Chapter 3

The Philippine Civil Service

Lesson 1: Scope of the Civil Service

Lesson 2: Personnel Actions

Lesson 3: Classification of Positions in the Civil Service

Lesson 4: Leave Administration for Government

Employees

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Objectives:

At the end of the chapter, the students should be able to:

1. Understand the history, functions and roles of the Philippine Civil Service;

2. Differentiate personnel actions;

3. Know the classifications of positions in the civil service;

4. Compare and contrast the different types of leaves available for government employees;

and

5. Internalize the rules and regulations on administrative cases

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RATIONALE:

When you join the government service, you must be familiar with major aspects of government

personnel administration – classes of position, recruitment, selection, career service examinations,

qualification standards, appointment processes and other personnel actions.

The Civil Service Commission of the Philippines (Filipino: Komisyon ng Serbisyo Sibil, abbreviated

as CSC) is one of the three Constitutional Commissions of the Philippines with responsibility over

the civil service. It is tasked with overseeing the integrity of government actions and processes. The

commission was founded in 1900 through Act No. 5 of the Philippine Commission and was made a

bureau in 1905. The Civil Service Commission (CSC) is the central personnel agency of the Philippine

government responsible for the policies, plans, and programs concerning all civil service employees.

It has 16 regional offices throughout the country.

Civil service refers to men and women who works in all branches, subdivisions and instrumentalities
of the government, to deliver public services. These men and women perform varied duties and

responsibilities to keep the business of government going.

The Civil Service Commission was conferred the status of a department by Republic Act No. 2260 as

amended and elevated to a constitutional body by the 1973 Constitution. It was reorganized under

PD No. 181 dated September 24, 1972, and again reorganized under Executive Order no. 181 dated

November 21, 1986. With the new Administrative Code of 1987 (EO 292), the Commission is

constitutionally mandated to promote morale, efficiency, integrity, responsiveness, progressiveness,

and courtesy in the Civil Service

The Philippine civil Service was established on September 19, 1900 to ascertain the merit

and fitness of applicants for positions in the government and to maintain an efficient and honest

service in the Philippines. Its central office is located at Constitution Hills, Batasang Pambansa

Complex, Diliman Quezon City, Philippines and its official seal is shown below:

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Historical Highlights

The civil service system in the Philippines was formally established under Public Law No. 5 ("An Act

for the Establishment and Maintenance of Our Efficient and Honest Civil Service in the Philippine

Island") in 1900 by the Second Philippine Commission. A Civil Service Board was created composed

of a Chairman, a Secretary and a Chief Examiner. The Board administered civil service examinations

and set standards for appointment in government service. It was reorganized into a Bureau in 1905.

The 1935 Philippine Constitution firmly established the merit system as the basis for employment in

government. The following years also witnessed the expansion of the Bureau’s jurisdiction to include

the three branches of government: the national government, local government and government

corporations.

In 1959, Republic Act 2260, otherwise known as the Civil Service Law, was enacted. This was the first

integral law on the Philippine bureaucracy, superseding the scattered administrative orders relative

to government personnel administration issued since 1900. This Act converted the Bureau of Civil

Service into the Civil Service Commission with department status.

In 1975, Presidential Decree No. 807 (The Civil Service Decree of the Philippines) redefined the role

of the Commission as the central personnel agency of government. Its present mandate is derived
from Article IX-B of the 1987 Constitution which was given effect through Book V of Executive Order

No. 292 (The 1987 Administrative Code). The Code essentially reiterates existing principles and

policies in the administration of the bureaucracy and recognizes, for the first time, the right of

government employees to self-organization and collective negotiations under the framework of the

1987 Constitution ([Link]

Specific Objectives:

Lesson 1-

Scope of the Civil

Service

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At the end of the lesson, the students are expected to:

1. Understand the functions of the civil service as the central personnel agency of the

government;

2. Familiarize the functions of the Philippine Civil Service Commission and the Human

Resource Management Officer;

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Introduction

When you join the government service, you must be familiar with major aspects of government

personnel administration – classes of position, recruitment, selection, career service examinations,

qualification standards, appointment processes and other personnel actions.

Civil Service refers to men and women who works in all branches, subdivisions and instrumentalities

of the government, to deliver public services. These men and women perform varied duties and

responsibilities to keep the business of government going.

The Philippine civil Service was established on September 19, 1900 to ascertain the merit and fitness

of applicants for positions in the government and to maintain an efficient and honest service in the

Philippines.

Organizational Structure

 Office of the Chairman

 Office of the Commissioners

 Office of the Assistant Commissioners

 Office of the Executive Director

 Commission Secretariat and Liaison Office

 Office for Legal Affairs

 Examination, Recruitment, and Placement Office

 Office for Human Resource Management and Development

 Civil Service Institute

 Office for Strategy Management

 Internal Audit Service

 Human Resource Policies and Standards Office

 Integrated Records Management Office

 Human Resource Relations Office

 Office for Financial and Assets Management

 Public Assistance And Information Office

Mandated Functions of the Civil Service Commission

Under Executive Order No. 292, the Civil Service Commission shall perform the following

functions: ([Link]

 Administer and enforce the constitutional and statutory provisions on the merit system for all

levels and ranks in the Civil Service;

 Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the

Civil Service Laws and other pertinent laws;

 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;

 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;

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 Render opinion and rulings on all personnel and other Civil Service matters which shall be
binding on all head of departments, offices and agencies and which may be brought to the

Supreme Court on certiorari;

 Appoint and discipline its officials and employees in accordance with law and exercise control

and supervision over the activities of the Commission;

 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;

 Prescribe all forms for Civil Service examinations, appointment, reports and such other forms as

may be required by law, rules and regulations;

 Declare positions in the Civil Service as may properly be primarily confidential, highly technical or

policy determining;

 Formulate, administer and evaluate programs relative to the development and retention of

qualified and competent work force in the public service;

 Hear and decide administrative cases instituted by or brought before it directly or on appeal,

including contested appointments, and review decisions and action 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 decisions, orders, or rulings may be brought to Supreme Court on

certiorari by the aggrieved party within thirty (30) days from receipt of the copy thereof;

 Issues 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;

 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;

 Take appropriate actions on all appointments and other personnel matters in the Civil Service

including extension of service beyond retirement age;

 Inspect and audit the personnel actions and programs of the departments, agencies, bureaus,

offices, local 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;

 Delegate authority for the performance of any functions to departments, agencies and offices

where such functions may be effectively performed;

 Administer the retirement program of government officials and employees, and accredit

government services and evaluate qualification for retirement;

 Keep and maintain personnel records of all officials and employees in the Civil Service; and

 Perform all functions properly belonging to a central personnel agency such as other functions as

may be provided by law.

