Presidential Decree No. 807 (PD 807) — Providing for the Organization of the Civil Service Commission in Accordance with Provisions of the Constitution, Prescribing Its Powers and Functions and for Other Purposes.
WHEREAS, the Constitution provides for organization of a
Civil Service Commission which shall establish a career service and
adopt measures to promote morale, efficiency and integrity in the
government service;
WHEREAS, Presidential Decree No. 110 dated January 26, 1973
declared the Civil Service Commission envisioned in the Constitution in
existence, providing guidelines for its operation;
WHEREAS, there is need for the immediate organization of the
Civil Service Commission in order to enable it to carry out its mission
as mandated by the Constitution; and
WHEREAS, the former Civil Service Commission created under
Republic Act No. 2260, as amended, and as organized under the Integrated
Reorganization Plan may serve as the nucleus of the Civil Service
Commission.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order:
OFFICERS AND EMPLOYEES
STANDARDS
SECTION 1. This Decree shall be known as the Civil
Service Decree of the Philippines.
ARTICLE II. DECLARATION OF POLICY
SEC. 2. It shall be the policy of the State to insure
and promote the Constitutional mandate that appointments in the Civil
Service shall be made only according to merit and fitness, to provide
within the public service a progressive system of personnel
administration, and to adopt measures to promote morale and the highest
degree of responsibility, integrity, loyalty, efficiency, and
professionalism in the Civil Service; that the Civil Service Commission
shall be the central personnel agency to set standards and to enforce
the laws and rules governing the selection, utilization, training and
discipline of civil servants; that a public office is a public trust and
public officers shall serve with the highest degree of responsibility,
integrity, loyalty and efficiency and shall remain accountable to the
people; and that action on personnel matters shall be de-centralized,
with the different departments and other offices or agencies of the
government delegating to their regional offices or other similar units,
powers and functions.
ARTICLE III. DEFINITION OF TERMS
SEC. 3. As used in this Decree, the following shall be
construed thus:
Agency means any bureau, office, commission,
administration, board, committee, institute, corporation, whether
performing governmental or proprietary function, or any other unit of
the National Government, as well as provincial city or municipal
government, except as hereinafter otherwise provided.
Appointing officer is the person or body
authorized by law to make appointments in the Philippine Civil Service.
Class includes all positions in the government service
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.
Commission refers to the Civil Service Commission.
Chairman refers to the Chairman of the Commission.
Commissioner refers to either of the two other members of
the Commission.
Department includes any of the executive departments or
entities having the category of a department including the judiciary,
Commission on Elections and Commission on Audit.
Eligible refers to a person who obtains a passing grade
in a civil service examination or is granted a civil service eligibility
and whose name is entered in the register of eligibles.
Examination refers to a civil service examination
conducted by the Commission and its regional offices or by other
departments or agencies with the assistance of the Commission, or in
coordination or jointly with it, and those that it may delegate to
departments and agencies pursuant to this Decree, or those that may have
been delegated by law.
Form refers to those prescribed by the Civil Service
Commission.
ARTICLE IV. SCOPE OF THE CIVIL SERVICE
Positions Embraced in the Civil Service.
SEC. 4. Positions Embraced in the Civil Service.—The
Civil Service embraces every branch, agency, subdivision, and
instrumentality of the government, including every government-owned or
controlled corporations whether performing governmental or proprietary
function.
Positions in the Civil Service shall be classified into
career service and non-career service.
SEC. 5. The Career
Service shall be characterized by (1) entrance based on merit and
fitness to be determined as far as practicable by competitive
examinations, or based on highly technical qualifications; (2)
opportunity for advancement to higher career positions; and (3) security
of tenure.
The Career Service shall include:
Open Career positions for appointment to which prior
qualification in an appropriate examination is required;
Closed Career positions which are scientific or highly
technical in nature; these include the faculty and academic staff of
state colleges and universities, and scientific and technical positions
in scientific or research institutions which shall establish and
maintain their own merit systems.
Positions in the Career Executive Service; namely,
Undersecretary, Assistant Secretary, Bureau Director, Assistant
Bureau Director, Regional Director, Assistant Regional Director, Chief
of Department Service and other officers of equivalent rank as may be
identified by the Career Executive Service Board, all of whom are
appointed by the President;
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;
Commissioned officers and enlisted men of the Armed Forces
which shall maintain a separate merit system;
Personnel of government-owned or controlled corporations,
whether performing governmental or proprietary functions, who do not
fall under the non-career service; and
Permanent laborers, whether skilled, semi-skilled, or
unskilled.
SEC. 6. The Non-Career Service shall be
characterized by (1) entrance on bases other than those of the usual
tests of merit and fitness utilized for the career service; and (2)
tenure which is limited to a period specified by law, or which is
coterminous with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular project
for which purpose employment was made.
The Non-Career Service shall include:
Elective officials and their personal or confidential staff;
Department Heads and other officials of Cabinet rank who hold
positions at the pleasure of the President and their personal or
confidential staff(s);
Chairman and members of commissions and boards with fixed terms
of office and their personal or confidential staff;
Contractual personnel or those whose employment in the
government is in accordance with a special contract to undertake a
specific work or job, requiring special or technical skills not
available in the employing agency, to be accomplished within a specific
period, which in no case shall exceed one year, and performs or
accomplishes the specific work or job, under his own
responsibility with a minimum of direction and supervision from the
agency; and
Emergency and seasonal personnel.
Classes of Positions in the Career Service.
SEC. 7. Classes of Positions in the Career Service.—
Classes of positions in the career service appointment to which
requires examinations shall be grouped into three major levels as
follows:
The first level shall include clerical, trades, crafts
and custodial service positions which involve non-professional or
subprofessional work in a non-supervisory or supervisory
capacity requiring less than four years of collegiate studies;
The second level shall include professional, technical, and
scientific positions which involve professional, technical, or
scientific work in a non-supervisory or supervisory capacity requiring
at least four years of college work up to Division Chief level; and
The third level shall cover positions in the Career
Executive Service.
Except as herein otherwise provided, entrance to the first
two levels shall be through competitive examinations, which shall be
open to those inside and outside the service who meet the minimum
qualification requirements. Entrance to a higher level does not
require previous qualification in the lower level. Entrance to the
third level shall be prescribed by the Career Executive Service Board.
