‘SIXTEENTH CONGRESS avai
REPUBLIC OF THE PHILIPPINES ) 13 AUG 2013

FIRST REGULAR SESSION ) sy I 18 id,
HOUSE OF REPRESENTATIVES VS pap
‘

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No 24 00

EXPLANATORY NOTE

This bill seeks to codify all laws and relevant issuances governing the civil service
into a single, comprehensive statute, The goal is to finally have an ultimate legal authority
on the Philippine Civil Service System.

The Civil Service traces its history to the ancient Middle Eastern River civilizations
and to China which established an effective and centralized civil service. The Chinese
civil service system gave the Chinese Empire stability for over 2,000 years. It has served
‘as a 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, Executive issuances and rules and regulations issued by the Civil Service
Commission. The last major piece of legislation dealing with the Civil Service was
Executive Order 292, the Administrative Code of 1987.

Sadly, the pieces of legislation governing the Philippine Civil Service remain
scattered in different laws, decrees, and letters of instructions and executive orders. The
absence of a comprehensive civil service law has sometimes caused confusion among
civil servants, to say the least. Many laws overlap and some have become obsolete.

There is an urgent need to update and gather all civil service and related laws to
address the ever changing needs of the times.

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

The immediate passage of this bills eamestly requested.

Ve.

RUFUS‘. RODRIGUEZ

d

MAXIMO’B, RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B, Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No, 2400

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
Philippines in Congress assembled:

BOOK |, GENERAL PRINCIPLES
Title | - Policies on Civil Service System

Chapter 4
Declaration of Policy

SECTION 1. Short Title, - This Act shall be known as the "Civil Service Code of the
Philippines"

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 provide the enabling environment that will promote its integrity,
independence, productivity and excellence.
(0) Itis the policy of the State to promote the Constitutional mandate that:

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

(2) Public office being a public trust, public officers and employees must
be accountable to the people and live the principles of utmost
responsibility, integrity, loyalty, efficiency, patriotism, justice and
modesty in serving the people;

(8) Employment opportunities in the civil service system shall be equally
available to all qualified citizens;

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

(6) The Civil Service Commission, being the central personnel agency of
the government, shall administer the civil service system and provide
policies and guidelines on the recruitment and selection, utilization,
training and discipline of public officers and employees;

(6) The right to self-organization, collective negotiation and peaceful
concerted activities, including the right to strike in accordance with the
provisions of this code, shall be guaranteed and respected;



(7) Equal pay for work of equal value shall be guaranteed; and

(8) Actions on personnel matters shall be decentralized, with the different
departments and other offices or agencies of the government
delegating to their regional offices or other similar units, powers and
functions.

Chapter 2
Definitions of Terms

Sec. 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:

(a)

(b)
(c)

(a)

(e)
0)

(h)

0)

w
(m)

(n)

Agency refers to any department, bureau, office, commission,
administration, board, committee, institute, government-owned or —
controlled corporation with original charter, state university and college,
and local government unit.

Appointing authority refers to the person or body authorized by law to
make appointments in the civil service system.

Appointment refers to the document issued by the appointing authority
allowing the appointee to occupy the position stated therein and to perform
its functions and receive the corresponding compensation, It could also
refer to the selection by the appointing authority of an individual who is to
exercise the functions of the position,

Career Executive Service (CES) refers to the strong, stable, competent,
well-trained and highly motivated corps of career public managers that will
provide effective support to national development.

CESB refers to the Career Executive Service Board.

Career Executive Service Officer (CESO) refers to a person who has been
conferred a CES rank.

Chairperson refers to the Chairman of the Civil Service Commission.

Civil service refers to persons employed to carry out public services, in all
branches, agencies, subdivisions and instrumentalities of government,
including government-owned and -controlled corporations with original
charters or created under special laws, local government units, and state
universities and colleges.

Civil service eligible refers to a person who passed a civil service
examination or is granted civil service eligibility by law or by the Civil
Service Commission.

Civil service system refers to the policies, regulations, procedures,
practices and ethics that govern the manner in which laws are executed
and implemented, public affairs are managed and public services are
delivered in all branches, agencies, subdivisions and instrumentalities of
government, government-owned and -controlled corporations with original
charters or 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 to duties and responsibilities and require similar qualifications
that can be given the same title 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
reason of expertise not readily available from career personnel, to perform


(dd)

(ee)

(ff)

(gg)

highly specialized functions for a short duration, with a definite output,
having no employer-employee relation with the contracting agency.
Department refers to any of the departments in the Executive branch,
Congress, the Judiciary and any of the constitutional commissions.
Disciplining authority refers to the person or body authorized to suspend,
dismiss or discipline public officers and employees in the civil service
system.

Eligibility refers to the qualification acquired by an individual after passing a
civil 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 conducted by the Commission or any
agency authorized by law for the purpose of determining merit and fitness
for appointment in the civil service system.

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

Grievance procedure refers to the mechanisms of resolving employee
grievances and complaints.

Highly technical position refers to a position which requires the occupant to
possess skill or training in a supreme or superior degree, like that of a
scientist.

Job order refers to a contract of service of individuals or groups paid under
a lump sum appropriation for a short duration having no employer-
employee relation with the government,

Merit system refers to an organized mechanism by which the selection,
utilization, compensation, training, retention and discipline of employees in
the service are governed by comparative merit and achievement,
Personnel action refers to any movement of personnel in the civil service
system.

Policy-determining position refers to a position which vests in the occupant
the power to formulate policies for the government or any of its agencies,
subdivisions, or instrumentalities, like that of a member of the cabinet.
Position refers to a job title with a defined set of duties and responsibilities
to be performed by an individual either on full-time or part-time basis.
Primarily confidential position refers to a position where the occupant
enjoys more than the ordinary confidence of the appointing power but
bears such close intimacy which relieves the latter from misgivings of
betrayal of personal trust on confidential matters, like that of a private
secretary.

Public officers as distinguished from employees, refer to those whose
functions are managerial or executive in nature and above the division
chief level invested by law with a portion of the sovereignty of the state.
Qualification standards refer to the minimum requirements for a class of
position expressed in terms of education, training, experience, civil service
eligibility, physical fitness and other qualities required by the job.
Rank-and-file refers to employees occupying positions in the first and
second levels,

Reorganization refers 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.



(hh) Solo parent refers to any individual who falls under any of the categories
as enumerated in R.A. 8972, otherwise known as the Solo Parents
Welfare Act of 2000.

(i) Strike, for purposes of this code, refers to a concerted 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

SEc. 4. Rights. - Public officers and employees in the civil service system shall have the
right to:

(a) Security of tenure;

(b) Exercise the authority attendant to their positions;

(C) Enjoy leave, welfare, retirement and other benefits and services;

(4) — Self-organization or to form and join unions, associations, federations,
confederations or societies for purposes not contrary to law;

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

(f) Enjoy such other rights provided by law.

Sec, 5. Obligations. - Public officers and employees in the civil service system shall:

(a) Uphold and defend the Constitution and laws of the Republic of the
Philippines;

(b) Take and subscribe to an oath before assumption of office;

(c) Be accountable at all times to the people, and serve them with utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and
justice and lead modest lives;

(4) Discharge their duties faithfully and maintain the required level of
productivity of their positions for the benefit of the public;

(e) Submit upon assumption to duty and as often as may be prescribed by
law, a sworn statement of assets, liabilities and net worth and disclosure of
business interests and financial transactions;

() Identify 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

(@) Undertake programs of self-development to improve their performance and
levels of service.

Title Il - Scope of the Civil Service System

Chapter 4
Positions in the Civil Service System

Sec. 6. Coverage. - The civil service system embraces all branches, agencies,
subdivisions and instrumentalities of government, state universities and colleges,
government-owned and -controlled 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 system, adopt measures to promote morale, efficiency, competency, integrity,
honesty, responsiveness, progressiveness, courtesy and gender sensitivity, strengthen
the merit and rewards system, integrate all human resource development programs for all
levels and ranks therein and institutionalize a management climate that promotes good
working conditions and public accountability

Sec. 8. Categories of Positions. - Positions in the civil service system shall be
categorized as career and non-career.

Sec. 9, The Career Service. - The career service shall be characterized by (a) entrance
based on merit and fitness to be determined, as far as practicable, by competitive
examinations or on highly technical qualifications; (b) opportunity for advancement to
higher career positions; and (c) security of tenure which is also based on performance,
mechanics of which shalll be formulated by the Commission.

SEC. 10. Positions Included in the Career Service. - Positions in the career service
include the following
(a) Open career positions - appointment to which requires qualification in an
appropriate examination or other modes in accordance with law;
(b) Closed career positions - positions that are scientific or highly technical in
nature, which maintain their own merit systems, such as the following:

(1) “Faculty and academic staff of state universities and colleges or
scientific and 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 Department of Foreign Affairs, the judges and
justices in the Judiciary and the prosecutors in the prosecution
services;

(4) Uniformed and commissioned personnel of the Philippine National
Police;

(©) Permanent laborer, whether skilled, semi-skilled, or unskilled

SEC, 11. Classes of Positions in the Career Service. - Positions in the career service
shall be grouped as follows:

(a) First Level - includes clerical, trades, crafts and custodial positions whether
in a non-supervisory or supervisory capacity;

(b) Second Level - includes professional, highly technical, scientific or other
highly specialized positions in a supervisory or non-supervisory capacity
requiring at least a baccalaureate degree or its equivalent as determined
by the Commission; and

(c) Third Level — includes the highest-level positions in the career service as
determined in the Position Classification and Compensation System.

