ADMINISTRATIVE CODE OF 1987 (E.O. No.

292)
BOOK V
TITLE I

Constitutional Commissions
SUBTITLE A

Civil Service Commission

CHAPTER 3

Organization and Functions of the Civil Service

Commission

SECTION 10. Composition.—The Commission shall be

composed of a Chairman and two Commissioners who shall
be natural born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, with
proven capacity for public administration, and must not have
been candidates for any elective position in the elections
immediately preceding their appointment.

SECTION 11. Appointment of Chairman and

Commissioners.—The Chairman and the Commissioners
shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of the first appointed, the Chairman
shall hold office for seven years, a Commissioner for five
years, and another Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for
the unexpired term of the predecessor. In no case shall any

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Member be appointed or designated in a temporary or acting
capacity.

SECTION 12. Powers and Functions.—The Commission

shall have the following powers and functions:

(1) Administer and enforce the constitutional and statutory

provisions on the merit system for all levels and ranks in the
Civil Service;

(2) Prescribe amend and enforce rules and regulations for

carrying into effect the provisions of the Civil Service Law
and other pertinent laws;

(3) 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;

(4) Formulate policies and regulations for the administration,

maintenance and implementation of position classification
and compensation and set standards for the establishment,
allocation and reallocation of pay scales, classes and
positions;

(5) Render opinion and rulings on all personnel and other

Civil Service matters which shall be binding on all heads of
departments, offices and agencies and which may be
brought to the Supreme Court on certiorari;

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(6) Appoint and discipline its officials and employees in
accordance with law and exercise control and supervision
over the activities of the Commission;

(7) Control, supervise and coordinate Civil Service

examinations. Any entity or official in government may be
called upon by the Commission to assist in the preparation
and conduct of said examinations including security, use of
buildings and facilities as well as personnel and
transportation of examination materials which shall be
exempt from inspection regulations;

(8) Prescribe all forms for Civil Service examinations,

appointments, reports and such other forms as may be
required by law, rules and regulations;

(9) Declare positions in the Civil Service as may properly be

primarily confidential, highly technical or policy determining;

(10) Formulate, administer and evaluate programs relative to

the development and retention of qualified and competent
work force in the public service;

(11) Hear and decide administrative cases instituted by or

brought before it directly or on appeal, including contested
appointments, and review decisions and actions of its offices
and of the agencies attached to it. Officials and employees
who fail to comply with such decisions, orders, or rulings
shall be liable for contempt of the Commission. Its decisions,
orders, or rulings shall be final and executory. Such
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decisions, orders, or rulings may be brought to the Supreme
Court on certiorari by the aggrieved party within thirty (30)
days from receipt of a copy thereof;

(12) Issue subpoena and subpoena duces tecum for the

production of documents and records pertinent to
investigations and inquiries conducted by it in accordance
with its authority conferred by the Constitution and pertinent
laws;

(13) Advise the President on all matters involving personnel

management in the government service and submit to the
President an annual report on the personnel programs;

(14) Take appropriate action on all appointments and other

personnel matters in the Civil Service including extension of
Service beyond retirement age;

(15) Inspect and audit the personnel actions and programs

of the departments, agencies, bureaus, offices, local
government units and other instrumentalities of the
government including government-owned or controlled
corporations; conduct periodic review of the 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 the employees in these offices and apply
appropriate sanctions whenever necessary;

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(16) Delegate authority for the performance of any function
to departments, agencies and offices where such function
may be effectively performed;

(17) Administer the retirement program for government

officials and employees, and accredit government services
and evaluate qualifications for retirement;

(18) Keep and maintain personnel records of all officials and

employees in the Civil Service; and

(19) Perform all functions properly belonging to a central

personnel agency and such other functions as may be
provided by law.

SECTION 13. Duties and Responsibilities of the Chairman.

