CIVIL SERVICE

LAWS AND RULES

 THE CIVIL SERVICE
COMMISSION (CSC)
■ The CSC is created under Article IX-B of the 1987 Philippine Constitution
■ Coverage of the CSC
– It is the Central Personnel Agency of the government.
– Section 2. (1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including government-owned
or controlled corporations with original charters.
(2) Appointments in the civil service shall be made only according to merit and
fitness to be determined, as far as practicable, and, except to positions which are
policy-determining, primarily confidential, or highly technical, by competitive
examination.
THE CIVIL SERVICE
COMMISSION (CSC)
(3) No officer or employee of the civil service shall be removed or suspended except
for cause provided by law.
(4) No officer or employee in the civil service shall engage, directly or indirectly, in
any electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government employees.
(6) Temporary employees of the Government shall be given such protection as may
be provided by law. (Section 2, Article IX-B, 1987 Philippine Constitution)
THE CIVIL SERVICE COMMISSION
(CSC),
FUNCTIONS:
■ Establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in
the civil service.;
■ Strengthen the merit and reward system, integrate all human resources
development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability; and
■ Submit to the President and the Congress an annual report on its
personnel programs, (Section 3, Article IX-B, 1987 Philippine
Constitution)
COMPOSITION &
QUALIFICATIONS OF THE CSC
■ One (1) Chairman; Two (2) Commissioners
■ Term of Office: seven (7) years
■ Appointed by the President of the Republic of the Philippines
■ Qualifications:
a. Natural born citizen of the Philippines;
b. At least 35 years of age at the time of appointment; and
c. Have not been a candidate for any elective position in the elections immediately
preceding the appointment. (Section 1, Article IX, 1987 Philippine Constitution)
SAFEGUARDS OF INDEPENDENCE
OF THE CSC
a) It is constitutionally created and may not be abolished by the statute;
b) It is conferred with certain powers and functions which cannot be withdrawn or reduced
by statute;
c) The Chairman of the CSC and its members cannot be removed except by impeachment;
d) The term of office is fixed at seven years;
e) The Commission enjoys fiscal autonomy;
f) It may promulgate its own procedural rules, provided they do not diminish, increase or
modify substantive rights.
JURISDICTION OF THE CSC

■ Jurisdiction means the power to hear and decide the

case brought before it.
■ Jurisdiction of the CSC is concurrent with the
Secretaries and Heads of Agencies and other
instrumentalities over their respective employees.
They shall take cognizance of the complaints
involving their personnel.
THE ADMINISTRATIVE CODE
OF 1987
ON THE CIVIL SERVICE
COMMISSION
Book V, Title I Executive Order 292 as amended
General Provisions
■ Declaration of Policy
■ Duties and Responsibilities of Public Officers and
Employees
■ Terms and Conditions of Employment
■ Compensation
Declaration of Policy
The State shall insure and promote the Constitutional mandate that appointments in the Civil Service
shall be made only according to merit and fitness; that the Civil Service Commission, as the central
personnel agency of the Government, shall establish a career service, adopt measures to promote
morale, efficiency, integrity, responsiveness, and courtesy in the civil service, strengthen the merit and
rewards system, integrate all human resource development programs for all levels and ranks, and
institutionalize a management climate conducive to public accountability; that public office is a public
trust and public officers and employees must at all times be accountable to the people; and that
personnel functions shall be decentralized, delegating the people; and the personnel functions shall be
decentralized, delegating the corresponding authority to the departments, offices and agencies where
such functions can be effectively performed. (Section 1, E.O. 292)
Duties and Responsibilities of
Public Officers and Employees
Public officers and employees shall have the duties,
responsibilities, and accountability provided in Chapter 9, Book I
of the Administrative Code of 1987. (Section 2 E.O. 292)
Chapter 9, Book I of the Administrative
Code of 1987
General Principles Governing Public
Officers
Nature of Public Office
Public office is a public trust. Public officers and employees must
at all times be accountable to the people, serve them with the
utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives. (Section 32, E.O.
292)
Policy on Change of Citizenship

