PRESIDENTIAL
DECREE NO. 807PROVIDING
FOR THE ORGANIZATION OF THE CIVIL SERVICE COMMISSION IN ACCORDANCE WITH
THE PROVISIONS OF THE CONSTITUTION,
PRESCRIBING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES.
Whereas, the Constitution
provides for organization of a Civil Service Commission which shall
establish
a career service and adopt measures to promote morale, efficiency and
integrity
in the government service;
Whereas, Presidential Decree No. 110 dated January 26, 1973
declared
the Civil Service Commission envisioned in the Constitution
in existence, providing guidelines for its operation;
Whereas, there is a need for the immediate organization of the
Civil
Service Commission in order to enable it to carry out its mission as
mandated
by the Constitution;
and
Whereas, the former Civil Service Commission created under Republic
Act No. 2260, as amended, and as organized under the Integrated
Reorganization
Plan may serve as the nucleus of the Civil Service Commission.chanrobles virtual law library
Now, therefore, I, Ferdinand E. Marcos, President of the
Philippines,
by virtue of the powers vested in me by the Constitution,
do hereby decree and order.chanrobles virtual law library
Article
1. Title
Section 1.
This Decree shall be known as the "Civil Service Decree of the
Philippines."
Article
II. Declaration of Policy
Sec. 2. It
shall be the policy of the State to insure and promote the
Constitutional
mandate that appointments in the Civil Service shall be made only
according
to merit and fitness, to provide within the public service of personnel
administration, and to adopt measures to promote morale and the highest
degree of responsibility, integrity, loyalty, efficiency, and
professionalism
in the Civil Service; that the Civil Service Commission shall be the
central
personnel agency to set standards and to enforce the laws and rules
governing
the selection, utilization, training, and discipline of civil servants;
that a public office is a public trust and public officers shall serve
with the highest degree of responsibility, integrity, loyalty and
efficiency
and shall remain accountable to the people; and that action on
personnel
matters shall be decentralized, with the different departments and
other
offices or agencies of the government delegating to their regional
offices
or other similar units, powers and functions.chanrobles virtual law library
Article
III. Definition of Terms
Sec. 3. As
used in this Decree, the following shall be construed thus:
a. "Agency"
means any bureau, office, commission, administration, board, committee,
institute, corporation, whether performing governmental or proprietary
function, or any other unit of the National Government, as well as
provincial,
city or municipal government, except as hereinafter otherwise provided.chanrobles virtual law library
b. "Appointing officer" is the person or body authorized by law to
make
appointments in the Philippine Civil Service.chanrobles virtual law library
c. "Class"
includes all positions in the government service that are sufficiently
similar as to duties and responsibilities and require similar
qualifications
that can be given the same title and salary and for all administrative
and compensation purposes, be treated alike.chanrobles virtual law library
d. "Commission" refers to the Civil Service Commission.chanrobles virtual law library
e. "Chairman"
refers to the Chairman of the Commission
f. "Commissioner" refers to either of the two other members of the
Commission.chanrobles virtual law library
g. "Department"
includes any of the executive departments or entities having the
category
of a department including the judiciary, Commission on Elections and
Commission
on Audit.chanrobles virtual law library
h. "Eligible"
refers to a person who obtains a passing grade in a civil service
eligibility
and whose name is entered in the register of eligibles.chanrobles virtual law library
i. "Examination"
refers to a civil examination conducted by the Commission and its
regional
offices or by other departments or agencies with the assistance of the
Commission, or in coordination or jointly with it, and those that it
may
delegate to departments and agencies pursuant to this Decree, or those
that may have been delegated by law.chanrobles virtual law library
j. "Form" refers to those prescribed by the Civil Service Commission.chanrobles virtual law library
Article
IV. Scope of the Civil Service
Section 4.
Position Embraced in the Civil Service. - The Civil Service
embraces
every branch, agency, subdivision, and instrumentality of the
government,
including every government-owned or controlled corporations whether
performing
governmental or proprietary function.chanrobles virtual law library
Positions in
the Civil Service shall be classified into career service and
non-career
service.chanrobles virtual law library
Sec. 5. The
Career Service shall be characterized by (1) entrance based on merit
and
fitness to be determined as far as practicable by competitive
examinations,
or based on highly technical qualifications; (2) opportunity for
advancement
to higher career positions; and (3) security of tenure.chanrobles virtual law library
The Career Services
shall include:
1. Open
Career positions for appointment to which prior qualification in an
appropriate
examination is required;
2.
Closed
Career positions which are scientific or highly technical in nature;
these
include the faculty and academic staff of state colleges and
universities,
and scientific and technical positions in scientific or research
institutions
which shall establish and maintain their own merit systems;
3.
Positions
in the Career Executive Service, namely, Undersecretary, Assistant
Secretary,
Bureau Director, Assistant Regional Director, Chief of Department
Service
and other officers of equivalent rank as may be identified by the
Career
Executive Service Board, all of whom are appointed by the President;
4.
Career
officers, other than those in the Career Executive Service, who are
appointed
by the President, such as the Foreign Service Officers in the
Department
of Foreign Affairs;
5.
Commissioned
officers and enlisted men of the Armed Forces which shall maintain a
separate
merit system;
6.
Personnel
of government-owned or controlled corporations, whether performing
governmental
or proprietary functions, who do not fall under the career service; and
7.
Permanent
laborers, whether skilled, semi-skilled, or unskilled.chanrobles virtual law library
Sec. 6. The Non-Career
Service shall be characterized by (1) entrance on bases other than
those
of the usual tests of merit and fitness utilized for the career
service;
and (2) tenure which is limited to a period specified by law, or which
is coterminous with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular project
for
which purpose employment was made.chanrobles virtual law library
The Non-Career
Service shall include:
1.
Elective
officials and their personal or confidential staff;
2.
Department
Heads and other officials of Cabinet rank who hold positions at the
pleasure
of the President and their personal or confidential staff(s);
3.
Chairman
and members of commissions and boards with fixed terms of office and
their
personal or confidential staff;
4.
Contractual
personnel or those whose employment in the government is in accordance
with a special contract to undertake a specific work or job, requiring
special or technical skills not available in employing agency, to be
accomplished
within a specific period, which in no case shall exceed one year, and
performs
or accomplishes the specific work or job, under his own responsibility
with a minimum of direction and supervision from the hiring agency; and
5.
