CREATING THE MERIT SYSTEMS BOARD

• Number: Presidential Decree No. 1409
• Sections: 11

Preamble

WHEREAS, the need for a stable and responsive Civil Service

has become especially critical with the institution in the country of a

Parliamentary form of government that stresses accountability to the people;

WHEREAS, while the present civil service system, by reason

of its new structure, has shown itself to have dynamic flexibility and

adaptiveness, there remains the need to further promote a more positive approach

to personnel growth and development;

WHEREAS, the two major functions of the Commission are the

strengthening of the merit system and the development of viable careers among

civil service employees;

WHEREAS, these two goals can be better achieved through a

redefinition of the functions of the Civil Service Commission so that its career

development concerns may be separated from the protective character of its

responsibilities;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, pursuant to the powers vested in me by the Constitution, do hereby

decree and order:

Section 1

SECTION 1. There is hereby created in the Civil Service

Commission a Merit Systems Board.

Section 2 Composition.

SEC. 2. Composition.—The Board shall be composed of

a Commissioner and Associate Commissioners who shall be appointed by Civil

Service Commission and who may be removed only for cause as provided by law.

Section 3 Qualifications.

SEC. 3. Qualifications.—The Commissioner and

Associate Commissioners shall have the same qualifications as that of a judge of

the court of first instance.

Section 4 Salary.

SEC. 4. Salary.—The Commissioner and Associate

Commissioners shall each receive salaries of not less than P42,000 and P36,000

per annum, respectively.

Section 5 Powers and Functions of the Board.

SEC. 5. Powers and Functions of the Board.—The

Board shall have the following powers and functions, among others:

Hear and decide administrative cases involving officers and employees of the

civil service.

Hear and decide cases brought before it by officers and employees who feel

aggrieved by the determination of appointing authorities involving appointment,

promotion, transfer, detail, reassignment and other personnel actions, as well

as complaints against any officers in the government arising from abuses arising

from personnel actions of these officers or from violations of the merit system.

Hear and decide complaints of civil service employees regarding malpractices

of other officials and employees.

Promulgate, subject to the approval of the Civil Service Commission, rules

and regulations to carry out the functions of the Board.

Administer oaths, issue subpoena and subpoena duces tecum,

and take testimony in any investigation or inquiry. The Board shall have the

power to punish for contempt in accordance with the rules of court under the

same procedure with the same penalties provided therein.

Perform such other functions as may be assigned by the Civil Service

Commission.

In the performance of these functions, the Board shall draw assistance from

the Office of Legal Affairs which shall maintain a staff of prosecutors and

defense lawyers for this purpose. However, the Board may, upon approval of the

Commission, designate hearing officers from other departments and agencies of

the government to hear and decide cases falling within its jurisdiction. The

decision of these hearing officers shall be subject to review by the Board and

becomes final only after such review by it.

The Board shall maintain a small staff of lawyers and clerks in carrying out

its functions, all of whom shall be appointed by the Chairman of the Civil

Service Commission.

Section 6 Functions of the Commissioner.

SEC. 6. Functions of the Commissioner.—The

Commissioner shall be the Executive Officer of the Board. Subject to the

policies, rules and regulations adopted by the Board and approved by the Civil

Service Commission, the Commissioner shall:

Execute and administer the policies, rules and regulations, orders and

resolutions approved by the Board.

Direct and supervise the operations and internal administration of the

Board.

Prescribe operating procedures for the Board.

Perform such other functions as may be assigned by the Civil Service

Commission.

Section 7 Duties and Responsibilities of the Associate Commissioners.

SEC. 7. Duties and Responsibilities of the Associate

Commissioners.—The two Associate Commissioners, jointly with the

Commissioner, shall be responsible for the effective exercise of the rule making

and adjudicative functions of the Board. In the absence or disability of the

Commissioner, the senior Associate Commissioner shall temporarily perform the

functions vested in the Commissioner.

Section 8 Relationship with the Civil Service Commission.

SEC. 8. Relationship with the Civil Service

Commission.—Decisions of the Board involving the removal of officers and

employees from the service shall be subject to automatic review by the

Commission. The Commission shall likewise hear and decide appeals from other

decisions of the Board, provided that the decisions of the Commission shall be

subject to review only by the Courts.

Section 9 Restructuring of the Office of Legal Affairs.

SEC. 9. Restructuring of the Office of Legal

Affairs.—The present Office of Legal Affairs is restructured into three

divisions, one to constitute a pool prosecutors: second, of defense lawyers from

whom civil service employees who are facing administrative charged or who have

filed complaints against the action of appointing authorities on personnel

matters may request legal assistance, and the third to act as adviser of the

Commission in its appellate and review functions.

Section 10 Effectivity.

SEC. 10. Effectivity.—This Decree shall take effect

upon approval.

Done in the City of Manila, this 8th day of June, in the year of Our Lord,

nineteen hundred and seventy-eight.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JACOBO C. CLAVE

Presidential Executive

Assistant