FUNCTIONS AND DUTIES OF THE CIVIL SERVICE COMMISSION

Immediately after the appointment the Commission shall organize, by electing one (1) of its

members chairman and hold regular meetings at least once every sixty (60) days, and may hold such

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additional meetings as may be required in the proper discharge of their duties. The Civil Service

Commission shall appoint either the City Clerk of the City of Stockton, or one (1) of the deputies in

the office of the City Clerk to be Secretary of the Civil Service Board. The Commission may designate

the Secretary to be Chief Examiner for the Board or one (1) of the deputies in the office of the City

Clerk or the Commission may designate one (1) of their own members or any duly qualified person

or agency as Chief Examiner for any particular examination or examinations, or part of said

examination or examinations.

The Secretary and/or Chief Examiner of the Civil Service Commission may be subject to

suspension or discharge at the discretion of the Commission. The Secretary of the Commission shall

keep the records of the Commission, preserve all reports made to it, keep a record of all

examinations held under its direction and perform such other duties as the Commission may

prescribe. It shall be the duty of the Civil Service Commission:

(a) To make suitable rules and regulations not inconsistent with the provisions of this act.

Such rules and regulations shall provide in detail the manner in which examinations may be held and

appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall

be made, and may also provide general subject of personnel administration and which may be

considered desirable to further carry out the general purposes of this act or which may be found to

be in the interest of good personnel administration. Such rules and regulations may be changed

from time to time. The rules and regulations and any amendments thereof shall be printed or

mimeographed or multigraphed for free public distribution.

(b) All tests shall be practical and shall consist only of subjects which will fairly determine

the capacity of persons examined to perform duties of the position to which appointment or

promotion is to be made.

(c) The rules and regulations adopted by the Commission shall provide for the award of five

points in favor of all applicants for appointment or employment under civil service, who have served

on active duty in any branch of the United States Armed Forces, including the National Guard and

the United States Coast Guard for at last 181 consecutive days and have been honorably discharged.

These credits shall apply to entrance examinations only.

(d) The Commission may make investigations concerning and report upon all matters

touching the enforcement and effect of the provisions of this act and the rules and regulations

prescribed hereunder, inspect all institutions, departments, offices, places, positions and

employments affected by this act and ascertain whether this act and all such rules and regulations

are being obeyed. Such investigation may be made by the Commission or by any Commissioner

designated by the Commission for that purpose. Not only must these investigations be made by the

Commission as aforesaid, but the Commission must make like investigations upon petition of a

citizen who is an elector of the City of Stockton, duly verified, stating that irregularities or abuses

exist or setting forth in concise language in writing the necessity for such investigation. In the course

of all investigations or hearings before the Commission, or designated Commissioner, or Chief

Examiner, shall have the power to administer oaths, subpoena and require the attendance of

witnesses and the production by them of books, papers, documents and accounts appertaining to

the investigation or hearing and also to cause the deposition of witnesses residing within or without

the State to be taken in the manner prescribed by law for like depositions in civil actions in the

Superior Courts of the State of California and the oaths administered hereunder and the subpoenas

issued hereunder shall have the same force and effect as the oaths administered by a Superior Court
Judge of California in his judicial capacity; and failure upon the part of any person so subpoenaed to

comply with the provisions of this Section shall be deemed a violation of this act and punishable as

such.

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(e) Hearings and Investigations; How Conducted. All hearings and investigations before the

Commission, or designated Commissioner or Chief Examiner, shall be governed by this act and by

rules of practice and procedure to be adopted by the Commission, and in the conduct thereof

neither the Commission nor designated Commissioner or Chief Examiner shall be bound by the

technical rules of evidence. No informality in any proceedings or hearing or in the manner of taking

testimony before the Commission or designated Commissioner or Chief Examiner shall invalidate any

order, decision, rule or regulation made, approved or confirmed by the Commission; provided,

however, that no order, decision, rule or regulation made by any designated Commissioner

conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and

until concurred in by at least two (2) of the other four (4) members.

(f) To hear and determine appeals or complaints respecting the administrative work of the

Personnel Department, appeals upon the allocation of positions, suspension, demotion or discharge

of members, the rejection of an examination and such other matters as may be referred to the

Commission.

(g) Establish and maintain in card or other suitable form, a roster of all officers and

employees.

(h) Provide for, formulate and hold competitive tests to determine the relative qualifications

of persons who seek employment in any class or position, and as a result thereof with other

permissible factors establish eligible lists for the various classes of positions and to provide that

Police Officers laid off because of curtailment of expenditures, reductions in force and for like

causes, head the list in the order of their seniority to the end that they shall be the first to be

reemployed.

(i) When a vacant position is to be filled, to certify to the appointing authority, on written

request, the name, or names, of the person, or persons, of the appropriate number highest on the
eligible list for the class. If there is no such list, to authorize provisional or temporary appointment

list for such class. Such temporary or provisional appointment shall not continue for a period longer

than four (4) months; nor shall any person receive more than one (1) provisional appointment or

serve more than four (4) months as a provisional appointee in any one (1) fiscal year.

