LESSON 3: The Legal and Ethical Framework of Public Sector Employment

Intended Learning Outcomes: Upon completion of this topic, students will be able to:

1. Identify the key legal instruments

governing public sector employment in
the Philippines.

2. Explain the ethical principles and

standards expected of public sector
employees.

3. Analyze potential conflicts between

legal requirements and ethical
considerations in public sector
employment.

4. Apply the legal and ethical framework

to real-world scenarios in public sector
HRM.

The legal foundation of the Human Resource Management (HRM) framework in

the Philippine Public Sector is built upon a complex interplay of constitutional provisions,
laws, and regulations.

Here's a breakdown of the key legal pillars:

1. The 1987 Philippine Constitution:

Article II, Section 18: This section affirms labor as

a primary socioeconomic force and mandates the
state to protect the rights of workers and promote
their welfare. This principle extends to public sector
employees, emphasizing their rights and the
government's responsibility to create a fair and
supportive work environment.

Section 18.
The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
 Article XIII, Section 3: This section guarantees the rights of all workers, including
public sector employees, to self-organization, collective bargaining, and peaceful
concerted activities. It also ensures their right to security of tenure, human conditions of
work, and a living wage.

ARTICLE XIII
LABOR
Section 3. The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all.

2. Key Laws:

• Republic Act No. 6713 (Code of

Conduct and Ethical Standards for
Public Officials and Employees):
This law sets ethical standards for
public servants, emphasizing
professionalism, transparency, and
accountability. It includes provisions on
the declaration of assets, liabilities, and
net worth (SALN), prohibition against
conflict of interest, and disciplinary
actions for violations.

• Republic Act No. 6758 (Salary

Standardization Law): This law
standardizes salaries across the public
sector, ensuring uniformity and equity in
compensation. It aims to provide equal pay
for substantially equal work and base
differences in pay on substantive differences
in duties, responsibilities, and qualification
requirements.
https://www.dbm.gov.ph/wp-content/uploads/2012/03/RA-No.-6758.pdf

• Republic Act No. 8291 (Government

Service Insurance System Act of
1997): This law governs retirement
benefits for government employees,
providing pension and other benefits
upon retirement.

https://www.gsis.gov.ph/about-us/gsis-laws/republic-act-no-8291/

• Republic Act No. 1080 (Civil

Service Eligibility Law): This law
sets the standards for civil service
eligibility, recognizing the value of
professional qualifications. It allows
individuals who pass the bar or
board examinations for various
professions to be considered
eligible for positions in the
classified service.

The Civil Service Law (Republic Act No. 1080) serves as the fundamental law of
public sector employment in the Philippines. This law, as amended, sets the standards
for recruitment, selection, promotion, and other aspects of employment in the public
sector. It emphasizes a merit-based system for appointments, ensuring that positions
are filled based on qualifications and merit, not political patronage.

Pursuant to Republic Act (RA) No. 1080

Automatically granted to passers of bar examination conducted by the Supreme Court

and of licensure board examinations administered by the Professional Regulation
Commission;
Appropriateness of eligibility: Eligibilities resulting from passing the Bar/Board
examinations shall be required for appointment to positions the duties of which
constitute the practice of profession regulated by the Philippine Bar/Board laws.
(Provided under Item No. 5, Part V of the Revised Policies on Qualification Standards)​

Eligibilities resulting from Bar/Board examinations which require completion of a

bachelor’s degree shall be considered appropriate to positions for which the
examinations were given, and to other first and second level positions not covered by
Bar/Board/special laws, and/or those that require other special eligibilities as may be
determined by the Commission, or those that require licenses such as those positions
listed under Category IV of CSC MC No. 11, s. 1996, as amended. (Provided under
Item No. 6, Part V of the Revised Policies on Qualification Standards)​

Eligibilities resulting from Board examinations which require less than four (4) years of
college studies shall be appropriate for appointment to positions for which the
examinations were given, and to other first level positions not covered by other
Board/special laws, and/or those that require other special eligibilities as may be
determined by the Commission, or those that require licenses such as those positions
listed under Category IV of CSC MC No. 11, s. 1996, as amended. (Provided under
Item No. 7, Part V of the Revised Policies on Qualification Standards)

Republic Act No. 1080 has been amended since 1954. The most significant
amendment was made by Republic Act No. 1844, which was enacted in 1957.

This amendment clarified the eligibility requirements for certain professions, particularly
those requiring less than four years of college study. It also established a specific
provision for those who had passed the bar or board examinations prior to the
enactment of Republic Act No. 1080.

