Bills in Progress
Senate Bill No. 1162 - Civil Service CodeAn Act Establishing a Civil Service Code of the Philippines and for Other Purposes
14th Congress of the Philippines)
Introduced by Senator Aquilino Q. Pimentel Jr.
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 bill is earnestly requested.
AQUILINO Q. PIMENTEL JR.
ESTABLISHING A CIVIL SERVICE CODE OF THE PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
BOOK I. GENERAL PRINCIPLES
Title I – Policies on Civil Service System
Chapter 1. Declaration of Policy
Section AUTONUM 1. Short Title. - This Act shall be known as the “Civil Service Code of the Philippines”.
SEC. AUTONUM 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.
(c) It is 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;
(3) 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;
(5) 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. AUTONUM 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) 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.
(b) Appointing authority refers to the person or body authorized by law to make appointments in the civil service system.
(c) 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.
(d) 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.
(e) CESB refers to the Career Executive Service Board.
(f) Career Executive Service Officer (CESO) refers to a person who has been conferred a CES rank.
(g) Chairperson refers to the Chairman of the Civil Service Commission.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(l) Commission refers to the Civil Service Commission.
(m) Commissioner refers to either of the two (2) other members of the Commission.
(n) Consultant refers to the person engaged under a consultancy contract by reason of expertise not readily available from career personnel, to perform highly specialized functions for a short duration, with a definite output, having no employer-employee relation with the contracting agency.
(o) Department refers to any of the departments in the Executive branch, Congress, the Judiciary and any of the constitutional commissions.
(p) Disciplining authority refers to the person or body authorized to suspend, dismiss or discipline public officers and employees in the civil service system.
(q) 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.
(r) Employee refers to any person employed in the civil service system of whatever category or class up to division chief level.
(s) Employee organization refers to any employee organization, union, association, federation, confederation, society or alliance duly registered in accordance with the provisions of this Code.
(t) 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.
(u) Grievance refers to an employee's complaint regarding working conditions, working relationships or employment status.
(v) Grievance procedure refers to the mechanisms of resolving employee grievances and complaints.
(w) 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.
(x) 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.
(y) 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.
(z) Personnel action refers to any movement of personnel in the civil service system.
(aa) 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.
(bb) 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.
(cc) 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.
(dd) 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.
(ee) 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.
(ff) Rank-and-file refers to employees occupying positions in the first and second levels.
(gg) 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.
(ii) 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. AUTONUM 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;
(d) 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. AUTONUM 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;
(d) 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;
(f) 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
(g) Undertake programs of self-development to improve their performance and levels of service.
Title II - Scope of the Civil Service System
Chapter 1. Positions in the Civil Service System
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 8. Categories of Positions. - Positions in the civil service system shall be categorized as career and non-career.
Sec. AUTONUM 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 shall be formulated by the Commission.
Sec. AUTONUM 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;
(c) Permanent laborer, whether skilled, semi-skilled, or unskilled.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 13. Positions Included in the Non-Career Service. - The non-career service shall include the following:
(a) 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;
(c) 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
(g) Emergency, casual and seasonal personnel.
Title III - The Civil Service Commission
Chapter 1. Composition, Duties and Functions
Sec. AUTONUM 14. Composition. - The Commission shall be composed of a Chairperson and two (2) Commissioners.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 17. Compensation. - The salaries of the Chairperson and the Commissioners shall be fixed by law and shall not be decreased during their tenure.
Sec. AUTONUM 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 he/she be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations.
Sec. AUTONUM 19. Powers and Functions of the Commission. - The Commission shall have the following powers and functions:
(a) 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;
(b) 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;
(c) Promulgate its own rules concerning pleadings and practice before it or any of its offices, which shall not diminish, increase or modify substantive rights;
(d) 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;
(e) Formulate policies and regulations for the administration, maintenance and implementation of Position Classification and Compensation system;
(f) 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;
(g) Discipline CES members for cause after due process;
(h) 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;
(i) 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;
(j) 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;
(k) Declare, when appropriate, positions in the civil service system as primarily confidential, highly technical or policy-determining;
(l) 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;
(m) 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;
(n) Issue subpoena ad testificandum (process directing the attendance of witness) and/or subpoena duces tecum (process directing the production of documentary evidence);
(o) 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;
(p) 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;
(q) Delegate any power or function of the Commission to its regional or field offices;
(r) Review decisions and actions of its offices;
(s) 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;
(t) Act on all appointments and other personnel matters in the civil service system;
(u) 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;
(v) Prescribe rules and policies on employee organizations and regulate employee-management relations including the settlement of disputes;
(w) Prescribe and enforce rules and regulations to promote and ensure safe, healthy and proper working conditions for employees;
(x) Formulate and administer programs that will foster an honest, graft-free public service;
(y) 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
(z) Exercise all powers and perform the functions properly belonging to a central personnel agency.
