FIFTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES .)
First Regular Session )

SENATE

Senate Bill No. ,1 :i "I

INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA

EXPLANATORY NOTE

The proposed Civil Service Code of the Philippines has been deliberated
upon during the 1ih Congress of the Philippines and it took the form of
Committee Report No. 48. Unfortunately, with the myriad challenges that our
legislators faced during the last Congress it was not enacted into law.

This bill sets out the constitutional framework within which all civil servants
work and the values they are expected to uphold.

This bill seeks to address the deeply-rooted problems besetting the public
service, among which are: graft and corruption; red tape; violations of employee
rights, specifically the right t6 security of tenure and the right to due process of
law; violations of the merit and fitness principle; inadequate employee benefits
and privileges; organization ineffectiveness and unnecessary delays in the
delivery of services.

This humble Representation now respectfully assumes the burden of

pushing for this long-awaited piece of proposed legislation in the halls of the
Senate with the end in view of seeing during this lifetime the revival of patriotism
and nationalist ideals through an efficient and professionalized civil service.

Sound govemance and the effective delivery of public service is··

dependent on a sound and effective civil service corps. In view of the foregoing,
passage of this p'roposed measure is eamestly sought.

Senator
)

FIFTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )
First Regular Session )

SENATE

Senate Bill No. 1 - I

INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA

AN ACT
ESTABLISHING A CIVIL SERVICE CODE OF THE PHILIPPINES
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

BOOK I. GENERAL PRINCIPLES

Title I - Policies on Civil Service System

Chapter I. Declaration of Policy

SECTION 1. Short Title. - This Act shall be known as the "The Civil
Service Code of the Philippines".

SEC. 2. Declaration of Policy.-

(a) The state recognizes the primary and enduring role of the civil service
system in implementing the laws, managing public affairs, and ensuring
the delivery of public services.

(b) The state shall provide the enabling environment that will promote its
integrity, independence, productivity and excellence.

(c) It is the policy of the State to promote the Constitutional mandate that:

(1) Appointments in the civil service system shall be made only on the
principle of merit and fitness;
(2) Public office being a public trust, public officers and employees
must be accountable to the people and live the principles of utmost
responsibility, integrity, loyalty, efficiency, patriotism, justice and
modesty in serving the people;
(3) Employment opportunities in the civil service system shall be
equally available to all qualified citizens;
(4) No public officer and employee shall be disciplined, suspended or
dismissed except for cause and after observing due process of law,
or for non-disciplinary causes;
(5) The Civil Service Commission, being the central personnel agency
of the government, shall administer the civil service system and

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provide policies and guidelines on the recruitment and selection,

utilization, training and discipline of public officers and employees;
(6) The right to self-organization, collective negotiation and peaceful
concerted activities, including the right to strike in accordance with
the provisions of this code, shall be guaranteed and respected;
(7) Equal pay for work of equal value shall be guaranteed; and
(8) Actions on personnel matters shall be decentralized, with the
different departments and other offices of agencies of the
government delegating to their regional off ices or other similar
units, powers and functions.

Chapter 2, Definition of Terms

SEC. 3. Terms Defined. - With reference to the civil service system and
as used in this Code, the following terms shall be construed to mean as follows:

(a) Agency refers to any departh"lent, bureau, office, commission,

administration, board, committee, institute, government-owned or -
controlled corporation with original charter, state university and college,
and local government unit.

(b) Appointing authority refers to the person or body authorized by law to

make appointments in the civil service system.

(c) Appointment refers to the document issued by the appointing authority

allowing the appointee to occupy the position stated therein and to
perform its functions and receive the corresponding compensation. It
could also refer to the selection by the appointing authority of an
individual who is to exercise the function& of the position.

(d) Career Executive Service (CES) refers to the strong, stable,

competent, well-trained and highly motivated corps of career public
managers that will provide effective support to national development.

(e) CESB refers to the Career Executive Service Board.

(f) Career Executive Service Officer (CESO) refers to a person who has
been conferred a CES rank.

(g) Chairperson refers to the Chairman of the Civil Service Commission.

(h) Civil Service refers to persons employed to carry out public service, in
all branches, agencies, subdivisions and instrumentalities of
government including government-owned and controlled corporations
with original characters or created under special laws, local
government units, and state universities and colleges.

(i) Civil service eligible refers to a person who passed a civil service
examination or is granted civil service eligibility by law or by the Civil
Service Commission.

0) Civil service system refers to the policies, regulations, procedures,

practices and ethics that govern the manner in which laws are
executed and implemented, public affairs are managed and public
services are delivered in all branches, agencies, subdivisions and
instrumentalities of government, government-owned and controlled

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corporations with original charters or created under special laws, local

government units, state universities and colleges.

(k) Class refers to all positions in the civil service system that are
sufficiently similar as to duties and responsibilities and require similar
qualifications that can be given the same title and salary and for all
administrative and compensation purposes, be treated alike.

(I) Commission refers to the Civil Service Commission.

(m)Commissioner refers to either of the two (2) other members of the

Commission.

(n) Consultant refers to the person engaged under a consultancy contract

by reason of expertise not readily available from career personnel, to
perform highly specialized functions for a short duration, with a definite
output, having no employer-employee relation with the contracting
agency.

(0) Department refers to any of the departments in the Executive branch,

Congress, the JudiCiary and any of the constitutional commissions.

(p) Disciplining authority refers to the person or body authorized to

suspend, dismiss or discipline public officers and employees in the civil
service system.

(q) Eligibility refers to the qualification acquired by an individual after

passing a 'civil service examination or granted by law or by the
commission, for entrance into and promotion in the career service.

(r) Employee refers to any person employed in the civil service system of
whatever category or class up to division chief level.

(s) Employee organization refers to any employee organization, union,

association, federation, confederation, society or alliance duly
registered in accordance with the provisions of this Code.

(t) Examination refers to the test conducted by the Commission or any

agency authorized by law for the purpose of determining merit and
fitness for appointment in the civil service system.

(u) Grievance refers to an employee's complaint regarding working

conditions, working relationships or employment status.

(v) Grievance procedure refers to the mechanisms of resolving employee

grievances and complaints,

(w) Highly technical position refers to a position which requires the

occupant to possess skill or training in a supreme or superior degree,
like that of a scientist.

(x) Job orders refers to a contract of service of individuals or groups paid

under a lump sum appropriation for a short duration having no
employer-employee relation with the government.

(y) Merit system refers to an organized mechanism by which the selection,

utilization, compensation, training, retention and discipline of

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 employees in the service are governed by comparative merit and
achievement

(z) Personnel action refers to any movement of personnel in the civil

service system.

(aa) Policy-determining position refers to a position which vests in the

occupant the power to formulate policies for the government or any of
its agencies, subdivisions, or instrumentalities, like that of a member of
the cabinet.

(bb) Position refers to a job title with a defined set of duties and
responsibilities to be performed by an individual either on full-time or
part-time basis.

(cc) Primarily confidential position refers to a position where the

occupant enjoys more than the ordinary confidence of the appointing
power but bears such close intimacy which relieves the latter from
misgivings of betrayal of personal trust on confidential matters; like that
of a private secretary.

(dd) Public officers as distinguished from employees, refer to those

whose functions are managerial or executive in nature and above the
division chief level invested by law with a portion of the sovereignty of
the state.

(ee) Qualification standards refer to the minimum requirements for a

class of position expressed in terms of education, training, experience,
civil service eligibility, physical fitness and other qualities required by
the job.

(ff) Rank-and-file refers to employees occupying positions in the first and

second levels.

(gg) Reorganization refers to the process of restructuring an agency's

organizational and functional set-up with the view of making it more
economical, effective, efficient and responsive to the needs of the
public

(hh) Solo parent refers to any individual who falls under any of the
categories as enumerated in R.A. 8972, otherwise known as the Solo
Parents Welfare Act of 2000.

(ii) Strike, for purposes of this code, refers to a concerted action of an

accredited employee organization which will result in temporary work
stoppage without t6tal disruption of public service.

Chapter 3. Rights and Obligations of Public Officers and

Employees in the Civil Service System

SEC. 4. Rights. - Public officers and employees in the civil service system
shall have the right to:

(a) Security of tenure;

(b) Exercise the authority attendant to their positions;

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 (c) Enjoy leave, welfare, retirement and other benefits and services;

(d) Self-organization or to form and join unions, associations, federations,

confederations or societies for purposes not contrary to law;

(e) For rank-and-file employees of accredited organizations to collectively

negotiate for terms and conditions of employment in accordance with
existing laws and the right to engage in a strike in accordance with the
provisions of this code; and

(f) Enjoy such other rights provided by law.

SEC. 5. Obligations. - Public officers and employees in the civil service

system shall: .

(a) Uphold and defend the. Constitution and laws of the Republic of the
Philippines;
(b) Take and subscribe to an oath before assumption of office;
(c) Be accountable at all times to the people, and serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice and lead modest lives;
(d) Discharge their duties faithfully and maintain the required level of
productivity of their positions for the benefit of the public;
(e) Submit upon assumption to duty and as often as may be prescribed by
law, a sworn statement of assets, liabilities and net worth and disclosure
of business interests and financial transactions;
(f) Identify and disclose, to the best of their knowledge, their relatives in
government, in the manner and frequency as may be prescribed by law,
rules and regulations; and
(g) Undertake programs of self-development to improve their performance
and levels of service.

Title 11 - Scope of the Civil Service System

Chapter I. Positions in the Civil Service System

SEC. 6 Coverage. - The civil service system embraces all branches,

agencies, subdivisions and instrumentalities of government, state universities
and colleges, government-owned and controlled corporations with original
charters or created under special laws, and local government units.

SEC. 7 Administration of the Civil Service System - As the central

personnel agency of the government, the Commission, shall establish a career
service, administer the civil service system, adopt measures to promote morale,
efficiency, competency, integrity, honesty, responsiveness, progressiveness,
courtesy and gender sensitivity, strengthen the merit and rewards system,
integrate all human resource development programs for all levels and ranks
therein and institutionalize a management climate that promotes good working
conditions and public accountability.

SEC. 8. Categories of pOSition. - Positions in the civil service system

shall be categorized as career and non-career.

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 SEC. 9. The Career Service. - The career service shall be characterized
by (a) entrance based on merit and fitness to be determined, as far as
practicable, by competitive examinations or on highly technical qualifications; (b)
opportunity for advancement to higher career positions; and (c) security of tenure
which is also based on performance, mechanics of which shall be formulated by
the Commission.

SEC. 10. Positions Included in the Career Service. - Positions in the

career service include the following:

(a) Open career positions - appointment to which requires qualification in an

appropriate examination or other modes in accordance with law;

(b) Closed career positions - pOSitions that are scientific or highly technical in
nature, which maintain their own merit systems, such as the following:

(1) Faculty and academic staff of state universities and colleges or

scientific and technical pOSitions in scientific or research institutions;

(2) Career Executive Service;

(3) Career officers, Other than those in the career executive service, who
are appointed by the President, such as the foreign service officers in
the Department of Foreign Affairs, the judges and justices in the
Judiciary. and the prosecutors in the prosecution services;

(4) Uniformed and commissioned personnel of the Philippine National

Police;

(c) Permanent laborer, whether skilled, semi-skilled, or unskilled.

SEC. 11. Classes of Positions in the Career Service. - Positions in the

career service shall be grouped as follows:

(a) First Level - includes clerical, trades, crafts and custodial positions
whether in a non-supervisory or supervisory capacity;

(b) Second Level - includes professional, highly technical, scientific or other

highly specialized positions in a supervisory or non-supervisory capacity
requiring at least a baccalaureate degree or its equivalent as determined
by the Commission; and

(c) Third Level - includes the highest-level positions in the career service as
determined in the Position Classification and Compensation System.

Except as otherwise provided in this Code, entrance to the first two levels
shall be through competitive or special examinations to be given by the
Commission. Entrance to the third level shall be based on qualification
requirements prescribed by the Commission through the CESB. previous
qualification in the lower level. Entrance to a higher level does not require

SEC. 12. The Non-Career Service. - The non-career service shall be

characterized by merit and fitness to be determined by (a) modes other than
those of the usual test utilized for the career service; (b) tenure which is limited to
a period specified by law; (c) tenure which is coterminous with that of the
appointing authority or subject to his/her pleasure or which is limited to the

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duration of a specific project for which purpose of employment was made; and
(d) the primarily confidential nature of the position.

SEC. 13. Positions included in the Non-Career Service. - The non-career

service shall include the following:

(a) Elective officers and their personal and primarily confidential staff;

(b) Department heads and other officers of Cabinet rank who occupy their
positions at the pleasure of the President and their personal and
primarily confidential staff;

(c) Chairpersons and members of constitutional commissions and other

commissions, boards and other bodies with fixed terms of office and
their personal and primarily confidential staff.

(d) Non-career undersecretaries and non-career assistant secretaries and

their personal and primarily confidential staff;

(e) Contractual personnel or those whose employment is in accordance with

a special contract for a maximum period of one year to undertake a
specific work or job which requires special knowledge and/or technical
skills not available in the employing agency;

(f) Those whose positions may be declared as personal and primarily

confidential by the Commission; and

(g) Emergency, casual and seasonal personnel.

Title III - The Civil Service Commission

Chapter 1. Composition, Duties and Functions

SEC. 14. Composition. - The Commission shall be composed of a

Chairperson and two (2) Commissioners.

SEC. 15. Qualifications of fhe Chairperson and Commissioners. -

The Chairperson and Commissioners shall be natural-born citizens of the
Philippines, and at the time of their appointment are at least thirty-five (35) years
of age with proven capacity for public administration and must not have been
candidates for any elective position in the elections immediately preceding their
appointment.

As far as practicable, one of them must be a lawyer and the composition

of the Commission rnust be gender balanced.

SEC. 16. Terms of Office - The Chairperson and Commissioners shall be

appointed by the President subject to confirmation by the Commission on
Appointments for a term of seven (7) years without reappointment. In no case
shall any member be appointed. or designated in a temporary or acting capacity.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor.

SEC. 17. Compensation - The salaries of the Chairperson and the

Commissioners shall be fixed by law and shall not be decreased during their
tenure.