Except as otherwise provided in this Code, entrance to the first two levels shall be

through competitive or special examinations to be given by the Commission. Entrance to
the third level shall be based on qualification requirements prescribed by the Commission
through the CESB. Entrance to a higher level does not require 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; (b) tenure which is limited to a period specified by law; (c)
tenure which is coterminous with that of the appointing authority or subject to his/her
pleasure or which is limited to the duration of a specific project for which purpose of
employment was made; and (d) the primarily confidential nature of the position

SEC. 13. Positions Included in the Non-Career Service. - The non-career service
shall include the following

(@) Elective officers and their personal and primarily confidential staff;

(b) Department heads and other officers of Cabinet rank who occupy their
positions at the pleasure of the President and their personal and primarily
confidential staff;

(©) Chairpersons and members of constitutional commissions and other
commissions, boards and other bodies with fixed terms of office and their
personal and primarily confidential staff;

(d) Non-career undersecretaries and non-career assistant secretaries and
their personal and primarily confidential staff;

(e) Contractual personnel or those whose employment is in accordance with a
special contract for a maximum period of one year to undertake a specific
work or job which requires special knowledge and/or technical skills not
available in the employing agency;

(f) Those whose positions may be declared as personal and primarily
confidential by the Commission; and

(9) Emergency, casual and seasonal personnel,

Title Ill - The Civil Service Commission

Chapter 1
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-born citizens of the Philippines, and at the time of
their appointment are at least thirty-five (35) years of age with proven capacity for public
administration and must not have been candidates for any elective position in the
elections immediately preceding their appointment,

As far as practicable, one of them must be a lawyer and the composition of the
Commission must be gender balanced

Sec. 16. Terms of Office. - The Chairperson and Commissioners shall be appointed by
the President subject to confirmation by the Commission on Appointments for a 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 Commissioners
shall be fixed by law and shall not be decreased during their tenure.

SEC. 18. Prohibition. - No Member of the Commission shall, during their tenure, hold
any other office or employment except when expressly provided by law. Neither shall
he/she engage in the practice of any profession or in the active management or control of
any business which in any way be affected by the functions of his/her office, nor shall
helshe 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, or
instrumentalities, including government-owned or controlled corporations.

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

(a)

(b)

(e)
)

(9)
(h)

0)

(k)
())

(m)

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 civil service system;

Prescribe, enforce and amend rules and regulations for carrying into effect
the provisions of this Code and other pertinent laws which shall become
effective thirty (30) days from the date of publication in the Official Gazette
or in a national newspaper of general circulation;

Promulgate its own rules concerning pleadings and pra before it or
any of its offices, which shall not diminish, increase or modify substantive
rights;

Promulgate policies, standards and guidelines for the civil service system
and adopt plans and programs to promote ethical, efficient and effective
personnel administration in the government including innovative systems
and mechanisms to ensure feedback from the public;

Formulate policies and regulations 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 not limited to, the provision of personnel and
security, the use of buildings and facilities, as well as the transportation of
examination materials;

Grant civil service eligibility to qualified applicants based on civil service
examination results, performance, training, education, qualifications and
other similar standards, subject to the guidelines it may prescribe;
Prescribe all forms for civil service examinations, appointments, reports
and such other forms as may be required by law and the rules and
regulations of the Commission;

Declare, when appropriate, positions in the civil service system as primarily
confidential, highly technical or policy-determining;

Formulate, administer and evaluate programs relative to the recruitment
and selection, development and retention of a qualified 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 it directly or on appeal, including disciplinary matters, contested
appointments or personnel actions. The decisions, orders or ruling of the
Commission may be brought by the aggrieved party to the Supreme Court
only on certiorari,

Issue subpoena ad testificandum (process directing the attendance of
witness) and/or subpoena duces tecum (process directing the production
of documentary evidence);



(0)

(p)

(q)

(r)
(s)

)

(v)
(w)
(x)
(y)

(2)

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 or
failure to comply with the decisions, orders, rulings or processes and
proceedings of the Commission;

Delegate any power or function of the Commission to its regional or field
offices;

Review decisions and actions of its offices;

Enforce and execute its decisions, orders and rulings, and for this purpose,
deputize any national or local law-enforcement agency or 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 audit the personnel actions and programs of the departments,
agencies, bureaus, offices and instrumentalities of government, state
universities and colleges, government-owned and ~controlled corporations
with original charters or created under special laws, local government
units;

Prescribe rules and policies on employee organizations and regulate
employee-management relations including the settlement of disputes;
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, graft-free
public service;

Reorganize or effect changes in its organization, within the limits of its
appropriations, including the creation, merger or consolidation, splitting or
division and abolition of offices and positions; and

Exercise all powers and perform the functions properly belonging to a
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 Commission. They shall promote the development of a

creative, productive and competitive workforce

The Chairperson shall be the chief executive officer and shall perform the

following functions.

(1) 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
made by the commission and enforce decisions on administrative
discipline involving them;

(4) Submit the annual budget of the Commission to Congress for its
approval;

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



10

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

(a) Office of the Assistant Commissioners;

(b) Commission Secretariat;

(c) Office for Legal Affairs;

(d) Examination, Recruitment, and Placement Office;
{e) Personnel Policies and Standards Office;

(f) Human Resource Development Office;

(g) The Civil Service Institute;

(h) Personnel Relations Office;

(i) Public Assistance and Information Office;

(i) Personnel Records Management Office;

(k) Office for Planning;

(I) Office for Financial and Assets Management ;
(m) Office for Personnel Management;

(n) Regional Offices/Field Offices; and

(0) 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 review and program development. This office shall also handle special
projects and maintain external linkages as may be deemed necessary by 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 includes efficient information management and maintenance of
all records, decisions, policies, pronouncements and issuances of the Commission

COMSEC shall also be the main liaison between Central Office and the Regional
Offices. This function includes 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 and assistance in the exercise of its rule-making, policy-formulation,
prosecution, quasi-judicial and other functions.

SEC 25. The Examination, Placement and Recruitment Office. - The Examination,
Placement and Recruitment Office (ERPO) shall take charge of developing, enhancing,
controlling, supervising and coordinating pertinent schemes in the granting of civil service
eligibility such as but not limited to administration of Civil Service examinations, It shall
also take charge of formulating programs, policies, 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 (PPSO) shall take charge of the formulation and periodic review of


"1

qualification-, performance- and promotion-standards within the context of the merit and
rewards policies of the various closed and open career systems.

It shall also develop policies, programs and regulations 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, administer and evaluate HRD programs and
policies relative to the development and retention of a qualified and competent work force
in the public service. It shall also be responsible for 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 shall be responsible for the design
and administration of the Commission's human resource development and 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 including 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 internal 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 carrying-out its dual role of information dissemination as
well as feedback generation on operations, programs and thrusts of the Commission.

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

PRMO shall also be responsible for the management of incoming and outgoing
‘communications of the Commission.

SEC. 32. The Office for Planning. - The Office for Planning (OP) shall be responsible
for the formulation, implementation and monitoring of the long-term Strategic Plans of the
Commission. It shall provide technical support and assistance to the Commission on
organizational planning, 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 maintenance of communication and information systems vital to the
internal operations of the CSC as well as to the decision-making functions of the
Commission.


12

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
fecruitment and selection, employee welfare and discipline in the Commission

SEC. 35, The Regional Offices/Field Offices. - The Regional Offices shall enforce Civil
Service rules, policies and standards on personnel management within their respective
regional jurisdictions. They shall provide technical advice and assistance to government
offices and agencies regarding personnel administration such as but not limited to
examination and placement, career development, appointments, filing/resolution of legal
cases, audit, and 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 on 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 shall be based on merit and fitness which shall include integrity,
demonstrated managerial and executive competence, leadership and. interpersonal
qualities, technical expertise and other pertinent qualifications.

The CES shall be governed by a separate merit system characterized by rank
rather than position; compensation based on rank and advancement to a 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
shall 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. It shall be responsible for the
development, maintenance and administration of the Career Executive Service.

SEC. 40. Composition of the Career Executive Service Board, - The CESB shall 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 Philippines-National College of Public Administration and
Governance, ex-officio member, the president or duly designated representative of a
nationwide association of career executive service officers; the president or duly
designated 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 a retired CESO, both with terms of three (3) years.



13

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

Sec. 41. The Career Executive Service Secretariat. - The Career Executive Service
Board (CESB) shall be assisted by the Career Executive Service Secretariat. It shall be
headed by an Executive Director and assisted by a Deputy Executive Director both of
whom shall be appointed by the CESB, and shall be responsible for the implementation of
the policies, rules, regulations, decisions, directives of the 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 responsibility and other relevant
considerations as determined by law and rules of the Board.

‘Sec. 43. Conferment of Appropriate Rank in the CES. - Conferment 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, Personnel Mechanisms. - The CESB shall develop policies, design standards
and personnel mechanisms for the Career Executive Service.

Sec. 45. Compensation. - Members of the CES shall be compensated according to rank
in accordance with the CES compensation plan and shall be provided with attractive
salaries, fringe benefits 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 his/her rank increases. However, in case a
CESO occupies a CES position not appropriate to his/her rank, said officer shall receive
the higher compensation. In no case shall a CESO receive compensation lower than that
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 and mobility
CESOs who may be involuntarily separated from their assignments shall, as far as
practicable, be given new assignments commensurate to their qualifications.

Sec. 48. Administration of a Compensation Plan. - The CESB shall prepare,
administer and periodically review a compensation plan 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 at 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.


14

‘SEC. 51. Career Undersecretary and Assistant Secretary. - At least 50% of the total
number of positions of Undersecretary and Assistant Secretary shall be career with each
level accordingly represented.

The President shall appoint CESOs to both career and non-career Undersecretary
and Assistant Secretary positions.