Public officers and employees owe the State and the

Constitution allegiance at all times, and any public
officer or employee who seeks to change his citizenship
or acquire the status of an immigrant of another country
during his tenure shall be dealt with by law. (Section 33,
E.0. 292)
Declaration of Assets, Liabilities and
Net Worth
A public officer or employee shall, upon assumption of
office and as often thereafter as may be required by law,
submit a declaration under oath of his assets, liabilities,
and net worth. (Section 34, E.O. 292)
Ethics in Government

All public officers and employees shall be bound by a

Code of Ethics to be promulgated by the Civil Service
Commission. (Section 35, E.O. 292)
Inhibition Against Purchase of
Property at Tax Sale
No officer or employee of the government shall purchase
directly or indirectly any property sold by the
government for the non-payment of any tax, fee or other
public charge. Any such purchase by an officer or
employee shall be void. (Section 36, E.O. 292)
Powers Incidental to Taking of
Testimony
When authority to take testimony or receive evidence is
conferred upon any administrative officer or any non-
judicial person, committee, or other body, such authority
shall include the power to administer oaths, summon
witnesses, and require the production of documents by a
subpoena duces tecum. (Section 37, E.O. 292)
Liability of Superior Officers

1) A public officer shall not be civilly liable for acts done in the
performance of his official duties, unless there is a clear
showing of bad faith, malice or gross negligence, Any public
officer who, without just cause, neglects to perform a duty
within a period fixed by law or regulation, or within a
reasonable period if none is fixed, shall be liable for damages
to the private party concerned without prejudice to such other
liability as may be prescribed by law.
Liability of Superior Officers

2. Any public officer who, without just cause, neglects to perform a duty
within a period fixed by law or regulation, or within a reasonable
period if none is fixed, shall be liable for damages to the private party
concerned without prejudice to such other liability as may be
prescribed by law.
3. A head of a department or a superior officer shall not be civilly liable
for the wrongful acts, omissions of duty, negligence, or misfeasance of
his subordinates, unless he has actually authorized by written order the
specific act or misconduct complained of. (Section 38, E.O. 292)
Liability of Subordinate Officers

No subordinate officer or employee shall be civilly liable for acts

done by him in good faith in the performance of his duties.
However, he shall be liable for willful or negligent acts done by
him which are contrary to law, morals, public policy and good
customs even if he acted under orders or instructions of his
superiors. (Section 39, E.O. 292.)
Terms and Conditions of Employment

The terms and conditions of employment of all government

employees, including those in government–owned or controlled
corporations with original charters, shall be fixed by law. The
terms and conditions of employment which are not fixed by law
may be the subject of negotiations of employment which are not
fixed by law may be the subject of negotiation between
recognized employees’ organizations and appropriate government
authorities. (Section 3, Chapter 1, Title I-A, E.O. 292)
Compensation
The Congress shall provide for the standardization of
compensation of government officials and employees including
those in government-owned or controlled corporations with
original charters, taking into account the nature of the
responsibilities pertaining to, and the qualifications required for
the position concerned. (Section 4, Chapter 1, Title I-A, E.O. 292)
CLASSES OF SERVICE

Career Service - characterized by entrance based on merit and

fitness to be determined, as far as practicable by competitive
examinations, or based on highly technical qualifications. There
is opportunity for advancement to higher positions and security of
tenure. (Section 6, E.O. 292)
CLASSES OF SERVICE

Non-career Service – characterized by entrance on bases other

than those of the usual tests utilized for the career service. Their
tenure is limited to the 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 the employment was made.
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 qualification
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 as aid 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.
Qualification Standards

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, Chapter 5, Title I-
A, E.O. 292)
Employment Status
Appointment in the career service shall be permanent or
temporary.
(1) 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.
Employment Status