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 SEC. 18. Prohibition. - No Member of the Commission shall, during
tenure, hold any other office or employment except when expressly provided by
law. Neither shall he/she engage in the practice of any profession or in the active
management or control of any business which in any way be affected by the
functions of his/her office, nor shall he/she be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege granted by the
govemment, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations.

SEC. 19. Powers and Functions of the Commission. - The

Commission shall have the following powers and functions:

(a) Administer and enforce the constitutional and statutory provisions and
such other mandatory provisions of law on the merit system for all levels
and ranks in the civil service system;

(b) Prescribe, enforce and amend rules and regulations for carrying into
effect the provisions of this Code and other pertinent laws which shall
become effective thirty (30) days from the date of publication in the
Official Gazette or in a national newspaper of general circulation.

(c) Promulgate its own rules concerning pleadings and practice before it or
any of its offices, which shall not diminish, increase or modify substantive
rights;

(d) Promulgate policies, standards and guidelines for the civil service system
and adopt plans and programs to promote ethical, efficient and effective
personnel administration in the government including innovative systems
and mechanisms to ensure feedback from the public;

(e) Formulate policies and regulations for the administration, maintenance

and implementation of Position Classification and Compensation system;

(f) Render decisions, orders, opinions or rulings on civil service matters

which shall be binding on heads of department and agencies and
immediately executory and notwithstanding any law to the contrary, may
be brought only to the Supreme Court on certiorari;

(g) Discipline CES members for cause after due process;

(h) Control, supervise and coordinate civil service examinations. Any entity
or public officer in government may be called upon by the Commission to
assist in the preparation and conduct of the said examinations. Such
assistance includes, but it is not limited to, the provision of personnel and
security, the use of buildings and facilities, as well as the transportation of
examination materials.

(i) Grant civil service eligibility to qualified applicants based on civil service
examinations results, performance, training, education, qualifications and
other similar standards, subject to the guidelines it may prescribe;

OJ Prescribe all forms for civil service examinations, appointments, reports

and such other forms as may be required by law and the rules and
regulations of the Commission;

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(k) Decfare, when appropriate, positions in the civil service system as
primarily confidential, highly technical or policy-determining;

(I) Formulate, administer and evaluate programs relative to the recruitment

and selection, development and retention of qualified and competent
work force in the public service, including administration, development
and evaluation of training, scholarship and retirement programs;

(m) Resolve administrative cases and other civil matters brought before it
directly or on appeal, including disciplinary matters, contested
appointments or personnel actions. The decisions, orders or ruling of the
Commission may be brought by the aggrieved party to the Supreme
Court only on certiorari;

(n) Issue subpoena ad testificandum (process directing the attendance of

witness) and/or subpoena duces tecum (process directing the production
of documentary evidence);

(0) Deputize public officers and employees of the Commission and of other
departments and agencies to investigate and hear cases and to submit
their findings and recommendations to the Commission;

(p) In the exercise of its quasi-judicial functions, punish for contempt, direct
and indirect, public officers, employees and other persons for refusal or
failure to comply with the decisions, orders, rulings or processes and
proceedings of the Commission;

(q) Delegate any power or function of the Commission to its regional or field
offices;

(r) Review decisions and actions of its offices;

(s) Enforce and execute its decisions, orders and rulings, and for this
purpose, deputize any national or local law-enforcement agency or
instrumentality of the government which shall act under the direct and
immediate supervision of the Commission;

(t) Act on all appointments and other personnel matters in the civil service
system;

(u) Inspect and audit the personnel actions and programs of the
departments, agencies, bureaus, offices and instrumentalities of
government, state universities and colleges, government-owned and
controlled corporations with original charters or created under special
laws, local government units;

(v) Prescribe rules and polices on employee organizations and regulate

employee-management relations including the settlement of disputes;

(w) Prescribe and enforce rules and regulations to promote and ensure safe,
healthy and proper working conditions for employees;

(x) Formulate and administer programs that will foster an honest, graft-free
public service;

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 (y) Reorganize or effect changes in its organization, within the limits of its
appropriations, including the creation, merger or consolidation, splitting or
division and abolition of offices and positions; and

(z) Exercise all powers and perform the functions properly belonging to a
central personnel agency.

SEC. 20. Duties and Responsibilities of the Chairperson and the

Commissioners. -

(a) The Chairperson and the two Commissioners shall be responsible for the
effective exercise of the rule-making, policy-formulation and adjudicative
functions of the Commission. They shall promote the development of a
creative, productive and competitive workforce.

(b) The Chairperson shall be the chief executive officer and shall perform the
following functions:

(1) Execute and administer the internal poliCies, decisions, orders, and
resolutions approved by the Commission;

(2) Direct and supervise the operations and internal administration of the
Commission;

(3) Sign appointments of subordinate public officers and employees

made by the commission and enforce decisions on administrative
discipline involving them;

(4) Submit the annual budget of the Commission to Congress for its
approval;

(5) Transmit to the President, rules and regulations adopted by the

Commission which require presidential attention including annual and
other periodic reports;

(6) Delegate authority, in whole or in part, to other public officers and

employees of the Commission, in accordance with the rules and
regulations of the Commission; and

(7) Perform such other functions as may be prescribed by law.

'. Chapter 2. Organization and Structure

SEC. 21. Offices in the Commission. - The Commission shall have the
following offices:

(a) Office of the Assistant Commissioners;

(b) Commission Secretariat;

(c) Office for Legal Affairs;

(d) Examination, Recruitment, and Placement Office;

(e) Personnel Policies and Standards Office;

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 (f) Human Resource Development Office;

(g) The Civil Service Institute;

(h) Personnel Relations Office;

(i) Public Assistance and Information Office;

U) Personnel Records Management Office;

(k) Office for Planning;

(I) Office for Financial and Assets Management;

(m)Office for Personnel Management;

(n) Regional Offices/Field Offices; and

(0) Internal Audit Service.

SEC. 22. The Office of the Assistant Commissioners. - The Office of the
Assistant Commissioners (OACs) shall provide technical support to the
Commission in the areas of research, policy review and program development.
This office shall also handle special projects and maintain external linkages as
may be deemed necessary by the Commission.

SEC. 23. The Commission Secretariat. - The Commission Secretariat

(COMSEC) shall take charge of programming and coordinating regular and
special meetings of the Commission. Its functions include efficient information
management and maintenance of all records, decisions, policies,
pronouncements and issuances of the Commission.

COMSEC shall also be the main liaison between Central Office and the
Regional Offices. This function includes coordination of all transactions of the
Central offices with the Regional offices.

SEC. 24. The Office for Legal Affairs. - This office shall provide the
Commission with legal advice and assistance in the exercise of its rule-making,
policy formulation, prosecution, quasi-judicial and other functions.

SEC. 25. The Examination, Placement and Recruitment Office. - The

Examination, Placement and Recruitment Office (ERPO) shall take charge of
developing, enhancing, controlling, supervising and coordinating pertinent
schemes in the granting of civil service eligibility such as but not limited to
administration of Civil Service examinations. It shaH also take charge of
formulating programs, policies, standards and guidelines in the certification and
placement of civil service eligible.

SEC. 26. The Personnel Policies and Standards Office. - The Personnel
Policies and Standards Office (PPSO) shall take charge of the formulation and
periodic review of qualificalion-, performance- and promotion-standards within
the context of the merit and rewards pOlicies of the various closed and open
career systems.

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 It shall also develop policies, programs and regulations relative to
performance management, as well as the inspection and audit of personnel
mechanisms in the government agencies.

It shall administer, maintain and implement the position classification and

compensation system.

SEC.27. The Human Resource Development Office. - The Human

Resource Development Off ice (HRDO) shall formulate, administer and evaluate
HRD programs and policies relative to the development and retention of a
qualified and competent work force in the public service. It shall also be
responsible for the innovation and modeling of best-practiced development
interventions to enhance capacities and reinforce service values of public
servants.

SEC. 28. The Civil Service institute. - This office shall be responsible for the
design and administration of the Commission's human resource development
and training programs.

SEC. 29. The Personnel Relations Office. - The Personnel Relations Office
(PRO) shall take charge of all inter- and intra-public sector union concerns such
as employee relation standards, conciliation, registration and accreditation of
unions including advocacy work. It shall also serve as the secretariat for the
Public Sector Labor Management Council (PSLMC), and conduct research and
training on public sector unionism, as well as design and develop public sector
labor education programs.

SEC. 30. The Public Assistance and information Office. - The Public
Assistance Information Office (PAlO) shall take charge of managing an effective
information exchange system between the Commission and its internal and
external publics. Its function includes maintaining strong linkages with media
institutions/practitioners as well as undertaking special projects, such as the CSC
anniversary celebration and the Honor Awards Program, necessary in carrying-
out its dual role of information dissemination as well as feedback generation on
operations, programs and thrusts of the Commission.

SEC 31. The Personnel Records Management Office. - The Personnel

Records Management Off ice (PRMO) shall formulate and implement policies,
standards and regulations pertaining to the storage, maintenance, security
control, and disposal of government personnel records and other related civil
service documents. Management of such records includes maintenance of the
resource center for computer-based information, the library, the archives, and the
museum of the 'Commission.

PRMO shall be responsible for the management of incoming and outgoing

communications of the Commission.

SEC. 32. The Office for Planning. - The Office for Planning (OP) shall be
responsible for the formulation, implementation and monitoring of the long-term
Strategic Plans of the Commission. It shall provide technical support and
assistance to the Commission on organizational planning, benchmarking and
research and in the development of work programs and projects of the different
Commission offices consistent with its mandate.

The Office for Planning shall also oversee the formulation and
management of the Information Technology Plan that shall serve as the blueprint
for the development, implementation, and maintenance of communication and

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information systems vital to the internal operations of the CSC as well as to the
decision-making functions of the Commission.

SEC. 33. The Office for Financial and Assets Management. - The
Office for Financial Assets and Management (OFAM) shall take charge of
ensuring sound fiscal and asset management consonant with the annual,
supplemental and special budgets of the Commission as contained in the
General Appropriations Act.

SEC.34. The Office for Personnel Management. - The Office for

Personnel Management (OPM) shall take charge of formulating the development
plan of the Commission, which includes sound policies on personnel
management in the areas of recruitment and selection, employee welfare and
discipline in the Commission.

SEC. 35. The Regional Offices/Field Offices. - The Regional Offices

shall enforce Civil 'Service rules, policies, and standards on personnel
management within their respective regional jurisdictions. They shall provide
technical advice and assistance to government off ices and agencies regarding
personnel administration such as but not limited to examination an placement,
career development, appointments, filing/resolution of legal cases, audit, and
other functions delegated by the Commission.

SEC. 36. The Internal Audit Service. - The Internal Audit Service (lAS)
shall oversee the periodic evaluation of existing methods and procedures,
including financial systems, in the Commission and on the basis of such,
formulate plans and programs relative to fiscal discipline, and management
improvement and productivity of the Commission.

Chapter 3. The Career Executive Service

SEC. 37. The Career Executive Service. - A strong, stable, competent,

well trained and highly motivated corps of career public managers that will
provide effective support to national development shall constitute the Career
Executive Service (CES). Entry and advancement in the CES shall be based on
merit and fitness whiCh shall include integrity, demonstrated managerial and
executive competence, leadership and interpersonal qualities, technical expertise
and other pertinent qualifications.

The CES shall be governed by a separate merit system characterized by

rank rather than position; compensation based on rank and advancement to a
higher rank on the basis of executive and technical expertise.

SEC. 38. Membership. - A person who meets l?uch managerial

experience, executive competence, and other requirements prescribed by the
Commission through the CESB, shall be conferred appropriate rank and shall be
included in the register of Career Executive Service Officers (CESOs).

SEC. 39. Career Executive Service Board. - The Career Executive

Service Board (CESB) shall be an attached agency of the Commission. It shall
be responsible for the development, maintenance and administration of the
Career Executive Service.

SEC. 40. Composition of the Career Executive Service Board. - The

CESB shall be composed of the following: the Chairperson of the Commission as
Chairperson; the President of the Development Academy of the Philippines, ex-
officio member; the Dean of the University of the Philippines-National College of

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•

Public Administration and Governance, ex-officio member; the president or duly

designated representative of a nationwide association of career executive service
officers; the president or duly designated representative of a nationwide
association of personnel managers; and, two (2) other members who shall be
appointed by the President of the Republic, and one of whom must be a retired
CESO, both with terms of three (3) years.

Members of the CESB shall be provided with per diems and allowances
as determined by the Commission.

SEC. 41. The Career Executive Service Secretariat. - The Career

Executive Service Board (CESB) shall be assisted by the Career Executive
Secretariat. It shall be headed by an Executive Director and assisted by a Deputy
Executive Director both of whom shall be appointed by the CESB, and shall be
responsible for the implementation of the policies, rules, regulations, decisions,
directives of the CESB.

SEC. 42. Rank Classification of Members of the Career Executive

Service. - Members of the CES shall be classified according to rank based on
their personal proven competence, qualifications, broad levels of responsibility
and other relevant considerations as determined by law and rules of the Board.

SEC. 43. Confernment of Appropriate Rank in the CES. - Conferment

of appropriate rank in the CES shall be made by the President upon
recommendation of the CESS. The issuance of appointments to appropriate
ranks shall be made by the department or agency heads.

SEC. 44. Personnel Mechanisms. - The CESS shall develop policies,

design standards and personnel mechanism for the Career Executive Service.

SEC. 45. Compensation. - Members of the CES shall be compensated

according to rank in accordance with the CES compensation plan and shall be
provided with attractive salaries, fringe benefits and reasonable allowances to be
paid by the employing agency. A CESO assigned to a CES position shall enjoy
an added premium based on his/her rank and shall be granted a higher premium
as his/her rank increases. However, in case a CESO occupies a CES position
not appropriate to his/her rank, said officer shall receive the higher
compensation. In no case shall a CESO receive compensation lower than that
corresponding to the rank.

SEC. 46. Mobiility - CESOs may be assigned to any CES position.