Emergency
and seasonal personnel.chanrobles virtual law library
Sec. 7. Classes
of Positions in the Career Service. - (a) Classes of positions in
the
career service appointment to which requires examinations shall be
grouped
into three major levels as follows:
1. The
first level shall include clerical, trades, crafts, and custodial
service
positions which involve non-professional or subprofessional work in a
nonsupervisory
or supervisory capacity requiring less than four years of collegiate
studies;
2. The
second level shall include professional, technical, and scientific work
in a non-supervisory or supervisory capacity requiring at least four
years
of college work up to Division Chief level; and
3. The
third level shall cover positions in the Career Executive Service.chanrobles virtual law library
(b) Except as herein
otherwise provided, entrance to the first two levels shall be through
competitive
examinations, which shall be open to those inside and outside the
service
who meet the minimum qualification requirements. Entrance to a higher
level
does not require previous qualification in the lower level. Entrance to
the third level shall be prescribed by the Career Executive Service
Board.chanrobles virtual law library
(c) Within the
same level, no civil service examination shall be required for
promotion
to a higher position in one or more related occupational groups. A
candidate
for promotion should, however, have previously passed the examination
for
that level.chanrobles virtual law library
Article
V. Organization and Functions
Sec. 8. Composition
of the Civil Service Commission. - (a) An independent Civil
Service
Commission, hereinafter referred to as the Commission is hereby
established
composed of a Chairman and two Commissioners, who shall be responsible
for the effective discharge of the functions of the Commission. They
shall
be appointed by the President for a term of seven years without
reappointment.
Of the Commissioners first appointed, one shall hold office for seven
years,
another for five years, and the third for three years: Provided,
that appointment to any vacancy shall be only for the unexpired portion
of the term of the predecessors.chanrobles virtual law library
(b) To
be eligible for appointment as Chairman or Commissioners, a person
should
be a natural born citizen of the Philippines, at least thirty-five
years
of age at the time of appointment, a holder of a college degree and
must
not have been a candidate for any elective position in the election
immediately
preceding his appointment.chanrobles virtual law library
(c) The
Chairman and each Commissioner shall receive an annual compensation of
sixty thousand pesos and fifty thousand pesos which shall not be
decreased
during their continuance in office: Provided, That no member
of
the Commission shall, during his tenure in office, engage in the
practice
of any profession or in the management of any businesses, or be
financially
interested directly or indirectly in any contract with, or in any
franchise
or privilege granted by, the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations.chanrobles virtual law library
Sec. 9. Powers
and Functions of the Commission. - The Commission shall administer
the Civil Service and shall have the following powers and functions:
a.
Administer
and enforce the constitutional and statutory provisions on the merit
system;
b.
Prescribe,
amend and enforce suitable rules and regulations for carrying into
effect
the provisions of this Decree. These rules and regulations shall become
effective thirty days after publication in the Official Gazette or in
any
newspaper of general circulation.chanrobles virtual law library
c.
Promulgate
policies, standards, and guidelines for the Civil Service and adopt
plans
and programs to promote economical, efficient, and effective personnel
administration in the government; and prescribe all forms for
publications,
examinations, appointments, reports, records, and such other forms as
may
be required under this Decree;
d.
Advise
the President on all matters involving the personnel management in the
government service and assist in the improvement of personnel units and
programs in the departments and agencies;
e.
Appoint
its personnel and exercise overall supervision and control over the
activities
of the Commission;
f.
Supervise
and coordinate the conduct of civil service examinations being
administered
by the departments concerned as provided for under Paragraph 5, Article
III, Chapter II, Part III of the Integrated Reorganization Plan;
g.
Provide
leadership and assistance in formulating, administering, and evaluating
programs relative to the development and retention of a competent and
efficient
work force in the public service;
h.
Approve
all appointments, whether original or promotional, to positions in the
civil service, except those presidential appointees, members of the
Armed
Forces of the Philippines, police forces, firemen, and jailguards, and
disapprove those where the appointees do not possess the appropriate
eligibility
or required qualifications. An appointment shall take effect
immediately
upon issue by the appointing authority if the appointee assumes his
duties
immediately and shall remain effective until it is disapproved the
Commission,
if this should take place, without prejudice to the liability of the
appointing
authority for appointments issued in violation of existing laws or
rules: Provided, finally, That the Commission shall keep a
record of
appointments
of all officers and employees in the civil service. All appointments
requiring
the approval of the Commission as herein provided, shall be submitted
to
it by the appointing authority within thirty days from issuance,
otherwise,
the appointment becomes ineffective thirty days thereafter.chanrobles virtual law library
i.
Inspect
and audit periodically the personnel work programs of the different
departments,
bureaus, offices, agencies and other instrumentalities of the
government,
including government-owned or controlled corporations, conduct periodic
review of decisions and actions of offices or officials to whom
authority
has been delegated by the Commission as well as the conduct of the
officials
and employees in these offices and apply appropriate sanctions whenever
necessary;
j. Hear
and decide administrative disciplinary cases instituted directly with
in
accordance with Section 37 or brought to it on appeal;
k.
Issue
subpoena duces tecum or require the production of books and papers
pertinent
to investigations and inquiries to be made by the Commission in
accordance
with its authority conferred by the Constitution, this Decree, and
other
laws, decrees, or letters of instructions issued by the President;
summon
witnesses to appear at such investigation or inquiries;
l.
Submit
to the President an annual report which shall contain an adequate
evaluation
of the progress of the merit system and the problems encountered in its
implementation; and
m.
Perform
such other functions as properly belong to a central personnel agency.chanrobles virtual law library
Sec. 10. Duties
and Responsibilities of the Chairman. -
a.
Subject
to policies and resolution adopted by the Commission, the Chairman
shall:
1.
Direct
the operations of the Commission including those pertaining to its
internal
administration;
2.
Establish
standard operating procedures for the effective operations of the
Commission;
3.
Transmit
to the President, rules, regulations, and other guidelines adopted by
the
Commission which require Presidential attention including annual and
other
periodic reports as may be necessary;
Issue
appointments
to, and enforce decision on administrative discipline involving
officials
and employees of the Commission;
4.
Delegate
authority for the performance of any function to officials of the
Commission;
5.
Submit
the annual and supplemental budgets of the Commission; and
6.
Perform
such other functions as may be provided by law.chanrobles virtual law library
b. In
his
capacity as member of the Career Executive Service Board, he shall
present
appropriate viewpoints in the deliberation of the Board are properly
harmonized
with the overall policies and programs of personnel management in the
government.chanrobles virtual law library
c.
There
shall be an Executive Director in the Office of the Chairman who shall
be responsible for the effective implementation of the policies, rules
and standards promulgated by the Commission, to coordinate and
supervise
the activities of the different offices in the Commission including
those
of the regional offices; to report to the Chairman the operations of
such
functions as may be assigned to him by the Chairman.chanrobles virtual law library
Sec. 11. Duties
and Responsibilities of the Other Members of the Commission. - Jointly
with the Chairman, the two Commissioners shall be responsible for the
effective
exercise of the rule-making and adjudicative functions of the
Commission.