Within the same level, no civil service examination shall be
required for promotion to a higher position in one or more related
occupational groups. A candidate for promotion should, however, have
previously passed the examination for that level.
ARTICLE V. ORGANIZATION AND FUNCTIONS
Composition of the Civil Service Commission.
SEC. 8. Composition of the Civil Service Commission.—
An independent Civil Service Commission, herein after referred
to as the Commission is hereby established composed of a Chairman and
two Commissioners, who shall be responsible for the effective
discharge of the functions of the Commission. They shall be appointed
by the President for a term of seven years without reappointment. Of
the Commissioners first appointed, one shall hold office for seven
years, another for five years, and the third for three years: Provided,
That appointment to any vacancy shall be only for the unexpired portion
of the term of the predecessors.
To be eligible for appointment as Chairman or Commissioners, a
person should be a natural born citizen of the Philippines, at least
thirty-five years of age at the time of appointment, a. holder of a
college degree and must not have been a candidate for any elective
position in the election immediately preceding his appointment.
The Chairman and each Commissioner shall receive an annual
compensation of sixty thousand pesos and fifty thousand pesos which
shall not be decreased during their continuance in office: Provided;
That no member of the Commission shall, daring his tenure in office,
engage in the practice of any profession or in the management of any
business, or be financially interested directly or indirectly in any
contract with, or in any franchise or privilege granted by, the
Government, or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations.
Powers and Functions of the Commission.
SEC. 9. Powers and Functions of the Commission.—The
Commission shall administer the Civil Service and shall have the
following powers and functions:
Administer and enforce the constitutional and statutory
provisions on the merit system;
Prescribe, amend and enforce suitable rules and regulations for
carrying into effect the provisions of this Decree. These rules and
regulations shall become effective thirty days after publication in the
Official Gazette or in any newspaper of general circulation;
Promulgate policies, standards, and guidelines for the Civil
Service and adopt plans and programs to promote economical, efficient,
and effective personnel administration in the government: and prescribe
all forms for publications, examinations, appointments, reports,
records, and such other forms as may be required under this Decree;
Advise the President on all matters involving personnel
management in the government service and assist in the improvement of
personnel units and programs in the departments and agencies;
Appoint its personnel and exercise overall supervision and
control over the activities of the Commission;
Supervise and coordinate the conduct of civil service
examinations being administered by the departments concerned as provided
for under Paragraph 5, Article III, Chapter II, Part III of the
Integrated Reorganization Plan;
Provide leadership and assistance in formulating,
administering, and evaluating programs relative to the development and
retention of a competent and efficient work force in the public service;
Approve all appointments, whether original or promotional, to
positions in the civil service, except those of presidential appointees,
members of the Armed Forces of the Philippines, police forces, firemen,
and jailguards, and disapprove those where the appointees do not
possess the appropriate eligibility or required qualifications. An
appointment shall take effect immediately upon issue by the appointing
authority if the appointee assumes his duties immediately and shall
remain effective until it is disapproved by the Commission, if this
should take place, without prejudice to the liability of the appointing
authority for appointments issued in violation of existing laws or
rules: Provided, finally, That the Commission shall keep a record
of appointments of all officers and employees in the civil service. All
appointments requiring the approval of the Commission as herein
provided, shall be submitted to it by the appointing authority within
thirty days from issuance, otherwise, the appointment becomes
ineffective thirty days thereafter.
Inspect and audit periodically the personnel work programs of
the different departments, bureaus, offices, agencies and other
instrumentalities of the government, including government-owned or
controlled corporations, conduct periodic review of decisions and
actions of offices or officials to whom authority has been delegated by
the Commission as well as the conduct of the officials and employees in
these offices and apply appropriate sanctions whenever necessary;
Hear and decide administrative disciplinary cases instituted
directly with it in accordance with Section 37 or brought to it on
appeal;
Issue subpoena and subpoena duces tecum or require the
production of books and papers pertinent to investigations and inquiries
to be made by the Commission in accordance with its authority conferred
by the Constitution, this Decree, and other laws, decrees, or letters
of instructions issued by the President; summon witnesses to appear at
such investigation or inquiries;
Submit to the President an annual report which shall contain an
adequate evaluation of the progress of the merit system and the
problems encountered in its implementation; and
Perform such other functions as properly belong to a central
personnel agency.
Duties and Responsibilities of the Chairman.
SEC. 10. Duties and Responsibilities of the Chairman.—
Subject to policies and resolution adopted by the Commission,
the Chairman shall:
Direct the operations of the Commission including
those pertaining to its internal administration;
Establish standard operating procedures for the effective
operations of the Commission;
Transmit to the President, rules, regulations, and
other guidelines adopted by the Commission which require Presidential
attention including annual and other periodic reports as may be
necessary;
Issue appointments to, and enforce decision on administrative
discipline involving officials and employees of the Commission;
Delegate authority for the performance of any function to
officials of the Commission;
Submit the annual and supplemental budgets of the Commission;
and
Perform such other functions as may be provided by law.
In his capacity as member of the Career Executive Service
Board, he shall present appropriate viewpoints in the deliberations of
the Board that would seek to insure that policies and programs of the
Board are properly harmonized with the overall policies and programs
of personnel management in the government.
There shall be an Executive Director in the Office of the
Chairman who shall be responsible for the effective implementation of
the policies, rules and standards promulgated by the Commission, to
coordinate and supervise the activities of the different offices in the
Commission including those of the regional offices; to report to the
Chairman the operations of such offices; and to perform such functions
as may be assigned to him by the Chairman.
Duties and Responsibilities of the Other Members of the Commission.
SEC. 11. Duties and Responsibilities of the Other
Members of the Commission.—Jointly with the Chairman, the two
Commissioners shall be responsible for the effective exercise of the
rule-making and adjudicative functions of the Commission. In case of the
absence of the Chairman, owing to illness or other cause, the senior
member shall temporarily perform the functions of the Chairman.
Offices in the Commission.