SEC. 47, CES Resource List. - The CESB shall establish aCES
resource list drawn from CESOs who may be cross-posted in various agencies to
undertake special works or unique assignments within a specified timeframe,
without diminution of compensation.

The CESS shall institutionalize systems for the promotion of core values in
the CES, career development of its members, including posting and mobility.

CESOs who may be involuntarily separated from their aSSignments shall,

as far as practicable, be given new aSSignments commensurate to their
qualifications.

SEC. 48. Administration of a Compensation Plan. - The CESS shall

prepare, administer and periodically review a compensation plan for the CES, to
maintain the high standard of public service and the quality of officers in the CES.

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 Salaries, allowances and other benefits of CES officers shall be provided
by the employing agency at rates in accordance with the CES Compensation
Plan.

SEC. 49. Security of Tenure. - CESOs shall enjoy performance- based

security of tenure and shall not be removed from service except for cause and
after due process ..

SEC. 50. Discipline. - Investigation and adjudication of administrative

complaints against members of the CES shall be governed by the provisions of
this Code. .

SEC. 51. Career Undersecretary and Assistant Secretary. - At least

fifty percent (50%) of the total number of positions of Undersecretary and
Assistant Secretary shall be career with each level accordingly represented.

The President shall appoint CESOs to both career and non-career

Undersecretary and Assistant Secretary positions.

Assignments to CES positions lower than assistant secretaries shall be

made by the head of agency or the appointing authority concerned and such
shall be subject to the approval by the commission.

BOOK II. PERSONNEL POLICIES AND STANDARDS

Title I - On Employment

Chapter I. Recruitment

SEC. 52. Policy. - Recruitment in the civil service system shall be made
on the basis of merit and fitness to perform the duties and assume the
responsibilities of the position, to be determined as far as practicable by
competitive examination administered by the Commission. Every Filipino citizen
shall have equal access to or opportunities for public service regardless of
among others, religious belief, color, sex, sexual-orientation, regional origin or
ethnic affiliation. Measures shall be adopted to include qualified members of
indigenous cultural communities, and other minority groups and differently-a bled
persons for recruitment and selection.

SEC. 53. Kinds and Frequency of Civil Service Examinations. -

Examinations may be written, oral, physical, testimonial based on performance or
skills or a combination of these types. Examinations may take into consideration
experience, education, aptitude, capacity, knowledge, character, physical fitness
and other attributes of the applicant as may be determined by Commission.

The Commission shall administer competitive examinations for all levels in

the career service and grant corresponding civil service eligibilities to passers of
the same.

The Commission shall conduct civil service examinations as often as the

exigency of the service requires. Civil service special examinations may be
conducted upon request of a particular department or agency, subject to rules
and regulations promulgated by the Commission.

SEC. 54. Qualifications of Applicants to Civil Service Examinations. -

Admission to civil service examinations shall be limited to citizens of the

15
Philippines who satisfactorily meet the requirements prescribed by the
Commission.

SEC. 55. Rating of Examination Papers and Civil Service Eligibility. -

Unless otherwise prescribed by the Commission, every examinee who obtains a
general rating of at least eighty (80) percent shall be granted civil service
eligibility.

SEC. 56. Simultaneous Release of Examination Results. - The results

of an examination held in various locations on the same date shall be released
simultaneously.

SEC. 57. Registers of Civil Service Eligibles. - The Commission shall

maintain a register of qualified eligibles for each category of examination actually
available for appointment. The register shall be the basis for certification and
appointment in the civil service system.

SEC. 58. BAR or Board Examinations as Eligibility. - Successful

examinees of bar or board examinations requiring completion of baccalaureate
degrees or courses requiring not less than seventy-two (72) units of COllegiate
subjects or its equivalent as well as those registered under their respective
boards to practice their professions without examinations, shall automatically be
considered civil service eligibles. Their eligibilities shall be effective upon the
release of the examination results or the date of the registration, as the case may
be, by the Supreme Court or the Professional Regulation Commission.

SEC. 59. Effectivity and Imprescriptibilify of Civil Service Eligibility. -

Eligibilities resulting from civil service, bar or board examinations shall be
effective on the date of the release of examination results. Other eligibilities
granted by the Commission shall be effective on the date of the grant.

Civil service eligibilities shall be imprescriptible.

SEC. 60. Invalidation of Civil Service Examination Results. - The

Commission shall have the authority to invalidate civil service examination results
based on statistical improbability and other forms of irregularity as determined by
the Commission.

SEC. 61. Responsibilities in the Conduct of Examinations. - The

Commission may call upon all departments and agencies to extend the
necessary support and assistance, and to make available such personnel,
buildings, transportation, communication and such other facilities, that may be
needed in the administration of the examinations.

SEC. 62. Printing, Storage, Transportation and Distribution of

Examination Materials. - The printing, storage, transportation and distribution of
examination materials shall be under the exclusive supervision and control of the
Commission. The Commission shall determine and provide the necessary
security measure& for this purpose.

SEC. 63. Examining Committees, Examiners and Investigators. - The

Commission may deputize persons to act as members of examining committees,
examiners or investigators to perform such duties as the Commission may
require. In the performance of such duties, they shall be under the exclusive
control and supelVision of the Commission. Such persons so deputized may be
given allowances or per diem for their services to be paid out of funds allocated
for the particular examination and at a rate to be determined by the commission.

16
Expenses for specialized examinations shall be allocated by the requesting
department or agency.

Chapter 2. Selection and Appointment

SEC. 64. Selection Process. - Each department or agency shall evolve

its own selection in accordance with the standards and guidelines set by the
Commission.

A Personnel Selection Board for all levels shall be established in each

department or agency to assist the appointing authority in the judicious
evaluation and selection of personnel. The board shall be established in
accordance with standards and guidelines set by the Commission.

SEC. 65. Requisites for Appointment. - Employment in the government

service shall be made through appointment in accordance with the provisions of
the Constitution, this Code, other laws and the rules and standards prescribed by
the Commission.

SEC. 66. Merit and Fitness in Appointment - Appointment in the civil

service system shall be made only according to merit and fitness to be
determined, as far as practicable, by competitive examination, except to positions
which are policy determining, primarily confidential or highly technical.

SEC. 67. Who May Appoint - Appointment in the civil service system
shall be issued only by those authorized by the Constitution or by law including
those appointed in an acting capacity. Those who are designated cannot
exercise the power to appoint.

SEC. 68. Qualifications for AppOintment. - Appointment in the civil

service system shall be limited to citizens of the Philippines who are at least
eighteen (18) years of age and who meet the qualifications and none of the
disqualifications prescribed for the position.

SEC. 69. Effectivity of Appointment. - An appointment shall take effect

immediately upon its issuance by the appointing authority. If the appOintee has
assumed the duties of the position, he/she shall be entitled to receive salary at
once without awaiting the approval of his/her appointment by the Commission.
Such appointment cannot be withdrawn or cancelled by the appointing authority
and shall remain in full force and effect unless disapproved by the Commission.
However, an appointment issued through fraudulent means or in violation of law,
shall be void from the beginning.

In the case of temporary appointment, the twelve (12) month period of its
effectivity shall be reckoned from the date of issuance of the appointment and not
from the date the appointee assumes the duties of the position.

No public officer or employee shall allow a person to render service

without a copy of the appointment duly issued by the appointing authority. Those
who allow such service in violation of this Section shall be personally liable for
the salaries of the person concerned. Moreover, the services rendered by the
said person shall not be credited as government service.

If the appointee does not assume office within thirty (30) days from date of
receipt of approved appointment, said appointment shall be deemed
automatically cancelled.

17
 If the appointee is not allowed to assume office by the appointing authority
in spite of the Commission's approval of the appointment, the appointing
authority shall be held liable for contempt of the Commission. This is without
prejudice to his liability under RA 3019 (Anti-Graft and Corrupt Practices Act) and
other criminal and administrative sanctions.

SEC. 70. Appointment Form. - An appointment shall be issued in the

form prescribed by the Commission.

SEC. 71. Submission of Appointments and Oaths of Office. - All

appointments in the civil service system, except those issued by the President
and those of the Armed Forces of the Philippines, shall be submitted to the
Commission for approval not later than thirty (30) days from the date of issuance
thereof. Such approval shall be indicated below the Signature of the appointing
authority; otherwise, it shall be made effective thirty (30) days prior to the date of
submission to the Commission.

Copies of appointments and oaths of office of those appointed by the

President shall be submitted to the Commission for record purposes.

SEC. 72. Merit Promotion Plan - Each department or agency shall

establish a Merit Promotion Plan, in accordance with standards and guidelines
prescribed by the Commission.

SEC. 73. Appropriate Civil Service Eligibility. - Appropriate civil service

eligibility shall be required for permanent appointment to positions in the career
service in accordance with the standards set by the Commission. Whenever
there is a qualified civil service eligible willing and actually available for
appointment, no appointment shall be issued to a person who is not eligible,
even in temporary capacity. However, a temporary appointment may be issued to
eligibles who lack any of the other requirements for appointment or, to non-
eligibles who meet all the other mandatory requirements for a particular position.

A person with a civil service eligibility acquired by passing an examination

shall be qualified for a position requiring a lower level eligibility if he/she
possesses the other requirements for appointment to such position.

SEC. 74. Qualification Standards - Qualifications standards shall be

used: (a) as a basis for civil service examinations for positions in the career
service; (b) as a guide in appointment and other personnel actions; (c) in the
adjudication of protests against appointment; (d) in determining training needs;
and (e) as an aid in inspection and audit of the agencies' personnel work
program.

Qualification standards shall be administered so as to continually provide

incentives to public officers and employees towards professional growth.

The establishment, administration and maintenance of qualification

standards shall be the responsibility of the department or agency concerned, as
promulgated by the Commission.

Chapter 3. Status of Appointment

SEC. 75. Appointment Status. - The status of an appointment shall be:

18
(a) Permanent - an appointment issued to a person who meets all the
qualification requirements of the position. In no case shall a person who
meets all the requirements for permanent appointment be issued a
temporary appointment except to occupational groups of positions
requiring additional or special qualifications, in which case, prior
clearance to issue temporary appointment shall first be secured from the
Commission. In case an appointment is erroneously issued, the
Commission shall make the necessary rectification.

Whenever there is a qualified civil service eligible willing and

actually available for appointment as certified by the Commission, a non-
eligible shall not be appointed even in a temporary capacity to any vacant
position in the career service.

(b) Temporary - an appointment issued to a person who does not meet

eligibility or any of the other qualification requirements of the position:
Provided, that there are no qualified eligibles willing and actually available
for appointment and that the appointment shall not exceed twelve (12)
months.

A temporary employee shall not be removed except for cause

during the one (1) year period; Provided, that he/she may be replaced at
any time within the same period, only by a qualified civil service eligible. In
the latter case, the appointing authority shall recall the temporary'
appointment and appoint the qualified civil service eligible.

(c) Substitute - an appointment issued to a person who has all qualifications

for permanent appointment but shall occupy a temporary vacancy while
the regular occupant thereof is on an approved leave of absence for at
least one (1) month, on a scholarship grant, on secondment, out on
official business, or is unable to perform the duties for at least a month.

(d) Coterminous - an appointment issued to a person whose entrance and

continuity in the service is: (1) based on the trust and confidence of the
appointing authority or of the head of the organizational unit where
he/she is assigned; (2) limited by the duration of the project; or (3) co-
existent with the life span of the agency or office created.

(e) Contractual - an appointment issued to a person for services in

accordance with a special contract to undertake a specific work requiring
special or technical skills unavailable in the employing agency, to be
accomplished within one year. The contractual employee shall perform
the specific work under his/her own responsibility with minimum direction
and supervision from the hiring agency. No contractual appointments
corresponding to plantilla positions shall be issued.

(f) Casual - an appointment issued to a person for services in an emergency

or during a peak work period to positions which do not have regular items
in the plantilla of personnel of the department or agency. A casual
appointment shall not exceed twelve (12) months.

Casual employees who have been in the service for an aggregate

of three (3) years who meet all the qualification requirements of eXisting
staffing pattern positions shall be absorbed as regular employees in
accordance with the budgetary limitations set by law and rules to be
promulgated by the Commission.

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 (g) Provisional - an appointment issued to a teacher who meets all the
requirements of the position except the eligibility but shall not exceed
twelve (12) months.

In no case shall temporary, provisional, contractual and casual

appointments exceed an aggregate number of three (3) years in the same
position except in meritorious cases as determined by the Commission.

SEC. 76. Job Orders/Contract of Services and Consultancy - The

appointing authority may enter into service contracts such as job orders/contract
of services and consultancies wherein no employer-employee relation exists,
which contract shall be submitted to the Commission within thirty (30) days from
execution of the contract for monitoring and record purposes.

SEC. 77. Rationalizing Casual, Contractual Services, Consultancy

and Job Orders/Contract of Services. - The Commission shall formulate
policies in order to systematize and rationalize the hiring and expenditures for
conSUltancy, casual and contractual services.

Chapter 4. On Personnel Actions

SEC. 78. Personnel Action. - denotes the movement of personnel within

the civil service system. It shall include original appointment, promotion, transfer,
reinstatement, reemployment, reappointment, renewal, change of status,
upgrading, or reclassification, demotion and other related action. Personnel
actions in accordance with the rules, standards and regulations promulgated by
the Commission.

A vacancy may be filled up by any of the following personnel actions:

original appointment, promotion, transfer, renewal, demotion, reemployment, and
reappointment.

SEC. 79. Original Appointment. - refers to the initial entry into the career
service or non-career service.

The appointee shall undergo a probationary period of six (6) months

during which he/she shall undergo a thorough assessment of his/her
performance and conduct.

Notice of such adjustment or movement shall be submitted to the

Commission within thirty (30) days from issuance thereof.

Except for secondment, the following personnel movements do not require

the issuance of appointments but shall require office orders:

(a) Reassignment - is the movement from one organizational unit to another

in the same department or agency, without reduction in rank, status or
salary of the employee. Reassignment from the official workstation without
the written consent of the employee shall not exceed one (1) year.
Otherwise, the reassignment shall be illegal.

