CSC exclusive jurisdiction over cases
- Section 2 grants the Civil Service Commission (CSC) exclusive jurisdiction to investigate and decide cases involving examination irregularities under this Act.
- Section 2 makes the CSC’s jurisdiction applicable to both government employees and private individuals.
Key definitions and covered conduct
- Section 3(a) defines Civil Service Examination as all examinations administered by the CSC or examinations administered by other agencies in coordination with or through the assistance of the CSC.
- Section 3(a) defines Cheating as any act or omission before, during, or after a civil service examination that directly or indirectly undermines the sanctity and integrity of the examination, including:
- Impersonation.
- Use of “codigo” or crib sheets.
- Employing a “poste” (a person inside or outside the examination room who may or may not be a registered examinee) who provides examinees with answers, “codigo,” crib sheets, or other assistance to enhance passage chances.
- Tampering with examination records such as Answer Data Files, Application Forms, or the Picture-Seat Plan to facilitate the passing of an examinee who had failed.
- Collusion of whatever nature between examinees and examination personnel.
- Examinee number switching.
- Possession and/or use of fake certificate of eligibility.
- Other similar acts that facilitate passage, including acts committed by review centers or entities offering refresher courses or tutorials.
- Section 3(a) defines Cheats as all persons, or review centers, or entities offering refresher courses or tutorials who directly or indirectly commit cheating.
- Section 3(a) defines Examination-related material as any materials in whatever form used by the CSC to conduct the examinations or by other agencies that administer examinations in coordination with or through the assistance of the CSC; it includes computer or electronic program files and data, test questions, answer sheets, and test booklets.
- Section 3(a) defines Private Individuals as persons not yet considered government employees, as well as former government employees separated from the service, including individuals hired on job orders or contracts of service where no employment relationship subsists.
- Section 3(a) defines Review Center as entities—created or established formally or informally—by an individual or group to provide or assist through tutorial/review programs, seminars/training, intensive review preparation, simulation activities, and provision of documents or review materials, sometimes with assurance of passing or high possibility of passing.
Statistically improbable results
- Section 4 provides that any civil service examination result declared by the CSC as statistically improbable is prima facie evidence of the existence of an examination irregularity or cheating.
Unauthorized possession and use
- Section 5 provides that unauthorized possession and/or unauthorized use, reproduction, and/or dissemination in any form of examination materials in whole or in part—by an individual (private or government), group, or review center—from an unauthorized source is an act of cheating and is punishable under this Act.
- Section 5 makes the prohibition cover examination-material leaks and dissemination activities involving examination-related materials as defined in Section 3(a).
CSC investigative powers and enforcement
- Section 6 gives the CSC exclusive jurisdiction over administrative cases involving examination irregularities.
- Section 6 authorizes the CSC to investigate and prosecute on its own or on complaint by any person examination irregularity cases committed by private individuals, groups, or review centers.
- Section 6 authorizes the CSC to request any government agency for assistance and information necessary for effective discharge of responsibilities under this Act.
- Section 6 empowers the CSC to issue subpoena and subpoena duces tecum for production of documents and records pertinent to its investigation and inquiries.
- Section 6 requires officials, employees, or private individuals to extend assistance and information necessary to the CSC’s discharge of responsibilities; it authorizes the CSC to punish for contempt those who refuse without any valid cause.
- Section 6 requires the CSC to take a primary role in continuously reviewing examination systems and procedures to ensure integrity is not compromised.
Immunity for cooperating witnesses
- Section 7 authorizes the CSC to grant immunity from prosecution to any person whose testimony rests the prosecution and/or conviction of other individual(s) or groups perpetrating examination irregularities.
- Section 7 provides that persons granted immunity are exempted from administrative and criminal prosecution.
Imprisonment and fines
- Section 8 penalizes any person who commits prohibited acts covered by Section 3(b) with imprisonment of not less than six years and one day and not more than twelve (12) years, and a fine of not less than Fifty thousand pesos (P50,000.00).
- Section 8 imposes accessory penalties if the offender is a government employee, including:
- Dismissal from the service,
- Forfeiture of government benefits,
- Cancellation of eligibility,
- Bar from taking any government examination,
- Perpetual disqualification from reentering government service.
- Section 8 imposes accessory penalties if the offender is a nongovernment employee, including:
- Disqualification from taking any government examination, and
- Disqualification from entering the government service.
- Section 8 provides that if the person found guilty is an employee, owner, or member of the Board of Directors of a review center, that person is penalized under this Act and the license/permit to operate as review centers is revoked.
Administrative dismissal and lifelong barriers
- Section 9 provides that any person found administratively liable for acts mentioned above is liable for serious dishonesty and grave misconduct.
- Section 9 mandates that government employees found administratively liable are dismissed from the service with all accessory penalties for government employees.
- Section 9 mandates that nongovernment employees found administratively liable are perpetually barred from entering government service and from taking any government examination.
Implementing rules and regulations
- Section 10 requires the Civil Service Commission to promulgate the rules and regulations necessary to carry out the provisions of this Act.
Repeal and effectivity
- Section 11 repeals or amends all laws, presidential decrees, letters of instruction, executive orders, rules and regulations insofar as they are inconsistent with this Act.
- Section 12 provides that the Act takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Enactment, title, and approval
- Republic Act No. 9416 is titled “An Act Declaring as Unlawful Any Form of Cheating in Civil Service Examinations, Unauthorized Use and Possession of Civil Service Commission (CSC) Examination-Related Materials, and Granting the CSC Exclusive Jurisdiction Over These Cases Including Those Committed by Private Individuals.”
- Republic Act No. 9416 was approved March 25, 2007.
- Republic Act No. 9416 states that it is a consolidation of Senate Bill No. 2512 and House Bill No. 4435 and was finally passed by the Senate and House of Representatives on December 21, 2006 and January 31, 2007, respectively.