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

BOOK Il, PERSONNEL POLICIES AND STANDARDS
Title |- On Employment

Chapter 4
Recruitment

Sec, 52, Policy. - Recruitment in the civil service system shall be made on the basis of
merit and fitness to perform the duties and assume the responsibilities of the position, to
be determined as far as practicable by competitive examination administered by the
Commission. Every Filipino citizen shall have equal access to or opportunities for public
service regardless of, among others, religious belief, color, sex, sexual-orientation,
regional origin or ethnic affiliation. Measures shall be adopted to include qualified
members of indigenous cultural communities, and other minority groups and differently-
abled persons for recruitment and selection

Sec, 63. Kinds and Frequency of Civil Service Examinations. - Examinations may be
written, oral, physical, testimonial based on performance or skills or a combination of
these types. Examinations may 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 eligiblities to passers of the same.

The Commission shall conduct civil service examinations as often as the exigency
of the service requires, Civil service special examinations may be conducted upon
request of a particular department or agency, subject to rules and regulations
promulgated by the Commission.

SEC. 54, Qualifications of Applicants to Civil Service Examinations. - Admission to
civil service examinations shall be limited to citizens of the Philippines who satisfactorily
meet the requirements prescribed 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 civil service eligibility

Sec, 56. Simultaneous Release of Examination Results. - The results of an
‘examination held in various locations on the same date shall be released simultaneously.

Sec. 57. Registers of Civil Service Eligibles. - The Commission shall 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.



15

Sec. 58. Bar or Board Examinations as Eligibility. - Successful examinees of bar or
board examinations requiring completion of baccalaureate degrees or courses requiring
not less than seventy-two (72) units of collegiate subjects or its equivalent as well as
those registered under their respective boards to practice their professions without
examination, shall automatically be considered civil 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. 59. Effectivity and Imprescriptibility of Civil Service Eligibility. - Eligibilities
resulting from civil service, bar or board examinations shall be effective on the date of the
release of examination results. Other eligibilities granted by the Commission shall be
effective on the date of the grant.

Civil service eligibilities shall be imprescriptible

‘SEC. 60. Invalidation of Civil Service Examination Results. - The Commission shall
have the authority to invalidate civil service examination results based on statistical
improbability and other forms of irregularity as determined by the Commission.

Sec, 61. 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 facilities, 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 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 or
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 persons 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 shall 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 all levels shall 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 for 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,


16

by competitive examination, 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 appoint.

Sec. 68. Qualifications for Appointment. - Appointment in the civil service system
shall be limited to citizens of the Philippines who are at 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 shall be entitled to receive salary at once without awaiting the
approval of his/her appointment by the Commission. Such appointment cannot be
withdrawn or cancelled by the appointing authority and shall remain in full force and effect
unless disapproved by the Commission. However, an appointment issued through
fraudulent means or in violation of law, shall be void from the beginning

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 from
the date the appointee assumes the duties of the position.

No public officer or employee shall 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
concerned. Moreover, the services rendered by the said person shall not be credited as
government service.

If the appointee does not assume office within thirty (30) days from date of receipt
of approved appointment, said appointment shall be deemed automatically cancelled

If the appointee is not 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-Graft and Corrupt Practices Act) and other criminal and administrative
sanctions.

SEc. 70. Appointment Form. - An appointment shall be issued in the form prescribed
by the Commission.

SEC. 71. Submission of Appointments and Oaths of Office. - All appointments in the
civil service system, except those issued by the President and those of the Armed Forces
of the Philippines, shall be submitted to the Commission for approval not later than thirty
(30) days from the date of issuance thereof. Such approval shall be indicated below the
signature of the appointing authority; otherwise, 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 shall establish a Merit
Promotion Plan, 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 set by the Commission. Whenever there is a qualified civil service


7

eligible willing and actually available for appointment, no appointment shall 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 requirements for
appointment or, to non-eligibles who meet all the other mandatory requirements for a
particular position.

A person with a civil service eligibility acquired by passing an examination shall be
qualified for a position requiring a lower level eligibility if he/she possesses the other
requirements for appointment to such position.

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

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

The establishment, administration and maintenance of qualification standards
shall be the responsibility of the department or agency concerned, as promulgated by the
Commission.

Chapter 3
Status of Appointment

SEC. 75. 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 a person who
meets all the requirements for permanent appointment be issued a
temporary appointment 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
actually available for appointment as certified by the Commission, a non-
eligible shall not be appointed even in a temporary capacity to any vacant
position in the career service.

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

‘A temporary employee shall not be removed except for cause
during the one (1) year period: Provided, that he/she may be replaced at
any time within the same period, only by a qualified civil service eligible, In
the latter case, the appointing authority 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 but shall occupy a temporary
vacancy while the regular occupant thereof 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.

(4) Coterminous — an appointment issued to a person whose entrance and
continuity in the service is; (1) based on the trust and confidence of the



18

appointing authority or of the head of the organizational unit where he/she
is assigned; (2) limited by the duration of the project; or (3) co-existent with
the life span of the agency or office created.

(e) Contractual — an appointment issued to a person for services in
accordance with a special contract to undertake a specific work requiring
special or technical skills unavailable in the employing agency, to be
accomplished within one year. The contractual employee shall perform the
specific work under his/her own responsibility with minimum direction and
supervision from the hiring agency. No contractual appointments:
corresponding to plantilla positions shall be issued

(f) Casual — an appointment issued to a person for services in an emergency
‘or during a peak work period to positions which do not have regular items
in the plantilla of personnel of the department or agency. A casual
appointment shall not exceed twelve (12) months.

Casual employees who have been in the service for an aggregate
of three (3) years who meet 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

(g) Provisional - an appointment issued to a teacher who meets all 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 an aggregate number of three (3) years in the same position except in meritorious
cases as determined by the Commission.

Sec, 76. Job Orders/Contract of Services and Consultancy. - The appointing
authority may enter into service contracts such as job orders/contract of services and
consultancies wherein no employer-employee relation exists which contract shall be
submitted to the Commission within thirty (30) days from execution of the contract for
monitoring and record purposes.

Sec. 77. Rationalizing Casual, Contractual Services, Consultancy, and Job
Orders/Contract of Services. - The Commission 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. It shall include original appointment, promotion, transfer, reinstatement,
reemployment, reappointment, renewal, change of status, upgrading or reclassification,
demotion and other related action. Personnel actions shall be in accordance with the
tules, 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.

The appointee shall undergo a probationary period of six (6) months during which
he/she shall undergo a thorough assessment of his/her performance and conduct. His/her
services can be terminated anytime during said period for unsatisfactory conduct or want


19

of capacity. The order of termination shall be served through personal notice or through
constructive notice and shall no longer be appealable.

SEC. 80. Promotion. - is the movement of an employee to a higher position within the
same department or agency with corresponding increase in duties and responsibilities,
usually accompanied by an increase in salary.

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

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 involve a position of
higher, equivalent or lower rank, level or salary, without break in the service. Transfer
requires the issuance of an appointment.

SEC. 82. Reinstatement. - is the automatic restoration of a person to a position from
which he/she was illegally separated with back salaries including allowances and benefits
except representation and transportation allowances (RATA) and uniform allowance not
to exceed five (5) years reckoned retroactively from the date of actual reinstatement.

SEC. 83. Reemployment. - is the appointment of a person who has been previously
appointed to a position in the government service after separation therefrom
Reemployment presupposes gap in the service

SEC. 84, Reappointment. - is the issuance of an appointment during reorganization,
devolution, or similar events. Reappointment presupposes no gap in the service.

SEC, 85. Renewal, - is the subsequent appointment issued immediately upon the
expiration of a temporary, contractual or casual appointment, if a qualified eligible is not
willing and actually available, as certified by the Commission. Renewal presupposes no
gap in the service.

Sec. 86. Demotion. - is the movement from one position to another within the same
department or agency involving the issuance of an appointment with diminution in duties,
responsibilities and status or rank, Demotion due to the exigency of the service shall not
involve reduction in pay: Provided, that such demotion shall require the consent of the
public officer or employee concerned, Voluntary demotion and demotion as a penalty
shall be at the hiring rate of the lower position

Sec. 87. Reclassification. - is the appointment that comes as a result of a change in the
classification of a regular position due to material and substantial changes in duties and
responsibilities of the position without change in status and regardless of the
qualifications of the holder of said position.

SEC. 88. Personnel Movements. - The issuance of an appointment is not needed in
personnel movement involving no change in position title, rank or status if the existing
appointment does not specify the workstation. Such movement may include the
following:

(a) Change in item number only

(b) Salary adjustment

(c)  Step-increment

(d) Upgrading (same position)

Notice of such adjustment or movement shall be submitted to the Commission
within thirty (30) days from issuance thereof.


20

Except for secondment, the following personnel movements do not require the
issuance of appointments but shall require office orders:

(a)

(d)

(e)

Reassignment - is the movement from one organizational unit to another
in the same department or agency, without reduction in rank, status or
salary of the employee. Reassignment from the official workstation without
the written consent of the employee shall not exceed one (1) year.
Otherwise, the reassignment shall be illegal

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

Reassignment of low-salaried employees should not result in

economic dislocation.
Detail - is the temporary movement of a public officer or employee from
one department or agency to another without the issuance of an
appointment but with the consent of both the mother and receiving
agencies and shall be allowed only for a maximum period of one year,
otherwise, the consent of the public officer or employee concerned shall be
necessary. Detail shall not result in reduction in rank, status or salary.

Detail which results in demotion in rank, status or salary or which
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 until the decision of
the Commission,

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

Job Rotation - is the sequential movement of an officer or employee from
one office to another or from one division to another within the same
agency as a means for developing and enhancing the potentials of people
in an organization by exposing them to the other work functions of the
agency. It shall be allowed only for a maximum period 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 concerned,

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

Designation - is the imposition of additional duties to be performed by a
public officer or employee which is temporary in nature and shall be
allowed only for a maximum of one (1) year. The choice of who shall be
the public officer or employee to be designated shall pass through regular
Promotion and Selection Board (PSB) proceedings; Provided, that next-in-
rank public officers or employees shall be designated to the next higher



2

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

The employee designated shall be entitled to the benefits accruing
to the position but shall continue to receive the salary of the position to
which he/she holds an appointment.

