QuestionsQuestions (Republic Act No. 9416)
RA 9416 declares that public office is a public trust and that honesty, integrity, and the merit and fitness principle must always be the measure of entry into the public service. Thus, all forms of cheating in civil service examinations must be immediately and effectively addressed.
No. Cheating includes acts and omissions done before, during, and after the civil service examination.
The Civil Service Commission (CSC) has exclusive jurisdiction to investigate and decide over these cases, including those committed by private individuals.
It refers to all examinations administered by the CSC or those administered by other agencies in coordination with or through the assistance of the CSC.
Cheating refers to any act or omission before, during, or after a civil service examination that directly or indirectly undermines the sanctity and integrity of the examination, including but not limited to enumerated prohibited acts such as impersonation, use of “codigo”/crib sheets, use of a “poste,” tampering with records, collusion between examinees and personnel, examinee number switching, use of fake certificates of eligibility, and similar acts facilitating passing of an examination.
Any materials in whatever form used by the CSC in conducting the examinations or by other agencies administering exams in coordination with or through the assistance of the CSC—e.g., computer/electronic program files and data, test questions, answer sheets, and test booklets.
Any civil service examination result declared statistically improbable by the CSC is prima facie evidence of the existence of an examination irregularity or form of cheating.
Unauthorized possession and/or unauthorized use, reproduction, and/or dissemination of examination materials (in whole or in part), by any individual (private or government employee), group, or review center, from an unauthorized source, is considered an act of cheating and punishable under the Act.
Examples include: (1) impersonation; (2) use of “codigo” or crib sheets; (3) employing a “poste” to provide answers/codigo/crib sheets; (4) tampering with examination records such as Answer Data Files, Application Forms, or Picture-Seat Plan; (5) collusion; (6) examinee number switching; (7) possession/use of fake certificates of eligibility; and (8) other similar acts facilitating passing.
Yes. The term “private individuals” covers persons not yet considered government employees, former government employees separated from service, and individuals hired by government agencies based on job orders or contracts of service where no employment relationship subsists between them and the hiring agencies.
“Cheats” include all persons or review centers or entities offering refresher courses or tutorials who directly or indirectly commit the act of cheating. The Act recognizes their liability when they participate in or facilitate the cheating.
It may: exercise exclusive jurisdiction over administrative cases; investigate and prosecute (on its own or on complaint) cases involving private individuals, groups, or review centers; request assistance and information from government agencies; issue subpoenas and subpoenas duces tecum; punish for contempt those who refuse without valid cause; and continuously review examination systems and procedures to ensure integrity.
Yes. Immunity from prosecution may be granted by the CSC to any person whose testimony rests the prosecution and/or conviction of other persons or groups perpetrating examination irregularities.
Those granted immunity are exempted from administrative and criminal prosecution.
Upon conviction, imprisonment of not less than six years and one day but not more than twelve (12) years, plus a fine of not less than Fifty Thousand Pesos (P50,000.00).
Dismissal from the service, forfeiture of government benefits, cancellation of eligibility, bar from taking any government examination, and perpetual disqualification from reentering government service.
Disqualification from taking any government examination and from entering the government service.
He is penalized as provided in the Act, and the license/permit to operate as review centers shall be revoked.
Persons found administratively liable for the listed acts are liable for serious dishonesty and grave misconduct and dismissed from service with accessory penalties for government employees. Nongovernment employees found administratively liable are perpetually barred from entering government service and from taking any government examination.