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Chan Robles Virtual Law Library


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A collection of Philippine laws, statutes and codes
not included or cited in the main indices
of the Chan Robles Virtual Law Library

This page features the full text of President Corazon Cojuangco-Aquino's
Executive Order No. 17
PRESCRIBING RULES AND REGULATIONS FOR THE IMPLEMENTATION OF SECTION 2, ARTICLE III OF THE FREEDOM CONSTITUTION.
chan robles virtual law library


EXECUTIVE ORDER NO. 17
(Issued by President Corazon Cojuangco-Aquino)
 
 
PRESCRIBING RULES AND REGULATIONS FOR THE IMPLEMENTATION OF SECTION 2, ARTICLE III OF THE FREEDOM CONSTITUTION.
chan robles virtual law library
chan robles virtual law library
WHEREAS, Section 2, Article III of the Freedom Constitution provides that "all elective and appointive officials under the 1973 Constitution shall continue in office until otherwise provided by proclamation or executive order upon the designation or appointment and qualification of their successors, if such appointment is made within the period of one year from February 25, 1986";


chanrobles virtual law library

WHEREAS, in order to obviate unnecessary anxiety and demoralization among the deserving officials and employees, particularly in the career civil service, it is necessary to prescribe the rules and regulations for implementing the said constitutional provision to protect career civil servants whose qualifications and performance meet the standards of service demanded by the New Government, and to ensure that only those found corrupt, inefficient and undeserving are separated from the government service; chanrobles virtual law library

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Freedom Constitution, do hereby order:chanroblesvirtuallawlibrary chanrobles virtual law library

Section 1.  In the course of implementing Article III, Section 2 of the Freedom Constitution, the Head of each Ministry shall see to it that the separation or replacement of officers and employees is made only for justifiable reasons, to prevent indiscriminate dismissals of personnel in the career civil service whose qualifications and performance meet the standards of public service of the New Government. 

Any office, agency, instrumentality or government-owned or controlled corporation, which is not attached to any ministry, including any of the constitutional commissions and state colleges and universities, shall be considered a ministry for purposes of this Order.

The Ministry concerned shall adopt its own rules and procedures for the review and assessment of its personnel, including the identification of sensitive positions which require more rigid assessment of the incumbents, and shall complete such review/assessment as expeditiously as possible but not later than February 24, 1987 to prevent undue demoralization in the public service.  chanrobles virtual law library

Sec. 2.  The Ministry Head concerned, on the basis of such review and assessment, shall determine who shall be separated from the service. Thereafter, he shall issue to the official or employee concerned a notice of separation which shall indicate therein the reason/s or ground/s for such separation and the fact that the separated official or employee has the right to file a petition for reconsideration pursuant to this Order. Separation from the service shall be effective upon receipt of such notice, either personally by the official or employee concerned or on his behalf by a person of sufficient discretion.  chanrobles virtual law library

Sec. 3. The following shall be the grounds for separation/replacement of personnel:chanroblesvirtuallawlibrary chanrobles virtual law library

(1)  Existence of a case for summary dismissal pursuant to Section 40 of the Civil Service Law; chanrobles virtual law library

(2)  Existence of a probable cause for violation of the Anti-Graft and Corrupt Practices Act as determined by the Ministry Head concerned; 

(3)  Gross incompetence or inefficiency in the discharge of functions;  chanrobles virtual law library

(4)  Misuse of public office for partisan political purposes; chanrobles virtual law library

(5)  Any other analogous ground showing that the incumbent is unfit to remain in the service or his separation/replacement is in the interest of the service. chanrobles virtual law library

Sec. 4.  No court shall issue any restraining order or writ of preliminary injunction to enjoin the separation/replacement of any official or employee in the government service pursuant to this Order. chanrobles virtual law library

Sec. 5.  There is hereby created a Committee which shall act on all petitions for reconsideration filed by any official or employee separated from the service pursuant to this Order. The Committee shall be composed of the Minister of Justice, as Chairman, and the Executive Secretary, the Minister of the Budget, the Minister for Government Reorganization, the Chairman of the Civil Service Commission, and the Chairman of the Commission on Audit, or their duly designated representatives, as Members. The Committee shall be assisted by such number of hearing officers as it may designate. chanrobles virtual law library

Sec. 6.  A petition for reconsideration may be filed with the Committee by the separated official or employee within ten (10) days from receipt of the notice of separation. In the case of those already separated from the service upon the issuance of this Order, including those whose resignations were accepted or whose successors have been appointed/designated, the petition shall be filed within ten (10) days from date of publication of this Order in a newspaper of general circulation. chanrobles virtual law library

Sec. 7.  The Committee shall adopt its rules of procedure, provided that proceedings in the Committee shall be summary in nature. The decision of the Ministers concerned shall be final if not reversed or modified by the Committee within thirty (30) days from receipt of the petition for reconsideration. No permanent appointment shall be issued to replace an incumbent who is separated pursuant to this Order until the expiration of the aforementioned thirty-day period or the denial of the petition for reconsideration. chanrobles virtual law library

Sec. 8.  The decision of the Committee shall be final. No request for reconsideration shall be entertained.  chanrobles virtual law library

Sec. 9.  If the questioned separation from the service is reversed, the petitioner shall be reinstated to his former position, or shall be appointed to a position of comparable rank and salary in the Ministry or Bureau or office under said Ministry. In such cases, the petitioner shall be considered on vacation leave of absence without pay during the time he was out of the service.  chanrobles virtual law library

Sec. 10.  For purposes of this Order, appointment/designations of ministry or bureau assistant regional directors and officials of equivalent or lower rank shall be made by the Minister concerned.  chanrobles virtual law library

Sec. 11.  This Executive Order shall not apply to elective officials or those designated to replace them, presidential appointees, casual and contractual employees, or officials and employees removed pursuant to disciplinary proceedings under the Civil Service Law and rules, and to those laid off as a result of the reorganization undertaken pursuant toExecutiveOrderNo. 5.  chanrobles virtual law library

Sec. 12.  The amount of Five Hundred Thousand Pesos (P500,000.00) is hereby allotted from the Special Activities Fund for the effective implementation of this Order.  chanrobles virtual law library

Sec. 13.  This Executive Order shall take effect immediately. chanrobles virtual law library

DONE in the City of Manila, this 28th day of May, in the year of Our Lord, nineteen hundred and eighty-six. chanrobles virtual law library

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