Title
Rules on appointing and separating secret agents
Law
Executive Order No. 264
Decision Date
Apr 1, 1940
Manuel L. Quezon establishes a uniform procedure for the appointment and separation of secret agents, detectives, and confidential employees in government, requiring approval from the Secretary of the Interior or the President for such appointments.
A

Appointment Procedures for Local Government Confidential Positions

  • No appointment to secret agent or detective positions in provinces and cities may be made by governors or city mayors without approval from the Secretary of the Interior.
  • Applies specifically to positions under Section 671(j) and 671(l) of the Administrative Code, as amended.

Appointment Procedures for National Government Confidential Positions

  • Departments must submit appointments to similar confidential positions to the President for approval.
  • Ensures executive oversight over appointments in the National Government.

Separation and Termination for Lack of Trust or Confidence

  • Termination of secret agents or confidential employees for lack of trust or confidence must be clearly justified in writing.
  • Applies especially when the employee has passed civil service examinations.

Disciplinary Actions and Separation under Civil Service Rules

  • Disciplinary or separation actions for causes under Section 695 of the Administrative Code are to be handled by the Civil Service Commissioner.
  • The process follows procedures set by civil service laws and regulations, ensuring due process and proper authority.

Legal Authority and Endorsement

  • Executed under the authority of Executive Order No. 264, promulgated by President Manuel L. Quezon.
  • Enforces oversight by the Secretary of the Interior and the President to maintain control over sensitive government positions.
  • Ensures adherence to civil service standards in appointment and separation practices.

Summary of Key Legal Concepts

  • Uniformity in handling confidential appointments and separations.
  • Requirement of high-level executive approval for key confidential roles.
  • Protection of civil service rights and due process in disciplinary or removal actions.
  • Clear documentation and justification when trust or confidence issues arise.
  • Empowerment of the Civil Service Commission to enforce civil service rules for confidential personnel.

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