Reassignment which results in demotion in rank, status or salary or

which exceeds one year without the consent of the public officer or
employee may be appealed to the commission. Pending the appeal,
reaSSignment of the public officer or employee shall be held in abeyance
until resolved by the Commission.

20
 Reassignment of low-salaried employees should not result in
economic dislocation.

(b) Detail - is the temporary movement of a public officer or employee from

one department or agency to another without the issuance of an
appointment but with the consent of both the mother and receiving
agencies and shall be allowed only for a minimum period of one year;
otherwise, the consent of the public officer or employee concemed shall
be necessary. Detail shall (lot result in reduction in rank, status or salary.

Detail which results in demotion in rank, status or salary or which exceeds

one year without the consent of the public officer or employee may be appealed
to the commission. Pending the appeal, detail of the public officer or employee
shall be held in abeyance until the decision of the Commission.

The detailed employee shall carry his/her regular position in the mother
agency and continue to receive his/her salary from the mother agency.

(c) Job Rotation - is the sequential movement of an officer or employee from

one office to another or from one division to another within the same
agency as a means for developing and enhancing the potentials of people
in an organization by exposing them to the other work functions of the
agency. It shall be allowed only for a maximum period of one (1) year.
However, job rotation exceeding one (1) year may be allowed with the
consent of the officer or employee, any extension of which may be allowed
with the consent of the officer or employee concerned.

(d) Secondment - is the movement of a public officer or employee from one

department or agency to another upon mutual concurrence between the
mother agency, the receiving agency and the employee concerned which
should be covered by a Memorandum of Agreement (MOA) in accordance
with the guidelines that the Commission may promUlgate. It is temporary
in nature which may involve the same, reduction or increase in
compensation and mayor may not require the issuance of an
appointment. The seconded employee shall be on leave without pay from
the mother agency and shall be entitled to the compensation of the
position to which he/she was seconded in the receiving agency unless
otherwise specified in the MOA, the receiving agency shall shoulder all the
benefits and emoluments of the seconded employee.

(e) Designation - is the imposition of additional duties to be performed by a

public officer or employee which is temporary in nature and shall be
allowed only for a maximum of one (1) year. The choice of who shall be
the public officer or employee to be designated shall pass through regular
Promotion and Selection Board (PSB) proceedings; Provided, that next-in-
rank public officers or employees shall be designated to the next higher
position; Provided further, that there are no qualified next-in-rank public
officer or employees in the agency who are willing and actually available
who can be appointed to the position.

The employee designated shall be entitled to the benefits accruing

to the position but shall continue to receive the salary of the position to
which he/she holds an appointment.

21
 SEC. 89. Change of Status - When a temporary public officer or
employee acquires the appropriate eligibility or becomes fully qualified to the
position to which he/she is appointed, the status of such appointment shall be
changed from temporary to permanent without issuing another appointment.
However, such change shall be reflected in the records of the Commission upon
the notification by the agency concerned.

Title II - Disputes Regarding Appointments and Other Personnel Actions

Chapter 1. Contest on Appointments and Other Non-Disciplinary Cases

SEC. 90. Who May Contest An Appointment - Any eligible qualified for
the position may contest an appointment made in favor of one who is not
qualified or whose appointment is issued not in accordance with the law.

SEC. 91. Adjudication of Contests on Appointments and Other

Personnel Actions. - All other cases on non-disciplinary actions shall be
adjudicated initially by the appointing authority, as prescribed by the
Commission.

SEC. 92. Appeals on Contests of Appointments, Personnel Actions,

and Non-Disciplinary Cases. - The decisions of heads of agencies on contests
of appointments, personnel actions and non-disciplinary cases are appealable to
the Commission. '

TITLE III - Agency Personnel Administration

Chapter 1., Inter-Agency Relations

SEC. 93. The Central Personnel Agency - The Commission, as the

central personnel agency of the government, shall promulgate rules and
regulations on personnel administration and management in the civil service
system,

SEC. 94. Responsibility for Personnel Administration - Each

department or agency shall establish a personnel office to be headed by a
Human Resource Management Officer (HRMO) who shall be responsible for the
effective implementation of personnel regulation and policies.

Employee unions and organizations shall be consulted and represented in

the development and implementation of the agency personnel mechanisms such
as merit promotion plan, incentives and rewards program, performance appraisal
system, incentives and rewards plan, training and development plan, grievance
machinery, and occupational and health plan, in accordance with the rules and
regulations promulgated by the Commission.

SEC. 95. Council of Human Resource Management Officers. - There

shall be a Council of Human Resource Management Officers (HRMO) to be
composed of HRMOs which shall serve as a clearing-house of information to
stimUlate the use of innovative methods of personnel management and advocate
for sound personnel policies for good governance.

Chapter 2. Local Government Personnel Administration

SEC. 96. Responsibility for Local Government Personnel

Administration. - Each local government unit shall establish a personnel office

22
for the implementation of personnel regulations and policies in accordance with
the provisions of this Code, the Local Government Code, and rules, policies,
standards, guidelines and regulations promulgated by the Commission.

SEC. 97. HRMO Posifions in LGUs. - The position of HRMO shall be

immediately mandatory for provincial and city governments, and first and second
class municipalities. Third and fourth class municipalities shall create the HRMO
position within three (3) years from the effectivity of this Code. While the fifth and
sixth class municipalities shall create the same with in five (5) years.

Chapter 3. Position Classification and Compensation

SEC. 98. Position Classification and Compensation System. - The

Commission shall develop and administer the Position Classification and
Compensation System (PCCS) which shall have two parts: the Position
Classification Plan and the Compensation Plan. The Position Classification Plan
shall consist of the occupational groups and classes to which positions are to be
allocated or reallocated, and the rules and regulations for implementation. The
Compensation Plan shall consist of the salary schedule, policies relative to
salaries, allowances, bonuses, and such other benefits accruing to the public
officers and empl!;)yees of the civil service system, and the rules and regulations
for implementation.

SEC. 99. Basis for Position Classification and Compensation. - The

classification and compensation of positions in the civil service system shall be
based on similarity of kind and level of work and the determination of the relative
worth of these classes of positions.

SEC. 100. Coverage of The PCCS. - The PCCS shall apply to all
positions in the civil service system whether permanent or temporary, appointive
or elective on full or part-time basis now existing or hereafter created.

Chapter 4. Personnel Inspection and Audit

SEC. 101. Purpose. - The Commission shall conduct periodic inspection

and audit of the personnel management programs of each department and
agency to provide advice and assistance in the development of constructive
policies, standards and procedures to improve all areas of personnel
management.

SEC. 102. Scope. - The inspection and audit of the personnel

management programs may include the following:

(a) Organization and personnel management;

(b) Formulation, issuance and implementation of personnel policies;
(c) Recruitment and selection of employee;
(d) Personnel action and employment status;
(e) Career and employee development;
(f) Performance evaluation systems;
(g) Employee suggestions and incentive award;
(h) Employee relations and service;
(i) Discipline;
U) Personnel records and reporting;
(k) Program evaluation; and
(I) Employee organization.

23
 SEC. 103. Submission of Audit Reports. - The Commission shall regularly
submit its personnel audit reports to the units concerned, heads of departments,
Office of the President and the Legislature.

BOOK III. HUMAN RESOURCE MANAGEMENT

Title I - Human Resource Development

Chapter 1. Policy on Human Resource Development

SEC. 104. Policy. - There shall be an integrated program on human

resource development for all levels and ranks in the civil service system that shall
provide equal opportunities for career development.
The Commission shall encourage all departments and agencies to
develop and implement human resource development plans and programs to
include, among others, training and development, performance appraisal and
incentives and rewards for their personnel in accordance with Commission
policies and standards.

Chapter 2. Training and Development

SEC. 105. Training and Development System. - The Commission shall

promote opportunities Jor training in skills enhancement and capability-building
programs, local and foreign scholarships, and other educational opportunities.

SEC. 106. Commission's Responsibilities for Training and

Development. - The Commission shall be responsible for the development,
administration and evaluation of government-wide training programs on public
personnel administration, and shall issue the appropriate rules and regulations
for the said training and development programs.

SEC. 107. Responsibilities for Local and Foreign Scholarships. - The

Commission shall have the responsibility to administer service-wide local and
foreign scholarship programs. It shall 'also develop policies, standards,
procedurals and guidelines for the effective, efficient and equitable distribution of
all scholarship grants. However, foreign scholarship grants which are part of the
overseas development assistance (ODA) shall be administered by an Inter-
agency Committee co-chaired by the Commission and the National Economic
and Development Authority.

SEC. 108. Inter-Agency Scholarship Committee. - The inter-agency

scholarship committee shall be co-chaired by the Chairperson of the Commission
andby the Director General of the National Economic and Development Authority
(NEDA). The Committee Secretariat shall be based at the NEDA. The following
agencies or their duly designated representatives who hold positions not lower
than that of assistant secretary or its equivalent shall constitute the members:

(a) Department of Foreign Affairs;

(b) Department of Education;
(c) University of the Philippines;
(d) Commission on Higher Education; and the
(e) Presidential Management Staff-Office of The President.

SEC. 109. Agency Responsibilities for Training and Development. -

Each department or agency shall be responsible for the development,
implementation and evaluation of its training and development plan as well as its

24
gender and development plan in accordance with policies and standards
promulgated by the Commission.

To carry out these responsibilities, each agency shall establish its own
Personnel Development Committee pursuant to the rules and regulations
promulgated by the Commission.

SEC. 110. Technical Assistance Consultative Services. - The Commission

shall provide technical assistance and consultative services to all departments
and agencies in the development, administration and evaluation of their human
resource development programs:

The Commission may also avail of advisory assistance from its accredited
training institutions, professional organizations, public sector unions, federations,
confederations and non-government organizations (NGOs) in connection with its
human resource development policies and programs.

Chapter 3. Performance Appraisal

SEC. 111. Performance Appraisal System. - The Commission shall

promote the establishment of a Performance Appraisal System (PAS) for all
appointive public officers and employees which shall be the basis for incentives,
rewards and recognition, training and development, personnel actions, and
administrative sanctions in all departments and agencies.

SEC. 112. Performance Appraisal Plan. - Each department or agency,

shall develop and use one or more appropriate Performance Appraisal Plans
(PAP) for the various groups of positions therein.

All performance appraisal plans shall be in accordance with policies,

standards and guidelines prescribed by the Commission.

Chapter 4. Incentives and Awards

SEC. 113. Rewards System. - The Commission shall promote the

establishment of a rewards system in the department and agencies. It shall
include incentives, commendation and awards. The rewards system shall be
granted individually or in groups, for outstanding performance, exemplary
conduct on the job, inventions, ideas or suggestions, superior accomplishments
and other extraordinary acts or services in the interest of the public.

The Commission shall evaluate the implementation of the rewards system

in all departments and agencies.

SEC. 114. Merit and Rewards Plan. - Each department or agency shall
develop a merit ahd rewards plan appropriate for its officers and employees in
accordance witf:l policies and standards promulgated by the Commission.

TITLE II - Personnel Relations in the Civil Service System

Chapter 1. Personnel Relations

SEC. 115. Declaration of Policy. - The Commission shall provide

leadership and assistance in developing personnel relations programs in the civil
service system in consultation with public officers and employees and/or their
organizations with their respective departments and agencies.

25
 The head of a department or agency shall be responsible for an effective
personnel relations program in the department or agency.

SEC. 116. Grievance Machinery. - Each department or agency of the

Government, with the assistance and approval of the Commission shall establish
and administer a grievance machinery to promote wholesome and desirable
relations among.employees and between employees and management.

Employees shall have the right to have their grievances adjudicated as

expeditiously and as fairly responsible.

A grievance may be filed by aggrieved employees or by the employee

organization to which they belong in accordance with the guidelines issued by
the Commission.

SEC. 117. Right to Organize. - Government employees may form, join or

assist employee organizations of their own choice for the furtherance and
protection of their interests. Government employees may also form, in
conjunction with appropriate government authorities, employee management
committees, work councils and other forms of employee participation schemes. I

However, uniformed personnel of the Philippine National Police (PNP),

Bureau of Fire Protection (BFP) and Bureau of Jail Management and Penology
(BJMP), cannot form or join rank-and-file employee organizations for purposes of
collective negotiations.

Public officers and employees whose functions are primarily managerial or

confidential in nature cannot form or join employee organizations for purposes of
collective negotiations .

.SEC. 118. Protection of the Right to Self-Organization. - Government

employees shall not be discriminated against by reason of their membership in
employee organizations or participation in the normal and legitimate activities of
such organizations. Employment in the civil service system shall not be subject to
the condition that the individual shall not form or join any employee's
organizations.

Management shall not interfere in the establishment and administration of

government employee organizations.

Chapter 2. Employee Organization

SEC. 119.. Registration of Rank-and-File Employee Organization -

Rank-and-file employee Organizations shall register with the Commission in
accordance with the implementing guidelines to be promulgated by the
Commission.

SEC. 120. Sole and Exclusive Employee Organization. - The duly

registered employee organization in an agency that' has the support of the
majority of the total rank-and-file employees, shall be accredited by the
Commission as the sole and exclusive employee representative. In cases when
there are two (2) or more registered employee organizations in an agency, the
Commission, upon petition, shall conduct a certification election and shall certify
the employee organization who garnered the majority' vote as the sole and
exclusive representative of the rank-and-file employees in the said agency.

26
 For this purpose, an agency shall refer to an office which has its own
budgetary allocations as provided for in the General Appropriations Act,
specifically its Table of Contents.

SEC. 121. Accreditatiol1 of Employee Federation in An Agency. -

Registered employee organizations within a given agency may federate and shall
be accredited as the sole and exclusive bargaining representative of the
employees; Provided, its aggregate total membership constitute the majority of
the total rank-and-file employees in the agency.

SEC. 122. Collective Negotiations. - Except those that are fixed by law,
terms and conditions of employment in the government service may be the
subject of collective negotiations between duly accredited employee
organizations and the appropriate government authorities.

Collective negotiations agreement shall be registered with the

Commission.