(2) 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 position 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 27, , Chapter 5, Title I-A, E.O.
292)
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 official
employment. (Section 35, , Chapter 5, Title I-A, E.O. 292)
POWERS OF THE
ADMINISTRATIVE AGENCIES
a) Rule-making (Quasi-legislative power)- the power to promulgate rules and
regulations to implement a particular law;

b) Adjudicatory (Quasi-judicial) – the power to hear, determine, and make findings of

facts and to resolve the case presented to it on the basis of its interpretation of the laws
and jurisprudence on concerning the issues of the case, subject only to the power of the
courts to review and scrutinize the same on question of law and jurisdiction.
PUBLIC OFFICE

a right, authority and duty, created and conferred by law,

by which for a given period, either fixed by law or
enduring at the pleasure of the creating power, an
individual is invested with some portion of the sovereign
functions of the state to be exercised by him for the
benefit of the body politic (Fernandez v Sto. Tomas G.R.
No. 116418).
CHARACTERISTICS OF PUBLIC
OFFICE
a)Public office is a public trust;
b)It is not a private property, and is personal
to incumbent. It cannot be a subject of a
contract;
c)There can be no vested right in public
office.
MODES OF ACQUIRING TITLE TO
PUBLIC OFFICE
a) By election is a choice made by the enfranchised
citizenry through the exercise of the right to suffrage;
b) By appointment is a selection, by the authority vested
with the power, of an individual who is to exercise the
functions of a given office.
REQUISITES OF A VALID
APPOINTMENT
a) The appointing authority must be vested with the power to appoint at
the time the appointment is made;
b) b.) The appointee should possess all the qualifications including
appropriate civil service eligibility and none of the disqualifications;
c) c.) The position is vacant;
d) d.) The appointment has been approved by the CSC;
e) e.) The appointee accepts the appointment by taking an oath of
office.
KINDS OF APPOINTMENT
(ACCORDING TO SECURITY OF
TENURE)
a) Permanent appointment-issued to a person who meets all the
requirements for the position to which he is being appointed,
including appropriate eligibility prescribed, in accordance with the
provisions of law, rules and standards, promulgated in pursuance
thereof.
b)Temporary appointment - issued to a person who meets the
requirements for the position except the appropriate civil service
eligibility, in the absence of appropriate eligible and it becomes
necessary in the public interest to fill a vacancy.
RIGHTS OF PUBLIC OFFICERS

a) Right to office;
b) Right to salary;
c) Right to preference in promotion;
d) Right to leave of office;
e) Right to retirement pay.
TERM OF OFFICE

the time during which the officer may claim

to hold the office as of right, and fixes the
interval after which the several incumbents
shall succeed one another.
TENURE OF OFFICE
represents the period during which the
incumbent actually holds office.
HOLD-OVER RULE

implies that the office has a fixed term and the

incumbent is holding onto the succeeding term. It
is usually provided by law that officers elected or
appointed shall remain in office not only for that
term but until their successors have been elected
and qualified.
Retirement Pay

the benefit given to government employees to

reward them for giving the best years of their
lives in the service of their country.
THREE LIABILITY RULE
A public officer may be subject to civil, criminal and
administrative actions. The dismissal of the
administrative case does not necessarily bar the filing of
a criminal prosecution for the same facts (Tecson vs.
Sandiganbayan)
Nonfeasance
neglect or refusal to perform an act which
is the officer’s legal obligation to
perform.
Misfeasance
failure to use that degree of care, skill and
diligence required in the performance of
official duty.
Malfeasance
doing through ignorance, inattention or malice, of
an act which he had no legal right to perform.
PREVENTIVE SUSPENSION
is a disciplinary measure which is intended the
disciplining authority to investigate charges against
respondent by preventing the latter from using his
position or office to influence witnesses, to
intimidate them or to tamper with the records which
may be vital in the prosecution of the case against
him.
Kinds of Preventive Suspension