SEC. 12. Offices in the Commission.—The
Commission shall carry out its functions through the following Offices
and Service: (1) Office of Recruitment, Examination and Selection, (2)
Office of Career and Employee Development. (3) Office of Personnel
Planning and Program Evaluation, (4) Office of Personnel Relations,
(5) Office of Legal Affairs, and (6) Administrative Service. It
shall keep and maintain such regional offices as the exigencies of the
service so require in accordance with the pertinent pro visions of
Chapter III, Part II of the Integrated Reorganization Plan, or as may be
provided by law.
The Office of Recruitment, Examination and Selection, headed by
a Director, shall provide leadership and assistance in developing and
implementing the overall Commission program relating to recruitment,
examination and selections.
The Office of Career and Employee Development, headed by a
Director, shall provide leadership and assistance to line agencies in
formulating, administering, and evaluating programs relating to the
development and retention of skilled and efficient work force in the
public service, develop policies, standards and procedures on the
establishment and administration of departmental and agency career and
personnel development plans which shall include provisions on
merit promotions, performance evaluation, in-service training, job
rotation, suggestions and incentive award system; integrate such plans
into a national plan; and monitor and evaluate progress in connection
therewith.
The Office of Personnel Planning and Program Evaluation,
headed by a Director, shall provide the Commission with economical,
efficient, and effective service relating to policy development, program
planning, research and statistics, budgetary and management services;
and shall conduct periodic evaluation of personnel management programs
and performance of the different departments and agencies of the
national government, including government-owned or controlled
corporations.
The Office of Personnel Relations, headed by a Director,
shall provide leadership and assistance in developing employee
relations programs in the different departments and agencies, including
the establishment of employee organizations and the coordination
of their activities.
The Office of Legal Affairs, headed by a Director, shall
assist the Commission on all matters relating to administrative
discipline and in its quasi-judicial and rule-making functions and the
prosecution of violation of Civil Service Law and Rules and laws
affecting the Civil Service and such other functions as may be assigned
by the Chairman.
The Administrative Service, headed by a Director, shall provide
the Commission with economical, efficient, and effective services
relating to personnel, records, supplies, equipment, collection,
disbursements, accounting, and data processing and custodial services.
Regional Offices.
SEC. 13. Regional Offices.—Each regional office of
the Commission shall exercise the following authority:
Enforce Civil Service Law and Rules in connection with
personnel actions of national and local government agencies within the
region, and the conduct of public officers and employees;
Conduct recruitment and examination for government-wide
positions in the region;
Provide technical advice and assistance to public agencies
within the region regarding personnel administration; and
Perform such other functions as may be assigned to it by the
Commission.
Authority to Reorganize.
SEC. 14. Authority to Reorganize.—In order to carry
out the powers and functions set forth in this Decree, the Commission is
hereby authorized to reorganize the internal structure of the
Commission subject to the approval of the President: Provided,
however, That this authority shall not extend beyond December 31,
1976.
ARTICLE VI. RESPONSIBILITIES OF PUBLIC
Duties of Public Officers.
SEC. 15. Duties of Public Officers.—Public
office is a public trust. Public officers and employees shall serve with
the highest degree of responsibility, integrity, loyalty, and
efficiency, and shall remain accountable to the people.
ARTICLE VII. INTERDEPARTMENT RELATIONS
Civil Service Assistance to Departments and, Agencies.
SEC. 16. Civil Service Assistance to Departments
and, Agencies.—Each head of department, office, agency,
government-owned or controlled corporation and local government shall be
responsible for personnel administration in his office which shall be
in accordance with the provision relating to civil service embodied in
the Constitution, this Decree and the rules, principles, standards,
guidelines and regulations established by the Commission. Whenever it
deems it in the interest of the public service, the Civil Service
Commission shall organize in each department, office, agency,
government-owned or controlled corporation, and provincial and city
government a Civil Service Staff which shall be headed by an officer of
the Commission. The necessary staff personnel and office facilities and
equipment shall be provided by the department, government-owned or
controlled corporation or local government where the staff is
established but the Commission may augment these with its own. This
shall serve as the principal liaison between the Civil Service and the
Department concerned and shall perform the following specific functions
and those functions which may hereafter be assigned to it by the
Commission:
Provide technical assistance in all aspects of
personnel management;
Monitor and audit periodically the personnel practices and
performance of the Department or agency concerned as well as those of
public officers and employees thereat;
Determine agency compliance with Civil Service Law and
rules; and
In the performance of these functions, the Staff shall welcome
and receive from the public any suggestions, observations and
complaints pertaining to the conduct of public officers and employees.
In the performance of their functions, the units so organized
shall avail of the technical assistance and guidelines of the Civil
Service Commission.
Council of Personnel Officers.
SEC. 17. Council of Personnel
Officers.—There is hereby created a Council of Personnel Officers to
be composed of Chief personnel officers of the different executive
departments and of agencies with the category of department that the
Chairman of the Commission shall select for membership. Except for its
Executive Officer who shall be designated by the Chairman from among
the appropriate officials in the Civil Service Commission, the Council
is authorized to elect such other officers from among its members and to
fix its own rules or procedures concerning attendance at meetings,
approval of policy declaration, and other business matters. Provisions
for necessary facilities and clerical assistance for the Council shall
be made in the annual budget of the Commission.
The Council shall
have the following functions:
Upon request of the Head of Department or the Commission, to
offer advice in developing constructive policies, standards,
procedures, and programs as well as on matters relating to the
improvement of personnel methods and to the solution of personnel
problems confronting the various departments and agencies of the
government;
To promote among the departments and agencies, through study
and discussion, uniform and consistent interpretation and application of
personnel policies; and
To serve as a clearing house of information and to stimulate
the use of methods of personnel management that will contribute most to
good government.
Inspection and Audit.
SEC. 18. Inspection and Audit.—The Commission,
through its designated representatives, shall conduct a periodic
inspection and audit of the personnel management program of each
department, agency, province or city, in order to: (a) determine
compliance with this Decree, rules and standards; (b) review discharge
of delegated authority; (c) make an adequate evaluation of the progress
made and problems encountered in the conduct of the merit system in the
national and local governments including government-owned or controlled
corporations; (d) give advice and provide assistance in developing
constructive policies, standards and procedures, and (e) stimulate
improvement in all areas of personnel management.