Sec. AUTONUM 20. Duties and Responsibilities of the Chairperson and the Commissioners.
(a) 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.
(b) 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;
(5) Transmit to the President, rules and regulations adopted by the Commission which require presidential attention including annual and other periodic reports;
(6) Delegate authority, in whole or in part, to other public officers and employees of the Commission, in accordance with the rules and regulations of the Commission; and
(7) Perform such other functions as may be provided by law.
Chapter 2. Organization and Structure
Sec. AUTONUM 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;
(j) Personnel Records Management Office;
(k) Office for Planning;
(l) Office for Financial and Assets Management ;
(m) Office for Personnel Management;
(n) Regional Offices/Field Offices; and
(o) Internal Audit Service.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 26. The Personnel Policies and Standards Office. - The Personnel Policies and Standards Office (PPSO) shall take charge of the formulation and periodic review of 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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.
Sec. AUTONUM 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. AUTONUM 34. The Office for Personnel Management. - The Office for Personnel Management (OPM) shall take charge of formulating the development plan of the Commission, which includes sound policies on personnel management in the areas of recruitment and selection, employee welfare and discipline in the Commission.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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.
Members of the CESB shall be provided with per diems and allowances as determined by the Commission.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 44. Personnel Mechanisms. - The CESB shall develop policies, design standards and personnel mechanisms for the Career Executive Service.
Sec. AUTONUM 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. AUTONUM 46. Mobility. - CESOs may be assigned to any CES position.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 50. Discipline. - Investigation and adjudication of administrative complaints against members of the CES shall be governed by the provisions of this Code.
Sec. AUTONUM 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 II. PERSONNEL POLICIES AND STANDARDS
Title I – On Employment
Chapter 1. Recruitment
Sec. AUTONUM 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. AUTONUM 53. 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 eligibilities 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. AUTONUM 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. AUTONUM 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. AUTONUM 56. Simultaneous Release of Examination Results. - The results of an examination held in various locations on the same date shall be released simultaneously.
Sec. AUTONUM 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.
Sec. AUTONUM 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 eligibilities 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 66. Merit and Fitness in Appointment. - Appointment in the civil service system shall be made only according to merit and fitness to be determined, as far as practicable, by competitive examination, except to positions which are policy determining, primarily confidential, or highly technical.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 70. Appointment Form. - An appointment shall be issued in the form prescribed by the Commission.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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 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. AUTONUM 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. AUTONUM 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.
(d) Coterminous – an appointment issued to a person whose entrance and continuity in the service is: (1) based on the trust and confidence of the 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. AUTONUM 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. AUTONUM 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. AUTONUM 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 rules, standards and regulations promulgated by the Commission.
A vacancy may be filled up by any of the following personnel actions: original appointment, promotion, transfer, renewal, demotion, reemployment and reappointment.
Sec. AUTONUM 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 of capacity. The order of termination shall be served through personal notice or through constructive notice and shall no longer be appealable.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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.AUTONUM 84. Reappointment. - is the issuance of an appointment during reorganization, devolution, or similar events. Reappointment presupposes no gap in the service.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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
(d) Upgrading (same position)
Notice of such adjustment or movement shall be submitted to the Commission within thirty (30) days from issuance thereof.
Except for secondment, the following personnel movements do not require the issuance of appointments but shall require office orders:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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 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. AUTONUM 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 II – Disputes Regarding Appointments and Other Personnel Actions
Chapter 1. Contests on Appointments and Other Non-Disciplinary Cases
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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 III - Agency Personnel Administration
Chapter 1. Inter-Agency Relations
Sec. AUTONUM 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. AUTONUM 94. Responsibility for Personnel Administration. - Each department or agency 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. AUTONUM 95. 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 methods of personnel management and advocate for sound personnel policies for good governance.
