or 
2 
employee with temporary appointment shall automatically be terminated upon the 
3 
expiration of the appointment. 
4 
(j) Disapproval of Appointment - The services of a public officer or employee ARE 
5 
[is] considered terminated upon the final disapproval of the appointment by the 
6 
Commission. 
7 
8 
SEC. 236. Reduction in Force. - The head of a department or agency may reduce its 
9 
staff due to lack of work or funds or due to a change in the scope or nature of an agency's 
10 
program, or as a result ofreorganization, subject to the rules and regulations which the 
II 
Commission shall prescribe. 
12 
13 
14 
15 
Title II - SANCTIONS AND LIABILITIES 
Chapter One. LIABILITIES 
16 
SEC. 237. Liability of Appointing Authority. - No person employed in the civil 
17 
service system in willful violation of this Code shall be entitled to receive pay from the 
18 
government. The appointing authority responsible for such unlawful employment shall be 
19 
personally liable for the pay that would have accrued had the employment been lawful. 
20 
LIKEWISE, THE COMMISSION OFFICIALS OR EMPLOYEES WHO CAUSED 
21 
THE APPROVAL OF SUCH UNLAWFUL EMPLOYMENT AND WAS PROVEN 
22 
TO 
HAVE 
CONNIVED 
OR 
CONSPIRED 
WITH 
THE 
APPOINTING 
23 
AUTHORITY SHALL BE PERSONALLY LIABLE FOR THE PAY THAT 
24 
WOULD HAVE ACCRUED THEREOF HAD THE EMPLOYMENT BEEN 
25 
LAWFUL. 
26 
27 
THE DISBURSING PUBLIC OFFICERS SHALL MAKE PAYMENT .TO 
28 
THE EMPLOYEES OF SUCH AMOUNT FROM THE SALARY OF THE PUBLIC 
29 
OFFICERS OR EMPLOYEES SO LIABLE. 
30 
31 
SEC. 238. Liability of Disbursing Public officers. - Except as may otherwise be 
32 
provided by law, it shall be unlawful for a treasurer or other fiscal public officer or 
33 
employee to deduct any amount for contributions or payment of obligations other than 
34 
those due to the government or its instrumentalities. 
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SEC. 239. Criminal Liability.· - Whoever makes any appointment or employs any 
person in willful violation of any provision of this Code or the rules and regulations issued 
thereunder; or whoever commits fraud, deceit or intentional misrepresentation of material 
facts concerning any civil service matter; or whoever violates, refuses or neglects to 
comply with any final decision or order of the Commission, shall, upon conviction, be 
punished by a fine not exceeding Ten Thousand Pesos (PIO, 000,000) or by imprisonment 
of not less than three (3) years nor more than five (5) years or both at the discretion of the 
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court. 
The same penalty of fine or imprisonment or both as provided above and 
permanent disqualification from holding public office shall be imposed upon any 
appointing authority who willfully violates any of the provisions of this Code including 
failure to abide by the rules promulgated by the Commission or to implement a 
Commission reappointment order. 
Title III - Fees and Au thority to Administer Oaths 
Chapter One. COLLECTION OF FEES 
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SEC. 240. Authority to Collect Fees. - The Commission may collect and charge 
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fees for civil service examinations, certification of civil service ratings, service records, 
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appeals in disciplinary and non-disciplinary cases, training courses, seminars and 
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workshops in personnel management, 311d for services rendered on other civil service 
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matters. For this purpose, the Commission shall prescribe standard and reasonable rates for 
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such examination, certifications, training courses, seminars and workshops and other 
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activities or services, the fees for which are not provided by law or regulation. No fees 
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shall be collected in examinations given for the selection of scholars. 
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Chapter Two. Authority of Public Officers to Administer Oaths, Take 
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Testimony, and Prosecute Cases in Court 
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SEC. 241. Who May Administer Oaths. - The Chairperson and Members of the 
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Commission, public officers occupy.ing third level positions and other public officers and 
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employees of the Commission and other departments or agencies designated in writing by 
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the Chairperson, may administer oaths as may be necessary in a transaction of an official 
2 
business and take a testimony in connection with any authorized investigation. 
