Law Summary
Exclusive Jurisdiction of the Civil Service Commission (CSC)
- CSC is given exclusive jurisdiction to investigate and decide on cheating and examination irregularity cases.
- This jurisdiction extends to government employees and private individuals alike.
Definitions of Key Terms
- Civil Service Examination: Exams administered by CSC or in coordination with CSC.
- Cheating: Acts or omissions that compromise exam integrity, including impersonation, use of crib sheets, "poste," tampering with records, collusion, examinee number switching, use of fake certificates, and similar acts.
- Cheats: Persons or entities (including review centers) directly or indirectly committing cheating.
- Examination-related Materials: Any materials used in examinations, including electronic program files, test questions, answer sheets, and test booklets.
- Private Individuals: Persons not currently government employees or former employees separated from service, including contract workers without employee status.
- Review Center: Entities (formal or informal) offering tutorial programs, review classes, or materials aimed at preparing examinees, sometimes assuring passing.
Prima Facie Evidence Through Statistically Improbable Results
- CSC may declare examination results statistically improbable.
- Such declaration serves as prima facie evidence of examination irregularities or cheating.
Unauthorized Possession and Use of Examination Materials
- Unauthorized possession, use, reproduction, or dissemination of examination materials, wholly or partially, by any person or entity is considered cheating.
Powers and Functions of the CSC
- Exclusive jurisdiction over administrative cases on examination irregularities.
- Authority to investigate and prosecute exam irregularities committed by private individuals, groups, or review centers.
- Power to request assistance and information from government agencies.
- Authority to issue subpoenas and subpoena duces tecum.
- Can punish contempt for refusal to cooperate without valid cause.
- Responsible for continuous review of examination systems and procedures to preserve integrity.
Immunity Provisions
- CSC may grant immunity from criminal and administrative prosecution to individuals whose testimony leads to the prosecution or conviction of others involved in examination irregularities.
Penalties for Offenses
- Imprisonment from six years and one day up to twelve years.
- Fine of not less than Fifty thousand pesos (P50,000.00).
- For government employees: dismissal, forfeiture of benefits, cancellation of eligibility, ban on taking government exams, and perpetual disqualification from public service.
- For non-government employees: disqualification from taking government exams and entering government service.
- Employees, owners, or board members of review centers committing offenses face penalties and revocation of licenses.
Administrative Liability
- Those found administratively liable face dismissal for government employees due to serious dishonesty and grave misconduct.
- Non-government employees face perpetual bar from taking government exams and entering government service.
Rule-Making Authority
- CSC is mandated to promulgate necessary rules and regulations to implement the Act effectively.
Repealing Clause
- All laws, orders, and regulations inconsistent with the provisions of this Act are repealed or amended accordingly.
Effectivity
- The Act takes effect fifteen (15) days after its publication in the Official Gazette or a newspaper of general circulation.