Chapter 3. Settlement of Disputes

SEC 123. Definition of terms. - For purposes of this Code, the following
terms shall be defined as follows:

A. Arbitration - refers to the process whereby a third party (individual

arbitrator), board of arbitrators, or an arbitration court not acting as
a court, is empowered to make a decision which disposes of the
dispute.

1. Voluntary - a method of settling dispute/s where both parties

agree to submit the dispute before an arbitrator or panel of
arbitrators chosen by both parties. The voluntary arbitrators
shall render a decision after proper hearing of the issues. The
decision of the arbitrator shall be fined and binding on the
contending parties.
2. Compulsory - ~ method resorted to when the dispute has
become hardened and irreconcilable and remains unresolved
after exhausting all the available remedies under existing laws
and procedures.

B. Conciliation - refers to the process whereby a third party

(conciliator) brings the disputing parties together, encourages them
to discuss their differences and assists them in developing their
own proposed solutions.

C. Medi~tion - refers to the process which by a third party (mediator)

is more active in assisting the disputing parties reach acceptable
solutions to the problem/s and help them develop or come out with
an acceptable solution. The mediator may submit proposal's for the
settlement of dispute.

SEC. 124. Settlement of Disputes Within An Agency. - Disputes within

employee organizations, between and among employee organizations, and
between employee organizations and management shall be settled through
conciliation, mediation and arbitration. The Commission shall be responsible in
providing conciliation and mediation services. In case any dispute remains
unresolved, the Commission shall certify the same to the Public Sector Labor

27
Management Council (PSLMC), which shall resolve and settle it within the period
of sixty (60) day's from receipt thereof.

However, the parties may opt to submit the issue for voluntary arbitration,
the decision of which shall be final and unappealable.

Chapter 4. Public Sector Labor-Management Council

SEC. 125. Public Sector Labor Management Council (PSLMC). -

Public Sector Labor-Management Council (PSLMC) is hereby constituted to be
composed of the following:
(a) Chairperson, Civil $ervice Commission - Chairperson;
(b) Secretary, Department of Labor and Employment - Vice
Chairperson
(c) Secretary, Department of finance - Member;
(d) Secretary of Justice - Member;
(e) Secretary, Department of Budget and Management - Member; and
(f) One (I) employee representative each from the National
Government Agencies (NGAs), the Government-owned and
Controlled Corporations (GOCCs), the Local Government Units
(LGUs), and the State Colleges and Universities (SUCs), to be
chosen by the employee organizations concerned.

The ex-officio members may designate their permanent alternates who

hold positions not lower than an assistant secretary or its equivalent.

The employee representatives, who may also designate their permanent

alternates, shall serve for a term of two (2) years or until their successors shall
have been appointed or elected. In no case, however, shall anyone of them
serve under holdover capacity for more than one (1) year.

The PSLMC may deputize public officers and employees of the

Commission and of other departments and agencies to investigate and hear
cases brought before it for arbitration. It may likewise deputize any national or
local law enforcement agency or instrumentality of the government which shall
act under its direct and immediate supervision, to enforce and execute its
decisions, orders, and rulings.

The PSLMC shall implement and administer the provIsions of this

Chapter. For this purpose, the PSLMC shall promulgate the necessary rules and
regulations to implement this Chapter.

SEC. 126. Original and Exclusive Jurisdiction of the PSLMC - The

PSLMC shall have original and exclusive jurisdiction to hear and decide the
following cases:

(a) Unfair public sector labor and management practice;

(b) Representation issue;
(c) Disputes arising in the course of the conduct of collective negotiations;
(d) Disputes on issues resulting from the implementation of the grievance
machinery;
(e) Determination of the presence or absence of a strike;
(f) Inter-employee organization dispute;
(g) Intra-employee organization dispute;
(h) Employee organization election of officers;

28
 (i) Disputes on issues resulting from the implementation of the provisions of
Collective Negotiations and Agreement; and
U) Other analogous acts as may be determined by the PSLMC.

These cases may be referred to the PSLMC by any of the parties to the
dispute or the PSLMC may motu proprio, take cognizance of the same whenever
the interest of the service so demands.

When the main issue of a particular case is the consequence of a strike or

other concerted activities and the PSLMC has already assumed jurisdiction over
the same, no administrative or disciplinary action shall be instituted by the
agency concerned against any employee involved therein until the final resolution
of the case.

SEC.127. Unfair Public Sector Labor and Management Practice. - The

following shall constitute unfair public sector labor and management practice on
the part of the agency:

(a) Interfering with, restraining on coercing employees in the exercise of their

right to self-organization;
(b) Requiring as a condition of employment that an employee shall not form
or join an employee organization or shall withdraw from one to which
he/she belongs;
(c) Discriminating in regard to work schedules, places of assignment and
other terms and conditions of employment in order to encourage or
discourage membership in any employee organization;
(d) Terminating the services or discriminating against any employee for
having signed or filed an affidavit, petition or complaint or given any
information or testimony against the head of the agency or members of
top management;
(e) Refusing to collectively negotiate in good, faith with the accredited
employee organization;
(f) Violating any of the prOVisions of the Collective Negotiation Agreement;
and
(g) Other analogous acts as may be determined by the PSLMC.

The following shall constitute unfair public sector labor and management
practice on the part of the employee organization:

(a) Restraining or coercing any employee to form or JOin an employee

organization or its activities. Employee organization shall have the right
to prescribe its own rules on the acquisition or retention of membership;
(b) Causing or attempting to cause the agency head or other officers to
discriminate against an employee who has not joined or has withdrawn
membership from the employee organization;
(c) Refusing to collectively negotiate on good faith with management;
(d) Violating any of the provisions of the Collective Negotiation Agreement;
and
(e) Other analogous acts as may be determined by the PSLMC.

The heads of offices and the other officers of the agency as well as officers
and members of an employee organization, who participate in or authorize an
unfair public sector labor and management practice shall be held administratively
liable and shall be imposed a fine of not less than Pi0,OOO.OO, or suspension not
exceeding one year, or both for such participation or grant of authority without
prejudice to civil and criminal liability.

29
 SEC. 128. Writ of Preliminary injunction or Temporary Restraining
Order. - The PSLMC, after notice and hearing, may issue a writ of preliminary
injunction or temporary restraining order which shall not last for more than twenty
(20) days from issuance thereof when, on the basis of the allegations in the
petition, it is established that the acts complained of involving or arising from any
employee-management dispute, if not restrained or performed immediately, may
cause grave or irreparable injury to any party or render ineffectual any decision of
the PSLMC in favor of such party.

The PSLMC shall require the petitioner to post a bond and the writ of
preliminary injunction or temporary restraining order shall become effective only
upon the approval of the bond which shall answer for any damage that may be
suffered by the party enjoined if it is finally determined that the petitioner is not
entitled to the ancillary relief prayed for.

SEC. 129. Grounds for Contempt, - The PSLMC may cite a person for
contempt on any of the following grounds:

(a) Disobedience or resistance to a lawful order, decision, ruling, summons

or subpoena or any other issuance of the PSLMC; or

(b) Unlawful interference with the proceedings of the PSLMC, improper

conduct tending directly or indirectly to impede, obstruct, delay or hamper
the implementation of any order, decision or ruling of the PSLMC.

The person so cited for contempt whether direct or indirect shall be punished
by a fine of not more than P1,000.00 for every act of contempt. Each day of
defiance or disobedience or non-enforcement of any issuance of the PSLMC as
mentioned shall constitute separate acts of contempt of the PSLMC.

SEC. 130. PLSMC Decision - Decisions of the PLSCM are final and
executory unless a motion for reconsideration is filed by the aggrieved party
within fifteen (15) calendar days from receipt of the decision and only on the
basis of palpable or patent errors. The PSLMC shall not entertain any second
motion for reconsideration. Decisions of the PSLMC may be elevated to the
Court of Appeals.

Chapter 5. The Right to Strike

SEC. 131. Right to Engage in Strike. - The right of the duly accredited
employee organization to strike, consistent with national interest and public
service, shall be recognized and respected: Provided, the striking organization
shall ensure an effective skeletal workforce whose movement and services shall
not be hampered or restricted .as are necessary to guarantee the proper and
adequate delivery Of public service.

In view of the peculiar character of public service and considering that

public office is a public trust, the right of employees to strike may be allowed only
as a last resort and subject to the limitations herein provided.

SEC. 132. Who Can Strike. - Rank and file employees of the agency
where the accredited employee organization belongs may join the strike subject
to the provisions of this code. Employees will join the strike not be entitled to to
payment of salary for the period that they are on strike.

30
 SEC. 133. Government Employees Who are Prohibited to Strike. -
The following are not allowed to strike due to exigency in public service, public
safety and national interest:

(a) Defense and security services including officers and employees belonging
to the Armed Forces of the Philippines (AFP), police, fire protection, jail
management and those engaged in the custody of prisoners and
detainees;
(b) Medical and allied services including doctors, nurses, medical therapists
and medics;
(c) Public utility services such as power and water supply, transportation, air
traffic controllers, radar and radio controllers, lighthouse keepers and
arbor pilots, and
(d) Other analogous services to be determined by the Commission taking into
consideration public service and national interest.

SEC. 134. Grounds for Strike. - A strike may be declared on the following
grounds:

(a) Unfair public sector labor and management practices committed by

management as provided for in this Code;
(b) Mismanagement or abuse of the management of the agency; and
(c) Graft and corruption.

SEC. 135. Notice of Dispute.- The existence of a dispute which may be the
ground of an impending strike must first be brought to the Commission in the
form of a notice of dispute must he in accordance "with the requirements and
procedures as maybe prescribed by the Commission which shall settle the
dispute within sixty (60) days from date of receipt of the said notice. In cases
when the parties opt for voluntary arbitration, the agreement thereof shall be final
and executory between the parties concerned.

SEC. 136. Certification to the PSLMC. - In the event the dispute is not
settled within the Sixty (60)-day period prescribed in the preceding Section or in
case of failure to arrive at a resolution of the dispute through conciliation or
mediation, the Commission shall certify the dispute to the PSLMC for settlement
and resolution.

SEC. 137. Requirement of Strike Vote and Notice to Strike. - Immediately

upon certification of the dispute to PSLMC as provided in the preceding section,
the accredited employee organization may call a vote in order to declare a strike.
The decision to declare a strike must be approved a majority vote of the total
rank-and-file employees of the agency where the duly accredited employee
organization belongs, The same shall be obtained through secret ballot in a
meeting called for the results of the strike vote and notice to strike, copy fumish
the head of agency at least thirty (30) days before the date of intended strike and
during the said 30-day period no strike shall be held. Only disputes or issues
raised in the said notice shall be the subject of the strike,

SEC. 138. Remedial Actiins by the PSLMC. - When a dispute has been
referred to the PSLMC, it shall exert all I efforts to settle the same through
various modes of dispute settlement in order to prevent the impending strike.

When there is a strike in a government agency, which affects national interest

or public service, the PSLMC may issue a return-to-work order and/or certify the
same for compulsory arbitration. A return-to-work order shall have the effect of
automatically stopping the strike.

31
 For this purpose, the contending parties are strictly enjoined to comply with
such order as are issued by the PSLMC, under pain of disciplinary action.

SEC. 139. Prohibited Activities-

(a) No dispute which occurred prior to the notice to strike, which was not
raised in the said notice, may be the subject of succeeding strikes.

(b) No person engaged in the strike shall commit any act of violence, coercion
or intimidation or obstruct the free ingress to or egress from the agency's
premises for lawful purposes or obstruct public thoroughfares.

(c) No person shall obstruct, impede, or interfere with, by force, violence,

coercion, threats, or intimidation any peaceful strike, or shall aid or abet
such obstruction or interference.

(d) No employee organization may declare a strike without first having, filed
the notice required under Sec. 137 and the necessary strike vote first
having been obtained and filed with the PSLMC.\

(e) No employee organization may go on strike without ensuring and

maintaining an effective skeletal force.

BOOK IV. PERSONNEL BENEFITS AND PRIVILEGES, DAYS AND HOURS

OF WORK AND OFFICIAL RECORDS

Title I - Personnel Benefits and Privileges

Chapter I. Health and Other Services

SEC. 140. Policy. - The health, welfare, safety and security of every
personnel in the civil service system shall be the concern of the government. To
this end, a comprehensive occupational health program including medical, dental
and other health services shall be established, maintained, and made accessible
for all personnel in the civil service system. Each department or agency shall
make provisions out of their existing budgets for personnel health, welfare,
medical and counseling services and leave benefits and promote and develop
occupational safety, sports and recreation programs and similar services.

SEC. 141. Safety and Accident Prevention. - Each department or

agency shall develop and maintain a continuing occupational safety and accident
prevention program for its personnel.

SEC. 142. Personnel Counseling - Each department or agency shall

provide personnel counseling services, including pre-retirement counseling.

SEC. 143. Personnel Recreation - Each department or agency shall

provide facilities for sports, recreational and cultural activities and shall
encourage voluntary personnel participatioh.

Chapter 2. Leave Benefits

SEC. 144. Entitlement to Leave Privileges. - Appointive personnel of the

government, whether permanent, temporary, contractual or casual as well as
elective officers, who render required number of office hours shall be entitled to

32
an annual fifteen (15)-day vacation and fifteen (15) day sick leave with full pay
exclusive of Saturday, Sundays, and public officials.

SEC. 145. Leave of Absence of Pad-time Personnel - Public officers

and employees rendering service on a part time basis are entitled to vacation
and sick leave benefits proportionate to the number of hours they served.

SEC. 146. Leave of Absence of Personnel on Rotation Basis. - Public

officers and employees on rotation basis shall be entitled to vacation and sick
leave corresponding to the length of service they rendered.

SEC. 147. Force Mandatory Vacation Leave. - All appointive and

elective public officers and employees of the government with ten (10) days or
more vacation leave credits shall be required to go on vacation leave whether
continuous or intermittent for a minimum of five (5) working days annually.

SEC. 148. Accumulation and Commutation of Leave. - Vacation and

sick leave shall be cumulative and commutative. Except for personnel covered by
special laws, commutation of leave credits shall be exclusive of Saturdays,
Sundays and holidays.

Public officers and employees whose off-days do not fall on a Saturday or

a Sunday shall have their leaves of absence computed exclusive of their off-
days.