Sec. 89. Change of Status. - When a temporary public officer or employee acquires the
appropriate eligibility or becomes fully qualified to the position to which he/she is
appointed, the status of such appointment shall be changed from temporary to permanent
without issuing another appointment. However, such change shall be reflected in the
records of the Commission upon the notification by the agency concerned

Title I - 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 not qualified or whose
appointment is issued not in accordance with law.

Sec. 91. Adjudication of Contests on Appointments and Other Personnel Actions. -
All other cases on non-disciplinary personnel actions shall 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. - The decisions of heads of agencies on contests of appointments,
personnel actions and non-disciplinary cases are appealable to the Commission.

TITLE Ill - Agency Personnel Administration

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 Personnel Administration. - Each department or agenoy
shall establish a personnel office to be headed by a Human Resource Management
Officer (HRMO) who 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 mechanisms such as merit
promotion plan, incentives and rewards program, performance appraisal system,
incentives and rewards plan, training and development plan, grievance machinery, and
occupational and health plan, in accordance with the rules and regulations promulgated
by the Commission.

SEC. 98. Council of Human Resource Management Officers. - There shall be a
Council of Human Resource Management Officers (HRMO) to be composed of HRMOs
which shall serve as a clearing-house of information to stimulate the use of innovative


22

methods of personnel management and advocate for sound personnel policies for good
governance.

Chapter 2
Local Government Personnel Administration

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

Sec. 97. HRMO Positions in LGUs. - The position of HRMO shall be immediately
mandatory for provincial and city governments, and first and second class municipalities.
Third and fourth class municipalities shall create the HRMO position within three (3) years
from the effectivity of this Code, While the fifth and sixth class municipalities shall create
the same within five (5) years.

Chapter 3
Position Classification and Compensation

SEC. 98. Position Classification and Compensation System. - The Commission shall
develop and administer the Position Classification and Compensation System (PCCS)
which shall have two parts: the Position Classification Plan and the Compensation Plan.
The Position Classification Plan shall consist of the occupational groups and classes to
which positions are to be allocated or reallocated, and the rules and regulations for
implementation. The Compensation Plan shall 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 shall 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 shall apply to all positions in the civil
service system whether permanent or temporary, appointive or elective on full or part-
time basis now existing or hereafter created

Chapter 4
Personnel Inspection and Audit

SEC. 101. Purpose. - The Commission shall conduct periodic inspection and audit of the
personnel management programs of each department and agency to provide advice and
assistance in the development of constructive policies, standards and procedures to
improve 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;
d) Personnel action and employment status;
fe) Career and employee development;


23

(f) Performance evaluation systems;
(g) Employee suggestions and incentive award;
(h) Employee relations and service;

(i) 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 | - Human Resource Development

Chapter 4
Policy on Human Resource Development

Sec, 104, Policy. - There shall be an integrated program on human resource
development for all 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 accordance with Commission policies and standards.

Chapter 2
Training and Development

Sec. 105. Training and Development System. - The Commission shall promote
opportunities for training in skills enhancement and capability-building programs, local
and foreign scholarships, and other educational opportunities.

Sec. 106, Commission's Responsibilities for Training and Development. - 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 and equitable distribution of all 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 scholarship
committee shall be co-chaired by the Chairperson of the Commission and by the Director
General of the National Economic and Development Authority (NEDA). The Committee
Secretariat shall be based at the 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:

(@) Department of Foreign Affairs;


24

(b) Department of Education;

(c) University of the Philippines;

(d) Commission on Higher Education; and the

(e) Presidential Management Staff-Office of the President.

Sec. 108. Agency Responsibilities for Training and Development. - Each department
or agency shall be responsible for the development, implementation and evaluation of its
training and development plan as well as its gender and development plan in accordance
with policies and standards promulgated by the Commission

To carry out these responsibilities, each agency shall establish its own Personnel
Development Committee pursuant to the rules and regulations promulgated by the
‘Commission.

SEC. 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 avail of advisory assistance from its accredited training
institutions, professional organizations, public sector unions, federations, confederations
and non-government organizations (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 a Performance Appraisal System (PAS) for all appointive public officers
and employees which shall be the basis for incentives, rewards and recognition, training
and development, personnel actions, and administrative sanctions in all departments and
agencies.

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

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

Chapter 4
Incentives and Awards

Sec. 113. Rewards System. - The Commission shall promote the establishment of a
rewards system in the department and agencies It shall include incentives,
commendations and awards. The rewards system shall be granted individually or in
groups, for outstanding performance, exemplary conduct on the job, inventions, ideas or
suggestions, superior accomplishments and other extraordinary acts or services in the
interest of the public.

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

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


25

TITLE II « Personnel Relations in the Civil Service System

Chapter 4
Personnel Relations

SEC. 115. Declaration of Policy. - The Commission shall 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 their
respective departments and agencies.

The head of a department or agency shall be responsible for an effective
personnel relations program in the department or agency.

SEC. 116. Grievance Machinery. - Each department or agency of the Government, with
the assistance and approval of the Commission shall establish and administer a
grievance machinery to promote wholesome and desirable relations among employees
and between employees and management

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

A gfievance may be filed by aggrieved employees or by the employee
organization to which they belong in accordance with the guidelines issued by the
Commission.

Sec. 117. Right to Organize. - Government employees may form, join or assist
employee organizations of their own choice for the furtherance and protection of their
interests. Government employees may also form, in conjunction with appropriate
government authorities, employee management committees, work councils and other
forms of employee participation schemes

However, uniformed personnel of the Philippine National Police (PNP), Bureau of
Fire Protection (BFP) and Bureau of Jail Management and Penology (BUMP), cannot form
or join rank-and-file employee organizations for purposes of collective negotiations.

Public officers and employees whose functions are primarily managerial or
confidential in nature cannot form or join employee organizations for purposes of
collective negotiations.

SEC. 118, Protection of the Right to Self-Organization. - Government employees
shall not be discriminated against by reason of their membership in employee
organizations or participation in the normal and legitimate activities of such organizations.
Employment in the civil service system shall not be subject to the condition that the
individual shall not form or join any employee's organizations.

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

Chapter 2
Employee Organization

SEC. 119. Registration of Rank-and-File Employee Organizations. - Rank-and-file
employee organizations shall register 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 employee
organization in an agency that has the support of the majority of the total rank-and-file
employees shall be accredited by the Commission as the sole and exclusive employee
representative. In cases when there are two (2) or more registered employee
organizations in an agency, the Commission, upon petition, shall conduct a certification


26

election and shall certify the employee organization who garnered the majority vote as the
sole and exclusive representative of the rank-and-file employees in the said agency.

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

Sec. 121. Accreditation of Employee Federation in an Agency. - Registered
employee organizations within a given agency may federate and shall be accredited as
the sole and exclusive bargaining representative of the employees; Provided, its
aggregate total membership constitute the majority of the total rank-and-file employees in
the agency.

SEC. 122. Collective Negotiations. - Except those that are fixed by law, terms and
conditions of employment in the government service may be the subject of collective
negotiations between duly accredited employee organizations and the appropriate
government authorities

Collective negotiations agreements shalll be registered with the Commission.

Chapter 3
Settlement of Disputes

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

A. Arbitration - refers to the process whereby a third party (individual
arbitrator), a board of arbitrators, or an arbitration court not 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 - a method resorted to when the dispute has become
hardened and irreconcilable and remains unresolved after
exhausting all the available remedies under existing laws and
procedures.

B. Conciliation - refers to the process whereby a third party (conciliator)
brings the disputing parties together, encourages them to discuss their
differences and assists them in developing their own proposed solutions.

C. Mediation - refers to the process whereby a third party (mediator) is more
active in assisting the disputing parties reach acceptable solutions to the
problem/s and help them develop or come out with an acceptable solution
‘The mediator may submit proposal/s for the settlement 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 shall be settled through conciliation, mediation and
arbitration. The Commission shall be responsible in providing conciliation and mediation
services, In case any dispute remains unresolved, the Commission shall certify the
same to the Public Sector Labor Management Council (PSLMC), which shall resolve and
settle it within the period of sixty (60) days from receipt thereof.

However, the parties may opt to submit the issue for voluntary arbitration, the
decision of which shall be final and unappealable


a7

Chapter 4
Public Sector Labor-Management Council

SEC. 125, Public Sector Labor-Management Council (PSLMC). - Public Sector Labor-
Management Council (PSLMC) is hereby constituted to be composed of the following:
(a) Chairperson, Civil Service Commission — Chairperson;
(b) Secretary, Department of Labor and Employment - Vice Chairperson
(c) Secretary, Department of Finance - Member;
(d) Secretary of Justice - Member,
(e) Secretary, Department of Budget and Management ~ Member; and
(f) 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 Universities (SUCs), to be chosen by the employee organizations
concerned.

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

The employee representatives, who may also designate their permanent
alternates, shall serve for a term of two (2) years or until their successors shall
have been appointed or elected. In no case, however, shall anyone of them serve
under holdover capacity for more than one (1) year.

The PSLMC may deputize 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 and administer the provisions of this Chapter.
For this purpose, the PSLMC shall 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:

(a) Unfair public sector labor and management practice;

(b) Representation issue;

(c) Disputes arising in the course of the conduct of collective negotiations;

(4) Disputes on issues resulting from the implementation of the grievance

machinery;
(e) Determination of the presence or absence of a strike;
() _ Inter-employee organization dispute;

(g)__ Intra-employee organization dispute;

(h) Employee organization election of officers;

(i

i) Disputes on issues resulting from the implementation of the provisions of
Collective Negotiations Agreement; and
i} Other analogous acts as 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, motu proprio, take cognizance of the same whenever
the interest of the service so demands.

