Presidential Decree No. 1409 (PD 1409) — Creating the Merit Systems Board
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. There is hereby created in the Civil Service
Commission a Merit Systems Board.
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.
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.
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.
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.
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.
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.
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.
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.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
