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(a) "Attrition" — The reduction of personnel as a result of resignation, retirement, dismissal in accordance with existing laws, death or transfer to another office; and chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) "Government" — Includes the National Government, and all its instrumentalities or agencies including government-owned or controlled corporations and their subsidiaries, excluding local government units.chanrobles virtual law library 

(a) Where the position is head of a primary organic unit such as chief of division; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) Where the position is the lone position in the organizational unit and it corresponds to a particular expertise that is intrinsic to the desired basic capability of the unit concerned; 

(c) Where the positions are basic positions for the initial operations of newly created or activated agencies or, in the case of other agencies, where the positions are vital and necessary for the continued and efficient operation of said agencies;

(d) Where the positions are difficult to fill considering the qualifications required therefor, as in the case of doctors, lawyers and other professionals; chanrobles virtuallaw libraryred

(e) Where the positions are found in agencies declared to be understaffed; 

(f) Positions in Congress or in the Judiciary; 

(g) Appointments or designations extended by the President; chanrobles virtuallaw libraryred

(h) Where the positions are found in local government units; 

(i) Teaching personnel; and

(j) Where the replacement come from existing employees. 

Sec. 4. Penalty. — Any appointing authority who makes an appointment in violation of this Act shall, upon conviction, be punished by imprisonment of not less than three (3) months but not exceeding six (6) months or by a fine of not less than Three thousand pesos (P3,000) but not exceeding Five thousand pesos (P5,000), or both such imprisonment and fine, at the discretion of the court.cralaw:red 

In addition, the appointing official shall be personally liable for the salary that would have accrued had the employment been lawful, and the disbursing official shall make payment to the employee of such amount from the salary of the appointing authority.cralaw:red 

Sec. 5. Annual Reports. — The Civil Service Commission, as the central personnel agency of the Government, shall monitor and render an annual report to the President and the Congress on the extent of compliance with the law.cralaw:red 

The report shall include, among others, the following: 

(a) Total number of positions authorized in the agency's annual budget; chanrobles virtuallaw libraryred(b) Total number of officers and employees at the end of the year; chanrobles virtuallaw libraryred

(c) Total number of officers and employees separated from the service during the year categorized as follows: 

(1) Those who resigned; chanrobles virtuallaw libraryred(2) Those who retired; chanrobles virtuallaw libraryred

(3) Those who were dismissed from the service; 

(4) Those who died; and 

(5) Those who transferred to another agency. 

(d) Total number of new personnel recruited during the year; and chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(e) Total number of vacancies at the end of the year.

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Sec. 6. Rules and Regulations. — The Civil Service Commission shall issue the necessary rules and regulations for the effective implementation of this Act. chanrobles virtuallaw libraryred

Sec. 7. Repealing Clause. — All laws, presidential decrees, executive orders, other executive issuances, or parts thereof, which are inconsistent with this Act are hereby repealed or modified accordingly.cralaw:red 

Sec. 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. chanrobles virtuallaw libraryred
 
 

Approved: April 15, 1992