ARTICLE XI (6) The Senate shall have the sole power to try and decide all cases of

impeachment. When sitting for that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines is on trial, the Chief Justice
Accountability of Public Officers of the Supreme Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the Members of the
SECTION 1. Public office is a public trust. Public officers and employees must Senate.
at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, (7) Judgment in cases of impeachment shall not extend further than removal
and lead modest lives. from office and disqualification to hold any office under the Republic of the
Philippines, but the party convicted shall nevertheless be liable and subject to
SECTION 2. The President, the Vice-President, the Members of the Supreme prosecution, trial, and punishment according to law.
Court, the Members of the Constitutional Commissions, and the Ombudsman
may be removed from office, on impeachment for, and conviction of, culpable (8) The Congress shall promulgate its rules on impeachment to effectively
violation of the Constitution, treason, bribery, graft and corruption, other high carry out the purpose of this section.
crimes, or betrayal of public trust. All other public officers and employees may
be removed from office as provided by law, but not by impeachment.
SECTION 4. The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter may be
SECTION 3. (1) The House of Representatives shall have the exclusive power provided by law.
to initiate all cases of impeachment.
SECTION 5. There is hereby created the independent Office of the
(2) A verified complaint for impeachment may be filed by any Member of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one
House of Representatives or by any citizen upon a resolution of endorsement overall Deputy and at least one Deputy each for Luzon, Visayas, and
by any Member thereof, which shall be included in the Order of Business within Mindanao. A separate Deputy for the military establishment may likewise be
ten session days, and referred to the proper Committee within three session appointed.
days thereafter. The Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty session days from
such referral, together with the corresponding resolution. The resolution shall SECTION 6. The officials and employees of the Office of the Ombudsman,
be calendared for consideration by the House within ten session days from other than the Deputies, shall be appointed by the Ombudsman according to
receipt thereof. the Civil Service Law.

(3) A vote of at least one-third of all the Members of the House shall be SECTION 7. The existing Tanodbayan shall hereafter be known as the Office
necessary either to affirm a favorable resolution with the Articles of of the Special Prosecutor. It shall continue to function and exercise its powers
Impeachment of the Committee, or override its contrary resolution. The vote as now or hereafter may be provided by law, except those conferred on the
of each Member shall be recorded. Office of the Ombudsman created under this Constitution.

(4) In case the verified complaint or resolution of impeachment is filed by at SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens
least one-third of all the Members of the House, the same shall constitute the of the Philippines, and at the time of their appointment, at least forty years old,
Articles of Impeachment, and trial by the Senate shall forthwith proceed. of recognized probity and independence, and members of the Philippine Bar,
and must not have been candidates for any elective office in the immediately
preceding election. The Ombudsman must have for ten years or more been a
(5) No impeachment proceedings shall be initiated against the same official judge or engaged in the practice of law in the Philippines.
more than once within a period of one year.
During their tenure, they shall be subject to the same disqualifications and (4) Direct the officer concerned, in any appropriate case, and subject to such
prohibitions as provided for in Section 2 of Article IX-A of this Constitution. limitations as may be provided by law, to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the
SECTION 9. The Ombudsman and his Deputies shall be appointed by the disbursement or use of public funds or properties, and report any irregularity
President from a list of at least six nominees prepared by the Judicial and Bar to the Commission on Audit for appropriate action.
Council, and from a list of three nominees for every vacancy thereafter. Such
appointments shall require no confirmation. All vacancies shall be filled within (5) Request any government agency for assistance and information necessary
three months after they occur. in the discharge of its responsibilities, and to examine, if necessary, pertinent
records and documents.
SECTION 10. The Ombudsman and his Deputies shall have the rank of
Chairman and Members, respectively, of the Constitutional Commissions, and (6) Publicize matters covered by its investigation when circumstances so
they shall receive the same salary, which shall not be decreased during their warrant and with due prudence.
term of office.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and
SECTION 11. The Ombudsman and his Deputies shall serve for a term of corruption in the Government and make recommendations for their elimination
seven years without reappointment. They shall not be qualified to run for any and the observance of high standards of ethics and efficiency.
office in the election immediately succeeding their cessation from office.
(8) Promulgate its rules of procedure and exercise such other powers or
SECTION 12. The Ombudsman and his Deputies, as protectors of the people, perform such functions or duties as may be provided by law.
shall act promptly on complaints filed in any form or manner against public
officials or employees of the Government, or any subdivision, agency or SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its
instrumentality thereof, including government-owned or controlled approved annual appropriations shall be automatically and regularly released.
corporations, and shall, in appropriate cases, notify the complainants of the
action taken and the result thereof.
SECTION 15. The right of the State to recover properties unlawfully acquired
by public officials or employees, from them or from their nominees or
SECTION 13. The Office of the Ombudsman shall have the following powers, transferees, shall not be barred by prescription, laches, or estoppel.
functions, and duties:
SECTION 16. No loan, guaranty, or other form of financial accommodation for
(1) Investigate on its own, or on complaint by any person, any act or omission any business purpose may be granted, directly or indirectly, by any
of any public official, employee, office or agency, when such act or omission government-owned or controlled bank or financial institution to the President,
appears to be illegal, unjust, improper, or inefficient. the Vice-President, the Members of the Cabinet, the Congress, the Supreme
Court, and the Constitutional Commissions, the Ombudsman, or to any firm or
(2) Direct, upon complaint or at its own instance, any public official or employee entity in which they have controlling interest, during their tenure.
of the Government, or any subdivision, agency or instrumentality thereof, as
well as of any government-owned or controlled corporation with original SECTION 17. A public officer or employee shall, upon assumption of office
charter, to perform and expedite any act or duty required by law, or to stop, and as often thereafter as may be required by law, submit a declaration under
prevent, and correct any abuse or impropriety in the performance of duties. oath of his assets, liabilities, and net worth. In the case of the President, the
Vice-President, the Members of the Cabinet, the Congress, the Supreme
(3) Direct the officer concerned to take appropriate action against a public Court, the Constitutional Commissions and other constitutional offices, and
official or employee at fault, and recommend his removal, suspension, officers of the armed forces with general or flag rank, the declaration shall be
demotion, fine, censure, or prosecution, and ensure compliance therewith. disclosed to the public in the manner provided by law.
SECTION 18. Public officers and employees owe the State and this (a) Persuading, inducing or influencing another public officer to
Constitution allegiance at all times, and any public officer or employee who perform an act constituting a violation of rules and regulations duly
seeks to change his citizenship or acquire the status of an immigrant of another promulgated by competent authority or an offense in connection with
country during his tenure shall be dealt with by law. the official duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or offense.
REPUBLIC ACT No. 3019
(b) Directly or indirectly requesting or receiving any gift, present,
share, percentage, or benefit, for himself or for any other person, in
ANTI-GRAFT AND CORRUPT PRACTICES ACT connection with any contract or transaction between the Government
and any other part, wherein the public officer in his official capacity has
Section 1. Statement of policy. It is the policy of the Philippine Government, to intervene under the law.
in line with the principle that a public office is a public trust, to repress certain
acts of public officers and private persons alike which constitute graft or corrupt (c) Directly or indirectly requesting or receiving any gift, present or
practices or which may lead thereto. other pecuniary or material benefit, for himself or for another, from any
person for whom the public officer, in any manner or capacity, has
Section 2. Definition of terms. As used in this Act, that term secured or obtained, or will secure or obtain, any Government permit
or license, in consideration for the help given or to be given, without
(a) "Government" includes the national government, the local prejudice to Section thirteen of this Act.
governments, the government-owned and government-controlled
corporations, and all other instrumentalities or agencies of the (d) Accepting or having any member of his family accept employment
Republic of the Philippines and their branches. in a private enterprise which has pending official business with him
during the pendency thereof or within one year after its termination.
(b) "Public officer" includes elective and appointive officials and
employees, permanent or temporary, whether in the classified or (e) Causing any undue injury to any party, including the Government,
unclassified or exempt service receiving compensation, even nominal, or giving any private party any unwarranted benefits, advantage or
from the government as defined in the preceding subparagraph. preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross
(c) "Receiving any gift" includes the act of accepting directly or inexcusable negligence. This provision shall apply to officers and
indirectly a gift from a person other than a member of the public employees of offices or government corporations charged with the
officer's immediate family, in behalf of himself or of any member of his grant of licenses or permits or other concessions.
family or relative within the fourth civil degree, either by consanguinity
or affinity, even on the occasion of a family celebration or national (f) Neglecting or refusing, after due demand or request, without
festivity like Christmas, if the value of the gift is under the sufficient justification, to act within a reasonable time on any matter
circumstances manifestly excessive. pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material
(d) "Person" includes natural and juridical persons, unless the context benefit or advantage, or for the purpose of favoring his own interest or
indicates otherwise. giving undue advantage in favor of or discriminating against any other
interested party.
Section 3. Corrupt practices of public officers. In addition to acts or omissions
of public officers already penalized by existing law, the following shall (g) Entering, on behalf of the Government, into any contract or
constitute corrupt practices of any public officer and are hereby declared to be transaction manifestly and grossly disadvantageous to the same,
unlawful: whether or not the public officer profited or will profit thereby.
 (h) Director or indirectly having financing or pecuniary interest in any such public official has to intervene. Family relation shall include the spouse
business, contract or transaction in connection with which he or relatives by consanguinity or affinity in the third civil degree. The word "close
intervenes or takes part in his official capacity, or in which he is personal relation" shall include close personal friendship, social and fraternal
prohibited by the Constitution or by any law from having any interest. connections, and professional employment all giving rise to intimacy which
assures free access to such public officer.
(i) Directly or indirectly becoming interested, for personal gain, or
having a material interest in any transaction or act requiring the (b) It shall be unlawful for any person knowingly to induce or cause
approval of a board, panel or group of which he is a member, and any public official to commit any of the offenses defined in Section 3
which exercises discretion in such approval, even if he votes against hereof.
the same or does not participate in the action of the board, committee,
panel or group. Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse
or for any relative, by consanguinity or affinity, within the third civil degree, of
Interest for personal gain shall be presumed against those public the President of the Philippines, the Vice-President of the Philippines, the
officers responsible for the approval of manifestly unlawful, President of the Senate, or the Speaker of the House of Representatives, to
inequitable, or irregular transaction or acts by the board, panel or intervene, directly or indirectly, in any business, transaction, contract or
group to which they belong. application with the Government: Provided, That this section shall not apply to
any person who, prior to the assumption of office of any of the above officials
(j) Knowingly approving or granting any license, permit, privilege or to whom he is related, has been already dealing with the Government along
benefit in favor of any person not qualified for or not legally entitled to the same line of business, nor to any transaction, contract or application
such license, permit, privilege or advantage, or of a mere already existing or pending at the time of such assumption of public office, nor
representative or dummy of one who is not so qualified or entitled. to any application filed by him the approval of which is not discretionary on the
part of the official or officials concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued pursuant to law, nor
(k) Divulging valuable information of a confidential character, acquired
by his office or by him on account of his official position to unauthorized to any act lawfully performed in an official capacity or in the exercise of a
profession.
persons, or releasing such information in advance of its authorized
release date.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter
The person giving the gift, present, share, percentage or benefit referred to in for any Member of the Congress during the term for which he has been elected,
subparagraphs (b) and (c); or offering or giving to the public officer the to acquire or receive any personal pecuniary interest in any specific business
enterprise which will be directly and particularly favored or benefited by any
employment mentioned in subparagraph (d); or urging the divulging or
law or resolution authored by him previously approved or adopted by the
untimely release of the confidential information referred to in subparagraph (k)
Congress during the same term.
of this section shall, together with the offending public officer, be punished
under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form The provision of this section shall apply to any other public officer who
with the Government. recommended the initiation in Congress of the enactment or adoption of any
law or resolution, and acquires or receives any such interest during his
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any incumbency.
person having family or close personal relation with any public official to
capitalize or exploit or take advantage of such family or close personal relation It shall likewise be unlawful for such member of Congress or other public
by directly or indirectly requesting or receiving any present, gift or material or officer, who, having such interest prior to the approval of such law or resolution
pecuniary advantage from any other person having some business, authored or recommended by him, continues for thirty days after such approval
transaction, application, request or contract with the government, in which to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty (b) Any public officer violation any of the provisions of Section 7 of this
days after the approval of this Act or after assuming office, and within the Act shall be punished by a fine of not less than one hundred pesos nor
month of January of every other year thereafter, as well as upon the expiration more than one thousand pesos, or by imprisonment not exceeding one
of his term of office, or upon his resignation or separation from office, shall year, or by both such fine and imprisonment, at the discretion of the
prepare and file with the office of the corresponding Department Head, or in Court.
the case of a Head of Department or chief of an independent office, with the
Office of the President, or in the case of members of the Congress and the The violation of said section proven in a proper administrative proceeding shall
officials and employees thereof, with the Office of the Secretary of the be sufficient cause for removal or dismissal of a public officer, even if no
corresponding House, a true detailed and sworn statement of assets and criminal prosecution is instituted against him.
liabilities, including a statement of the amounts and sources of his income, the
amounts of his personal and family expenses and the amount of income taxes Section 10. Competent court. Until otherwise provided by law, all
paid for the next preceding calendar year: Provided, That public officers
prosecutions under this Act shall be within the original jurisdiction of the proper
assuming office less than two months before the end of the calendar year, may
Court of First Instance.
file their statements in the following months of January.
Section 11. Prescription of offenses. All offenses punishable under this Act
Section 8. Dismissal due to unexplained wealth. If in accordance with the
shall prescribe in ten years.
provisions of Republic Act Numbered One thousand three hundred seventy-
nine, a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property Section 12. Termination of office. No public officer shall be allowed to resign
and/or money manifestly out of proportion to his salary and to his other lawful or retire pending an investigation, criminal or administrative, or pending a
income, that fact shall be a ground for dismissal or removal. Properties in the prosecution against him, for any offense under this Act or under the provisions
name of the spouse and unmarried children of such public official may be taken of the Revised Penal Code on bribery.
into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown. Bank deposits shall be taken into consideration in the Section 13. Suspension and loss of benefits. Any public officer against whom
enforcement of this section, notwithstanding any provision of law to the any criminal prosecution under a valid information under this Act or under the
contrary. provisions of the Revised Penal Code on bribery is pending in court, shall be
suspended from office. Should he be convicted by final judgment, he shall lose
Section 9. Penalties for violations. (a) Any public officer or private person all retirement or gratuity benefits under any law, but if he is acquitted, he shall
committing any of the unlawful acts or omissions enumerated in Sections 3, 4, be entitled to reinstatement and to the salaries and benefits which he failed to
5 and 6 of this Act shall be punished with imprisonment for not less than one receive during suspension, unless in the meantime administrative proceedings
year nor more than ten years, perpetual disqualification from public office, and have been filed against him.
confiscation or forfeiture in favor of the Government of any prohibited interest
and unexplained wealth manifestly out of proportion to his salary and other Section 14. Exception. Unsolicited gifts or presents of small or insignificant
lawful income. value offered or given as a mere ordinary token of gratitude or friendship
according to local customs or usage, shall be excepted from the provisions of
Any complaining party at whose complaint the criminal prosecution was this Act.
initiated shall, in case of conviction of the accused, be entitled to recover in the
criminal action with priority over the forfeiture in favor of the Government, the Nothing in this Act shall be interpreted to prejudice or prohibit the practice of
amount of money or the thing he may have given to the accused, or the value any profession, lawful trade or occupation by any private person or by any
of such thing. public officer who under the law may legitimately practice his profession, trade
or occupation, during his incumbency, except where the practice of such
profession, trade or occupation involves conspiracy with any other person or
public official to commit any of the violations penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the application career service, including military and police personnel, whether or not
of such provision to any person or circumstances is declared invalid, the they receive compensation, regardless of amount.
remainder of the Act or the application of such provision to other persons or
circumstances shall not be affected by such declaration. (c) "Gift" refers to a thing or a right to dispose of gratuitously, or any
act or liberality, in favor of another who accepts it, and shall include a
Section 16. Effectivity. This Act shall take effect on its approval, but for the simulated sale or an ostensibly onerous disposition thereof. It shall not
purpose of determining unexplained wealth, all property acquired by a public include an unsolicited gift of nominal or insignificant value not given in
officer since he assumed office shall be taken into consideration. anticipation of, or in exchange for, a favor from a public official or
employee.
Approved: August 17, 1960
(d) "Receiving any gift" includes the act of accepting directly or
indirectly, a gift from a person other than a member of his family or
Republic Act No. 6713 relative as defined in this Act, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is
AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL neither nominal nor insignificant, or the gift is given in anticipation of,
STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD or in exchange for, a favor.
THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC
TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY (e) "Loan" covers both simple loan and commodatum as well as
SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND guarantees, financing arrangements or accommodations intended to
PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER ensure its approval.
PURPOSES
(f) "Substantial stockholder" means any person who owns, directly or
Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical indirectly, shares of stock sufficient to elect a director of a corporation.
Standards for Public Officials and Employees." This term shall also apply to the parties to a voting trust.