(j) Within sixty (60) days after the date of the taking effect of this act, the Commission shall

classify all offices, places, positions and employments and adopt rules and regulations to carry out

the purposes and provisions of this act. Within ninety (90) days after the date of the taking effect of

this act, the Commission shall hold examinations for the filling of all offices, places, positions and

employments not filled by persons adopted or inducted into civil service as hereinafter provided. As

soon as such examinations have been held and the eligible candidates have been ascertained, it shall

be the duty of the Commission to certify to the appointing officer of the City, within ninety (90) days

after the taking of the test, the names and addresses of all such eligible candidates upon the roster

as may be available for such offices, places, positions or appointments as are not then filled by

persons adopted and inducted into civil service as hereinafter provided, and it shall be the duty of

the appointing officer of the City to make selections and appointments from the lists so certified.

Any person carried on the eligible list for a period of three (3) years without being appointed or

promoted, shall be dropped from said eligible list and shall thereafter not be eligible for

appointment or promotion without re-examination.

(k) Keep such records as may be necessary for the proper administration of this act.

(Source: [Link]
2503&frames=on)

Central Functions of Human Resources Management

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1. Staffing

2. Training and Development

3. Motivation, and

4. Maintenance

Staffing refers to that function which locates competent employees and getting them to work for

the organization. The major activities of staffing includes (1) human resources planning, (2)
recruitment; (3) selection

Training and development is the acquisition of skills, knowledge and attitudes which enable people

to achieve their current and future individual and corporate objectives.

Motivation refers to the process of activating behavior, sustaining it, and directing it towards a

particular goal. The major activities include: (1) motivation and job design; (2) performance

evaluation; (3) rewards and compensation; (4) employee benefits

Maintenance is the function of HRM that insures employee retention and the motivation for more

and better productivity. Included in the maintenance function are (1) safety; (2) health and (3)

communication programs.

STATUTORY MANDATE, THRUST, AND OBJECTIVES OF PERSONNEL OFFICER POSITION

Each department of the national government and agency or office and each province and chartered

city shall have a personnel office headed by a personnel officer, who subject to the authority of the

head of the organization concerned, shall be responsible for personnel management and

maintenance (Section 2, Article V of R.A. 2260)

Personnel Officer is the highest Administrative Officer/Human Resource Management Officer in the

unit, section or department and/or agency.

A Personnel officer assumes responsibility for the development of comprehensive and balanced

personnel system and programs designed to promote morale, integrity, efficiency, responsiveness,

progressiveness and courtesy, in the implementation of government-wide personnel management

programs in the agency, province, city or municipality, and effectively carries out the communication

system with the Civil Service Commission.

Duties and Responsibilities

1. Assist and advise the head of the department, province, city, or municipality in the

development, formulation and execution of policies, rules and regulations in all areas of

personnel management in accordance with Civil Service Commission rules and laws.

2. Implement comprehensive and balanced personnel development programs designed to

raise the level of efficiency, effectiveness and morale of the personnel in the department,

province, city, or municipality and the Commission of all activities and development in these

areas;
3. Establish a sound recruitment and selection system with the organization;

4. Administer the position classification and compensation system and other employee welfare

programs such as medical and hospitalization benefits, health and safety standards,

disability, retirement and other benefits;

5. Help create an atmosphere conducive to good supervisor-employee relations and

improvement of employee welfare and morale and recognizes the employees’ right to self

organization;

6. Assist the department and agency in the development and implementation of performance

standards evaluation systems and employee recognition programs;

7. Conduct exit interview of employees about to retire, resign, transfer, or separate from the

agency to obtain their suggestions and/or feedback on how to improve organization

productivity and performance;

8. Provide inputs in the development and implementation of human resource training and

development programs

Examinations

The CSC is tasked to generate roster of eligibles through these examinations:

• Career Service Examination (Professional and Sub-Professional)

• Career Service Examination for Foreign Service Officer (CSE-FSO)

• Fire Officer Examination (FOE)

• Penology Officer Examination (POE)

• Basic Competency on Local Treasury Examination (BCLTE)

• Intermediate Competency on Local Treasury Examination (ICLTE)

• Pre-employment Test

• Promotional Test

• Ethics-Oriented Personality Test (EOPT)

Lesson 2- Personnel Actions

Specific Objectives:

At the end of the lesson, the students are expected to:

1. Understand the process of appointment in the government and the documents needed

for its processing;

2. Familiarize the status of appointment in the civil service;

3. Exemplify the different personnel actions in the civil service

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Introduction:

Appointment is a warrant in writing extended by a competent authority allowing the appointee to

occupy the position stated in the appointment, perform duties effective at a date specified with

definite compensation.

Appointment Preparation

1. Personal Data Sheet;

2. Position Description Form

3. Certification by appointing authority to the effect that all requirements have been complied

and found in order;

4. Medical Certificate;

5. Certified true copy of decisions in administrative or criminal case of appointee;

6. NBI clearance

Disapproval of Appointment

1. Does not meet the qualification requirements for the position;

2. Has been found guilty of a crime involving moral turpitude, or infamous, disgraceful conduct

or addiction to narcotics or dishonesty

3. Has been dismissed from the service for cause, unless an executive clemency has been

granted;

4. Has intentionally made a false statement of any material fact or has practiced or attempted

to practice any deception in connection with appointment

5. Has been appointed to a position without an approved QS.

6. Non-compliance with procedures provided in the Merit Promotions Plan

7. Failure to pass through agency’s Personnel Selection Board

8. Violations of existing collective agreement between management and the employees

relative to promotions;

9. Violations of other existing civil service law, rules and regulations

Status of Appointment in the Career Service

Permanent Appointment – is issued to a person who meets all the minimum requirements for the

position to which he/she is being appointed or promoted including the appropriate eligibility.

Temporary Appointment – is issued to a person who meets all the requirements for the position to

which he/she is being appointed except the appropriate eligibility. However, this will be issued only

in the absence of a qualified eligible available. Temporary appointment is good only for 12 months,

and the appointee may be replaced anytime if a qualified eligible who is willing to accept the

appointment in the civil services becomes actually available.