In case of the absence of the Chairman, owing to the illness or other
cause,
the senior member shall temporarily perform the functions of the
Chairman.chanrobles virtual law library
Sec. 12. Offices
in the Commission. - The Commission shall carry out its
functions through the following Offices and Service: (1) Office of
Recruitment,
Examination and Selection, (2) Office of Career and Employee
Development,
(3) Office of Personnel Planning and Program Evaluation, (4) Office of
Personnel Relations, (5) Office of Legal Affairs, and (6)
Administrative
Service. It shall keep and maintain such regional offices as the
exigencies
of the service so require in accordance with the pertinent provisions
of
Chapter III, Part II of the Integrated Reorganization Plan, or as may
be
provided by law.chanrobles virtual law library
1. The
Office of Recruitment, Examination and Selection, headed by a Director,
shall provide leadership and assistance in developing and implementing
the overall Commission program relating to recruitment, examination and
selections.chanrobles virtual law library
2. The
Office of Career and Employee Development, headed by a Director, shall
provide leadership and assistance to line agencies in formulating,
administering,
and evaluating programs relating to the development and retention of
skilled
and efficient work force in the public service, develop policies,
standards
and procedures on the establishment and administration of departmental
and agency career and personnel development plans shall include
provisions
on merit promotions, performance evaluation, in-service training, job
rotation,
suggestions and incentive awards system; integrate such plans into a
national
plan; and monitor and evaluate progress in connection therewith.chanrobles virtual law library
3. The
Office of Personnel Planning and Program Evaluation. Headed by a
director,
shall provide the Commission with economical, efficient, and effective
service relating to policy development, program planning, research and
statistics, budgetary and management service; and shall conduct
periodic
evaluation of personnel management programs and performance of the
different
departments and agencies of the national government, including
government-owned
or controlled corporations.chanrobles virtual law library
4. The
Office of Personnel Relations, headed by a Director, shall provide
leadership
and assistance in developing employee relations programs in the
different
departments and agencies, including the establishment of employee
organizations
and the coordination of their activities.chanrobles virtual law library
5. The
Office of Legal Affairs, headed by a Director, shall assist the
Commission
on all matters relating to administrative discipline and in its
quasi-judicial
and rule-making functions and the prosecution of the violation of Civil
Service Law and Rules and laws affecting the Civil Service and such
other
functions as may be assigned by the Chairman.chanrobles virtual law library
6. The
Administrative Service, headed by a Director, shall provide the
Commission
with economical, efficient, and effective services relating to
personnel,
records, supplies, equipment, collection, disbursements, accounting,
and
data processing a custodial services.chanrobles virtual law library
Sec. 13. Regional
Offices. - Each regional office of the Commission shall
exercise
the following authority:
a.
Enforce
Civil Service Law and Rules in connection with personnel actions of
national
and local government agencies within the region, and conduct of public
officers and employees;
b.
Conduct
recruitment and examination for government-wide position in the region;
c.
Provide
technical advice and assistance to public agencies within the region
regarding
personnel administration; and
d.
Perform
such other functions as may be assigned to it by the Commission.chanrobles virtual law library
Sec. 14. Authority
to Reorganize. - In order to carry out the powers and functions set
forth in this Decree, the Commission is hereby authorized to reorganize
the internal structure of the Commission subject to the approval of the
President: Provided, however, That this authority shall not
extend
beyond December 31, 1976.chanrobles virtual law library
Article
VI. Responsibilities of Public Officers and Employees
Sec. 15. Duties
of Public Officers. - Public office is a public trust.
Public
officers and employees shall serve with the highest degree of
responsibility,
integrity, loyalty, and efficiency, and shall remain accountable to the
people.chanrobles virtual law library
Article
VII. Civil Service Assistance to Departments and Agencies.
Sec. 16.
Each head of department, office, agency, government-owned or controlled
corporation and local government shall have a head for personnel
administration
in his office which shall be in accordance with the provision relating
to civil service embodied in the Constitution,
this Decree and the rules, principles, standards, guidelines and
regulations
established by the Commission. Whenever it deems it in the interest of
the public service, the Civil Service Commission shall organize in each
department, office, agency, government-owned or controlled corporation,
and provincial and city government, a Civil Service Staff which shall
be
headed by an officer of the Commission. The necessary staff personnel
and
office facilities and equipment shall be provided by the department,
government-owned
or controlled corporation or local government where the staff is
established
but the Commission may augment these with its own. This shall serve as
the principal liaison between the civil service and the Department
concerned
and shall perform the following specific functions and those functions
which may hereafter be assigned to it by the Commission:
1.
Provide
technical assistance in all aspects of personnel management;
2.
Monitor
and audit periodically the personnel practices and performance of the
Department
or agency concerned as well as those of public officers and employees
thereat;
3.