Section 2. Declaration of Policies. - It is the policy of the State to promote a (g) "Family of public officials or employees" means their spouses and
high standard of ethics in public service. Public officials and employees shall unmarried children under eighteen (18) years of age.
at all times be accountable to the people and shall discharge their duties with
utmost responsibility, integrity, competence, and loyalty, act with patriotism
and justice, lead modest lives, and uphold public interest over personal (h) "Person" includes natural and juridical persons unless the context
interest. indicates otherwise.

Section 3. Definition of Terms. - As used in this Act, the term: (i) "Conflict of interest" arises when a public official or employee is a
member of a board, an officer, or a substantial stockholder of a private
corporation or owner or has a substantial interest in a business, and
(a) "Government" includes the National Government, the local the interest of such corporation or business, or his rights or duties
governments, and all other instrumentalities, agencies or branches of therein, may be opposed to or affected by the faithful performance of
the Republic of the Philippines including government-owned or official duty.
controlled corporations, and their subsidiaries.lawphi1.net
(j) "Divestment" is the transfer of title or disposal of interest in property
(b) "Public Officials" includes elective and appointive officials and by voluntarily, completely and actually depriving or dispossessing
employees, permanent or temporary, whether in the career or non- oneself of his right or title to it in favor of a person or persons other
than his spouse and relatives as defined in this Act.
 (k) "Relatives" refers to any and all persons related to a public official when required by the public interest, public officials and
or employee within the fourth civil degree of consanguinity or affinity, employees shall provide information of their policies and
including bilas, inso and balae. procedures in clear and understandable language, ensure
openness of information, public consultations and hearings
Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every whenever appropriate, encourage suggestions, simplify and
public official and employee shall observe the following as standards of systematize policy, rules and procedures, avoid red tape and
personal conduct in the discharge and execution of official duties: develop an understanding and appreciation of the socio-
economic conditions prevailing in the country, especially in the
(a) Commitment to public interest. - Public officials and depressed rural and urban areas.
employees shall always uphold the public interest over and
above personal interest. All government resources and (f) Nationalism and patriotism. - Public officials and employees
powers of their respective offices must be employed and used shall at all times be loyal to the Republic and to the Filipino
efficiently, effectively, honestly and economically, particularly people, promote the use of locally produced goods, resources
to avoid wastage in public funds and revenues. and technology and encourage appreciation and pride of
country and people. They shall endeavor to maintain and
defend Philippine sovereignty against foreign intrusion.
(b) Professionalism. - Public officials and employees shall
perform and discharge their duties with the highest degree of
excellence, professionalism, intelligence and skill. They shall (g) Commitment to democracy. - Public officials and
enter public service with utmost devotion and dedication to employees shall commit themselves to the democratic way of
duty. They shall endeavor to discourage wrong perceptions of life and values, maintain the principle of public accountability,
their roles as dispensers or peddlers of undue patronage. and manifest by deeds the supremacy of civilian authority over
the military. They shall at all times uphold the Constitution and
put loyalty to country above loyalty to persons or party.
(c) Justness and sincerity. - Public officials and employees
shall remain true to the people at all times. They must act with
justness and sincerity and shall not discriminate against (h) Simple living. - Public officials and employees and their
anyone, especially the poor and the underprivileged. They families shall lead modest lives appropriate to their positions
shall at all times respect the rights of others, and shall refrain and income. They shall not indulge in extravagant or
from doing acts contrary to law, good morals, good customs, ostentatious display of wealth in any form.
public policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on account of (B) The Civil Service Commission shall adopt positive measures to
their office to their relatives whether by consanguinity or promote (1) observance of these standards including the
affinity except with respect to appointments of such relatives dissemination of information programs and workshops authorizing
to positions considered strictly confidential or as members of merit increases beyond regular progression steps, to a limited number
their personal staff whose terms are coterminous with theirs. of employees recognized by their office colleagues to be outstanding
in their observance of ethical standards; and (2) continuing research
(d) Political neutrality. - Public officials and employees shall and experimentation on measures which provide positive motivation
provide service to everyone without unfair discrimination and to public officials and employees in raising the general level of
regardless of party affiliation or preference. observance of these standards.

