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 measure entry into the public service; thus, all forms of cheating in civil service examinations must be immediately and effectively addressed, and the public service should not be a haven for misfits and cheats.
It covers acts and omissions done before, during, and after the examination that undermine the sanctity and integrity of the exam.
It refers to all examinations administered by the CSC or 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) impersonation, use of codigo/crib sheets, employing a poste, tampering with examination records, collusion between examinees and personnel, examinee number switching, possession/use of fake certificates of eligibility, and similar acts facilitating passing, including those committed by review centers or refresher tutorial entities.
They are materials in whatever form used by the CSC in conducting exams or used by other agencies administering exams in coordination/assistance of CSC; included are computer/electronic program files and data, test questions, answer sheets, and test booklets.
To further protect exam integrity, possession and/or use of examination-related materials like electronic program files or data and test booklets is declared an act of cheating.
The CSC has exclusive jurisdiction to investigate and decide these cases; jurisdiction covers both government employees and private individuals.
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.
When an individual (private or government employee), group, or review center possesses and/or uses, reproduces and/or disseminates examination materials in whole or in part from an unauthorized source.
Examples include: (1) exclusive jurisdiction over administrative cases involving examination irregularities; (2) investigating and prosecuting cases on its own or by complaint involving private individuals/groups/review centers; (3) requesting assistance and information from government agencies; (4) issuing subpoenas and subpoenas duces tecum; and/or (5) punishing for contempt those who refuse without valid cause to assist.
Immunity from prosecution may be granted by the CSC to a person whose testimony is necessary for the prosecution and/or conviction of other perpetrators; those granted immunity are exempted from administrative and criminal prosecution.
Imprisonment of not less than six years and one day but not more than twelve (12) years.
A fine of not less than Fifty Thousand Pesos (P50,000.00).
Accessory penalties include 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.
They are penalized as provided by the Act, and the license/permit to operate as review centers shall be revoked.
Those found administratively liable are liable for serious dishonesty and grave misconduct and dismissed from service with accessory penalties for government employees; non-government employees are perpetually barred from entering government service and from taking any government examination.
Fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.