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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 807
PRESIDENTIAL DECREE NO. 807
- PROVIDING FOR THE ORGANIZATION OF THE CIVIL SERVICE COMMISSION IN
ACCORDANCE WITH PROVISIONS OF THE CONSTITUTION, PRESCRIBING ITS POWERS
AND FUNCTIONS AND FOR OTHER PURPOSES
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chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
WHEREAS, there is 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.
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:cralaw:red
ARTICLE I.
TITLE
Section 1. This Decree shall be known as the Civil
Service Decree of the Philippines.
ARTICLE II.
DECLARATION OF POLICY
Section 2. It shall be the policy of the State to
insure and promote the Constitutional mandate that appointment in the
Civil Service shall be made only according to merit and fitness, to
provide within the public service a progressive system 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. chanroblesvirtualawlibrary
ARTICLE III.
DEFINITION OF TERMS
Section 3. As used in this Decree, the following
shall be construed thus:cralaw:red
(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.
(b) Appointing officer is the person or body
authorized by law to make appointments in the Philippine Civil Service.
(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.
(d) Commission refers to the Civil Service
Commission.
(e) Chairman refers to the Chairman of the
Commission.
(f) Commissioner refers either of the two other
members of the Commission.
(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.
(h) Eligible refers to a person who obtains a passing
grade in a civil service examination or is granted a civil service
eligibility and whose name is entered in the register of
eligibles. chanroblesvirtualawlibrary
(i) Examination refers to a civil service 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.
(j) Form refers to those prescribed by the Civil
Service Commission.
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. chanroblesvirtualawlibrary
Positions in the Civil Service shall be classified into career service
and non-career service.
Section 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.
The Career Service shall include:cralaw:red
(1) Open Career positions for appointment to which
prior qualification in an appropriate examination is required;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(3) Positions in the Career Executive Service;
namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant
Bureau Director, Regional 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;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(5) Commissioned officers and enlisted men of the
Armed Forces which shall maintain a separate merit system; chanroblesvirtualawlibrary
(6) Personnel of government-owned or controlled
corporations, whether performing governmental or proprietary functions,
who do not fall under the non-career service; and
(7) Permanent laborers, whether skilled,
semi-skilled, or unskilled.
Section 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.
The Non-Career Service shall include:cralaw:red
(1) Elective officials and their personal or
confidential staff;chanroblesvirtualawlibrary
(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);chanroblesvirtualawlibrary
(3) Chairman and members of commissions and boards
with fixed terms of office and their personal or confidential staff;chanroblesvirtualawlibrary
(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 the 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 chanroblesvirtualawlibrary
(5) Emergency and seasonal personnel.
Section 7. Classes of Positions in the Career
Service. —chanroblesvirtualawlibrary
(a) Classes of positions in the career service
appointment to which requires examinations shall be grouped into three
major level as follows:cralaw:red
(1) The first level shall include clerical, trades,
crafts, and custodial service positions which involve non-professional
or subprofessional work in a non-supervisory or supervisory capacity
requiring less than four years of collegiate studies;chanroblesvirtualawlibrary
(2) The second level shall include professional,
technical, and scientific positions which involve professional,
technical, or 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.
(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. chanroblesvirtualawlibrary
(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.
ARTICLE V.
ORGANIZATION AND FUNCTIONS
Section 8. Composition of the Civil Service
Commission. —chanroblesvirtualawlibrary
(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.
(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. chanroblesvirtualawlibrary
(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 business, 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.
Section 9. Powers and Functions of the Commission. —
The Commission shall administer the Civil Service and shall have the
following powers and functions:cralaw:red
(a) Administer and enforce the constitutional and
statutory provisions on the merit system;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(d) Advise the President on all matters involving
personnel management in the government service and assist in the
improvement of personnel units and programs in the department and
agencies; chanroblesvirtualawlibrary
(e) Appoint its personnel and exercise overall
supervision and control over the activities of the Commission;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(h) Approve all appointments, whether original or
promotional, to positions in the civil service, except those of
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 by 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.