Periodic
inspection and audit will include an appraisal of personnel management
operations and activities relative to: (a) formulation and issuance of
personnel policy; (b) recruitment and selection of employees; (c)
personnel action and employment status; (d) career and employee
development; (e) performance evaluation system; (f) employee suggestions
and incentive award; (g) employee relations and services; (h)
discipline; (i) personnel records and reporting; and (j) program
evaluation.
ARTICLE VIII. PERSONNEL POLICIES AND
Recruitment and Selection of Employees.
SEC. 19. Recruitment and Selection of Employees.—
(1) Opportunity for government employment shall be open to all
qualified citizens and positive efforts shall be exerted to attract the
best qualified to enter the service. Employees shall be selected on the
basis of fitness to perform the duties and assume the responsibilities
of the positions.
When a vacancy occurs in a position in the first level of the
Career Service as defined in Section 7, the employees in the department
who occupy the next lower positions in the occupational group under
which the vacant position is classified, and in other functionally
related occupational groups and who are competent, qualified and with
the appropriate civil service eligibility shall be considered for
promotion.
When a vacancy occurs in a position in the second level of the
Career Service as defined in Section 7, the employees in the government
service who occupy the next lower positions in the occupational group
under which the vacant position is classified and in other
functionally related occupational groups and who are competent,
qualified and with the appropriate civil service eligibility shall be
considered for promotion.
For purposes of this Section, each department or agency shall
evolve its own screening process, which may include tests of fitness, in
accordance with standards and guidelines set by the Commission.
Promotion boards shall be formed to formulate criteria for evaluation,
conduct tests and/or interviews, and make systematic assessment of
training and experience.
If the vacancy is not filled by promotion as provided herein
the same shall be filled by transfer of present employees in the
government service, by reinstatement, by re-employment of persons
separated through reduction in force, or by appointment of persons with
the civil service eligibility appropriate to the positions.
A qualified next-in-rank employee shall have the right to
appeal initially to the department head and finally to the Office of the
President an appointment made (1) in favor of another next-in-rank
employee who is not qualified, or (2) in favor of one who is not
next-in-rank, or (3) in favor of one who is appointed by transfer and
not next-in-rank, or by reinstatement, or by original appointment
if the employee making the appeal is not satisfied with the written
special reason or reasons given by the appointing authority for such
appointment: Provided, That final appeal shall be to the department head
concerned if the appointment is issued to a qualified next-in-rank
employee. Before deciding a contested appointment, the Office of the
President shall consult the Civil Service Commission. For purposes of
this Section, "qualified next-in-rank" refers to an employee appointed
on a permanent basis to a position previously determined to be
next-in-rank to the vacancy proposed to be filled and who meets the
requisites for appointment thereto as previously determined by the
appointing authority and approved by the Commission.
Qualification in an appropriate examination shall be required
for appointment to positions in the first and second levels in the
career service in accordance with the Civil Service rules, except as
otherwise provided in this Decree: Provided, That whenever there
is a civil service eligible actually available for appointment, no
person who is not such an eligible shall be appointed even in a
temporary capacity to any vacant position in the career service in the
government or in any government-owned or controlled corporation, except
when the immediate filling of the vacancy is urgently required in the
public interest, or when the vacancy is not permanent, in which cases
temporary appointments of non-eligibles may be made in the absence of
eligibles actually and immediately available.
The appropriate examinations herein referred to shall be those
given by the Commission and the different agencies: Provided, however,
That nothing herein shall affect those eligibilities acquired prior to
the effectivity of this Civil Service Law: Provided, further,
That a person with a civil service eligibility acquired by successfully
passing an examination shall be qualified for a position requiring a
lower eligibility if he possesses the other requirements for
appointment to such position.
Those who acquired civil service eligibility after the passage
of the Integrated Reorganization Plan by virtue of having passed civil
service examinations or their equivalents may avail of said
eligibilities within a period not exceeding five years.
Qualification Standards.
SEC. 20. Qualification Standards.—(1) A
qualification standard expresses the minimum requirements for a class of
positions in terms of education, training and experience, civil service
eligibility, physical fitness, and other qualities required for
successful performance. The degree of qualifications of an officer or
employee shall be determined by the appointing authority on the basis of
the qualification standard for the particular position.
Qualification standards shall be used as basis for civil service
examinations for positions in the career service, as guides in
appointment and other personnel actions, in the adjudication of
protested appointments, in determining training needs, and as aid in the
inspection and audit of the agencies' personnel work programs.
It shall be administered in such manner as to continually provide
incentives to officers and employees towards professional growth and
foster the career system in the government service.
(2) The establishment, administration and maintenance of
qualification standards shall be the responsibility of the department or
agency, with the assistance and approval of the Civil Service
Commission and in consultation with the Wage and Position Classification
Office.
Release of Examination Results.
SEC. 21. Release of Examination Results.—The results
of any particular civil service examination held in a number of places
on the same date shall be released simultaneously.
Register of Eligibles.
SEC. 22. Register of Eligibles.—The names of the
competitors who pass an examination shall be entered in a register of
eligibles arranged in the order of their general ratings and containing
such information as the Commission may deem necessary.
Cultural Communities.
SEC. 23. Cultural Communities.—In line with the
national policy to facilitate the integration of the members of cultural
communities and accelerate the development of the areas occupied by
them, the Commission shall give special civil service examinations to
qualify them for appointment in the civil service.
Personnel Actions.
SEC. 24. Personnel Actions.—All appointments in
the career service shall be made only according to merit and fitness, to
be determined as far as practicable by competitive examinations. A
non-eligible shall not be appointed to any position in the civil service
whenever there is a civil service eligible actually available for and
ready to accept appointment.
As used in this Decree, any action denoting the movement or
progress of personnel in the civil service shall be known as personnel
action. Such action shall include appointment through certification,
promotion, transfer, reinstatement reemployment, detail, reassignment,
demotion, and separation. All personnel actions shall be in accordance
with such rules, standards, and regulations as may be promulgated by the
Commission.
Appointment through certification.—An appointment
through certification to a position in the civil service, except as
herein otherwise provided, shall be issued to a person who has been
selected from a list of qualified persons certified by the Commission
from an appropriate register of eligibles, and who meets all the other
requirements of the position.
