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.