Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House BILL No, 6301

Introduced by Representative EVELINA G. ESCUDERO

EXPLANATORY NOTE

The primordial reason for this proposal is to set the basic, but more often ignored,
qualification among appointed government officials. Appointees in government offices in any
capacity must possess the fundamental qualification that his or her education or experience or
both suit the office or the position.

Every now and then the power to appoint and designate has shown indiscretion to the
prejudice of public service. An indiscretion that is either political or personal in nature,
Verily. there are political and confidential positions or offices to fill in in the government.
However, this must not be at the expense of government service. Hence, there is a need to
temper how the appointing authority wields power.

‘Truly, statutes are not without provisions on qualifications of offices and positions,
Nonetheless, there are laws that allow appointment in government without the required
education or experience. For instance, consultants or technical persons may be appointed in
agencies of government based solely on trust and confidence without any regard to their
educational attainment and work experience.

In view of this observation, this representation respectfully submits this proposal to
set a basic qualification in all government offices and positions with the end in view of
sifeguarding and promoting quality public service. Having in mind however the implications
that this bill may entail, it is further submitted that it can be made to admit certain exceptions
during the deliberations.

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6301

HOUSE BILL NO.

Introduced by Representative EVELINA G, ESCUDERO

AN ACT
MANDATING A MINIMUM BASIC QUALIFICATION IN ALL APPOINTIVE
OFFICES AND POSITIONS IN GOVERNMENT, AMENDING FOR THE PURPOSE
BOOK V, TITLE 1, SUBTITLE A, CHAPTER 2, SECTION 9 OF EXECUTIVE
ORDER 292, OTHERWISE KNOWN AS THE REVISED ADMINISTRATIVE CODE.
OF 1987

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

SECTION 1. Short Title
Qualification Act in Government”

‘This Act shall be known and cited as the “Basic

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
safeguard and promote quality public service in all offices and positions in government, as
such it shall insure that appointments in the Civil Service shall be made only according to
merit and fitness and that it shall adopt measures to promote morale, efficiency, integrity,
responsiveness, courtesy and public accountability in the civil service. ‘Toward this end, the
State seeks to mandate a minimum basic qualification in all appointive offices and positions
in the government.

SEC. 3. Book V, Titlel, Subtitle A, Chapter 2, Section 9 of Executive Order 292,
otherwise known as the Revised Administrative Code of 1987, is hereby amended to read as
follows:

“SEC. 9. Non-Career Service, — The Non-Career Service shall be
characterized by (1) entrance on bases other than those of the usual tests of
merit and fitness utilized for the career service; and (2) tenure which is limited
to a period specified by law, or which is coterminous with that of the appointing
authority or subject to his pleasure, or which is limited to the duration of a
particular project for which purpose employment was made.

The Non-Career Service shall include:
(1) Elective officials and their personal or confidential staff;


(2) Secretaries and other officials of Cabinet rank who hold their positions at the
pleasure of the President and their personal or confidential staff(s);

(3) Chairman and members of commissions and boards with fixed terms of
office and their personal or confidential staff;

(4) Contractual personnel or those who employment in the government is in
accordance with a special contract to undertake a specific work or job, requiring
special or technical skills not available in the employing agency, to be
accomplished within a specific period, which in no case shall exceed one year,
and performs or accomplishes the specific work or job, under his own
responsibility with a minimum of direction and supervision form the hiring
agency; and

(5) Emergency and seasonal personnel.

NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE

CONTRARY, EXCEPT AS TO ELECTIVE OFFICIALS AND EMERGENCY
AND SEASONAL PERSONNEL, ALL PERSONS ADMITTED TO NON-

CAREER SERVICE SHALL POSSESS A COLLE®

2 DEGREE OR AT

LEAST A FIVE (5) YEAR WORK EXPERIENCE RELEVANT TO THE
NATURE, FUNCTION OR MANDATE OF THE OFFICE TO WHICH HE OR
SHE IS APPOINTED.”

. 4. Repealing Clause. — All laws, executive orders, presidential decrees,

issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SE

. Rffectivity. ~ This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation.

Approved,