SEC. 149. Rehabilitation Leave. - Qualified public officers and

employees are entitled to rehabilitation leave for illnesses and/ or injuries which
are job-related or which resulted from or was aggravated by their working
environment. Such leave, which should not exceed six (6) months, shall be with
full pay and benefits and shall not be charged against accumulated vacation or
sick leave credits of the personnel concerned. The cost of initial medical
expenses such emergency/paramedic services and initial ambulance or transport
services shall be borne by the agency of the public officer and employee
concerned, Substantive and long term medical expenses for therapeutic and
rehabilitation purposes shall be borne by the Philippine Health Insurance
Corporation; the Employee Compensation Commission (ECC) and the
Government Service Insurance System (GSIS) as the case may be and
whenever applicable.

SEC. 150. Teacher's Leave. - Other than those designated for continuous
duty and those covered by special charters and those covered by special
charters, school teachers in government elementary and secondary schools shall
be entitled to vacation pay. They shall be entitled to service credits for services
rendered during the vacation period, including Saturdays, Sundays, an holidays,
in accordance with the rules and regulations prescribed by the Commission.

SEC. 151. Leave of Elective Officers. - All elective officers shall be

entitled to leave credits granted to appointed officers and the cummulation and
commutation of the money value thereof.

SEC. 152. Leave Credits of Public Officers and Employees Covered

by Special Leave Laws. - The leave credits of the following personnel are
covered by special laws:

(a) Justices of the Supreme Court, Court of Appeals and Sandiganbayan;

33
 (b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial
Courts, Courts of Tax Appeals, and Sharia Circuit Credit Court; and Sharia
District Court;
(c) The Chairperson and Commissioners of the Constitutional Commissions;
(d) Filipino personnel in the Foreign Service; and
(e) Other personnel covered by special laws.

SEC. 153. Maternity Leave. - Women in the government service, of whatever

civil and employment status and regardless of length of service shall, in addition
to the vacation and sick leave granted them, be entitled to maternity leave of
sixty (60) calendar days for normal delivery and seventy-eight (78) calendar days
for delivery by caesarean section for the first four deliveries or miscarriages,

SEC. 154. Paternity Leave. - A married man in the government service shall
be entitled to paternity leave of seven (7) working days for the first four deliveries
or miscarriages of his legitimate spouse with whom he is cohabiting.

The paternity leave shall be non-cumulative and non-commutative.

SEC. 155. Adoption Leave. - Public officers and employees who legally
adopt a child below seven (7) years of age as of the date the child is placed with
them shall be entitled to adoption leave in the manner herein provided:

(a) Married individuals who are both in government shall be entitled to thirty
(30) calendar days the adoptive mother and seven (7) calendar days for
the adoptive father.
(b) Solo parents of whatever gender shall be entitled to thirty (30) calendar
days.

Availment of adoption leave shall commence from the date the child is placed
with the adoptive parents, which shall not be earlier than the date of the decree
of adoption. Adoption leave shall1 be non-commutative and non-cumulative.

SEC. 156. Parental Leave f9r Solo Parents. - In addition to leave privileges
under existing laws, parental leave of not more than seven (7) working days
every year until the child reaches the age of eighteen (18) years shall be granted
to public officers and employees who arc solo parents and have rendered service
of least one (1) year. Parental leave shall be non-commutative and non-
cumUlative.

SEC. 157. Special Leaves - Government public officers and employees,

except those covered by special leave laws, are entitled to special leaves, to
mark personal milestones and/or attend to filial (domestic responsibilities, not
exceeding an aggregate of three (3) days in accordance with to be set by this
Commission.

SEC. 158. Study Leave and Sabbatical Leave. - Qualified public officers
and employees may be granted study and sabbatical leave, subject to the rules
and regulations promulgated by the Commission.

SEC. 159. Commutation and Monetization of Leave Credits. -

Accumulated leave credits can either be commuted or monetized subject to the
rules and regulations prescribed by the Commission ..

SEC. 160. Effect of Re-employment on Commuted Leave. - Public officers

and employees whose leave credits have been commuted following their
separation from the service and where thereafter reemployed may refund the

34
money equivalent of the unspent portion of the commuted leave credits. In all
cases, leave credits start from zero balance.

SEC. 161. Transfer of Leave Credits of Appointed Personnel and

Elective Officers - When appointive public officers and employees transfer from
one entity to another, they can have their accumulated vacation and/or sick leave
credits commuted or transferred to their new office.

The second option can only be exercised bv the personnel concerned when
there are no gaps in their service. However, a gap of not more than one (1)
month may be allowed provided same is not due to the fault of the personnel
concerned.

The abovementioned options of commutation or transfer of accumulated

leave credits can also be availed by an elective officer assuming another elective
post. However, these options are not applicable to the transfer of Armed Forces
of the Philippines (AFP) uniformed personnel to civilian positions.

SEC. 162. Prescriptive Period for Transfer of Leave Credits. - The option
to transfer accumulated leave credits can be exercised within one (1) year only
from the effective date of transfer of the appointive personnel to their new office,
or to the assumption of the elective officers 'in their new post.

SEC. 163. Leave Without Pay. - In no case shall leave without pay be
granted in excess of one (1) year or if the public officer or employee concerned
still has leave credits with pay. .

SEC. 164. Terminal Leave. - Terminal leave refers to the total accumulated
leave credits of personnel, the money value of which shall be based not
necessarily on the latest salary rate but on the highest salary rate received at any
time during the period of employment in the govemment service.

Chapter 3. Retirement Benefits

SEC. 165. Payment of Retirement Benefits on the Day of Retirement.-

All personnel are entitled to receive their retirement benefits provid~d for under
existing laws on the day of their retirement. The last agency-employer shall
ensure that all the retirement documents are in order six (6) months prior to the
retirement of the said personnel. All concerned agencies of the government shall
render assistance in this regard.

All public officers and employees with pending administrative, disciplinary

cases who were eventually exonerated or cleared therefrom shall be entitled to
payment of retirement benefits immediately a day after the promulgation of the
decision .

. SEC. 166. Rate of Merest for Delay in Payment - Should the retiree,
through no fault of his/her own, fail to receive the benefits on the day of
retirement, the same shall earn interest at the prevailing rate.

The retirement benefits, of those who were eventually exonerated or

cleared from administrative, disCiplinary cases shall likewise earn interest at the
prevailing legal rate computed from the date of retirement to the date of
promulgation of the decision.

SEC.167. Liability for Delay. - Agencies or their personnel who caused

the delay in the retiree's receipt of retirement benefits shall upon complaint of the

35
retiree or the successor in interests, be liable for the payment of the interest
mentioned in the immediately preceding Section. This is without prejudice to the
filing of administrative and criminal cases against the personnel responsible for
the said delay.

Complaints against delays in the release of retirement benefits shall be

filed with the Commission within one (1) year from the date of retirement.

The Commission shall promulgate rules and mechanisms to enforce this

provision.

Title III - Official Records and Work Days and Hours

Chapter 1. Personnel Records Information System

SEC. 168. Policy. - A government records system shall be established,

administered and maintained by the Commission.
Each department or agency through its human resource management
office, shall establish, manage and maintain personnel records and statistics of
all its personnel.

SEC. 169. Records of Employment. - The Commission shall keep and

maintain official records of all elective and appointive personnel regardless of
their employment status. The Commission shall likewise maintain statistics on
their employment, accession and separation.

Chapter 2. Work Days and Hours

SEC. 170. Observance of Work Days and Hours. - It shall be the duty of
each head of agency to require all personnel to strictly observe the prescribed
office hours and to wear identification cards, nameplates or the like bearing
clearly and legibly their respective names and positions when dealing directly
with the public in the performance of their respective duties or whenever they are
within the premises of the office. When the head of agency allows government
personnel to leave the office during office hours and not for official business or
official time, the same shall be reflected in their time records and charged to their
vacation leave credits.

SEC. 171. Daily Record of Attendance. - In each head of department or

agency shall require a daily record of attendance of all personnel including those
serving in the field or on board a vessel, to be kept on the proper form and,
whenever possible, registered on the bundy clock or any mechanical, electrical,
or electronic device.

Service "in the field" or "on board a vessel" shall refer to service rendered outside
the office which is the usual place of work.

SEC. 172. Recording of Attendance by Senior Public Officers. -

Agency heads, third level positions shall record times of arrival at and times of
departure from official workstations. Absences from office shall likewise be
properly recorded in the agency.

SEC. 173. Liabilities. - Falsification or irregularities in the keeping of time

records will render the personnel concerned administratively liable without
prejudice to criminal prosecution as the circumstances warrant.

36
 SEC. 174. Four Hour Workweek Requirement. - Personnel of all
departments and agencies except those covered by special laws shall render not
less than forty (40) hours of work a week. exclusive of time for lunch. As a
general rule. such hours shall be from eight (8) 0' clock in the morning to twelve
(12) o'clock noon and from one (1) o'clock to five (5) o'clock in the afternoon. all
days except Saturdays, Sundays, and holidays, However, in the interest of the
service, heads of agencies, particularly those with frontline services, shall opt
measures to ensure that continuous service is available even during the 12:00
noon to 1:00 p.m. period

In the exigency of the service, or when necessary by the nature of the

work of a particular agency, the rescheduling or shifting of work schedule of a
particular agency for a number of working less than the required five (5) days
may be allowed by the head of agency provided that the government personnel
render a total of forty (40) hours a week and provided further that the public is
assured of continuous delivery o~ service from eight (8) in the morning to five (5)
in the afternoon for the duration of the entire workweek

SEC. 175. Flexible Working Hours. - Flexible working hours shall be

enforced subject to the discretion of the head of agency. In no case shall the
weekly working hours be reduced in the event the agency adopts the flexi-time
schedule. In the adoption of flexi-time, core working hours shall be prescribed
taking into consideration the needs of the service.

SEC. 176. Non-regular Working Hours. - A work schedule that deviates

from which is provided in Section 175 hereof or that which extends well into the
night may also be allowed upon the discretion of the head of office, the need of
the service, or the health and welfare of the personnel concerned; Provided, that
the forty (40) hour workweek exclusive of meal time, will not be reduced.

SEC. 177. Flexible Working Place. - Public officers and employees may
be allowed to work away from their official work substations subject to the
discretion of the head of agency and the nature of the functions of their pOSitions,
The Commission shall issue the rules and regulations to govern the adoption of a
flexi-work place. In no case shall the adoption thereof affect the availability and
the accessibility of government services.

SEC. 178. Persons in the Teaching Service. - All persons in the

teaching service, primary and secondary levels, are covered by the forty (40)-
hour work-week requirement and shall render not more than six (6) hours of
teaching load every school day.

SEC. 179. Performance of Duties in Excess of Forty Hours s of Those

in Special Occupational Groups. - When the nature of duties to be performed
or the interest of the public service so requires, the head of department or
agency may require any or all :of the personnel to work in excess of forty (40)
hours, on Saturdays, Sundays and public holidays, with either additional
compensation or compensatory time day-off; or the accumulation of leave
credits.

SEC. 180. Compensation for Authorized Work Beyond Forty Hours -

When the interest of public service so requires, the daily hours of work for
personnel may be. extended by the head of the agency concerned, which
extension shall be fixed in accordance with the nature of the work. Provided, that
work in excess of forty (40) hours a week must be properly compensated by
payment of overtime whenever funds are available for the purpose or through the

37
grant of compensatory time or day/s-off or through the accumulation of leave
credits.

SEC. 181. Compensatory Time of Day/s Off - Grant of compensatory

time or days/ off shall be allowed for overtime services rendered subject to the
rules to be promulgated by the Commission.

BOOK V. DISCIPLINE

Title I - Administrative Discipline

Chapter 1. General Provisions

SEC. 182. Disciplinary Action, - No public officer or employee in the civil

service system shall be disciplined, suspended or removed from office except
(for cause as provided for law and after due process. The following shall be
grounds for disciplinary action:

(a) Conduct prejudiCial to the best interest of the service;

(b) Discourtesy in the course of official duties;
(c) Disgraceful or immoral conduct;
(d) Dishonesty;
(e) Drunkenness; .
(f) Engaging directly or indirectly in partisan political activities by one holding
a non-political office;
(g) Engaging in or supporting acts of insurrection, rebellion, sedition, and
other crimes against public order as defined in Title Three, Book Two of
the Revised Penal Code and commission of crimes against national
security and the law of nations as defined in Title One, Cook Two,
Chapters One, Two, and Three of the Revised Penal Code;
(h) Engaging in prohibited activities under Section 139 of this Code;
(i) Falsification of official documents;
U) Final conviction of crime involving moral turpitude;
(k) Gambling prohibited by law;
(I) IIlega!' strike;
(m)lnefficiency and incompetence in the performance of official duties;
(n) insubordination;
(0) Neglect of duty;
(p) Nepotism;
(q) Oppression;
(r) Pursuit of private business, vocation or profession in violation of civil
service rules and regulations;
(s) Refusal to perform official duty, or unjust refusal to render overtime
service;
(t) Sexual Harassment;
(u) Tardiness;
(v) Unauthorized absences;
(w)Unauthorized use of government resources or properties;
(x) Unfair public sector labor and management practice;
(y) Unjustifiable delays in the payment of employee benefits;
(z) Violation of reasonable office rules and regulations; and
(aa) All other grounds for disciplinary action provided or may de
provided for by

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 Chapter 2. ,Disciplinary Jurisdiction

SEC. 183. Original Jurisdiction. - The heads of departments, agencies,

bureaus and instrumentalities of the national govemment, constitutional off ices,
the proper disciplining authority of state universities and colleges, government-
owned and - controlled corporations with original charter or created under special
laws, and local government units.

They shall also retain original jurisdiction over public officers and
employees who already separated from the service but who, while still in the
service committed an offense,

SEC. 184. Original Jurisdiction of the Commission. - The Commission

shall have exclusive administrative disciplinary jurisdiction over its public officers
and employees. It shall have concurrent original disciplinary jurisdiction over
public officers and employees of the departments, agencies, bureaus, state
universities and colleges, government-owned and -controlled corporations with
original charters or created under special laws, local government units.

