Law Summary
Scope and Classification of Positions
- The Civil Service covers all government branches and government-owned or controlled corporations.
- Appointments are to be made on merit and fitness, preferably via competitive examination.
- Positions are categorized into:
- Competitive (classified) service requiring prior examination.
- Non-competitive (unclassified) service including policy-determining, confidential, or highly technical roles.
- Exempt service which includes elective officers, military personnel, and contract employees.
Organization of the Civil Service Commission
- Establishes the Civil Service Commission headed by a Commissioner appointed by the President for a 9-year term.
- The Commissioner has department secretary rank and is a cabinet member.
- A Deputy Commissioner assists and acts in the absence of the Commissioner.
- Regional offices may be established for efficient service delivery.
Position Classification and Salaries
- The Wage and Position Classification Office classifies positions and standardizes salaries.
- Salary ranges are specified according to eligibility grades.
Departmental Personnel Administration
- Department heads are responsible for personnel management within their departments.
- Personnel actions must comply with Civil Service Laws and Commission guidelines.
Civil Service Board of Appeals
- Composed of a Chair and two members appointed by the President.
- It hears appeals on administrative cases related to personnel decisions.
- Decisions of the Board are final.
Council of Personnel Officers
- Composed of chief personnel officers from departments and selected agencies.
- Advises on personnel policies, promotes uniformity in personnel management, and serves as an information clearinghouse.
Examining Committees and Special Investigators
- The Commissioner may appoint examiners and investigators to assist in examinations, promotions, and investigations.
Qualifications and Salaries of Key Officials
- Commissioner and Deputy Commissioner must be Filipino citizens, at least 35 years old, and have 5 years of executive experience.
- Minimum annual salaries provided.
Powers and Duties of the Commissioner
- Advises the President on personnel management.
- Oversees enforcement of merit system laws.
- Supervises civil service examinations.
- Issues rules and conducts investigations.
- Has exclusive jurisdiction over appointments and disciplinary actions in the competitive service.
- Hears appeals on personnel actions.
Regional Directors
- Represent the Commissioner in their regions and execute assigned duties.
Duties of the Civil Service Board of Appeals
- Establish rules and hear appeals on personnel disciplinary matters.
- Must decide appeals within 90 days.
Duties of Public Officers
- All public officers must comply with and support the enforcement of the Civil Service Law.
Delegation of Authority
- The Commissioner may delegate authority to department heads and local government officials for personnel matters.
- Provincial and city treasurers are deputized to attest and test appointments locally.
Personnel Officers
- Each government department, agency, province, and city must have a personnel officer responsible for personnel management.
Personnel Policies: Position Classification and Pay
- Government policy mandates equal pay for equal work, with pay differences based on qualifications and duties.
- Considerations may include seniority, longevity, and family living wage.
Recruitment and Selection
- Employment opportunities open to all qualified citizens.
- Selection based on fitness and civil service eligibility.
- Promotion preference to qualified employees with seniority.
- Special examination provisions for non-eligible employees with continuous service and cultural minorities.
- Examination results are made public simultaneously.
Personnel Actions and Employment Status
- Personnel actions include appointment, promotion, transfer, demotion, separation, and reinstatement.
- Appointments may be permanent (after probation), provisional (with Commissioner approval), or temporary (limited duration).
- Limitations on non-competitive employees performing competitive service duties.
- Reduction in force rules require laying off least qualified employees based on fitness, efficiency, and seniority.
Career and Employee Development
- Continuous training and development programs to improve employee performance.
- Each agency develops in-service training per standards.
- Executive development programs organized by the University of the Philippines and cooperating government bodies.
Performance Rating System
- A performance rating system is established and regulated by the Commission.
- Ratings foster improvement and are part of personnel actions.
- Employees must be regularly informed of their ratings.
Employee Suggestions and Incentive Awards
- A government-wide incentive award system encourages suggestions and recognizes superior accomplishments.
- Monetary awards are capped and paid from departmental savings.
Employee Relations and Services
- Heads of agencies must promote good employee-supervisor relations and employee welfare.
- Employees have the right to present grievances and appeal decisions.
- Strikes are prohibited for government employees in governmental functions.
Political Activity Restrictions
- Civil service employees cannot engage in partisan political activities except voting.
- Expression of political views and mentioning preferred candidates is allowed.
Nepotism Prohibition
- Appointments favoring relatives within the third degree are prohibited with certain exemptions.
- Existing violations to be corrected and promotions/salary increases withheld until compliance.
Dual Compensation Prohibition
- Officers and employees are prohibited from receiving double compensation unless authorized by law.
Discipline and Due Process
- Removal or suspension only for cause with due process.
- Formal investigation rights and appeal mechanisms provided.
- Transfers without reduction in rank or salary do not constitute discipline.
Administrative Jurisdiction for Discipline
- Commissioner may impose penalties: removal, demotion, suspension, fines.
- Penalties must be fair and only one penalty per offense.
Preventive Suspension
- The President or bureau heads may impose preventive suspension pending investigation.
- Grounds include dishonesty, grave misconduct, or neglect.
Reinstatement after Suspension
- If the case is undecided within 60 days, suspended employees must be reinstated.
- Full back pay given if exonerated.
Appeals Process
- Decisions by the Commissioner can be appealed to the Civil Service Board of Appeals within 30 days.
- Procedures for reconsideration and appeal timing are detailed.
Removal of Administrative Penalties
- The President can commute or remove penalties upon recommendation.
Examination Fees
- The Commissioner may charge fees for examinations, not exceeding 2 pesos.
- Fees fund Commission expenses.
Appropriations
- Funds appropriated for regional offices and personnel for the fiscal year specified.
Prohibition on Waiver of Rights
- Applicants/employees cannot be required to waive rights under the Civil Service Law.
Authority to Administer Oaths
- Commission officials and authorized persons may administer oaths and take testimony in official matters.
Liability of Disbursing Officers
- Fiscal officers must not pay salaries unless appointments are certified by the Commissioner.
- Personal liability and possible administrative/criminal liability for improper payments.
Liability of Appointing Authorities
- Illegal appointments result in non-payment to appointees.
- The appointing authority is personally liable for such pay.
Penal Provisions
- Violations of the Act or rules are punishable by fines and/or imprisonment.
Repealing Clause
- Repeals inconsistent laws, sections of the Revised Administrative Code, and other prior enactments.
Separability Clause
- If any provision is invalidated, the rest of the Act remains effective.
Effectivity and Saving Clause
- The Act takes effect upon approval.
- Previously vested rights under the former law remain valid.