(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; chanroblesvirtualawlibrary
(j) Hear and decide administrative disciplinary cases
instituted directly with it in accordance with Section 37 or brought to
it on appeal;chanroblesvirtualawlibrary
(k) Issue subpoena and 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;chanroblesvirtualawlibrary
(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.
Section 10. Duties and Responsibilities of the
Chairman. —chanroblesvirtualawlibrary
(a) Subject to policies and resolution adopted by the
Commission, the Chairman shall:cralaw:red
(1) Direct the operations of the Commission including
those pertaining to its internal administration;chanroblesvirtualawlibrary
(2) Establish standard operating procedures for the
effective operations for the Commission; chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(4) Issue appointments to, and enforce decision on
administrative discipline involving officials and employees of the
Commission;chanroblesvirtualawlibrary
(5) Delegate authority for the performance of any
function to officials of the Commission;chanroblesvirtualawlibrary
(6) Submit the annual and supplemental budgets of the
Commission; and
(7) Perform such other functions as may be provided
by law.
(b) In his capacity as member of the Career Executive
Service Board, he shall present appropriate viewpoints in the
deliberations of the Board that would seek to insure the policies and
programs of the Board are properly harmonized with the overall policies
and programs of personnel management in the government.
(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 operation of such functions as may be
assigned to him by the Chairman.
Section 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 illness or other cause, the
senior member shall temporarily perform the functions of the
Chairman. chanroblesvirtualawlibrary
Section 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.
(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.
(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 which shall include provisions
on merit promotions, performance evaluation, in-service training, job
rotation, suggestions and incentive award system; integrate such plans
into a national plan; and monitor and evaluate progress in connection
therewith.
(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 services; 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. chanroblesvirtualawlibrary
(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.
(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 violation of Civil Service Law and
Rules and laws affecting the Civil Service and such other functions as
may be assigned by the Chairman.
(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 and
custodial services.
Section 13. Regional Offices. — Each regional office
of the Commission shall exercise the following authority:cralaw:red
a. Enforce Civil Service Law and Rules in connection
with personnel actions of national and local government agencies within
the region, and the conduct of public officers and employees;chanroblesvirtualawlibrary
b. Conduct recruitment and examination for
government-wide positions in the region;chanroblesvirtualawlibrary
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.
Section 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.
ARTICLE VI.
RESPONSIBILITIES OF PUBLIC OFFICERS AND EMPLOYEES
Section 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.
ARTICLE VII.
INTERDEPARTMENT RELATIONS
Section 16. Civil Service Assistance to Departments
and Agencies. — Each head of department, office, agency,
government-owned or controlled corporation and local government shall
be responsible for personnel administration in his office which shall
be in accordance with the provisions 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: chanroblesvirtualawlibrary
1. Provide technical assistance in all aspects of
personnel management;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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.
In the performance of their functions, the units so organized shall
avail of the technical assistance and guidelines of the Civil Service
Commission.
Section 17. Council of Personnel Offices. — There is
hereby created a Council of Personnel Officers to be composed of Chief
personnel officers of the different executive departments and of
agencies with the category of department that the Chairman of the
Commission shall select 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.
The Council shall have the following functions:cralaw:red
(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; chanroblesvirtualawlibrary
(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.
Section 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. chanroblesvirtualawlibrary
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.
ARTICLE VIII.
PERSONNEL POLICIES AND STANDARDS
Section 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.
(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.
(3) 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 positions 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.
(4) For purposes of this Section, each department or
agency shall evolve its own screening process, which may include tests
of fitness, in accordance with standards and guidelines set by the
Commission. Promotion boards shall be formed to formulate criteria for
evaluation, conduct tests and/or interviews, and make systematic
assessment of training and experience.
(5) 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 separates through reduction in force, or by appointment of
persons with the civil service eligibility appropriate to the
positions.
(6) 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) 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.
(7) 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 a 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 urgently required in the
public interest, or when 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. chanroblesvirtualawlibrary
(8) The appropriate examinations herein referred to
shall be those given by the Commission and the different agencies:
Provided, however, That nothing herein shall affect those eligibles
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.
(9) Those who acquired civil service eligibility
after the passage of the Integrated Reorganization Plan by virtue of
having passed civil service examinations or their equivalents may avail
of said eligibilities within a period not exceeding five years.