Lesson 2- Personnel Actions

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Substitute Appointment – is issued when the regular incumbent of a position is temporarily unable

to perform the duties of his position due to: official leave for at least 3 months, on scholarship or

training grant or on secondment.

Status of Appointment in the Non-Career Service

Co-terminous– is issued to a person whose entrance and continuity in the service is based on trust

and confidence of the appointing authority; or limited by the duration of the project

Types of Co-Terminous Appointments

1. Co-terminous with the appointing authority;

2. Co-terminous with the head of organizational unit;

3. Co-terminous with the incumbent

4. Co-terminous with the project;

5. Co-terminous with the life span of the agency

Contractual– appointment issued to a person who will undertake a specific work or job for a limited
period; not to exceed one year;

Seasonal/Emergency/Casual – when services are essential and its regular staff is insufficient to carry

out the demands of the service.

PERSONNEL ACTIONS refers to any action denoting the movement or progress of personnel in the

civil service. Some typical personnel actions:

Original appointment this is issued to a person who meets all the requirements of the position

including eligibility under permanent status.

Promotion is the movement from one position to another with increase in duties and responsibilities

and accompanied by increase in pay.

Transfer is the movement from one position to another which is of equivalent rank, level or salary,

without break in service. Transfer involves the issuance of an appointment.

Detail is the temporary movement of an employee from one department or agency to another. It

does not involve the reduction in rank, status or salary and does not require the issuance of another

appointment.

Reinstatement refers to the reappointment of a person who has been previously appointment to a

position in the career service and who has through no delinquency or misconduct, been separated

from the service. It is also the restoration of one who has been exonerated of administrative

charges.

Reemployment is the reappointment of a person who has been previously appointed to a

permanent position in the career service but who has been separated as a result of reduction in

force, reorganization, retirement or voluntary resignation.

Reassignment is the movement of an employee from one organizational unit to another in the same

department or agency. This does not involve reduction in rank, status or salary.

Demotion is the movement from one position to another involving the issuance of an appointment

with reduction in duties, responsibilities, status or rank which may not involve reduction in salary

and is not disciplinary in nature.

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Secondment is the movement of an employee from one department or agency to another, which is

temporary in nature, and which may or may not require issuance of an appointment but may either
involve reduction or increase in compensation.

Prohibitions on Appointment

1. No appointive official shall hold any other office in the government unless otherwise allowed

by law or by the primary functions of his position;

2. Elective officials are not eligible for appointment in any capacity to any public office or

positions during his tenure;

3. No elective or appointive public officer or employee shall receive additional, double or

indirect compensation, unless specifically authorized by law;

4. A candidate who lost in an election (except barangay election) cannot be appointed or

reemployed to any office in the government within 1 year after election;

5. A person who resigned from the Civil Service during the 3 month period before any election

to promote the candidacy of another is not eligible for reemployment during the six month

period following such election;

6. An employee who files a certificate of candidacy, even if later on disqualified or has

withdrawn, is still considered resigned;

7. Detail or reassignment cannot be made within 3 months before any election, unless with the

permission of the Comelec;

8. No appointment in the national, provincial, city and municipal governments or in any branch

or instrumentality can be made in favor of a relative of the appointing authority.

9. A person who has reached the compulsory retirement age of 65 cannot be appointed to any

position in the government.

10. A person who has been dismissed from the service or perpetually excluded/disqualified from

the government service cannot be appointed or reemployed unless executive clemency has

been granted.

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Lesson 3-

Classification of

Positions in the Civil

Service

Specific Objectives:

At the end of the lesson, the student must be able to:

1. Classify positions in the civil service;

2. Know the positions under career and non-career service and provide examples;

3. Exemplify recruitment in the Philippine Civil service; reasons for employee selection and

documentary requirements for appointment

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Classifications of Positions in the Civil Service

Career Service

Non-Career Service

1. Career Service - formerly called competitive service, is characterized by:

 Entrance based on merit and fitness to be determined as far as practicable by

competitive examinations.

 Opportunity for advancement to higher career positions

 Security of tenure

2. Non-Career Service – non-competitive service and entrance to government service is based

not on the usual merit and fitness principle.

Career Positions include:

1. Open Career Positions. Appointment to this category requires prior qualification in an

appropriate examination.

2. Under this category are scientific or highly technical positions,

which may not require passing civil service examination.

Example: faculty and academic staff in SUCs

3. Positions in the Career Executive Service (CES). Constituting the third and highest level of
career service. It is a service-wide pool of career administrators who are classified according

to rank.

4. Career officers other than those in the Career Executive Service, who are appointed by the

President such as Foreign Service Officers in the Department of Foreign Affairs.

5. Commissioned Officers and Enlisted Men of the Armed Forces. The military has its own

merit system under the direct responsibility of the Department of National Defense.

6. Personnel of Government Owned and controlled corporations. Include those positions who

do not fall under the non-career service.

7. Permanent laborers, whether skilled, semi-skilled or unskilled

Non-Career Service – formerly known as non-competitive service whose entrance in the service

is characterized by:

1. Entrance based on qualifications other than those of the usual tests of merit and fitness.

2. tenure, which is limited to the period specified by law or which is co-terminous with that of

the appointing authority or served at his/her pleasure, or which is co-terminous with the project.

Non-Career Positions include:

1. Elective officials and their personal and confidential staff

2. Secretaries and other officials of cabinet rank

3. Chairperson and members of commissions and boards

4. Contractual personnel or those whose employment in the government comes with a special

contract to undertake specific work.

5. Emergency and seasonal personnel

Classes Positions in the Career Service

The first level includes clerical, trades, crafts and custodial service positions that involve duties

requiring less than four (4) years of collegiate studies and in a supervisory or non-supervisory

capacity.

Driver, Secretary, Stenograher, Clerk, Telephone operator, plumber, carpenter, skilled/nonskilled

laborer

The second level which includes professional, technical or scientific work up to division chief

level, in a supervisory or non-supervisory capacity requiring at least four (4) years in college.
Veterinarian, Medical Technologist, Teacher, Human Resource Management Officer, Senior

Personnel Specialist, Engineers etc.