(e) Responsiveness to the public. - Public officials and Section 5. Duties of Public Officials and Employees. - In the performance of
employees shall extend prompt, courteous, and adequate their duties, all public officials and employees are under obligation to:
service to the public. Unless otherwise provided by law or
 (a) Act promptly on letters and requests. - All public officials and employees of outstanding merit on the basis of the standards set forth in this
employees shall, within fifteen (15) working days from receipt thereof, Act.
respond to letters, telegrams or other means of communications sent
by the public. The reply must contain the action taken on the request. The conferment of awards shall take into account, among other things, the
following: the years of service and the quality and consistency of performance,
(b) Submit annual performance reports. - All heads or other the obscurity of the position, the level of salary, the unique and exemplary
responsible officers of offices and agencies of the government and of quality of a certain achievement, and the risks or temptations inherent in the
government-owned or controlled corporations shall, within forty-five work. Incentives and rewards to government officials and employees of the
(45) working days from the end of the year, render a performance year to be announced in public ceremonies honoring them may take the form
report of the agency or office or corporation concerned. Such report of bonuses, citations, directorships in government-owned or controlled
shall be open and available to the public within regular office hours. corporations, local and foreign scholarship grants, paid vacations and the like.
They shall likewise be automatically promoted to the next higher position with
(c) Process documents and papers expeditiously. - All official papers the commensurate salary suitable to their qualifications. In case there is no
and documents must be processed and completed within a next higher position or it is not vacant, said position shall be included in the
reasonable time from the preparation thereof and must contain, as far budget of the office in the next General Appropriations Act. The Committee on
as practicable, not more than three (3) signatories therein. In the Awards shall adopt its own rules to govern the conduct of its activities.
absence of duly authorized signatories, the official next-in-rank or
officer in charge shall sign for and in their behalf. Section 7. Prohibited Acts and Transactions. - In addition to acts and
omissions of public officials and employees now prescribed in the Constitution
(d) Act immediately on the public's personal transactions. - All public and existing laws, the following shall constitute prohibited acts and
officials and employees must attend to anyone who wants to avail transactions of any public official and employee and are hereby declared to be
himself of the services of their offices and must, at all times, act unlawful:
promptly and expeditiously.
(a) Financial and material interest. - Public officials and employees
(e) Make documents accessible to the public. - All public documents shall not, directly or indirectly, have any financial or material interest
must be made accessible to, and readily available for inspection by, in any transaction requiring the approval of their office.
the public within reasonable working hours.
(b) Outside employment and other activities related thereto. - Public
Section 6. System of Incentives and Rewards. - A system of annual incentives officials and employees during their incumbency shall not:
and rewards is hereby established in order to motivate and inspire public
servants to uphold the highest standards of ethics. For this purpose, a (1) Own, control, manage or accept employment as officer,
Committee on Awards to Outstanding Public Officials and Employees is employee, consultant, counsel, broker, agent, trustee or
hereby created composed of the following: the Ombudsman and Chairman of nominee in any private enterprise regulated, supervised or
the Civil Service Commission as Co-Chairmen, and the Chairman of the licensed by their office unless expressly allowed by law;
Commission on Audit, and two government employees to be appointed by the
President, as members. (2) Engage in the private practice of their profession unless
authorized by the Constitution or law, provided, that such
It shall be the task of this Committee to conduct a periodic, continuing review practice will not conflict or tend to conflict with their official
of the performance of public officials and employees, in all the branches and functions; or
agencies of Government and establish a system of annual incentives and
rewards to the end that due recognition is given to public officials and
 (3) Recommend any person to any position in a private Philippine (such as allowances, transportation, food, and
enterprise which has a regular or pending official transaction lodging) of more than nominal value if such acceptance is
with their office. appropriate or consistent with the interests of the Philippines,
and permitted by the head of office, branch or agency to which
These prohibitions shall continue to apply for a period of one (1) year he belongs.
after resignation, retirement, or separation from public office, except
in the case of subparagraph (b) (2) above, but the professional The Ombudsman shall prescribe such regulations as may be
concerned cannot practice his profession in connection with any necessary to carry out the purpose of this subsection, including
matter before the office he used to be with, in which case the one-year pertinent reporting and disclosure requirements.
prohibition shall likewise apply.
Nothing in this Act shall be construed to restrict or prohibit any
(c) Disclosure and/or misuse of confidential information. - Public educational, scientific or cultural exchange programs subject to
officials and employees shall not use or divulge, confidential or national security requirements.
classified information officially known to them by reason of their office
and not made available to the public, either: Section 8. Statements and Disclosure. - Public officials and employees have
an obligation to accomplish and submit declarations under oath of, and the
(1) To further their private interests, or give undue advantage public has the right to know, their assets, liabilities, net worth and financial and
to anyone; or business interests including those of their spouses and of unmarried children
under eighteen (18) years of age living in their households.
(2) To prejudice the public interest.
(A) Statements of Assets and Liabilities and Financial Disclosure. - All
(d) Solicitation or acceptance of gifts. - Public officials and employees public officials and employees, except those who serve in an honorary
shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, capacity, laborers and casual or temporary workers, shall file under
entertainment, loan or anything of monetary value from any person in oath their Statement of Assets, Liabilities and Net Worth and a
the course of their official duties or in connection with any operation Disclosure of Business Interests and Financial Connections and those
being regulated by, or any transaction which may be affected by the of their spouses and unmarried children under eighteen (18) years of
functions of their office. age living in their households.

As to gifts or grants from foreign governments, the Congress consents The two documents shall contain information on the following:
to:
(a) real property, its improvements, acquisition costs,
(i) The acceptance and retention by a public official or assessed value and current fair market value;
employee of a gift of nominal value tendered and received as
a souvenir or mark of courtesy; (b) personal property and acquisition cost;

(ii) The acceptance by a public official or employee of a gift in (c) all other assets such as investments, cash on hand or in
the nature of a scholarship or fellowship grant or medical banks, stocks, bonds, and the like;
treatment; or
(d) liabilities, and;
(iii) The acceptance by a public official or employee of travel
grants or expenses for travel taking place entirely outside the (e) all business interests and financial connections.
The documents must be filed: (5) All other public officials and employees, defined in
Republic Act No. 3019, as amended, with the Civil Service
(a) within thirty (30) days after assumption of office; Commission.

(b) on or before April 30, of every year thereafter; and (B) Identification and disclosure of relatives. - It shall be the duty of every public
official or employee to identify and disclose, to the best of his knowledge and
(c) within thirty (30) days after separation from the service. information, his relatives in the Government in the form, manner and frequency
prescribed by the Civil Service Commission.
All public officials and employees required under this section to file the
(C) Accessibility of documents. - (1) Any and all statements filed under this
aforestated documents shall also execute, within thirty (30) days from
Act, shall be made available for inspection at reasonable hours.
the date of their assumption of office, the necessary authority in favor
of the Ombudsman to obtain from all appropriate government
agencies, including the Bureau of Internal Revenue, such documents (2) Such statements shall be made available for copying or
as may show their assets, liabilities, net worth, and also their business reproduction after ten (10) working days from the time they are filed
interests and financial connections in previous years, including, if as required by law.
possible, the year when they first assumed any office in the
Government. (3) Any person requesting a copy of a statement shall be required to
pay a reasonable fee to cover the cost of reproduction and mailing of
Husband and wife who are both public officials or employees may file such statement, as well as the cost of certification.
the required statements jointly or separately.
(4) Any statement filed under this Act shall be available to the public
The Statements of Assets, Liabilities and Net Worth and the for a period of ten (10) years after receipt of the statement. After such
Disclosure of Business Interests and Financial Connections shall be period, the statement may be destroyed unless needed in an ongoing
filed by: investigation.

(1) Constitutional and national elective officials, with the (D) Prohibited acts. - It shall be unlawful for any person to obtain or use any
national office of the Ombudsman; statement filed under this Act for:

(2) Senators and Congressmen, with the Secretaries of the (a) any purpose contrary to morals or public policy; or
Senate and the House of Representatives, respectively;
Justices, with the Clerk of Court of the Supreme Court; (b) any commercial purpose other than by news and communications
Judges, with the Court Administrator; and all national media for dissemination to the general public.
executive officials with the Office of the President.
Section 9. Divestment. - A public official or employee shall avoid conflicts of
(3) Regional and local officials and employees, with the interest at all times. When a conflict of interest arises, he shall resign from his
Deputy Ombudsman in their respective regions; position in any private business enterprise within thirty (30) days from his
assumption of office and/or divest himself of his shareholdings or interest
(4) Officers of the armed forces from the rank of colonel or within sixty (60) days from such assumption.
naval captain, with the Office of the President, and those
below said ranks, with the Deputy Ombudsman in their The same rule shall apply where the public official or employee is a partner in
respective regions; and a partnership.
The requirement of divestment shall not apply to those who serve the (b) Any violation hereof proven in a proper administrative proceeding
Government in an honorary capacity nor to laborers and casual or temporary shall be sufficient cause for removal or dismissal of a public official or
workers. employee, even if no criminal prosecution is instituted against him.

