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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:
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.
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.
Sec.
3. The following shall be the
grounds for separation/replacement of personnel:
(1) Existence
of a case for summary dismissal pursuant to Section 40 of the Civil
Service
Law;
(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;
(4) Misuse
of public office for partisan political purposes;
(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.
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.
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.
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.
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.
Sec.
8. The decision of the
Committee shall be final. No request for reconsideration shall be
entertained.
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.
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.
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.
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.
Sec.
13. This Executive Order
shall take effect immediately.
DONE in the City of Manila, this 28th day of May, in the year of Our Lord, nineteen hundred and eighty-six..chan robles virtual law library
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