Determine
agency compliance with Civil Service Law and rules, and
4. In
the performance of these functions, the staff shall welcome and receive
from public any suggestions, observations and complaints pertaining to
the conduct of public officers and employees.chanrobles virtual law library
In the performance
of their functions, the units so organized shall avail of the technical
assistance and guidelines of the Civil Service Commission.chanrobles virtual law library
Sec. 17. Council
of Personnel Officers. - There is hereby created a Council of
Personnel
Officers to be composed of Chief personnel officers of the different
executive
departments and agencies with the category of department that the
Chairman
of the Commission shall elect for membership. Except for its Executive
Officer who shall be designated by the Chairman from among the
appropriate
officials in the Civil Service Commission, the council is authorized to
elect such other officer from among its members and to fix its own
rules
or procedures concerning attendance at meetings, approval of policy
declaration,
and other business matters. Provisions for necessary facilities and
clerical
assistance for the Council shall be made in the annual budget of the
Commission.chanrobles virtual law library
The Council
shall have the following functions:
a. Upon
request of the Head of Department or the Commission, to offer advice in
developing constructive policies, standards, procedures, and programs
as
well as on matters relating to the improvement of personnel methods and
to the solution of personnel problems confronting the various
departments
and agencies of the government;
b. To
promote among the departments and agencies, through study and
discussion,
uniform and consistent interpretation and application of personnel
policies;
and
c. To
serve as a clearing house of information and to stimulate the use of
methods
of personnel management that will contribute most to good government.chanrobles virtual law library
Sec. 18. Inspection
and Audit. - The Commission, through its designated
representatives,
shall conduct a periodic inspection and audit of the personnel
management
program of each department, agency, province or City, in order to: (a)
determine compliance with this Decree, rules and standards; (b) review
discharge of delegated authority; (c) make an adequate evaluation of
the
progress made and problems encountered in the conduct of the merit
system
in the national and local governments including government-owned or
controlled
corporations; (d) give advice and provide assistance in developing
constructive
policies, standards and procedures, and (e) stimulate improvement in
all
areas of personnel management.chanrobles virtual law library
Periodic inspection
and audit will include an appraisal of personnel management operations
and activities relative to: (a) formulation and issuance of personnel
policy;
(b) recruitment and selection of employees; (c) personnel action and
employment
status; (d) career and employee development; (e) performance evaluation
system; (f) employee suggestions and incentive award; (g) employee
relations
and services; (h) discipline; (I) personnel records and reporting; and
(j) program evaluation.chanrobles virtual law library
Article
VIII. Personnel Policies and Standards
Sec. 19. Recruitment
and Selection of Employees. - (1) Opportunity for government
employment
shall be open to all qualified citizens and positive efforts shall be
exerted
to attract the best qualified to enter the service. Employees shall be
selected on the basis of fitness to perform the duties and assume the
responsibilities
of the positions.chanrobles virtual law library
(2) When a vacancy
occurs in a position in the first level of the Career Service as
defined
in Section 7, the employees in the department who occupy the next lower
positions in the occupational group under which the vacant position is
classified, and in other functionally related occupational groups and
who
are competent, qualified and with the appropriate civil service
eligibility
shall be considered for promotion.chanrobles virtual law library
1. When
a vacancy occurs in a position in the second level of the Career
Service
as defined in Section 7, the employees in the government service who
occupy
the next lower positions in the occupational group under which the
vacant
position is classified and in other functionally related occupational
groups
and who are competent, qualified and with the appropriate civil service
eligibility shall be considered for promotion.chanrobles virtual law library
2. If
the vacancy is not filled by promotion as provided herein the same
shall
be filled by transfer of present employees in the government service,
by
reinstatement, by re-employment of persons separated through reduction
in force, or by appointment of persons with the civil service
eligibility
appropriate to the positions.chanrobles virtual law library
3. A
qualified next-in-rank employee shall have the right to appeal
initially
to the department head and finally to the Office of the President an
appointment
made (1) finally in favor of another next-in-rank employee who is not
qualified,
or (2) in favor of one who is not next-in-rank, or (3) in favor of one
who is appointed by transfer and not next-in-rank, or by reinstatement,
or by original appointment if the employee making the appeal is not
satisfied
with the written special reason or reasons given by the appointing
authority
for such appointment: Provided, That final appeal shall be to
the
department head concerned if the appointment is issued to a qualified
next-in-rank
employee. Before deciding a contested appointment, the Office of the
President
shall consult the Civil Service Commission. For purposes of this
Section, "qualified next-in-rank" refers to an employee
appointed on a
permanent
basis to a position previously determined to be next-in-rank to the
vacancy
proposed to be filled and who meets the requisites for appointment
thereto
as previously determined by the appointing authority and approved by
the
Commission.chanrobles virtual law library
4.
Qualification
in an appropriate examination shall be required for appointment to
positions
in the first and second levels in the career service in accordance with
the Civil Service rules, except as otherwise provided in this Decree: Provided,
That whenever there is civil service eligible actually available for
appointment,
no person who is not such an eligible shall be appointed even in a
temporary
capacity to any vacant position in the career service in the government
or in any government-owned or controlled corporation, except when the
immediate
filling of the vacancy is not permanent, in which cases temporary
appointments
of non-eligibles may be made in the absence of eligibles actually and
immediately
available.chanrobles virtual law library
5. The
appropriate examinations herein referred to shall be those given by the
Commission and the different agencies: Provided, however, That
nothing
herein shall affect eligibilities acquired prior to the effectivity of
this Civil Service Law: Provided, further, That a person with a
civil service eligibility acquired by successfully passing an
examination
shall be qualified for a position requiring a lower eligibility if he
possesses
the other requirements for appointment to such position.chanrobles virtual law library
6.
Those
who acquire civil service eligibility after the passage of the
Integrated
Reorganization Plan by the virtue of having passed civil service
examinations
or their equivalents may avail of said eligibilities within a period
not
exceeding five years.chanrobles virtual law library
Sec. 20. Qualification
Standards. - (1) A qualification standard expresses the minimum
requirements
for a class of positions in terms of education, training and
experience,
civil service eligibility, physical fitness, and other qualities
required
for successful performance. The degree of qualifications of an officer
or employee shall be determined by the appointing authority on the
basis
of the qualification standard for the particular position.chanrobles virtual law library
Qualification
standards shall be used as basis for civil service examinations for
positions
in the career service, as guides in appointment and other personnel
actions,
in the adjudication of protested appointments, in determining training
needs, and as aid in the inspection and audit o the agencies' personnel
work programs.chanrobles virtual law library
It shall be
administered in such manner as to continually provide incentives to
officers
and employees towards professional growth and foster the career system
in the government service.chanrobles virtual law library
(2) The establishment,
administration and maintenance of qualification standards shall be the
responsibility of the department or agency, with the assistance and
approval
of the Civil Service Commission and in consultation with the Wage and
Position
Classification Office.chanrobles virtual law library
Sec. 21. Release
of Examination Results. - The results of any particular civil
service
examination held in a number of places on the same date shall be
released
simultaneously.chanrobles virtual law library
Sec. 22. Register
of Eligibles. - The names of the competitors who pass an
examination
shall be entered in register of eligibles arranged in the order of
their
general ratings and containing such information as the Commission may
deem
necessary.chanrobles virtual law library
Sec. 23. Cultural
Communities. - In line with the national policy to facilitate the
integration
of members of cultural communities and accelerate the development of
the
areas occupied by them, the Commission shall give special civil service
examinations to qualify them for appointment in the civil service.chanrobles virtual law library
Sec. 24. Personnel
Actions. - All appointments in the career service shall be made
only
according to merit and fitness, to be determined as far as practicable
by competitive examinations. A non-eligible shall not be appointed to
any
position in the civil service whenever there is civil service eligible
actually available for and ready to accept appointment.chanrobles virtual law library
As used in this
Decree, any action denoting the movement or progress of personnel in
the
civil service shall be known as personnel action. Such action shall
include
appointment through certification, promotion, transfer, reinstatement,
re-employment, detail, reassignment, demotion, and separation. All
personnel
actions shall be in accordance with such rules, standards, and
regulations
as may be promulgated by the Commission.chanrobles virtual law library
a. Appointment
through certification. - And appointment through certification to
a
position in the civil service, except as herein otherwise provided,
shall
be issued to a person who has been selected from a list of qualified
persons
certified by the Commission from an appropriate register of eligibles,
and who meets all the other requirements of the position.chanrobles virtual law library
All such
persons
must serve a probationary period of six months following their original
appointment and shall undergo a thorough character investigation in
order
to acquire permanent civil service status. A probationer may be dropped
from service status. A probationer may be dropped from the service for
unsatisfactory conduct or want of capacity any time before the
expiration
of the probationary period: Provided, That such action as
appealable
to the Commission.chanrobles virtual law library
b.