Section 10. Review and Compliance Procedure. - (a) The designated (c) Private individuals who participate in conspiracy as co-principals,
Committees of both Houses of the Congress shall establish procedures for the accomplices or accessories, with public officials or employees, in
review of statements to determine whether said statements which have been violation of this Act, shall be subject to the same penal liabilities as the
submitted on time, are complete, and are in proper form. In the event a public officials or employees and shall be tried jointly with them.
determination is made that a statement is not so filed, the appropriate
Committee shall so inform the reporting individual and direct him to take the (d) The official or employee concerned may bring an action against
necessary corrective action. any person who obtains or uses a report for any purpose prohibited by
Section 8 (D) of this Act. The Court in which such action is brought
(b) In order to carry out their responsibilities under this Act, the may assess against such person a penalty in any amount not to
designated Committees of both Houses of Congress shall have the exceed twenty-five thousand pesos (P25,000). If another sanction
power within their respective jurisdictions, to render any opinion hereunder or under any other law is heavier, the latter shall apply.
interpreting this Act, in writing, to persons covered by this Act, subject
in each instance to the approval by affirmative vote of the majority of Section 12. Promulgation of Rules and Regulations, Administration and
the particular House concerned. Enforcement of this Act. - The Civil Service Commission shall have the primary
responsibility for the administration and enforcement of this Act. It shall
The individual to whom an opinion is rendered, and any other transmit all cases for prosecution arising from violations of this Act to the
individual involved in a similar factual situation, and who, after proper authorities for appropriate action: Provided, however, That it may
issuance of the opinion acts in good faith in accordance with it shall institute such administrative actions and disciplinary measures as may be
not be subject to any sanction provided in this Act. warranted in accordance with law. Nothing in this provision shall be construed
as a deprivation of the right of each House of Congress to discipline its
(c) The heads of other offices shall perform the duties stated in Members for disorderly behavior.
subsections (a) and (b) hereof insofar as their respective offices are
concerned, subject to the approval of the Secretary of Justice, in the The Civil Service Commission is hereby authorized to promulgate rules and
case of the Executive Department and the Chief Justice of the regulations necessary to carry out the provisions of this Act, including
Supreme Court, in the case of the Judicial Department. guidelines for individuals who render free voluntary service to the Government.
The Ombudsman shall likewise take steps to protect citizens who denounce
Section 11. Penalties. - (a) Any public official or employee, regardless of acts or omissions of public officials and employees which are in violation of
whether or not he holds office or employment in a casual, temporary, holdover, this Act.
permanent or regular capacity, committing any violation of this Act shall be
punished with a fine not exceeding the equivalent of six (6) months' salary or Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall
suspension not exceeding one (1) year, or removal depending on the gravity be construed to derogate from any law, or any regulation prescribed by any
of the offense after due notice and hearing by the appropriate body or agency. body or agency, which provides for more stringent standards for its official and
If the violation is punishable by a heavier penalty under another law, he shall employees.
be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this
Act shall be punishable with imprisonment not exceeding five (5) years, or a Section 14. Appropriations. - The sum necessary for the effective
fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion implementation of this Act shall be taken from the appropriations of the Civil
of the court of competent jurisdiction, disqualification to hold public office. Service Commission. Thereafter, such sum as may be needed for its continued
implementation shall be included in the annual General Appropriations Act.
Section 15. Separability Clause. - If any provision of this Act or the application or held by, the respondent's spouse, ascendants,
of such provision to any person or circumstance is declared invalid, the descendants, relatives, or any other person.
remainder of the Act or the application of such provision to other persons or
circumstances shall not be affected by such declaration. 2. Property unlawfully acquired by the respondent, but
transferred by him to another person or persons on or after
Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof the effectivity of this Act.
inconsistent herewith, are deemed repealed or modified accordingly, unless
the same provide for a heavier penalty. 3. Property donated to the respondent during his incumbency,
unless he can prove to the satisfaction of the court that the
Section 17. Effectivity. - This Act shall take effect after thirty (30) days donation is lawful.
following the completion of its publication in the Official Gazette or in two (2)
national newspapers of general circulation. Section 2. Filing of petition. Whenever any public officer or employee has
acquired during his incumbency an amount of property which is manifestly out
Approved, February 20, 1989. of proportion to his salary as such public officer or employee and to his other
lawful income and the income from legitimately acquired property, said
property shall be presumed prima facie to have been unlawfully acquired. The
Solicitor General, upon complaint by any taxpayer to the city or provincial fiscal
who shall conduct a previous inquiry similar to preliminary investigations in
REPUBLIC ACT No. 1379 criminal cases and shall certify to the Solicitor General that there is reasonable
ground to believe that there has been committed a violation of this Act and the
AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY respondent is probably guilty thereof, shall file, in the name and on behalf of
PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY the Republic of the Philippines, in the Court of First Instance of the city or
PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE province where said public officer or employee resides or holds office, a
PROCEEDINGS THEREFOR. petition for a writ commanding said officer or employee to show cause why the
property aforesaid, or any part thereof, should not be declared property of the
Section 1. Definitions. (a) For the purposes of this Act, a "public officer or State: Provided, That no such petition shall be filed within one year before any
employee" means any person holding any public office or employment by general election or within three months before any special election.
virtue of an appointment, election or contract, and any person holding any
office or employment, by appointment or contract, in any State owned or The resignation, dismissal or separation of the officer or employee from his
controlled corporation or enterprise. office or employment in the Government or in the Government-owned or
controlled corporation shall not be a bar to the filing of the petition: Provided,
(b) "Other legitimately acquired property" means any real or personal however, That the right to file such petition shall prescribe after four years from
property, money or securities which the respondent has at any time the date of the resignation, dismissal or separation or expiration of the term of
acquired by inheritance and the income thereof, or by gift inter vivos the office or employee concerned, except as to those who have ceased to hold
before his becoming a public officer or employee, or any property (or office within ten years prior to the approval of this Act, in which case the
income thereof) already pertaining to him when he qualified for public proceedings shall prescribe after four years from the approval hereof.
office or employment, or the fruits and income of the exclusive
property of the respondent's spouse. It shall not include: Section 3. The petition. The petition shall contain the following information:

1. Property unlawfully acquired by the respondent, but its (a) The name and address of the respondent.
ownership is concealed by its being recorded in the name of,
 (b) The public officer or employment he holds and such other public individual shall be prosecuted criminally for or on account of any transaction,
offices or employment which he has previously held. matter or thing concerning which he is compelled, after having claimed his
privilege against self-incrimination, to testify or produce evidence,
(c) The approximate amount of property he has acquired during his documentary or otherwise, except that such individual so testifying shall not
incumbency in his past and present offices and employments. be exempt from prosecution and conviction for perjury or false testimony
committed in so testifying or from administrative proceedings.
(d) A description of said property, or such thereof as has been
identified by the Solicitor General. Section 9. Immunity. The Solicitor General may grant immunity from criminal
prosecution to any person who testifies to the unlawful manner in which the
respondent has acquired any of the property in question in cases where such
(e) The total amount of his government salary and other proper
testimony is necessary to prove violations of this Act.
earnings and incomes from legitimately acquired property, and

Section 10. Effect of record of title. The fact that any real property has been
(f) Such other information as may enable the court to determine
recorded in the Registry of Property or office of the Register of Deeds in the
whether or not the respondent has unlawfully acquired property during
name of the respondent or of any person mentioned in paragraphs (1) and (2)
his incumbency.
of subsection (b) of section one hereof shall not prevent the rendering of the
judgment referred to in section six of this Act.
Section 4. Period for the answer. The respondent shall have a period of fifteen
days within which to present his answer.
Section 11. Laws on prescription. The laws concerning acquisitive
prescription and limitation of actions cannot be invoked by, nor shall they
Section 5. Hearing. The Court shall set a date for a hearing, which may be benefit the respondent, in respect of any property unlawfully acquired by him.
open to the public, and during which the respondent shall be given ample
opportunity to explain, to the satisfaction of the court, how he has acquired the
Section 12. Penalties. Any public officer or employee who shall, after the
property in question.
effective date of this Act, transfer or convey any unlawfully acquired property
shall be repressed with imprisonment for a term not exceeding five years, or a
Section 6. Judgment. If the respondent is unable to show to the satisfaction fine not exceeding ten thousand pesos, or both such imprisonment and fine.
of the court that he has lawfully acquired the property in question, then the The same repression shall be imposed upon any person who shall knowingly
court shall declare such property, forfeited in favor of the State, and by virtue accept such transfer or conveyance.
of such judgment the property aforesaid shall become property of the
State: Provided, That no judgment shall be rendered within six months before
Section 13. Separability of provisions. If any provision of this Act or the
any general election or within three months before any special election. The
application thereof to any person or circumstance, is held invalid, the
Court may, in addition, refer this case to the corresponding Executive
Department for administrative or criminal action, or both. remainder of the Act and the application of such provision to other persons or
circumstances shall not be affected thereby.
Section 7. Appeal. The parties may appeal from the judgment of the Court of
Section 14. Effective date. This Act shall take effect on its approval, and shall
First Instance as provided in the Rules of Court for appeals in civil cases.
apply not only to property thereafter unlawfully acquired but also to property
unlawfully acquired before the effective date of this Act.
Section 8. Protection against self-incrimination. Neither the respondent nor
any other person shall be excused from attending and testifying or from
producing books, papers, correspondence, memoranda and other records on Approved: June 18, 1955
the ground that the testimony or evidence, documentary or otherwise, required
of him may tend to incriminate him or subject him to prosecution; but no ARTICLE IX Constitutional Commissions
B. The Civil Service Commission integrate all human resources development programs for all levels and ranks,
and institutionalize a management climate conducive to public accountability.
SECTION 1. (1) The Civil Service shall be administered by the Civil Service It shall submit to the President and the Congress an annual report on its
Commission composed of a Chairman and two Commissioners who shall be personnel programs.
natural-born citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, with proven capacity for public administration, and SECTION 4. All public officers and employees shall take an oath or affirmation
must not have been candidates for any elective position in the elections to uphold and defend this Constitution.
immediately preceding their appointment.
SECTION 5. The Congress shall provide for the standardization of
(2) The Chairman and the Commissioners shall be appointed by the President compensation of government officials and employees, including those in
with the consent of the Commission on Appointments for a term of seven years government-owned or controlled corporations with original charters, taking into
without reappointment. Of those first appointed, the Chairman shall hold office account the nature of the responsibilities pertaining to, and the qualifications
for seven years, a Commissioner for five years, and another Commissioner for required for their positions.
three years, without reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall any Member be SECTION 6. No candidate who has lost in any election shall, within one year
appointed or designated in a temporary or acting capacity. after such election, be appointed to any office in the Government or any
government-owned or controlled corporations or in any of their subsidiaries.
SECTION 2. (1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including government- SECTION 7. No elective official shall be eligible for appointment or designation
owned or controlled corporations with original charters. in any capacity to any public office or position during his tenure.

(2) Appointments in the civil service shall be made only according to merit and Unless otherwise allowed by law or by the primary functions of his position, no
fitness to be determined, as far as practicable, and, except to positions which appointive official shall hold any other office or employment in the Government
are policy-determining, primarily confidential, or highly technical, by or any subdivision, agency or instrumentality thereof, including government-
competitive examination. owned or controlled corporations or their subsidiaries.

(3) No officer or employee of the civil service shall be removed or suspended SECTION 8. No elective or appointive public officer or employee shall receive
except for cause provided by law. additional, double, or indirect compensation, unless specifically authorized by
law, nor accept without the consent of the Congress, any present, emolument,
(4) No officer or employee in the civil service shall engage, directly or indirectly, office, or title of any kind from any foreign government.
in any electioneering or partisan political campaign.
Pensions or gratuities shall not be considered as additional, double, or indirect
(5) The right to self-organization shall not be denied to government employees. compensation.

