Question & AnswerQ&A (Act No. 5)
The main purpose of Act No. 5 is the establishment and maintenance of an efficient and honest civil service in all executive branches of the Government of the Philippine Islands by appointments and promotions according to merit and by competitive examinations where practicable.
The United States Philippine Commission appoints the members of the Philippine Civil Service Board. No person shall be eligible for appointment as a member of the Board unless they are a native of the Philippine Islands owing and acknowledging allegiance to the United States, or a citizen of the United States.
Each member of the Board must reside in Manila during their incumbency and receive an annual salary of three thousand dollars plus their necessary traveling expenses. A member designated as chief examiner receives an additional five hundred dollars annually.
The Act applies to appointments of civilians to executive positions under the Military Governor, the United States Philippine Commission, the Treasurer for the Islands, the Auditor for the Islands, the Collector of Customs, the Collector of Inland Revenue, Director of Posts, Civil Service Board, Bureau of Forestry, Bureau of Mines, General Superintendent of Public Instruction, wardens of penitentiaries and prisons, the Provost-Marshal-General of Manila, and the Captain of the Port at Manila.
The Board shall prepare rules for classification of offices, appointment by competitive or noncompetitive examinations, promotion by competitive examination with credit for experience, probationary periods before permanent appointments, open competitive exams in Manila, Iloilo, Cebu and the US, and provisions for transfers, reinstatements, and physical examinations.
Any person who willfully or corruptly deceives or obstructs any person in their examination rights, falsely rates or reports examination results, or furnishes secret information to influence appointments or promotions is punishable by a fine up to one thousand dollars, imprisonment up to one year, or both.
No inquiry or consideration shall be given regarding political or religious opinions or affiliations in the examination or promotion process, except that disloyalty to the United States is a complete disqualification for holding office in the Philippine civil service.
Applicants must take an oath acknowledging and accepting the supreme authority of the United States in the Islands, pledging true faith and allegiance thereto, and agreeing to obey the laws and orders of its duly constituted authorities. The oath is administered by a justice of the peace or a member of the Civil Service Board.
No, no person in the Philippine civil service is required to contribute to a political fund or render political service. Soliciting political contributions from public officers or employees is prohibited and punishable with fines or imprisonment and removal from office.
Where qualifications are equal, natives of the Philippine Islands are preferred first, followed by honorably discharged soldiers, sailors, and marines of the United States.
The offices of Treasurer for the Islands, Auditor for the Islands, Collector of Customs and Deputy Collector of Customs for the Islands, Collector of Inland Revenue, Director of Posts, heads of the Bureau of Forestry and Mines, Superintendent of Public Instruction, members of the Civil Service Board, and one private secretary for the Military Governor and each member of the Philippine Commission are exempt.
Yes, temporary appointments may be made to fill vacancies or newly created offices until the Board certifies a sufficient list of eligibles to fill such vacancies. Such temporary appointees may compete in the examinations for regular entrance to the classified service.
The Board supervises preparation, rating, and control of all examinations, may designate examiners from the civil service, employ qualified persons outside public service for special exams, and ensures these duties are performed without extra compensation when done by public employees.
Heads of offices shall notify the Board in writing without delay of all appointments (permanent, temporary, or probationary), rejections after probation, transfers, promotions, reductions, resignations, and vacancies, and record such changes for the Board's records.
If the Board certifies that a person is holding a position in violation of the Act and the disbursing or auditing officer pays the salary, such payment is illegal, the disbursing officer shall not receive credit, and the auditing officer shall be liable on his official bond for resulting loss to the government.