Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H.B.No._390

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA.

EXPLANATORY NOTE
Former Senate President Senator Neptali A. Gonzales once said:

“Congress, particularly the Senate, has become a great and strong
institution of representative democracy. Because of the broad national mandate
granted by the Constitution to Congress, if becomes the task of the Secretariat

of both Houses to give their unqualified and professional support to senators
and congressmen.”

This bill seeks to create and maintain a pool of strong, dedicated and competent public
servants in the field of legislation to ensure that our elected Senators and congressmen are
provided the much-needed administrative and technical support to carry out their roles in a
representative democracy.

The establishment of a Legislative Career Service would allow the admission and
training of competent and qualified civil servants in Congress. There is no doubt that the
functions of Congress have gone beyond that of plenary work. Committee hearings and
legislative inquires have to be conducted on various socio-economic and political issues that
confront our nation. Legislative research, bill drafting and administrative management have to
be undertaken to complement the lawmaking duties of our legislators. The role of the
Secretariat as a support system in the Congress, therefore, becomes unique and specialized
Thus, the qualification standards of legislative personnel are specific and must conform not only
to the Civil Service rules but also to parliamentary rules, precedents, practices, and traditions,

This proposed measure likewise seeks the creation of a Legislative Career Service
Board to ensure the recruitment and training of a service-wide pool of properly selected and
development-oriented legislative corps and devises a retirement scheme for all officers and
employees in the Legislative Career Service.

Now is the time to acknowledge, through this bill, the men and women behind the work
of the senators and representatives of the people if only for heir untiring support and dedication
to this great political institution. | therefore seek the support of this Body for the approval of this,
measure.

FE

JUAN eplean aan * M. ANGARA

Representative
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

390

H. B. No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
STRENGTHENING AND RATIONALIZING THE CAREER SERVICE
OF THE CONGRESS OF THE PHILIPPINES BY ESTABLISHING A LEGISLATIVE
CAREER SERVICE, PROVIDING BENEFITS FOR ITS OFFICERS AND
EMPLOYEES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

SECTION 1. Legislative Career Service. There shall be established a Legislative
Career Service for Congress composed of the following:

(a) The Legislative Career Service Officers (LCSO) -to include the positions of the
Deputy Secretary of the Senate, Deputy Secretary General of the House of
Representatives, Deputy Secretary of the Commission on Appointments, and their
equivalents, Executive Director, Bureau Director, Assistant Bureau Director, Service

Chief, down to Director | Level, and equivalent levels which involve professional and
technical work in a supervisory capacity;

(b) The Legislative Career Service Employees (LCS€) - to include Legislative Staff
Officer positions which involve professional and technical work in a non-supervisory
capacity;

(c) The Legislative Sub-career Service (LSCS) - to include Legislative Staff Assistant
Employee positions which involve clerical, trades, crafts and custodial services in a
non-supervisory capacity.

SEC. 2. Coverage. The Legislative Career Service (LCS) shall include the officers and
employees of the Senate, the House of Representatives and the Commission on Appointments.

SEC. 3. Objective. It is the purpose of this measure to professionalize, upgrade and
strengthen the work force of the Legislative Department to ensure that Congress and its
Members shall be provided with qualified, efficient and effective legislative, administrative and
security support services. Towards this end, a continuing pool of competent and development

oriented legislative career service officers and employees shall be established and maintained.

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SEC. 4. Legislative Career Service Board. There shall be a Legislative Career
Service Board hereinafter referred to as the Board, to be composed of the Secretary of the
Senate and the Secretary General of the House, as Co-Chairmen; one (1) Career Official to be
designated by the President of the Senate, one (1) Career Official to be designated by the
Speaker of the House, and the Chairman of the Civil Service Commission. The two (2) Career
Officials for both Houses shall serve for a term of three (3) years.

SEC. 5. Functions of the Board. The Board shall:

(a) Determine and evaluate the qualification of the applicants for LCSO positions;
(b) Prepare the examination questions for LCSO po:

ions and conduct the examination,
correct and rate examination papers in coordination with the Civil Service
Commission and submit the results to the President of the Senate and Speaker of
the House;

(c) Conduct an annual review of the qualifications of LCSO and recommend deserving
officers for appointment to the rank of LCSO;

(d) Establish and conduct a performance evaluation system for LCSOs;

(e) Keep a roster of those who have passed the LCSO examinations; and

(f) Perform such other functions as may be assigned by the President of the Senate or
the Speaker of the House pursuant to its mandate.

SEC. 6. Legislative Career Service Officers (LCSO) Eligibility. LCSO eligibility shall
be conferred by the Board to any person who meets such managerial and legislative experience
and competence, leadership qualities and other relevant qualifications, and passes the
examination prescribed by the Board.

