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.

• Number: Presidential Decree No. 807
• Sections: 60

Preamble

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

SECTION 1. This Decree shall be known as the Civil

Service Decree of the Philippines.

Section 2

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.

Section 3

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.

Section 4 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.

Section 5

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.

Section 6

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.

Section 7 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.

Section 8 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.

Section 9 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.

Section 10 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.

Section 11 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.

Section 12 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.

Section 13 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.

Section 14 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.

Section 15 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.

Section 16 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.

Section 17 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.

Section 18 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.

Section 19 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.

Section 20 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.

Section 21 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.

Section 22 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.

Section 23 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.

Section 24 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.

Section 25 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.

Section 26 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.

Section 27 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.

Section 28 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.

Section 29 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.

Section 30 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.

Section 31 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.

Section 32 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.

Section 34 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.

Section 35 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.

Section 36 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.

Section 37 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.

Section 38 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.

Section 39 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.

Section 41 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.

Section 42 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.

Section 43 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.

Section 44 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.

Section 45 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.

Section 46 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.

Section 47 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.

Section 48 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.

Section 49 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.

Section 50 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.

Section 51 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.