Title
Optimum Personnel Utilization via Attrition in Gov't
Law
Republic Act No. 7430
Decision Date
Apr 15, 1992
Republic Act No. 7430 establishes a system of attrition in the Philippine government, reducing personnel through various means and prohibiting appointments to fill vacated positions for five years, with violations carrying penalties; the Civil Service Commission plays a crucial role in monitoring compliance, issuing regulations, and providing recommendations to improve the efficiency of the civil service.

Law Summary

Definitions

  • "Attrition" means reduction of personnel due to resignation, retirement, dismissal, death, or transfer.
  • "Government" includes National Government and all its instrumentalities, government-owned or -controlled corporations and subsidiaries, but excludes local government units.

System of Attrition: Restrictions on Appointments

  • For five years from the law's approval, no appointments to be made to fill vacated positions caused by resignation, retirement, dismissal, death, or transfer.
  • Exceptions where appointment is allowed include:
    • Head of primary organic units (e.g., chief of division).
    • Lone positions requiring particular expertise essential to unit capability.
    • Basic positions for newly created or activated agencies or vital for efficient agency operation.
    • Positions difficult to fill based on qualifications (doctors, lawyers, professionals).
    • Positions in agencies declared understaffed.
    • Positions in Congress or Judiciary.
    • Appointments or designations extended by the President.
    • Positions in local government units.
    • Teaching personnel.
    • Replacements appointed from existing employees.
  • Exemptions require Civil Service Commission (CSC) authorization.
  • No appointment can be issued or approved without CSC authorization.
  • Appointments violating the Act are null and void.

Penalties for Violation

  • Appointing authorities violating the Act may face:
    • Imprisonment: 3 to 6 months.
    • Fine: Php 3,000 to Php 5,000.
    • Both imprisonment and fine at court's discretion.
  • Personal liability of appointing authority for salary of unlawfully appointed employee.
  • Disbursing official to pay employee from appointing authority's salary.

Reporting and Monitoring

  • The Civil Service Commission to monitor compliance and submit annual reports to President and Congress.
  • Reports to include:
    • Number of authorized positions.
    • Number of officers/employees at year-end.
    • Number and categorization of personnel separations (resignation, retirement, dismissal, death, transfer).
    • Number of new recruits.
    • Number of vacancies at year-end.
  • CSC to conduct personnel effectiveness audits to determine staffing levels and minimum/maximum requirements.
  • Work study on program evaluation over five years and feasibility of extension.
  • Audit reports and work study to be submitted with recommendations to President and Congress.

Rulemaking Authority

  • CSC to issue necessary implementing rules and regulations for effective application of the Act.

Repealing Clause

  • Inconsistent laws, decrees, orders, or parts thereof are repealed or modified accordingly.

Effectivity

  • The Act takes effect 15 days after publication in at least two newspapers of general circulation.

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