EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES =)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

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Introduced by Representative Rufus 8. Rodriguez

2846

House Bill No.

EXPLANATORY NOTE

This bill seaks to codify all jaws and relevant issuances governing the cWvil service into
single, comprehensive statute, The goal is to finally have an ultimate legal authoniy an the Philippine
Civil Service System.

The Civil Service traces Its history to the ancient Middle Eastern River evilizations and to
China which established an effective and centralizes civil service. The Chinese civil service system
Gave the Chinese Empire stability for over 2,000 years. li has serves as m model for the civil service
Systems in many countries. the Philippines included,

‘Over the years, the Philippine Civil Service evolved through the passage of laws by
Congress, Execuitve issuances and rules and regulations issued by the Civil Service Commission
The last major piece of tagislation dealing with the Civil Service was Executive Order 292, the
Administrative Code of 1987

Sadly, the pieces of Ingislation governing the Philippine Civil Service ramain scattored in
different laws, cecrees, and letters of instructions and oxecutive orders. The absence of @
comprahensive civil service iaw has sometimes caused confusion among civil servants, to say the
leas:. Many laws overlap and some have become obsolete.

‘There is an uigent need to update and gather all civil service and related iaws to address the
‘ever changing needs of the times

Hence, this proposed Civil Service Code seek to address deeply rooted pinblems besetting
the puhlic service such as graft and corruption, red-tape, violations of goveunment employee rights
and the merit system, among other things.

Tha immediate passage of this bill is earnestly requested

i


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES =)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Tniraduced by Representative Rufus 8. Rodriguez

House Bill No._ 2846

AN ACT

ESTABLISHING A CIVIL SERVICE CODE OF THE PHILIPPINES AND FOR OTHER PURPOSES:

Be it enacted by the Senate and House of Representatives of the Republic of the Philppines in
Congress assembled.

BOOK|. GENERAL PRINCIPLES

Title | - Policies on Civil Service System

Chapter 4
Dectaration of Policy

SECTION 1, Short Title. - This Act shall be known as the “Civil Service Code of the Phitopines”

Sec. 2. Declaration of Policy. —

(a) The state recognizes the primary and enduring role of the civil service system in
implementing the laws, managing public affairs, and ensuring the delivery of public
services.

(b) The state shall orovide the enabling environment that will promote its integrity,
independence, productivity and excellence,

(c) itis the policy of the State to promote the Constitutional mandate that:

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‘Appointments in the civil service system shall be made only on the principle of
merit and fitness;

Public office being a public trust. public officers and employees must be
‘accountable to the people and five the principles of utmost responsibiity. integrity,
loyaity, efficiency, patriotism, justice and modesty in serving the people:
Employment opportunities in the civil service system shall be equally available te
all qualified citizens:

No public officer and employee shall be disciplined, suspended or dismissed
except for cause and after observing due process of law, or for non-diseiplinary
causes;

The Civil Service Commission, being the central personnel agency of the
government, shall administer the civil service system and provide policies ond
guidelines cn the recruitment and selection. utlization, training and discipline of
public officers and employees;

The tight to self-organization, collective negotiation and peaceful concerted
activities, including the right to strike am accordance with the provisions of this
code, shall be guaranteed ant respected;

Equal pay far work of equal value shali be guaranteed: and

Aclions on personnel matters shall be dacentralized, with the different
departments and other offices er agencies of the govammment delegating to their
regional offices or other similar units, powers and functions.

Chapter 2
Definitions of Terms

Src. 3. Terms Defined. - With reference to the civil service system and as used in this Code, the
following terms shall be construed to mean as follows.


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‘Agency refers to any department, bureau, office, commission, adminstraton, poard:
soernatee, institute, governmentowned of —contolied corparation with origina
Charter, slate university and college, and local government unit

ppointing authorty refers to the person or body atthorized by law to make
‘appointments In the civil service system.

sepointment refers to the document issued by tne apeeinting authorty alowing the
sipointoe to eccupy the position stated therein and to perform its functions and
ae eos the correspending compensation. It could also refer to the selection by the
ppointing authority of an individual who is to exercise the functions of the postion
ere Execute Service (CES) refers to the strong, stable, competent. wolltralnes
Gnd Righly motivated corps of career public managers that will provide effective
support fo national development.

CESB refers to the Career Execulive Service Board.

Carer Executive Service Otficer (CESO) refers to a person whe has been conferred
a CES rank

Chairperson refers te the Chaitman of the Civil Service Commission

Gini senice refers to persons amployed to carry out public services, ‘nal branches,
Ggencies, subdivisions and Instrumentaliies of government, including government,
aoe ond -contiolled corporations wilh original charters or created under speciel
Taws, local government units, and state universities and colleges.

‘Guil service eligible refers to a person who passed a chil service examination or Is
ranted civt service eligillty by law oF by the Civil Service Commission.

Sal service system refers to the policies, regulations, procadures. practices and
‘ethics that govern the manner in which laws are executed and implemented, public
Gifairs are managed and pudlic services are delivered in all branches, agencies.
subdivisions and instrumentaliies. of government, government-owned and -controlied
corporations with original charters of created under special laws, local government
Units, state universities and colleges.

Class refers to all positions in the civil service system that are sufficiently similar as fo
Guiles and rasponsibilties and require similar qualifications that can be glven the
Same tile and salary and for all administrative and compensation purposes, be
treated alike.

Commission refers to the Civil Service Commission,

Commissioner refers to either of the two (2) other members of the Commission
Consultant refers to the person engaged under a consultancy contract by teason of
Gapertige nol readily available from career personnel, to perform highly specialized
functions for a short duration, with a definite output, having no employer-ermployee
telation with the contracting agency.

Department refers to any of the departments in the Executive branch, Congress, the
Judiciary ans any of the constitutional commissions.

Discipining authority refers to the person of body authorized to suspend, dismiss oF
discipline public officers and employees in the civil service system

Eligibility toters to the qualification acquired by an indwvidual after passing 3 ev!
Service examination or granted by law or by the commission, for entrance into and
promotion in the career service

Employee refers to any person employed in the civil service system of whatever
category or class up to division chief level.

Employee organization refers to any employee organization, union, association.
federation, confederation, society or alliance duly registered in accordance with the
provisions of this Code.

Examination refers to the test conducled by the Commission or any agency
authorized by law for the purpose of determining merit and fitness fer appointment in
the civil service system.

Grievance refers to an employee's compiaint regarding working conditions, working
relationships or employment status.

'Snevance procedure refers to the mechanisms of resolving employee grievances and
compiaints.

faghiy technical position refers to a position which requires the occupant to possess
‘Skil oF training in a supreme er superior degree, like thal of a scientist



Sec. 4.

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Job order refers to a contract of service of individuals o groups paid under 2 lump
Jum appropriation for a shert duration having no employer-empioyee retation with the
government

Ment system refers to an organized mechanism by which the selection, utization,
Compensatian, ‘raining. retention and discipline of employees in the service are
govamed by comparative merit and achievement.

Personnel action refers to any movement of personnel in the civil service system.
Polity determining postion refers to a position which vests in the occupant the power
to formulate polleles for the government of any of its agencies. subdivisions, or
instrumentalities, ke thal of a member of the cabinet

Position refers lo a job tile with a defined set of duties and responsibilities to be
performed by an individual either on fulltime or part-time basis.

Primarily confidential position refers to 2 position where the occupant enjays more
than the ordinary confidence of the appointing power bul bears such close intimacy
which relieves the latter from misgivings of betrayal of personal trust on confidential
matters. like that of a private secretary.

Pablic officers as distinguished from employees, refer to those whose functions are
managerial or executive in nature anc abave the division chief jevol invested by law
with a portion of the sovereignty of the state.

Qualifeation standards refer to the minimum requirements for 4 class of position
expressed in terms of education, training, experiance. civil service eligibility, physical
fitness and other qualities required by the job.

Ronk-and-fie refers to employees occupying positions in the first and second levels.
Reorganization raters to the process of restructuring an agency s organizational and
functional set-up with the view of making it more economical, effective, efficient and
responsive to the needs of the public.

Soio parent 1eters to any individual who falls uncer any of the categories os
enumerated in R.A. 8972, otherwise known as the Solo Parents Welfare Act of
2000.

Strike, for purposes of this code, refers to @ conceried action of an accredited
‘employee organization which will result in temporary work stoppage without total
disruption of public service.

Chapter 3
Rights and Obligations of Public Officers and
‘Employees in the Civil Service System

- Public officers and employces in the civil service system shall have the right (0:
Security of tenure;

Exercise the authority attendant to their positions;

Enjoy leave, welfare, retirarnent and other benefits and services

Self-oiganization or to form and join unions, associations, federations, confederations
oF societies for purposes not contrary to law;

For rank-and-file employees of accredited organizations to collectively negotiate for
terms and conditions of employment in accordance with existing faws and the right to
engage in a strike in accordance with the provisions of this code: and

Enjoy such other rights provided by law.

Obligations. - Public officers and employees in the civil service system shall

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Uphola and defend the Constitution and laws af the Republic of the Philippines;
Tako and subscribe to an oath before assumption of office:

Be accountable al all times te the people, and sarve them with utmost responsibilty,
integrity, loyalty and efficioney, act with petriotism and justice and lead modest tives
Gischarge their duties faithfully and maintain the required lave! of productivity of thelr
positions for the benefit of the public’

Submit upon assumption to duty and as often as ray be prescribed by law, 9 sworn
statement of assets, liabilities and net worth and disclosure of business interests and
financial transactions:



(1) Identity and disclose, to the best of their knowledge, their relatives in government: in
the manner and frequency as may be prescribed by law, rules and regulations; and
fg) __ Undertake programs of self-development to improve thelr performance and levels of

sevice,
Title Il - Scope of the Civil Service System
Chapter 4
Positions in the Civil Service System
Sec. 6. Coverage. - The chil service system embraces alt branches, wgencies. subxlvisions and

see O cntaities of government, state universities and colleges, government-owned and -contralled
Corporations with original charters or created under special laws, and local government units

Sec. 7, Administration of the Civil Service System. - As the central personnel agency of the
government, the Commission. shall establish a career service, administer the civil service sysiern
Sort measures to promote morale, efficiency, competency, integnily, honesty, responsiveness,
progressiveness, courtesy and gender sensitivity, strengthen the meilt and rewards syste intagrate
vihuman resource development programs for all lovals and ranks therein and institutionalize 3
management climate thal promates yooe working conditions and public accountabilty.

kc, 8, Categories of Positions. - Positions in the civil service system shall be categorized Hs
career and non-career.

Sec. 9. The Career Service. - The career service shall be characterized by (a) entranoo based on
seit and these to be determined, as far as practicable, by competitive examinations or on highly
Teehnieal qualifications, (6) opportunity for advancement to higher career positions; and (c) security of
Panic tieh is. also based! on performance, mechanics of which shall be formulated by the
Commission.

Sec, 10. Positions Included in the Career Service. - Posttions in the career service include the
following
(a) Opan career positions - appointment to which requires quatification in an appropriate
‘examination or other modes in accordance with law:
(b) Closed carcer positions ~ positions that are scientific or highly technical in nature,
which maintain their own merit systems, such as the following:
("Faculty and academic staff of state universities and collages or scientific an
technical positions in scientific or research institutions;
(2) Career Executive Service:
(3) Career officers, other than those in the career executive service, who are
appointed by the President, such as the foreign service officers in the
Deparment of Foreign Aifais, the judges and justices in the Judiciary and
the prosecutors in the prosecution services:
(4) Uniformed and comvrissioned personnel cl the Philippine National Police:
(o) Permanent laborer, whether skiled, semi-skilled, or unskilled,

= Positions in the career service shall be

Sec. 11. Classes of Positions in the Career Servic
grouiped as fellows

fa) First Level - includes clerical, rades, crafts and custodial positions whether in a non:

supervisory or supervisory capacity;

(e) Second Level - includes. professional, highly technical, sctontific or other highly
Specialized positions in a supervisory of non-supervisory capacity requiring at least a
baccalaureate dagree or its equivalent as determined by the Commission: and
‘Third Level - includes the highest-level positions in the carcer service as determined
an the Position Classification and Compensation System.

Except as othermise provided in this Code, entrance to the first twa levels shall be through
competitive or spacial examinations to be given by the Commission. Entrance to the thifd level shal
be gaged on Guaification requirements prescribed by the Commission through the CES. Entrance
toa highe* level doos not requite previous qualification in the lower level.



SEC. 12, The Non-Career Service. - The non-career service shall be characterized by merit and
fitness to be determined by (a) modes other than those of the usual tests utilized for the career
service, (6) tenure which is limited to a period specified by law: (c) tenure which is coterminous with
thal of the appointing authority or subject to his/her pleasure or which is limited to the duration of 2
specific project for which purpose of employment was made; and (4) the primarily confidential nature
of the pasition

Sec. 13. Positions Included in the Non-Career Service. - The non-career service shall Include the
following:
Ya) Elective officers and their personal and primanily confidentiai staf:
tb) Department heads ancl other officers of Cabinet rank who occupy their positions at
the pleasura of the President and their persona! and primarily confidential staf
(©) Chairpersons and members of constitutional commissions and other commissions,
boards and other bodies with fixed terms of office and their personal and primarily
confidential stat
(@)_ Non-career undersecretaries and non-career assistant secretaries and thelr personal
and primarily confidential staff:
fe) Contractual personnel or those whose employment is in accordance with 3 special
contract for a maximum period of ane year to undertake @ specific work of job which
Fequies spocial knowledge and/or technical skills not available in the employing
agency:
(Those whose positions may be deciarad as personal and primarily confidential by the
Commission; and
(9) Emergency, casual and seesonal personnel.

Title II - The Civil Service Commission

Chapter 4
Composition, Duties and Functions
Sec. 14. Composition. - The Commission shall be composed of a Chairperson and two (2)
‘Commissioners.
Sec. 15. Qualifications of the Chairperson and Commissioners. - The Chairperson and

Commissioners shall be natural-bor citizens of the Philippines. and at the time of their appointment
are al least thirty-five (35) years of age with proven capacity for public administration and must not
have been candidales for any elective position in the elections immediately preceding their
appointment.

‘AS far as practicable, one of thern must be a lawyer and the composition of the Commission
must be gender balanced

Sec. 16. Terms of Office. - The Chairperson and Commissioners shali be appointed by the
President subject to confirmation by the Commission on Appointments for 2 term of seven (7) years
without reappointment. In no case shall any member be appointed or designated in a temporary or
‘acting capacity. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

Sec. 17. Compensation. - The salaries of the Chairperson and the Commissions shail be fixed by
law and shat! not be decreased during their tenure.