(6) Temporary employees of the Government shall be given such protection PRESIDENTIAL DECREE No. 807
as may be provided by law.
PROVIDING FOR THE ORGANIZATION OF THE CIVIL SERVICE
SECTION 3. The Civil Service Commission, as the central personnel agency COMMISSION IN ACCORDANCE WITH PROVISIONS OF THE
of the Government, shall establish a career service and adopt measures to CONSTITUTION, PRESCRIBING ITS POWERS AND FUNCTIONS AND
promote morale, efficiency, integrity, responsiveness, progressiveness, and FOR OTHER PURPOSES.
courtesy in the civil service. It shall strengthen the merit and rewards system,
WHEREAS, the Constitution provides for organization of a Civil Service other offices or agencies of the government delegating to their regional offices
Commission which shall establish a career service and adopt measures to or other similar units, powers and functions.
promote morale, efficiency and integrity in the government service;
ARTICLE III
WHEREAS, Presidential Decree No. 110 dated January 26, 1973 declared the DEFINITION OF TERMS
Civil Service Commission envisioned in the Constitution in existence, providing
guidelines for its operation; Section 3. As used in this Decree, the following shall be construed thus:

WHEREAS, there is need for the immediate organization of the Civil Service (a) Agency means any bureau, office, commission, administration, board,
Commission in order to enable it to carry out its mission as mandated by the committee, institute, corporation, whether performing governmental or
Constitution; and proprietary function, or any other unit of the National Government, as well as
provincial, city or municipal government, except as hereinafter otherwise
WHEREAS, the former Civil Service Commission created under Republic Act provided.
No. 2260, as amended, and as organized under the Integrated Reorganization
Plan may serve as the nucleus of the Civil Service Commission. (b) Appointing officer is the person or body authorized by law to make
appointments in the Philippine Civil Service.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby (c) Class includes all positions in the government service that are sufficiently
decree and order: similar as to duties and responsibilities and require similar qualifications that
can be given the same title and salary and for all administrative and
ARTICLE I compensation purposes, be treated alike.
TITLE
(d) Commission refers to the Civil Service Commission.
Section 1. This Decree shall be known as the Civil Service Decree of the
Philippines. (e) Chairman refers to the Chairman of the Commission.

ARTICLE II (f) Commissioner refers either of the two other members of the Commission.
DECLARATION OF POLICY
(g) Department includes any of the executive departments or entities having
Section 2. It shall be the policy of the State to insure and promote the the category of a department including the judiciary, Commission on Elections
Constitutional mandate that appointment in the Civil Service shall be made and Commission on Audit.
only according to merit and fitness, to provide within the public service a
progressive system of personnel administration, and to adopt measures to
(h) Eligible refers to a person who obtains a passing grade in a civil service
promote morale and the highest degree of responsibility, integrity, loyalty,
examination or is granted a civil service eligibility and whose name is entered
efficiency, and professionalism in the Civil Service; that the Civil Service in the register of eligibles.
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 (i) Examination refers to a civil service examination conducted by the
shall serve with the highest degree of responsibility, integrity, loyalty and Commission and its regional offices or by other departments or agencies with
efficiency and shall remain accountable to the people; and that action on the assistance of the Commission, or in coordination or jointly with it, and those
personnel matters shall be decentralized, with the different departments and that it may delegate to departments and agencies pursuant to this Decree, or
those that may have been delegated by law.
(j) Form refers to those prescribed by the Civil Service Commission. 6. Personnel of government-owned or controlled corporations, whether
performing governmental or proprietary functions, who do not fall under the
ARTICLE IV non-career service; and
SCOPE OF THE CIVIL SERVICE
7. Permanent laborers, whether skilled, semi-skilled, or unskilled.
Section 4. Position Embraced in the Civil Service. The Civil Service embraces
every branch, agency, subdivision, and instrumentality of the government, Section 6. The Non-Career Service shall be characterized by (1) entrance on
including every government-owned or controlled corporations whether bases other than those of the usual tests of merit and fitness utilized for the
performing governmental or proprietary function. 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
Positions in the Civil Service shall be classified into career service and non- pleasure, or which is limited to the duration of a particular project for which
career service. purpose employment was made.

Section 5. The Career Service shall be characterized by (1) entrance based The Non-Career Service shall include:
on merit and fitness to be determined as far as practicable by competitive
examinations, or based on highly technical qualifications; (2) opportunity for 1. Elective officials and their personal or confidential staff;
advancement to higher career positions; and (3) security of tenure.
2. Department Heads and other officials of Cabinet rank who hold positions at
The Career Service shall include: the pleasure of the President and their personal or confidential staff(s);

1. Open Career positions for appointment to which prior qualification in an 3. Chairman and members of commissions and boards with fixed terms of
appropriate examination is required; office and their personal or confidential staff;

2. Closed Career positions which are scientific or highly technical in nature; 4. Contractual personnel or those whose employment in the government is in
these include the faculty and academic staff of state colleges and universities, accordance with a special contract to undertake a specific work or job,
and scientific and technical positions in scientific or research institutions which requiring special or technical skills not available in the employing agency, to
shall establish and maintain their own merit systems; 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
3. Positions in the Career Executive Service; namely, Undersecretary, responsibility with a minimum of direction and supervision from the hiring
Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional agency; and
Director, Assistant Regional Director, Chief of Department Service and other
officers of equivalent rank as may be identified by the Career Executive 5. Emergency and seasonal personnel.
Service Board, all of whom are appointed by the President;
Section 7. Classes of Positions in the Career Service.
4. Career officers, other than those in the Career Executive Service, who are
appointed by the President, such as the Foreign Service Officers in the (a) Classes of positions in the career service appointment to which requires
Department of Foreign Affairs; examinations shall be grouped into three major level as follows:

5. Commissioned officers and enlisted men of the Armed Forces which shall 1. The first level shall include clerical, trades, crafts, and custodial service
maintain a separate merit system; positions which involve non-professional or subprofessional work in a non-
supervisory or supervisory capacity requiring less than four years of collegiate (c) The Chairman and each Commissioner shall receive an annual
studies; compensation of sixty thousand pesos and fifty thousand pesos which shall
not be decreased during their continuance in office: Provided, That no member
2. The second level shall include professional, technical, and scientific of the Commission shall, during his tenure in office, engage in the practice of
positions which involve professional, technical, or scientific work in a non- any profession or in the management of any business, or be financially
supervisory or supervisory capacity requiring at least four years of college work interested directly or indirectly in any contract with, or in any franchise or
up to Division Chief level; and privilege granted by, the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
3. The third level shall cover positions in the Career Executive Service. corporations.

Section 9. Powers and Functions of the Commission. The Commission shall

(b) Except as herein otherwise provided, entrance to the first two levels shall
administer the Civil Service and shall have the following powers and functions:
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 (a) Administer and enforce the constitutional and statutory provisions on the
level. Entrance to the third level shall be prescribed by the Career Executive merit system;
Service Board.
(b) Prescribe, amend and enforce suitable rules and regulations for carrying
(c) Within the same level, no civil service examination shall be required for into effect the provisions of this Decree. These rules and regulations shall
promotion to a higher position in one or more related occupational groups. A become effective thirty days after publication in the Official Gazette or in any
candidate for promotion should, however, have previously passed the newspaper of general circulation;
examination for that level.
(c) Promulgate policies, standards, and guidelines for the Civil Service and
ARTICLE V adopt plans and programs to promote economical, efficient, and effective
ORGANIZATION AND FUNCTIONS personnel administration in the government; and prescribe all forms for
publications, examinations, appointments, reports, records, and such other
Section 8. Composition of the Civil Service Commission. forms as may be required under this Decree;

(d) Advise the President on all matters involving personnel management in the
(a) An independent Civil Service Commission, hereinafter referred to as the
government service and assist in the improvement of personnel units and
Commission is hereby established composed of a Chairman and two
programs in the department and agencies;
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 (e) Appoint its personnel and exercise overall supervision and control over the
appointed, one shall hold office for seven years, another for five years, and the activities of the Commission;
third for three years: Provided, That appointment to any vacancy shall be only
for the unexpired portion of the term of the predecessors. (f) Supervise and coordinate the conduct of civil service examinations being
administered by the departments concerned as provided for under Paragraph
(b) To be eligible for appointment as Chairman or Commissioners, a person 5, Article III, Chapter II, Part III of the Integrated Reorganization Plan;
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 (g) Provide leadership and assistance in formulating, administering, and
been a candidate for any elective position in the election immediately evaluating programs relative to the development and retention of a competent
preceding his appointment. and efficient work force in the public service;
(h) Approve all appointments, whether original or promotional, to positions in (a) Subject to policies and resolution adopted by the Commission, the
the civil service, except those of presidential appointees, members of the Chairman shall:
Armed Forces of the Philippines, police forces, firemen, and jailguards, and
disapprove those where the appointees do not possess the appropriate 1. Direct the operations of the Commission including those pertaining to its
eligibility or required qualifications. An appointment shall take effect internal administration;
immediately upon issue by the appointing authority if the appointee assumes
his duties immediately and shall remain effective until it is disapproved by the
2. Establish standard operating procedures for the effective operations for the
Commission, if this should take place, without prejudice to the liability of the Commission;
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 3. Transmit to the President, rules, regulations, and other guidelines adopted
appointments requiring the approval of the Commission as herein provided, by the Commission which require Presidential attention including annual and
shall be submitted to it by the appointing authority within thirty days from other periodic reports as may be necessary;
issuance, otherwise, the appointment becomes ineffective thirty days
thereafter. 4. Issue appointments to, and enforce decision on administrative discipline
involving officials and employees of the Commission;
(i) Inspect and audit periodically the personnel work programs of the different
departments, bureaus, offices, agencies and other instrumentalities of the 5. Delegate authority for the performance of any function to officials of the
government, including government-owned or controlled corporations, conduct Commission;
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 6. Submit the annual and supplemental budgets of the Commission; and
and employees in these offices and apply appropriate sanctions whenever
necessary; 7. Perform such other functions as may be provided by law.

(j) Hear and decide administrative disciplinary cases instituted directly with it (b) In his capacity as member of the Career Executive Service Board, he shall
in accordance with Section 37 or brought to it on appeal; present appropriate viewpoints in the deliberations of the Board that would
seek to insure the policies and programs of the Board are properly harmonized
(k) Issue subpoena and subpoena duces tecum or require the production of with the overall policies and programs of personnel management in the
books and papers pertinent to investigations and inquiries to be made by the government.
Commission in accordance with its authority conferred by the Constitution, this
Decree, and other laws, decrees, or letters of instructions issued by the (c) There shall be an Executive Director in the Office of the Chairman who shall
President; summon witnesses to appear at such investigation or inquiries; be responsible for the effective implementation of the policies, rules and
standards promulgated by the Commission, to coordinate and supervise the
(l) Submit to the President an annual report which shall contain an adequate activities of the different offices in the Commission including those of the
evaluation of the progress of the merit system and the problems encountered regional offices; to report to the Chairman the operation of such functions as
in its implementation; and may be assigned to him by the Chairman.

