EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
SENATE
S. No.2432
iu:Cv.
*21 OCT 11 P3'-06
/'
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
AMENDING SECTION 9, BOOK V, TITLE 1, SUBTITLE CHAPTER 2 OF 
EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE 
ADMINISTRATIVE CODE OF 1987
EXPLANATORY NOTE
Section 1, Article XI of the 1987 Constitution provides that "[p]ublic office is a 
public trust. Public officers and employees must, at all times, be accountable to the 
people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act 
with patriotism and justice, and lead modest lives."
Moreover, Section 2, Article IX(B) of the Constitution also provides that "the 
civil service embraces all branches, subdivisions, instrumentalities, and agencies of the 
Government, including government-owned or controlled corporations with original 
charters," and that "[ajppointments in the civil service shall be made only according 
to merit and fitness to be determined, as far as practicable, and, except to positions 
which are policy-determining, primarily confidential, or highly technical, by competitive 
examination."


The series of hearings conducted by the Senate Blue Ribbon Committee has 
brought to light the President's broad authority to select his advisors, whether 
through formal roles on advisory committees or as informal advisors directly 
reporting to the President, with littie to no checks on the extent of their influence, 
whether ethics or regulatory, under the law.
In order to implement the constitutional provisions on appointments in the 
civil service and accountability of public officers, and in order to realize the State 
policy that appointments in the civil service shall be made only according to merit 
and fitness, and that public office is a public trust and public officers and employees 
must at all times be accountable to the people, this bill seeks to amend Section 9, 
Book V, Title I, Subtitle A, Chapter 2 of Executive Order No. 292, or the 
Administrative Code of 1987, to include all government consultants and advisors in 
the coverage and scope of the civil service as non-career service public officers.
In the light of the foregoing, the passage of the bill is earnestly sought.
FR^NCI^"TOL" N. TOLENTINO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
)
SENATE 
S. No. 2432
'21 nCT 11 P3:07
T
/
/
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
AMENDING SECTION 9, BOOK V, TITLE 1, SUBTITLE A, CHAPTER 2 OF 
EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE 
ADMINISTRATIVE CODE OF 1987
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Section 9, Book V, Title I, Subtitle A, Chapter 2 of Executive Order
2 
No. 292, otherwise known as the Administrative Code of 1987, is hereby amended to
3 
read as follows:
4 
"Sec. 9. Non-Career Service. — The Non-Career Service shall be characterized
5 
by (1) entrance on bases other than those of the usual tests of merit and fitness
6 
utilized for the career service; and (2) tenure which is limited to a period
7 
specified by law, or which is coterminous with that of the appointing authority
8 
or subject to his pleasure, or which is limited to the duration of a particular
9 
project for which purpose employment was made.
10 
"The non-career service shall include:
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"(1) Elective officials and their personal or confidential staff;
12 
"(2) Secretaries and other officials of Cabinet rank who hold their positions at
13 
the pleasure of the President and their personal or confidential staff(s);


1 
"(3) Chairman and members of commissions and boards with fixed terms of
2 
office and their personai or confidentiai staff;
3 
"(4) Contractuai personnei or those whose empioyment in the government is
4 
in accordance with a speciai contract to undertake a specific work or job,
5 
requiring speciai or technicai skiils not avaiiabie in the empioying agency, to be
6 
accompiished within a specific period, which in no case shaii exceed one year,
7 
and performs or accompiishes the specific work or job, under his own
8 
responsibiiity with a minimum of direction and supervision from the hiring
9 
agency; and
10 
"(5) Emergency and seasonai personnei; AND
11 
"(6) GOVERNMENT CONSULTANTS AND ADVISORS."
12 
Section 2. Separabiiity Cause. - If any part hereof is heid invaiid or
13 
unconstitutionai, the remainder of the provision not otherwise affected shaii remain
14 
vaiid and subsisting.
15 
Section 3. Repeaiing Ciause. - Any iaw, presidentiai decree or issuance,
16 
executive order, ietter of instruction, administrative order, ruie, or reguiation contrary
17 
to or inconsistent with this Act is hereby repeaied, modified, or amended accordingiy.
18 
Section 4. Effectivity Ciause. - This Act shaii take effect fifteen (15) days from
19 
its pubiication in the Officiai Gazette or in at least two (2) new papers of general
20 
circulation.
Approved,