SEC. 18. Prohibition. - No Member of the Commission shail, during their tenure, hold any other
office or employment except when exoressly provided by law. Neither shall he/she engage in the
practice of any profession of in the active mariagement oF sontro! of any business which in any way
be affected by the functions of his/her office, nor shall he/she be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege granted by the government, any of its
subdivisions. agencies, oF instrumentalilies, including government-owned oF controlled corgorations.

See. 19, Powers and Functions of the Commission. - The Commission shall have the following
powers and functions:


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‘Administer and enforce the constitutional and statutory provisions and such other
mandatory provisions of law on the merit system for all levels and ranks in the civ
service system;

Preseribe. enforce and amend rules and regulations for camying into affect the
provisions of this Code and othar pertinent laws which shall become effective thity
(30) days from the date of publication in the Olficial Gazette or in @ national
newspaper of general circulation;

Promuigate its own tules concerning pleadings and practice before it or any of its
offices, which shall not diminish, increase or maulify substantive rights

Promuigate policies, standards and guidelines for the civil service system and adopt
plans and programs to promote ethical. efficient and effective personnel
Saministration in the government including innovative systems and mechanisms !0
ensure feedback from the public:

Formulate policies and rogulalions for the administration, maintenance and
implementation of Position Classification and Compensation system,

Render decisions, orders, opinions or rulings on civil service matters which shall be
binding on heads of departments and agencies and immediately executory and
notwithstanding any law to the contrary, may be brought only to the Supreme Court
‘on certiorari

Discipline CES members for cause after due process;

Control, supervise and coordinate civil service examinations. Any entity or public
officer 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
hot limited to, the provision cf personnel and security, the use of buildings and
facilities, as woll as the transportation of examination materials;

Grant chil service eligibility to qualified applicants based on clvii service examination
results, performance, training, education, qualifications and other similar standards,
Subject to the guidelines it may prescribe;

Preseribe 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 in the civil service system as primarily
‘confidential, highly technical or policy-determining;

Formulate, administer and evaluale programs relative to the recruitment and
selection, development and retention of a qualifiad and competent work force in the
public service, including administration, development and evaluation of training,
scholarship and retirement programs;

Resolve administrative cases and other civil service matters brought before i directly
‘of on appeal, inciuding disciplinary matters. contested appointments or personne!
Butions.. The decisions, orders or ruling of the Commission may be brought by the
‘aggrieved parly to the Supreme Court only on certiorari,

issule subpoena ad festificandum (process directing the altendance of witness) and/or
subpoena duces fecum (process directing the production of documentary evidence):
Deputize public 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:

In the exercise of its quasi-judicial functions, punish for contempt, direct and indirect,
public officers. employees and other persons for refusal of failure to comply with the
decisions, orders, rulings or processes and proceedings of the Commission:

Delegate any power or function of the Commission tu its regional or field offices
Review decisions and actions of its offices;

Enforce and execute its decisions, ordors and rulings, and for this purpose. deputize
any national of local law-enforcement agency ar instrumentality of the government
which shall act under the direct and immediate supervision of the Commission,

‘Act on all appointments and other personnel matters in the civil service system;
Inspect and ausit the personnel actions and programs of the departments. agencies,
bureaus, offices and instrumentaliies of government, state universities and colleges.
governmentowned and ~controlied corporations with original charters or created
Under special laws, local government units;



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Prescribe rules and policies on employee organizations and regulate employee-
management relations including the settlement of dispute:

Prescribe and enforce rules and regulations to promote and ensure safe, healthy and
proper working conditions for employees;

Formulate and administer programs that will foster an honest, graftiree public
service:

Reorganize or effect changes in its organization, within the fimils af its appropriations,
including the creation, merger or consolidation, spitting or division and abolition of
offices an¢ positions: and

Exercise all powers and perform the functions properly belonging to 2 central
personnel agency.

Sec. 20, Duties and Responsibilities of the Chairperson and the Commissioners. -

(a)

(b)

The Chairperson and the two Commissioners shall be responsible for the effective
exercise of the rule-making, policy-formulation and adjudicative functions of the
Gommission. They shall promote the development of a creative, productive and
competitive workforce.

The Chairperson shail be the chief executive officer and shall perform the following
functions.

G4) Execute and administer the internal policies, decisions. orders. and
resolutions approved by the Commission;

(2) Direct and supervise the operations and internal administration of the
‘Commission:

(3) Sign appointments of subordinate public officers and employees mace by the

commission and enforce decisions on administrative discipline involving
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(4) Submit the annual budget of the Commission to Congress for its approval;

(5) Transmit to the President, rules and regulations atlopted by the Commission
which require presidential attention including annual and other periodic
reports;

(6) Delegate authority, in whole or in part, to other public officers and employees:
of the Commission, in accordance with the rles and regulations of the
Commission; and

(7) Perform such other functions as may be provided by law.

Chapter 2
Organization and Structure

SEC. 21. Offices in the Commission. - The Commission shall have the following offices:

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2 of the Assistant Commissioners:

‘Commission Secretariat;

Office for Legal Affairs:

Examination, Recruitment, and Placement Office;
Personnel Policies and Standards Office:
Human Resource Development Office;

‘The Givil Service institute:

Personnel Relations Office;

Public Assistance and Information Office:
Personnel Records Management Office:

Office for Planning

Office for Financial ond Assets Management;
(m) Office for Personne! Management,

(n) Regional Offices/Field Offices: and

{o) Internal Audit Service

Sec. 22. The Office of the Assistant Commissioners. - — The Office of the Assistant
Commissioners (OACS) shall provide technical support to the Commission in the areas of research,
policy raview and program davelopment. This office shall also handle special projects and maintain
@xternal linkages as may be deemed necessary hy the Commission


‘Sec. 23. The Commission Secretariat. - The Commission Secretariat (COMSEC) shall take charge
of programming and coordinating regular and special meetings of the Commission. | Its function
Ficlides aificient information management and maintenance of all records, decisions. policies,

pronouncements and issuances of the Commission.
COMSEC shail also be the main liaison between Central Office and the Regional Offices.

This function incuides coordination of all transactions of the Central offices with the Regional offices,

Sec, 24. The Office for Legal Affairs, - This office shall provide the Commission with legal advice
2nd assistance in the exercise of its rule-making, policy-formulation, prosecution, questjudicial anc
other functions.

See 25. The Examination, Placement and Recruitment Office. - The Examination. Placement
and Recruitment Office (ERPO) shall take charge of developing, enhancing, controlling, supervising
‘and coordinating perlinent schemas in the granting of civil service eligibility such as but not limited to
aaministration of Civil Service examinations. It shall also take charge of formulating programs,
polities, standards and guidelines in the certification and placement of civil service eligibles.

SEC. 26. The Personnel Policies and Standards Office. - The Personnel Policies and Standards
Office (PPO) shall take charge of the formulation and periodic review of qualification, performance:
and promotion-standards within the context of the ment and rewards policies of the various closed
and open career systems.

it shell also develop policies, programs and ragulations relative to performance management,
‘as well as the inspection and audit of personnel mechanisms in the government agencies

it shall administer, maintain and implement the position classification & compensation system.

Sec. 27. The Human Resource Development Office. - The Human Resource Development Office
(HRDO) shall formulate, acminister and evaluate HRD programs and policies relative to the
{evelopment and retention of « qualified and competent work force in the public service. It shal also
he responsible tor the innovation and modeling of best-practiced development interventions to
enhance capacities and reinforce service values of public servants,

Sec. 28. The Civil Service Institute. - This office shail be responsible for the design and
administration of the Commission's human resource development anc training programs.

Sec. 29. The Personnel Relations Office. - The Personnel Relations Office (PRO) shall take charge
of all inter- and intra-public sector union concerns such as employee relation standards, conciliation,
registration and accreditation of unions inching advocacy work. it shall also serve as the secretariat
for the Public Sector Labor Management Council (PSLMC}, and conduct research and training on
public sector unionism, as well as design and develop public sector labor education programs,

Sec. 30. The Public Assistance and Information Office. - The Public Assistance Information
Office (PAIO) shall take charge of managing an effective information exchange system between the
Commission and its intemal and external publics. Its function includes maintaining strong linkages
with media institutions/practitioners as well as undertaking special projects, such as the CSC
anniversary celebration and the Honor Awards Program, necessary in earrying-out its dual role of
information dissemination as well as feecback generation on operations, programs ans thrusts of the
Commission.

Sec, 31. The Personnel Records Management Office. - The Personnel Records Management
Olfice (PRMO) shall farmulate and implement policies, standards and regulations pertaining to the
storage, maintenance, security control, and disposal of government personnel records ant other
feialed civil service Cocuments, Management cf such records inchides maintenance of the resource
center for computer-based information, the library, the archives, and the museum of the Commission.

PRMO shal also be responsible for the management of incoming end outgoing
communications of the Commission.

Sec. 32. The Office for Planning. - The Office for Planning (OF) shall be responsible for the
formulation, implementation and monitoring of the long-tern Strategic Plans of the Commission. It
shal provide lechnical support and assistance to the Commission on organizational planning,


10

benchmarking and research and in the development of work programs and projects of the different
Commission offices consistent with its mandate,

The Office for Planning shall also oversee the formulation and management of the information
Technology Plan that shall serve as the blueprint for the development, implementation, and
inaintenance of communication and information systems vital to the internal operations of the CSC 95
well as to the decision-making functions of the Commission.

Sec, 33, The Office for Financial and Assets Management. - The Office for Financial Assets and
Management (OFAM) shall take charge of ensuring sound fiscal and asset management consonant
with the annual, Supplemental and special budgets of the Commission as contained in the General
Appropriations Act.

Sec. 34, The Office for Personnel Management. - The Office for Personnel Management (OPM)
Shall take charge of formulating the development plan of the Commission, which includes sound
policies on personnel management in the areas of recruitment and selection. employee welfare and
discipline in the Commission.

Sec. 35. The Regional Offices/Field Offices. - The Regional Offices shill enforce Civil Service
rules, policies and standards on personnel management within their respective regional jurisdictions.
They shall provide technical advice and assistance te government offices and agencies regarding
personnel administration such as but not limited to examination and placement, career development,
appointments. fling/resolution of legal cases, audit. ana other functions delegated by the Commission.

Sec. 36, The Internal Audit Service. - The Internal Audit Service (IAS) shall oversee the periodic
evaluation of existing methods and procedures, including financial systems. in the Commission and
fn the basis of such, formulate plans and programs relative to fiscal discipline, and management
improvement and productivity of the Commission.

Chapter 3
The Career Executive Service

Sec. 37, The Career Executive Service. - A strong. stable, competent, well trained and highly
motivated corps of career public managers that will provide effective support to national development
shall constitute the Career Executive Service (CES), Entry and advancement in the CES shail be
based on merit and fitness which shall include integrity, demonstrated managerial and executive
competence, leadership and interpersonal qualities, technical expertise and other pertinent
quaifications.

‘The CES shall be gaverned by a separate merit system characterized by rank rather than
position: compensation based on rank and advancement to @ higher rank on the basis of executive
and technical expertise.

Sec. 38. Membership. - A person who meets such managerial experience, executive competence,
and other requirements prescribed by the Commission through the CESB shalt be conferred
appropriate rank and shall be included in the register of Career Executive Service Officers (CESOs)

Sec. 39. Career Executive Service Board. ~ The Career Executive Service Board (CESB) shall be
an attached agency of the Commission, {t shall be responsible for the development, :naintenance ang
administration of the Career Executive Service.

Sec. 40. Composition of the Career Executive Service Board. ~ The CESS shail be composed of
the following: the Chairperson of the Commission as Chairperson; the President of the Development
Academy of the Philippines, ex-officio member; the Dean of the University of the Phitiypines-National
College of Public Administration and Governance, ex-officio member; tho president or duly designates
representative of 4 nationwide association of career executive service officers, the president or duly
dasignated representative of a nationwide association of personnel managers; and, two (2) other
members who shall be appointed by the President of the Republic, and one of whom must be &
retired CESO, both with terms of three (3) years.

Members of the CESS shall be provided with per diems and allowances as determined by the
Commission.


4

Sec. 41, The Career Executive Service Secretariat. - The Career Executive Service Board (CESS)
Shall bo assisted by the Career Executive Service Secretarial. I! shall be headed by an Executive
Lirector anc essisted by a Deputy Executive Direclor both of whom shall he appointed by the CESB,
and shall be responsible for the implementation of the policies, rules, regulations, decisions, directives
of he CESB.

Sec. 42. Rank Classification of Members of the Career Executive Service. - Members of the
CES shall be classified according to rank based on their personal proven competence, qualifications,
broad levels of esponsibility and other relevant considerations as determined by law and rules of the
Board

Sec. 43. Conferment of Appropriate Rank in the CES. - Conterment to appropriate rank in the
CES shall be made by the President upon recommendation of the CESB. The issuance of
appointments to appropriate ranks shall be made by the department or agency heads.

SEC. 44, Personne! Mechanisms. - The CESB shall develop policies, design standards and
personne! mechanisms for the Career Executive Service.

Sec. 45. Compensation. - Mambers of the CES shall be compensated according to rank in
accordance with the CES compensation plan and shall be povided with attractive salaries, fringe
benafits and reasonable allowances to be paid by the employing agency. A CESO assigned to a CES
position shall enjoy an added premium based on his/her rank and shall be granted a higher premium
as hisihet rank increases. However, in case a CESO occupies a CES position not appropriate to
hievher rank, said officer shall receive the higher compensation. In no case shall a CESO receive
‘compensation lower than thal corresponding to the rank.

Sec. 46. Mobility. - CESOs may be assigned to any CES position

Sec. 47. CES Resource List. - The CESB shall establish a CES resource list drawn from CESOs
who may be cross-posted in various agencies to undertake special works or unique assignments
within a specified timeframe, without diminution of compensation.

The CESB shall institutionalize systems for the promotion of core values in the CES, career
development of its members, including cross-posting ané mobility

CESOs who may be involuntarily separated from their assignments shall, a far as
practicable, be given Rew assignments commensurate to their qualifications

Sec. 48, Administration of @ Compensation Plan. - the CESP shall prepare, administer and
periodically review a compensation pian for the CES. to maintain the high standard of public service
and the quality of officers in the CES.

Salaries, allowances and other benefits of CES officers shall be provided by the employing
agency al rates in accordance with the CES Compensation Plan

Sec. 49. Security of Tenure. - CESOs shall enjoy performance-based security of tenure and shall
not be removed from service except for cause and after due process.

Sec. 50. Discipline. - Investigation and adjudication of administrative complaints against members
of the CES shall be governed by the provisions of this Code,

Ste. 61. Career Undersecretary and Assistant Secretary. - Al least 50% of the total number of
positions of Undersecretary and Assistant Secretary shall be career with each tevel accordingly
represented.

‘The President shall appoint CESOs to both career and non-carear Undersecretary and
Assistanl Secretary positions.