(m) Perform such other functions as properly belong to a central personnel Section 11. Duties and Responsibilities of the Other Members of the
agency. Commission. Jointly with the Chairman, the two Commissioners shall be
responsible for the effective exercise of the rule-making and adjudicative
Section 10. Duties and Responsibilities of the Chairman. 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 5. The Office of Legal Affairs, headed by a Director, shall assist the
functions of the Chairman. Commission on all matters relating to administrative discipline and in its quasi-
judicial and rule-making functions and the prosecution of violation of Civil
Section 12. Offices in the Commission. The Commission shall carry out its Service Law and Rules and laws affecting the Civil Service and such other
functions through the following Offices and Service: (1) Office of Recruitment, functions as may be assigned by the Chairman.
Examination and Selection, (2) Office of Career and Employee Development,
(3) Office of Personnel Planning and Program Evaluation, (4) Office of 6. The Administrative Service, headed by a Director, shall provide the
Personnel Relations, (5) Office of Legal Affairs, and (6) Administrative Service. Commission with economical, efficient, and effective services relating to
It shall keep and maintain such regional offices as the exigencies of the service personnel, records, supplies, equipment, collection, disbursements,
so require in accordance with the pertinent provisions of Chapter III, Part II of accounting, and data processing and custodial services.
the Integrated Reorganization Plan, or as may be provided by law.
Section 13. Regional Offices. Each regional office of the Commission shall
1. The Office of Recruitment, Examination and Selection, headed by a exercise the following authority:
Director, shall provide leadership and assistance in developing and
implementing the overall Commission program relating to recruitment, (a) Enforce Civil Service Law and Rules in connection with personnel actions
examination and selections. of national and local government agencies within the region, and the conduct
of public officers and employees;
2. The Office of Career and Employee Development, headed by a Director,
shall provide leadership and assistance to line agencies in formulating, (b) Conduct recruitment and examination for government-wide positions in the
administering, and evaluating programs relating to the development and region;
retention of skilled and efficient work force in the public service, develop
policies, standards and procedures on the establishment and administration of
(c) Provide technical advice and assistance to public agencies within the
departmental and agency career and personnel development plans which region regarding personnel administration; and
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 (d) Perform such other functions as may be assigned to it by the Commission.
in connection therewith.
Section 14. Authority to Reorganize. In order to carry out the powers and
3. The Office of Personnel Planning and Program Evaluation, headed by a functions set forth in this Decree, the Commission is hereby authorized to
Director, shall provide the Commission with economical, efficient, and effective reorganize the internal structure of the Commission subject to the approval of
service relating to policy development, program planning, research and the President: Provided, however, That this authority shall not extend beyond
statistics, budgetary and management services; and shall conduct periodic December 31, 1976.
evaluation of personnel management programs and performance of the
different departments and agencies of the national government, including ARTICLE VI
government-owned or controlled corporations. RESPONSIBILITIES OF PUBLIC OFFICERS AND EMPLOYEES

4. The Office of Personnel Relations, headed by a Director, shall provide Section 15. Duties of Public Officers. Public office is a public trust. Public
leadership and assistance in developing employee relations programs in the officers and employees shall serve with the highest degree of responsibility,
different departments and agencies, including the establishment of employee integrity, loyalty, and efficiency, and shall remain accountable to the people.
organizations and the coordination of their activities.
ARTICLE VII
INTERDEPARTMENT RELATIONS
Section 16. Civil Service Assistance to Departments and Agencies. Each clerical assistance for the Council shall be made in the annual budget of the
head of department, office, agency, government-owned or controlled Commission.
corporation and local government shall be responsible for personnel
administration in his office which shall be in accordance with the provisions The Council shall have the following functions:
relating to civil service embodied in the Constitution, this Decree and the rules,
principles, standards, guidelines and regulations established by the
(a) Upon request of the Head of Department or the Commission, to offer advice
Commission. Whenever it deems it in the interest of the public service, the Civil
in developing constructive policies, standards, procedures, and programs as
Service Commission shall organize in each department, office, agency, well as on matters relating to the improvement of personnel methods and to
government-owned or controlled corporation, and provincial and city the solution of personnel problems confronting the various departments and
government a Civil Service Staff which shall be headed by an officer of the
agencies of the government;
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 (b) To promote among the departments and agencies, through study and
Commission may augment these with its own. This shall serve as the principal discussion, uniform and consistent interpretation and application of personnel
liaison between the Civil Service and the Department concerned and shall policies; and
perform the following specific functions and those functions which may
hereafter be assigned to it by the Commission: (c) To serve as a clearing house of information and to stimulate the use of
methods of personnel management that will contribute most to good
1. Provide technical assistance in all aspects of personnel management; government.

2. Monitor and audit periodically the personnel practices and performance of Section 18. Inspection and Audit. The Commission, through its designated
the Department or agency concerned as well as those of public officers and representatives, shall conduct a periodic inspection and audit of the personnel
employees thereat; 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
3. Determine agency compliance with Civil Service Law and rules, and
progress made and problems encountered in the conduct of the merit system
in the national and local governments including government-owned or
4. In the performance of these functions, the staff shall welcome and receive controlled corporations; (d) give advice and provide assistance in developing
from public any suggestions, observations and complaints pertaining to the constructive policies, standards and procedures, and (e) stimulate
conduct of public officers and employees. improvement in all areas of personnel management.

In the performance of their functions, the units so organized shall avail of the Periodic inspection and audit will include an appraisal of personnel
technical assistance and guidelines of the Civil Service Commission. management operations and activities relative to: (a) formulation and issuance
of personnel policy; (b) recruitment and selection of employees; (c) personnel
Section 17. Council of Personnel Offices. There is hereby created a Council action and employment status; (d) career and employee development; (e)
of Personnel Officers to be composed of Chief personnel officers of the performance evaluation system; (f) employee suggestions and incentive
different executive departments and of agencies with the category of award; (g) employee relations and services; (h) discipline; (i) personnel
department that the Chairman of the Commission shall select for membership. records and reporting; and (j) program evaluation.
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 ARTICLE VIII
authorized to elect such other officer from among its members and to fix its PERSONNEL POLICIES AND STANDARDS
own rules or procedures concerning attendance at meetings, approval of policy
declaration, and other business matters. Provisions for necessary facilities and Section 19. Recruitment and Selection of Employees.
1. Opportunity for government employment shall be open to all qualified next-in-rank” refers to an employee appointed on a permanent basis to a
citizens and positive efforts shall be exerted to attract the best qualified to enter position previously determined to be next-in-rank to the vacancy proposed to
the service. Employees shall be selected on the basis of fitness to perform the be filled and who meets the requisites for appointment thereto as previously
duties and assume the responsibilities of the positions. determined by the appointing authority and approved by the Commission.

2. When a vacancy occurs in a position in the first level of the Career Service 7. Qualification in an appropriate examination shall be required for
as defined in Section 7, the employees in the department who occupy the next appointment to positions in the first and second levels in the career service in
lower positions in the occupational group under which the vacant position is accordance with the Civil Service rules, except as otherwise provided in this
classified, and in other functionally related occupational groups and who are Decree: Provided, That whenever there is a civil service eligible actually
competent, qualified and with the appropriate civil service eligibility shall be available for appointment, no person who is not such an eligible shall be
considered for promotion. appointed even in a temporary capacity to any vacant position in the career
service in the government or in any government-owned or controlled
3. When a vacancy occurs in a position in the second level of the Career corporation, except when the immediate filling of the vacancy is urgently
Service as defined in Section 7, the employees in the government service who required in the public interest, or when the vacancy is not permanent, in which
occupy the next lower positions in the occupational group under which the cases temporary appointments of non-eligibles may be made in the absence
vacant positions is classified and in other functionally related occupational of eligibles actually and immediately available.
groups and who are competent, qualified and with the appropriate civil service
eligibility shall be considered for promotion. 8. The appropriate examinations herein referred to shall be those given by the
Commission and the different agencies: Provided, however, That nothing
4. For purposes of this Section, each department or agency shall evolve its herein shall affect those eligibles acquired prior to the effectivity of this Civil
own screening process, which may include tests of fitness, in accordance with Service Law: Provided, further, That a person with a civil service eligibility
standards and guidelines set by the Commission. Promotion boards shall be acquired by successfully passing an examination shall be qualified for a
formed to formulate criteria for evaluation, conduct tests and/or interviews, and position requiring a lower eligibility if he possesses the other requirements for
make systematic assessment of training and experience. appointment to such position.

5. If the vacancy is not filled by promotion as provided herein the same shall 9. Those who acquired civil service eligibility after the passage of the
be filled by transfer of present employees in the government service, by Integrated Reorganization Plan by virtue of having passed civil service
reinstatement, by re-employment of persons separates through reduction in examinations or their equivalents may avail of said eligibilities within a period
force, or by appointment of persons with the civil service eligibility appropriate not exceeding five years.
to the positions.
Section 20. Qualification Standards.
6. 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 (a) A qualification standard expresses the minimum requirements for a class
made (1) in favor of another next-in-rank employee who is not qualified, or (2) of positions in terms of education, training and experience, civil service
in favor of one who is not next-in-rank, or (3) in favor of one who is appointed eligibility, physical fitness, and other qualities required for successful
by transfer and not next-in-rank, or by reinstatement, or by original performance. The degree of qualifications of an officer or employee shall be
appointment if the employee making the appeal is not satisfied with the written determined by the appointing authority on the basis of the qualifications
special reason or reasons given by the appointing authority for such standard for the particular position.
appointment: Provided, That final appeal shall be to the department head
concerned if the appointment is issued to a qualified next-in-rank employee. Qualification standards shall be used as basis for civil service examinations for
Before deciding a contested appointment, the Office of the President shall positions in the career service, as guides in appointment and other personnel
consult the Civil Service Commission. For purposes of this Section, “qualified actions, in the adjudication of protested appointments, in determining training
needs, and as aid in the inspection and audit of the agencies personnel work certified by the Commission from an appropriate register of eligibles, and who
programs. meets all the other requirements of the position.

It shall be administered in such manner as to continually provide incentives to All such persons must serve a probationary period of six months following their
officers and employees towards professional growth and foster the career original appointment and shall undergo a thorough character investigation in
system in the government service. order to acquire permanent civil service status. A probationer may be dropped
from the service for unsatisfactory conduct or want of capacity any time before
(b) The establishment, administration and maintenance of qualification the expiration of the probationary period: Provided, That such action is
standards shall be the responsibility of the department or agency, with the appealable to the Commission.
assistance and approval of the Civil Service Commission and in consultation
with the Wage and Position Classification Office. (b) Promotion. A promotion is a movement from one position to another with
an increase in duties and responsibilities as authorized by law and usually
Section 21. Release of Examination Results. The results of any particular civil accompanied by an increase in pay. The movement may be from one
service examination held in a number of places on the same date shall be department or agency to another, or from one organizational unit to another in
released simultaneously. the same department or agency.

