Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5021

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT
PROVIDING FOR A PERMANENT APPOINTMENT TO ALL CASUAL
AND CONTRACTUAL EMPLOYEES OF THE GOVERNMENT WHO
HAVE RENDERED THE PRESCRIBED YEARS OF SERVICE AND
FOR OTHER PURPOSES

EXPLANATORY NOTE

The 1987 Constitution explicitly provides that workers shall be entitled to
security of tenure, humane conditions of work, and a living wage (Article XIII, Section
3). This is a fundamental right guaranteed by the 1987 Constitution for all workers.

Despite this constitutional guarantee, the right to security of tenure is one that
has yet to be fully realized by all Filipino workers. With regard the workers in the private
sector, the Senate, during the Seventeenth Congress, passed the landmark bill
strengthening the protection of workers in the private sector to security of tenure.

Meanwhile, previous bills on strengthening protection to public sector workers
have not achieved the same success. According to the Civil Service Commission
(CSC), more than 27% of the 2.4 million government workers, or 660,390, were “job
order” (JO) or “contract of service” (COS) employees.’

In order to address this, the Commission on Audit, CSC and the Department of
Budget and Management issued Joint Administrative Order (JAO) No. 1, Series of

* 2018, July 17. "More contractual workers in gov't." Rettieved from: https:/inewsinfo,inquirer.net/1010972/more-contractual-
\workers-in-govt (date last accessed: July 11, 2019).


2017, as amended by JAO No. 1, Series of 2018, which regulates the hiring of workers
hired under the category of “job orders” and “contracts of service,” and allows agencies
to renew existing contracts until December 31, 2020. It further provides that existing
qualified contract of service and job order workers must be considered for appointment
by the government agencies to their vacant positions subject to existing Civil Service
Laws and rules and agency CSC-approved Merit Selection Plan.

Despite these efforts, however, a considerable number of workers in the
government still experience “endo” and the Constitutional guarantee to security of
tenure remains elusive to them. This bill seeks to address this issue by ensuring that
casual and contractual employees of the government who have rendered exemplary
service are given security of tenure. Under this bill, all incumbent casual and
contractual government employees who have rendered at least five (5) years of
exemplary and continuous service in the national government and six (6) years of
service in the case of local government units, shall be entitled to permanent
appointment, subject to the requirements of the Constitution, relevant civil service laws
and the Merit Selection Plan of the concerned agency.

The immediate passage of this bill is earnestly sought.

HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA

MINGO £. RA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6021

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT
PROVIDING FOR A PERMANENT APPOINTMENT TO ALL CASUAL
AND CONTRACTUAL EMPLOYEES OF THE GOVERNMENT WHO
HAVE RENDERED THE PRESCRIBED YEARS OF SERVICE
AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as the “Public Security of Tenure Act.”

SECTION 2. Declaration of Policy. - The State shall harness its human resources to
cope with the rapid economic development and population growth. Government workers,
being very important components of the State’s human resources, shall be given equal
opportunity to quality education, justice and security of tenure.

SECTION 3. Permanent Appointment for Long-Time Casual and Contractual
Employees of National Government Agencies and Local Government Units. —
Subject to the provisions of the Constitution and applicable civil service laws, rules and
regulations and the provisions of this Act, all incumbent casual and contractual
government employees who have rendered at least five (5) years of continuous,
exemplary and outstanding service in the case of national government agencies, or a total
of six (6) years of continuous, exemplary and outstanding service in the case of local


government units as of the date of the approval of this Act shall be entitled to security of
tenure.

SECTION 4. Computation of Length of Service. — The requirement of continuous
service may be waived if the service of the official/ employee concerned prior to the
completion of the said years was interrupted by not more than two (2) years, taken
cumulatively, due to either abolition of his position, reorganization of the office wherein
he was phased out, or reduction in force: Provided further, that in the case of
officials/employees who have been previously employed in the same government agency
in any capacity, the said requirement of continuous service may likewise be waived if the
interruption of their service is not more than six (6) months, taken cumulatively, so long
as the minimum required period is met.

SECTION 5. Selection Process of Casual and Contractual Employees. — Casual and
contractual employees who meet the requisite length of service shall undergo the
screening process as prescribed in the Merit Selection Plan of the agency or as
determined by the pertinent selection board or hiring authority.

SECTION 6. Security of Tenure of Covered Employees and Affected Positions. — All
covered employees may not be separated or terminated from the said positions except
for just or lawful cause as contained in the applicable civil service laws and issuances,
and with due process of law, nor can their positions be abolished except when the same
is vacated by their incumbents or due to a bona fide rationalization plan; Provided, That
nothing herein shall prevent the concerned national government agency or local
government unit from assigning or transferring its employees, or otherwise decide on
personnel movement and other actions.

SECTION 7. Implementing Rules and Regulations. — The Civil Service Commission, in
consultation with the Department of Budget and Management and other relevant
stakeholders, shall issue the rules and regulations necessary to implement the provisions
of this Act within ninety (90) days from the approval of this Act.

SECTION 8. Penal Provisions. - Any government employee who shall apply for
entitlement to security of tenure under the provisions of this Act on the basis of false
claims and/or documents, and any government officer or employee who shall make or
issue false certifications, attestations, endorsements and/or spurious documents in
relation to any such application shall suffer the penalty of imprisonment of one (1) year to
three (3) years or a fine of up to One Hundred Thousand Pesos (Php100,000.00) or both,
at the discretion of the court, without prejudice to any criminal, civil or administrative action
that may be filed against him/her. The concerned government employee shall also suffer
the accessory penalty of absolute perpetual disqualification from public office.


SECTION 9. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the remaining provision of this Act not otherwise affected shall remain
valid and subsisting.

SECTION 10. Repealing Clause. — All laws, decrees, executive orders, department or
memorandum orders and other administrative issuance or parts thereof which are
inconsistent with the provisions of this Act are hereby modified, superseded or repealed
accordingly.

SECTION 11. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,