Assignments to CES positions lower than assistant secretaries shall he made by the head of
agency or the appointing authority concemed and such shalt be subject to the approval by the
commission.

BOOK Il, PERSONNEL POLICIES AND STANDARDS:

Title I~ On Employment


12

Chapter 1
Recruitment

Sec. 52. Policy. - Recruitment in the civil service system shall be made on the basis of merit and
Miness to per‘otm the dulies and assume the responsibilities of the position, to be determined 2s far
ts practicable by competitive examination administered by the Commission Every Filpine citven
Shall have equal access to or opportunities for public service regardless of. among others, 16!

Pollet calor, sex, sexual-orientation, regional crigin ot ethnic affiliation. Measures shall be adopted te
include quslfied ‘members of indigenous cultural communities, end other minority groups and
differently-aoled persons for recruitment and selection.

Sec, §3, Kinds and Frequency of Civil Service Examinations. - Examinations may be writen, oral,
phyzleal, testimonial based on performance or skils or a combination of thase types. Examinations
Tray take into consideration experience, education, aptitude, capacity, knowledge, character, physical
fitness and other attributes of the applicant as may be determined by the Commission.

The Commission shall administer competitive examinations for all levels in the career service
and grant corresponding civil service eligibifties to passers of the same

Mie Commission shail conduct civil service examinations as offen as the exigency of the
service requires. Civil service special examinations may be conducted upon request of @ particular
Separtment or agency, subject to rules and regulations promulgated by the Commission

Sec. 54. Qualifications of Applicants to Givil Service Examinations. - Admission to civll service
‘examinations shall be limited to citizens cf the Philippines who satisfactorily mest the requirements
prascribed by the Commission.

‘Sec. 55. Rating of Examination Papers and Civil Service Eligibility. ~ Unless otherwise prescribed
by the Commission, every examinee who obtains a general rating of at least eighty (80%) percent
shall be granted civii service eligibility,

$cc, 86. Simultaneous Release of Examination Results, - The results of an examination held in
Various locations on the same date shall be released simultanecusly.

Sec. 57. Registers of Civil Service Eligibles. - The Commission shalt maintain a register of
Qualified eligibles for each category of examination actually available for appointment. The register
shall be the basis for certification and appointment in the civil service system.

Sec. 58, Bar or Board Examinations as Eligibility. - Successful examinees of bar or board
examinations requiting compietion of baccalaureate degrees or courses requiring net less than
Seventy-two (72) units of collegiate subjects or its equivalent as well 2s those registered under thelr
Tespective boards to practice their professions without examination, shall automatically be considered
Givi service eligibles. Their eligibilties shall be effective upon the release of examination results or
the date of registration, as the case may be. by the Supreme Court or the Professional Regulation
Commission

Sec. 89, Effectivity and Imprescriptibility of Civil Service Etigibitity. - Eligibiliies resulting from
civil service, bar or board examinations shall be effective on the date of the talease of examination
Fosults. Other eligibilities granted by the Commission shall be effective on the date of the grant

Civil service eligibilties shall be imprescriptible

Sec. 60. invalidation of Civil Service Examination Results. - The Commission shall have the
authority to invalidate civil service examination rests besed on statistical improbablity and other
formns of irregularity as determined by the Commission

‘Src. 641. Responsibilities in the Conduct of Examinations. - The Commission may call upon all
departments and agencies to extend the necessary support and assistance, and to make available
Such personnel, buildings. transportation, communication and such other faciltles, that may be
needed in the administration of the examinations.

SEC. 62. Printing, Storage, Transportation and Distribution of Examination Materials. - The
printing, storage, transportation and distribution of examination materials shall be under the exclusive


13

supervision and control of the Commission. The Commission shall determine and provide the
necessary security measures for this purpose.

Sec. 63, Examining Committees, Examiners and investigators. - The Commission may deputize
persons to act as members of examining committees, examiners ot investigators to perform such
duties as the Commission may require. In the performance of such duties, they shall be under the
exclusive control and supervision of the Commission. Such parsons so deputized may be given
allowances or per diem for their services to be paid out of funds allocated for the particular
examination and at a rate to be determined by the Commission. Expenses for specialized
examinations shal be allocated by the requesting department or agency.

Chapter 2
Selection and Appointment

SEC, 64, Selection Process. - Each department or agency shall evolve its own selection process in
‘accordance with standards and guidelines set by the Commission.

‘A Personnel Selection Board for al levels shali be established in each department or agency
to assist the appointing authority in the judicious evaluation and selection of personnel. The board
shall be established in accordance with standards and guidelines set by the Commission

Sec. 65. Requisites far Appointment. - Employment in the government service shall be made
through appointment in accordance with the provisions of the Constitution, this Code, other laws and
the rules and standards prescribed by the Commission.

‘Sec. 66. Merit and Fitness in Appointment. - Appointment in the civil service system shall be
made only according to merit and fitness to be determined, as far as practicable, by competitive
examinalion, except to positions which are policy determining, primarily confidential, or highly
technical

Sec. 67. Who May Appoint. - Appointment in the civil service system shall be issued only by those
authorized by the Constitution or by law including those appointed in an acting capacity. Those who
are designated cannot exercise the power to appaint

‘SEC. 68, Qualifications for Appointment. - Appointinent in the civil service system shall be limited
te ctizens of the Philippines who are al least eighteen (18) years of age and who meet the
qualifications and none of the disqualifications prescribed for the position.

Sec. 69. Effectivity of Appointment. - An appointment shall take effect Immediately upon its
issuance by the appointing authority. if the appointee has assumed the duties of the position, he/she
‘hall be entitled to receive salary at once without awaiting (he approval of his‘her appointment by the
Commission. Such appointment cannot be withdrawn or cancelled by the appointing authority and
hall remain in full force and effect unless disapproved by the Commission. However, an appointment
sued through fraudulent means or in violation of law, shall be vold from the baginning.

In the case of temporary appointment, the twelve (12) month period of its effectivity shall be
reckoned from the date of issuance of the appointment and not fram the date the appointee assumes
the duties of the position.

No public officer or employee shail allow a person to render service without a copy of the
appointment duly issued by the appointing authority. Those who allow such service in violation of this
Section shall be personally liable for the salaries of the person concemed, Moreover, the services
tendered by the said person shail not be credited as government service.

{f the appointee does not assume office within thirty (30) days from date of raceipt of
approved appointment. said appointment shalt be deemed automatically cancelled

If the appointee is nol allowed to assume office by the appointing authority in spite of the
Commission's approval of the appointment, the appointing authority shall be held liable for contempt
of the Commission. This is without prejudice to his liability under RA 3019 (Anti-Gratt and Corrupt
Practices Act) and other criminal and administrative sanctions.

Sec. 70. Appointment Form, - An appointment shail be issued in the form prescribed by the
Commission


44

Sec. 71. Submission of Appointments and Oaths of Office. - Ali appointments in the civil service
System, excent those issued by the President and those of the Armed Forces of Ine Philiopines. shal
bo submitted to the Commission for approval not later than thirty (30) cays from the date of fssuance
thereot. Such approval shall be indicated below the signature of the appointing authority. ctherwise,
it shall be made effective thirty (30) days prior to the date of submission to the Commission

Copies of appointments and oaths of office of those appointed by the President shall be
submitted to the Commission for record purposes.

Sec. 72. Merit Promotion Plan. - Each department or agency shail establish a Merit Promotion
Pian, in accordance with standards and guidelines prescribed by the Commission.

Sec, 73, Appropriate Civil Service Eligibility. - Appropriate civil service eligibility shall be required
for permanent appointment to positions in the career Service in accordance with the standards sel by
the Commission. Whenever there is a qualified civil service eligible willing and actually available for
‘appointmant, ne appointment shell be issued to a person who is not an eligible, even in a temporary
capacity, However, a temporary appointment may be issued to eligibles who lack any of the other
Fequiraments for appointment er, to non-eligibles whe meet all the other mandatory reauirements for
particular position.

"A person with a civil service eligiblily acquired by passing an examination shail be auaiifted
for a position requiring a lower level eligibity if he/she possesses Ihe other requirements for
appointment to such position

Sec. 74. Qualification Standards. - Quallfcation standards shall be used: (4) as a basis for civil
service examinations for positions in the career service; (b) as @ guide in appointment and other
personnel actions: (c) in the adjudication of protests against appointment; (6) in determining training
heeds. and (e) as an aid in inspection and audit of the agencies’ personnel work oragrarns

‘Qualification standards shall be administered so as to continually provide incentives to public
officers and employees towards professional growth

The establishmant, administration and maintenance of qualification standards shall be the
responsibility of the department or agency concemed, as promulgated by the Commission

Chapter 3
Status of Appointment

Sec. 76, Appointment Status, -- The status of an appointment shall be:

(a) Permanent - an appointment issued to a person who meets all the qualification
requirements of the position, in no case shall @ person who meets all the
requirements for permanent appointment be Issued a temporary appcintinant except
to occupational groups of positions requiring additional or special qualifications, in
which case, prior clearance to issue temporary appointment shall first be secured
from the Commission In case an appointment is erroneously issued, the
Commission shall make the necessary rectification

Whenever there is a qualified civil service eligible willing and actuatly
available far appointment as cartified by the Commission, a non-cligiole shall not be
‘appointed even in a temporary capacity lo any vacant position in the career service

(b) Temporary - an appointment issued to @ person who does not meet eliaiblty or any
of the other qualification requirements of the position: Provided. that there are no
‘qualified eligibles wiling and actually available for appointment and that the
appointment shall not exceed twelve (12) months

‘A temporary employee shall not be removed excep! for cause during the one
(1) year period: Provided, that he/she may be replaced at any time within the same
beriod only by a qualified civil service eligible. In the lalter case, the appointing
Suthority shall recall the temporary appointment and appoint the qualified civil service
eligible.

{c) Substitute — an appointment issued to a person who has all the qualifications for
permanent appointment out shall occupy a temporary vacancy while the regular
Occupant theraof is on an approved leave of absence for at least one month, on a
scholarship grant, on secondment, out on official business. or Is unable to perform the
duties for at least a month.


15

(é) Goterminous — an appointment issued to a person whose entrance and conlinity
the service is. (1) based on the trust and confidence of the appninting authority of of
the head of the organizational unit where he/she is assigned; (2) limited by the
hation of the project: or (3) co-existent with the life span of the agency or office
created
fe) Contractual ~ an appointment issues to a person fot services im accordance wil! 8
Special contract to undertake a specific work requiring special or technical sits
apevallable in the empiaying agency, to be accomplished within one year. The
contractual employee shali perfarm the specific work under hisiher own responsibility
ith. minimum cirection and supervision from the hiring agency. No contractual
Eppointments corresponding to plantila positions shall be issued
(9) Casual an appointment issued 0 a person for services in an emergency om cutng &
Seak work petiod to positions which do not have regular items in the plantila of
personnel of the department or agency. A casual appointment shall not exccee
twelve (12) menths.
Casval employees who have been in the service for an aggregate of three (3)
years who mast all the qualification requirements of existing staffing pattern positions
Shall be absorbed as regular employees in accordance with the budgetary limitations
set by law and rules to be promulgated by the Commission.
(a) Provisional ~ an appointment issued to a teacher who ments ail the requirements of
the position except the eligibility but shall not exceed twelve (12) months.
In no case shall temporary, provisional, contractual and casual appointments exceed ar
aggregate number of three (3) years in the same postion except in meritorious cases a determines
by the Commission,

‘Sec. 76. Job Orders/Contract of Services and Consultancy. - The appointing authority may enter
into corvive contracts such as ob orderscontract of services and consultancies whereit! no employer”
Employee relation exists which contract shall be subratied to the Commission witli thirty (30) da
from execution of the contract for monitoring and record purposes.

Sec. 77. Rationalizing Casual, Contractual Services, Consultancy, and Job Orders/Contract of
Services. The Commissicn shall formulate policies In order to systematize and rationalize the
hiring and expenditures for consultancy, casual and contractual services.

Chapter 4
(On Personnel Actions

Sec, 78. Personnel Action. - denotes the movement of personnel within the civil service system. Mt
shall include orginal appointment. promotion, transfer, reinstatement, reemloyment, reappeintmenty
fonewal. change of stalus, upgrading ot reclassification, demotion and other related action.
Doreonnel actions shall be In accordance with the rules, standards and regulations promulgated by
the Commission.

"A vacancy may be filled up by any of the following personnel actions: original appointment,
promotion, transfer, renewal, demotion, reemployment and reappointment

Sec. 79. Original Appointment, - refers to the initial entry into the career service or non-career
service.

‘he appointee shall undergo a probationary period of six (6) months during which he/she
‘shall undergo thorough assessment of hisher performance and conduct, His/ner services can @
terminated anytime durng said period for unsatisfactory conduct or want of capacity. The order of
termination shall be served through personal notice or through constructive natice anc shall no longer
bbe appealatle.

Sec. 80. Promotion. - is the movement of an employee to a highe: postion within the same
department or agency with corresponding increase In dulies and respensibities, usually
accompanied by an increase in salary.

The pendency of an administrative case against any public officer or employee shall not be
bar to promotion



18

Sec, 81. Transfer, - is the movement of an employee from one agency to another or from one
position to another within the same agency which may invalve a position of higher, eauivalent er lower
eo ee evelor salary, without breakin the service. Transfer requires the issuance of an appointment.

Sec. 82, Reinstatement. - is the automatic restoration of a parson to a position from which heishe
ses ilagally separated with back salarios including allowances and benefits excep! representation
wee ttonsportation allowances (RATA) ane unform allowance not to excees five (6) years reckoned
telroactively from the date of actual reinstatement.

Sec. 83. Reemployment. - is the appoininent of a person who has baen previous'y appointed to 8
postion In the government service after saparation therefrom. Reemployment presupposes g3P in
the service.

kc. 84, Reappointment. - is the issuance of an appeintinent during reorganization, devolution, oF
simiar events. Reappointment presupposes no gap in the service.

Sec. 85. Renewal. - is the subsequent appointment issued immediately upon the expiration of
famporary, contractual or casual appointment, if qualified eligible és not willing and actually avaliable
‘a6 cerlified by the Commission. Renewal presupposes no gap in the service

Sec. 86. Demation. - Is the movement from one position fo another within the same department oF
Sgency involving the issuance of an appointment with diminution in duties, responsibties and stals
soernk, Demation due to the exigency of the service shail nat involve reduction in pay: Provided, tnat

Slick demotion shall require the consent of the public officer or employee concerned. Voluntary
demotion and demotion as a penalty shail be at the hiring rate of the lower position
$cc. 87, Reclassification. - is the appoiniment that comes 2s. result of a change in the

seesiticston of a regular position due to material and substantial cnanges in duties and
responsibiities of the position withaut change in status and regardless of the qualifications of the
holder of said position.

