Law Summary
Introduction
This Executive Order No. 135, issued by President Corazon C. Aquino on February 27, 1987, amends provisions of Presidential Decrees Nos. 807 and 1409, and revokes Memorandum Circular No. 1284 dated June 4, 1985. The order enhances the jurisdiction of the Civil Service Commission regarding appeals in contested or promotional appointments and administrative disciplinary cases.
Section 1: Amendments to Presidential Decree No. 807
Legal Principle
- The amendment to Section 19(6) of Presidential Decree No. 807 clarifies the appeal process for qualified next-in-rank employees regarding appointments made to other employees.
Key Definitions
- Qualified Next-in-Rank: An employee who is appointed permanently to a position determined as next-in-rank, meeting the requirements set by the appointing authority and approved by the Civil Service Commission.
Important Requirements and Procedures
- Appeal Process:
- Initial appeal to the heads of ministries, agencies, or instrumentalities.
- Subsequent appeal to the Merit Systems Board.
- Final appeal to the Civil Service Commission if unsatisfied with the prior decisions.
Relevant Timeframes
- Decisions of the Civil Service Commission can be reviewed on certiorari by the Supreme Court within 30 days from receipt of the decision by the aggrieved party.
Section 2: Amendments to Presidential Decree No. 1409
Legal Principle
- This amendment to Section 8 establishes an automatic review process for decisions made by the Merit Systems Board regarding the removal of officers and employees.
Important Requirements and Procedures
- Review Process:
- Automatic review by the Civil Service Commission for removal cases.
- Appeals from other decisions of the Merit Systems Board can be made to the Civil Service Commission.
Relevant Timeframes
- Decisions of the Commission shall also be subject to review on certiorari by the Supreme Court within 30 days from receipt of a copy by the aggrieved party.
Section 3: Transition of Pending Cases
Legal Principle
- The order mandates the transfer of all protest cases currently pending before the Office of the President to the Civil Service Commission.
Important Requirements and Procedures
- All pending appeal cases are to be forwarded through the Merit Systems Board for resolution.
- Cases already decided but pending reconsideration will be handled per Executive Order No. 19, series of 1966.
Section 4: Repeal of Inconsistent Laws
Legal Principle
- The Executive Order repeals or modifies any existing laws, decrees, or circulars that conflict with its provisions.
Important Requirements and Procedures
- Specifically targets Memorandum Circular No. 1284 dated June 4, 1985, and any inconsistent regulations.
Section 5: Effectivity
Legal Principle
- The order takes immediate effect upon its issuance.
Key Takeaways
- Executive Order No. 135 enhances the jurisdiction of the Civil Service Commission over personnel appointments and disciplinary cases.
- Provides a clear multi-tiered appeal process for employees regarding appointments.
- Establishes a 30-day timeframe for judicial review by the Supreme Court on decisions made by the Civil Service Commission.
- Ensures a smooth transition for pending protest cases to the Civil Service Commission.
- Repeals any conflicting laws or circulars, reaffirming the authority of the new provisions.
This structured summary encapsulates the core aspects of Executive Order No. 135, focusing on the changes made to the civil service appeal process and the implications for employees and the Civil Service Commission.