The examination shall consist of two stages: (a) Legislative/management aptitude test
and (b) Assessment of managerial capability and competence. Those who pass the managerial
assessment will be subject to a validation process involving their superiors in order to ascertain
their on-the-job performance.

Successful completion of the managerial assessment and favorable results of the
validation process and a final interview by the Board shall qualify the candidate for the grant of
LCSO eligibility.

‘Any incumbent officer or employee who is a Career Executive Service (CES) eligible
prior to the effectivity of this Act shall automatically be conferred LCSO eligibility.

SEC. 7. Qualification Requirements. An applicant for LCSO eligibility must possess
the following qualifications:

(a) A Bachelor's degree;

(b) Not be over fifty-five (55) years of age;

(c) Must be a citizen of the Philippines; and

(d) Must not have been convicted by a court of competent jurisdiction of a

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crime involving moral aptitude.

SEC. 8. Appointments. Appointments to appropriate positions in the Legislative Career
Service shall be made by the President of the Senate, the Speaker of the House of
Representatives or the Chairman of the Commission on Appointments, as the case may be.

No person shall be eligible for appointment to any position in the Legislative Career
Service unless he/she meets the qualification standards approved by the Legislative Career

Service Board (LCSB) which shall at least be at par with the standards set by the Civil Service
Commission.

SEC. 9. Incumbents. Upon approval of this Act, an incumbent, or an employee officially
discharging the duties, of a regular career position herein classified as an LCSO position shall
be accorded LCSO eligibility and shall enjoy security of tenure.

SEC. 10. Retirement Benefits. Retirement shall be compulsory for an officer or
employee in the Legislative Career Service upon reaching the age of sixty-five (65) years:
Provided, That he/she has rendered at least fifteen (15) years of service in the government,
three (3) years of which have been continuously rendered in the Legislative Department. If
he/she has rendered less than fifteen (15) years of service, he/she shall be allowed to continue
in Service up to. a maximum of one (1) year, subject to Civil Service rules and regulations.

Upon compulsory retirement, an officer or employee shall be entitled to a monthly
pension for the duration of his/her natural life equivalent to the salary of the incumbent of the
position he was retired from and a lump sum gratuity of five (5) years or sixty (60) months
multiplied by two (2) months salary plus the highest monthly aggregate of transportation, living
and representation allowances received at the time of retirement.

An officer or employee who has reached the age of sixty (60) years with at least Fifteen
(15) years of service in government, the last three (3) years of which have been continuously
rendered in the Legislative Department, may opt to retire under the compulsory retirement plan:
Provided, That he/she shall be entitled to a monthly pension only upon the lapse of five (5)
years from retirement.

Likewise an incumbent who has availed of any prior optional retirement plan and has an
accumulated thirty (30) years of service in government, three (3) years of which have been
continuously rendered in the Legislative Department, shall be given full credit for services
rendered by him/her prior to his/her reinstatement and shall receive the full benefits granted
under this Act if he/she retires under the compulsory retirement plan: Provided, That he/she
refunds all pensions and retirement benefits previously received.

All pension benefits of retired officers and employees of the Legislative Department shall
be automatically increased whenever there is an increase in the salary of the same position
from which helshe retired.

Except for the retirement benefits granted herein, officials and employees of the
Legislative Career Service shall remain covered by the compulsory life insurance program of the
Government Service Insurance System (GSIS), and shall therefore be entitled to and may avail

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of GSIS benefits: Provided, That the corresponding personal and employer share for the life
insurance coverage is paid and remitted.

SEC. 11. Survivovship Bénefits. Upon the death of an officer or employee who has
been retired, his/ her surviving spouse and surviving legitimate minor children shall receive in
equal shares seventy percent (70%) of the monthly retirement pay which he/she has been
receiving at the time of his/her death Provided, That no payment under this Section shall be
made fo the surviving spouse who remarries.

SEC. 12. Optional Retirement. An officer or employee, who has rendered an
accumulated twenty (20) years of government service, the last three (3) years of which have
been continuously rendered in the Legislative Department, may choose to retire from the
service under the optional retirement plan subject to the approval of the President of the Senate
or the Speaker of the House of Representatives, as the case may be.

Incumbents who have rendered at least ten (10) years of continuous service in Congress
at the time of the adoption of this Act may likewise avail of the optional retirement. He/she shall
be entitled to receive a lump sum gratuity equivalent to two (2) months salary for every year of
service plus highest monthly aggregate of transportation, living and representation allowances
as of the date of his/her retirement.

A retiree under this Section shall not be eligible for appointment to or employment in
Congress whether on a permanent, temporary, casual or emergency status within a period of
three (3) years after retirement. An officer or employee who has been separated from the
service shall be given full credit for services rendered by him prior to his reinstatement for
purposes of determining his/ her retirement or separation benefits under this Ad: Provided, That
he/she refunds all pensions and retirement benefits previously received.