Scc. 88. Personne! Movements. - The issuance of an appointment is not needed in petsonnel
movement invelving no ciange in position tile, rank o° status if the existing appointment dees not
specify the workstation, Such movement may include the following
(a) Change in item number only
(b) Salary adjustment
{ce} Step-increment
(a) Upgrading (same position)
Notice of such adjustment or movement shail be submitted to the Commission within thirty
(30) days from issuance therect.
Except for secondment, the following personne! movements do not require the issuance of
appointments but shail require office orders:
ja) Reassignment - is the movement from one organizational unit fo another in the same
department or agency, without reduction in rank, status or salary of the employee
Reassignment from the official workstation without the written consent of, the
employee shall not exceed one (1) year. Othenwise. the reassignment shall be
egal.

Reassignment which results in demotion in rank, status or salary or which
exceeds one year without the consent of the public officer or employes may be
Sppealed to the commission. Pending the appeal, reassignment of the public officer
or employee shall be held in abeyance until resolved by the Commission.

Reassignment of low-salaried employees should not resuit in economic
dislocation,

(b) Detail - Is the temporary movement of 2 public officer or employee from one
department or agency (o another without the issuance of an appointment but with the
Consent of both the mother and receiving agencies and shall be allowed only for
maximum period of one year; otherwise. the consent of the public officer or employee
Concerned shall be necessary. Detail shall not resuit in reductian in rank, status or
salary.


17

Detail 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, detail of the public officer or employee shall be
held in abeyance unt the decision of the Commission.

‘The detailed employee shall carry hisfhar ragular position in the mother
agency and continue to receive his/her salary from the mother agency.

(©) Job Rotation - is the sequential movement of an officer or employee from one office
io another or from one division to another within the same agency as a means for
developing and enhancing the potentials of people in an organization hy exposing
them {o the other work functions of the agency. tt shall be allowed only for a
maximum pariod of one (1) year. However, job rotation exceeding one (1) year may
be allowed with the consent of the officer or employee. any extension of which may
be allowed with the consent of the officer or employee conceined,

(4) Secondment - is the movement of a public officer or empioyee from one department
‘or agency to another upon mutual concurrence between the mother agency, the
receiving agency and the employee concemed which should be covered by a
Memorandum of Agreement (MOA) in accordance with the guidelines that the
Commission may promulgate. Its temporary in nature which may involve the same,
reduction or increase in compensation and may or 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 spacified in the MOA, the
receiving agency shall shoulder all the benefits and emoluments of the seconded
employee.

{ec} Designation -is the imposition of additional duties to be performed by a public officer
or employee which is temporary in nature and shail be allowed only for a maximum of
ona (1) year. The choica of who shail be the public officer or employee to be
Gesignated shail pass through regular Promotion and Selection Board (PSB)
proceedings: Provided, that nextin-rank public officers or employees shall be
Uesigrated to the next higher position: Provided further, that there are no qualified
next-in-rank public officers or employees in the agency who are willing and actually
available who can be appointed to the position

‘Tha employee designated shall be entitled to the henefits accruing to the
position but shall continue to receive the salary af the position te which he’she holds
‘an appointment.

Sec. 89. Change of Status, - When a temporary public officer or employee acquires the appropriate
Gligiblity or becomes fully qualified to the position to which he/she 1s appointed, the status of such
appointment shali be changed from temporary to permanent without issuing another appointment.
‘change shail be reflected in the racaids of the Commission upon the notification by the
ned

Title Il Disputes Regarding Appointments and Other Personnel Actions
Chapter 1
Contests on Appointments and Other Non-Disciplinary Cases

‘Sec. 90. Who May Contest An Appointment. - Any eligible qualified for the position may contest an
appointment made in favor of one who is net qualified or whose appointment is issued not in
accordance with faw,

Sec. 91, Adjudication of Contests on Appointments and Other Personnel Actions. - Al other
cases on non-disciplinary personnel actions shalt be adjudicated initially by the appointing authority,
as prescribed by the Commission.

Sec. 92. Appeals on Contests of Appointments, Personnel Actions, and Non-Disciplinary
Cases. - Tho decisions of heads of agencies on contests of appointments, personnel actions and
iplinary cases are appealable to the Commission.

TITLE Ill - Agency Personnel Administration


418

Chapter 1
Inter-Agency Relations

Sec. 93. The Central Personnel Agency. - The Commission, as the central personnel agency of
the government, shall promulgate rules and regulations on personnel administration and management
in the civil service system

Sec. 94, Responsibility for Personne! Administration. - Each department or agency shall
establish a persomel office to be headed by a Human Resource Management Officer (HRMO) whe
shall be responsible for the effective Implementation of personnel regulations and policies,

Employee unions and organizations shall be consulted and represented in the development
and implementation of the agency personnel machanisms such as merit promotion plan, incentives
‘and rewards program, performance appraisal system, incentives and rewards plan, training and
development plan, gtievance machinery, and occupational and health plan, in accordance with the
tules and regulations promulgatad by the Commission.

Sec. 85. Council of Human Resource Management Officers. - There shall be a Council of Human
Resource Management Officars {HRMO) to be composed of HRMOs which shall serve as a clearing
house of information to stimulate the use of innovative methods of personnel management and
advocate for scund personnel policies for good governance.

Chapter 2
Local Government Personnel Administration

Sec. 96. Responsibility for Local Government Personnel Administration. - Each local
goverment unit shall astabiish a personnel office for the implementation of personnel regulations and
policies in accordance with the provisions of this Code, the Local Goverment Code, and rutes,
policies, standards, guidelines and regulations promulgated by the Commission.

Sec. 87. HRMO Positions in LGUs. - The position of HRMO shail be immediately mandatory for
provincial and city governmants, and first and second class municipalities. Third and fourth class
‘municipalities shail create the HRMO position within three (3) years from the effectivity of this Coce.
While the fitth and sixth class municipaifies shall create the same within five (5) years,

Chapter 3
Position Classification and Compensation

Sec. 98. Position Classification and Compensation System. - The Commission shalt develop and
administer the Position Classification and Compensation System (PCCS) which shali have two parts:
the Position Classification Plan and the Compensation Pian. The Position Classification Plan shall
consist of the occupational groups and ciassex to which positions are to be allocated or reallocated,
and the rules and regulations for implementation. The Compensation Pian shalt consist of the salary
‘schedule, policies relative to salaries, allowances, bonuses. and such other benefits accruing to the
public officers and employees of the civil service system, and the rules and regulations for
implementation.

Sec. 99. Basis for Position Classification and Compensation, - The classification and
‘compensation of positions in the civil service system shail be based on similarity of kind and level of
work and the determination of the relative worth of these classes of positions.

Sec. 100. Coverage of the PCCS. - The PCCS shail apply to all positions in the civil service system
whether permanent oF lemporary, appointive or elective on full or part-time basis now existing or
hereafter created.

Chapter 4
Personnel Inspaction and Audit

Sec. 101. Purpose. - The Commission shall conduct periodic Inspection and ausit of the personnel
management programs of each department and agency to provide advice and assistance in the


19

development of constructive policies. standards and procedures to imprave all areas of personnel
management.

SEC. 102. Scope. - The inspection and audit of the personnel management programs may include
the following:

(a) Organization and personnel management,

(b) Formulation, issuance and implementation of personnel policies,

(c) Recruitment and selection of employee;

(6) Personnel action and employment status:

(e) Career and employee development;

() Performance evaluation systems

(9) Employee suggestions and incentive award;

th) Employee relations and service;

(® Discipline;

() Personnel records and reporting

(k) Program evaluation: and

© Employee organization.

Sec, 103. Submission of Audit Reports. - The Commission shall regularly submit its personnel
audit reports to the units concerned, heads of departments, Office of the President and the
Legislature,

BOOK Ill, HUMAN RESOURCE MANAGEMENT
Title 1- Human Resource Development

Chapter 4
Pollcy on Human Resource Development

Sec. 104, Policy, - There shall be an integrated program on human resource development for ail
levels and ranks in the civil service system that shall provide equal opportunities for career
development.

The Commission shall encourage all departments and agencies to develop and implement
human resource development plans and programs to include, among others, training and
development, performance appraisal and incentives and awards for their personnel in accordanos
with Commission policies and standards.

Chapter 2
Training and Development

SEC. 108. Training and Development System. - The Commission shall promote opportunities for
training in skills enhancement and capabiiity-building programs, local and foreign scholarships, and
other educational opportunities,

SEC. 106. Commission's Responsibilities for Training and Oevelopment. - The Commission shall
be responsible for the development, administration and evaluation of government-wide training
programs on public personnel administration, and shall issue the appropriate rules and regulations for
the said training and development programs.

Sec. 107. Responsibilities for Local and Foreign Scholarships. - The Commission shall have the
responsibility to administer service-wide local and foreign scholarship programs. It shall also develop
policies, standards, procedures and guidelines for the effective, efficient anc equntabie distribution of
ail scholarship grants. However, foreign scholarship grants which are part of the overseas
development assistance (ODA) shall be administered by an inter-agency Committee co-chaired by
the Commission and the National Economic and Development Authority.

Sec. 108. Inter-Agency Scholarship Committee. ~ The inter-agency scholership committes shall
be co-chaired by the Chairperson of the Commission and by the Director General of the National
Economic and Davelopment Authority (NEDA) The Committee Secretariat shall be based at the


20

NEDA. The following agencies or their duly designated representatives who hold positions not lower
than that of assistant secretary or its equivalent shall constitute the members:

(a) Department of Foreign Affairs;

{b) Department of Education;

() University of the Philippines;

{a) Commission on Higher Ecucation; and the

{e) __ Presidential Management Stai-Offce of the Preskient

‘Sec, 109. Agency Responsibilities for Training and Development. - Each department or agency
STi be vesponeible forthe development, implementation and evaluation of its training and
development plan 2s Well as ils gender and development plan in accordance with policies and
standards promulgated by the Commission.

To cary out these responsibiliies, each agency shall establish ts own Personnel
Development Committee pursuant to the rules and regulations promulgated by the Commission

cc. 110. Technical Assistance and Consultative Services. - The Commission shall provide
technical assistance and consultative services to all departments and agencies in the development,
‘administration and evaluation of their human resource development programs.

‘The Commission may also avai of advisory assistance from its accredited training institutions,
professional organizations, pubic sector unions, federations, confederations and non-government
Sraanizations (NGOs) in connection with its human resource development policies and programs.

Chapter 3
Performance Appraisal

Sec. 111. Performance Appraisal System. - The Commission shall promote the establishment of
Performance Appraisal System (PAS) for all appointive public officers and employees which shal be
the bosis for incentives, rewards and recognition, training and development, personnel actions, and

administrative sanctions in ali departments and agencies.

Sec. 112. Performance Appraisal Plan. - Each department or agency shall develop and use ane or
more appropriate Performance Appraisal Plans (PAP) for the various groups of positions therein

‘All performance appraisal plans shail be in accordance with policies, standards and
guidelines prescribed by the Commission

Chapter 4
Incentives and Awards

Sec. 143, Rewards System. - The Commission shail promote the establishment of a rewards
system in the ¢epartment and agencies. It shall include incentives. commendetions and awards.
The rewards system shall ba granted individually or in groups, for outstanding performance,
exemplary conduct on the job, inventions, ideas or suggestions. superior wecomplishments and other
‘extraordinary acts or services in the interest of the public.

‘The Commission shall evaluate the implementation of the rewards system in alt departments
‘and agencies.

Sec. 114, Merit and Rewards Plan, - Each department or agency shall develop a merit and
reviards plan appropriate for its officers and employees in accordance with policies and standards
promulgated by the Commission.

TITLE tl - Personnel Relations in the Civil Service System

Chapter 4
Personnel Relations

‘Sec. 118, Declaration of Policy. - The Commission shail provide leadership and assistance in
developing personnel relations programs in the civil service system in consultation with public officers
‘and employees and/or their organizations with thelr respecte departments and agencies

‘ihe head of a department or agency shail be responsible for an effective personne! relations
program in the department or agency.




sec. 116. Grievance Machinery. - Each depariment or agency of the Govemmert with the
eee oo sporoval oF the Commission shal establish and administer a grievance machin to
promote. wholesome and desirable relations among employeas and Pelween employees and
management.

Employees shall have the right to have thelr grievances adjudicated as expeditiously and as
fairly as possible

Reievance may be filed by aggrieved employees of by the employee organization to which
they belong in accordance with the guidelines tssued by the Commission

sec, 117, Right to Organize. - Government employes may form, join or asset smpioved
See analone of their owa choice for the furtherance and protection of thew interests, Goverties
See eee say also. fot, in_corjunetion with appropriate government authoriies, employee
aoe gement commitlzes, work councils and other forms of employee participation scremes

Heese informed personnal of the Prilippine National Police (PNP), Bureau of Fhe
protectin VOCE) and Bureau of Jail Management and Penoiogy (BJMP), cannot form or joln rank:
pndcfile omployee organizations for purposes of collective negotiations

Sree ede and employees whose functions are primarily managerial or cunfidential
nature cannot former join employee organizations for purposes of collective negotiations.

Src, 118, Protection of the Right to Self-Organization. - Government employses shal rot be
See: inated against by reason of their membership in employee organizations or par‘iipaton the
aeernland legitimate activities of such ofganizations. Employment in the civil sevice syle shall
Mot ne subject to the concition that the individual shal not form or join any employee's organizations.

Management shall not interfere in the establishment and administration of ‘goverment
employee organizations.

Chapter 2
Employee Organization

cc. 119, Registration of Rank-and-File Employee Organizations. - Rank-anc-fie employee
Organizations shail ragister with the Commission in accordance with the implementing guidelines to be
promulgated by the Commission.

sec. 120, Sole and Exclusive Employee Organization. - The duly registered employer organization
ee gency that has the support of the majority of the total rank-and-file employees shall be
wae aia by the Commission #s the sole and exclusive employee representative. In cases wren
Feet et ie (2) or more registered employee organizations in an agency, the Commission, "Pelt
pottion, shal conduct a certification election and shall certify the employee organization whe gamered
sesjonty vote as the sole and exclusive representative of the rank-and-file emproyees in he said
agency.

For this purpose, an agency shall refer to an office which has its awn budgetary allocations #$
provided for in the General Appropriations Act, specifically its Table of Contents

sec, 124, Accreditation of Employee Federation in an Agency. - Registered smployee
Groanizations within a given agency may federal and shall be accredited as the sole and exclusive
paigamning representative of the employees; Providad, its aggregate ‘otal membership constitute the
majority of the total rank-and-file employees in the agency.

Sec. 122. Collective Negotiations. - Excopt those that are fixed by faw, terms and conditons of
employment in the government service may be the subject of collective negotiations bewoen duly
ccuradited amployes organizations and the appropriate government authorities.

