QuestionsQuestions (PRESIDENTIAL DECREE NO. 807)
The policy is to ensure and promote the constitutional mandate that civil service appointments be made only according to merit and fitness; to provide a progressive system of personnel administration; and to adopt measures to promote morale, responsibility, integrity, loyalty, efficiency, and professionalism in the civil service.
The Career Service is characterized by: (1) entrance based on merit and fitness (as far as practicable by competitive examinations or highly technical qualifications); (2) opportunity for advancement to higher career positions; and (3) security of tenure.
Non-Career Service is characterized by: (1) entrance based on criteria other than the usual tests of merit and fitness for the career service; and (2) tenure limited by law (fixed term, coterminous with the appointing authority, subject to his pleasure, or limited to a project’s duration).
Under PD 807, Career Executive Service positions include Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service, and other officers of equivalent rank as may be identified by the Career Executive Service Board (appointed by the President).
PD 807 groups career service positions requiring examinations into three levels: (1) first level (clerical, trades, crafts, custodial requiring less than 4 years of college, non-professional/subprofessional, supervisory or non-supervisory); (2) second level (professional/technical/scientific requiring at least 4 years of college up to Division Chief level); and (3) third level (Career Executive Service).
It is composed of a Chairman and two Commissioners. They are appointed by the President for a term of seven years without reappointment.
A person must be a natural-born citizen of the Philippines; at least 35 years old at the time of appointment; a holder of a college degree; and must not have been a candidate for any elective position in the election immediately preceding appointment.
No member may engage in the practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or franchise/privilege granted by, the government or any subdivision/agency/instrumentality (including GOCCs).
It administers and enforces constitutional and statutory provisions on the merit system; promulgates rules, regulations, policies, standards, and guidelines; supervises civil service examinations; approves all appointments (original or promotional) except those of certain presidential appointees and specified uniformed personnel; disapproves appointments lacking eligibility/qualification; inspects and audits personnel programs; and hears/decides administrative disciplinary cases per the law.
The appointing authority must submit within thirty (30) days from issuance; otherwise the appointment becomes ineffective thirty (30) days thereafter.
Employees occupying the next lower positions in the occupational group and functionally related groups who are competent, qualified, and have appropriate civil service eligibility shall be considered for promotion.
No. PD 807 provides that no person who is not such an eligible shall be appointed even in a temporary capacity whenever there is a civil service eligible actually available for and ready to accept appointment, except in urgent public interest cases or when the vacancy is not permanent.
A probationary period of six (6) months applies, along with a thorough character investigation to acquire permanent civil service status. A probationer may be dropped before probation ends for unsatisfactory conduct or want of capacity, subject to appeal to the Commission.
Temporary appointments shall not exceed twelve (12) months, and the appointee may be replaced sooner if a qualified civil service eligible becomes available.
No officer or employee in the civil service shall be suspended or dismissed except for cause as provided by law and after due process.
The Commission decides appeals involving penalties of suspension for more than thirty days, fine exceeding thirty days’ salary, demotion in rank or salary or transfer, and removal or dismissal.
Preventive suspension may be imposed when charges involve dishonesty, oppression, grave misconduct, neglect in duty, or reasonable grounds for removal. If the case is not finally decided within 90 days for non-presidential appointees, the respondent is automatically reinstated, unless delay is due to the respondent’s fault, negligence, or petition.