Promotion. - A promotion is a movement from one position to
another
with an increase in duties and responsibilities as authorized by law
and
usually accompanied by an increase in pay. The movement may be from one
department or agency to another, or from one organizational unit to
another
in the same department or agency.chanrobles virtual law library
c. Transfer.
- A transfer is a movement from one position to another which is
of
equivalent rank, level, or salary without break in service involving
the
issuance of an appointment.chanrobles virtual law library
It shall not
be considered disciplinary when made in the interest of public service,
in which case, the employee concerned shall be informed of the reasons
therefor. If the employee believes that there is no justification for
the
transfer, he may appeal his case to the Commission.chanrobles virtual law library
The transfer
may be from one department or agency to another or from one
organizational
unit to another in the same department or agency: Provided, however,
That any movement from the non-career service to the career service
shall
not be considered a transfer.chanrobles virtual law library
d. Reinstatement.
- Any person who has been permanently appointed to a position in
the
career service and who has, through no delinquency or misconduct, been
separated therefrom, may be reinstated to a position in the same level
for which he is qualified.chanrobles virtual law library
e. Reemployment.
- Names of persons who have been appointed permanently to
positions
in the career service and who have been separated as a result of
reduction
in force and/or reorganization, shall be entered in a list from which
selection
for reemployment shall be made.chanrobles virtual law library
f. Detail.
- A detail is the movement of an employee from one agency to
another
without the issuance of an appointment and shall be allowed, only for a
limited period in the case of employees occupying professional,
technical
and scientific positions. If the employee believes that there is no
justification
for the detail, he may appeal his case to the Commission. Pending
appeal,
the decision to detail the employee shall be executory unless otherwise
ordered by the Commission.chanrobles virtual law library
g. Reassignment.
- An employee may be reassigned from one organizational unit to
another
in the same agency: Provided, that such reassignment shall not involve
a reduction in rank, status or salary.chanrobles virtual law library
Sec. 25. Employment
Status. - Appointment in the career service shall be permanent or
temporary.chanrobles virtual law library
a. Permanent
status. - A permanent appointment shall be issued to a person who
meets
all the requirements for the positions to which he is being appointed,
including the appropriate eligibility prescribed, in accordance with
the
provisions of law, rules and standards promulgated in pursuance thereof.chanrobles virtual law library
b. Temporary
appointment. - In the absence of appropriate eligibles and it
becomes
necessary in the public interest to fill a vacancy, a temporary
appointment
shall be issued to a person who meets all the requirements for the
position
to which he is being appointed except the appropriate civil service
eligibility: Provided, That such temporary appointment shall
not exceed
twelve
months, but the appointee may be replaced sooner if a qualified civil
service
eligible becomes available.chanrobles virtual law library
Sec. 26. Salary
Increase or Adjustment. - Adjustments in salaries as a result of
increase
in pay levels or upgrading of positions which do not involve a change
in
qualification requirements shall not require a new appointments except
that copies of the salary adjustment notices shall be submitted to the
Commission for record purposes.chanrobles virtual law library
Sec. 27 Reduction
in Force. - Whenever it becomes necessary because of lack of work
or
funds or due to a change in the scope or nature of an agency's program,
or as a result of reorganization, to reduce the staff of any department
or agency, those in the same group or class of positions in or more
agencies
within the particular department or agency wherein the reduction is to
be effected, shall be reasonably compared in terms of relative fitness,
efficiency and length of service, and those found to be at least
qualified
for the remaining positions shall be laid off.chanrobles virtual law library
Sec. 28. Career
and Personnel Development. - The development and retention of a
competent
and efficient work force in the public service is a primary concern of
government. It shall be the policy of the government that a continuing
program of career and personnel development be established for all
government
employees at all levels. An integrated national plan for career and
personnel
development shall serve as the basis for all career and personnel
development
activities in the government.chanrobles virtual law library
Sec. 29. Career
and Personnel Development Plans. - Each department or agency shall
prepare a career and personnel development plan which shall be
integrated
into a national plan by the Commission. Such career and personnel
development
plans which shall include provisions on merit promotions, performance
evaluation,
in-service training grants, job rotation, suggestions and incentive
award
systems, and such other provisions for employees' health, welfare,
counseling
recreation and similar services.chanrobles virtual law library
Sec. 30. Merit
Promotion Plans. - Each department or agency shall establish merit
promotion plans which shall be administered in accordance with the
provisions
of this Decree and the rules, regulations, and standards to be
promulgated
by the Commission. Such plans shall include provisions for a definite
screening
process, which may include tests of fitness, in accordance with
standards
and guidelines set by the Commission. Promotion Boards may be organized
subject to criteria drawn by the Commission.chanrobles virtual law library
Sec. 31. Performance
Evaluation System. - There shall be established a performance
evaluation
system, which shall be administered in accordance with rules,
regulations
and standards promulgated by the Commission for all officers and
employees
in the career service. Such performance evaluation system shall be
administered
in such manner s to continually foster the improvement of individual
employee
efficiency and organizational effectiveness.chanrobles virtual law library
Each department
or agency may, after consultation with the Commission, establish and
use
one or more performance evaluation plans appropriate to the various
groups
of positions in the department or agency concerned. No performance
evaluation
shall be given, or used as a basis for personnel action, except under
an
approved performance evaluation plan: Provided, That each
employee
shall be informed periodically by his supervisor of his performance
evaluation.chanrobles virtual law library
Sec. 32. Responsibility
for Training. - The Commission shall be responsible for the
coordination
and integration of a continuing program of personnel development for
all
government personnel in the first and second levels.chanrobles virtual law library
Central staff
agencies and specialized institutes shall conduct continuing
centralized
training for staff specialists from the different agencies. However, in
those cases where there is sufficient number of participants to warrant
training at department or agency or local government level, such
central
staff agencies and specialized institute shall render the necessary
assistance,
consultative services.chanrobles virtual law library
To avoid duplication
of effort and overlapping of training functions, the following
functional
responsibilities are assigned:
a.
