Republic of "ne Philippines
HOUSE OF REPRESENTATIVES
Quezon City Metro Manila

NINETEENT4 CONGRESS
First Reg: tar Session

House Bil No. 32

Introduced by Representatives Ron P. Salo

EXPLANA TORY NOTE

The Philippine Government is the -ountry's largest employer. According to the
Civil Service Commission data in 2017 the government employs over 2.4 million
people. More than 1.5 million of these em; ‘oyees are career service personnel, almost
200,000 comprise the non-career servic? personnel, and the rest - covering over
660,000 - were hired as contractual or ca-ual workers.

The employees hired on a contrac ual. casual, or job order basis are not given
their full entitlements, as prescribed b law, because they do not possess the
necessary eligibility in order to be qualifie-i for regular status in the government

The private sector has been pushiog for the prohibition of “Endo”, or so-called
“5-5-5” Under the Labor Code, an employ +e becomes regularized after six (6) months,
unless employed under a specific hiring =3reement, as allowed by law. However. this
has not been the case for government 2mployees. With over 660,000 employees
under contractual, casual or job order sta-us, it would appear that the biggest violator
of this basic employee right to be reguiar -ed is the government itself

If the employee in the government as been continuously rehired or have their
contract renewed consecutively for a period of three (3) years or more, or been re-
hired for at least five (5) years even ‘f not continuous, it can be presumed that the
employee has been performing functi-ns that are necessary and desirable in
furtherance of the government's mandate

The 1987 Philippine Constitutior explicitly provides that the State must
endeavor to protect the security of tenure of each employee, which provision applies
to both in the public and the private secto'. Itis imperative upon Congress to craft the
necessary legislation in order to protect t's constitutional right

In this Bill, itis proposed that empic yees in the government without Civil Service
Eligibility, who have rendered at least Aree (3) years of continuous government
service, or at least five (5) years of non~ ontinuous service, and whose appointment
status is either contractual, casual or job « rder. shall be granted Civil Service Eligibility
that will qualify them for regular appoint ent in their current position, consistent with
the aforementioned constitutional manda’e.

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This legisiative measure will provic= these employees with all the entitlements,
as prescribed by law, and give them se: urity of tenure. This will enhance their job
motivation, allow them to focus on their jobs. and become even more productive
Ultimately, their regularization will redoun ‘ to the benefit of the public.

In view of the foregoing, the appro’ al of this bill is urgently sought.

a

RON P. SALO
KABAYAN Partylist

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Republic of 'e Philippines
HOUSE OF REPRESENTATIVES
Quezon City Metro Manila

NINETEENT4 CONGRESS
First Reg: lar Session

House Bit No. 921

Introduced by Representatives Ron P. Salo

AN ACT
GRANTING CIVIL SERVICE ELIGIBILITY TO THOSE WHO HAVE RENDERED AT
LEAST THREE CONSECUTIVE YEARS OF GOVERNMENT SERVICE, OR AT
LEAST FIVE NON-CONSECUTIVE YEARS, WHOSE APPOINTMENT STATUS IS
EITHER CONTRACTUAL, CASUAL, OF JOB ORDER.

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

SECTION 1. Short Title. - This act shall be known as the “Automatic Civil
Service Eligibility Act.”

SEC. 2. Automatic Civil Service Eligibility. — Employees in the government
without Civil Service Eligibility that have rendered at least three (3) consecutive years
of service, or at least five (5) non-conse vutive years of service, whose appointment
status is either contractual, casual, or job »rder, shail be granted Civil Service Eligibility
that will qualify them for regular appoint’ ent in their current position; Provided, that
they shall be able to meet the performa ice evaluation standards formulated by the
Civil Service Commission in order for t1em to be eligible to avail of the privilege
granted by this Act; Provided further, thet if they are granted Civil Service Eligibility,
they shall not be entitled to any promotio’ unless they obtain the appropriate eligibility
requirement for the higher position; Pro ided finaily, that the office where they are
currently assigned and the Department «f Budget and Management shall create the
necessary plantilla position where the jrantee of Civil Service Eligibility shall be
considered

SEC. 3. Civil Service Performance Evaluation Standards. - The Civil
Service Commission shall formulate the Performance Evaluation Standards that the
‘employee needs to pass in order for ther to be eligible to avail of the privilege granted
by this Act

SEC. 4, Implementing Rules anc Regulations. — Within ninety (90) days from
the effectivity of this Act, the Civil Service Commission and the Department of Budget
and Management shall issue the impementing Rules and Regulations for the
immediate implementation of this Act.

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SEC. 5, Separability Clause. - !i any provision of this Act is declared invalid
or unconstitutional, the remaining parts o: provisions not affected shall remain valid

SEC. 6. Repealing Clause. - All ats, executive orders, administrative orders,
proclamations. rules and regulations or oarts thereof inconsistent with any of the
provisions of this Act are hereby repealec or modified accordingly.

SEC. 7. Effectivity. - This Act -hall take effect fifteen (15) days after its
publication in the Official Gazette or in tw: (2) newspapers of general circulation

Approved.