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PRESIDENTIAL DECREE NO. 868
PRESIDENTIAL DECREE NO. 868 -
REPEALING ALL CHARTERS, LAWS ON DECREES AND ANY OTHER PROVISION OR
PROVISIONS OF LAWS OR DECREES EXEMPTING ANY BRANCH, AGENCY, SUBDIVISION
OR INSTRUMENTALITY OF THE GOVERNMENT, INCLUDING GOVERNMENT-OWNED OR
CONTROLLED CORPORATION, FROM THE CIVIL SERVICE LAW AND RULES
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WHEREAS,
the Constitution provides that "the Civil Service embraces every
branch, agency, subdivision and instrumentality of the Government,
including every government-owned";chanroblesvirtualawlibrary
WHEREAS, the Constitution likewise provides that "appointments in the
civil service, except as to those which are policy-determining,
primarily confidential, or highly technical in nature, shall be made
only according to merit and fitness, to be determined as far as
practicable by competitive examination";chanroblesvirtualawlibrary
WHEREAS, it has been observed that many agencies of the government have
sought exemptions from the Civil Service Law and rules as well as from
coverage by the WAPCO;chanroblesvirtualawlibrary
WHEREAS, a study of these exemptions indicates that these were
specifically sought so that these agencies are free to fix any salary
rates for their personnel without being restricted by the pay rates
prescribed by WAPCO and had nothing to do with the Civil Service Law
and rules;chanroblesvirtualawlibrary
WHEREAS, the Civil Service Commission has liberalized the Civil Service
Law and rules, and is implementing these Law and rules with greater
flexibility consistent with the requirements of a developing economy
authorizing temporary appointments in the meantime that it cannot
adequately provide personnel with appropriate eligibilities, especially
to positions requiring scientific, technical, or specialized
training; chanroblesvirtualawlibrary
WHEREAS, these exemptions from the Civil Service Law and rules have
brought forth a special class of officials or employees, other than
those specifically exempted in the Constitution, namely those positions
which are policy-determining, primarily confidential or highly
technical in nature;chanroblesvirtualawlibrary
WHEREAS, the emergence of this new class of employees enjoying special
status and privilege cannot be tolerated without creating
demoralization among the Civil Service ranks throughout the Government;chanroblesvirtualawlibrary
WHEREAS, the Constitution envisions the standardization of compensation
of compensation of government officers and employees including those in
government-owned or controlled corporations by providing that "the
National Assembly shall provide for the standardization of compensation
of government officials and employees, including those in
government-owned or controlled corporations, taking into account the
nature of the responsibilities pertaining to, and the qualifications
for, the positions concerned;"
WHEREAS, those who seek exemption from the Civil Service Law and rules
and the WAPCO are apparently motivated by economic gain rather than
altruistic considerations which is contrary to the moral standards of
the Constitution which views a public office as a public trust;chanroblesvirtualawlibrary
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 the repeal of all charters, laws, decrees, or rules
and all provisions or provision of any charter, law, decree or rules
exempting any branch, agency, subdivision or instrumentality of the
government, including government-owned or controlled corporations, from
the Civil Service Laws and rules.
I further decree and order that:cralaw:red
Section 1. All agencies, branches, subdivisions and
instrumentalities of the government, including government-owned and
controlled corporations, shall be embraced in the Civil Service and all
appointments of personnel therein, except those which are
policy-determining, primarily confidential, or highly technical in
nature shall be subject to the Civil Service Law and rules. chanroblesvirtualawlibrary
All positions, which have been declared professional, confidential or
technical by any agency, exempting these positions from the Civil
Service Law and rules, are hereby declared subject to the Civil Service
Law and rules.
Any provision of law authorizing any official, other than the
President, to declare positions policy-determining, primarily
confidential or highly technical which are exempt from the Civil
Service Law and rules is hereby repealed, and only the President may
declare a position policy-determining, highly technical or primarily
confidential, upon recommendation of the Civil Service Commission, the
Budget Commission and the Presidential Reorganization Commission.
Section 2. All permanent personnel of the government
agencies or corporations appointed pursuant to these exemptions from
the Civil Service Law and rules, who do not possess the appropriate
civil service eligibility, shall be allowed to continue in the service,
until they have been given a chance to qualify in a civil service
examination. However, these personnel shall not be promoted until they
have acquired an appropriate civil service eligibility.
Section 3. The Civil Service Commission, jointly with
such agencies or corporations, shall immediately plan an examination
program that shall take into consideration the particular needs of
these agencies or corporations without overlooking service-wide
requirements.
Section 4. The appointing officials of the agencies
and corporations shall submit all appointments to the Commission, both
original and promotional, in accordance with the provisions of the
Civil Service Laws and rules.
Section 5. This Decree shall take effect immediately.
DONE in the City of Manila,
this 5th day of January, in the year of Our Lord, nineteen hundred and
seventy-six.
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