a) Preventive suspension pending investigation;

b) Preventive suspension pending appeal.
Period of Preventive Suspension
■ Administrative Code/Civil Service- preventive suspension shall not exceed 90 days.
■ Local Government Code – single suspension shall not exceed 60 days. For
several/multiple administrative case preventive suspension shall not exceed 90 days.
■ Anti-Graft and Corrupt Practices Act (Section 13 RA 3019) – shall not exceed 90
days.
■ Ombudsman Act of 1989 (Sec. 24, RA 6770) – not more than 6 months.
TERMINATION OF OFFICIAL
RELATION
a) Expiration of term – when the term of office has ended, a public officer’s relation is
automatically terminated unless the hold-over rule applies.
b) Resignation – is the formal method of renunciation, coupled with the physical act of
relinquishing the office.
In order to be valid, the following requisites must concur:
1. It must be voluntary;
2. It must be tendered to the proper officer and he must accept it (Gamboa
vs Court of Appeals);
3. It must comply with the formal requisites laid down by law, if any (U.S.
vs. Neri Abejuela);
TERMINATION OF OFFICIAL
RELATION
c) Abandonment – is the relinquishment of office without intent to return.
d) Acceptance of incompatible office.
e) Removal – The forcible and permanent separation of an officer to his office
before the expiration of the term (Ingles vs Mutuc).
f) Impeachment – extraordinary means of removing a public official.
g) Forfeiture – divesture of a public office through a positive act.
h) Abolition of office – an office created by law may be abolished by the
constitution or by law. A constitutionally-created office may only be abolished by
the constitution.
TERMINATION OF OFFICIAL
RELATION
i) Reaching the age limit – upon reaching the mandatory age, an officer is
deemed to be separated from his office automatically.
j) Conviction of a crime that carries with it the penalty of perpetual or
temporary absolute disqualification to hold public office (Art. 30 Revised
Penal Code).
k) Death – a public office is personal and not a property that passes on to the
heirs (Poe vs Macapagal-Arroyo).
l) Recall – it is the method of removal where the people exercise suffrage
and express their loss of confidence in a public officer.
LEAVE OF ABSENCE

a right granted to employees not to report for work with

or without pay as may be provided by law and as the
rules prescribe in Rule XVI of Executive Order No. 292.
LEAVE ADMINISTRATION

■ Employees who render work during the prescribed hours are entitled to 15 days vacation leave and 15 days sick leave credits
annually or 1.25 days vacation and sick leave credits monthly, with full pay. Application for leave of absence except for emergency
sick leave shall be filed in advance, whenever possible, five (5) days before the effectivity of leave. Application for leave for thirty (30)
calendar days or more shall be accompanied by an Office Clearance from money and property accountabilities.

■ Employees who are absent without approved leave shall not be entitled to receive their salary corresponding to the period of their
unauthorized leave of absence.

■ Employees who are continuously absent  without approved leave for at least thirty (30) working days shall be considered AWOL and
shall be separated from the service or dropped from the rolls without prior notice. They shall, however, be informed at their last known
address appearing on their 201 files of their separation from the service, not later than five (5) days from its effectivity.

■ If the number of unauthorized absences is less than thirty (30) days, a written Return-to-Work Order shall be served to them at their
last known written address on record. Failure on their part to report for work within the period stated in the Order shall be a valid
ground for dropping them from the rolls.
SICK LEAVE (SL)