Public
and private colleges and universities and similar institutions shall be
encouraged to organize and carry out continuing programs of executive
development.chanrobles virtual law library
b. The
Commission, the Commission on Audit, the Budget Commission, the General
Services Administration, and other central staff agencies shall conduct
centralized training and assist in the training program of the
Departments
or agencies along their respective functional areas of specialization.chanrobles virtual law library
c. In
coordination with the Commission, the Department of Local Government
and
Community Development shall undertake local government training
programs.chanrobles virtual law library
d. In
coordination with the Commission, each department or agency, province
or
city shall establish, maintain and promote a systematic plan of action
for personnel training at all levels in accordance with standards laid
down by the Commission. It shall maintain appropriate training staffs
and
make full use of available training facilities.chanrobles virtual law library
Whenever it deems
it necessary, the Commission shall take the initiative in undertaking
programs
for personnel development.chanrobles virtual law library
Sec. 33.
Employee Suggestions and Incentive Award System. - There shall be
established
a government-wide employee suggestions and incentive awards system
which
shall be administered under such rules, regulations, and standards as
may
be promulgated by the Commission.chanrobles virtual law library
In accordance
with rules, regulations, and standards promulgated by the Commission,
the
President or the head of each department or agency is authorized to
incur
whatever necessary expenses involved in the honorary recognition of
subordinate
officers and employees of the government who by their suggestions,
inventions,
superior accomplishment, and other personal efforts contribute to the
efficiency,
economy, or other improvement of government operations, or who perform
such other extraordinary acts or services in the public interest in
connection
with, or in relation to, their officials employment.chanrobles virtual law library
Sec. 34. Personnel
Relations. - (a) It shall be the concern of the Commission to
provide
leadership and assistance in developing employee relations programs in
the departments or agencies.chanrobles virtual law library
(b) Every
head of department or agency shall take all proper steps toward the
creation
of an atmosphere conducive to good supervisor-employee relations and
the
improvement of employee morale.chanrobles virtual law library
Sec. 35. Complaints
and Grievances. - Employees shall have the right to present their
complaints
or grievances to management and have them adjudicated s expeditiously
as
possible in the best interest of the agency, the government as a whole,
and the employee concerned. Such complaint or grievances shall be
resolved
at the lowest possible level in the department or agency, as the case
may
be, and the employee shall have the right to appeal such decision to
higher
authorities.chanrobles virtual law library
Each department
or agency shall promulgate rules and regulation governing expeditious,
fair, and equitable adjustment with the policies enunciated by the
Commission.chanrobles virtual law library
Article
IX. Discipline
Sec. 36. Discipline:
General Provisions. - (a) No officer or employee in the Civil
Service
shall be suspended or dismissed except for cause as provided by law and
after due process.chanrobles virtual law library
a. The
following shall be grounds for disciplinary action:
1.
Dishonesty;
2.
Oppression;
3.
Neglect
of Duty;
4.
Misconduct;
5.
Disgraceful
and immoral conduct;
6.
Being
notoriously undesirable;
7.
Discourtesy
in the course of official duties;
8.
Inefficiency
and incompetence in the performance of official duties;
9.
Receiving
for personal use of a fee, gift or other valuable thing in the course
of
official duties or in connection therewith when such fee, gift, or
other
valuable thing is given by any person in the hope or expectation of
receiving
a favor or better treatment than that accorded other persons, or
committing
acts punishable under the anti-graft laws;
10.
Conviction
of a crime involving moral turpitude;
11.
Improper
or unauthorized solicitation of contributions from subordinate
employees
and by teachers or school officials from school children;
12.
Violation
of existing Civil Service Law and rules or reasonable office
regulations;
13.
Falsification
of official document;
14.
Frequent
unauthorized absences or tardiness in reporting for duty, loafing or
frequent
unauthorized absences from duty during regular office hours;
15.
Habitual
drunkenness;
16.
Gambling
prohibited by law;
17.
Refusal
to perform official duty or render overtime service;
18.
Disgraceful,
immoral or dishonest conduct prior to entering the service;
19.
Physical
or mental incapacity or disability due to immoral or vicious habits;
20.
Borrowing
money by superior officers from subordinates or lending by subordinates
to superior officers;
21.
Lending
money at usurious rates of interest;
22.
Willful
failure to pay just debts or willful failure to pay taxes due to the
government;
23.
Contracting
loans of money or other property from persons with whom the office of
the
employee concerned has business relations;
24.
Pursuit
of private business, vocation or profession without the permission
required
by Civil Service rules and regulations;
25.
Insubordination;
26.
Engaging
directly or indirectly in partisan political activities by one holding
non-political office;
27.
Conduct
prejudicial to the best interest of the service;
28.
Lobbying
for personal interest or gain in legislative halls and offices without
authority;
29.
Promoting
the sale of tickets in behalf of private enterprises that are not
intended
for charitable or public welfare purposes and even in the latter cases
if there is no prior authority;
30.
Nepotism
as defined in Section 49 of this Decree.chanrobles virtual law library
b.
Except
when initiated by the disciplining authority, no complaint against a
civil
service official or employee shall be given due course unless the same
is in writing and subscribed and sworn to by the complainant.chanrobles virtual law library
c. In
meting out punishment, the same penalties shall be imposed for similar
offenses and only one penalty shall be imposed in each case. The
disciplining
authority may impose the penalty of removal from the service, transfer,
demotion in rank, suspension for not more than one year without pay,
fine
in an amount not exceeding six months' salary, or reprimand.chanrobles virtual law library
Sec. 37. Disciplinary
Jurisdiction. - (a) The Commission shall decide upon appeal all
administrative
cases involving the imposition of a penalty of suspension for more than
thirty days, or fine in an amount exceeding thirty days' salary,
demotion
in rank or salary or transfer, removal or dismissal from office. A
complaint
may be filed directly with the Commission by a private citizen against
a government official or employee in which case it may hear and decide
the case or it may deputize any department or agency or official or
group
of officials to conduct the investigation. The results of the
investigation
shall be submitted to the Commission with recommendation as to the
penalty
to be imposed or other action to be taken.chanrobles virtual law library
(b) The
heads of departments, agencies and instrumentalities, provinces, cities
and municipalities shall have jurisdiction to investigate and decide
matters
involving disciplinary action against officers and employees under
their
jurisdiction. Their decisions shall be final in case the penalty
imposed
is suspension for not more than thirty days or fine in an amount not
exceeding
thirty days' salary. In case the decision rendered by a bureau or
office
head is appealable to the Commission, the same may be initially
appealed
to the department and finally to the Commission and pending appeal, the
same shall be executory except when the penalty is removal, in which
case
the same shall be executory only after confirmation by the department
head.chanrobles virtual law library
(c) An
investigation may be entrusted to regional director or similar
officials
who shall make the necessary report and recommendation to the chief of
bureau or office or department within the period specified in Paragraph
d of the following Section.chanrobles virtual law library
(d) An
appeal shall not stop the decision from being executory, and in case
the
penalty is suspension or removal, the respondent shall be considered as
having been under preventive suspension during the pendency of the
appeal
in the event he wins an appeal.chanrobles virtual law library
Sec. 38. Procedure
in Administrative Cases Against Non-Presidential Appointees. - (a)
Administrative proceedings may be commenced against a subordinate