When the main issue of a particular case is the consequence of a strike or
other concerted activities and the PSLMC has already assumed jurisdiction over
the same, no administrative or disciplinary action shall be instituted by the agency


28

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) Interfering with, restraining or coercing employees in the exercise of their
right to self-organization;

(b) Requiring as a condition of employment that an employee shall not form or
join an employee organization or shall withdraw from one to which he/she
belongs

(©) Discriminating in regard to work schedules, places of assignment and
other terms and conditions of employment in order to encourage or
discourage membership in any employee organization;

(4) Terminating the services or discriminating against any employee for having
signed or filed an affidavit, petition or complaint or given any information or
testimony against the head of the agency or members of top
management;

(e) Refusing to collectively negotiate in good faith with the accredited
employee organization;

() Violating any of the provisions of the Collective Negotiation Agreement;
and

(@) Other analogous acts as may be determined by the PSLMC

The following shall constitute unfair public sector labor and management practice
on the part of the employee organization:

(@) Restraining or coercing any employee to form or join an employee
organization or its activities, Employee organization shall have the right to
prescribe its own rules on the acquisition or retention of membership;

(b) Causing or attempting to cause the agency head or other officers to
discriminate against an employee who has not joined or has withdrawn
membership from the employee organization;

(c) Refusing to collectively negotiate in good faith with management;

(4) Violating any of the provisions of the Collective Negotiation Agreement;
and

(€) 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 employee organization, who participate in or authorize an unfair public
sector labor and management practice shall be held administratively liable and shall be

posed a fine of not less than P'10,000.00, or suspension not exceeding one year, or
both for such participation or grant of authority without prejudice to civil and criminal
liability,

SEC. 128. Writ of Preliminary Injunction or Temporary Restraining Order. - The
PSLMC, after notice and hearing, may issue a writ of preliminary injunction or temporary
restraining order which shall not last for more than twenty (20) days from issuance thereof
when, on the basis of the allegations in the petition, it is established that the acts
complained of involving or arising from any employee-management dispute, if not
restrained or performed immediately, may cause grave or irreparable injury to any party
or render ineffectual any decision of the PSLMC in favor of such party.

The PSLMC shall require the petitioner to post a bond and the writ of preliminary
injunction or temporary restraining order shall become effective only upon the approval of


29

the bond which shall answer for any damage that may be suffered by the party enjoined if
it is finally determined that the petitioner is not entitled to the ancillary relief prayed for.

SEC. 129. Grounds for Contempt. - The PSLMC may cite a person for contempt on
any of the following grounds:

(a) Disobedience or resistance to a lawful order, decision, ruling, summons or

subpoena or any other issuance of the PSLMC; or

(b) Unlawful interference with the proceedings of the PSLMC, improper

conduct tending directly or indirectly to impede, obstruct, delay or hamper
the implementation of any order, decision or ruling of the PSLMC.

The person so cited for contempt whether direct or indirect shall be punished by a
fine of not more than P1,000.00 for every act of contempt. Each day of defiance or
disobedience or non-enforcement of any issuance 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 executory unless a
motion for reconsideration is filed by the aggrieved party within fifteen (15) calendar days
from receipt of the decision and only on the basis of palpable or patent errors. The
PSLMC shall not entertain any 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
organization to strike, consistent with national interest and public service, shall be
recognized and respected: Provided, the striking organization shall ensure an effective
skeletal workforce whose movement and services shall not be hampered or restricted as
are necessary to guarantee the proper and adequate delivery of public service.

In view of the peculiar character of public service and considering that public office
is a public trust, the right of employees to strike may be allowed only as a last resort and
subject to the limitations herein provided.

Sec. 132. Who Can Strike. - Rank-and file employees of the agency where the
accredited employee organization belongs may join the strike subject to the provisions of
this code. Employees who join the strike shall not be entitled to payment of salary for the
period that they are on strike.

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

(a) Defense and security services including officers and employees belonging
to the Armed Forces of the Philippines (AFP), police, fire protection, jail
management and those engaged in the custody of prisoners and
detainees;

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

(c) Public utility services such as power and water supply, transportation, air
traffic controtlers, radar and radio controllers, lighthouse keepers and
harbor pilots; and

(d) Other analogous services to be determined by the Commission taking into
consideration public service and national interest.

SEC. 134. Grounds for Strike. - A strike may be declared on the following grounds:


30

(@) Unfair public sector labor and management practices committed by
management as provided for in this Code;

{b) _ Mismanagement or abuse of the management of the agency; and

(c) Graft and corruption,

SEc. 135. 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 be prescribed by the Commission which shall settle
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 thereof 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)-day period prescribed in the preceding Section or in case of failure to arrive at a
resolution of the dispute through conciliation or 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
employee organization may call a vote in order to declare a strike, The decision to
declare a strike must be approved by a majority vote of the total rank-and-file employees
of the agency where the duly accredited employee organization belongs. The same shall
be obtained through secret ballot in a meeting called for the purpose, The duly
accredited employee organization shall file with the PSLMC the results of the strike vote
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
PSLMG, it shall exert all efforts to settle the same through various modes of dispute
settlement in order to prevent the impending strike,

When there is a strike in a government agency, which affects national interest or
Public service, the PSLMC 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 strictly enjoined to comply with such
order as are issued by the PSLMC, under pain of disciplinary action

SEC. 139. Prohibited Activities. -

(a) 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 shall commit any act of violence, coercion
or intimidation or obstruct the free ingress to or egress from the agency's
premises for lawful purposes or obstruct public thoroughfares.

(c) 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;


31

(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 | - Personnel Benefits and Privileges

Chapter 4
Health and Other Services

SEC, 140. Policy. - The health, welfare, safety and security of every personnel in the
civil service system shall be the concem of the government. To this end, a
comprehensive occupational health program including medical, dental and other health
services shall be established, maintained, and made accessible for all personnel in the
civil service system. Each department or agency shall make provisions out of their
existing budgets for personnel health, welfare, medical and counseling services and leave
benefits and promote and develop occupational safety, sports and recreation programs
and similar services.

SEC. 141, Safety and Accident Prevention. - Each department or agency shall develop
and maintain a continuing occupational safety and accident prevention program for its
personnel

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

Sec. 143, Personnel Recreation. - Each department or agency shall provide facilities
for sports, recreational and cultural activities and shall encourage voluntary personnel
participation

Chapter 2
Leave Benefits

SEC. 144, Entitlement to Leave Privileges. - Appointive personnel of the government,
whether permanent, temporary, contractual or casual as well as elective officers, who
render the required number of office hours shall be entitled to an annual fifteen (15)-day
vacation and fifteen (15)-day sick leave with full pay exclusive of Saturdays, Sundays,
and public holidays.

SEC. 145. Leave of Absence of Part-time Personnel. - Public officers and employees
rendering service on a part-time basis are entitled to vacation and sick leave benefits
proportionate to the number of hours they served.

SEC. 146. Leave of Absence of Personnel on Rotation Basis, - Public officers and
employees on rotation basis shall be entitled to vacation and sick leave corresponding to
the length of service they rendered

Sec. 147. Forced/Mandatory Vacation Leave. - All appointive and elective public
officers and employees of the government with ten (10) days or more vacation leave
credits shall be required to go on vacation leave whether continuous or intermittent for a
minimum of five (5) working days annually.


32

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

Public officers and employees whose off-days do not fall on a Saturday or a
‘Sunday shall have their leaves of absence computed exclusive of their off-days.

Sec. 149. Rehabilitation Leave, - Qualified public officers and employees are entitled
to rehabilitation leave for illnesses and/or injuries which are job-related or which resulted
from or was aggravated by their working environment. Such leave, which should not
exceed six (6) months, shall be with full pay and benefits and shall not be charged
against accumulated vacation or sick leave credits of the personnel concerned, The cost
Of initial medical expenses such as emergency/paramedic services and initial ambulance
or transport services shall be borne by the agency of the public officer and employee
concerned, Substantive and long term medical expenses for therapeutic and
rehabilitation purposes shall be borne by the Philippine Health Insurance Corporation; the
Employee Compensation Commission (ECC) and the Government Service Insurance
System (GSIS) as the case may be and whenever applicable.

Sec. 150. Teachers’ Leave. - Other than those designated for continuous duty and
those covered by special charters, schoolteachers in government elementary and
secondary schools shall be entitled to vacation pay, They shall be entitled to service
credits for services rendered during the vacation period, including Saturdays, Sundays,
and holidays, in accordance with the rules and regulations prescribed by the Commission

Teachers shall also be entitled to annual seven (7) days sick leave, which shall be
non-cumulative and non-commutative.

SEC. 151. Leave of Elective Officers. - All elective officers shall be entitled to leave
credits granted to appointive officers and the cumulation and commutation of the money
value thereof,

Sec, 152. Leave Credits of Public Officers and Employees Covered by Special
Leave Laws. - The leave credits of the following personnel are covered by special laws:
(a) Justices of the Supreme Court, Court of Appeals and Sandiganbayan;
(b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial
Courts, Court of Tax Appeals and Shari'a Circuit Court; and Shari'a District
Court;
(c) The Chairperson and Commissioners of the Constitutional Commissions;
(4) Filipino personnel in the Foreign Service; and
(e) Other personnel covered by special laws.

Sec. 153. Maternity Leave. - Women in the government service, of whatever civil and
employment status and regardless of length of service shall, in addition to the vacation
and sick leave granted them, be entitled to maternity leave of sixty (60) calendar days for
normal delivery and seventy-eight (78) calendar days for delivery by caesarean section
for the first four deliveries or miscarriages.

Sec. 184, Paternity Leave. - A married man in the government service shall be entitled
to paternity leave of seven (7) working days for the first four (4) deliveries or miscarriages
of his legitimate spouse with whom he is cohabiting.

The paternity leave shall be non-cumulative and non-commutative.