—Subject to policies and rules adopted by the Commission,
the Chairman shall:

(1) Direct all operations of the Commission;

(2) Establish procedures for the effective operations of the

Commission;

(3) Transmit to the President rules and regulations, and

other guidelines adopted by the Chairman which require
Presidential attention including annual and other periodic
reports;

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(4) Issue appointments to, and enforce decisions on
administrative discipline involving officials and employees of
the Commission;

(5) Delegate authority for the performance of any function to

officials and employees of the Commission;

(6) Approve and submit the annual and supplemental budget

of the Commission; and

(7) Perform such other functions as may be provided by law.

SECTION 14. Membership of the Chairman in Boards.—The

Chairman shall be a member of the Board of Directors or of
other governing bodies of government entities whose
functions affect the career development, employment status,
rights, privileges, and welfare of government officials and
employees, such as the Government Service Insurance
System, Foreign Service Board, Foreign Trade Service
Board, National Board for Teachers, and such other similar
boards as may be created by law.

SECTION 15. Duties and Responsibilities of the Members of

the Commission.—Jointly with the Chairman, the two (2)
Commissioners shall be responsible for the effective
exercise of the rule-making and adjudicative functions of the
Commission. They shall likewise perform such functions as
may be delegated by the Commission. In case of the
absence of the Chairman owing to illness or other cause, the
senior member shall perform the functions of the Chairman.
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SECTION 16. Offices in the Commission.—The Commission
shall have the following offices:

(1) The Office of the Executive Director headed by an

Executive Director, with a Deputy Executive Director shall
implement policies, standards, rules and regulations
promulgated by the Commission; coordinate the programs of
the offices of the Commission and render periodic reports on
their operations, and perform such other functions as may be
assigned by the Commission.

(2) The Merit System Protection Board composed of a

Chairman and two (2) members shall have the following
functions:

(a) Hear and decide on appeal administrative cases

involving officials and employees of the Civil Service. Its
decision shall be final except those involving dismissal or
separation from the service which may be appealed to the
Commission;

(b) Hear and decide cases brought before it on appeal by

officials and employees who feel aggrieved by the
determination of appointing authorities involving personnel
actions and violations of the merit system. The decision of
the Board shall be final except those involving division chiefs
or officials of higher ranks which may be appealed to the
Commission;

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(c) Directly take cognizance of complaints affecting functions
of the Commission, those which are unacted upon by the
agencies, and such other complaints which require direct
action of the Board in the interest of justice;

(d) Administer oaths, issue subpoena and subpoena duces

tecum, take testimony in any investigation or inquiry, punish
for contempt in accordance with the same procedures and
penalties prescribed in the Rules of Court; and

(e) Promulgate rules and regulations to carry out the

functions of the Board subject to the approval of the
Commission.

(3) The Office of Legal Affairs shall provide the Chairman

with legal advice and assistance; render counselling
services; undertake legal studies and researches; prepare
opinions and rulings in the interpretation and application of
the Civil Service law, rules and regulations; prosecute
violations of such laws, rules and regulations; and represent
the Commission before any Court or tribunal.

(4) The Office of Planning and Management shall formulate

development plans, programs and projects; undertake
research and studies on the different aspects of public
personnel management; administer management
improvement programs; and provide fiscal and budgetary
services.

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(5) The Central Administrative Office shall provide the
Commission with personnel, financial, logistics and other
basic support services.

(6) The Office of Central Personnel Records shall formulate

and implement policies, standards, rules and regulations
pertaining to personnel records maintenance, security,
control and disposal; provide storage and extension
services; and provide and maintain library services.

(7) The Office of Position Classification and Compensation

shall formulate and implement policies, standards, rules and
regulations relative to the administration of position
classification and compensation.

(8) The Office of Recruitment, Examination and Placement

shall provide leadership and assistance in developing and
implementing the overall Commission programs relating to
recruitment, examination and placement, and formulate
policies, standards, rules and regulations for the proper
implementation of the Commission’s examination and
placement programs.

(9) The Office of Career Systems and Standards shall

provide leadership and assistance in the formulation and
evaluation of personnel systems and standards relative to
performance appraisal, merit promotion, and employee
incentive benefits and awards.

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(10) The Office of Human Resource Development shall
provide leadership and assistance in the development and
retention of qualified and efficient work force in the Civil
Service; formulate standards for training and staff
development; administer service-wide scholarship programs;
develop training literature and materials; coordinate and
integrate all training activities and evaluate training
programs.