While the search results primarily focus on the original law, they do mention the
amendment in passing. The document titled "023 - Civil Service Eligibility Under Rep.
Act 1080 As Amended by R.A 1844" is a clear indication that the law has been
amended.

REPUBLIC ACT No. 1080

An Act Declaring the Bar and Board Examinations as Civil Service Examinations
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. The bar examinations and the

examinations given by the various boards of
examiners of the Government are declared as
civil service examinations, and shall, for
purposes of appointment to positions in the
classified service the duties of which involve
knowledge of the respective professions, except
positions requiring highly specialized knowledge
not covered by the ordinary board examinations,
be considered as equivalent to the first grade
regular examination given by the Bureau of Civil
Service if the profession requires at least four
years of study in college and the person has
practiced his profession for at least two years,
and as equivalent to the second grade regular
examination if the profession requires less than
four years of college study.

Section 2. The Commissioner of Civil Service

shall be furnished by the Clerk of the Supreme
Court and the Secretary of the Board of
Examiners a list of the successful candidates in
the respective bar or board examinations with
their general averages, and preference shall be
given to those obtaining the highest ratings in
making appointments: Provided, That for those
who have already passed the corresponding bar
or board examinations, the eligibility shall be
deemed to commence from the approval of this
Act.

Section 3. The Commissioner of Civil Service

shall promulgate the rules and regulations to
implement the provisions of this Act. £a⩊phi£

Section 4. The benefits granted under this Act

shall not prescribe, the provisions of civil service
law or regulations notwithstanding.

Section 5. This Act shall take effect upon its

approval.

Approved: June 15, 1954.

https://lawphil.net/statutes/repacts/ra1954/ra_1080_1954.html

• Republic Act No. 2260 (Civil

Service Act): This law mandates
that all appointments to government
positions must be based on merit,
fitness, and qualifications,
determined through competitive
examinations or other forms of
assessment.

The appointment of
government employees follows a
merit-based system under Republic
Act No. 2260, also known as the
Civil Service Act. This law mandates
that all appointments must be based
on merit, fitness, and qualifications,
determined through competitive
examinations or other forms of
assessment that align with the
CSC's standards. This is distinct
from private-sector hiring, where
employers have more discretion
over selection processes and hiring
criteria.

https://lawphil.net/statutes/repacts/ra1959/ra_2260_1959.html
https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/89263/PHL89263.pdf

3. Other Relevant Laws and Regulations:

• Labor Code of the Philippines (Presidential
Decree No. 442): While primarily focused on
the private sector, the Labor Code also applies
to certain aspects of labor relations in the public
sector.
While the Labor Code of the Philippines
(Presidential Decree No. 442) primarily governs
labor relations in the private sector, it also has
provisions that apply to certain aspects of public sector employment.

Here's how the Labor Code applies to the public sector:

• Civil Service Law: The Civil Service Law (Republic Act No. 1080) primarily governs
employment in the public sector. However, the Labor Code supplements the Civil
Service Law in areas where it doesn't provide specific provisions.

• Specific Provisions: The Labor Code contains provisions that are applicable to both
private and public sector employees, such as:

◦ Wages and Hours of Work: The Labor Code sets minimum wage standards and
regulates hours of work, including overtime and night shift differentials. These
provisions apply to both private and public sector employees.

◦ Leave Benefits: The Labor Code provides for various leave benefits, including sick
leave, vacation leave, and maternity leave. These benefits are generally applicable to
both sectors, although specific regulations may vary.

◦ Occupational Safety and Health: The Labor Code establishes standards for
occupational safety and health, which apply to both private and public sector
workplaces.

• Exceptions: Some provisions of the Labor Code may not be directly applicable to
public sector employees due to the unique nature of public service. For example, the
Labor Code's provisions on collective bargaining and strikes may not apply to public
sector employees, as their employment is governed by the Civil Service Law.

The Labor Code of the Philippines serves as a foundational framework for labor
relations in both the private and public sectors. While the Civil Service Law governs
public sector employment, the Labor Code provides supplemental provisions in areas
where it doesn't offer specific regulations. This ensures that both private and public
sector employees have certain fundamental rights and protections in the workplace.

The Labor Code of the Philippines (Presidential Decree No. 442) primarily
governs labor relations in the private sector. However, it also applies to certain aspects
of public sector employment, but with some exceptions. Here are some specific
exceptions:
1. Collective Bargaining and Strikes: The Labor Code's provisions on collective
bargaining and strikes generally do not apply to public sector employees. Public sector
employees are governed by the Civil Service Law (Republic Act No. 1080), which has
its own provisions for employee representation and dispute resolution.