officer
or employee by the head of department or office of equivalent rank, or
head of local government, or chiefs of agencies, or regional directors,
or upon sworn, written complaint of any other persons.chanrobles virtual law library
(b) In
the case of a complaint filed by any other persons, the complaint shall
submit sworn statements covering his testimony and those of his
witnesses
together with his documentary evidence. If on the basis of such papers
a prima facie case is found not to exist, the disciplining authority
shall
dismiss the case. If a prima facie case exists, he shall notify the
respondent
in writing, of the charges against the latter, to which shall be
attached
copies of the complaint, sworn statements and other documents
submitted,
and the respondent shall be allowed not less than seventy-two hours
after
receipt of the complaint to answer the charges in writing under oath,
together
with supporting sworn statements and documents, in which he shall
indicate
whether or not he elects a formal investigation if his answer is not
considered
satisfactory, if the answer is found satisfactory, the disciplining
authority
shall dismiss the case.chanrobles virtual law library
(c)
Although
a respondent does not request a formal investigation, one shall
nevertheless
be conducted when from the allegations of the complaint and the answer
of the respondent, including the supporting documents, the merits of
the
case cannot be decided judiciously without conducting such an
investigation.chanrobles virtual law library
(d) The
investigation shall be held not earlier than five days nor later than
ten
days from the date of receipt of respondent's answer by the
disciplining
authority, and shall be finished within thirty days from the filing of
the charges, unless the period is extended by the Commission in
meritorious
cases. The decision shall be rendered by the disciplining authority
within
thirty days from the termination of the investigation or submission of
the report of the investigator, which report shall be submitted within
fifteen days from the conclusion of the investigation.chanrobles virtual law library
(e) The
direct evidence for the complainant and the respondent shall consist of
the sworn statement and documents submitted in support of the complaint
or answer, as the case may be, without prejudice to the presentation of
additional evidence deemed necessary but was unavailable at the time of
the filing of the complaint or answer, upon which the
cross-examination,
by respondent and the complainant, respectively, shall be based.
Following
cross-examination, there may be redirect and recross-examination.chanrobles virtual law library
(f)
Either
party may avail himself of the services of counsel and may require the
attendance of witnesses and the production of documentary evidence in
his
favor through the compulsory process of subpoena or subpoena duces
tecum.
(g) The
investigation shall be conducted only for the purpose of ascertaining
the
truth and without necessarily adhering to technical rules applicable in
judicial proceedings. It shall be conducted by the disciplining
authority
concerned or his authorized representative.chanrobles virtual law library
The phrase "any other party" shall be understood to be a complainant other
than
those referred to in subsection (a) hereof.chanrobles virtual law library
Sec. 39. Appeals.
- (a) Appeals, where allowable, shall be made by the party
adversely
affected by the decision within fifteen days from receipt of the
decision
unless a petition shall be decided within fifteen days. Notice of the
appeal
shall be filed with the disciplining office, which shall forward the
records
of the case, together with the notice of appeal, with its comment, if
any.
The notice of appeal shall specifically state the date of the decision
appealed from and the date of receipt thereof. It shall also
specifically
set forth clearly the grounds relied upon for excepting from the
decision.chanrobles virtual law library
(b) A
petition for reconsideration shall be based only on any of the
following
grounds: (1) new evidence has been discovered which materially affects
the decision rendered; (2) the decision is not supported by the
evidence
on record; or (3) errors of law or irregularities have been committed
prejudicial
to the interest of the respondent: Provided, That only one
petition
for reconsideration shall be entertained.chanrobles virtual law library
Sec. 40. Summary
Proceedings. - No formal investigation is necessary and the
respondent
may be immediately removed or dismissed if any of the following
circumstances
is present:
a. When
the charge is serious and the evidence of guilt is strong.chanrobles virtual law library
b. When
the respondent is a recidivist or has been repeatedly charged and there
is reasonable ground to believe that he is guilty of the present charge.chanrobles virtual law library
c. When
the respondent is notoriously undesirable.chanrobles virtual law library
Resort to summary
proceedings by disciplining authority shall be done with utmost
objectivity
and impartiality to the end that no injustice is committed: Provided,
That removal or dismissal except those by the President, himself, or
upon
his order, may be appealed to the Commission.chanrobles virtual law library
Sec. 41. Preventive
Suspension. - The proper disciplining authority may preventively
suspend
any subordinate officer or employee under his authority pending an
investigation,
if the charge against such officer or employee involves dishonesty,
oppression
or grave misconduct, or neglect in the performance of duty, or if there
are reasons to believe that the respondent is guilty of charges which
would
warrant his removal from the service.chanrobles virtual law library
Sec. 42. Lifting
of Preventive Suspension Pending Administrative Investigation. - When
the administrative case against the officer or employee under
preventive
suspension is not finally decided by the disciplining authority within
the period of ninety (90) days after the date of suspension of the
respondent
who is not a presidential appointee, the respondent shall be
automatically
reinstated in the service: Provided, That when the delay in the
disposition of the case is due to the fault, negligence or petition of
the respondent, the period of delay shall not be counted in computing
the
period of suspension herein provided.chanrobles virtual law library
Sec. 43. Removal
of Administrative Penalties or Disabilities. - In meritorious
cases
and upon recommendation of the Commission, the President may commute or
remove administrative penalties or disabilities imposed upon officers
or
employees in disciplinary cases, subject to such terms and conditions
as
he may impose in the interest of the service.chanrobles virtual law library
Article
X. Limitation on Appointment.
Section 44.
Limitation on Appointment. - (1) No elective official shall be
eligible
for appointment to any office or position during his term of office.chanrobles virtual law library
(2) No candidate
who lost in an election shall be eligible for appointment to any office
in the government, or in any government-owned or controlled corporation
within one year following such election.chanrobles virtual law library
Sec. 45. Political
Activity. - No officer or employee in the Civil Service including
members
of Armed Forces, shall engage directly or indirectly in any partisan
political
activity or take part in any election except to vote nor shall he use
his
official authority or influence to coerce the political activity of any
other person or body. Nothing herein provided shall be understood to
prevent
any officer or employee from expressing his views on current political
problems or issues, or from mentioning the names of candidates for
public
office whom he supports: Provided, that public officers and
employees
holding political offices may take part in political and electoral
activities
but it shall be unlawful for them to solicit contributions from their
subordinates
or subject them to any of the acts involving subordinates or subject
them
to any of the acts involving subordinates prohibited in the Election
Code.chanrobles virtual law library
Sec. 46. Additional
or Double Compensation. - No elective or appointive public officer
or employee shall receive additional or double compensation unless
specifically
authorized by law nor accept without the consent of the President, any
present, emolument, office, or title of any kind from any foreign state.chanrobles virtual law library
Sec. 47. Limitation
on Employment of Laborers. - Laborers, whether skilled,
semi-skilled
or unskilled, shall not be assigned to perform clerical duties.chanrobles virtual law library
Sec. 48. Prohibition
on Detail or Reassignment. - No detail or reassignment whatever
shall
be made within three (3) months before any election.chanrobles virtual law library
Sec. 49. Nepotism.