The Commission may, motu proprio, initiate the investigation and filing of
administrative charges against public officers and employees who violate the
provisions of this Code and other pertinent civil service laws rules and
regUlations. For this purpose, the Commission shall conduct fact-finding
investigations and require through the issuance of subpoena duces tecum and
similar processes the production of government records necessary to resolve the
case,

SEC. 185. Original Jurisdiction Bureau of Department-wide, Regional

Office Head. - The heads of bureaus or department-wide regional offices shall
have disciplinary jurisdiction over offenses committed by their subordinate public
officers and employees.

Chapter 3. Procedures in Disciplinary Cases

SEC. 186. Commencement of Administrative Proceedings and

Answer

(a) Administrative proceedings may be commenced motu proprio-against a

subordinate public officer or employee by the proper diSCiplining authority or
head of department or agency or upon a sworn .written complaint of any
other person, The complaint shall be accomplished by sworn statements
covering the charges and those of the witnesses together with documentary
evidence, if any.

(b) On the basis of the sworn written complaint and supporting paper filed by
any other person, the disciplining authority shill! require the person
complained of to explain why no administrative case should be filed, If the
disciplining authority does not find a prima facie case, the complaint shall be
dismissed; otherwise, a formal charge shall be issued in accordance with
the provisions of this Code. The respondent shall be furnished with copies of
the complaint, sworn statements and other documents submitted,

(c) In administrative proceedings initiated by the disciplining authority or head

department or agency, the formal charges should be issued only after the
disciplining authority finds a prima facie case in accordance with the
provisions of this Code.

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 SEC. 187. Issuance of a Formal Charge. - The formal charge shall state
the specifications of the offense and shall require the respondent to submit an
answer in writing and under oath together with supporting sworn settlements
covering his/her defense and those of witnesses together with the supporting
documentary evidence, if any. The respondent shall be allowed at least but not
more than five (5) days from receipt of the formal charge to submit an answer
and the affidavits of the witnesses, if any, and shall be informed of his/her right to
counsel and to indicate whether or not he/she elects a formal investigation. In
cases when the respondent submits a request for clarification, a bill of particulars
or a motion to dismiss which arc obviously designed to delay the administrative
proceedings, the same shall be considered as answer.

SEC. 188. Formal Investigation. -

(a) If the respondent has elected a formal investigation, the disciplining

authority or the duly authorized representative shall conduct the formal
investigation with a notice issued within five (5) days from receipt of the
answer.

(b) Complainant and respondent may avail themselves of the services of

counsel and may require the attendance of witnesses by subpoena ad
testificandum and the production of documentary evidence through the
compulsory process of subpoena duces tecum.

(c) Even if the respondent docs not request a formal investigation, such
investigation shall be conducted when, on the basis of the allegations in
the complaint and the answer' of the respondent including supporting
documents, the merits of the case cannot be decided judiciously without
conducting such investigation.

(d) The formal investigation shall be commenced not earlier than five (5) days
not later than ten (10) days from receipt of the respondent's answer. The
investigation shall be conducted to ascertain the truth without strictly
adhering to technical rules applicable to judicial proceedings. Hearings
shall be continuously held and the investigation terminated, if possible,
within ten (10) days from its commencement, especially for grave
offences, unless the period is extended by the disciplining authority in
meritorious cases,

(e) The direct evidence for the complainant and the respondent shall consist
of the sworn statements and documents submitted in support of the
complaint or answer, as the case may be, without prejudice to the
presentation of additional evidence deemed necessary but was
unavailable at the time of the filing of the complaint or answer, upon which
cross-examination by the respondent and the complainant, respectively,
shall be based.

SEC. 189. Report of Investigation and Record of Case - The hearing

officer shall submit to the disciplining the authority the report of investigation
within ten (10) days from the termination of the investigation. The report shall
contain the findings and recommendations together with the complete record of
the case which shall be properly and securely bound, all pages numbered
consecutively, and with a table of contents.

40
 SEC. 190. Decision. - The proper disciplining authority shall render a
decision within the period and in the form Land content as provided for in this
Code.

SEC. 191. Preventive Suspension, - Notwithstanding any provision of law to

the contrary, the proper disciplining authority may preventively suspend a
respondent formally charged with dishonesty, oppression, grave misconduct,
.gross neglect in the performance of duty, if there are reasons to believe that
respondent is guilty of the charges which would warrant removal from office and
there is a great probability that the continuance in office of the respondent could
influence the witnesses or pose a threat to the safety and integrity of the records
and other evidence. In no case shall preventive suspension exceed ninety (90)
days or last for the duration of the investigation, whichever is shorter.

SEC. 192. Lifting of Preventive Suspension Pending Administrative

Investigation. - When the administrative case against the respondent under
preventive suspension is not decided by the disciplining authority within the
period of ninety (90) days after the date of suspension, the respondent shall
. automatically reinstated in the service; Provided, that when the delay in the
disposition of the case is due to the fault, negligence or petition of the
respondent, the period of delay shall not be included in computing the period of
suspension herein provided,

Chapter 4. Decision

SEC. 193. When to Render Decision - The proper disciplining authority

exercising original jurisdiction and those exercising appellate jurisdiction shall
render their decisions within sixty (60) days from the date of the submission of
the case for decision.

SEC. 194. Form and Content of Decision. - The decision, properly

designated as such and under the Signature of the proper disciplinary authority,
shall contain the charge, the name of the respondent, the position and office of
the respondent, a brief statem(:lnt of the material and relevant facts, findings,
offense committed and the penalty imposed.

SEC. 195. Service of Decision.-

(a) A copy of the decision shall be served on the complaint and the
respondent through their respective counsel, if any, within five (5) days
from its promulgation.

(b) Disciplil'1ing authorities shall furnish their superiors with a copy of the
decision'within five (5) days from the date of its promulgation.

SEC. 196. Finality of Decision.-

(a) Without prejudice to the power of review by the Commission, and its
powers to decide cases on appeal as provided for in this Code, the
decisions of the heads of departments, agencies, and instrumentalities of
the National Government and the disciplining authority of state universities
and colleges, government-owned and-controlled corporations with original
charters or created under special 'laws and local government units, shall
be final and executory, if the penalty imposed is suspension of not more
than thirty (30) working days or a fine of not more than thirty (30) working
days pay.

41
 (b) Without prejudice to the. power of review by the Commission and its
powers to decide cases on appeal provided for in this Code, the decision
of the head of the bureau or department-wide regional office shall be final
and executory. If the penalty imposed is suspension of not more than thirty
(30) working or a fine of not more than thirty (30) working days pay.

(c) The decision in a disciplinary case becomes final upon expiration of the
period within which to file a motion for reconsideration and no such motion
is filed.

SEC. 197. Execution of Decision -

(a) The decisions of heads of agencies and other disciplining authorities shall
be immediately executory upon receipt of a copy thereof by the parties
concerned, even pending appeal.

(b) Decisions of the disciplining authority in disciplinary cases shall be

immediately executory unless a motion for reconsideration is seasonably
filed, in which case the execution of the decisions shall he held in
abeyance pending resolution of the motion.

(c) The filing and pendency of petition for cefiorari with the Supreme Court
shall not stop the immediate execution of the decision of the Commission,
unless the Court issues a restraining order or a writ of preliminary
injunction. For this purpose, no other Courts can issue a temporary
restraining order or a writ of preliminary injunction against the
Commission.

Chapter 5. Administrative Penalties

SEC. 198. Penalties That May Be Imposed. - Heads of departments and

agencies and other disciplining authorities may impose the penalty of reprimand
or censure, fine in amount not exceeding six (6) months' salary, suspension
without pay for not more than one (1) year, demotion in rank or pay, or dismissal
from the service.

SEC. 199. Imposition of Penalties-

(a) In meting out punishment, the same pOlitics shall be imposed for similar
offenses and only one (1) penalty shall be imposed in each case. In the
imposition of these penalties, the disciplining authority shall take into
consideration the circumstances which may either exonerate the
respondent from from any liability, mitigate or aggravate the offense.

(b) In the imposition of the proper penalties, the administrative offenses or

causes for disciplinary action mentioned in this Code shall be categorized
into light, less grave, and grave.

(c) The Commission shall promulgate rules and regulations on the

classification of administrative offenses into light, less grave and grave
and shall prescribe the corresponding principal and accessory penalties,
such as cancellation of eligibility, forfeiture of retirement benefits,
disqualification for employment, reinstatement or re-employment,
disqualification for promotion and bar from any civil service examination.

42
 SEC. 200. Effect of Administrative Penalties - The penalty of dismissal
shall result in the separation of the respondent from the service. Dismissal shall
carry with it the cancellation of civil service eligibilities, forfeiture of retirement
benefits, and disqualification from employment in the government whether
appointive or elective and disqualification to run for any public office and if the
case is pending on appeal.

Although decisions imposing the penalty of dismissal are immediately

executory, no permanent appointment pending appeal shall be issued to replace
the dismissed employee. In the interest of the service, however, designation may
be resorted to until the case is resolved with finality.

The penalties of demotion, suspension and fine shall disqualify the

respondent from receiving certain benefits or from promotion for a period based
on the gravity of the penalty imposed in accordance with the rules prescribed by
the Commission.

SEC. 201. Effect of Death on Pending Cases. - Pending disciplinary cases

shall be deemed terminated upon the death of respondent without prejudice to
civil action that maybe instituted bv the govemment except when the proceedings
have been concluded and the cases ready for deciSion, or when the
administrative case involves misappropriation of public funds and property or
other grave offenses. The same shall be decided for the sole purpose of
determining whether the heirs of the respondent are entitled to monetary benefits
arising out of his employment.

SEC. 202. Effect of Exoneration and Other Penalties. - Upon exoneration,

the respondent shall be restored to his/her former position without loss of
seniority and other rights or to 'a comparable or equivalent position in case of
reorganization. He/She shall also be entitled to payment of back salaries and
other benefits for a period not exceeding five (5) years including the period of
his/her preventive suspension.

Chapter 6. Administrative Remedies

SEC. 203. Appeal. - An appeal may be filed with the proper authority
within fifteen (15) days from receipt of the decision, together with a notice of
appeal to the disciplining authority who rendered the decision, It shall state the
appellant's date of receipt of the decision and the date of the resolution on the
motion for reconsideration, if any, together with the grounds for appeal and the
arguments in support thereof.

SEC. 204. Where to Appeal. - The appellant may appeal to the following:

(a) In case of decisions rendered by heads of departments, agencies, state

universities and colleges, provinces, cities and municipalities and
instrumentalities of the national government the disciplining authority of
government-owned or' -controlled corporations with original charters,
where the penalty imposed is suspension of more than thirty (30) working
days or a fine equivalent to more than thirty (30) working days' salary, the
appeal shall be brought before the Commission; and

(b) In case of decisions of the head of bureaus or department-wide regional

offices, the appeal shall initially be made to the department secretary and
then to the Commission if the penalty imposed is suspension of more
than thirty (30) working days or fine equivalent to more than thirty (30)

43
 working days or fine equivalent to more than thirty (30) working days'
salary.

SEC. 205. Motion for Reconsideration. - A motion for reconsideration may

be filed during the period for filing an appeal on the following grounds:

(a) Newly discovered evidence which could materially affect the decision
rendered;
(b) The decision is not supported by the evidence on record; or
(c) Errors of law or irregularities have been committed prejudicial to the
interest of either property.

Only one (1) motion for reconsideration shall be entertained. which shall be
resolved within thirty (30) days from receipt. A motion for reconsideration shall
suspend the running of the period. of appeal.

SEC. 206. Remand of Cases Due to Lack of Due Process. - If the case on
appeal with the Commission is reminded to the proper disciplining authority for
further investigation due to lack of due process the said disciplining authority
shall finish the investigation within three (3) calendar months from the date of
receipt of the records from the Commission, unless the investigation is delayed
due to the faultnegligence or petition of the respondent, or an extension is
granted by the Commission in meritorious cases. The period of delay shall not be
included in the computation of the prescribed period.

The disciplining authority shall render its decision within fifteen (15) days from
the termination of the investigation. If at the end of said period, the disciplining
authority fails to decide the case, the Commission shall vacate and set aside the
appealed decision and declare the respondent exonerated of the charge. If the
respondent is under preventive suspension, he/she shall be immediately
reinstated and shall be entitled to back salaries and other benefits.

SEC. 207. Petition for Review - The Commission may review decisions
rendered by its regional offices ,and other disciplining authorities dismissing a
complaint for lack of a prima facie case, subject to rules and regulations the
Commission may prescribe.

SEC. 208. Penalties for Contempt - In case of refusal or failure to comply

with its decisions, orders, rulings or processes and proceedings, the Commission
may impose a penalty of fine of not less than Pi ,000.00 per day until compliance,
or suspension from office withciut pay for a period of not more than thirty (30)
days or both as the circumstances may warrant.

SEC. 209. Removal of Adfr/inistrative Penalties or Disabilities. - Upon

recommendation of the Commission, the President may commute or remove
administrative penalties or disabilities imposed upon public officers or employees
in disciplinary cases, subject to such terms and conditions as he/she may impose
in the interest of the service.

Title II - Prohibitions

Chapter 1. Limitation on Appointments

SEC. 210. Appointmenfof Elective Officers. - Except as provided for in

the Constitution, no elective officer shall be eligible for appointment or
designation in capacity to any public office or position during his/her tenure.

44
 SEC. 211. Candidate Who Lost in an Election. - No candidate who lost i
any election shall, within one (1) year after such election, be appointed in any
capacity to any office in the government or any state university and college,
government-owned and-controlled corporations with original charters or created
under special laws, and local government units, Neither can they be hired within
the same period as conSUltants or under contracts of services/job orders in said
entities.

SEC. 212. Resignation Before Election. - A person who resigned from

the service within three (3) months before any election could engaged in any
political activity shall not be eligible for re-employment in the government during
the six month period foil owing such election.

SEC. 213. Prohibition Against Holding Another Office or

Employment. - Unless otherwise allowed by law or by the primary functions of
the pOSition, no appointive officer shall hold any other office or employment in the
government or any subdivision, agency or instrumentality thereof, state.
universities and colleges, government-owned and -controlled corporations with
original charters or created under special laws, and local government units.