All such persons must serve a probationary period of six months
following their original appointment and shall undergo a thorough
character investigation in order to adquire permanent civil service
status. A probationer may be dropped from the service for unsatisfactory
conduct or want of capacity any time before the expiration of the
probationary period: Provided, That such action is appeal-able to
the Commission.
Promotion.—A promotion is a movement from one position to
another with an increase in duties and responsibilities as authorized
by law and usually accompanied by an increase in pay. The movement
may be from one department or agency to another, or from one
organizational unit to another in the same department or agency.
Transfer.—A transfer is a movement from one position to
another which is of equivalent rank, level, or salary without break in
service involving the issuance of an appointment.
It shall not be considered disciplinary when made in the interest of
public service, in which case, the employee concerned shall be informed
of the reasons therefore. If the employee believes that there is no
justification for the transfer, he may appeal his case to the
Commission.
The transfer may be from one department or agency to another or from
one organizational unit to another in the same department or agency: Provided,
however, That any movement from the non-career service to the
career service shall not be considered a transfer.
Reinstatement.—Any person who has been permanently
appointed to a position in the career service and who has, through no
delinquency or misconduct, been separated therefrom, may be reinstated
to a position in the same level for which he is qualified.
Reemployment.—Names of persons who have been appointed
permanently to positions in the career service and who have been
separated as a result of reduction in force and/or reorganization, shall
be entered in a list from which selection for reemployment shall be
made.
Detail.—A detail is the movement of an employee from one
agency to another without the issuance of an appointment and shall be
allowed, only for a limited period in the case of employees occupying
professional, technical and scientific positions. If the employee
believes that there is no justification for the detail, he may appeal
his case to the Commission. Pending appeal, the decision to detail the
employee shall be executory unless otherwise ordered by the Commission.
Reassignment.—An employee may be reassigned from one
organizational unit to another in the same agency: Provided,
That such reassignment shall not involve a reduction in rank, status
or salary.
Employment Status.
SEC. 25. Employment Status.—Appointment in the
career service shall be permanent or temporary.
Permanent status.—A permanent appointment shall be
issued to a person who meets all the requirements for the position to
which he is being appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of laws, rules and
standards promulgated in pursuance thereof.
Temporary appointment.—In the absence of appropriate
eligibles and it becomes necessary in the public interest to fill a
vacancy, a temporary appointment shall be issued to a person who meets
all the requirements for the position to which he is being appointed
except the appropriate civil service eligibility: Provided,
That such temporary appointment shall not exceed twelve months, but the
appointee may be replaced sooner if a qualified civil service eligible
becomes available.
Salary Increase or Adjustment.
SEC. 26. Salary Increase or Adjustment.—Adjustments
in salaries as a result of increase in pay levels or upgrading of
positions which do not involve a change in qualification requirements
shall not require new appointments except that copies of the salary
adjustment notices shall be submitted to the Commission for record
purposes.
Reduction in Force.
SEC. 27. Reduction in Force.—Whenever it becomes
necessary because of 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, to reduce the staff of any department or agency, those
in the same group or class of positions in one or more agencies within
the particular department or agency wherein the reduction is to be
effected, shall be reasonably compared in terms of relative fitness,
efficiency and length of service, and those found to be least qualified
for the remaining positions shall be laid off.
Career and Personnel Development.
SEC. 28. Career and Personnel Development.—The
development and retention of a competent and efficient work force in the
public service is a primary concern of government. It shall be the
policy of the government that a continuing program of career and
personnel development be established for all government employees at all
levels. An integrated national plan for career and personnel
development shall serve as the basis for all career and personnel
development activities in the government.
Career and Personnel Development Plans.
SEC. 29. Career and Personnel Development Plans.—
Each department or agency shall prepare a career and personnel
development plan which shall be integrated into a national plan by the
Commission. Such career and personnel development plans which shall
include provisions on merit promotions, performance evaluation,
in-service training, including overseas and local scholarships and
training grants, job rotation, suggestions and incentive award systems,
and such other provisions for employees' health, welfare, counseling,
recreation and similar services.
Merit Promotion Plans.
SEC. 30. Merit Promotion Plans.—Each department
or agency shall establish merit promotion plans which shall be
administered in accordance with the provisions of this Decree and the
rules, regulations, and standards to be promulgated by the Commission.
Such plans shall include provisions for a definite screening process,
which may include tests of fitness, in accordance with standards and
guidelines set by the Commission. Promotion Boards may be organized
subject to criteria drawn by the Commission.
Performance Evaluation System.
SEC. 31. Performance Evaluation System.—There
shall be established a performance evaluation system, which shall be
administered in accordance with rules, regulations, and standards
promulgated by the Commission for all officers and employees in the
career service. Such performance evaluation system shall be administered
in such manner as to continually foster the improvement of individual
employee efficiency and organizational effectiveness.
Each department or agency may, after consultation with the
Commission, establish and use one or more performance evaluation plans
appropriate to the various groups of positions in the department or
agency concerned. No performance evaluation shall be given, or used as a
basis for personnel action, except under an approved performance
evaluation plan: Provided, That each employee shall be informed
periodically by his supervisor of his performance evaluation.
Responsibility for Training.
SEC. 32. Responsibility for Training.—The
Commission shall be responsible for the coordination and integration of a
continuing program of personnel development for all government
personnel in the first and second levels.
Central staff agencies and specialized institutes shall
conduct continuing centralized training for staff specialists from the
different agencies. However, in those cases where there is sufficient
number of participants to warrant training at department or agency or
local government level, such central staff agencies and specialized
institutes shall render the necessary assistance, and consultative
services.
To avoid duplication of effort and overlapping of
training functions, the following functional responsibilities are
assigned:
Public and private colleges and universities and similar
institutions shall be encouraged to organize and carry out continuing
programs of executive development.
The Commission, the Commission on Audit, the Budget Commission,
the General Services Administration, and other central staff agencies
shall conduct centralized training and assist in the training program of
the Departments or agencies along their respective functional areas of
specialization.
In coordination with the Commission, the Department of Local
Government and Community Development shall undertake local government
training programs.