The third level which covers positions in the Career Executive Service which includes:

Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional

Director, Assistant Regional Director, Chief of a Department Service and other equivalent rank

Recruitment is the process of finding and screening potential applicants, interviewing and selecting

the best qualified for employment and placement.

Recruitment is also a process of encouraging individuals to apply to government positions.

It is also a human resources function of finding and attracting prospective employees to apply for

vacancies for which they can be hired.

Recruitment Process

o Scouting and inviting the recruits to apply

o Screening the applications and applicants

o The Screening Interview

o Mental Ability and Skills Test

o The Selection Interview

o Physical and Medical Examination

o Appointment to a Position

o Job Placement of the New Worker

Principles of Employee Selection

1. Have more than one tentative choices for each job.

2. Choose the worker for present and future technology

3. Choose the worker with career plan

4. Choose the worker who likes working with others

5. Choose a worker with pleasant job history

Tests Administered in Worker Selection

1. Intelligence Test

2. Language Proficiency Test

3. Arithmetic Ability Test

4. Aptitude Test

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5. Personality Test

6. Skills and Manipulative Test

Rationale for Employee Selection

1. The employer has to avoid employing the mediocre.

2. The employer must seek worker with potential.

3. The employer has to preclude the hiring of problem workers.

4. The employer must get the best out of the pay scale for the job.

5. The employer has preference in employee personality.

Consequences of Poor Selection

When the selection process is not properly performed, the employer has to face some negative

consequences. The worker from whom much may be expected, may turn out to be a bundle of

problems such as the following:

1. Lack of aptitude for the job.

2. Poor work habits (i.e., careless, tardy, absentee and idling on the job)

3. Poor human behavior (i.e., aggression, rumor mongering, back-biting and envy in relation to

others in the organization)

4. Lack of potential leading to high cost of orientation and training.

5. Loss of opportunity to hire new workers until a legal ground for separation of inferior worker

occurs.

6. Criminal tendencies for theft, pilferage, willful damage to property and assault on other

persons in the workplace.

7. Costly to the organization in terms of time, money and foregone productivity.

Civil Service Examinations/Eligibilities

Written civil service examinations include:

1. Career Service Professional/ Sub-Professional

2. Police Officer Entrance Exam

3. The Career Service Executive Examination

4. Specialized examinations requested by the different agencies or department

Note: The passing grade for all of the CSC written examinations except for examinations covered

by special laws is 80%.

ELIGIBILITIES

For first level positions

1. Cultural Community Employee – granted to members of the cultural communities who held

first level positions at the time of conferment of such eligibility (phased out in August, 1980)

2. Barangay Official Eligibility – granted to barangay officials pursuant to CSC Res. 83-496.

3. RA 6850 Career Service Sub-Professional – granted to those holding temporary

appointments to the first level positions in the career service who have rendered a total of 7

years of efficient gov’t. service.

4. P.D. 1125 – granted to selected Muslin returnees/trainees

5. P.D. 1569 – granted to Barangay Nutrition Scholars which is appropriate only to functionally

related first level positions such as Nutrition Aide.

For second level positions

1. Cultural Community Officer granted to members of the cultural communities who held

second level positions at the time of the conferment of eligibility.

2. . RA 6850 Career Service Professional - granted to those holding temporary appointments to

second level positions in the career service who have rendered a total of seven (7) years in

aggregate of efficient government service as of Feb. 8, 1990

3. RA 6850 Teacher- granted to those holding a teacher position under provisional status and

have rendered a total of seven (7) years efficient government service as of February 8, 1990.

4. PD 907- granted to honor graduates in the college level of duly accredited schools

5. PD 997- granted to scientific and technological specialists based on their qualifications and

requirements of the civil service

6. PD 1408- granted to EDP specialists who have passed the test given by the National

Computer Center

The Brightest for the Bureaucracy Program (BBP):

This hopes to correct the perception that government if rot he mediocre and average. The
following who are not 35 years old are qualified to join the program:

1. Topnotcher s of CSC and PRC/Bar Examinations

2. PD 907 (honor graduates) eligibility Holder.

3. Civil Service eligible who come from the top 10% of the graduating class

4. Individuals of exceptional qualifications

Lesson 4-

Leave Administration

for Government

Employees

Specific Objectives:

At the end of the lesson, the students are expected to:

1. Compare the different types of leaves applicable for government employees

2. Write a simple research on any topic along leave administration and/or analyze a case

regarding leaves of government employees

==================================================================================

EMPLOYEE LEAVE OF ABSENCE

Leave Benefits are granted to reward employees for continuous services rendered in government.

Leave benefits are granted to enable employee to rest and to recuperate and to regain vigor and

energy. These are also intended to promote efficiency, general welfare and morale within the ranks.

Kinds of Leaves

1. Sick Leave as the term suggests, it is taken by an employee o account of his/her personal

sickness or illness or that of any member of his immediate family which prevents the

employee from reporting to work. Immediate member of the family refers to any relative

living under the same roof and dependent upon the employee for support.

2. Vacation Leave of absence is usually taken for personal reasons and granted depending on

the contingency and needs of the service. It aims to provide rest and relaxation essential to

an employee’s mental and physical health. This leave is filed 5 days in advance. Granting of
Vacation Leave is discretionary upon the head of agency or designated authority concerned.

3. Maternity leave is granted to a female married employee in case of pregnancy.

4. Paternity Leave granted to male employees for a maximum of 7 days for the first four

deliveries of his legitimate spouse.

5. Special Leave Privileges in addition to vacation, sick, and paternity leave, officials and

employees with or without existing approved CAN are granted special leave of three (3) days

in a year for the following:

a. Birthdays

b. Parental obligation like attendance to PTA meetings etc.

c. Filial obligations

d. Domestic obligations like absence of yaya etc.

TERMINOLOGIES

1. Leave of absence generally defined as aright granted to officials and employees note to

report for work with or without pay as may be provided by law and as rules.