Section 22. Register of Eligibles. The names of the competitors who pass an (c) Transfer. A transfer is a movement from one position to another which is of
examination shall be entered in a register of eligibles arranged in the order of equivalent rank, level, or salary without break in service involving the issuance
their general ratings and containing such information as the Commission may of an appointment.
deem necessary.
It shall be considered disciplinary when made in the interest of public service,
Section 23. Cultural Communities. In line with the national policy to facilitate in which case, the employee concerned shall be informed of the reasons
the integration of the members of cultural communities and accelerate to the therefore. If the employee believes that there is no justification for the transfer,
development of the areas occupied by them, the Commission shall give special he may appeal his case to the Commission.
civil service examinations to qualify them for appointment in the civil service.
The transfer may be from one department or agency to another or from one
Section 24. Personnel Actions. All appointments in the career service shall be organizational unit to another in the same department or agency: Provided,
made only according to merit and fitness, to be determined as far as however, That any movement from the non-career service to the career
practicable by competitive examinations. A non-eligible shall not be appointed service shall not be considered a transfer.
to any position in the civil service whenever there is a civil service eligible
actually available for and ready to accept appointment. (d) Reinstatement. Any person who has been permanently appointed to a
position in the career service and who has, through no delinquency or
As used in this Decree, any action denoting the movement or progress of misconduct, been separated therefrom, may be reinstated to a position in the
personnel in the civil service shall be known as personnel action. Such action same level for which he is qualified.
shall include appointment through certification, promotion, transfer,
reinstatement, re-employment, detail, reassignment, demotion, and (e) Re-employment. Names of persons who have been appointed permanently
separation. All personnel actions shall be in accordance with such rules, to positions in the career service and who have been separated as a result of
standards, and regulations as may be promulgated by the Commission. reduction in force and/or reorganization, shall be entered in a list from which
selection for reemployment shall be made.
(a) Appointment through certification. An appointment through certification to
a position in the civil service, except as herein otherwise provided, shall be (f) Detail. A detail is the movement on an employee from one agency to another
issued to a person who has been selected from a list of qualified persons without the issuance of an appointment and shall be allowed, only for a limited
period in the case of employees occupying professional, technical and Section 28. Career and Personnel Development. The Development and
scientific positions. If the employee believes that there is no justification for the retention of a competent and efficient work force in the public service is a
detail, he may appeal his case to the Commission. Pending appeal, the primary concern of government. It shall be the policy of the government that a
decision to detail the employee shall be executory unless otherwise ordered continuing program of career and personnel development be established for
by the Commission. all government employees at all levels. An integrated national plan for career
and personnel development shall serve as the basis for all career and
(g) Reassignment. An employee may be reassigned from one organizational personnel development activities in the government.
unit to another in the same agency: Provided, That such reassignment shall
not involve a reduction in rank, status or salary. Section 29. Career and Personnel Development Plans. Each department or
agency shall prepare a career and personnel development plan which shall be
Section 25. Employment Status. Appointment in the career service shall be integrated into a national plan by the Commission. Such career and personnel
permanent or temporary. development plans which shall include provisions on merit promotions,
performance evaluation, in-service training, including overseas and local
(a) Permanent status. A permanent appointment shall be issued to a person scholarships and training grants, job rotation, suggestions and incentive award
systems, and such other provisions for employees’ health, welfare,
who meets all the requirements for the positions to which he is being
counselling, recreation and similar services.
appointed, including the appropriate eligibility prescribed, in accordance with
the provisions of law, rules and standards promulgated in pursuance thereof.
Section 30. Merit Promotion Plans. Each department or agency shall
(b) Temporary appointment. In the absence of appropriate eligibles and it establish merit promotion plans which shall be administered in accordance
with the provisions of this Decree and the rules, regulations, and standards to
becomes necessary in the public interest to fill a vacancy, a temporary
be promulgated by the Commission. Such plans shall include provisions for a
appointment shall be issued to a person who meets all the requirements for
definite screening process, which may include tests of fitness, in accordance
the positions to which he is being appointed except the appropriate civil service
with standards and guidelines set by the Commission. Promotion Boards may
eligibility: Provided, That such temporary appointment shall not exceed twelve
months, but the appointee may be replaced sooner if a qualified civil service be organized subject to criteria drawn by the Commission.
eligible becomes available.
Section 31. Performance Evaluation System. There shall be established a
Section 26. Salary Increase or Adjustment. Adjustments in salaries as a result performance evaluation system, which shall be administered in accordance
of increase in pay levels or upgrading of positions which do not involve a with rules, regulations and standards promulgated by the Commission for all
change in qualification requirements shall not require a new appointments officers and employees in the career service. Such performance evaluation
system shall be administered in such manner as to continually foster the
except that copies of the salary adjustment notices shall be submitted to the
improvement of individual employee efficiency and organizational
Commission for record purposes.
effectiveness.
Section 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 Each department or agency may, after consultation with the Commission,
establish and use one or more performance evaluation plans appropriate to
program, or as a result of reorganization, to reduce the staff of any department
the various groups of positions in the department or agency concerned. No
or agency, those in the same group or class of positions in one or more
performance evaluation shall be given, or used as a basis for personnel action,
agencies within the particular department or agency wherein the reduction is
except under an approved performance evaluation plan: Provided, That each
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 employee shall be informed periodically by his supervisor of his performance
remaining positions shall be laid off. evaluation.
Section 32. Responsibility for Training. The Commission shall be responsible In accordance with rules, regulations, and standards promulgated by the
for the coordination and integration of a continuing program of personnel Commission, the President or the head of each department or agency is
development for all government personnel in the first and second levels. authorized to incur whatever necessary expenses involved in the honorary
recognition of subordinate officers and employees of the government who by
Central staff agencies and specialized institutes shall conduct continuing their suggestions, inventions, superior accomplishment, and other personal
centralized training for staff specialists from the different agencies. However, efforts contribute to the efficiency, economy, or other improvement of
in those cases where there is sufficient number of participants to warrant government operations, or who perform such other extraordinary acts or
training at department or agency or local government level, such central staff services in the public interest in connection with, or in relation to, their officials
agencies and specialized institute shall render the necessary assistance, and employment.
consultative services.
Section 34. Personnel Relations.
To avoid duplication, of effort and overlapping of training functions, the
following functional responsibilities are assigned: (a) It shall be the concern of the Commission to provide leadership and
assistance in developing employee relations programs in the departments or
(a) Public and private colleges and universities and similar institutions shall be agencies.
encouraged to organize and carry out continuing programs of executive
development. (b) Every head of department or agency shall take all proper steps toward the
creation of an atmosphere conducive to good supervisor-employee relations
(b) The Commission, the Commission on Audit, the Budget Commission, the and the improvement of employee morale.
General Services Administration, and other central staff agencies shall
conduct centralized training and assist in the training program of the Section 35. Complaints and Grievances. Employees shall have the right to
Departments or agencies along their respective functional areas of present their complaints or grievances to management and have them
specialization. adjudicated as expeditiously as possible in the best interest of the agency, the
government as a whole, and the employee concerned. Such complaint or
(c) In coordination with the Commission, the Department of Local Government grievances shall be resolved at the lowest possible level in the department or
and Community Development shall undertake local government training agency, as the case may, and the employee shall have the right to appeal such
programs. decision to higher authorities.

(d) In coordination with the Commission, each department or agency, province Each department or agency shall promulgate rules and regulations governing
or city shall establish, maintain and promote a systematic plan of action for expeditious, fair, and equitable adjustment of employees’ complaints or
personnel training at all levels in accordance with standards laid down by the grievances in accordance with the policies enunciated by the Commission.
Commission. It shall maintain appropriate training staffs and make full use of
available training facilities. ARTICLE IX
DISCIPLINE
Whenever it deems it necessary, the Commission shall take the initiative in
undertaking programs for personnel development. Section 36. Discipline: General Provisions.

Section 33. Employee Suggestions and Incentive Award System. There shall (a) No officer or employee in the Civil Service shall be suspended or dismissed
be established a government-wide employee suggestions and incentive except for cause as provided by law and after due process.
awards system which shall be administered under such rules, regulations, and
standards as may be promulgated by the Commission. (b) The following shall be grounds for disciplinary action:
1. Dishonesty; 18. Disgraceful, immoral or dishonest conduct prior to entering the service;

2. Oppression; 19. Physical or mental incapacity or disability due to immoral or vicious habits;

3. Neglect of duty; 20. Borrowing money by superior officers from subordinates or lending by
subordinates to superior officers;
4. Misconduct;
21. Lending money at usurious rates of interest;
5. Disgraceful and immoral conduct;
22. Willful failure to pay just debts or willful failure to pay taxes due to the
6. Being notoriously undesirable; government;

7. Discourtesy in the course of official duties; 23. Contracting loans of money or other property from persons with whom the
office of the employee concerned has business relations;
8. Inefficiency and incompetence in the performance of official duties;
24. Pursuit of private business, vocation or profession without the permission
required by Civil Service rules and regulations;
9. 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 25. Insubordination;
favor or better treatment than that accorded other persons, or committing acts
punishable under the anti-graft laws; 26. Engaging directly or indirectly in partisan political activities by one holding
non-political office;
10. Conviction of a crime involving moral turpitude;
27. Conduct prejudicial to the best interest of the service;
11. Improper or unauthorized solicitation of contributions from subordinate
employees and by teachers or school officials from school children; 28. Lobbying for personal interest or gain in legislative halls and offices without
authority;
12. Violation of existing Civil Service Law and rules or reasonable office
regulations; 29. 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
13. Falsification of official document; if there is no prior authority;

