Law Summary
Grounds and Conditions for Removal of Career Service Employees
- Removal allowed only for valid cause after due notice and hearing.
- Valid cause includes bona fide reorganization that abolishes or renders positions redundant, mergers, divisions, or consolidations to meet service exigencies.
- Other lawful causes under Civil Service Law apply.
- Evidence of bad faith in removal includes:
- Increase in positions while removing incumbents.
- Replacement of incumbents by less qualified personnel.
- Creation of new offices performing substantially same functions as abolished ones.
- Reclassification preserving same functions.
- Violation of prescribed order of separation.
Order of Separation in Reorganization
- Layoff order:
- Casual employees with less than 5 years of service.
- Casual employees with 5 or more years.
- Temporary employees.
- Permanent employees.
- Within categories, the least qualified in performance and merit are laid off first, disregarding length of service.
Preference in Appointment to New Positions
- Permanent employees are given preference for appointment to comparable new positions or next lower rank if comparable positions are insufficient.
- No recruitment of new employees until all qualified permanent, temporary, and casual employees have been appointed.
- Exception for policy-determining, confidential, or highly technical positions.
Preference for Appointment in Other Agencies
- Permanent employees meeting qualifications have preference for appointment to positions in other agencies.
Placement Committee and Personnel Selection
- Creation of a Placement Committee to assist appointing authority in personnel selection.
- Committee composed of:
- Two (2) members appointed by the department/agency head.
- Representative of the appointing authority.
- Two (2) employee-elected members from career service.
- Representative of registered employee association if majority exists.
- Approved staffing pattern made known to all employees who may apply for positions.
- Committee considers applications in placement decisions.
Transparency and Appeal Procedures
- List of personnel appointed to authorized positions communicated to all employees.
- Aggrieved employees may appeal to appointing authority within 30 days.
- Further appeal to Civil Service Commission within 10 days if dissatisfied.
- Civil Service Commission decision is final and executory.
Reinstatement, Separation Pay, and Benefits
- Employees separated in violation must be reinstated or reappointed without loss of seniority and with back pay.
- Entitlement to separation pay, retirement, and other benefits under existing laws, payable within 90 days.
- If not entitled to benefits, separation gratuity of one month salary per year of service granted.
- Separation payments have priority from savings of concerned department or agency.
Penalties for Violation
- Heads of government bodies who willfully violate the law face:
- Fine up to P10,000.
- Imprisonment of 3 to 5 years.
- Both fine and imprisonment at court discretion.
- Permanent disqualification from public office.
Implementation Timeline and Authority
- Authorized reorganization schemes to be implemented within periods specified by law.
- For 1987 executive branch reorganization, 90 days from approval of this Act to implement plans.
- Civil Service Commission to promulgate implementing rules and regulations.
Repeal, Retroactivity, Severability, and Effectivity
- Laws inconsistent with this Act are repealed or modified accordingly.
- Rights and benefits under the Act retroactive to June 30, 1987.
- Invalidity of any part does not affect the rest of the Act.
- Act takes effect 15 days after publication in at least two newspapers of general circulation.