2. Commutation of leave credits refers to conversion of unused leave credits to their

corresponding money.

3. Cumulation of leave credits refers to incremental acquisition of unused leave credits by an

official or employee.

4. Immediate family refers to the spouse, children, parents, unmarried brothers sisters and

any relative living under the same roof or dependent upon the employee support

5. Sick leave refers to leave of absence granted only on account of sickness or disability on the

part of the employee concerned or any member of his immediate family.

Lesson 4-

Leave Administration

for Government

Employees

87 | P a g e

6. Vacation leave refers to leave of absence granted to officials and emplo-yees for personal

reasons, the approval of which is contingent upon the necessities of service.

7. Monetization refers to payment in advance under prescribed limits and conditions of money

value of leave credits of an employee upon his request without actually going on leave.

8. Pregnancy refers to the period between conception and delivery or birth of a child. For

purposes of maternity leave, miscarriage is within the period of pregnancy

9. Maternity leave refers to leave of absence granted to female government employees legally

entitled there to in addition to vacation and sick leave.

10. Paternity leave refers to the privilege granted to a married male employee allowing him not

to report for work for seven days while continuing to earn the compensation therefore,- on

the condition that his legit mate spouse has delivered a child or suffered a miscarriage, for

purposes on enabling him to effectively lend care and support to his wife, before during and

after birth as the case maybe and assist in caring of his newborn child.

11. Vacation service credits refers to the leave credits earned by public school teachers for

services rendered during activities authorized by proper authorities during long and

Christmas vacation.

12. Terminal leave refers to money value of the total accumulated leave credits of an employee

based on the highest amount of salary rate received prior to or upon retirement

date/voluntary separation.

13. Special leave privileges refer to leave absence which officials and employees may avail of for

a maximum of three days annually over and above the vacation, sick maternity and paternity

leaves to mark personal milestones and/or attend to filial and domestic responsibilities.

14. Relocation leave refers to a special leave privilege granted to official/employee whenever

he/she transfer residence.

ENTITLEMENT TO LEAVE PRIVILEGES

In general appointive officials up to the level of the head of executive departments, heads of

departments, undersecretaries and employees of the government whether permanent, temporary

or casual who render work during the prescribed office hours shall be entitled to 15 days vacation

and 15 days sick leave annually with full pay exclusive of Saturdays, Sundays Public Holidays, without

limitation as to the number of days of vacation and sick leave that they may accumulate.

Leave of Absence of part-time employees

Employees rendering rendering services on part- time basis are entitled to vacation and sick leave

benefits proportionate to the number of work hours rendered. A part-time employees who renders

four hours of work five days a week or a total of 20 hours a week is entitled of 7.5 days vacation

leave and 7.5 days sick leave annually with full pay.

Leave of absence of employees on rotation basis. Employees on rotation basis shall be entitled to

vacation and sick leave corresponding to the period of service rendered by them. If an employee has

been allowed of two or more shifts or rotation, the periods of actual service covered by each shift or

rotation should be added together to determine the number of years months and days during which

leave is earned.

Leave contractual employees. Contractual employees are likewise entitled to vacation and sick

leave credits as well as special leave privileges provided in section.

Leave credits of local elective officials

Local elective officials are entitled to leave privileges effective May 12, 1983 pursuant to Batas

Pambansa 337 and local government Code of 1991 (RA 7160). Said leave credits shall be

commutative and cumulative.

88 | P a g e

Teachers leave. Teachers shall not be entitled to the usual vacation and sick leave credits but

proportional vacation pay (PVP) of 70 days summer vacation plus 14 days of Christmas vacation. A

teacher who has rendered a continuous service in a school year without incurring absences without

pay of not more than 1 ½ days is entitled to 84 days of proportional vacation.

Teachers who are designated to perform non-teaching functions. Teachers who are

designated to perform non-teaching functions and who render the same hour of service as

other employees shall be entitled to vacation and sick leave.

Vacation service credits of teachers. Teachers’ vacation service credits refer to the leave

credits earned for services rendered on activities –During summer or Christmas vacation, as

authorized by proper authority . These vacation service are used to offset proportional

deduction in vacation salary due to absences for personal reasons. subject in guidelines

issued by the Department of Education (DepEd)

Leave credits of officials and employees covered by special leave law. The credits of the following
officials and employees are covered by special laws.

a) Justice of the supreme court, Court of appeals and Sandiganbayan;

b) Judges of Regional Trial Courts, Municipal Trial Courts, Metro Politan Trial Courts etc.)

c) Chairmen and Commissioners of Constitutional Commissions;

d) Filipino Officers and Official Employees in the Foreign Services.

e) Faculty members of state universities and colleges pursuant to section 4 (h) of the Higher

Education Moderation Act of 1997 the general leave law and these rules shall be applicable.

f) Other officials and employees covered by special law

MATERNITY LEAVE

Condition for grant Maternity Leave

1. Every woman in the government service who has rendered an aggregate of two or more

years of service, shall, in addition granted to her be entitled to maternity leave of sixty

calendar days with full pay.

2. Every woman, married or unmarried, may be granted maternity more than once a year.

Maternity leave shall be granted to female employees in every instance of pregnancy

irrespective of its frequency.

3. Every married or unmarried woman may go on maternity leave for less than sixty days.

When a female employee wants to report back to duty before the expiration of her

maternity leave, she may be allowed to do provided she presents a medical certificate that

she is physically fit to assume the duties of her position.

4. Maternity leave with pay may be granted even if delivery occurs just a few days after the

termination of an employee’s service.

5. Maternity service of contractual employees. All contractual female employees whether or

not receiving 20% premium on their salary all be entitled to maternity leave benefits like

regular employees in accordance with the provisions of section 11 hereof.

PATERNITY LEAVE

1. Conditions for the grant of paternity leave. Every married employee is entitled of paternity

leave of seven working days for the four deliveries of legitimate spouse with whom he is

cohabiting.
2. Married male employee with more than one legal spouse shall be entitled to avail of

paternity leave for an absolute maximum of four deliveries regardless of whichever spouse

give birth.