‘Collective negotiations agreements shall be registered with the Commission,

Chapter 3
Settlement of Disputes

Seo. 123, Definition of terms. - For purposes of this Code, the following terms shall be defined as
follows:


22

A. Arbitration - reters to the process whereby a third party (individual arbitrator). @
board of arbitrators, of an arbitration court nol acting as a court, is empowered to
make a decision which disposes of the dispute.

1 Voluntary ~ a method of settling dispute’s where both parties agree to submit
the dispute before an arbitrator or panel of arbitrators chosen by both parties.
The voluntary arbitrators shall render a decision after proper hearing of the
issues, The decision of the arbitrator shall be final and binding on the
contending parties.

2 Compulsory ~ 2 method resorted to when the dispute has becorne hardened
and irreconcilable andl remains unresolved after exhausting all the available
remedies under existing laws and procedures,

B. Conciliation - refers to the process whereby a third party (conelliaton) prings the

disputing parties together. encourages them t0 discuss their differences and assists

them in developing their own proposed sulutions.

Mediation - refers to the process whereby 2 third party (mediator) is more active in

assisting the disputmg parties reach acceptable solutions to the problems and help

‘em develop ar come out with an acceptable solution, The mediator may submit

proposal's for the settlament of dispute,

°

Sec. 124, Settlement of Disputes within an Agency. - Disputes within employee organizations
between and among employee organizations, and between employee organizations and management
Chall be seltied through conciation, mediation and arbitration, The Commission shall be responsible
in providing concihation and mediation services. In case any dispute remains unresolved, the
Commission shall certity the same to the Public Sector Labor Management Council (PSLMG), which
shall resolve and settle it within the period of sixty (80) days from receipt thereof.

However, the parlies may opt to submit the issue for voluntary arbitration, the cecision of
which shall be final and unappeaiabie.

Chapter 4
Public Sector Labor-Management Council

SEC. 125. Public Sector Labor-Management Council (PSLMC). - Public Sector Labor-
Managemant Council (PSLMC) is hereby constituted to be composed af the following:

(a) Chaitperson, Civil Service Commission ~ Chairperson;

{b) Secretary, Department of Labor and Employment - Viee Chairperson

{c) Secretary, Department af Finance ~ Member:

(d) Secretary of Justice ~ Member;

fe) Secretary, Department of Budget and Management - Member; and

i} One (1) employee representative each from the National Government Agencies

(NGAs). the Government-owned and Controlled Corporations (GOCCs), the Local
Government Units (LGUs), and the State Colleges and Universitios (SUCs), to be
chosen by the employee organizations concemed.

The ex-officio members may designate their permanent allarnates vho hold positions
not lower than an assistant secretary or its equivalent

‘The employee representatives, wha may also designate their permanent altemates,
shall serve for a term of two (2) years or until their successors shall have been appointed or
elected. inno case, however, shall anyone of them serve under holdover capacity for more
than one (1) year

The PSLMG may daputize public officers and employees of the Commission and of
other departments and agencies to investigate and hear cases brought before it for
Arbitration, it may likewise deputize any national or local law enforcement agency or
instrumentality of the government which shall act under its direct and immediate supervision,
to enforce and execute Its decisions, orders, and rulings.

The PSLMC shall implement anid administer the provisions of this Chapter. For this
purpose, the PSLMC shel! promulgate the necessary rules and regulations to implement this
Chapter

Sec. 126, Original and Exclusive Jurisdiction of the PSLMC. - The PSLMC shall have original
and exclusive jurisdiction to hear and decide the following cases:


23

(a) Unfair public sector labor and management practice:
{b) Representation issue:

(ey Disautes arising in the course of the conduct of collective nedotiasons
{3 Bisputes on issues resulting from the implementation of the grievance machinery:
fe) Detarmination of the presence of absence of a strike:

()_ inter-employee organization dispute:

(a) _ intra-employee organization dispute,

{h) Employee organization election of officers;

(N) Bigputes on issues resuling from the implementation of the provisions of Collective
Negotiations Agreement. and

(i) Other analogous acts 4s may be determined by the PSLMC

“These cases may be referred to the PSLMC by any of the parties to the dispute or the
PSLMC may, moty proprio, ake cognizance cf the sama whenever the interest of the service

so demands.
‘Wresn the man issue of & particular case [5 the consequence of a stike of other

concerted activiies and the PSLMC has already assumed jurisdiction over the same. We
coat ittalive of disciplinary action shall be instituted by the agency concerned against any
employee involved therein until the final resolution of the case,

Sec. 127. Unfair Public Sector Labor and Management Practice. - The following shall constitute
Unfair public sector labor and management practice on the part of the agency’

a) tntertering wath, restraining oF coercing employees in the exercise of thes right (0 solf-
‘organization:
(0) Reguiring as @ condition of employment that an employee shall ot form or jn an

Salgyee organization or shall withdraw from one to which he/she belongs;

(0) Diseriminating In ragard fo work schedules, places of assignment and efher Metre
aise rations of employment in order to encourage or discourage memoership in
any employee organization.

(a) Terminating the services or discriminating against any amployee for having signed of
ied an affidavit, pation or complaint or given any information or testimony against
the head of the agency or members of top management

fe) Refusing. to collectvely negotate # good fain with the accredited #moloyee
organization;

) Violating any’ of the provisions of the Collective Negotiation Agreement: and

{g) Other analogous acis as may be determined by the PSLMC

‘The following shal! constitute unfair public sector labor and management practice on the Part

of the employee organization:

Tat” Restraining or coercing any employee to form or join an employee organization oF Ns
pctuites. Employee organization shali have the right to preseribe its own rules on
the acquisition or retention of membershif

(o) Causing or attempting 9 cause the agency head ot other officers to ciserimintle
Sgainet an employee who has not joined or has withdrawn membership from the
‘employee organization;

(©) Refusing to collectively negotiate in good falth with management:

{3 Vetating any of the provisions of the Collective Negotiation Agreement; and

{e) Other analogous acts as may be determined by the PSLMC.

The heads of offices and the other officers of the agency as well as officers’ and members of
an emoyes owganzation who participate in or authorize an unfai public sector labor and
aoe ye practice shall be held acminisiratvely lable and shall be imposed 2 fine of not ane thon
Fi0. 080.00. or suspension nol exceeding one year, or both for such participation or grant of aulhouty
‘without prejudice to cll and criminal liabity.

Sec, 128. Writ of Prejiminary Injunction or Temporary Restraining Order. ~ The PSLMC, afer
See ee naanng, may issue 2 wit of preliminary injunction or temporary restraining order whieh
cot ne eo Tre than twenty (20) days ftom issuance thereof when, on the basis of the
SMagattons in the paiition, 1's established thal the acts complained of involving oF arising from any


24

employee-management dispute, if not restrained oF performed immediately, may cause Ge oF
Hroparabie intr to any party or render inaffectual any decision of the PSLMG i favor of such patty.

eae Me stall require the pellloner to post a bond and the writ of preliminary injonclion ef
temporary restraining order shall become effective only upon the approval of the bond which shall
oot any damage that may be suffered by the party enjoined i iis finally dmtermined that the
petitioner is not entitled to the ancillary relief prayed for.

Sec. 129, Grounds for Contempt, - The PSLMC may cite a person for contemot on any of the
following grounds:

(aye Disobedience or resistance 10 a lawful order, decision, ruling, summons oF subpoens

or any other issuance of the PSLMC; or

(b) __Uniawful interference with the proceecings of the PSLMC, improper content tending

Greely of indireelly to impede, obstruct, dalay or hamper the implementation of any
‘order, decision o* ruling of the PSLMC.

‘The person s0 cited for contempt whether direct or indirect shall be punished by 2 tne of not
more than 1000.00 for every act of contempt Each day of defiance or disobedience or PO
selercemart of any iesuance of the PSLMC as mentioned shall constitute separate acts of contempt
of the PSLMC.

Sec. 130. PSLMC Decision. - Decisions of the PSLMC are final and exocutory unless 8 motion for
See a vlcration is ted by the aggrieved party within fifteen (15) calendar days from receipt of the
Rates and only on the basis of palpable or patent errors. The PSLMC shall not entertain ery
second motion for reconsideration.

Decisions of the PSLMC may be elevated to the Court of Appeals.

Chapter §
The Right to Strike

Sec, 131, Right to Engage in Strike. - The right of the duly accredited employee arganizalio’ We
See nceent with national interest and public service. shall ve recognized and vespected
Fe sed the st'king organization shall ensure an effective skeletal work'orce whose movenert and
oo see Mat not be hampered or restrictec as are necessary to guarantee the proper and adequate
Galivery of public service.

Ea ihe peculiar character of public service and considering that public ofioa is a pubic
aust, the right of ompioyees to strike may De allowed only as a last resort and supject 19 the
limitations herein provided.

Ec, 132. Who Can Strike, - Rank-and fle employees of the agency where the acaradted ‘empioyee
organization belongs may join the strike subject to the provisions of this code Employees who join
Me aiike shall not be entitied to payment at salary for the period that they are on strike,

Sec, 133, Government Employees Who Are Prohibited to Strike. = The following are not allowed
to sirke due to exigency in public service, public safety and nationat interest:

Gee SMsance and security services including officers and employees belonging "0 We
aoe Forces of the Phiipaines (AFP), police. fire protection, jail management and
those engaged in the custody of prisoners and detainees:

(b) Medical and allied services inchicing doctors, nurses, medical therapists and
paramedics

(c) Pubic ullfly services such as power and water supply, transportation, ai watfic
eeetotiers radar and radio controllers. lighthouse keepers and harbor pilots; anc

(a) Other. analogous services to be determined by the Commission taking inte
‘consideration public service and national interest.

$cc. 134, Grounds for Strike. - Asirike may be declared on the following grounds
ta) Unfair public sector labor and management practices commited by management as
provided for in this Code:
(b) _ Mismanagement or abuse of the management of the agency: and
(c) Graft and corruption


258

Sec. 136, Notice of Dispute. - The existence of a dispute which may be the ground of an impending
Strike must first be brought to the Commission in the form of a notice of dispute for either conciliation
and mediation or the parties may submit the same for voluntary arbitration. In either case, the notice
of dispute must be in accordance with the requirements and procedures as may he prescribed by the
Commission which shall setlla the dispute within sixty (60) days from date of receipt of the said notice,
in cases when the parties opt for voluntary arbitration, the agreement thereat shall be final and
executory between the parties concerned

Sec, 136, Certification to the PSLMC. - In the event the dispute is not settled within the sixty (60)-
Gay period prescribed in the preceding Section o in case of failure to arrive at a resolution of the
dispute through conciliation of mediation, the Commission shall certify the dispute to the PSLMC for
settlement and resolution

Sec. 137. Requirement of Strike Vote and Notice to Strike. - Immediately upon certification of the
dispute to PSLMC as provided in the preceding section, the accredited empiovee organization may
tall. a vote in o1der to declare a strike, The decision to declare a strike must be approved by @
majority yote of the total rank-and-file amployees of the agency where the duly accreditad employee
‘organization belongs. The same shall be obtained through secret ballot in @ maeting called for the
purpose. The duly accredited employee organization shall file with the PSLMC the results of the
Strike voie and the notice to strike, copy furnish the head of agency, at least thirty (30) days before the
date of the intended strike and during the said 30-day period no strike shall be held. Only disputes or
issues raised in the said notice shall be the subject of the strike,

Sec. 138, Remedial Actions by the PSLMC. - When a dispute has been referred to the PSLMC, it
shall exert all efforts to settle the same through varicus modes of dispute settlement in order to
prevent the impending strike.

When there is a strike in a government agency. which affocts national interest or public
service, the PSLMG may issue a return-to-work order and/or certify the same for compulsory
arbitration, A return-to-work order shall have the effect of automatically stopping the strike.

For this purpose, the contending parties are stricily enjoined to comply with such order as are
issued by the PSLMC, under pain of disciplinary action.

‘Sec. 139, Prohibited Activities. -
{@) No dispute which occurred prior to the notice to strike, which was not raised in the
said notice, may be the subject of succeeding strikes.
(b) No person engaged in the strike shali commit any act of violence, coercion o1
imidation or obstruct the tree ingress to or egress from the agency's premises for
lawful purposes or obstruct public thoroughfares.

{e) No person shall obstruct, impede, or interfere with, by force, violence, coercion,
threats, or Intimidation any peaceful strike, or shall aid or abet such obstruction or
interference.

(d) No employee organization may declare a strike without first having filed the notice
required under Sec. 137 and the necessary strike vote first having been obtained and
filed with the PSLMC;

(e) No employee organization may go on strike without ensuring and maintaining an
effective skeletal force.

BOOK IV. PERSONNEL BENEFITS AND PRIVILEGES, DAYS AND HOURS OF WORK AND
OFFICIAL RECORDS:

Title | - Personne! Benefits and Privileges

Chapter 4

Health and Other Services

Sec. 140. Policy. - The health, welfare, safety and sacurily of every personnel in the civil service
system chall be the concern of the gavamment. To this end, a comprehensive occupational health
program including medical, dentat and other health services shalt be established, maintained, and
made accessible for all personnel in the civil service system Each department or agency shalt meke



26

provisions out of their existing budgets for personnel health, welfare, ‘medical and counseling services
aooeerore benefits and promate and develop accupational safety, sports and recreation programs and
similar services.

Sec. 141. Safety and Accident Prevention. - Each department oF aanrty shall develop and
Se tain a continuing occupational safety and accident prevention program for ts personnel,

sec. 142, Personnel Counseling. - Each department or agency shall provide personnel counseling
services, including pre-retirement counseling.

kc, 143. Personne! Recreation. - Each department ot agency shall provide faciilias for sports,
see. vonal and cultural activiies and shall encourage voluntary personnel participation.

Chapter 2
Leave Benefits

Src. 444, Entitlement to Leave Privileges. - Appointive personnel of the government, whether
Secnanent, temporary, contractual or casual as well 38 lective officers, who waniet the required
aor ately offios houte shal be entitled 19 an annual fit@en (15)-day vacation ane fifteen (15)-day sick
Teave with full pay exclusive of Saturdays, Sundays, and public holidays.

ec. 145, Leave of Absence of Part-time Personnel. - Public officers and employee rendering
See a emporttime basis aro entiied to vacation and sick Isave benefits proportionate to the
number of hours they served.

sce, 146. Leave of Absence of Parsonnel on Rotation Basis. - Sublic offers and ‘employees on
see ee ume shall ba entitled to vacation and sick leave corresponding to the length of service they
rendered.

See. 147, Forced/Mandatory Vacation Leave. - All appointive and elecive public officers and
employees of the government with ten (10) days or more vacation leave credits shall be required 10 go
Soo vtion leave whethe” continuous or intermittent for @ minimum of five (5} working days annually

Sec, 148, Accumulation and Commutation of Leave. - Vacalion and sick \eave shall be
see. ee ac commutative. - Except for personnel covered by special laws, commutation of leave
credits shall be exclusive of Saturdays, Sundays and holidays,

Ee iced employees whose off-days do not fall on 2 Saturday oF a Sunday shall
have their leaves of absence computed exciusive of their off-days.