Sec. 155. Adoption Leave. - Public officers and employees who legally adopt a child
below seven (7) years of age as of the date the child is placed with them shall be
entitled to adoption leave in the manner herein provided:


33

(2) Married individuals who are both in government shall be entitled to thirty
(30) calendar days for the adoptive mother and seven (7) calendar days
for the adoptive father.
(b) Solo parents of whatever gender or civil status shall be entitled to thirty
(30) calendar days,
Availment of adoption leave shall commence from the date the child is placed
with the adoptive parents, which shall not be earlier 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 leave privileges under

existing laws, parental leave of not more than seven (7) working days every year until the

child reaches the age of eighteen (18) years shall be granted to public officers and

employees who are solo parents and have rendered service of at least one (1) year.
Parental leave shall be non-commutative and non-cumulative.

Sec. 187. Special Leaves - Government public officers and employees, except those

covered by special leave laws, are entitled to special leaves, to mark personal

milestones and/or attend to filial and domestic responsibilities, not exceeding an

aggregate of three (3) days in accordance with guidelines to be set by this Commission.
Special leaves shall be non-commutative and non-cumulative.

Sec. 188, 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

Sec. 189. Commutation and Monetization of Leave Credits. - Accumulated leave
credits can either be commuted 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 leave credits have been commuted following their separation from the
service and were thereafter reemployed may refund the money equivalent of the unspent
portion of the commuted leave credits. In all cases, leave credits start from zero balance

SEC. 161. Transfer of Leave Credits of Appointive Personnel and Elective Officers.
- When appointive public officers and employees transfer from one entity to another, they
can have their accumulated vacation and/or sick leave credits commuted or transferred to
their new office.

The second option can only be exercised by the personnel concerned when there
are no gaps in their service. However, a gap of not more than one (1) month may be
allowed provided same is not due to the fault of the personnel concerned.

The abovementioned options of commutation or transfer of accumulated leave
credits can also be availed of by an elective officer assuming another elective post
However, these options are not applicable to the transfer of Armed Forces of the
Philippines (AFP) uniformed personnel to civilian positions.

Sec. 162. Prescriptive Period for Transfer of Leave Credits. - The option to transfer
accumulated leave credits can be exercised within one (1) year only from the effective
date of transfer of the appointive personnel to their new office, or to the assumption of the
elective officers in their new post.


34

SEC. 163, Leave without Pay. - Inno case shall 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.

Sec. 164, Terminal Leave. - Terminal leave refers to the total accumulated leave
credits of personnel, the money value of which shall be based not necessarily on the
latest salary rate but on the highest salary rate received at any time during the period of
employment in the government service.

Chapter 3
Retirement Ben

Sec. 165. Payment of Retirement Benefits on the Day of Retirement. - All personnel
are entitled to receive their retirement benefits provided for under existing laws on the day
of their retirement, The last agency-employer shall ensure that all the retirement
documents are in order six (6) months prior to the retirement of the said personnel. All
concerned agencies of the government shall render assistance in this regard.

All public officers and employees with pending administrative, disciplinary cases
who were eventually exonerated or cleared therefrom shall be entitled to payment of
retirement benefits immediately a day after the promulgation of the decision,

Sec. 166. Rate of Interest for Delay in Payment. - Should the retiree, through no fault
of his/her own, fail to receive the benefits on the day of retirement, the same shall earn
interest at the prevailing legal rate.

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

Sec. 167. Liability for Delay. - Agencies or their personnel who caused the delay in the
retiree's receipt of retirement benefits shall upon 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 without prejudice to the filing of administrative and criminal
cases against the personnel responsible 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 Il - Official Records and Work Days and Hours

Chapter 1
Personnel Records Information System

Sec. 168. Policy. - A government-wide personnel records system shall be established,
administered and maintained by the Commission

Each department or agency through its human resource management office, shall
establish, manage and maintain personnel records and statistics of all its personnel,

‘SEC. 169. Records of Employment. - The Commission shall keep and maintain official
records of all elective and appointive personnel regardless of their employment status.
The Commission shall likewise maintain statistics on their employment, accession and
separation.


35

Chapter 2
Work Days and Hours

SEC. 170, Observance of Work Days and Hours. - It shall be the duty of each head of
agency to require all personnel to strictly observe the prescribed office hours and to wear
identification cards, nameplates or the like bearing clearly and legibly their respective
names and positions when dealing directly with the public in the performance of their
respective duties or whenever they are within the premises of the office. When the head
of agency allows government personnel to leave the office during office hours and not for
official business or official time, the same shall be reflected in their time records and
charged to their vacation leave credits.

Sec. 171. Daily Record of Attendance. - Each head of department or agency shall
require a daily record of attendance of all personnel including those serving in the field or
on board a vessel, to be kept on the proper form and, whenever possible, registered on
the bundy clock or any mechanical, electrical, or electronic device.

Service *in the field” or "on board a vessel" shall refer to service rendered outside
the office which is the usual place of work.

Sec. 172. Recording of Attendance by Senior Public officers. - Agency heads, third
level positions shall record times of arrival at and times of departure from official
workstations, Absences from office shall likewise be properly recorded in the agency.

SEC. 173. Liabilities. - Falsification or irregularities in the keeping of time records will
render the personnel concerned administratively liable without prejudice to criminal
prosecution as the circumstances warrant.

Sec. 174. Forty Hour Workweek Requirement. - Personnel of all departments and
agencies except those covered by special laws shall render not less than forty (40) hours
of work a week, exclusive of time for lunch. As a general rule, such hours shall be from
eight (8) 0! clock in the morning to twelve (12) o'clock noon and from one (1) o'clock to
five (5) o'clock in the afternoon, all days except Saturdays, Sundays, and holidays
However, in the interest of the service, heads of agencies, particularly those with frontline
services, shall adopt measures to ensure that continuous service Is available even during
the 12:00 noon to 1:00 p.m. period

In the exigency of the service, or when necessary by the nature of the work of a
particular agency, the rescheduling or shifting of work schedule of a particular agency for
a number of working days less than the required five (5) days may be allowed by the
head of agency provided that government personnel render a total of forty (40) hours a
week and provided further that the public is assured of continuous delivery of service
from eight (8) in the morning to five (5) in the afternoon for the duration of the entire
workweek

SEC, 175. Flexible Working Hours. - Flexible working hours shall be enforced subject
to the discretion of the head of agency. In no case shall the weekly working hours be
reduced in the event the agency adopts the flexi-time schedule. In the adoption of flexi-
time, core working hours shall be prescribed taking into consideration the needs of the
service.

SEC. 176. Non-regular Working Hours. - A work schedule that deviates from that
which is provided in Section 175 hereof or that which extends well into the night may also
be allowed upon the discretion of the head of office, the need of the service, or the health
and welfare of the personnel concerned; Provided, that the forty (40)-hour workweek
exclusive of meal time, will not be reduced


36

Sc. 177. Flexible Working Place. Public officers and employees may be allowed to
work away from their official work stations subject to the discretion of the head of agency
and the nature of the functions of their positions. The Commission shall issue the rules
and regulations to govern the adoption of a flexi-work place. In no case shall the
adoption thereof affect the availability and the accessibility of government services.

Sec. 178. Persons in the Teaching Service. - All persons in the teaching service,
primary and secondary levels, are covered by the forty (40)-hour work-week requirement
and shall render not more than six (6) hours of teaching load every school day.

Sec. 179, Performance of Duties in Excess of Forty Hours of Those in Special
Occupational Groups. - When the nature of duties to be performed or the interest of
the public service so requires, the head of department or agency may require any or all of
the personnel to work in excess of the forty (40) hours, on Saturdays, Sundays and public
holidays, with either additional compensation or compensatory time/days-off; or the
accumulation of leave credits.

SEC. 180. Compensation for Authorized Work Beyond Forty Hours. - When the
interest of public service so requires, the daily hours of work for personnel may be
extended by the head of the agency concerned, which extension shall be fixed in
accordance with the nature of the work. Provided, that work in excess of forty (40) hours
a week must be properly compensated by payment of overtime whenever funds are
available for the purpose or through the grant of compensatory time or day/s-off or
through the accumulation of leave credits

Sec. 181. Compensatory Time or Day/s Off. - Grant of compensatory time or day/s off
shall be allowed for overtime services rendered subject to the rules to be promulgated by
the Commission.

BOOK V. DISCIPLINE
Title | - Administrative Discipline

Chapter 1
General Provisions

SEC. 182. Disciplinary Action. - No public officer or employee in the civil service
system shall be disciplined, suspended or removed from office except for cause as
provided for by law and after due process.

The following shall be grounds for disciplinary action:

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

(b) _Discourtesy in the course of official duties;

(©) Disgraceful or immoral conduct;

(d) Dishonesty;

(ec) Drunkenness;

(f) Engaging directly or indirectly in partisan political activities by one holding
a non-political office;

(a) Engaging in or supporting acts of insurrection, rebellion, sedition, and

other crimes against public order as defined in Title Three, Book Two of
the Revised Penal Code and commission of crimes against national
security and the law of nations as defined in Title One, Book Two,
Chapters One, Two, and Three of the Revised Penal Code;

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


37

i) Falsification of official documents;

Final conviction of a crime involving moral turpitude;

(k) Gambling prohibited by law;

() Illegal strike;

(m) Inefficiency and incompetence in the performance of official duties;
(mn) Insubordination;

(0) Neglect of duty;

(p) _Nepotism;

(@) Oppression;

(") Pursuit of private business, vocation or profession in violation of civil
service law, rules and regulations;

(8) Refusal to perform official duty or unjust refusal to render overtime service;

() Sexual Harassment;

(uy) Tardiness;

W) Unauthorized absences;

(w) Unauthorized use of government resources or properties;

(*) Unfair public sector labor and management practice;
(y) _ Unjustifiable delays in the payment of employee benefits;
(2) Violation of reasonable office rules and regulations; and
(aa) All other grounds for disciplinary action provided or may be provided for by
law,
Chapter 2

Disciplinary Jurisdiction

SEC. 183. Original Jurisdiction. - The heads of departments, agencies, bureaus and
instrumentalities of the national government, constitutional offices, the proper disciplining
authority of state universities and colleges, government-owned and -controlled
corporations with original charters or created under special laws, and local government
units.