In coordination with the Commission, each department or agency,
province or city shall establish, maintain and promote a systematic
plan of action for personnel training at all levels in accordance with
standards laid down by the Commission. It shall maintain appropriate
training staffs and make full use of available training facilities.
Whenever it deems it necessary, the Commission shall take the
initiative in undertaking programs for personnel development.
SEC.
33. Employee Suggestions and Incentive Award System.—There
shall be established a government-wide employee suggestions and
incentive awards system which shall be administered under such rules,
regulations, and standards as may be promulgated by the Commission.
In accordance with rules, regulations, and standards promulgated by the
Commission, the President or the head of each department or agency is
authorized to incur whatever necessary expenses involved in the honorary
recognition of subordinate officers and employees of the government who
by their suggestions, inventions, superior accomplishment, and other
personal efforts contribute to the efficiency, economy, or other
improvement of government operations, or who perform such other
extraordinary acts or services in the public interest in connection
with, or in relation to, their official employment.
Personnel Relations.
SEC. 34. Personnel Relations.—(a) It shall be the
concern of the Commission to provide leadership and assistance in
developing employee relations programs in the departments or agencies.
(b) Every head of department or agency shall take all proper
steps toward the creation of an atmosphere conducive to good
supervisor-employee relations and the improvement of employee morale.
Complaints and Grievances.
SEC. 35. Complaints and Grievances.— Employees shall have
the right to present their complaints or grievances to management and
have them adjudicated as expeditiously as possible in the best interest
of the agency, the government as a whole, and the employee concerned.
Such complaint or grievances shall be resolved at the lowest possible
level in the department or agency, as the case may be, and the employee
shall have the right to appeal such decision to higher authorities.
Each department or agency shall promulgate rules and regulations
governing expeditious, fair, and equitable adjustment of employees'
complaints or grievances in accordance with the policies enunciated by
the Commission.
Discipline: General Provisions.
SEC. 36. Discipline: General Provisions.—(a) No
officer or employee in the Civil Service shall be suspended or dismissed
except for cause as provided by law and after due process.
(b)
The following shall be grounds for disciplinary action:
Dishonesty;
Oppression;
Neglect of duty;
Misconduct;
Disgraceful and immoral conduct;
Being notoriously undesirable;
Discourtesy in the course of official duties;
Inefficiency and incompetence in the performance of official
duties;
Receiving for personal use of a fee, gift or other valuable
thing in the course of official duties or in connection therewith when
such fee, gift, or other valuable thing is given by any person in the
hope or expectation of receiving a favor or better treatment than that
accorded other persons, or commit ting acts punishable under the
anti-graft laws;
Conviction of a crime involving moral turpitude;
Improper or unauthorized solicitation of contributions from
subordinate employees and by teachers or school officials from school
children;
Violation of existing Civil Service Law and rules or reasonable
office regulations;
Frequent unauthorized absences or tardiness in
Frequent unauthorized absences or tardiness in reporting for
duty, loafing or frequent unauthorized absences from duty during
regular office hours;
Habitual drunkenness;
Gambling prohibited by law;
Refusal to perform official duty or render over time service;
Disgraceful, immoral or dishonest conduct prior to entering the
service;
Physical or mental incapacity or disability due to immoral or
vicious habits;
Borrowing money by superior officers from subordinates or
lending by subordinates to superior officers;
Lending money at usurious rates of interest;
Willful failure to pay just debts or willful failure to pay
taxes due to the government;
Contracting loans of money or other property from persons with
whom the office of the employee concerned has business relations;
Pursuit of private business, vocation of profession without the
permission required by Civil Service rules and regulations;
Insubordination;
Engaging directly or indirectly in partisan political
activities by one holding non-political office;
Conduct prejudicial to the best interest of the service;
Lobbying for personal interest or gain in legislative halls and
offices without authority;
Promoting the sale of tickets in behalf of private enterprises
that are not intended for charitable or public welfare purposes and
even in the latter cases if there is no prior authority;
Nepotism as defined in Section 49 of this Decree.
(c) Except when initiated by the disciplining authority, no
complaint against a civil service official or employee shall be given
due course unless the same is in writing and subscribed and sworn to by
the complainant.
(d) In meeting out punishment, the same penalties shall be
imposed for similar offenses and only one penalty shall be imposed in
each case. The disciplining authority may impose the penalty of
removal from the service, transfer, demotion in rank, suspension for not
more than one year without pay, fine in an amount not exceeding six
months' salary, or reprimand.
Disciplinary Jurisdiction.
SEC. 37. Disciplinary Jurisdiction.—(a) The
Commission shall decide upon appeal all administrative disciplinary
cases involving the imposition of a penalty of suspension for more than
thirty days, or fine in an amount exceeding thirty days' salary,
demotion in rank or salary or transfer, removal or dismissal from
office. A complaint may be filed directly with the Commission by a
private citizen against a government official or employee in which case
it may hear and decide the case or it may deputize any department or
agency or official or group of officials to conduct the investigation.
The results of the investigation shall be submitted to the Commission
with recommendation as to the penalty to be imposed or other action to
be taken.
(b) The heads of departments, agencies and
instrumentalities, provinces, cities and municipalities shall have
jurisdiction to investigate and decide matters involving disciplinary
action against officers and employees under their jurisdiction. Their
decisions shall be final in case the penalty imposed is suspension for
not more than thirty days or fine in an amount not exceeding thirty
days' salary. In case the decision rendered by a bureau or office head
is appealable to the Commission, the same may be initially appealed to
the department and finally to the Commission and pending appeal, the
same shall be executory except when the penalty is removal, in which
case the same shall be executory only after confirmation by the
department head.
(c) An investigation may be entrusted to regional director or
similar officials who shall make the necessary report and recommendation
to the chief of bureau or office or department within the period
specified in Paragraph d of the following Section.
(d) An appeal shall not stop the decision from being executory,
and in case the penalty is suspension or removal, the respondent shall
be considered as having been under preventive suspension during the
pendency of the appeal in the event he wins an appeal.
Procedure in Administrative Cases Against Non-Presidential Appointees.