2. Security of Tenure: While the Labor Code provides for security of tenure for private
sector employees, public sector employees have a different system based on the Civil
Service Law. This law outlines specific grounds for termination, such as inefficiency,
misconduct, or abandonment of duty.

3. Retirement: The Labor Code's retirement provisions may not fully apply to public
sector employees. Public sector employees are typically governed by the Civil Service
Retirement Law, which sets different retirement ages and benefits.

4. Specific Benefits: Some benefits provided under the Labor Code, such as the
13th-month pay, may not be applicable to public sector employees. Public sector
employees may have their own specific benefits and compensation schemes
determined by the Civil Service Law and other relevant legislation.

5. Work-Related Injuries: The Labor Code's provisions on work-related injuries and

illnesses may be supplemented by the Government Service Insurance System (GSIS)
for public sector employees. The GSIS provides a different system for compensation
and benefits for work-related injuries and illnesses.

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/25306

• Executive Order No. 292

(Administrative Code of 1987): This
order provides guidelines for leave
benefits and other administrative
matters related to government
employees.
https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-introductory-provi
sions/

4. Civil Service Commission

(CSC):

Central Personnel Agency:

The CSC serves as the central
personnel agency of the
government, responsible for
implementing civil service laws
and regulations. It plays a
crucial role in setting
standards for recruitment,
selection, promotion, training,
and performance management
in the public sector.

Employee Rights and Benefits

Government employees are entitled to a range of benefits codified in various laws,
including:

1.​ Security of Tenure: Permanent government employees enjoy security of tenure,

meaning they cannot be dismissed without cause. Dismissal must be for just or
authorized causes as prescribed by law, following due process.
2.​ Leave Benefits: Government employees are entitled to leave privileges, such as
sick leave, vacation leave, and special leave benefits. These are provided under
Executive Order No. 292 (Administrative Code of 1987).
3.​ Retirement Benefits: Retirement benefits for government employees are
governed by laws like Republic Act No. 8291, the Government Service Insurance
System Act of 1997. This law provides pension and other benefits for
government employees upon retirement.
4.​ Collective Bargaining and Right to Unionize: Under the 1987 Constitution,
government workers have the right to form and join unions. However, collective
bargaining in the government sector is limited compared to the private sector, as
it does not extend to matters such as salary increases, which are determined by
law

Compensation and Pay Structure

The compensation of government employees is regulated by the Salary Standardization
Law(Republic Act No. 6758), which standardizes salaries across the public sector.
Unlike the private sector, where pay structures may vary widely based on negotiations
and market forces, government salaries are determined by salary grades, ensuring
uniformity and equity.

Labor Relations in the Government Sector

While government employees have the right to organize, their ability to engage in
strikes is limited. Republic Act No. 6715, which amends the Labor Code, specifically
prohibits public sector strikes to prevent disruptions in essential public services. This
sets government employees apart from private sector workers, who may strike under
certain conditions.

Republic Act No. 6713, known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees,"

Government employees are bound by ethical standards under Republic Act No.
6713, also known as the Code of Conduct and Ethical Standards for Public Officials and
Employees. This law requires public servants to exhibit professionalism, transparency,
and accountability in the performance of their duties. By adhering to the principles of the
Code, HR professionals can contribute to a more ethical and efficient public service.

Republic Act No. 6713 serves as a cornerstone for ethical HRM practices in the
Philippine Public Sector. It establishes a framework that promotes a high standard of
ethics and accountability in public service.
Key Provisions and Their Impact on HRM:

• Commitment to Public Interest:

The law emphasizes that public
officials and employees must prioritize
public interest above personal gain.
This principle guides HR practices in
areas like recruitment, promotion, and
performance management, ensuring
that decisions are made based on
merit and service to the public.

• Professionalism: RA 6713 mandates that public

servants perform their duties with excellence,
professionalism, and skill. This translates into HR practices that focus on professional
development, training, and competency-based assessments.

• Justness and
Sincerity: The law
calls for public
servants to act with
fairness and
impartiality, avoiding
discrimination. This
principle influences
HR policies related to
equal opportunity
employment, diversity
and inclusion, and
anti-harassment
measures.

Conflict of Interest: RA
6713 prohibits public
officials from engaging in
activities that create a
conflict between their
personal interests and their
official duties. This principle
guides HR practices in
areas like procurement,
contracting, and the
management of financial
disclosures.
 • Disclosure of Assets: Public officials
are required to disclose their assets,
liabilities, and net worth. This
transparency measure helps prevent
corruption and promotes accountability,
influencing HR practices related to ethics
training and compliance monitoring.

