Title
Creation of the Merit Systems Board
Law
Presidential Decree No. 1409
Decision Date
Jun 8, 1978
Presidential Decree No. 1409 establishes the Merit Systems Board within the Civil Service Commission to promote personnel growth and development in the civil service, with the power to hear and decide administrative cases and complaints of civil service employees.
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Composition and Appointment

  • Comprised of a Commissioner and Associate Commissioners.
  • Members appointed by the Civil Service Commission.
  • Removal only for cause as provided by law.

Qualifications of Members

  • Commissioner and Associate Commissioners must have qualifications equivalent to judges of the court of first instance.

Salary of Members

  • Commissioner to receive a minimum annual salary of P42,000.
  • Associate Commissioners to receive a minimum annual salary of P36,000.

Powers and Functions of the Merit Systems Board

  • Hear and resolve administrative cases involving civil service officers and employees.
  • Address grievances regarding appointments, promotions, transfers, details, reassignments, and other personnel actions.
  • Mange complaints against government officials arising from abuses related to personnel actions or merit system violations.
  • Investigate complaints of malpractices among civil service employees.
  • Formulate rules and regulations, subject to CSC approval, to implement its functions.
  • Administer oaths, issue subpoenas, and conduct investigations or inquiries.
  • Authority to punish for contempt following court rules.
  • May delegate hearing officers from other government departments with CSC approval.
  • Maintain a small staff including lawyers and clerks appointed by the CSC Chairman.
  • Receive assistance from the Office of Legal Affairs consisting of prosecutors and defense lawyers.

Functions of the Commissioner

  • Serves as the Executive Officer of the Merit Systems Board.
  • Implements policies, rules, orders, and resolutions approved by the Board.
  • Supervises operations and internal administration.
  • Prescribes operating procedures.
  • Performs additional functions as assigned by the CSC.

Duties and Responsibilities of Associate Commissioners

  • Share responsibility with the Commissioner for rule-making and adjudicative functions.
  • Senior Associate Commissioner acts as temporary head during the Commissioner’s absence or disability.

Relationship with the Civil Service Commission

  • Decisions involving removal from service are automatically reviewed by the CSC.
  • CSC reviews appeals from other Board decisions.
  • CSC decisions are final and only subject to court review.

Restructuring of the Office of Legal Affairs

  • Divided into three divisions:
    • Pool of prosecutors.
    • Pool of defense lawyers providing legal assistance to civil service employees.
    • Advisers to the CSC in appellate and review functions.

Effectivity

  • The decree became effective upon approval on June 8, 1978.

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