Section 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 qualifications standard for the particular position.
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 asd in the
inspection and audit of the agencies personnel work programs.
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.
(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.
Section 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.
Section 22. Register of Eligibles. — The names of
the competitors who pass an examination shall be entered in a register
of eligibles arranged in the order of their general ratings and
containing such information as the Commission may deem necessary.
Section 23. Cultural Communities. — In line with the
national policy to facilitate the integration of the members of
cultural communities and accelerate to 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. chanroblesvirtualawlibrary
Section 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 a civil service eligible actually available
for and ready to accept appointment.
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.
(a) Appointment through certification. — An
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.
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 the service for
unsatisfactory conduct or want of capacity any time before the
expiration of the probationary period: Provided, That such action is
appealable to the Commission.
(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.
(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.
It shall be considered disciplinary when made in the interest of public
service, in which case, the employee concerned shall be informed of the
reasons therefore. If the employee believes that there is no
justification for the transfer, he may appeal his case to the
Commission.
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.
(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.
(e) Re-employment. — 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.
(f) Detail. — A detail is the movement on 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.
(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.
Section 25. Employment Status. — Appointment in the
career service shall be permanent or temporary.
(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.
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 positions 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.
Section 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.
Section 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 one 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 least qualified
for the remaining positions shall be laid off.
Section 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.
Section 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, including overseas and local scholarships and
training grants, job rotation, suggestions and incentive award systems,
and such other provisions for employees' health, welfare, counselling,
recreation and similar services.
Section 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.
Section 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 as to continually foster the improvement of
individual employee efficiency and organizational effectiveness.
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.
Section 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.
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, and consultative
services.
To avoid duplication, of effort and overlapping of training functions,
the following functional responsibilities are assigned: chanroblesvirtualawlibrary
(a) Public and private colleges and universities and
similar institutions shall be encouraged to organize and carry out
continuing programs of executive development.
(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.
(c) In coordination with the Commission, the
Department of Local Government and Community Development shall
undertake local government training programs.
(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.
Whenever it deems it necessary, the Commission shall take the
initiative in undertaking programs for personnel development.
Section 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.
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. chanroblesvirtualawlibrary
Section 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.
(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.
Section 35. Complaints and Grievances. — Employees
shall have the right to present their complaints or grievances to
management and have them adjudicated as 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,
and the employee shall have the right to appeal such decision to higher
authorities.
Each department or agency shall promulgate rules and regulations
governing expeditious, fair, and equitable adjustment of employees'
complaints or grievances in accordance with the policies enunciated by
the Commission.
ARTICLE IX.
DISCIPLINE
Section 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.
(b) The following shall be grounds for disciplinary
action:cralaw:red
(1) Dishonesty;chanroblesvirtualawlibrary
(2) Oppression; chanroblesvirtualawlibrary
(3) Neglect of duty;chanroblesvirtualawlibrary
(4) Misconduct;chanroblesvirtualawlibrary
(5) Disgraceful and immoral conduct;chanroblesvirtualawlibrary
(6) Being notoriously undesirable;chanroblesvirtualawlibrary
(7) Discourtesy in the course of official duties;chanroblesvirtualawlibrary
(8) Inefficiency and incompetence in the performance
of official duties;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(10) Conviction of a crime involving moral
turpitude;chanroblesvirtualawlibrary
(11) Improper or unauthorized solicitation of
contributions from subordinate employees and by teachers or school
officials from school children; chanroblesvirtualawlibrary
(12) Violation of existing Civil Service Law and
rules or reasonable office regulations;chanroblesvirtualawlibrary
(13) Falsification of official document;chanroblesvirtualawlibrary
(14) Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized absences from duty
during regular office hours;chanroblesvirtualawlibrary
(15) Habitual drunkenness;chanroblesvirtualawlibrary
(16) Gambling prohibited by law;chanroblesvirtualawlibrary
(17) Refusal to perform official duty or render
overtime service;chanroblesvirtualawlibrary
(18) Disgraceful, immoral or dishonest conduct prior
to entering the service;chanroblesvirtualawlibrary
(19) Physical or mental incapacity or disability due
to immoral or vicious habits;chanroblesvirtualawlibrary
(20) Borrowing money by superior officers from
subordinates or lending by subordinates to superior officers;chanroblesvirtualawlibrary
(21) Lending money at usurious rates of interest;chanroblesvirtualawlibrary
(22) Willful failure to pay just debts or willful
failure to pay taxes due to the government;chanroblesvirtualawlibrary
(23) Contracting loans of money or other property
from persons with whom the office of the employee concerned has
business relations;chanroblesvirtualawlibrary
(24) Pursuit of private business, vocation or
profession without the permission required by Civil Service rules and
regulations; chanroblesvirtualawlibrary
(25) Insubordination;chanroblesvirtualawlibrary
(26) Engaging directly or indirectly in partisan
political activities by one holding non-political office;chanroblesvirtualawlibrary
(27) Conduct prejudicial to the best interest of the
service;chanroblesvirtualawlibrary
(28) Lobbying for personal interest or gain in
legislative halls and offices without authority;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(30) Nepotism as defined in Section 49 of this
Decree.