(11) The Office of Personnel Inspection and Audit shall

develop policies, standards, rules and regulations for the
effective conduct or inspection and audit of personnel and
personnel management programs and the exercise of
delegated authority; provide technical and advisory services
to Civil Service Regional Offices and government agencies
in the implementation of their personnel programs and
evaluation systems.

(12) The Office of Personnel Relations shall provide

leadership and assistance in the development and
implementation of policies, standards, rules and regulations
in the accreditation of employee associations or
organizations and in the adjustment and settlement of
employee grievances and management-employee disputes.

(13) The Office of Corporate Affairs shall formulate and

implement policies, standards, rules and regulations
governing corporate officials and employees in the areas of
recruitment, examination, placement, career development,

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merit and awards systems, position classification and
compensation, performing appraisal, employee welfare and
benefits, discipline and other aspects of personnel
management on the basis of comparable industry practices.

(14) The Office of Retirement Administration shall be

responsible for the enforcement of the constitutional and
statutory provisions, relative to retirement and the regulation
for the effective implementation of the retirement of
government officials and employees.

(15) The Regional and Field Offices.—The Commission shall

have not less than thirteen (13) Regional offices each to be
headed by a Director, and such field offices as may be
needed, each to be headed by an official with at least the
rank of an Assistant Director. Each Regional Office shall
have the following functions:

(a) Enforce Civil Service law and rules, policies, standards

on personnel management within their respective
jurisdiction;

(b) Provide technical advice and assistance to government

offices and agencies regarding personnel administration;
and

(c) Perform such other functions as may be delegated by the

Commission.

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 CHAPTER 7

Discipline

SECTION 46. 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:

(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;
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(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;

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(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 a non-political office;

(27) Conduct prejudicial to the best interest of the service;

(28) Lobbying for personal interest or gain in legislative halls

or 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 60 of this Title.

(c) Except when initiated by the disciplining authority, no

complaint against a civil service official or employee shall be

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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, demotion in rank,
suspension for not more than one year without pay, fine in
an amount not exceeding six months’ salary, or reprimand.

SECTION 47. Disciplinary Jurisdiction.—(1) 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.

(2) The Secretaries and heads of 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

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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 Secretary
concerned.

(3) 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 (4) of
the following Section.

(4) 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.

SECTION 48. Procedures in Administrative Cases Against

Non-Presidential Appointees.—(1) Administrative
proceedings may be commenced against a subordinate
officer or employee by the Secretary or head of office of
equivalent rank, or head of local government, or chiefs of
agencies, or regional directors, or upon sworn, written
complaint of any other person.

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(2) 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.

(3) 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.

(4) 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,

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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.

(5) 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.

(6) 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.

(7) 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.

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The phrase “any other party” shall be understood to be a
complainant other than those referred to in subsection (a)
hereof.

SECTION 49. Appeals.—(1) 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.

(2) A petition for reconsideration shall be based only on any

of the following grounds: (a) new evidence has been
discovered which materially affects the decision rendered;
(b) the decision is not supported by the evidence on record;
or (c) errors of law or irregularities have been committed
which are prejudicial to the interest of the respondent:
Provided, That only one petition for reconsideration shall be
entertained.

SECTION 50. Summary Proceedings.—No formal

investigation is necessary and the respondent may be

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immediately removed or dismissed if any of the following
circumstances is present:

(1) When the charge is serious and the evidence of guilt is

strong;

(2) 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; and

(3) When the respondent is notoriously undesirable.

Resort to summary proceedings by the 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 51. 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.

SECTION 52. Lifting of Preventive Suspension Pending

Administrative Investigation.—When the administrative case
against the officer or employee under preventive suspension

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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 53. 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.

SECTION 17. Organizational Structure.—Each office of the

Commission shall be headed by a Director with at least one
(1) Assistant Director, and may have such divisions as are
necessary to carry out their respective functions. As an
independent constitutional body, the Commission may effect
changes in the organization as the need arises.

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