QuestionsQuestions (Republic Act No. 2260)
RA 2260 is known as the Civil Service Act of 1959. Its general purpose is to ensure and promote the constitutional mandate of merit and fitness in appointments and to provide a progressive system of personnel administration to maintain an honest, efficient, progressive, and courteous civil service.
The civil service embraces all branches, subdivisions, and instrumentalities including GOCCs, except positions that are policy-determining, primarily confidential, or highly technical in nature (covered only by merit and fitness as far as practicable via competitive examination). Positions in the civil service fall into competitive/classified, non-competitive/unclassified, and exempt service; the exempt service is not within the scope of the Act.
It includes positions for appointment to which prior qualification in an appropriate examination is required.
Non-competitive/unclassified service consists of positions expressly declared by law to be non-competitive, or those which are policy-determining, primarily confidential, or highly technical. It also specifically includes: presidential appointees with CA consent (with stated exceptions), presidential/legislative secretarial staff, private secretaries of department heads and certain court justices, officers required/chosen by Congress, faculty/teaching staff of UP and other government collegiate institutions, secretaries of provincial/city/municipal boards or councils, unskilled laborers (emergency/seasonal/permanent), and supplementary employees in Congress.
Exempt service consists of: elective officers; members of the commissioned and enlisted service of the Army, Navy, and Air Force; and persons employed on a contract basis.
The Commissioner is appointed by the President with the consent of the Commission on Appointments, holds office for a term of nine years, and may not be reappointed. He may be removed only for cause after investigation.
He has the rank of a Department Secretary and is an ex-officio member of the Cabinet.
It is composed of a Chairperson and two members appointed by the President with CA consent. They are full-time officials holding office during good behavior unless relieved for cause by the President. The Chairman and members must have the same qualifications as Justices of the Court of Appeals.
Hearings are open to the public; no meeting/hearing is held unless at least two members are present. It keeps records/minutes that are public records open to inspection subject to hours/conditions it may establish.
The Commissioner has powers to enforce the merit system, control and supervise civil service examinations, issue rules (with Presidential approval), investigate and audit personnel programs, issue subpoenas, have exclusive jurisdiction over approval of appointments/promotions in the competitive service, have final authority on removal/separation/suspension of permanent officers and employees in the competitive/classified service (except as provided by law), and to hear and decide appeals from actions contrary to civil service law and rules (Commissioner’s decision final).
It hears and decides all administrative cases on appeal from the Commissioner’s decisions. It must decide all appeals within 90 days after submission for decision; its decision is final.
Provincial treasurers are deputized to test appointments of provincial governors and municipal mayors; city treasurers for city mayors. Appointments become effective upon issuance and attestation. After attestation, appointments must be forwarded to the Commissioner within ten days. If the Commissioner does not correct/revise within 180 days after receipt, the appointments are deemed properly made. The treasurer deputization automatically ceases upon establishment of regional offices covering the province/city.
Opportunity is open to qualified citizens; selection is based on fitness and appropriate examination eligibility. Vacancies in competitive/classified positions should be filled by promotion of the next in rank who is competent/qualified and has the appropriate eligibility; if ties, seniority. If not promoted, special reasons must be written and the employee heard by the Commissioner whose decision is final. If promotion is not used, vacancies may be filled by transfer/reinstatement/reemployment or certification from registers of eligibles in accordance with rules. Also, if an eligible exists, non-eligible persons cannot even be appointed temporarily to competitive/classified vacancies.
Permanent appointment requires meeting position requirements and probationary period of six months following original appointment plus thorough character investigation for permanent civil service status. A probationer may be dropped for unsatisfactory conduct or lack of capacity anytime before probation ends; such action is appealable to the Commissioner under Section 16(j).
Temporary appointment is for a position needed only for a limited period not exceeding six months, with preference in filling the position given to persons on appropriate eligible lists.
Appointments made in favor of a relative of the appointing/recommending authority, the chief of the bureau/office, or immediate supervisor are prohibited. 'Relative' refers to those related within the third degree of consanguinity or affinity. Exemptions: (1) persons employed in a confidential capacity, (2) teachers, (3) physicians, and (4) members of the AFP—provided full report of the appointment is made to the Commissioner.
No officer/employee may be removed or suspended except for cause as provided by law and after due process. Transfer without reduction in rank/salary is not disciplinary if in public service interest. Complaints must be in writing and subscribed and sworn to by the complainant. The respondent is entitled to a formal investigation if elected, with rights to appear/defend (personally or by counsel), confront/cross-examine witnesses, and compel attendance and production of documents through subpoena/subpoena duces tecum.
Preventive suspension is suspension pending investigation by the President (for chiefs/assistants) or by the proper head of department (for subordinates), when charges involve dishonesty/oppression/grave misconduct/neglect, and there are strong reasons the respondent is guilty of charges warranting removal. Under Section 35, if not finally decided by the Commissioner within 60 days from the date of suspension, the respondent must be reinstated; if exonerated, restored with full pay for the period of suspension.