SEC. 214. Prohibition During Election Period. - No appointment,

whether original transfer, reemployment reappointment, renewal, promotion and
tlemotion, regardless of status, except in the case of reinstatement shall be
issued ninety (90) days before any national or local election except barangay and
sangguniang kabataan elections and until the assumption of the newly-elected or
reelected appointing officer. No consultancy, job order or contract of service shall
also be entered into during the said period.

However, in the exigency of the service and subject to the authority by the
Commission, the appointing authority may issue appointments after the election
and until the assumption of the newly elected or reelected appointing officer
provided the following concur: .

(a) A vacancy occurred during the prohibited period;

(b) There is need to fill up the vacancy immediately in order not to prejudice
public service and/or endanger public safety;
(c) The appointee is qualified;
(d) The appointment has gone through the usual requirements like
publication, regular screening by the Personnel Selection Board and
concurrence by the Sanggunian, as the case may be.

All appointments issued before 3he prohibited period shall take effect
immediately, notwithstanding any provisions in the appointment to the contrary
and the appOintee shall assume the position within thirty (30) days from issuance
thereof. Failure of the appointee to assume the position within said period shall
make the appointment ineffective.

SEC. 215. Prohibition Against Appointments by an OutgOing

Appointing Authority. - No appointment in national agencies, state universities
and colleges, government-owned and-controlled corporations with original
charters or created under special laws, shall be made by any outgoing appointing
authority within three (3) months before the end of his/her term of office or
retirement. This prohibition shall also apply to outgoing appointing authorities
who have previously manifested their intention to resign from office. In which
case, the prohibition shall commence from the date of formal manifestation to

45
•

resign but shall not be more than three (3) months from the effective date of
resignation.

However, in the exigency of the service, interim appointments may be

issued which shall not exceed three (3) months from the time the appointing
authority ceases to hold office, This prohibition shall embrace all kinds of
appointments whether original, transfer, reemployment, reappointment, renewal,
casual, contractual promotion, or demotion, regardless of status.

SEC. 216. Supervision by Non-career personnel. - Subject to the rules

to be promulgated by the Commission, no consultant, contractual or non-career
personnel shall be designated to any position exercising control and supervi'sion
over regular and career personnel in the government.

SEC. 217. Contract of Service - A person issued a contract of service

shall not discharge duties pertaining to a career or non-career service position,
The agency may, however, enter into a contract. of service to undertake a piece
of work for the government for a specific period.

SEC. 218. Ecclesiastic. - No priest, preacher, minister, or other religious

teacher or dignitary as such, shall be employed in the civil service system except
when such priest, preacher, minister, or dignitary is assigned to the Armed
Forces of the Philippines, the Philippine National Police or to any penal or
correctional institution, or any government orphanage or leprosarium,

SEC. 219. Nepotism. - The act of issuing an appointment in the national,

or in any branch or instrumentality thereof, or in state universities and colleges,
government owned and -controlled corporations with original charters or created
under special laws, or local government units to a person who is related within
the third (3rd) civil degree of consanguinity or affinity to the appointing or
recommending authority, the chief of bureau or office, or of the person exercising
immediate supervision over him/her, is hereby prohibited,

The following positions are exempt from the operation of the law and rules
on nepotism:

(a) Primarily confidential;

(b) Highly technical;
(c) Policy-determining;
(d) Teacher and professorial,'staff;

The term 'teacher' shall refer only to those actually performing classroom
instruction in both public elementary and secondary schools. Professional staff
shall denote members of the faculty of state universities or colleges primarily
engaged in academic activities such as teaching in the tertiary level, research
and curriculum development, among others. The designation of professorial staff
to non-professional/non-academic positions shall not be cowered by this
exemption.

The restrictions mentioned in this Section shall not be applicable to a member

of any family, who, after appointment to any position in an office or bureau,
contracts marriage with another employee in the same office or bureau, or those
who were affected by reorganization in which event the employment or retention
therein of both husband and wife may be allowed,

The prohibition shall not also apply in case of promotion if the person to be
promoted occupies a career and next-in-rank position, or to those devolved to

46
local governrnent units or who were affected by reorganization or to any member
of a personnel selection board.

Chapter 2. Other Prohibitions

SEC. 220. Political Activity. - Civil servants may become members of

political parties, express their views on current political problems or issues, and
support the candidates 0 their choice However, they may neither engage in any
electioneering nor may they use official authority to influence or coerce the
political activity of any person or organization.

SEC. 221. Appointment of Military Personnel in the Civil Service

System. - It shall be unlawful for any member of AFP in the active service to be
appointed or designated in any capacity to .any civilian position in the
government, state universities and colleges, government-owned and -controlled
corporations with original charters or created under special laws, and local
government units.

SEC. 222. Additional or Double Compensation. - No elective or

appointive public officer or employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor accept any present,
emolument, office, or title of any kind from any foreign government unless
allowed by law.

PenSions, gratuities or honoraria shall not be considered as additional,

double or indirect compensation.

SEC. 223. Detail or Reassignment. - Except when the exigencies of the

service require, no public officer or employee of the government shall be detailed
or reassigned three (3) months before any local or national election.

SEC. 224. Courtesy Resignation. - It shall be unlawful for any public

officer, elective or appointive, to require public officers and employees within
his/her jurisdiction to submit courtesy resignations for whatever reason or
purpose.

SEC. 225. AppOintment and/or Transfer of Officers and Employees of

Oversight Agencies- Unless allowed by the Commission in meritorious cases,
heads of oversight agencies and their staff are prohibited from transferring or
being appointed to any position in the department agencylofficeAoca1
government unit which his/her unit is assigned or designated to oversee within
one (1) year after termination of such assignment or designation.

BOOK IV. MISCELLANEOUS PROVISIONS

Title I - Termination of Employment

Chapter 1. Modes of Termination

SEC. 226. Modes of Termination - The following are modes of

terminating:

(a) Resignation - A public officer or employee shall be considered separated

from service effective on the date of acceptable of the resignation by the
employment in the government; officer authorized to do so.

47
 (b) Candidacy - An appointive public officer or employee shall be ipso facto
separated from the service on the date of the filing of certificate of
candidacy for an elective position.
(c) Death - Upon proof of death, the public officer or employee shall or
employee shall automatically be recorded as separated from the service.
(d) Permanent Disability - In case of permanent disability which shall render
the public officer or employee incapable of performing the official duties,
the department of agency head may terminate such public officer or
employee.
(e) Expiration of Period of Employment - The services of a public officer or
employee appointed for a fixed period, or for a specific project or whose
appointment is coterminous with the appointing officer shall be terminated
upon the expiration of the period of employment, completion of the project,
or at the end of the term of the appointing officer, unless otherwise earlier
validly separated.
(f) Dropped from the Service. - A public officer or employee who goes on
leave without proper authority or fails to return to duty after the expiration
of the authorized leave, without valid reasons, and food other grounds
under existing rules, shall be dropped from the service in accordance with
the regulations promulgated by the Commission.
(g) Conviction - The services of the public officer and employee shall be
considered terminated upon conviction by final judgment of a crime where
the penalty carries with it the accessory penalty of perpetual or temporary
absolute or special disqualification to hold public office.
(h) Retirement -Any public officer or employee who reaches the compulsory
retirement age and meets the service requirement shall be retired under
the provisions of the Retirement Law, unless his/her services is extended
by the Commission in accordance with its rules and regulations. Optional
retirement pursuant to law likewise terminates official relations.
(i) Expiration of Temporary Appointment - The employee with temporary
appointment of a public officer or be terminated upon the expiration of the
appointment.
U) Disapproval of Appointment - The services of a public officer or employee
is considered termination. upon the final disapproval of the appointment by
the Commission.

SEC. 227. Reduction in Force. - The head of a department or agency may

reduce its staff due to lack of work or funds or due to a change in the scope or
nature of an agency's program, or as a result of reorganization, subject to the
rules and regulations which the Commission shall prescribe.

Title 1\ - Fees and Authority to Administer Oaths

Chapter 1. Fees

SEC. 228: Authority to Collect Fees. - The Commission may collect and
charge fees for civil service examinations, certification of civil service ratings,
service records, appeals in disciplinary and non-disciplinary cases, training
courses, seminars and workshops in personnel management, and for services
rendered on other civil service matters. For this purpose, the Commission shall
prescribe standard and reasonable rates for such examination, certifications,
training courses, seminars and workshops and other activities or services, the
fees for which arc not provided by law or regulation. No fees shall be collected in
examinations given for the selection of scholars.

Chapter 2. Authority of Public Officers to Administer Oaths, Take

Testimony, and Prosecute Cases in Court.

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•

SEC. 229. Who May Administer Oaths. - The Chairperson and Members
of the Commission, public officers occupying third level positions and other public
officers and employees of the Commission and other departments or agencies
designated in writing by the Chairperson, may administer oaths as may be
necessary in a transaction of an official business and take a testimony in
connection with any authorized investigation.

Title III - Fiscal Autonomy and Use of Appropriations and Income

Chapter 1. Fiscal Autonomy

SEC. 230. Fiscal Autonomy. - The Commission shall enjoy fiscal

autonomy. It shall determine the amount of its annual budget requirements for its
operating expenses, and capital outlays which shall be proposed to Congress in
accordance with existing budget laws. Its approved annual appropriations shall
be automatically regularly released.

The Commission shall have the flexibility to utilize its appropriations, and
its income, for operating and capita] expenses, acquisition, supplies, repairs and
maintenance of office equipment and facilities subject to provisions of law.

Chapter 2. Authority to Use Appropriations and Income

SEC. 231. Authority to Use Appropriations and Income. - The

Commission is hereby authorized to use such sums appropriated in the annual
appropriations act, including all balances of existing certifications, to accounts
payable of prior years which have not yet been reverted to unappropriated
surplus, within a period of two (2) years, as are necessary to carry out the
provisions of this Code. The Commission is also authorized to augment any item
in its appropriations from savings actually released for any official purpose at its
discretion.

The Commission is further authorized to directly use its income derived

from fees, cost for services it may assess and levy, and such other proceeds
generated in the performance of its functions for its operating expenses for
personnel and organizational development as well as acquisition, repair and
maintenance of office equipment, facilities and supplies.

Title IV'- Transitory Provisions

Chapter 1. Funding

SEC. 232. Funding - Funds needed to carry out the provisions of this
Code shall be taken from funds available in the Commission or in the absence or
insufficiency thereof, from any lump sum appropriations to be included in the
annual General Appropriations Act. The appropriation shall cover the expenses
of the Commission including the salaries, allowances and other emoluments of
its public officers and employees in its central, regional and field offices and for
its projects and activities, subject to the accounting of expenditures.

Chapter 2. Final Provisions

SEC. 233. Abolished Offices. - All Commission Public officers and

employees whose offices are abolished by virtue of the provisions of this Code
shall be absorbed in the Central, Regional, and field offices of the Commission
with no diminution of status, rank and salary.

49
 SEC. 234. Liability of Appointing Authority - No person employed in
the civil service system in willful violation of this Code shall be entitled to receive
pay from the government. The Appointing authority responsible for such unlawful
employment shall be personally liable for the pay that would have accrued had
the employment been lawful. The disbursing public officers shall make payment
to the employees of such amount from the salary of the public officers so liable.

SEC. 235. Liability of Disbursing Public Officers. - Except as may

otherwise be provide by law, it shall be unlawful for a treasurer or other fiscal
public officer or employee to deduct any amount for contributions or payment of
obligations other than those due to the govemment or its instrumentalities.

SEC. 236. Vested Rights. - Except as otherwise provided in this Code,

rights vested or acquired under the provisions of the Civil Service Law, rules and
regulations and any other Act prior to the effectivity of this Code shall be
respected.

SEC. 237. Criminal Liability - whoever makes any appointment or

employs any person in willful violation of this Code or the rules and regulations
issued thereunder; or whoever commits fraud, deceit, or intentional
misrepresentation of material fact conceming any civil service matter, or whoever
violates, refuses or neglects to comply with any final decision or order of the
Commission, shall upon conviction, be punished by a fine not exceeding Ten
Thousand Pesos (P10,000.00) or by imprisonment of not less than three (3)
years nor more than five (5) years or both at the discretion of the court.

The same penalty of fine or imprisonment or both as provided above and

permanent disqualification from :holding public office shall be imposed upon tiny
appointing authority who willfully violates any of the provisions of this Code
including failure to abide by the rules promulgated by the Commission or to
implement a Commission re-appointment order.

SEC. 238. Authority of issue Rules. - The Commission shall promulgate

rules and regulations and set guidelines and standards to implement the
provisions of this Code which shall become effective thirty (30) days after its
publication in a national newspaper of general circulation.

SEC. 239. Repealing Clause. - Republic Act No. 2260, Republic Act No.
6040, Presidential Decree No. 807, Presidential Decree No.1, Presidential
Decree No. 1409, Executive Order No. 135, series of j987, Executive Order No.
180 and Book V, Title I, Subtitle A on the Civil Service Commission of Executive
Order No. 292, series of 1987, and Section 2 of RA 6758 are hereby repealed.
Section 24 of RA 6770, Sections 63, 77 and 79 of RA 7160, Section 1 of RA
8190 and Section 21 of RA 8551, are hereby amended or modified accordingly;
and all laws, decrees, orders, circulars, rules and regulations or any part thereof
"which are contrary to or inconsistent with any provision of this Code are hereby
repealed or modified accordingly.

SEC. 240. Supplemental Applications. - The Rules of Court shall have

supplemental application to this Code.

SEC. 241. Separability Clause. - If any proviSion of this Code or its

application to any person or circumstances is declared invalid such declaration
shall not affect the other provisions of this Code.

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SEC. 242. Construction in Favor of Employees. - All doubts in the

implementation and interpretation of the provisions of this Code including its
implementing rules and regulations shall be resolved in favor of employees.

SEC. 243. Effectivity. -This Code, shall take effect thirty (30) days
following its publication in the Official Gazette or in a national newspaper of
general circulation in the Philippines.

Approved,

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