SEC. 38. Procedure in Administrative Cases Against
Non-Presidential Appointees.—(a) Administrative proceedings may be
commenced against a subordinate officer or employee by the head of
department or office of equivalent rank, or head of local government, or
chiefs of agencies, or regional directors, or upon sworn, written
complaint of any other persons.
(b) In the case of a complaint
filed by any other per sons, the complainant shall submit sworn
statements covering his testimony and those of his witnesses together
with his documentary evidence. If on the basis of such papers a prima
facie case is found not to exist, the disciplining authority shall
dismiss the case. If a prima facie case exists, he shall
notify the respondent in writing, of the charges against the latter, to
which shall be attached copies of the complaint, sworn statements and
other documents submitted, and the respondent shall be allowed not less
than seventy-two hours after receipt of the complaint to answer the
charges in writing under oath, together with supporting sworn statements
and documents, in which he shall indicate whether or not he elects a
formal investigation if his answer is not considered satisfactory. If
the answer is found satisfactory, the disciplining authority shall
dismiss the case.
(c) Although a respondent does not request a formal
investigation, one shall nevertheless be conducted when from the
allegations of the complaint and the answer of the respondent, including
the supporting documents, the merits of the case cannot be decided
judiciously without conducting such an investigation.
(d) The investigation shall be held not earlier than five days
nor later than ten days from the date of receipt of respondent's answer
by the disciplining authority, and shall be finished within thirty days
from the filing of the charges, unless the period is extended by the
Commission in meritorious cases. The decision shall be rendered by the
disciplining authority within thirty days from the termination of the
investigation or submission of the report of the investigator, which
report shall be submitted within fifteen days from the conclusion of the
investigation.
(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 the cross-examination, by respondent and the
complainant, respectively, shall be based. Following cross-examination,
there may be redirect and recross-examination.
(f) Either party may avail himself of the services of counsel
and may require the attendance of witnesses and the production of
documentary evidence in his favor through the compulsory process of
subpoena or subpoena duces tecum.
(g) The investigation shall be conducted only for the purpose
of ascertaining the truth and without necessarily adhering to technical
rules applicable in judicial proceedings. It shall be conducted by the
disciplining authority concerned or his authorized representative.
The phrase "any other party" shall be understood to be a
complainant other than those referred to in subsection (a) hereof.
Appeals.
SEC. 39. Appeals.—(a) Appeals, where allowable, shall be
made by the party adversely affected by the decision within fifteen days
from receipt of the decision unless a petition for reconsideration is
seasonably filed, which petition shall be decided within fifteen days.
Notice of the appeal shall be filed with the disciplining office, which
shall forward the records of the case, together with the notice of
appeal, to the appellate authority within fifteen days from filing of
the notice of appeal, with its comment, if any. The notice of appeal
shall specifically state the date of the decision appealed from and the
date of receipt thereof, it shall also specifically set forth clearly
the grounds relied upon for excepting from the decision.
(b) A
petition for reconsideration shall be based only on any of the following
grounds: (1) new evidence has been discovered which materially affects
the decision rendered; (2) the decision is not supported by the evidence
on record; or (3) errors of law or irregularities have been committed
prejudicial to the interest of the respondent; Provided, That
only one petition for reconsideration shall be entertained.
SEC.
40. Summary Proceedings.—No formal investigation is
necessary and the respondent may be immediately removed or dismissed if
any of the following circumstances is present:
When the charge is serious and the evidence of guilt is strong.
When the respondent is a recidivist or has been repeatedly
charged and there is reasonable ground to believe that he is guilty of
the present charge.
When the respondent is notoriously undesirable.
Resort to summary proceedings by disciplining authority shall be
done with utmost objectivity and impartiality to the end that no
injustice is committed: Provided, That removal or dismissal
except those by the President, himself, or upon his order, may be
appealed to the Commission.
Preventive Suspension.
SEC. 41. Preventive Suspension.—The proper
disciplining authority may preventively suspend any subordinate officer
or employee under his authority pending an investigation, if the charge
against such officer or employee involves dishonesty, oppression or
grave misconduct, or neglect in the performance of duty, or if there are
reasons to believe that the respondent is guilty of charges which would
warrant his removal from the service.
Lifting of Preventive Suspension Pending Administrative Investigation.
SEC. 42. Lifting of Preventive Suspension Pending
Administrative Investigation.—When the administrative case against
the officer or employee under preventive suspension is not finally
decided by the disciplining authority within the period of ninety (90)
days after the date of suspension of the respondent who is not a
presidential appointee, 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 counted in computing the
period of suspension herein provided.
Removal of Administrative Penalties or Disabilities.
SEC. 43. Removal of Administrative Penalties or
Disabilities.—In meritorious cases and upon recommendation of the
Commission, the President may commute or remove administrative penalties
or disabilities imposed upon officers or employees in disciplinary
cases, subject to such terms and conditions as he may impose in the
interest of the service.
Limitation on Appointment.
SEC. 44. Limitation on Appointment.—(1) No
elective official shall be eligible for appointment to any office or
position during his term of office.
(2) No candidate who lost in
an election shall be eligible for appointment to any office in the
government, or in any government-owned or controlled corporation within
one year following such election.
Political Activity.
SEC. 45. Political
Activity.—No officer or employee in the Civil Service including
members of the Armed Forces, shall engage directly or indirectly in any
partisan political activity or take part in any election except to vote
nor shall he use his official authority or influence to coerce the
political activity of any other person or body. Nothing herein provided
shall be understood o prevent any officer or employee from expressing
his views on current political problems or issues, or from mentioning
the names of candidates for public office whom he supports: Provided,
That public officers and employees holding political offices may take
part in political and electoral activities but it shall be unlawful for
them to solicit contributions from their subordinates or subject them to
any of the acts involving subordinates prohibited in the Election Code.
Additional or double Compensation.
SEC. 46. Additional or double Compensation.—No
elective or appointive public officer or employee shall receive
additional or double compensation unless specifically authorized by law
nor accept, without the consent of the President, any present,
emolument, office, or title of any kind from any foreign state.
Limitation on Employment of Laborers.
SEC. 47. Limitation on Employment of Laborers.—Laborers,
whether skilled, semi-skilled or unskilled, shall not be assigned to
perform clerical duties.