‘Sec, 149, Rehabilitation Leave, - Quaified public officers and employes, 9° entitled to
a stintion leave for illnesses and/or injuries which are job-related er which resulted Hom or Was
Mguravated by thelr working environment. Such leave, which should nol exceed S's {6) months, shal!
aoe yate cay and benelts and shall not be charged against accumulated vacation oF sik Jeave
oT ey ersonnel concerned, The cost of inital mavical expenses such Os
emergency/paramedic services. and iniial ambulance or transport services shall be borne by the
Sgoncy of the public officer and empioyee concerned, Substantive and jong tet medical expenses
sore orgulie and rehabiltation purposes shail be borne by the Philippine, [leah Wewictes
Fe raeepe the Employes Compensation Commission (ECC) and the Government Service Insurance
System (CSIS) as the case may be and whenever applicable

src. 160, Teachers’ Leave, - Other than those designated for continuous duty and these Covers
by special chartors, schoclteachers in government elementary and secondary schools shail be
Oe eee Vacation pay. They shall be_entilled to service credits for sorvices vendetta ating the
cotton period, inchcing Saturdays, Sundays, and holidays, in accordance wth the cules and
regulations prescribed by the Commission.

Or ee Oral also be entitled to annual seven (7) days sick eave. which shall be non”
cumulative and non-cormmutative.

sec. 154, Leave of Elective Officers, - Al elective officers shall be entited to eave credits sranted
ae pointe officers and the cumulation and commutation of the money valus hereof


ar

Sec, 182, Leave Credits of Public Officers and Employees Covered by Special Leave Laws. -
Pho leave credits of the following personnel are covered by special laws:
Ya) Justices of the Supreme Court, Court of Appeals and Sandiganbayan:
(Judges af Regional Trial Courts, Municipal Trial Couts, Metropolitan Trist Courts,
Cou of Tax Appeals and Shari'a Circuit Court: and Shari'a District Court:
fe) The Chairperson and Commiesioners of the Constitutional Commissions;
{&)__ Filipine personnel in the Foreign Service; and
fe) Other personne! covered by special laws.

Sec. 183. Maternity Leave. - Women in the government service. of whatever clv and employment
serie and regardless of langth of service shall, in addition to the vacation and sick leave granted
Tas are ittied.to maternity leave of sity (60) calendar days for noimal delivery and seventy-clght
(ya) calendar days for delivery by caesarean section forthe first four deliveries or miscarriages:

Sec, 184, Paternity Leave. - A married man in the government service shall be ented to paternly
eave ot seven (7) working Gays forthe first four (4) deliveries or miscarriages of his teqitimole spouse

with whom ne is cohabiting.
“The paternity leave shal be non-cumulative and nan-commutative.

‘gcc. 185. Adoption Leave - Public olficers and employees who legally adopt a chile below: sever
{7 yoars of age a8 of the date the chile is placed wit them shall be entited to adoption leave in the
manner herein provided:

(a) Married individua's who are both in gavernment shail be entitled to thy (30)
taiendar days for the adoptive mother and seven (7) calendar days for the adoptive
father

) Solo parents of whatever gender or civil status shall be entitled to thirty (50)
calendar days.

‘Avaiment of acoplion leave shall commence from the date the child is piaced with the

adoptive parents, which shall not be etter than the date of the decree of adoption ‘Adoption leave
shall be non-commutative and non-cumulative

Sec. 156. Parental Leave for Solo Parents. - In addition to feave privileges under existing aves
patents! leave of nol more than seven (7) working days every year unt the child reaches the age of
Bighteen (18) years shall be granted to public officers anc employees who are solo parents and have
rendeted service of at least one (1) year.

Parental leave shail be non-commutative and non-cumutative.

cc, 157. Special Leaves - Government pubilc officers and employees, except those covered By
Special Ivave laws. are entitle fo special leaves, lo mark personal milestones andlor attend fo Het
Seer aomtaste responsibiliies, not exceeding an aggregate of three (2) cays in accordance with
guidelines to be set by this Commission

‘Special leaves shall be non-commutative and non-cunwlative.

gre, 158. Study Leave and Sabbatical Leave. - Qualified public officers and employees may be
granted study and sabbatical leave, subject to the rules and regulations promulgated by the
Commission.

tc. 169. Commutation and Monetization of Leave Credits. - Accumulated leave credits can
Sinor be sommuted or monetized subject to the rules and regulations prescribed by the Commission

Sec, 160, Effect of Reemployment on Commuted Leave. - Public officers and employees whose
Face eeuie hove ben commuted following their separation from the service ana ware thereaer
teempioyad may refund the money equivalent of the unspent portion of the commuted leave credits,
inall cases, leave credits start from zero balance.

Sec. 161, Transfer of Leave Credits of Appointive Personne! and Elective Officers.» When
Sepointve public officers and employees transfer from one antity to another, they an Neve their
cee pmulated vacation and/or sick leave credits commuted or transferred to their new office


28

The second option can only be exercised by the personnel concemed when there are Ne
gaps in their service. However, a gap of not more than one (1) month may be allowse provided same

is not due to the fault of the personne! cuncemned.
‘ne abovernentioned options of commutation or transfer of accumulated leave credils cat

also be availed of by an elective officer assuming another elective post. However, these options ave
ae potable to tha transfer of Armed Forces of the Philippines (AFP) uniformed personnel to civilian
positions

0. 162. Prescriptive Period for Transter of Leave Credits. - The aplion to transis: accumulated
See iecdre can be exercised within one (1) year only from the effoctive date of transter of the
Sopointive personnel to thelr new office, or fo the assurmotion of the elective officers in thelr new post.

Sec, 163, Leave without Pay. - Inno case shell leave without pay be granted in excess of one (1)
year or If the public officer or employee concerned still has leave credits with pay.

Ec. 164. Terminal Leave. - Terminal leave refers 1© the total accumulated leave credits of
Sersonnel, the money value of which shal be based not necessarily on the lates! salary rate Dit of
Te highest solary rate received at any time duting the period of emplayment in the government
service.

Chapter 3
Retirement Benet

Sec. 165. Payment of Retirement Benefits on the Day of Retirement. - All personnel are enlited
are cuive ther retirement benefits provided for under existing taws on the day of thelr retirement. The
Isstagency-omployer shal ensure that all the retirement documents are in order six (6) months pry
A es otitemant of the said personnel. All concerned agencies of the government shall rander
assistance in this regard.

‘all public officers and employees with pending administrative, disciplinary cases who were
eventualy. exonerated or cleared therefrom shali be entiled to payment of retirement benefits
immediately a day after the promulgation of the decision.

Src. 166, Rate of Interest for Delay in Payment. - Should the retiree, through mo faut of Ris ther
ann fail to receive the hanefts on the day of retiremant. the same shall earn interest at the prevaling
legal rate

‘The retirement benefits of those who were eventually exonerated or cleared from
administrative. disciplinary cases shall iKewise eam interest at the prevailing legal rate computed
irom the date of retirement to the date of promulgation of the decision

‘sec. 187. Liabillty for Delay. - Agencies or their jersonnel who caused the delay in the reliree's
aciptof retirement benefits shall upan complaint of the retiree or the Successor in interests, be liable
for the payment of the interest mentioned in the immediately preceding Section This is wiht
projucice to the fing of administrative and criminal cases against the personnel responsibie for the
said delay.

Complaints against delays in the release of retirement benefits shall be filed with the
Commission within one (1) year from the date of retirement.

The Commission shall promulgate rules and mechanisms to enforce this provision,

Title {I - Official Records and Work Days and Hours

Chapter 1
Personnel Records Information System

‘Sec. 188, Polley. ~ A governmant-nide personnel records system shal be established, administered
and maintained by the Commission.

Mah department oF agency through its human resource management office, shall establish,
manage and maintain personnel rocords and statistics of all its personnel


29

Sec, 169. Records of Employment. ~ The Commission shall Keep ané mainain official records of
see ess aed appointive. personnel regardless of theit employment status, The Commsson shall
eee maintain statistics on their employment, accession and separation.

Chapter 2
Work Days and Hours:

sce. 170, Observance of Work Days and Hours. - shall be the culty of each head of agency to
Tequire ail personnel to stricly observe the prescribed office hours, ‘and to wear identification cards,
rensiates a the ke bearing clearly and legibly thei respective names an positions when dealing
Greet with the public in the performance of their respective duties or whey eve! they are within the
Gramigee of the office. When the head of agency allows government personnel to leave the office
siping ace hours an not for officiak business or official tine, the sane shall be reflected in their time
records and charged to their vacation leave credits

ec. 171. Daily Record of Attendance. - Each head of department of age shall require a daily
ercird of attendance of all personnel including those serving in the felch board a vessal, fo be
Kant on the proper form and, whenaver possible, registered on the bundy clock or any mechanical.
electrical, or electronic device

‘Sauice in the field” of on beard a vessel” shall refer to service rendered outside the office

which is the usual piace of work.

sec, 172. Recording of Attendance by Senior Public officers. — | Agency reads. third level
Sostions shall record limes of arval at and times of departure from official ‘workstations. Absences
from office shail likewise be properly racorded in the agency.

ec. 173. Liabilities, - Faisifction or iregutarities in the keeping of time teconds will render the
Personnel concernied acmmnistratively Hable without prejudice 19 criminal prosecution as the
circumstances warrant

‘sec. 174. Forty Hour Workweek Requirement, - Personnel at all departments ané agencies except
eee on by special favs shall render not tess than forty (40) hours of work a week. exclusive of
toe eel As 2 general rule, such Rous shall be [rom oigh! (2) o'clock in the moti 12 twelve
{13} selack noon and fram one (1) e'ciock to five (6) o'elock in the affemonn all days except
Saludays, Sundays, and holidays. However, in the interest of ihe soviet, heads of agencies
pattuntarly those with frontline servicas, shall adopt measures to ensure thet continuous service is
Evailable even during the 42:00 naon to 1:00 p.m. period.

‘athe exigeney of the service, or when necessary by the nature of the work OF 2 particular
agency, the rescheduling or shifting of work schacule of @ pariculoy agency for a number of working
Jaye lees than tho required live (6) days may be allowed by the head of ages provided that
government personnel render a total of forty (40) hours a week and Pr vided further that the public is
so ee pctinaous delivery of service for eight (8) in the morrang to five (5) in the afemoon for
the duration of the entire workwaek.

Sec. 175, Flexile Working Hours. - Flexible working hours shall be enforced subject to the
Ste. en of ne head of agency. In no case shall the weekly working hours be reauced ih the event
the agency adopts the flexitime schedule. in the adoption of flex-time, core working hours shall be
prescribed Laking into consideration the needs of the service

sec, 176. Non-regular Working Hours. - A work schedule that deviates from Mat which ts provided
Tee len 175 here! of that which extends well into the night may also be alowes Unet the
aaron ot tne head of office. the nead of the service, or the health and wellare OF the personnel
discretion Or rovided. tnat tho forty (40)-nour workweek exclusive of mealtime, will not be reduced.

sec, 177. Flexible Working Place. Public officers and employees may be allowed to work away

See IT effclal work stations subject to the diecration of the head of aciency and the nature of the

tr re criineir positions. The Commission shall issue the rules and regulations °° Saver the

Mfootion of a Lextwork place. In no caso shall the adoption thereat effect the availability and the
‘bility of government services.



30

Sec. 178. Persons in the Teaching Service. - Ail persons in the teaching service, primary and
See ainty levels, are covered by the forty (40}-hour work-week requirement and shail vender not
more than six (6) houts of teaching load evety schoo! day.

‘gxc, 179. Performance of Duties in Excess of Forty Hours of Those in Special Occupations!
Groups. - When the nature of duties to be performed oF the interest of the public, servis £2
huis, the head of department or agency may require any of all ofthe personnel te Work Ny Ae
ithe forty (20) hours, on Saturdays, Sundays and public holidays, with either adcitional
Compensation or compensatory time/days-eff; of the accumulation of leave credits,

Sec, 180. Compensation for Authorized Work Beyond Forty Hours. - When the interest of publ
ae rice so requires, the daily hours of work for personnel may be extendad by the head of the agency
See ee anich extension shail be fixed la accordance with the mature of the work. Provided, that
core tr excess of forty (40) hours a week must be properly compensated by payment of overline
ao etme are avaiable for the purpose or through the grant of compensatory time or dayls-off
or through the accumulation of leave credits

sec. 181. Compensatory Time or Day/s Off. - Grant of compensatory time or dayis off shall be
saved tar avertine services rendered Subject to the rules to be promulgated by the Commission

BOOK V. DISCIPLINE

Title | - Administrative Dis«

Chapter 4
General Provisions

gee. 182. Disciplinary Action, - No public cfficer oF employee in the civil service syste shall be
seclpined, suspended or removed [rom office except for cause as provide for by law and ater due

process,
“The following shall be grounds for disciplinary action:

(a) Conduct prejudicial to the best interest of the service;

{b) __Discourtesy in the course of official duties;

(ce) Disgraceful or immoral conduct

(@) Dishonesty;

fe) Drunkenn

{) Engaging directly or indirectly in partisan political activites by one holding @ non-
political office:

(a) Engaging in or supporting acts of insurrection, rebetion, sedition, and other crimes
Egainst public order as defined in Title Three, Book Two of the Revised Penal Code
See cormmission af crimes against national security and the law of nations as defined
in tiie One, Book Two, Chapters One, Two, and Three of tne Ravised Penal Code;

th) Engaging in prohibited activities under Section 139 of this Code;

1) Falstfication of official documents:

ti} Final conviction of a crime mvolving moral turpitude;

{k) Gambling prohibited by law.

0 egal strike;

{m) inefficiency and incompetence in the performance of official duties;

{n) _ insubordination;

(0) Neglect of duty:

(p)—_ Nepotismn;

(a) Oppression:

(fy — Pursuit of private business, vocation or profession In violation of cil service |aW.
rules and regulations:

(3) Refusal to perform official duly or unjust rafusal to render overtime service

(Sexual Harassment,

(a) Tardinass,

() Unauthorized absences;

(w) Unauthorized use of government resources of properties

(0 Unfair public sactor labor and management practice,


ca]

{y) __ Unjustifiable delays in the payment ot employee beneiits
(Violation of reasonable office rules and regulations; and
(a8) All other grounds for disciplinary action provided ot may be provided for by law

Chapter 2
Disciplinary Jurisdiction

Sec, 183. Original Jurisdiction, - The heads of departments, agencies, bureaus and
 ecumentalites of the national govemment, constitutional offices, the proper éiscipining authority of
viele universities and calleges, government-owned and -controlied corporations with original charters
or created under special laws, and local government units.