• Prohibited Acts and

Transactions: The law
outlines specific
prohibited acts, such as
receiving gifts or favors in
exchange for official
favors. This provision
informs HR policies
related to ethical conduct,
disciplinary actions, and
whistleblowing
procedures.
• Incentives and Rewards: RA 6713 encourages ethical behavior by providing
incentives and rewards for exemplary service. This promotes a culture of ethical
conduct and motivates public servants to uphold high standards.

Impact on HRM Practices:

• Recruitment and Selection: HR professionals must ensure that recruitment and

selection processes are fair, transparent, and merit-based, aligned with the principles of
RA 6713.

• Training and Development: Training programs must emphasize ethical conduct,

professionalism, and compliance with the Code of Conduct.

• Performance Management: Performance evaluations should consider ethical behavior

and adherence to the Code as key performance indicators.

• Discipline and Grievance Procedures: HR policies should clearly outline disciplinary

actions for violations of the Code and provide fair grievance procedures for employees.

• Ethical Culture: HR plays a crucial role in fostering an ethical culture within the public
sector, promoting transparency, accountability, and a commitment to public service.

RA 6713, the Code of Conduct and Ethical Standards for Public Officials and
Employees, outlines several prohibited acts and transactions that public servants must
avoid. Here are some specific examples:

Financial and Material Interest:

• Direct or Indirect Interest in Transactions: Public officials cannot have any financial or
material interest in transactions requiring their office's approval. This prevents them
from using their position for personal gain.

• Outside Employment: Public officials cannot own, control, manage, or accept

employment in private enterprises regulated, supervised, or licensed by their office,
unless explicitly allowed by law. This prevents conflicts of interest and ensures that their
primary focus remains on public service.
• Disclosure and Misuse of Confidential Information: Public officials cannot use or
divulge confidential or classified information for personal gain or to give undue
advantage to anyone. This protects sensitive information and ensures that it is not used
for personal benefit.

Solicitation and Acceptance of Gifts:

• Gifts in Anticipation of Favors: Accepting gifts that are not of nominal or insignificant
value, especially if given in anticipation of a favor, is prohibited. This prevents bribery
and corruption.

• Gifts from Foreign Governments: Accepting gifts of substantial value from foreign
governments is generally prohibited, except for specific exceptions like souvenirs,
scholarships, or medical treatment, if approved by the official's head of office.

Other Prohibited Acts:

• Engaging in Private Practice: Public officials cannot engage in the private practice of
their profession unless authorized by the constitution or law, and only if it does not
conflict with their official duties.

• Recommending Individuals for Positions: Public officials cannot recommend

individuals for positions in private enterprises that have pending or regular transactions
with their office. This prevents favoritism and ensures fair competition.

• Discrimination: Public officials must provide service to everyone without unfair

discrimination, regardless of party affiliation or preference. This promotes equality and
fairness in public service.

Consequences of Violation:

Violating these prohibited acts can lead to disciplinary actions, including suspension,
dismissal, or criminal prosecution, depending on the severity of the offense.

RA 6713 emphasizes ethical conduct and accountability in public service. By

prohibiting these specific acts, the law aims to prevent corruption, promote fairness, and
ensure that public officials prioritize public interest over personal gain.
Conclusion:
Government employees in the Philippines are governed by a framework of laws
that distinguish them from private sector workers. These laws ensure transparency,
accountability, and efficiency in public service while protecting the rights and welfare of
government employees. The distinct legal treatment reflects the critical role of
government employees in upholding the public trust and serving the nation.
Government employees in the Philippines are subject to distinct rules and regulations
compared to those in the private sector, primarily governed by civil service laws. These
laws, which are implemented by the Civil Service Commission (CSC), establish the
guidelines, rights, and obligations of government workers, ensuring that their conduct
and employment practices uphold the public interest and the integrity of public service.

Review Questions:
1.​ Activity/Group Discussion TBA

References:

https://www.dbm.gov.ph/wp-content/uploads/2012/03/RA-No.-6758.pdf

https://www.gsis.gov.ph/about-us/gsis-laws/republic-act-no-8291/

https://lawphil.net/statutes/repacts/ra1954/ra_1080_1954.html

https://lawphil.net/statutes/repacts/ra1959/ra_2260_1959.html

https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/89263/PHL89263.pdf

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/25306

https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-introductory-provi
sions/

1987 Philippine Constitution