3. Paternity leave non-cumulative/non-commutative. Paternity leave of seven days shall be

non-cumulative and strictly non-convertible to cash. The same may be enjoyed either in a

89 | P a g e

continues or in an intermittent manner by the employee on days immediately before, during

and after the child birth or miscarriage of his legitimate spouse.

MONETIZATION OF LEAVE CREDITS

Monetization of leave credits.- Official employees in the career and non-career whether

permanent, temporary, casual or co-terminous who had accumulated fifteen days of vacation leave

credits shall be allowed to monetize a maximum of ten days: Provided for at least five days is

retained after monetization and provided after that a maximum of thirty days may be monetized in

a given year.

Monetization of 50% or more accumulated leave credits may be allowed for valid and justifiable

reasons such as:

a. Health, medical and hospital needs of the employee and the immediate members of his/her

family.

b. Financial and assistance brought about by force majeure events such as calamities, typhoon,

fire, earthquake and accident that affect the life, limb of the employee and his/her

immediate family.

c. c. Educational needs of the employee and the immediate members of his/her family.

d. Payment of mortgages and loans which is entered for the benefits or which inured to the

benefit of employee or his/her immediate family.

e. Other analogous cases as may be determine by the commission.

f. In cases of extreme financial needs of the employee or his/her immediate family where the

present sources of income are not enough to fulfill basic needs such as food, shelter and

clothing.

LEAVE WITHOUT PAY

1. Limit of Leave without pay.- Leave without pay not exceeding one year may be granted, in

addition to vacation and/or sick leave earned leave without pay in excess in one month shall

require the clearance of the proper head of department of agency.

2. Effect of Absences without leave.- An official or an employee who is continuously absent

without approved leaves without at least 30 working days shall be considered absent

without official leave (AWOL) shall be separated from the service or dropped from the rolls

without prior notice. However if it is clear under the obtaining circumstances that the official

employee concerned, has established the scheme to circumvent the rule by incurring the

absences though less than thirty working days 3x at the semester such that pattern is

already apparent, dropping from the rolls without notice may likewise be justified.

Status of the position of the officials or employee on vacation or sick leave.- while the incumbent is

on vacation or sick leave with or without pay, his position is not vacant. During the period of such

leave therefore, only substitute appointment can be made to such position.

Effect of decision in administrative case.- An official or employee who has been penalized of

dismissal from the service is likewise not barred from entitlement from his internal leave benefits.

Effect of exoneration from criminal/ administrative case. In general, officials and employees who

have been dismissed from the service but who were later exonerated and thereafter reinstated are

entitled to the leave credits during the period they were out the service

Cause for the disciplinary action. Any violation of the leave laws, rules or regulations, or any

misrepresentation or deception in connection with an application for leave shall be a ground for

disciplinary action

Study Leave. Officials and employees, excluding those in the teaching profession who are covered

by different provisions of law, may apply for study leave subject to the following condition. The

study leave is a time-off from work not exceeding six (6) months with the pay for qualified officials

and employees to help them prepare for their bar or board examinations or complete their master’s

degrees. For completion of master’s degrees, the study leave shall not exceed months.

Lesson 4-
Revised Rules & Regulations

on Administrative Cases in

the Civil Service

Specific Objectives:

At the end of the lesson, the students are expected to:

1. Familiarize the rules on administrative cases in the civil service

2. Classify the cases in the civil service;

3. Know the rules of procedures in filing a formal complaint and formal investigation; and

4. Familiarize the different offenses and corresponding penalties

=================================================================================

Introduction:

The Civil Service Commission is the premier human resource institution of the government. Part of

its constitutional mandate is to promulgate rules and procedures relating to civil service matters,

including administrative discipline of civil servants.

The rules of procedure governing the disposition of both disciplinary and non-disciplinary cases in

the civil service have been embodied in the Uniform Rules in Administrative Cases in the Civil Service

(URACCS), which the Commission promulgated in 1999 to supplant the earlier procedural guidelines.

The Commission has revisited the Uniform Rules on Administrative Cases in the Civil Service

(URACCS) and after rigorous and pains taking review, the result is now the Revised Rules on

Administrative Cases in the Civil Service (RRACCS). The Commission hopes that the RRACCS would be

able to contribute to the more effective dispensation of administrative justice.

This Rules shall be known and cited as the Revised Rules on Administrative Cases in the Civil Service

(RRACCS).

This Rule shall apply to all disciplinary and non disciplinary administrative cases brought before the

Civil Service Commission, agencies and instrumentalities of the National Government, local

government units, and government-owned or controlled corporations with original charters except

as may be provided by law.

This Rules shall be liberally construed in order to promote their objective in obtaining just, speedy,
and inexpensive disposition of administrative cases. Administrative investigations shall be

conducted without strict recourse to the technical rules of procedure and evidence applicable to

judicial proceedings.

The Civil Service Commission shall 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 agenciesattached to it.

Lesson 4-

Revised Rules & Regulations

on Administrative Cases in

the Civil Service

91 | P a g e

In the event that an administrative case or matter is filed before the Commission or any of its

Regional Offices, but jurisdiction over such case or matter properly belongs to another CSCRO or to

the Commission, the same shall be forwarded to the appropriate office.