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4 
Title IV - Fiscal Autonomy and Use of Appropriations and Income 
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Chapter One. Fiscal Autonomy 
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7 
SEC. 242. Fiscal Autonomy. - The Commission shall enjoy fiscal autouomy. It 
8 
shall determine the amount of its <umual budget requirements for its operating expenses, 
9 
and capital outlays which shall be proposed to Congress in accordance with existing 
10 
budget laws. Its approved annual appropriations shall be automatically and regularly 
11 
released in full. 
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The Commission shall have the flexibility to utilize its appropriations, and its 
13 
income, for operating and capital expenses, acquisition, supplies, repairs and maintenance 
14 
of office equipment and facilities sulject to the provision oflaw. 
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Chapter Two. Authority to Use Appropriations and Income 
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SEC. 243. Authority to Use, Appropriations and Income. ~ The Commission is 
19 
hereby authorized to use such sums appropriated in the annual appropriations act, 
20 
including all balances of existing certifications, to accounts payable of prior years which 
21 
have not yet been reverted to unappropriated surplus, within a period of two (2) years, as 
22 
are necessary to carry out the provisions of this Code. The Commission is also authorized 
23 
to augment any item in its appropriations from savings actually released for any official 
24 
purpose at its discretion. 
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The Commission is further imthorized to directly use its income derived from fees, 
26 
cost for services it may assess and levy, and such other proceeds generated in the 
27 
performance of its functions for its operating expenses, for personnel and organizational 
28 
development as well as acquisition, repair and maintenance of office equipment, facilities 
29 
and supplies. 
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Title V - Transitory Provisions 
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33 
SEC. 244. Abolished Offices. - All Commission public officers and employees 
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whose offices are abolished by virtue of the provisions of this Code shall be absorbed in 
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the central, regional and field offices of the Commission with no diminution of status, rank 
2 
and salary. 
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4 
SEC. 245. Vested Rights. - Except as otherwise provided in this Code, rights 
5 
vested or acquired under the provIsions of the Civil Service Law, rules and regulations and 
6 
any other Act prior to the effectivity of this Code shall be respected. 
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Title VI - Final Provisions 
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10 
SEC. 246. Fu11ding. - Funds needed to carry out the provisions of this Code shall 
11 
be taken from funds available in the Commission or in (he absence or insufficiency thereof, 
12 
.from any lump sum appropriations to be included in the annual General Appropriations 
13 
Act. The appropriation shall cover the operating expenses of the Commission including the 
14 
salaries, allowances and other emoluments of all its public officers and employees in its 
15 
central, regional and field offices and for its projects and activities, subject to the 
16 
accounting of such expenditures. 
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SEC. 247. Implementing Rules and Regulations. - The Commission shall 
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promulgate rules and regulations and set guidelines and standards to implement the 
20 
provisions of this Code which shall become effective thirty (30) days after its publication 
21 
in a national newspaper of general circulation. 
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SEC. 248. Repealing Claus e.- Republic Act No. 2260, Republic Act No. 6040, 
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Presidential Decree No. 807, Presidential Decree No.1, Presidential Decree No. 1409/ 
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Executive Order No. 135, series of 1987, Executive Order No. 180 and Book V, Title 1, 
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Subtitle A on the Civil Service Commission of Executive Order No. 292, series of 1987, 
27 
and Section 2 ofRA 6758 are hereby repealed. Section 24 ofRA 6770, Sections 77, 79 and 
28 
85 ofRA 7160, Section 1 ofRA 8190 and Section 21 ofRA 8551, are hereby amended or 
29 
modified accordingly; and all laws, decrees, orders, circulars, rules and regulations or any 
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part thereof which are contrary to or inconsistent with any provision of this Code are 
31 
hereby repealed or modified accordingly. 
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33 
SEC. 249. Supplemental Applications. - The Rules of Court shall have 
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supplemental application to this Code. 
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SEC. 250. Separability. - If any provision of this Code or its application to any 
2 
person or circumstances is declared invalid, such declaration shall not affect the other 
3 
provisions ofthis Code. 
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5 
SEC. 251. Construction ill Favor of Employees. -
All doubts in the 
6 
implementation and interpretation of the provisions of this Code including its 
7 
implementing rules and regulations shall be resolved in favor of employees. 
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SEC. 252. Effectivity. - This Code shall take effect thirty (30) days following its 
10 
publication in (he Official Gazette or in a national newspaper of general circulation 
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Approved, 
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