“they shall also retain original jrrisdicton over public officers and employees who are alrendy
separated from the service but wio, while sti in he service committed an offense.

S£¢. 184. Original Jurisdiction of the Commission, - The Commission shall have exclusive
seministrative diseiphnary jurisdiction over its public officers and employees. It shall have concurrent
original disciplinary jurisdiction over public officers anc employees of the departments agree.
bussaus, state universities and colleges, government-owned and -contralled corporations with orginal
charters or created under special laws, local government units.

The Commission may, motu proprio, initiate the Investigation and filing of administrative
‘charges agains! public officers and employees who violate the provisions of this Code and ofver
pertinent chil service laws, rules and regulations, For thls purpose, the Commission shall conduct
Factfinding investigations and require through the issuance of subpoena duces fecum and similar
processes the production of government records necessary to resolve the case.

Sec. 185. Original Jurisdiction of Bureau or Department-wide, Regional Office Head. - The
heads of bureaus or department-wide regional offices shall have discipiinary jurisdiction over offenses
committed by their subordinate public officers and employees.

Chapter 3
Procedures In Disciplinary Cases

Sec. 186. Commencement of Administrative Proceedings and Answer. -

ia) Administrative proceedings may be commenced motu proprio against @ subordinate
public officer of employee by the proper disciplining authority or head of department
br agency or upon 2 sworn written complaint of any other person, The complaint shall
be accompanied by sworn statements covering the charges and those of the
witnesses together with documentary evidence, if any.

(©) On the basis of the sworn written complaint and supporting papers filed by any other
person, the discictining authority shall require the person complained of to explain
wry no administrative case should be filed. Ifthe disciplining authority does not fing a
prima facie case. the complaint sholl be dismissed; otherwise, a formal charge shall
be issued in accordance with the provisions of this Cade. The respondent shall be
fumisned with copies of the complaint, swam statements and other documents
submitted

{c) In administrative proceedings initiated by the disciplining aulhority or head of 2
department or agency, the formal charge shail be issued only’ after the disciplining
Suthorty finds # prima facie case in accordance with the provisions of this Code.

Sec, 187, Issuance of a Farmal Charge. - The formal charge shall state the specifications of the
Sfianse and shal require the respondent to submit an answer in writing and under oath together with
Supporting sworn stalaments covering his/her defense and those of witnesses together with the
documentary evidence, it any. The respondent shall be allowed at least seventy-two (72) hours but
aac mors than five (5) days from rece’pt of the formal charge to submit an answer and the affidavits of
the satnesses, if any, and shall be informed of his/her right to counsel! and to indicate whether of not
hetshe elects a formal investigation. In cases when the respondent submits a request for clarification,
a bil of parlicalars or a motion te dismiss which are obviously designed to delay the administrative
proceedings, the same shail be considered as answer.

‘Sec. 188. Formal investigation. -


32

(a) Ifthe respondent has elected a formal investigation, the disciptining authority or the
Guly authorized representative shall conduct the formal Investigation with a notice
‘ssued within five (5) days from receipt of the answer:

to) Complainant and respondent may avail themselves of he services of counsel and
may require the attendance of witnesses by subpoena ad testficandum and the
production of documentary evidence through the compulsory process ‘of subpoena
duces tecum.

(c)__Even if tne respondent does not request formal investiga. such investigation
ciel pe conducted when. on the basis of the allegations in the complaint and the
satsor of ine respondent, including supporting documents. the merits of the case
aannot be decided judiciously without conducting such investigation.

(0) The formal savestigation shall be commencad not eatlies than Ne (5) days ner later
are emia) days from receipt of the respontient's answer, The investigation shall
ran terieted te ascertain the tuth without strictly adhering 10 technical Tubs
appicable to judicial proceedings. Hearings shall be continueusiy held and the
irrestigation terminated, if possible, within ten (10) days from 6 commencement,
“opecially for grave offenses, uniass the peticd is extendes by the disciplining
authority in meritoriaus cases.

fe) The diract evidence for the compiainant and the respondent shal consis! of the sworn
aoe neste and documents submited in support of the complaint or answer, as he
Sexe may be, without projucice 10 the presentation of adsittenal evidence deemed
care seary but was unavailable at ihe time of the fling of the complaint oF are,
Tipon whieh cross-examination by the respondent and the complainant respectively,
shall be based

Sec, 189. Report of Investigation and Record of Case. - The hearing officer shall submit to the
Siccipinng authorily the report of investigation within ten (10) days trom Me termination of the
investigation. The report shail contain the findings and recommenealict's together with the complete
reef the case Which shalt be progerly and securely bound, all pages rumberes sonsecutively,
and with # lable of contents.

ec, 190. Decision. - The proper cisciplining authority shall render a decision within the period and
in the form and content as provided for in this Code.

rc. 191. Preventive Suspension. - Notwithstanding any provision of lau! to the contrary, the
Sroper discigiring authority may praventively suspend. a respondent formally charged with
aoe eat oppression, grave misconduct, gross neglect in the performance of Oy. if there are
oo oie thal respondent is guily of the charges which would watrant remaval How Ate
roast eo a great probabilty thal the continuance in office ofthe respondent coule niuen ot the
ang that there Ioce a theat to the safety and Integrity of the racords and ther evidence, foe SoD
vin smeventve suspension exceed ninety (90) cays or last for the duration of the investigation,
whichever is shorter

‘sec. 192. Lifting of Preventive Suspension Pending Administrative Investigation. When the
See. 2 ng et Eoanst the respondent under preventive suspension is not dackdos by the
isciptning authority within the period of ninety (90) days after the date of susperiien. the respondent
Sg os cally reinstated in the service; Provired, that when the delay in the cisposiien of the
Saar ave te the foult magigenee ot petition of tho respondent, the penied of delay shall not be
Included in computing the period of suspension herein provided.

Chapter 4
Decision

cc, 192. When to Render Decision, - The proper isciplining authority exercising, var!
PeCuicton and those exercising appellate jursciction shall render their decisions wil sixty (80)
Hays rom the date of the submission of the case for decision.

ec, 194. Form and Content of Decision. - The decision. properly designated a5 such and under
the signature of the proper clscipiining authority, shall contain the charge, the name of the


33

respondent, the position and office of the respondent, a brief statament of the material and ralevant
faets, findings, offense committed and the penalty imposed

Sec, 198. Service of Decision. -
a) A copy of the decision shall be served on the complainant and the respondent

through their respective counsel, if any, within five (5} days from its promulgation.

{b) _Disciptining authorities shalt fumish their superiors with a copy of the decision within
five (5) days from the date of its promulgation.

Sec. 196. Finality of Decision. -

(a) Without prejudice to the power of review by the Commission, and its powers to decide
cases on appeal as provided for in this Code, the decisions of the heads of
departments, agencies, and instrumentaiities of the National Government and the
disciplining authority of state universities and colleges, government-owned and =
Controlled corporations with original charters or created under special laws, and local
government units, shall be final and executor, if the penalty imposed is suspension
Of not more than thirty (30) working days or 2 fine af not more than thirty (30) working
days’ pay.

(b) Without prejudice to the power of review by the Commission and its pawers to decide
cases on appeal provided for in this Code, the decision of the head of the bureau or
department-wide regional office shall be final and exeuutory, if the penalty imposed Is
Suspension af not more than thirty (30) working days or a fine of not more than thily
(30) working cays’ pay.

{c) ‘The decision in a disciplinary case becomes final upon expiration of the periad within
which to file a motion for reconsideration and no such motion is filed.

Sec. 197. Execution of Decision. -

(a) The decisions of heads of agencies and other disciplining authorities shall be
immediately execulory upon receipt of a copy thereot by the parties concerned, even
pending appeal

(b) Decisions of the disciplining authority in disciplinary cases shall be immediately
executory unless a motion for reconsideration is seasonably filed. in which case the
Execution of the decisions shall be held in abeyance pending resolution of the motion.

(©) The filing and pendency of a peiitian for certiorari with the Supreme Court shall not
stop the immediate execution of the decision of the Commission, unless the Court
issues @ restraining order or 2 writ of preliminary injunction. For this purpose, no
other Courts can issue a temporary restraining order or a writ of praliminary injunction
against the Commission.

Chapter 5

Administrative Penalties

SEC. 198, Penalties That May Be Imposed. - Heads of departments and agancies and other
disciplining authorities may impose the penalty of reprimand or censure. fine in an amount not
exceeding six (6) months’ salary. suspension without pay for not more than one (1) year, demotion in
rank or pay, or dismissal from the service.

Sec. 199. Imposition of Penalties. -

(a) In meting out punishment, the same penalties shall be imposed for similar offenses
and only one (1) penalty shall be imposed in each case. In the imposition of these
penalties, the disciplining authority shall take into consideration the circumstances
which may either exonerate the respondent from any liablity, mitigate or aggravate
the offense.

(b) In the imposition of the proper penalties, the administrative offenses or causes for
disciplinary action mentioned in this Code shall be categorized inlo light, less grave,
and grave


34

{c) The Commission shall promulgate rules and regulations on the slossiieaton of
wee coiative otfenses into light, less grave and grave and shall prescribe he
correspanding principal and accessory penalties. such as cancellation of eligiblity,
farloiture of rolrement benefits, disqualification for employment. reinstatement oF 1
fanployment, disqualification for promotion ane bar from any civil service examination.

Sec, 200. Effect of Administrative Penalties. - The oonaity of dismissal shal! foun the
SSpatatton of the respondent from the service. Dismissal shal carry wih ft ‘he cancellation of civil
Seearaletlbiives, forteture of retirement benefits, anc disqualification from emproymen ie the
Sovorament amhater appeintive or elective and isqualification to run for any publi: office even if the
ase is pending on appeel.

PRthough decisions imposing the penalty of dismissal are immediately execulony, Oe
permanent appointment pending appeal shail be Issued to replace the dleminsee employee. In the
eee ine eatvice, nowaver, designation may be resorted to until the case fs resolved wilh finality.

Fhe ponaites of demotion, suspension and fina shall disqualify the respondent from receiving
certain bereft oF ftom promotion for 2 petiod pased on the gravity of the penstty imposed in
accordance with the rules prescribed by the Commission.

kc, 201. Effect of Death on Pending Cases. - Pending disciptinary cases shall be deemed
Se ais ron the death of the respondent without prejudice to civil action that may be instilled by
the government except when the proceedings have been concludes ae te Fase AS ready for
ane geen enon the administrative case invoNes misappropriation of public funds and property Se
Giher grave offenses. The same shall be decided for the sole purpose of determining whether the
Rolre ot the responcent are entitled to monetary benefits arising out of his employment

‘src. 202. Effect of Exoneration and Other Penalties. - Upon exoneration the respondent shal be
eee ear ta niemor former position without 1oss of seniority and other rights or te a comparabye of
eee A pectton in case_of reorganization. He/She shall also be entiled to payment of Poet
canta esther benafis for a period not exceeding fve (5) years Including the period of hisher
preventive suspension

Chapter 6
Administrative Remedies

Sec. 203. Appeal. - An appeal may be fled with the proper authonly within fiteen (15) days from
Secipt of the decision, together with 2 notice of appeal to the disciplining authority whe rendered the
Faeeaee thal! state the appellant's date of receipt of the decision and the date ofthe resolution 4h
decor ae reconsideraton, if any. together with the grounds for appeal and the arguments in
support thereof.

Sec. 204, Where to Appeal. - The appellant may appeal to the following.
fay incase of decisions rencered by heads of departments, agenowss, state unversitor and
Tileses, provinces, cies and municipalltes and Instrumentaliles of the natianat
goveinsrent and the disciplining authority of government-owned | of controlled
Serporations with original charters, where the penalty imposed is suspension of more than
thirty (30) working days or a fine equivalent to more than thirty (20) working days’ salary,
the appeal shail be brought before the Commission: and

{®) In case of decisions of the head of bureaus or department-wide regional offices, the

act shal intally be made to the department srcretary and then to the Commission
aoesalty imposed is suspension of more than thirty (30) working days or fee equivalent
to more than thirty (30) working days’ salary.

Sic. 208, Motion for Reconsideration. - A motion for reconsideration «nay be filed during the
period for filing an appaal on the following grounds:
7a) Newly alscovered evidence which could materially affect the dacision rendered:
(0) The decision is not supported by the evidence on record: oF
(2) Erors of law or Irregularities have been camwmitted prejudicial to the interest of her
party,


35

COniy one (1) motion for reconsideration shall be entertained, which shall be resoWed within
thity (30) days from receipt. A motion for reconskieration shell suspend the running of the pariod of
appeal.

xc, 206, Remand of Cases Due to Lack of Due Process. - it the case on appeal vith Whe
Necro mion is remanded to the proper disciplining authority for further investigation dus to jack of de
process, the said ciscipining authority shall finish the investigation within three (3) calerdl months
ace ic of receipt of tne records from the Commission, unless the investigation is delayed due
eine faut negligence or periion of the respondent. oan extension granted by the Commission
eae ae eaeener ne period of delay shal not be included in the computation of the prescribed
period.

“The disciplining authority shail render its decision within fitteen (75) days from the termnaton
of the investigation. If at the end of said period. the disciplining authority fails to aecide the case, the
Coen a eegtal vacate and set aside the appealed decision anc deciare the respondent exonerated
eine charge. it the respondent is under preventive suspension, he/she shall be immediately
Feinstatad and shall be entitled to back salaries and other benefits.

‘sec, 207, Petition for Review. - The Commission may review decisions rendered by ils regions!
Shrcae and other disciplining authorities dismissing a complaint for lack of a prima facie case, subject
to rules and regulations tne Commission may presctibe.

ec. 208. Penalties for Contempt. ~ In case of refusal or failure to comaly wilh its decisions, orcers.
Stings oF processes and proceedings, the Commission may impose a penalty of fine of not less than
1080.00 per day until compliance, or suspension from office without pay for a period of not more
than thirty (30) days, or both as the circumstances may warrant,

‘Sec. 209, Removal of Administrative Penalties or Disabilities. - Upon recommendation of the
Ser yassiom the President may commute or ramove administrative penalties or disabilities imoosed
pon public officers er employees in disciplinary cases, subject to such terms and conditions as
he/she may Impose in the interest of the service,

Title 1! - Prohibitions

Chapter 1
Limitation on Appointments

‘Sec. 210. Appointment of Elective Officers. - Except as provided for in the Constitulin, no
 rcive officer shail be eligible for appointment or designation in any capacity to any public office or
position during hisiher tenure.