They shall also retain original jurisdiction over public officers and employees who
are already separated from the service but who, while still in the service committed an
offense,

SEC. 184, Original Jurisdiction of the Commission. - The Commission shall have
exclusive administrative disciplinary jurisdiction over its public officers and employees. It
shall have concurrent original disciplinary jurisdiction over public officers and employees
of the departments, agencies, bureaus, state universities and colleges, government-
owned and -controlled corporations with original charters or created under special laws,
local government units.

The Commission may, motu proprio, initiate the investigation and filing of
administrative charges against public officers and employees who violate the provisions
of this Code and other pertinent civil service laws, rules and regulations, For this
purpose, the Commission shall conduct fact-finding investigations and require through the
issuance of subpoena duces tecum 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
disciplinary jurisdiction over offenses committed by their subordinate public officers and
employees,


38

Chapter 3
Procedures in Disciplinary Cases

‘Sec. 186. Commencement of Administrative Proceedings and Answer, -
(2) Administrative proceedings may be commenced motu proprio against a
subordinate public officer or employee by the proper disciplining authority
or head of department or agency or upon a 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,

(b) On the basis of the sworn written complaint and supporting papers filed by
any other person, the disciplining authority shall require the person
complained of to explain why no administrative case should be filed. If the
disciplining authority does not find a prima facie case, the complaint shall
be dismissed; otherwise, a formal charge shall be issued in accordance
with the provisions of this Code. The respondent shall be furnished with
copies of the complaint, sworn statements and other documents submitted

(©) In administrative proceedings initiated by the disciplining authority or head
of a department or agency, the formal charge shall be issued only after the
disciplining authority finds a prima facie case in accordance with the
provisions of this Code.

Sec, 187. Issuance of a Formal Charge. - The formal charge shall state the
specifications of the offense and shall require the respondent to submit an answer in
writing and under oath together with supporting sworn statements covering his/her
defense and those of witnesses together with the documentary evidence, if any. The
respondent shall be allowed at least seventy-two (72) hours but not more than five (5)
days from receipt of the formal charge to submit an answer and the affidavits of the
witnesses, if any, and shall be informed of his/her right to counsel and to indicate whether
or not he/she elects a formal investigation. In cases when the respondent submits a
request for clarification, a bill of particulars or a motion to dismiss which are obviously
designed to delay the administrative proceedings, the same shall be considered as
answer.

SEC. 188. Formal investigation. -
(2) If the respondent has elected a formal investigation, the disciplining
authority or the duly authorized representative shall conduct the formal
investigation with a notice issued within five (5) days from receipt of the

answer.

(b) Complainant and respondent may avail themselves of the services of
counsel and may require the attendance of witnesses by subpoena ad
testificandum and the production of documentary evidence through the
‘compulsory process of subpoena duces fecum.

(©) Even if the respondent does not request a formal investigation, such
investigation shall be conducted when, on the basis of the allegations in
the complaint and the answer of the respondent, including supporting
documents, the merits of the case cannot be decided judiciously without
conducting such investigation

(d) The formal investigation shall be commenced not earlier than five (5) days
nor later than ten (10) days from receipt of the respondent's answer. The
investigation shall be conducted to ascertain the truth without strictly
adhering to technical rules applicable to judicial proceedings. Hearings
shall be continuously held and the investigation terminated, if possible,
within ten (10) days from its commencement, especially for grave offenses,


39

unless the period is extended by the disciplining authority in meritorious
cases.

(e) The direct evidence for the complainant and the respondent shall consist
of the sworn statements and documents submitted in support of the
complaint or answer, as the case may be, without prejudice to the
presentation of additional evidence deemed necessary but was
unavailable at the time of the filing of the complaint or answer, upon which
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 disciplining authority the report of investigation within ten (10) days from the
termination of the investigation. The report shall contain the findings and
recommendations together with the complete record of the case which shall be properly
and securely bound, all pages numbered consecutively, and with a table of contents,

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

Sec. 191, Preventive Suspension. - Notwithstanding any provision of law to the
contrary, the proper disciplining authority may preventively suspend a respondent
formally charged with dishonesty, oppression, grave misconduct, gross neglect in the
performance of duty, if there are reasons to believe that respondent is guilty of the
charges which would warrant removal from office and that there is a great probability that
the continuance in office of the respondent could influence the witnesses or pose a threat
to the safety and integrity of the records and other evidence, In no case shall preventive
suspension exceed ninety (90) days or last for the duration of the investigation, whichever
is shorter

Sec, 192, Lifting of Preventive Suspension Pending Administrative Investigation. -
When the administrative case against the respondent under preventive suspension is not
decided by the disciplining authority within the period of ninety (90) days after the date of
suspension, the respondent shall be automatically reinstated in the service; Provided, that
when the delay in the disposition of the case is due to the fault, negligence or petition of
the respondent, the period of delay shall not be included in computing the period of
suspension herein provided.

Chapter 4
Decision

SEC. 193. When to Render Decision. - The proper disciplining authority exercising
original jurisdiction and those exercising appellate jurisdiction shall render their decisions
within sixty (60) days from the date of the submission of the case for decision.

Sec. 194. Form and Content of Decision. - The decision, properly designated as such
and under the signature of the proper disciplining authority, shall contain the charge, the
name of the respondent, the position and office of the respondent, a brief statement of the
material and relevant facts, findings, offense committed and the penalty imposed

SEC. 196. 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)

40

Disciplining authorities shall furnish their superiors with a copy of the
decision within five (5) days from the date of its promulgation.

SEC. 196. Finality of Decision. -

(a)

(b)

(c)

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 instrumentalities 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 executory, if the penalty imposed is suspension of not more
than thirty (30) working days or a fine of not more than thirty (30) working
days' pay.

Without prejudice to the power of review by the Commission and its
powers 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 executory, if the penalty imposed is suspension of not more than thirty
(30) working days or a fine of not more than thirty (30) working days' pay.
The decision in a disciplinary case becomes final upon expiration of the
period within which to file a motion for reconsideration and no such motion
is filed

SEC. 197. Execution of Decision. -

(a)

(b)

The decisions of heads of agencies and other disciplining authorities shall
be immediately executory upon receipt of a copy thereof by the parties
‘concerned, even pending appeal

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 petition for certiorari with the Supreme Court
shall not stop the immediate execution of the decision of the Commission,
unless the Court issues a restraining order or a writ of preliminary
injunction, For this purpose, no other Courts can issue a temporary
restraining order or a writ of preliminary injunction against the Commission,

Chapter 5
Administrative Penal

1s

SEC. 198. Penalties That May Be Imposed. - Heads of departments and agencies 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)

(b)

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 liability, mitigate or aggravate the offense.

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


a)

(c) The Commission shall promulgate rules and regulations on the
classification of administrative offenses into light, less grave and grave and
shall prescribe the corresponding principal and accessory penalties, such
as cancellation of eligibility, forfeiture of retirement benefits, disqualification
for employment, reinstatement or re-employment, disqualification for
promotion and bar from any civil service examination,

Sec. 200. Effect of Administrative Penalties. - The penalty of dismissal shall result in
the separation of the respondent from the service. Dismissal shall carry with it the
cancellation of civil service eligibilities, forfeiture of retirement benefits, and
disqualification from employment in the government whether appointive or elective and
disqualification to run for any public office even if the case is pending on appeal

Although decisions imposing the penalty of dismissal are immediately executory,
no permanent appointment pending appeal shall be issued to replace the dismissed
employee. In the interest of the service, however, designation may be resorted to until
the case is resolved with finality,

The penalties of demotion, suspension and fine shall disqualify the respondent
from receiving certain benefits or from promotion for a period based on the gravity of the
penalty imposed in accordance with the rules prescribed by the Commission

SEC. 201. Effect of Death on Pending Cases, - Pending disciplinary cases shall be
deemed terminated upon the death of the respondent without prejudice to civil action that
may be instituted by the government except when the proceedings have been concluded
and the case is ready for decision, or when the administrative case involves
misappropriation of public funds and property or other grave offenses. The same shall be
decided for the sole purpose of determining whether the heirs of the respondent are
entitled to monetary benefits arising out of his employment,

SEC. 202. Effect of Exoneration and Other Penalties. - Upon exoneration, the
respondent shall be restored to his/her former position without loss of seniority and other
rights or to a comparable or equivalent position in case of reorganization. He/She shall
also be entitled to payment of back salaries and other benefits for a period not exceeding
five (5) years including the period of his/her preventive suspension.

