Title
Amendments to Civil Service Law Provisions
Law
Commonwealth Act No. 177
Decision Date
Nov 13, 1936
Commonwealth Act No. 177 amends and repeals provisions of the Administrative Code in the Philippines, establishing rules and regulations for the civil service, including competitive examinations, appointment procedures, and restrictions on political activity.
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Prescriptions in Civil Service Rules

  • Civil service rules must govern:
    • Appointment and separation procedures.
    • Suspensions, pay deductions, reductions, reinstatements, and transfers.
    • Working hours and leave policies, including salary withholdings.
    • Travel expenses and half salary allowances.
  • Prohibition of discrimination based on examination ratings, political activity, or private business involvement.

Fundamental Requirements for Civil Service Rules

  • Civil service rules must:
    • Require open competitive entrance exams to evaluate merit and fitness.
    • Prescribe promotion examinations when practicable.
    • Mandate physical examinations by government physicians, rejecting physically unfit applicants.
    • Include a trial service period before confirming permanent appointments.

Publication of Official Roster

  • The Commissioner of Civil Service shall publish an Official Roster of eligible candidates at intervals set by the President.

Annual Reporting by the Commissioner

  • The Commissioner must report annually to the President on:
    • The Bureau's work performed.
    • Civil service rules promulgated and their effects.
    • Suggestions for maintaining an efficient and honest civil service.

Coverage of Philippine Civil Service

  • Encompasses all government branches and subdivisions.
  • Appointments, except policy-determining, confidential, or highly technical positions, must be merit-based through competitive exams.

Repeal of Previous Section on Civil Service Employees

  • Previous Section 669 of the Administrative Code is repealed.

Unclassified Service Positions

  • Includes specific officials such as secretaries, certain appointees by the President, elective officers, staff of heads of departments and legislators, military personnel, low-wage laborers, and positions declared as confidential or technical by the President upon recommendation.

Examination as Prerequisite for Classified Positions

  • Appointments require passing a civil service exam.
  • Current permanent employees have transitional provisions including up to three years to qualify with three examination attempts.
  • Those with ten or more years of continuous satisfactory service qualify for a practical exam with preference.

Exemption from Examination in Unclassified Service

  • Unclassified positions are exempt from examination requirements unless otherwise directed by the appointing officer.

Appointment and Role of Examining Committees

  • Commissioner may appoint committees or special examiners from government employees to handle examinations and investigations.
  • Expenses are borne by the relevant government entity benefiting from the examination.

Citizenship Requirement for Examination

  • Only Philippine or United States citizens may be admitted to civil service examinations.

Oath Requirement for Examination Applicants

  • Applicants must swear allegiance to the United States and support the Philippine Constitution.
  • They must attest to the truthfulness of their examination application.

Filling Classified Service Vacancies

  • Appointments should prioritize promotion from competent and available employees within the competitive service.

Repeal of Obsolete Provision on Temporary Employment

  • Section 680 repealed.

Temporary and Emergency Appointment Conditions

  • Temporary appointments without examination must be authorized by the Commissioner and limited to three months or shorter upon certification.
  • Unauthorized temporary appointments may result in liability for payment by appointing officials.

Repeal of Another Obsolete Provision

  • Section 683 repealed.

Attendance Records and Reports

  • Bureau chiefs must maintain daily attendance records and report monthly absences.
  • Falsification leads to summary removal and possible prosecution.

Political Activity Restrictions

  • Civil service employees, including military personnel, are prohibited from partisan political activities, forced contributions, or political solicitation.
  • Violations result in removal and possible prosecution.

Liability of Disbursing Officers for Illegal Payments

  • Disbursing officers paying unauthorized salaries face disallowance of amounts and salary withholding if responsible.
  • Certification of illegal holding of positions by the Civil Service Commissioner triggers this process.

Finality of Commissioner Decisions on Service Questions

  • Commissioner’s decisions on classification of positions or appointment legality are final unless reversed by the President on appeal.

Grounds and Procedure for Removal or Suspension

  • Removal or suspension requires lawful cause.
  • The President can suspend top officials pending investigations.
  • Bureau chiefs may suspend subordinates for serious misconduct pending investigation.

Administrative Discipline of Subordinates

  • The Commissioner may remove, suspend without pay, reduce salary, or deduct pay for neglect or rule violations.

Contract Requirement for U.S.-based Appointees

  • Prospective appointees residing in the U.S. must contract to serve at least two years unless released.
  • Breach of contract or removal for cause entails repayment of recruitment expenses and forfeiture of salary/travel allowances.
  • Breachers are barred from future civil service entry.

Appropriation of Funds

  • An appropriation of Forty Thousand Pesos is allocated to cover expenses from extending civil service law coverage.

Effectivity

  • The Act takes effect immediately upon approval.

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