Prohibition on Detail or Reassignment.
SEC. 48. Prohibition on Detail or Reassignment.—No
detail or reassignment whatever shall be made within three (3) months
before any election.
Nepotism.
SEC. 49. Nepotism.—(a) All appointments in the
nation-al, provincial, city and municipal governments or in any branch
or instrumentality thereof, including government-owned or controlled
corporations, made in favor of a relative of the appointing or
recommending authority, or of the chief of the bureau or office, or of
the persons exercising immediate supervision over him, are hereby
prohibited.
As used in this Section, the word "relative" and members of
the family referred, to are those related within the third degree either
of consanguinity or of affinity.
(b) The following are exempted from the operation of the rules
on nepotism: (1) persons employed in a confidential capacity, (2)
teachers, (3) physicians, and (4) members of the Armed Forces of the
Philippines: Provided, however, That in each particular instance
full report of such appointment shall be made to the Commission.
The restriction mentioned in subsection (a) shall not be
applicable to the case of a member of any family who, after his or her
appointment to any position in an office or bureau, contracts marriage
with someone in the same office or bureau, in which event the employment
or retention therein of both husband and wife may be allowed.
(c) In order to give immediate effect to these provisions, cases of
previous appointments which are in contravention hereof shall be
corrected by transfer, and pending such transfer, no promotion or salary
increase shall be allowed in favor of the relative or relatives who
were appointed in violation of these provisions.
ARTICLE XI. MISCELLANEOUS PROVISIONS
Examining Committee, Special Examiners and Special Investigators.
SEC. 50. Examining Committee, Special Examiners and
Special Investigators.—Subject to approval by the proper head of
department or agency, the Commission may select suitable persons in the
government service to act as members of examining committees, special
examiners or special investigators. Such person shall be designated
examiners or investigators of the Commission and shall perform such
duties as the Commission may require, and in the performance of such
duties they shall be under its exclusive control. Examining committees,
special examiners or special investigators so designated may be given
allowances or per diems for their services, to be paid out of the funds
of, and at a rate to be determined by, the Commission.
Fees.
SEC. 51. Fees.—The Commission shall collect and
charge fees for civil service examinations, certifications of civil
service ratings, service records, and other civil service matters,
training courses, seminars, workshops in personnel management and other
civil service matters. For this purpose, the Commission shall prescribe
standard and reasonable rates for such examinations, certifications,
training courses, seminars, and workshops: Provided, That the
fees so collected in training courses, seminars and workshops, shall be
used exclusively for training activities of the Commission: Provided,
further, That no examination fess shall be collected in
examinations given for the selection of scholars.
Authority of Officers to Administer Oaths, Take Testimony, Prosecute and Defend Cases in Court.
SEC. 52. Authority of Officers to Administer Oaths,
Take Testimony, Prosecute and Defend Cases in Court.—Members of the
Commission, chiefs of offices, and other officers and employees of the
Commission designated in writing by the Chairman may administer such
oath as may be necessary in the transactions of official business and
administer oaths and take testimony in connection with any authorized
investigation. Attorneys of the Commission may prosecute and defend
cases in connection with the functions of the Commission before any
court or tribunal.
Liability of Appointing Authority.
SEC. 53. Liability of Appointing Authority.—No
person employed in the Civil Service in violation of the Civil Service
Law and rules shall be entitled to receive pay from the government; but
the appointing authority responsible for such unlawful employment shall
be person-ally liable for the pay that would have accrued had the
employment been lawful, and the disbursing officials shall make payment
to the employee of such amount from salary of the officers so liable.
Liability of Disbursing Officers.
SEC. 54. Liability of Disbursing Officers.—Except
as may otherwise be provided by law, it shall be unlawful for a
treasurer or other fiscal officer to draw or retain from the salary due
an officer or employee any amount for contribution or payment of
obligations other than those due the government or its
instrumentalities.
Penal Provision.
SEC. 55. Penal Provision.—Whoever makes any
appointment or employs any person in violation of any provision of this
Decree or the rules made thereunder or whoever commits fraud, deceit or
intentional misrepresentation of material facts concerning other civil
service matters, or whoever violates, refuses or neglects to comply with
any of such provisions or rules, shall upon conviction be punished by a
fine not exceeding one thousand pesos or by imprisonment not exceeding
six (6) months, or both such fine and imprisonment in the discretion of
the court.
ARTICLE XII. TRANSITORY PROVISIONS
Government-owned or Controlled Corporations Personnel.
SEC. 56. Government-owned or Controlled Corporations
Personnel.—All permanent personnel of government-owned or
controlled corporations whose positions are now embraced in the civil
service shall continue in the service until they have been given a
chance to qualify in an appropriate examination, but in the meantime,
those who do not possess the appropriate civil service eligibility shall
not be promoted until they qualify in an appropriate civil service
examination. Services of temporary personnel may be terminated any time.
Authority to Use Appropriations.
SEC. 57. Authority to Use Appropriations.—The
Commission is hereby authorized to use such sums appropriated in
Presidential Decree No. 733 and balances of existing certifications to
accounts payable including prior years which have not yet been reverted
to the unappropriated surplus, as are necessary to carry out the
provisions of this Decree. Henceforth, appropriations to cover the
salaries of officials and employees of the Civil Service Commission and
its maintenance and operational expenses shall be included in the annual
General Appropriations Decree.
Vested Rights.
SEC. 58. Vested Rights.—Except as otherwise
provided in this Decree, rights vested or acquired under the pro-visions
of the old Civil Service Law, rules and regulations and any other Acts
prior to the effectively of this Decree shall be respected.
Repealing Clause.
SEC. 59. Repealing Clause.—All laws, rules and
regulations or parts thereof inconsisted with the provisions of this
Decree are hereby repealed or modified accordingly.
Separability of Provisions.
SEC. 60. Separability of Provisions.—If any
part, section or provision of this Decree shall be held invalid or
unconstitutional, no other part, section or provision thereof shall be
affected thereby.
Effectivity.
SEC. 61. Effectivity.—This Decree shall form part
of the law of the land and shall take effect immediately.
Done in the City of Manila, this 6th day of October, in the
year of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ROBERTO V. REYES
Deputy Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
