Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1409)
The purpose of Presidential Decree No. 1409 is to create the Merit Systems Board within the Civil Service Commission to promote a stable and responsive civil service, strengthen the merit system, and develop viable careers among civil service employees.
It was enacted on June 8, 1978.
The Merit Systems Board is composed of a Commissioner and Associate Commissioners appointed by the Civil Service Commission, who may be removed only for cause as provided by law.
They must have the same qualifications as a judge of the court of first instance.
The Commissioner shall receive a salary of not less than P42,000 per annum, and the Associate Commissioners shall receive not less than P36,000 per annum.
The Board hears and decides administrative cases involving civil service officers and employees, cases involving personnel actions like appointment and promotion, complaints regarding malpractices by officials, promulgates rules subject to CSC approval, administers oaths, issues subpoenas, and can punish for contempt among other functions.
The Commissioner serves as the Executive Officer of the Board, executing and administering policies, directing and supervising operations and internal administration, prescribing operating procedures, and performing other functions assigned by the Civil Service Commission.
The two Associate Commissioners are jointly responsible with the Commissioner for the exercise of the rule-making and adjudicative functions of the Board, and the senior Associate Commissioner acts as Commissioner in the latter's absence or disability.
Decisions involving removal from service are automatically reviewed by the Civil Service Commission. Other Board decisions can be appealed to the Commission, whose decisions are subject only to review by the courts.
It is divided into three divisions: a pool of prosecutors; defense lawyers who provide assistance to civil service employees facing administrative charges or who have filed personnel complaints; and advisers to the Commission in appellate and review functions.