Title
Civil Service Act Establishing Merit System
Law
Act No. 5
Decision Date
Sep 19, 1900
The Philippine Law on the Establishment and Maintenance of an Efficient and Honest Civil Service outlines the creation and responsibilities of the Philippine Civil Service Board, which is tasked with establishing and maintaining an efficient and honest civil service through the preparation of rules for appointments and promotions based on merit and competitive examinations.
A

Eligibility for Board Membership

  • Board members must be natives of the Philippines loyal to the U.S., or U.S. citizens.

Residency and Compensation of Board Members

  • Members must reside in Manila during tenure.
  • Annual salary of $3,000 plus travel expenses.
  • Chief Examiner receives an additional $500 annually.

Purpose and Duties of the Board

  • Establish and maintain an efficient and honest civil service for executive branches.
  • Appointments and promotions based on merit, competitive exams where applicable.
  • Civil service officers must support the implementation of Board rules.

Scope of Application

  • Applies to civilians appointed in executive branches under specified offices and officials, including Military Governor, Philippine Commission, Treasury, Auditor, and others.

Rules and Procedures Adopted by the Board

  • Classification of offices and employments.
  • Appointment through competitive/noncompetitive exams depending on the office.
  • Specific procedures for police, fire department, laborers, and promotions.
  • Probationary periods before permanent appointments.
  • Conduct of examinations in various Philippine cities and the U.S.
  • Transfer and reinstatement rules.
  • Language requirements for exams depending on applicant nationality.
  • Noncompetitive exams when competitive ones lack participants.
  • Physical examination requirements.
  • Age limits for entry.
  • Collection of applicant information.
  • Temporary employment rules capped at 90 days annually.
  • Power to adopt additional rules consistent with the Act’s goals.

Reporting and Accountability

  • Annual report by the Board to the Military Governor and Philippine Commission.
  • Includes proceedings, adopted rules, and improvement suggestions.

Examination Supervision

  • The Board supervises and controls all civil service examinations.
  • Designates officials or qualified persons to conduct and rate exams.
  • Provides for compensation of outside examiners when needed.

Investigative Powers of the Board

  • Authority to investigate enforcement matters.
  • Power to administer oaths, summon witnesses, and demand documents.

Office and Examination Facilities

  • Permanent office established in Manila.
  • Public buildings in Manila, Iloilo, and Cebu to be made available for exams.

Notification of Employment Changes

  • Heads of offices must promptly inform the Board of appointments, rejections, promotions, transfers, resignations, and vacancies.
  • The Board maintains records of these changes.

Enforcement of Compliance

  • Board certifies violations of the Act to disbursing and auditing officers.
  • Unauthorized salary payments are illegal; auditing officers liable on their official bonds.

Penalties for Corruption and Malfeasance

  • Fines up to $1,000, imprisonment up to one year, or both for corrupt practices involving examinations and appointments.
  • Applies to both offenders and beneficiaries of corrupt acts.

Prohibition on Political Discrimination

  • No inquiry or consideration of political or religious opinions for exams or promotions.
  • Disloyalty to the United States disqualifies civil service eligibility.

Oath Requirement for Applicants

  • Applicants must take an oath affirming allegiance to the U.S. and obedience to laws before exams.
  • Oath administered by justices of peace or Board members.

Restrictions on Political Contributions

  • Prohibits giving or receiving money or valuables for political purposes within the civil service.
  • Violations punishable by fine, imprisonment, and removal from office.
  • No obligation to contribute to political funds or service; solicitation also penalized.

Preference in Appointments

  • When qualifications are equal, preference to Philippine natives, then honorably discharged U.S. military personnel.

Exceptions to Examination Requirements

  • Certain high offices exempt from examination requirements for entrance or promotion.
  • After 18 months, vacancies in these offices filled from assistants without exams.

Transitional Provisions for Current Employees

  • Current civil service employees continue unless dismissed.
  • Board may require examinations to confirm fitness for their positions.

Exemptions for Public School Teachers

  • The Act does not apply to the selection of school teachers; special legislation governs them.

Promulgation of Rules

  • Board's rules promulgated by executive order of the Military Governor.

Temporary Appointments Prior to Implementation

  • Temporary appointments allowed until the Board certifies ready eligible lists.
  • Temporary appointees may participate in regular examinations.

Monetary References

  • All monetary sums refer to United States currency.

Certification of Existing Employees and Duties

  • Heads of offices must certify all employees, their duties, and compensation upon Board request.

Eligibility for Competitive Examinations

  • Applicants must be U.S. citizens, Philippine natives, or individuals with rights acquired under the Treaty of Paris.

Effectivity

  • The Act takes effect upon passage and is known as the "Civil Service Act."

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.