An officer or employee who shall retire under the compulsory or optional retirement plan
shall be entitled to a refund of GSIS personal contributions and the corresponding share of the
government with interest earned. Likewise, all retiring officers and employees shall be entitled to
the commutation of unused vacation and sick leave in accordance with existing rules and
regulations.

SEC. 13. Separation Benefits. When an officer or employee is permanently
incapacitated to discharge the duties of his/her office, or dies while in the service or is otherwise
separated from the service for reasons beyond his/her control and who is not qualified far
retirement under Section 10 hereof, he/she or his/her heirs shall be paid a lump sum equivalent
to two (2) months salary for every year of service, computed on the basis of the last monthly
salary plus the highest monthly aggregate of transportation, living and representation
allowances which he was receiving on the date of his incapacity, death or separation from the
service. The Secretary of the Senate shall properly certify this, the Secretary General of the
House of Representatives or the Secretary of the Commission on Appointments, as the case

may be.


SEC. 14. Suspension/Deprivation of Benefits. Benefits due under this Act to any
officer or employee shall be withheld if the officer or employee has unliquidated accounts or any
pending administrative, criminal or civil case connected with his or her position. If the officer or
employee is found guilty, all benefits shall be forfeited; otherwise, the benefit shall be paid in full
plus interest as soon as the officer or employee is cleared of all charges.

SEC. 15. Retirement Benefits of the Secretary of the Senate, the Secretary General
of the House of Representatives, the Sergeant-at-Arms of both Houses, The Secretary
and the Sergeant-at-Arms of the Commission on Appointments, and Co-Terminus
Employees. The Secretary of the Senate, the Secretary General of the House of
Representatives, the Sergeant-at-Arms of both Houses, the Secretary and the Sergeant-at-
Arms of the Commission on Appointments, and co-terminus staff of the Members of Congress
and of the Commission on Appointments, with at least fifteen (15) years of service in the
government, the last three (3) years of which have been continuously rendered in the Senate,
the House of Representatives or the Commission on Appointments, may avail of the retirement

and separation benefits subject to the conditions provided under Sections 10, 11,12, and 13
hereof.

SEC. 16. Enforcement of Retirement Benefits. The Senate of the Philippines, the
House of Representatives and the Commission on Appointments, or their successors shall take
charge of the enforcement and operation of retirement benefits under this Act and no officer or
employee of Congress shall be entitled to receive any gratuity or pension herein provided for
unless from the month following the approval of this Act, in case of an actual incumbent, or from
the month following his/her appointment and qualification as such, in case of a future
appointment, he/she shall have contributed to the retirement funds, by paying a monthly
contribution equivalent to ten percent (10%) of his/her basic monthly salary, three percent (3%)
shall be allotted for insurance premium and seven percent (7%) for retirement, with employer
counterpart of twelve percent (12%). The retirement fund shall be held in trust by the
Government Service Insurance System which fund shall be made available for the payment of
the benefits under this Act. In case of deficiency in the fund, the deficiency shall be paid out of
the appropriation of either the Senate of the Philippines, the House of Representatives and the
Commission on Appointments, or their successors.

The President of the Senate and/or Speaker of the House of Representatives may avail
of management and technical assistance of the GSIS or enter into an agreement concerning the
administration and operation of the retirement funds of their respective Houses. They may jointly
or separately, authorize the GSIS or any other government financing institution to invest the
investible amounts of the said retirement funds in accordance with existing laws and sound and

prudent investment policies and practices.

SEC. 17. Implementing Rules and Regulations. Upon the recommendation of the
Secretary of the Senate and the Secretary General of the House of Representatives, the

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President of the Senate and the Speaker of the House of Representatives, shall jointly
promulgate such rules and regulations for the proper implementation of this Act.

SEC. 18. Appropriations. The amount needed to carry out the initial implementation of
this Act shall be charged against the current year's Appropriations for the Organizations
‘Adjustment Fund and Miscellaneous Benefits Fund. Thereafter, such sums as may be
necessary for its continued implementation shall be included in the annual General
Appropriations Act.

SEC. 19. Separability Clause. -Any portion or provision of this Act that may be declared
unconstitutional shall not have the effect of nullifying other portions or provisions thereof as long
as such remaining portions can still subsist and be given effect in their entirety.

SEC. 20. Repealing Clause. -All laws, orders, decrees, rules and regulations, and other
issuances, or parts ‘thereof, inconsistent herewith, are hereby repealed or modified accordingly.

SEC, 21. Effectivity. -This Act shall take effect after fifteen (15) days following its
publication in two (2) national newspapers of general circulation.

Approved,