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PRESIDENTIAL DECREE NO. 1409
PRESIDENTIAL DECREE NO. 1409 -
CREATING THE MERIT SYSTEMS BOARD
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WHEREAS,
the need for a stable and responsive Civil Service has become
especially critical with the institution in the country of a
Parliamentary form of government that stresses accountability to the
people;chanroblesvirtualawlibrary
WHEREAS, while the present civil service system, by reason of its new
structure, has shown itself to have dynamic flexibility and
adaptiveness, there remains the need to further promote a more positive
approach to personnel growth and development;chanroblesvirtualawlibrary
WHEREAS, the two major functions of the Commission are the
strengthening of the merit system and the development of viable careers
among civil service employees;chanroblesvirtualawlibrary
WHEREAS, these two goals can be better achieved through a redefinition
of the functions of the Civil Service Commission so that its career
development concerns may be separated from the protective character of
its responsibilities.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
pursuant to the powers vested in me by the Constitution, do hereby
decree and order:cralaw:red
Section 1. There is hereby created in the Civil
Service Commission a Merit Systems Board. chanroblesvirtualawlibrary
Section 2. Composition. — The Board shall be composed
of a Commissioner and two Associate Commissioners who shall be
appointed by Civil Service Commission and who may be removed only for
cause as provided by law.
Section 3. Qualifications. — The Commissioner and
Associate Commissioners shall have the same qualifications as that of a
judge of the court of first instance.
Section 4. Salary. — The Commissioner and Associate
Commissioners shall each receive salaries of not less than P42,000 and
P36,000 per annum, respectively.
Section 5. Powers and Functions of the Board. — The
Board shall have the following powers and functions, among others:cralaw:red
(1) Hear and decide administrative cases involving
officers and employees of the civil service. chanroblesvirtualawlibrary
(2) Hear and decide cases brought before it by
officers and employees who feel aggrieved by the determination of
appointing authorities involving appointment, promotion, transfer,
detail, reassignment and other personnel actions, as well as complaints
against any officers in the government arising from abuses arising from
personnel actions of these officers or from violations of the merit
system.
(3) Hear and decide complaints of civil service
employees regarding malpractices of other officials and employees.
(4) Promulgate, subject to the approval of the Civil
Service Commission, rules and regulations to carry out the functions of
the Board.
(5) Administer oaths, issue subpoena and subpoena
duces tecum, and take testimony in any investigation or inquiry. The
Board shall have the power to punish for contempt in accordance with
the rules of court under the same procedure with the same penalties
provided therein.
(6) Perform such other functions as may be assigned
by the Civil Service Commission.
In the performance of these functions, the Board shall draw assistance
from the Office of Legal Affairs which shall maintain a staff of
prosecutors and defense lawyers for this purpose. However, the Board
may, upon approval of the Commission, designate hearing officers from
other departments and agencies of the government to hear and decide
cases falling within its jurisdiction. The decision of these hearing
officers shall be subject to review by the Board and becomes final only
after such review by it.
The Board shall maintain a small staff of lawyers and clerks in
carrying out is functions, all of whom shall be appointed by the
Chairman of the Civil Service Commission.
Section 6. Functions of the Commissioner. — The
Commissioner shall be the Executive Officer of the Board. Subject to
the policies, rules and regulations adopted by the Board and approved
by the Civil Service Commission, the Commissioner shall:cralaw:red
(1) Execute and administer the policies, rules and
regulations, orders and resolutions approved by the Board.
(2) Direct and supervise the operations and internal
administration of the Board.
(3) Prescribe operating procedures for the Board.
(4) Perform such other functions as may be assigned
by the Civil Service Commission.
Section 7. Duties and Responsibilities of the
Associate Commissioners. — The two Associate Commissioners, jointly
with the Commissioner, shall be responsible for the effective exercise
of the rule making and adjudicative functions of the Board. In the
absence or disability of the Commissioner, the senior Associate
Commissioner shall temporarily perform the functions vested in the
Commissioner.
Section 8. Relationship with the Civil Service
Commission. — Decisions of the Board involving the removal of officers
and employees from the service shall be subject to automatic review by
the Commission. The Commission shall likewise hear and decide appeals
from other decisions of the Board, provided that the decisions of the
Commission shall be subject to review only by the Courts. chanroblesvirtualawlibrary
Section 9. Restructuring of the Office of Legal
Affairs. — The present Office of Legal Affairs is restructured into
three divisions, one to constitute a pool of prosecutors: second, of
defense lawyers from whom civil service employees who are facing
administrative charges or who have filed complaints against the action
of appointing authorities on personnel matters may request legal
assistance, and the third to act as adviser of the Commission in its
appellate and review functions.
Section 10. Effectivity. — This Decree shall take
effect upon approval.
DONE in the City of Manila,
this 8th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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