granted on account of sickness or disability of the

employees or any member of their family (parents,
brothers, sisters, children, spouse and even house help
who are living with the employees). Application for sick
leave shall be filed upon• return to work. Application for
sick leave filed in advance, or• exceeding five (5) days
shall be accompanied by a medical certificate.
VACATION LEAVE(VL)
granted to employee for personal reasons, the
approval of which is contingent upon the
necessities of the service. Vacation leave
without pay is considered a gap• in the
service.
FIVE (5) DAYS
FORCED/MANDATORY LEAVE(FL)
Employees with ten (10) days or more vacation•
leave shall be required to go on vacation leave
whether continuous or intermittent for a minimum
of five (5) working days annually. Forced leave
shall be forfeited if not taken• during the year.
SPECIAL PRIVILEGE LEAVE
(SPL)
leave of absence which may be availed of for a
maximum of three (3) days annually to mark
special milestones and/or attend to filial and
domestic emergencies such as birthday,
anniversary, mourning, PTA meetings, etc. SPL is
non-cumulative and non-convertible to cash.
MATERNITY LEAVE (ML)
Any pregnant female worker in the government service, regardless of employment status, in National
Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled
Corporations (GOCCs), or State Universities and Colleges (SUCs), shall be granted a maternity leave
of one hundred five (105) days with full pay regardless if the delivery was normal or caesarian:
Provided, That, in case the employee qualifies as a solo parent under Republic Act No. 8972, or the
"Solo Parents’ Welfare Act", the employee shall be paid an additional maternity benefit of fifteen (15)
days. An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of
the female worker: Provided, further, That, the head of the agency shall be given due notice, in writing,
at least forty-five (45) days before the end of her maternity leave: Provided, finally, That no prior notice
shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head
of the agency.
Maternity leave of sixty (60) days, with full pay, shall be granted for miscarriage or emergency
termination of pregnancy. (Section 4, R.A. No. 11210)
PATERNITY LEAVE (PL)
Every married male employee is entitled to•
paternity leave of seven (7) working days for each
of the first four (4) deliveries of his legitimate
spouse. It is non-cumulative and non-convertible
to cash.•
PARENTAL LEAVE (SOLO
PARENT ACT)
seven (7) days leave of absence granted to a parent who has
the sole custody and responsibility of the child and who has
rendered at least one (1) year of service regardless of
employment status. In order to avail of the Parental Leave,
the solo• parent shall submit to the Personnel Division the
Solo Parent Identification Card or Certification
issued/validated by the DSWD within the month of January
every year. (Section 8 R.A. No. 8972)
REHABILITATION LEAVE
granted to employees for disability on account of injuries
sustained while in the performance of duty. The duration,
frequency and terms of availing this• leave shall be based on
the recommendation of the medical authority i.e. may be
half day basis, intermittent schedule or less than six (6)
months, but not to exceed six (6) months and their absences
shall not be deducted from the sick and vacation leave
credits.
TEN (10) DAYS LEAVE (VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT OF
2004)
Any woman employee in the government service,
regardless of employment status and/or whose child is a
victim of violence and whose age is below eighteen (18)
or above eighteen (18), but unable to care of oneself, is
entitled to avail of the ten (10) days leave. It may be on a
continuous or intermittent manner• to cover the days they
have to attend to medical and legal concerns.
SPECIAL LEAVE BENEFITS FOR
WOMEN
Any female employee shall be entitled to special leave of a maximum of two (2) months
with full pay based on her gross monthly compensation, provided she has rendered at least
six (6) months aggregate service in any or various government agencies for the last twelve
(12) months prior to undergoing surgery for gynecological disorder. The special leave may
be availed for every• instance of gynecological disorder requiring surgery. (Section 18 R.A.
No. 9710)

Gynecological Disorder – refers to disorders that would require surgical procedures such
as, but not limited to dilatation and curettage and those involving female reproductive
organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic
floor, as certified by a competent physician.
STUDY LEAVE
a time-off from work not exceeding six (6) months
with pay for the purpose of assisting qualified
employees to prepare for their bar or board
examinations to complete their master’s degree.
TERMINAL LEAVE
refers to the money value of the total accumulated
leave credits of an employee based on the highest
salary rate received prior to or upon retirement
date/voluntary separation.
SPECIAL EMERGENCY
LEAVE
5-day leave granted to those employees
directly affected by natural calamities and
disasters. (Office Order No. 2012-02)
THANK YOU!