Chapter 2. Local Government Personnel Administration
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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;
(e) Career and employee development;
(f) Performance evaluation systems;
(g) Employee suggestions and incentive award;
(h) Employee relations and service;
(j) Personnel records and reporting;
(k) Program evaluation; and
(l) Employee organization.
Sec. AUTONUM 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 III. HUMAN RESOURCE MANAGEMENT
Title I - Human Resource Development
Chapter 1. Policy on Human Resource Development
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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:
(a) Department of Foreign Affairs;
(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. AUTONUM 109. 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. AUTONUM 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. AUTONUM 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. AUTONUM 112. Performance Appraisal Plan. - Each department or agency shall develop and use 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. AUTONUM 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. AUTONUM 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.
TITLE II - Personnel Relations in the Civil Service System
Chapter 1. Personnel Relations
Sec. AUTONUM 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. AUTONUM 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 grievance 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. AUTONUM 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 (BJMP), 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. AUTONUM 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. AUTONUM 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. AUTONUM 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 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. AUTONUM 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. AUTONUM 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 shall be registered with the Commission.
Chapter 3. Settlement of Disputes
Sec. AUTONUM 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. AUTONUM 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.
Chapter 4. Public Sector Labor-Management Council
Sec. AUTONUM 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. AUTONUM 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;
(d) Disputes on issues resulting from the implementation of the grievance machinery;
(e) Determination of the presence or absence of a strike;
(f) Inter-employee organization dispute;
(g) Intra-employee organization dispute;
(h) Employee organization election of officers;
(i) Disputes on issues resulting from the implementation of the provisions of Collective Negotiations Agreement; and
(j) 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 concerned against any employee involved therein until the final resolution of the case.
Sec. AUTONUM 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;
(c) 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;
(d) 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;
(f) Violating any of the provisions of the Collective Negotiation Agreement; and
(g) 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:
(a) 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;
(d) Violating any of the provisions of the Collective Negotiation Agreement; and
(e) Other analogous acts as may be determined by the PSLMC.
The heads of offices and the other officers of the agency as well as officers and members of an employee organization, who participate in or authorize an unfair public sector labor and management practice shall be held administratively liable and shall be imposed a fine of not less than P10,000.00, or suspension not exceeding one year, or both for such participation or grant of authority without prejudice to civil and criminal liability.
Sec. AUTONUM 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 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. AUTONUM 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. AUTONUM 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 5. The Right to Strike
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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 contro1lers, 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. AUTONUM 134. Grounds for Strike. - A strike may be declared on the following grounds:
(a) 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 138. Remedial Actions by the PSLMC. - When a dispute has been referred to the PSLMC, it shall exert all efforts to settle the same through 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. AUTONUM 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;
(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 I - Personnel Benefits and Privileges
Chapter 1. Health and Other Services
Sec. AUTONUM 140. Policy. - The health, welfare, safety and security of every personnel in the civil service system shall be the concern 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. AUTONUM 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. AUTONUM 142. Personnel Counseling. - Each department or agency shall provide personnel counseling services, including pre-retirement counseling.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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.
Sec. AUTONUM 148. Accumulation and Commutation of Leave. - Vacation 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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;
(d) Filipino personnel in the Foreign Service; and
(e) Other personnel covered by special laws.
Sec. AUTONUM 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. AUTONUM 154. 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. AUTONUM 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:
(a) 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. AUTONUM 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. AUTONUM 157. 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. AUTONUM 158. Study Leave and Sabbatical Leave. - Qualified public officers and employees may be granted study and sabbatical leave, subject to the rules and regulations promulgated by the Commission.
Sec. AUTONUM 159. 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. AUTONUM 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. AUTONUM 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. AUTONUM 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.
Sec. AUTONUM 163. Leave Without Pay. - In no 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. AUTONUM 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 Benefits
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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 II - Official Records and Work Days and Hours
Chapter 1. Personnel Records Information System
Sec. AUTONUM 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. AUTONUM 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.