Chapter 6
Administrative Remedies

Sec, 203, Appeal. - An appeal may be filed with the proper authority within fifteen (15)
days from receipt of the decision, together with a notice of appeal to the disciplining
authority who rendered the decision. It shall state the appellant's date of receipt of the
decision and the date of the resolution on the motion for reconsideration, 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
(a) In case of decisions rendered by heads of departments, agencies, state
universities and colleges, provinces, cities and municipalities and
instrumentalities of the national government and the disciplining authority of
government-owned or -controlled corporations with original charters, where
the penalty imposed is suspension of more than thirty (30) working days or a
fine equivalent to more than thirty (30) working days’ salary, the appeal shall

be brought before the Commission; and



42

(b) In case of decisions of the head of bureaus or department-wide regional
offices, the appeal shall initially be made to the department secretary and then
to the Commission if the penalty imposed is suspension of more than thirty
(30) working days or fine equivalent to more than thirty (30) working days’
salary

SEC, 205, Motion for Reconsideration. - motion for reconsideration may be filed
during the period for filing an appeal on the following grounds:
(a) Newly discovered evidence which could materially affect the decision
rendered;
(b) The decision is not supported by the evidence on record; or
(c) Errors of law or irregularities have been committed prejudicial to the interest of
either party.
Only one (1) motion for reconsideration shall be entertained, which shall be
resolved within thirly (30) days from receipt. A motion for reconsideration shall suspend
the running of the period of appeal:

SEC, 206, Remand of Cases Due to Lack of Due Process. - If the case on appeal with
the Commission is remanded to the proper disciplining authority for further investigation
due to lack of due process, the said disciplining authority shall finish the investigation
within three (3) calendar months from the date of receipt of the records from the
Commission, unless the investigation is delayed due to the fault, negligence or petition of
the respondent, or an extension is granted by the Commission in meritorious cases, The
Period of delay shall not be included in the computation of the prescribed period

The disciplining authority shall render its decision within fifteen (15) days from the
termination of the investigation. If at the end of said period, the disciplining authority fails
to decide the case, the Commission shall vacate and set aside the appealed decision and
declare the respondent exonerated of the charge. If the respondent is under preventive
suspension, he/she shall be immediately reinstated and shall be entitled to back salaries
and other benefits

‘Sec. 207. Petition for Review. - The Commission may review decisions rendered by its
regional offices and other disciplining authorities dismissing a complaint for lack of a
prima facie case, subject to rules and regulations the Commission may prescribe.

Sec, 208. Penalties for Contempt. - In case of refusal or failure to comply with its
decisions, orders, rulings or processes and proceedings, the Commission may impose a
penalty of fine of not less than P1,000.00 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 Commission, the President may commute or remove
administrative penalties or disabilities imposed upon public officers or employees in
disciplinary cases, subject to such terms and conditions as he/she may impose in the
interest of the service.

Title Il - Prohibitions

Chapter 4
Limitation on Appointments


43

SEC. 210. Appointment of Elective Officers. - Except as provided for in the
Constitution, no elective officer shall be eligible for appointment or designation in any
capacity to any public office or position during his/her tenure.

‘SEC, 211. Candidate Who Lost in an Election. - No candidate who lost in any election
shall, within one (1) year after such election, be appointed in any capacity to any office in
the government or any state university and college, government-owned and -controlled
corporations with original charters or created under special laws, and local government
units. Neither can they be hired within the same period as consultants or under contracts
of services/job orders in said entities,

Sec. 212, Resignation Before Election. - A person who resigned from the service
within three (3) months before any election and engaged in any political activity shall not
be eligible for re-employment in the government during the six (6)-month period following
such election.

Sec. 213. Prohibition Against Holding Another Office or Employment. - Unless
otherwise allowed by law or by the primary functions of the position, no appointive officer
shall hold any other office or employment in the government or any subdivision, agency
or instrumentality thereof, state universities and colleges, government-owned and -
controlled corporations with original charters or created under special laws, and local
government units,

SEC. 214. Prohibition During Election Period. - No appointment, whether original,
transfer, reemployment, reappointment, renewal, promotion and demotion, regardless of
status, except in the case of reinstatement, shall be issued ninety (90) days before any
national or local election except barangay and sangguniang kabataan elections and until
the assumption of the newly-elected or 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:

(a) Avvacaney occurred during the prohibited period;

(b) There is need to fil up the vacancy immediately in order not to prejudice

public service and/or endanger public safety;

(c) The appointee is qualified;

(4) The appointment has gone through the usual requirements like publication,
regular screening by the Personnel Selection Board and concurrence by
the Sanggunian, as the case may be.

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

Sec. 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 laws,
shall be made by any outgoing appointing 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


44

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

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

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

Sec. 217. Contract of Service. - A person issued a contract of service shall not
discharge duties pertaining to a career or non-career service position. The agency may,
however, enter into 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, or
dignitary as such, shall be employed in the civil service system except when such priest,
preacher, minister, or dignitary is assigned to the Armed Forces of the Philippines, the
Philippine National 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 or instrumentality thereof, or in state universities and colleges, government-owned
and -controlled corporations with original charters or created under special laws, or local
government units to a person who is related within the third (3rd) civil degree of
consanguinity or affinity to the appointing or recommending authority, the chief of bureau
or office, or of the person exercising immediate supervision over him/her, is hereby
prohibited.

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

(a) Primarily confidential;

(b) Highly technical

(c) _ Policy-determining

(4) Teacher and professorial staff;

The term ‘teacher’ shall refer only to those actually performing classroom
instruction in both public elementary and secondary schools. ‘Professorial staff’ shall
denote members of the faculty of state universities or colleges primarily engaged in
academic activities such as teaching in the tertiary level, research and curriculum
development, among others. The designation of professorial staff to non-
professorial/non-academic positions shall not be covered by this exemption

The restrictions mentioned in this Section shall not be applicable to a member of
any family, who, after appointment to any position in an office or bureau, contracts
marriage 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 wife may be allowed.

The prohibition shall not also apply in case of promotion if the person to be
promoted occupies a career and next-in-rank position, or to those devolved to local
government units or who were affected by reorganization or to any member of a
personnel selection board


45

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 neither engage in any electioneering nor may they use
official authority to influence or coerce the political activity of any person or organization.

Sec. 221. Appointment of Military Personnel in the Civil Service System. - {t 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 government, 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 shall receive additional, double, or indirect compensation, unless
specifically authorized by law, nor accept any present, emolument, office, or title of any
kind from any foreign government unless allowed 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 before any local 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
in the departmentiagency/office/local government unit which his/her unit is assigned or
designated to oversee within one (1) year after termination of such assignment or
designation.

BOOK VI. MISCELLANEOUS PROVISIONS
Title | - Termination of Employment
Chapter 1
Modes of Termination
SEC. 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 to do 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 shall
automatically be recorded as separated from the service.

(4) 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 public officer or
employee.


46

(e) Expiration of Period of Employment - The services of a public officer or
employee appointed for a 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 end of the term of the appointing officer, unless otherwise earlier
validly separated.

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

(g) Conviction - The services of the public officer and employee shall 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 disqualification to hold 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 his/her services 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 Appointment - The services of a public officer or employee
is considered terminated upon the final disapproval of the appointment by
the Commission.

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

Title I Fe

s and Authority to Administer Oaths
Chapter 4
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 non-disciplinary cases, training courses, seminars and workshops in
personnel management, and for services rendered on other civil service matters, For this
purpose, the Commission shall prescribe standard and reasonable rates for such
examination, certifications, training courses, seminars and workshops and other activities
or services, the fees for which are not provided by law or regulation. No fees shall be
collected in examinations given for the selection of scholars.

Chapter 2
Authority of Public Officers to Administer Oaths, Take Testimony, and Prosecute
Cases in Court.

Sec. 229. Who May Administer Oaths. - The Chairperson and Members of the
Commission, public officers occupying third level positions and other public officers and
employees of the Commission and other departments or agencies designated in writing
by the Chairperson, 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 Ill - Fiscal Autonomy and Use of Appropriations and Income


47

Chapter 1
Fiscal Autonomy

SEC, 230. Fiscal Autonomy. - The Commission shall enjoy fiscal autonomy. It shall
determine the amount of its annual budget requirements for its operating expenses, and
capital outlays which shall be proposed to Congress in accordance with existing budget
laws, Its approved annual appropriations shall be automatically and regularly released.

The Commission shall have the flexibility to utilize its appropriations, and its
income, for operating and capital expenses, acquisition, supplies, repairs and
maintenance of office 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 to use such sums appropriated in the annual appropriations act, including all
balances of existing certifications, to accounts payable of prior years which have not yet
been reverted to unappropriated surplus, within a period of two (2) years, as are
necessary to carry out the provisions of this Code, The Commission is also authorized to
augment any item in its appropriations from savings actually released for any official
purpose at 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 functions for its operating expenses, for personnel and organizational
development as well as acquisition, repair and maintenance of office equipment, facilities
and supplies.

Title IV. - Transitory Provisions
Chapter 1
Funding

SEC. 232. Funding. - Funds needed to carry out the provisions of this Code shall be
taken from funds available in the Commission or in the absence or insufficiency thereof,
from any lump sum appropriations to be included in the annual General Appropriations
Act. The appropriation shall cover the operating 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 expenditures
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 shall 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 willful violation of this Code shall be entitled to receive pay from the
government. The appointing authority responsible for such unlawful employment shall be
personally liable for the pay that would have accrued had the employment been lawful.
The disbursing public officers shall make payment to the employees of such amount from
the salary of the public officers so liable.


48

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 instrumentalities.

SEC. 236. Vested Rights. - Except as otherwise provided in this Code, rights vested or
acquired under the provisions of the Civil Service Law, rules and regulations and any
other Act prior to the effectivity of this Code shall be respected

SEC. 237. Criminal Liability. - Whoever makes any appointment or employs any person
in wilful violation of any provision of this Code or the rules and regulations issued
thereunder; or whoever commits fraud, deceit or intentional misrepresentation of material
facts concerning any civil service matter; or whoever violates, refuses or neglects to
comply with any final decision or order of the Commission, shall, upon conviction, be
punished by a fine not exceeding Ten Thousand Pesos (P10,000.00) or by imprisonment
of not less than three (3) years nor more than five (5) years or both at the discretion of the
court.

The same penalty of fine or imprisonment or both as provided above and
permanent disqualification from holding public office shall be imposed upon any
appointing authority who willfully violates any of the provisions of this Code including
failure to abide by the rules promulgated by the Commission or to implement a
‘Commission reappointment order.

Sec. 238. Authority to Issue Rules. - The Commission shall promulgate rules and
regulations and set guidelines 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 1987, Executive Order No. 180 and Book V, Title 1,
Subtitle 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 1 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 or inconsistent 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. - If 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 shall be resolved in favor of employees.

Sec. 243. Effectivity. - This Code shall take effect thirty (30) days following its
publication in the Official Gazette or in a national newspaper of general circulation in the
Philippines.

Approved,