CSC exclusive jurisdiction and coverage
- The Civil Service Commission (CSC) exercises exclusive jurisdiction to investigate and decide examination irregularity and cheating cases.
- CSC jurisdiction covers both government employees and private individuals.
- CSC authority includes cases committed by private individuals, groups, and review centers.
Core definitions for enforcement
- A “Civil Service Examination” 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.
- “Cheating” includes impersonation.
- “Cheating” includes use of “codigo” or crib sheets.
- “Cheating” includes employing a “poste” (a person inside or outside the examination room) who provides examinees with answers or “codigo” or crib sheets, regardless of whether the “poste” is a registered examinee.
- “Cheating” includes tampering with examination records such as Answer Data Files, Application Forms, or the Picture-Seat Plan to facilitate the passing of an examinee who has failed.
- “Cheating” includes collusion between examinees and examination personnel of whatever nature.
- “Cheating” includes examinee number switching.
- “Cheating” includes possession and/or use of a fake certificate of eligibility.
- “Cheating” includes other acts of similar nature that facilitate passing, including acts committed by review centers or entities offering refresher courses or tutorials.
- “Cheats” includes all persons or review centers or entities offering refresher courses or tutorials who directly or indirectly commit the act of cheating.
- “Examination-related material” refers to materials in any form used by the CSC in conducting the examinations or by other agencies administering examinations in coordination with or through the assistance of the CSC, including computer or electronic program files and data, test questions, answer sheets, and test booklets.
- “Private Individuals” are persons not yet considered government employees and former government employees separated from the service, and individuals hired by government agencies based on job orders or contracts of service where no employment relationship subsists between the individuals and the hiring agencies.
- “Review Center” refers to entities created or established formally or informally by an individual or group of individuals to provide, conduct, specialize, and/or assist through tutorial programs and/or review classes, review programs, seminars/training programs, advanced subject/course orientation, intensive and comprehensive test preparation, familiarity with scope through simulation activities, and provision of documents or review materials, including programs sometimes with assurance of passing or high possibility of passing, for civil service examinations and other examinations conducted in coordination with and/or through the assistance of the CSC.
Statistically improbable results as evidence
- Any civil service examination result declared by the CSC as statistically improbable is prima facie evidence of the existence of an examination irregularity or a form of cheating.
Unauthorized possession and use of exam materials
- Unauthorized possession and/or unauthorized use, reproduction, and/or dissemination in any form of examination materials in whole or in part is an act of cheating.
- The act applies when the examination materials are obtained from an unauthorized source.
- The prohibition applies to an individual either private or government employee, and to groups and review centers.
CSC powers, functions, and investigatory tools
- The CSC has exclusive jurisdiction over administrative cases involving examination irregularities.
- The CSC may investigate and prosecute on its own or upon complaint by any person any examination irregularity cases committed by private individuals, groups, or review centers.
- The CSC may request any government agency for assistance and information necessary for effective discharge of its responsibilities.
- The CSC may issue subpoena and subpoena duces tecum for the production of documents and records pertinent to its investigations and inquiries.
- The CSC may punish for contempt any official, employees, or private individual who refuses, without valid cause, to extend assistance and information necessary for discharge of its responsibilities.
- The CSC has the primary role in continuously reviewing examination systems and procedures to ensure integrity is not compromised.
Immunity based on testimony
- The CSC may grant immunity from prosecution to any person when the testimony of that person rests the prosecution and/or conviction of other individual/s or groups perpetrating examination irregularities.
- Persons granted immunity are exempted from administrative and criminal prosecution.
Criminal penalties and accessory consequences
- Any person who commits any prohibited act covered by Section 3(b) is punishable upon conviction by imprisonment of not less than six years and one day and not more than twelve (12) years, and a fine of not less than PHP 50,000.00.
- If the offender is already a government employee, the 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.
- If the offender is a nongovernment employee, the accessory penalties include:
- disqualification from taking any government examination, and
- from entering the government service.
- If the person found guilty is an employee, owner, or member of the Board of Directors of a review center, the person is likewise penalized under the Act, and the license/permit to operate as a review center is revoked.
Administrative liability and dismissal/bar
- Any person found administratively liable under the acts mentioned above is liable for serious dishonesty and grave misconduct.
- If a government employee is found administratively liable, the penalty is dismissal from the service, with all accessory penalties for government employees.
- If a nongovernment employee is found administratively liable, the penalty is perpetual bar from entering government service and from taking any government examination.
Implementing rules, repeals, and effectivity
- The CSC must promulgate the rules and regulations necessary to carry out the Act.
- All laws, presidential decrees, letters of instruction, executive orders, and rules and regulations inconsistent with the Act are repealed or amended as the case may be.
Issuance details and effectivity
- Republic Act No. 9416 is titled “Anti-Cheating in Civil Service Exams Act.”
- The Act is approved on March 25, 2007.
- The Act takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.