14. Frequent unauthorized absences or tardiness in reporting for duty, loafing 30. Nepotism as defined in Section 49 of this Decree.
or frequent unauthorized absences from duty during regular office hours;
(c) Except when initiated by the disciplining authority, no complaint against a
15. Habitual drunkenness; civil service official or employee shall be given due course unless the same is
in writing and subscribed and sworn to by the complainant.
16. Gambling prohibited by law;
(d) In meting out punishment, the same penalties shall be imposed for similar
offenses and only one penalty shall be imposed in each case. The disciplining
17. Refusal to perform official duty or render overtime service;
authority may impose the penalty of removal from the service, transfer, (a) Administrative proceedings may be commenced against a subordinate
demotion in rank, suspension for not more than one year without pay, fine in officer or employee by the head of department or office of equivalent rank, or
an amount not exceeding six months’ salary, or reprimand. head of local government, or chiefs or agencies, regional directors, or upon
sworn, written complaint of any other persons.
Section 37. Disciplinary Jurisdiction.
(b) In the case of a complaint filed by any other persons, the complainant shall
(a) The Commission shall decide upon appeal all administrative disciplinary submit sworn statements covering his testimony and those of his witnesses
cases involving the imposition of a penalty of suspension for more than thirty together with his documentary evidence. If on the basis of such papers a prima
days, or fine in an amount exceeding thirty days’ salary, demotion in rank or facie case is found not to exist, the disciplining authority shall dismiss the case.
salary or transfer, removal or dismissal from Office. A complaint may be filed If a prima facie case exists, he shall notify the respondent in writing, of the
directly with the Commission by a private citizen against a government official charges against the latter, to which shall be attached copies of the complaint,
or employee in which case it may hear and decide the case or it may deputize sworn statements and other documents submitted, and the respondent shall
any department or agency or official or group of officials to conduct the be allowed not less than seventy-two hours after receipt of the complaint to
investigation. The results of the investigation shall be submitted to the answer the charges in writing under oath, together with supporting sworn
Commission with recommendation as to the penalty to be imposed or other statements and documents, in which he shall indicate whether or not he elects
action to be taken. a formal investigation if his answer is not considered satisfactory. If the answer
is found satisfactory, the disciplining authority shall dismiss the case.
(b) The heads of departments, agencies and instrumentalities, provinces, cities
and municipalities shall have jurisdiction to investigate and decide matters (c) Although a respondent does not request a formal investigation, one shall
involving disciplinary action against officers and employees under their nevertheless be conducted when from the allegations of the complaint and the
jurisdiction. Their decisions shall be final in case the penalty imposed is answer of the respondent, including the supporting documents, the merits of
suspension for not more than thirty days or fine in an amount not exceeding the case cannot be decided judiciously without conducting such an
thirty days’ salary. In case the decision rendered by a bureau or office head is investigation.
appealable to the Commission, the same may be initially appealed to the
department and finally to the Commission and pending appeal, the same shall (d) The investigation shall be held not earlier than five days nor later than ten
be executory except when the penalty is removal, in which case the same shall days from the date of receipt of respondent’s answer by the disciplining
be executory only after confirmation by the department head. authority, and shall be finished within thirty days from the filling of the charges,
unless the period is extended by the Commission in meritorious cases. The
(c) An investigation may be entrusted to regional director or similar officials decision shall be rendered by the disciplining authority within thirty days from
who shall make the necessary report and recommendation to the chief of the termination of the investigation or submission of the report of the
bureau or office or department within the period specified in Paragraph d of investigator, which report shall be submitted within fifteen days from the
the following Section. conclusion of the investigation.

(d) An appeal shall not stop the decision from being executory, and in case the (e) The direct evidence for the complainant and the respondent shall consist
penalty is suspension or removal, the respondent shall be considered as of the sworn statement and documents submitted in support of the complaint
having been under the preventive suspension during the pendency of the or answer, as the case may be, without prejudice to the presentation of
appeal in the event he wins an appeal. additional evidence deemed necessary but was unavailable at the time of the
filing of the complaint or answer, upon which the cross-examination, by
Section 38. Procedure in Administrative Cases Against Non-Presidential respondent and the complainant, respectively, shall be based. Following
Appointees. cross-examination, there may be redirect and recross-examination.
(f) Either party may avail himself of the services of counsel and may require Resort to summary proceedings by disciplining authority shall be done with
the attendance of witnesses and the production of documentary evidence in utmost objectivity and impartiality to the end that no injustice is committed:
his favor through the compulsory process of subpoena or subpoena duces Provided, That removal or dismissal except those by the President, himself, or
tecum. upon his order, may be appealed to the Commission.

(g) The investigation shall be conducted only for the purpose of ascertaining Section 41. Preventive Suspension. The proper disciplining authority may
the truth and without necessarily adhering to technical rules applicable in preventively suspend any subordinate officer or employee under his authority
judicial proceedings. It shall be conducted by the disciplining authority pending an investigation, in the charge against such officer or employee
concerned or his authorized representative. involves dishonesty, oppression or grave misconduct, or neglect in the
performance of duty, or if there are reasons to believe that the respondent is
The phrase “any other party” shall be understood to be a complainant other guilty of charges which would warrant his removal from the service.
than those referred to in subsection (a) hereof.
Section 42. Lifting of Preventive Suspension Pending Administrative
Section 39. Appeals. Appeals, where allowable, shall be made by the party Investigation. When the administrative case against the officer of employee
adversely affected by the decision within fifteen days from receipt of the under preventive suspension is not finally decided by the disciplining authority
decision unless a petition for reconsideration is seasonably filed, which petition within the period of ninety (90) days after the date of suspension of the
shall be decided within fifteen days. Notice of the appeal shall be filed with the respondent who is not a presidential appointee, the respondent shall be
disciplining office, which shall forward the records of the case, together with automatically reinstated in the service: Provided, That when the delay in the
the notice of appeal, to the appellate authority within fifteen days from filing of disposition of the case is due to the fault, negligence or petition of the
the notice of appeal, with its comment, if any. The notice of appeal shall respondent, the period of delay shall not be counted in computing the period
specifically state the date of the decision appealed from and the date of receipt of suspension herein provided.
thereof. It shall also specifically set forth clearly the grounds relied upon for
excepting from the decision. Section 43. Removal of Administrative Penalties or Disabilities. In meritorious
cases and upon recommendation in the Commission, the President may
(b) A petition for reconsideration shall be based only on any of the following commute or remove administrative penalties or disabilities imposed upon
grounds: (1) new evidence has been discovered which materially affects the officers or employees in disciplinary cases, subject to such terms and
decision rendered; (2) the decision is not supported by the evidence on record; conditions as he may impose in the interest of the service.
or (3) errors of law or irregularities have been committed prejudicial to the
interest of the respondent: Provided, That only one petition for reconsideration ARTICLE X
shall be entertained. PROHIBITIONS

Section 40. Summary Proceedings. No formal investigation is necessary and Section 44. Limitation on Appointment.
the respondent may be immediately removed or dismissed if any of the
following circumstances is present: 1. No elective official shall be eligible for appointment to any office or position
during his term of office.
(a) When the charge is serious and the evidence of guilt is strong;
2. No candidate who lost in an election shall be eligible for appointment to any
(b) When the respondent is a recidivist or has been repeatedly charged and office in the government, or in any government-owned or controlled
there is reasonable ground to believe that he is guilty of the present charge. corporation within one year following such election.

(c) When the respondent is notoriously undesirable. Section 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 bureau, in which event the employment or retention therein of both husband
he use his official authority or influence to coerce the political activity of any and wife may be allowed.
other person or body. Nothing herein provided shall be understood to prevent
any officer or employee from expressing his views on current political problems (c) In order to give immediate effect to these provisions, cases of previous
or issues, or from mentioning the names of candidates for public office whom appointments which are in contravention hereof shall be corrected by transfer,
he supports: Provided, That public officers and employees holding political and pending such transfer, no promotion or salary increase shall be allowed in
offices may take part in political and electoral activities but it shall be unlawful favor of the relative or relatives who were appointed in violation of these
for them to solicit contributions from their subordinates or subject them to any provisions.
of the acts involving subordinates prohibited in the Election Code.
ARTICLE XI
Section 46. Additional or Double Compensation. No elective or appointive MISCELLANEOUS PROVISIONS
public officer or employee shall receive additional or double compensation
unless specifically authorized by law nor accept without the consent of the Section 50. Examining Committee, Special Examiners and Special
President, any present, emolument, office, or title of any kind from any foreign Investigators. Subject to approval by the proper head of department or agency,
state.
the Commission may select suitable persons in the government service to act
as members of examining committees, special examiners or special
Section 47. Limitation on Employment of Laborers. Laborers, whether skilled, investigators. Such person shall be designated examiners or investigators of
semi-skilled or unskilled, shall not be assigned to perform clerical duties. 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.
Section 48. Prohibition on Detail or Reassignment. No detail or reassignment Examining committees, special examiners or special investigators so
whatever shall be made within three (3) months before any election. 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 49. Nepotism.
Section 51. Fees. The Commission shall collect and charge fees for civil
(a) All appointments in the national, provincial, city and municipal governments service examinations, certifications of civil service ratings, service records, and
or in any branch or instrumentality thereof, including government-owned or other civil service matters, training courses, seminars, workshops in personnel
controlled corporations, made in favor of a relative of the appointing or management and other civil service matters.
recommending authority, or of the chief of the bureau or office, or of the
persons exercising immediate supervision over him, are hereby prohibited. For this purpose, the Commission shall prescribe standard and reasonable
rates for such examinations, certifications, training courses, seminars, and
As used in this Section, the word “relative” and members of the family referred workshops: Provided, That the fees so collected in training courses, seminars
to are those related within the third degree either of consanguinity or of affinity. and workshops, shall be used exclusively for training activities of the
Commission: Provided, further, That no examination fees shall be collected in
examinations given for the selection of scholars.
(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, Section 52. Authority of Officers to Administer Oaths, Take Testimony,
That in each particular instance full report of such appointment shall be made Prosecute and Defend Cases in Court. Members of the Commission, chiefs of
to the Commission. offices, and other officers and employees of the Commission designated in
writing by the Chairman may administer such oaths as may be necessary in
the transactions of official business and administer oaths and take testimony
The restriction mentioned in subsection (a) shall not be applicable to the case
in connection with any authorized investigation. Attorneys of the Commission
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
may prosecute and defend cases in connection with the functions of the appropriations to cover the salaries of officials and employees of the Civil
Commission before any court or tribunal. Service Commission and its maintenance and operational expenses shall be
included in the annual General Appropriations Decree.
Section 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 Section 58. Vested Rights. Except as otherwise provided in this Decree, rights
receive pay from the government; but the appointing authority responsible for vested or acquired under the provisions of the old Civil Service Law, rules and
such unlawful employment shall be personally liable for the pay that would regulations and any other Acts prior to the effectivity of this Decree shall be
have accrued had the employment been unlawful, and the disbursing officials respected.
shall make payment to the employee of such amount from salary of the officers
so liable. Section 59. Repealing Clause. All laws, rules and regulations or parts thereof
inconsistent with the provisions of this Decree are hereby repealed or modified
Section 54. Liability of Disbursing Officers. Except as may otherwise be accordingly.
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 Section 60. Separability of Provisions. If any part, section or provision of this
contribution or payment of obligations other than those due the government or Decree shall be held invalid or unconstitutional, no other part, section or
its instrumentalities. provision thereof shall be affected thereby.

Section 55. Penal Provision. Whoever makes any appointment or employs Section 61. Effectivity. This Decree shall form part of the law of the land and
any person in violation of any provision of this Decree or the rules made shall take effect immediately.
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

Section 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.

Section 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,