Question & AnswerQ&A (Republic Act No. 6656)
The main policy is to protect the security of tenure of civil service officers and employees during the reorganization of government agencies without sacrificing morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.
A valid cause for removal exists when, pursuant to a bona fide reorganization, a position has been abolished or rendered redundant, or there is a need to merge, divide, or consolidate positions to meet the exigencies of the service, or for other lawful causes allowed by the Civil Service Law.
Evidence of bad faith includes significant increase in the number of positions after reorganization, abolition of an office and creation of another performing substantially the same functions, replacement of incumbents by less qualified personnel, reclassification of offices performing substantially the same functions, and violations of the prescribed order of separation.
The order is: 1) Casual employees with less than 5 years of government service; 2) Casual employees with 5 years or more; 3) Temporary appointees; 4) Permanent appointees. Within each category, those least qualified in performance and merit shall be laid off first.
Permanent officers and employees are given preference for appointment to comparable positions in the new staffing pattern or to positions next lower in rank if comparable positions are unavailable. No new employees shall be hired until all qualified permanent, temporary, and casual employees are appointed.
Yes, permanent officers and employees shall be given preference for appointment in other agencies if they meet the qualification requirements of the positions available.
The Placement Committee assists the appointing authority in selecting and placing personnel during reorganization to ensure the best qualified and most deserving persons are appointed. It is composed of members appointed and elected from the agency, and representatives of employee associations if applicable.
They may appeal to the appointing authority within 30 days from the decision, and if still dissatisfied, they can further appeal to the Civil Service Commission within 10 days from receipt of the appointing authority's decision. The Commission's decision is final and executory.
They shall be reinstated or reappointed without loss of seniority and entitled to full pay for the separation period. They are also entitled to separation pay, retirement, and other benefits within 90 days unless not entitled, then a separation gratuity equivalent to one month's salary per year of service is paid.
They shall be punished by a fine of up to 10,000 pesos, imprisonment of 3 to 5 years, or both, and suffer permanent disqualification from holding public office.