(c) 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.
(d) 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.
Section 37. Disciplinary Jurisdiction. — (a) The
Commission shall decide upon appeal all administrative disciplinary
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.
(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.
(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.
(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 the preventive
suspension during the pendency of the appeal in the event he wins an
appeal.
Section 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 or agencies, regional directors, or upon sworn,
written complaint of any other persons.
(b) In the case of a complaint filed by any other
persons, the complainant 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.
(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.
(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 filling 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.
(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.
(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.
The phrase "any other party" shall be understood to be a complainant
other than those referred to in subsection (a) hereof.
Section 39. Appeals. — 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 for
reconsideration is seasonably filed, which 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, to the appellate authority within
fifteen days from filing of 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.
(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.
Section 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:cralaw:red
(a) When the charge is serious and the evidence of
guilt is strong;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(c) When the respondent is notoriously undesirable.
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.
Section 41. Preventive Suspension. — The proper
disciplining authority may preventively suspend any subordinate officer
or employee under his authority pending an investigation, in 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.
Section 42. Lifting of Preventive Suspension Pending
Administrative Investigation. — When the administrative case against
the officer of 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.
Section 43. Removal of Administrative Penalties or
Disabilities. — In meritorious cases and upon recommendation in 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.
ARTICLE X.
PROHIBITIONS
Section 44. Limitation on Appointment. — (1) No
elective official shall be eligible for appointment to any office or
position during his term of office.
(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.
Section 45. Political Activity. — No officer or
employee in the Civil Service including members of the 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 prohibited in the Election Code.
Section 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.
Section 47. Limitation on Employment of Laborers. —
Laborers, whether skilled, semi-skilled or unskilled, shall not be
assigned to perform clerical duties.
Section 48. Prohibition on Detail or Reassignment. —
No detail or reassignment whatever shall be made within three (3)
months before any election.
Section 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.
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.
(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.
The restriction mentioned in 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, contracts marriage with someone in
the same office or bureau, in which event the employment or retention
therein of both husband and wife may be allowed.
(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.
ARTICLE XI.
MISCELLANEOUS PROVISIONS
Section 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 and 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.
Section 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.
For this purpose, the Commission shall prescribe 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.
Section 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 oaths 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.
Section 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 unlawful, and the disbursing officials shall make
payment to the employee of such amount from salary of the officers so
liable. chanroblesvirtualawlibrary
Section 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.
Section 55. Penal Provision. — 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.
ARTICLE XII.
TRANSITORY PROVISIONS
Section 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 possess 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.
Section 57. Authority to Use Appropriations. — The
Commission is hereby authorized to use such sums appropriated 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.
Section 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.
Section 59. Repealing Clause. — All laws, rules and
regulations or parts thereof inconsistent with the provisions of this
Decree are hereby repealed or modified accordingly.
Section 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.
Section 61. Effectivity. — This Decree shall form
part of the law of the land and shall take effect
immediately. chanroblesvirtualawlibrary
DONE in the City of Manila,
this 6th day of October, in the year of Our Lord, nineteen hundred and
seventy-five.
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