‘sec. 211. Candidate Who Lost in an Election. - No candidate who fest in any election shall, within
one (1) year afer such election, be appointed in any capacity to any office in the government oF any
State Uewersity ane college, government-owned and -controtied corporations with original charters or
sebted under special laws, and local government units. Neither can they be hired within the sama
period as constitants or under contracis of servicesijob orders in said entities

‘sec, 212. Resignation Before Election. - A petson who resigned from the service within three (3)
srrths before any election and engaged in any polilical activity shall not be eligible for re-
temployment in the government during the six (6)-manth period following such eection,

Sec. 219. Prohibition Against Holding Another Office or Employmant. - Unless otherwice
Siowed ny law or by the primary functions of the pasition, no appointive officer shall held any other
ottice or omplayment in tha government or any subdivision, agency or instrumentality therect, stele
Chiversiies ond colleges, government-owned and -controlled corporations with original charters or
created under special laws, and local government uni

Sec. 214. Prohibition During Election Period. - No appointment, whether original, transfer
Sesaployment, reappointment, renewal, promotion and demotion, regardiess of status. excapt in the
cee at reinstotement, shall be issuad ninety (80) days before any national or focal election except
forangay and sanggiinianig Kabataan elections and until the assumption of the newiy-elected oF


36

reelected appointing officer No consultancy, job order or contract of service shall also be entered into
during the said period.

However, in the exigency of the service and subject to the authority by the Commission. the
appointing authority may issue appointments after the election and until the assumption of the newly
elected or reelected appointing officer provided the following concur:

fa) Avacancy occurred during the prohibited perioc:

{o) There is need to fil up the vacancy immediately in order nol to prejudice public
service and/or endanger public salety;

(©) The appointee is quailfied:

{@)__ The apoointment has gone through the usual requirements like publication, regular
screening by the Personnel Selection Board and concurrence by the Sanggunian, 2s
the case may be.

Al appointments issued before the prohibited period shall take effect immediately,
notwithstanding any provisions in the appointment fo the contrary and the appointee shall assume the
position within thirty (30) days from issuance thereot. Failure of the appointee to assume the position
within said period shall make the appointment ineffective.

‘See. 215, Prohibition Against Appointments by an Outgoing Appointing Authority. - No
‘appointment in national agencies, state universities and colleges. government-owned and controlled
Corporations with original charters or created under special lavis. shall be made by any outgoing
‘pointing authority within three (3) months before the end of his/her term of office or retirement
‘This prohibition shall also apply to outgoing appointing authorities who have previously manifested
their intention to resign from office. In which case, the prohibition shall commence from the date of
formal manifestation to resign but shall not be more than three (3) months from the effective date of
resignation.

However, in the exigency of the service, interim appointments may be issued which shal! not
exceed three (3) months from the time the appointing authority ceases to hold office

This prohibition shalt embrace all kinds of appointments whather original. transfer,
reemployment, reappointment, renewal, casual, contractual promotion, or demotion, regardless of
status.

‘Sec. 216. Supervision by Non-career personnel. - Sudject to the rules to be promulgated by the
Commission, no consultant, contractual or non-career personnel shall be designated to any position
exercising contro! and supervision over regular and career personne! in the government.

Sec. 217, Contract of Service. - A person issued a contract of service shall not discharge duties
pertaining to a carear or non-career service position, The agency may, however, enter info a contract
of service to undertake a piece of work for the government for a specific period.

Sec. 218. Ecclesiastic. - No priest, preacher, minister, or other religious teacher, of dignilary as
Such, shall be employed in the clvil service system excep! when such priest, preacher, minister, or
dignitary is assigned to the Armed Forces of the Philippines. the Philippine Nationa! Police or to any
penal or correctional institution, or any government orphanage or leprosarium

Sec, 219. Nepotism. - The act of issuing an appointment in the national, or in any branch oF
instrumentality thereof, or in state universities and colleges, government-owned and -controlied
corporations with original charters or created under special lavis, or Incal government units to a
person who is related within the third (3rd) cvil degree of consanguinity or affinity to the appointing or
Tecommending authority, the chief of bureau or office, or of the persan exercising immediate
supervision over hinvher. is hereby prohibited.

“The following positions are exempt from the operation of the law and rules on nepotism

(a) Primarily confidential

{b} Highly technical

(ce) Policy-determining

(6) Teacher and professorial statt;

She term teacher’ shall reter only to those actually performing c’assroom instruction in both
public elementary and secondary schools. ‘Professorial staf? shall denote members of the faculty of
late universities or colieges primarily engaged in academic activities such as teacting in the tertiary



37

level, research and curriculum development, among others. The designation of professorial staff to
non-profassorialnon-academic positions shaib not be covered by this exemption.

The restrictions mentioned in this Section shall net be applicable lo a member of any family,
who, aller agpointment to any position In an office or bureau, contracts mariage with another
‘employee in the same office or bureau, or those who were affected by reorganization in which event
the employment or retention therein of both husband and wite may be allowed.

The prohibition shall not also apply in case of promotion If the person to be promoted
occupies a career and nextin-rank position, or to those devolved to focal government tnils oF who
were affected by reorganization or to any member of 2 personnel selection board.

Chapter 2
Other Prohibitions

Sec. 220. Political Activity. - Civil servants may become members of political parties, express their
views on current political problems or issues. and support the candidates of their choice. However,
they may nelther engage in any electioneeting nor may they use official authority to influence or
coerce the political activity of any person or organization.

‘See, 221. Appointment of Military Personnel in the Civil Service System. - it shall be unlawful
for any member of AFP in the active service to be appointed or designated in any capacity to any
civilian position in the govamment, state universities and colleges, government-owned and -controlled
corporations with original charters or created under special laws, and local government units,

Sec. 222. Additional or Double Compensation. - No elective or appointive public officer or
‘employee shail receive additional, double. of indirect compensation, uniess specifically authorized by
law, no: accept any present, emolument, office, or tile of any kind from any foreign government

unless alowed by law.
Pensions, gratuities or honoraria shall not be considered as additional, double or indirect

‘compensation,

Sec. 223. Detail or Reassignment. - Except when the exigencies of the service require, no public
officer or employee of the government shall be detailed or reassigned three (3) months bofore any
focal or national election

‘Sec. 224, Courtesy Resignation. - It shall be unlawful for any public officer, elective or appointive,
to require public officers and employees within his/her Jurisdiction to submit courtesy resignations for
whatever reason or purpose.

Sec. 225. Appointment and/or Transfer of Officers and Employees of Oversight Agencies.
Unless allowed by the Commission in meritorious cases, heads of oversight agencies and their staff
are prohibited from transferring or being appointed to any position inthe
department/agency/office/local government unit which his/her unit is assigned or designated to
oversee within one (1) year afer termination of such assignment or designation,

BOOK VI, MISCELLANEOUS PROVISIONS
Title | - Termination of Employment

Chapter 1
Modes of Termination
Ske. 226. Modes of Termination. - The following are modes of terminating employment in the
government;
(a) Resignation - A public officer or employee shall be considered separated from the
service effective on the date of acceptance of the resignation by the officer authorized

tode so

(b) Candidacy - An appointive public officer or employee shall be ipso facto separated
from the service on the date of filing of the certificate of candidacy for an elective
position,

(©) Death - Upon proof of death, the public officer or employee shal! automatically bo
recorded as separated from the service.


a.

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(d) Permanent Disability - In case of permanent disability which shall render the public
officer or employee incapable of performing the official duties, the department or
‘agency head may terminate such pubilc officer or employee.

(2) Expiration of Period of Employment - The services of a publc officer or employee
appointed for @ fixed period, or for a specific project or whose appointment is
Coterminous with the appointing officer shall be terminated upon the expiration of the
period of employment, completion of the project, or at the ens of the term of the
Sppointing officer. unless otherwise earlier valicly separated.

() Dropped from the Service - A public officer or employee who goes on leave without
proper authority or fails to retum to duty after the expiration of the authorized leave,
without valid reasons, and for other grounds under existing rules, shall be dropped
from the serviea in accordance with the regulations promulgated by the Commission

() Conviction - The services of the public officer and employes shell be considered
terminated upon conviction by final judgment of a crime where the penalty carries
with it the accessory penalty of perpetual or temporary absolute or special
disquaiifcation to held public office.

(h) Retirement - Any public officer or employee who reaches the compulsory retirement
age and meets the service requirement shall be retired under the provisions of the
Retirement Law, unless hisiher sorvices is extended by the Commission in
accordance with its rules and regulations. Optional retirement pursuant to law
likewise terminates official relations.

() Expiration of Temporary Appointment - The services of a public officer or employee
with temporary appointment shall automatically be terminated upon the expiration of
the appointment

() _Disapproval of Aopointment - The services of a public officer or employee is
considered terminated upon the final disepproval of the appointment by the
Commission

Sec. 227. Reduction in Force. - The head of a department or agency may reduce its stat due to
lack of work or funds or due to # change in the scope or nature of an agency's program, or as a result
‘of reorganizetion, subject fo the rules and regulations which the Commission shall prest

Title ll - Fees and Authority to Administer Oaths
Chapter 1
Fees

Sec, 228, Authority to Collect Fees. - The Commission may collect and charge fees for civil
service examinations, certification of civil service ratings, service records, appeals in disciplinary and
hon disciplinary cases, training courses, seminars and workshops in personnel management, and for
Services rendered on other civil service matters. For this purpose. the Commision shalt prescribe
Standard and reasonable rates for such examination, certifications, training courses, seminars and
workshops and other aclivities or services, the fees for which are not provided by law or regulstion.
No feas shail be collected in exarrinations given for the selection of scholars.

Chapter 2
Authority of Public Officers to Administer Oaths, Take Testimony, and Prosecute Cases in
Court.
‘Sec. 228. Who May Administer Oaths. - The Chairperson and Members of the Commission, public
officers occupying third level positions and other public oficers and employees of the Commission
‘nd other departments or agencies designated in writing by the Chalrperson, may administer oaths as
may be necessary in a transaction of an official business and take a testimony in connection with any
authorized investigation.

Title til - Fiscal Autonomy and Use of Appropriations and Income

Chapter 1
iscal Autonomy

Sec. 230. Fiscal Autonomy. - The Commission shall enjay fiscal autonomy. I shall determine the
Gmount of its annual budget requirements for its operating expenses, and capital autlays which shail


<¢

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be proposed to Congress in accordance with existing budget laws. iis approved annual appropriatons
shall be automatically and regularly released,

Tho commixsion shall have the flexibilty to utlize its appropriations, and Its income, for
operating and capital expenses, acquisition, supplies, repairs and maintenance of afice equipment
and facilities subject to provisions of law.

Chapter 2
Authority to Use Appropriations and Income.

Sec. 231. Authority to Use Appropriations and income, - The Commission is hereby authorized
fo use such sums appropriated in the annual appropriations act, including all balances of existing
Waifcatons, to accounts payable of prior years which have not yet been reverted to unappropriated
Surplus, within @ period of two (2) years, as are niacessary to carry out the provisions of this Code,
The commesion is also authorized to augment any tem in its appropriations from savings actually
released for any official purpose al its discretion.

“The Commission is further authorized to directly use its income derived from fees, cost for
‘services it may assess and levy, and such other proceeds generated in the performance of its
famtons for te operating expenses, for personnel and organizational development as well as
acquisition, repair and maintenance of office eauipment, facililies and supplies

Title IV - Transitory Provisions
Chapter 1
Funding

‘Src. 232, Funding. - Funds neaded to carry out the provisions of this Code shall be taken fram
funds available in the Commission of in the absence of insufficiency thereof, from any lump sum
“appropriations to be included in the annual General Appropriations Act. The appropriation shall Cover
Tee Sherating expenses of the Commission including the Salaries, allowances and other emoluments
of all its public officers and employees in its central. regional and field offices and for its projects and
‘activities, subject to the accounting of such expencitures,

Chapter 2
Final Provisions
Sec.233. Abolished Offices. - All Commission public officers and employees whose offices
are abolished by virtue of the provisions of this Code shell be absorbed in the central, regional and
field offices of the Commission with no diminution of status, rank and salary.

‘SEC. 234. Liability of Appointing Authority. - No person employed in the civil service system in
wilful _violation of this Code shall be entitled to receive pay from the government. The appointing
Suihorty responsible for such unlawful employment shall be perscnally lable for the pay that would
have accrued had the employment been iawful. The disbursing public officers shal! make payment to
the employees of such amount from the salary of the public officers so liable.

Sec. 235. Liability of Disbursing Public officers. - Except as may otherwise be provided by law, It
Shall be unlawful for a treasurer or other fiscal public officer or employee to deduct any amount for
contributions or payment of obligations other than those due to the government or Its instumentalltes,

‘Sec. 236, Vested Rights, - Except as otherwise provided in this Code, rights vasted or acquired
tinder the provisions of the Civil Service Law, rules and regulations and any other Act prior to the
effectivity of this Code shail be respected

‘Sec. 237. Criminal Liability. - V/hoever makes any appointment of am@loys any person in wilful
Vielation of any provision of this Code or the rules and regulations issued thereunder; or whoever
Kormits fraud deceit or intentional misrepresentation of material facts concerning any civil service
traitor, or whoever violates, refuses or negiects to comply with any final decision or order of the
Commission, shail, upon conviction, be punished by a fine not exceeding Ten Thousand Pesos
{P10.000.00} or by imprisonmant of not less than three (3) years nor more than five (5) years or both
a the discretion of the court

The same penalty of fine or imprisonment or both as provided above and permanent
disqualiication from holding public office shall be imposed upon any appointing authority who wilfully


40

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

Sec, 238. Authority to Issue Rules. - The Commission shall promulgate rules and regulations and
Set quidelines and standards to implement the provisions of this Code which shall become effective
thirty (30) days after its publication in a national newspaper of general circulation

‘Sec. 239. Repealing Clause. - Republic Act No. 2260, Republic Act No. 6040, Presidential Decree
No. 807, Presidential Decree No. 1, Presidential Decree No. 1409, Executive Order No. 135. series of
4987, Executive Order No. 180 and Book V, Title 1, Subtite A on the Civil Service Commission of
Executive Order No. 292, series of 1987, and Section 2 of RA 6758 are hereby repealed. Section 24
of RA 6770, Sections 63, 77 and 79 of RA 7160, Section + of RA 8190 and Section 21 of RA 8551
‘are hereby amended or modified accordingly, and all laws, decrees, orders. circulars, rules and
regulations or any part thereof which are contrary to of incansistent with any provision of this Code
are hereby repealed or modified accordingly.

Sec. 240, Supplemental Applications. - The Rules of Court shall have supplemental application to
this Code.

Sec, 241. Separability. - It any provision of this Code or its application to any person or
circumstances is declared invalid, such declaration shall not affect the other provisions of this Code.

Sec. 242. Construction in Favor of Employees. - All doubts in the implementation and
interpretation of the provisions of this Code including its implementing rules and regulations shail be
resolved in favor of employees,

SEC. 243. Effectivity. - This Code shail take effect thirty (30) days following its pudiication in the
Offical Gazette or in a national newspaper of general circulation in the Philippines.

Approved,