Chapter 2. Work Days and Hours
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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) o’ 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. AUTONUM 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. AUTONUM 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.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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 I - Administrative Discipline
Chapter 1. General Provisions
Sec. AUTONUM 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:
(a) Conduct prejudicial to the best interest of the service;
(b) Discourtesy in the course of official duties;
(c) Disgraceful or immoral conduct;
(f) Engaging directly or indirectly in partisan political activities by one holding a non-political office;
(g) 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;
(i) Falsification of official documents;
(j) Final conviction of a crime involving moral turpitude;
(k) Gambling prohibited by law;
(l) Illegal strike;
(m) Inefficiency and incompetence in the performance of official duties;
(o) Neglect of duty;
(r) Pursuit of private business, vocation or profession in violation of civil service law, rules and regulations;
(s) Refusal to perform official duty or unjust refusal to render overtime service;
(t) Sexual Harassment;
(v) Unauthorized absences;
(w) Unauthorized use of government resources or properties;
(x) Unfair public sector labor and management practice;
(y) Unjustifiable delays in the payment of employee benefits;
(z) 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. AUTONUM 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. AUTONUM 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. AUTONUM 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.
Chapter 3. Procedures in Disciplinary Cases
Sec. AUTONUM 186. Commencement of Administrative Proceedings and Answer. -
(a) 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.
(c) 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. AUTONUM 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. AUTONUM 188. Formal Investigation. -
(a) 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 tecum.
(c) 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, 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 195. 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) Disciplining authorities shall furnish their superiors with a copy of the decision within five (5) days from the date of its promulgation.
Sec. AUTONUM 196. Finality of Decision. -
(a) Without prejudice to the power of review by the Commission, and its powers to decide cases on appeal as provided for in this Code, the decisions of the heads of departments, agencies, and 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.
(b) 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.
(c) 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. AUTONUM 197. Execution of Decision. -
(a) 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.
(b) Decisions of the disciplining authority in disciplinary cases shall be immediately executory unless a motion for reconsideration is seasonably filed, in which case the execution of the decisions shall be held in abeyance pending resolution of the motion.
(c) 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 Penalties
Sec. AUTONUM 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. AUTONUM 199. Imposition of Penalties. -
(a) In meting out punishment, the same penalties shall be imposed for similar offenses and only one (1) penalty shall be imposed in each case. In the imposition of these penalties, the disciplining authority shall take into consideration the circumstances which may either exonerate the respondent from any liability, mitigate or aggravate the offense.
(b) In the imposition of the proper penalties, the administrative offenses or causes for disciplinary action mentioned in this Code shall be categorized into light, less grave, and grave.
(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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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
(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. AUTONUM 205. Motion for Reconsideration. - A 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 thirty (30) days from receipt. A motion for reconsideration shall suspend the running of the period of appeal.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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 II - Prohibitions
Chapter 1. Limitation on Appointments
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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) A vacancy occurred during the prohibited period;
(b) There is need to fill up the vacancy immediately in order not to prejudice public service and/or endanger public safety;
(c) The appointee is qualified;
(d) 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. AUTONUM 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.
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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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
(d) 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.
Chapter 2. Other Prohibitions
Sec. AUTONUM 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. AUTONUM 221. Appointment of Military Personnel in the Civil Service System. - It shall be unlawful for any member of AFP in the active service to be appointed or designated in any capacity to any civilian position in the government, state universities and colleges, government-owned and -controlled corporations with original charters or created under special laws, and local government units.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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 department/agency/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 I - Termination of Employment
Chapter 1. Modes of Termination
Sec. AUTONUM 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.
(c) Death - Upon proof of death, the public officer or employee shall automatically be recorded as separated from the service.
(d) Permanent Disability - In case of permanent disability which shall render the public officer or employee incapable of performing the official duties, the department or agency head may terminate such public officer or employee.
(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.
(i) 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.
(j) 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. AUTONUM 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 II - Fees and Authority to Administer Oaths
Chapter 1. Fees
Sec. AUTONUM 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. AUTONUM 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 III - Fiscal Autonomy and Use of Appropriations and Income
Chapter 1. Fiscal Autonomy
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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. AUTONUM 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.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 237. Criminal Liability. - Whoever makes any appointment or employs any person in willful 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. AUTONUM 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. AUTONUM 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. AUTONUM 240. Supplemental Applications. – The Rules of Court shall have supplemental application to this Code.
Sec. AUTONUM 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. AUTONUM 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. AUTONUM 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.