- (a) All appointments in the national, provincial, city and
municipal
governments or in any branch or instrumentality thereof, including
government-owned
or controlled corporations, made in favor of a relative of the
appointing
or recommending authority, or of the chief of the bureau or office, or
of the persons exercising immediate supervision over him, are hereby
prohibited.chanrobles virtual law library
As used in this
Section, the word "relative" and members of the family referred
to are those related within the third degree either of consanguinity or
of affinity.chanrobles virtual law library
(b) The
following are exempted from the operation of the rules on nepotism: (1)
persons employed in a confidential capacity, (2) teachers, (3)
physicians,
and (4) members of the Armed Forces of the Philippines: Provided,
however,
That in each particular instance full report of such appointment shall
be made to the Commission.chanrobles virtual law library
The restriction
mentioned is subsection (a) shall not be applicable to the case of a
member
of any family who, after his or her appointment to any position in an
office
or bureau, in which event the employment or retention therein of both
husband
and wife may be allowed.chanrobles virtual law library
(c) In
order to give immediate effect to these provisions, cases of previous
appointments
which are in contravention hereof shall be corrected by transfer, and
pending
such transfer, no promotion or salary increase shall be allowed in
favor
of the relative or relatives who were appointed in violation of these
provisions.chanrobles virtual law library
Article
XI. Examining Committee, Special Examiners and Special Investigators.
Sec. 50. Examining
Committee, Special Examiners and Special Investigators. - Subject
to
approval by the proper head of department or agency, the Commission may
select suitable persons in the government service to act as members of
examining committees, special examiners or special investigators. Such
person shall be designated examiners or investigators of the Commission
shall perform such duties as the Commission may require, and in the
performance
of such duties they shall be under its exclusive control. Examining
committees,
special examiners or special investigators so designated may be given
allowances
or per diems for their services, to be paid out of the funds of, and at
a rate to be determined by, the Commission.chanrobles virtual law library
Sec. 51. Fees.
- The Commission shall collect and charge fees for civil service
examinations,
certifications of civil service ratings, service records, and other
civil
service matters, training courses, seminars, workshops in personnel
management
and other civil service matters.chanrobles virtual law library
For this purpose,
the Commission shall prescribed standard and reasonable rates for such
examinations, certifications, training courses, seminars, and
workshops:
Provided, That the fees so collected in training courses,
seminars
and workshops, shall be used exclusively for training activities of the
Commission: Provided, further, That no examination fees shall
be
collected in examinations given for the selection of scholars.chanrobles virtual law library
Sec. 52. Authority
of Officers to Administer Oaths, Take Testimony, Prosecute and Defend
Cases
in Court. - Members of the Commission, chiefs of offices, and other
officers and employees of the Commission designated in writing by the
Chairman
may administer such oath as may be necessary in the transactions of
official
business and administer oaths and take testimony in connection with any
authorized investigation. Attorneys of the Commission may prosecute and
defend cases in connection with the functions of the Commission before
any court or tribunal.chanrobles virtual law library
Sec. 53. Liability
of Appointing Authority. - No person employed in the Civil Service
in violation of the Civil Service Law and rules shall be entitled to
receive
pay from the government; but the appointing authority responsible for
such
unlawful employment shall be personally liable for the pay that would
have
accrued had the employment been lawful, and the disbursing officials
shall
make payment to the employee of such amount from salary of the officers
so liable.chanrobles virtual law library
Sec. 54. Liability
of Disbursing Officers. - Except as may otherwise be provided by
law,
it shall be unlawful for a treasurer or other fiscal officer to draw or
retain from the salary due an officer or employee any amount for
contribution
or payment of obligations other than those due the government or its
instrumentalities.chanrobles virtual law library
Sec. 55. Penal
Provisions. - Whoever makes any appointment or employs any person
in
violation of any provision of this Decree or the rules made thereunder
or whoever commits fraud, deceit or intentional misrepresentation of
material
facts concerning other civil service matters, or whoever violates,
refuses
or neglects to comply with any of such provisions or rules, shall upon
conviction be punished by a fine not exceeding one thousand pesos or by
imprisonment not exceeding six (6) months, or both such fine and
imprisonment
in the discretion of the court.chanrobles virtual law library
Article
XII. Government-owned or Controlled Corporations Personnel.
Sec. 56. Government-owned
or Controlled Corporations Personnel. - All permanent personnel of
government-owned or controlled corporations whose positions are now
embraced
in the civil service shall continue in the service until they have been
given a chance to qualify in an appropriate examination, but in the
meantime,
those who do not posses the appropriate civil service eligibility shall
not be promoted until they qualify in an appropriate civil service
examination.
Services of temporary personnel may be terminated any time.chanrobles virtual law library
Sec. 57. Authority
to Use Appropriations. - The Commission is hereby authorized to
use
such sums appropriate d in Presidential Decree No. 733 and balances of
existing certifications to accounts payable including prior years which
have not yet been reverted to the unappropriated surplus, as are
necessary
to carry out the provisions of this Decree. Henceforth, appropriations
to cover the salaries of officials and employees of the Civil Service
Commission
and its maintenance and operational expenses shall be included in the
annual
General Appropriations Decree.chanrobles virtual law library
Sec. 58. Vested
Rights. - Except as otherwise provided in this Decree, rights
vested
or acquired under the provisions of the old Civil Service Law, rules
and
regulations and any other Acts prior to the effectivity of this Decree
shall be respected.chanrobles virtual law library
Sec. 59. Repealing
Clause. - All laws, rules and regulations or parts thereof
inconsistent
with the provisions of this Decree are hereby repealed or modified
accordingly.chanrobles virtual law library
Sec. 60. Separability
of Provisions. - If any part, section or provision of this Decree
shall
be held invalid or unconstitutional, no other part, section or
provision
thereof shall be affected thereby.chanrobles virtual law library
Sec. 61. Effectivity.
- This Decree shall form part of the law of the land and shall
take
effect immediately.chanrobles virtual law library
Done in the
City of Manila, this 6th day of October, in the year of Our Lord,
nineteen
hundred and seventy-five.chanrobles virtual law library
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