Question & AnswerQ&A (Commonwealth Act No. 177)
The primary purpose of Commonwealth Act No. 177 is to amend and repeal some provisions of Chapter 27 of Act No. 2711 (the Administrative Code of 1917) and to provide funds to defray necessary expenses due to the extension of the Civil Service Law to all branches and subdivisions of the Government.
The Commissioner of Civil Service prepares and certifies civil service rules to the President of the Philippines, who must approve and promulgate them by executive order.
Civil service rules shall prescribe conditions for certification from eligible registers, appointments, separations, suspensions, deductions from pay, reductions, reinstatements, transfers, hours of labor, leave allowances, travel expenses, and prohibit discrimination in appointments and political activities by civil service employees.
The fundamental requirements include requiring open competitive entrance examinations, prescribing promotion examinations when practicable, requiring a thorough physical examination, and a period of trial service before permanent appointment.
The Philippine Civil Service includes all branches and subdivisions of the government, except for positions which are policy-determining, primarily confidential, or highly technical in nature. Appointments here must be based on merit and fitness, usually through competitive examination.
The unclassified service includes officers chosen by the National Assembly, presidential appointees with Commission on Appointments consent, elective officers, certain secretaries and staff of high officials, military personnel, certain provincial officials, faculty of the University of the Philippines, laborers earning not more than two pesos per day, and other positions declared by the President as policy-determining, confidential or highly technical.
No, examination requirements of the Civil Service Law do not apply to unclassified service positions unless the officer making the appointment directs otherwise.
Civil service employees, including the armed forces, are prohibited from engaging in partisan political activity or electioneering (except voting), from contributing to political funds or services, and from soliciting or receiving money or valuables for political purposes. Violations can result in removal from office and prosecution.
No person shall be appointed without passing the required civil service examination; however, persons already employed in classified positions as of January 1, 1937 may continue for up to three years with three chances to qualify, and ten years or more of service entitles the employee to a practical examination with preferential consideration.
Falsifying attendance records renders the offender liable to summary removal from the civil service and subjects the person to prosecution as provided by law.
Temporary appointments without examination are only allowed when public interests require it, upon prior authorization of the Commissioner of Civil Service, and must not exceed three months or extend beyond thirty days after eligibility certification is received.
The disbursing officer will have the whole amount paid disallowed and shall not receive credit unless the chief of the bureau or office is responsible. If not responsible, the disbursing officer must withhold from the chief of the bureau or office an amount equal to the disallowed salary.
Disbursing officers, heads of departments, or the Auditor General may apply to the Commissioner of Civil Service for a decision on such questions. The Commissioner's decisions are final unless reversed by the President on appeal.