The Civil Service Commission shall take cognizance of the following cases:

a. Disciplinary

1. Decisions of Civil Service Commission Regional Offices brought before it on appeal or petition for

review;

2. Decisions of heads of agencies imposing penalties exceeding thirty (30) days suspension or fine in

an amount exceeding thirty (30) days salary brought before it on appeal;

3. Complaints brought against Civil Service Commission personnel;

4. Complaints against officials who are not presidential appointees;

5. Decisions of heads of agencies imposing penalties not exceeding 30 days suspension or fine

equivalent thereto but violating due process;

6. Requests for transfer of venue of hearing on cases being heard by Civil Service Commission

Regional Offices;

7. Appeals from the order of preventive suspension; and

8. Such other actions or requests involving issues arising out of or in connection with the foregoing

enumeration.
CLASSIFICATION OF CASES

A. Disciplinary

1. Cases initiated by, or brought before, the Civil Service Commission Regional Offices provided that

the alleged acts or omissions were committed within the jurisdiction of the Regional Office,

including Civil Service examination anomalies or irregularities and/or the persons complained of

are rank and-file employees of agencies, local or national, within said geographical areas;

2. Complaints involving Civil Service Regional Office personnel who are appointees of said office;

and

3. Petitions to place respondent under preventive suspension.

B. Non-Disciplinary

1. Disapproval/Recall of Approval/Invalidation of appointments brought before it on appeal;

2. Decisions of heads of agencies, except those of the department secretaries and bureau

heads within their geographical boundaries relative to protests and other personnel actions and

other non-disciplinary actions brought before it on appeal; and

3. Requests for accreditation of services; and

4. Requests for correction of personal information in the records of the Commission not falling

under Section 7 (B) Item 7 ofthis Rules.

COMPLAINT

Administrative proceedings may be initiated by the disciplining authority motu proprio or upon

complaint of any other person.

Requisites of a Valid Complaint

Except when initiated by the disciplining authority or his/her authorized representative, no

complaint against a civil service official or employee shall be given due course unless the same is in

writing, subscribed and sworn to by the complainant. In cases initiated by the proper disciplining

authority or his/her authorized representative, a show cause order is sufficient.

When and Where to File a Complaint– Except when otherwise provided for by law, an administrative

complaint may be filed at anytime with the Commission or any of its Regional Offices, heads of

departments, agencies, provinces, cities, municipalities and other instrumentalities.

Withdrawal of the Complaint

The withdrawal of the complaint does not result in its outright dismissal nor discharge the person

complained of from any administrative liability. Where there is obvious truth or merit to the

92 | P a g e

allegation in the complaint or where there is documentary evidence that would tend to prove the

guilt of the person/s complained of, the same should be given due course.

Action on the Complaint– Upon receipt of a complaint which is sufficient in form and substance, the

disciplining authority shall require the person/s complained of to submit a CounterAffidavit/Comment

under oath within three (3) days from receipt of order requiring him/her/their

comment/s.

PRELIMINARY INVESTIGATION

A Preliminary Investigation is a proceeding undertaken to determine whether a prima facie case

exists to warrant the issuance of a formal charge. It involves a fact finding investigation or an exparte
examination of records and documents submitted by the complainant and the person/s

complained of, as well as documents readily available from other government offices.

How conducted– Within five (5) days from receipt of the complaint sufficient in form and substance,

the person/s complained of shall be required to submit his/her/their counter affidavit/comment.

Where the complaint is initiated by the disciplining authority, the disciplining authority or his

authorized representative shall issue a show-cause memorandum directing the person/s complained

of to explain why no administrative case should be filed against him/ her/them. The latter’s failure to

submit the comment/counter-affidavit/explanation shall be considered a waiver thereof and the

preliminary investigation may be completed even without his/her counter-affidavit/comment.

Duration of the Investigation– A preliminary investigation shall commence not later than five (5)

days from receipt of the complaint by the disciplining authority and shall be terminated within

twenty (20) days thereafter.

Investigation Report– Within five (5) days from the termination of the preliminary investigation, the

investigating officer shall submit the Investigation Report with recommendation and the complete

records of the case to the disciplining authority.

Decision or Resolution After Preliminary Investigation– If a prima facie case is established during

the investigation, the disciplining authority may issue either a formal charge or a notice of charge/s
pursuant to Rule 5 of this Rules.

FORMAL CHARGE

Issuance of Formal Charge; Contents– After a finding of a prima facie case, the disciplining authority

shall formally charge the person complained of, who shall now be called as respondent. The formal

charge shall contain a specification of charge/s, a brief statement of material or relevant facts,

accompanied by certified true copies of the documentary evidence, if any, sworn statements

covering the testimony of witnesses, a directive to answer the charge/s in writing, under oath in not

less than seventy-two (72) hours from receipt thereof, an advice for the respondent to indicate in

his/her answer whether or not he/she elects a formal investigation of the charge/s, and a notice

that he/she may opt to be assisted by a counsel of his/her choice.

Notice of Charge/s– In instances where the complaint was initiated by a person other than the

disciplining authority, the disciplining authority may issue a written notice of the charge(s) against

the person complained of to which shall be attached copies of the complaint, sworn statement and

other documents submitted.

ANSWER

Requisites and Contents– The answer, which is in writing and under oath, shall be specific and shall

contain material facts and applicable laws, if any, including documentary evidence, sworn

statements covering testimonies of witnesses, if there be any, in support of one’s case.

93 | P a g e

PREVENTIVE SUSPENSION

Preventive Suspension, nature–Preventive suspension is not a penalty. It is designed merely as a

measure of precaution so that the official or employee charge may be removed from the scene of

his/her alleged misfeasance/malfeasance/Non-feasance while the same is being investigated.

When Issued; Grounds– Upon petition of the complainant or motu proprio, the proper disciplining

authority may issue an order of preventive suspension upon service of the formal charge or notice of

charge/s, or immediately thereafter to any subordinate officer or employee under his/her authority

pending an investigation. [Link]

If the respondent fails or refuses to file his/her answer to the formal charge or notice of charge/s

within the period provided in the formal charge or notice of charge/s which shall not be less
than three (3) days from receipt thereof, he/she shall be considered to have waived his/her right to

submit the same and the case may be decided based on available records.

Duration of Preventive Suspension. Unless otherwise provided for by law, the disciplining authority

may place the respondent under preventive suspension for a maximum period of ninety (90) days in

the case of national agencies or sixty (60) days in the case of local government units.

Remedies from the Order of Preventive Suspension– The respondent may file an appeal to the

Commission within fifteen (15) days from receipt thereof. Pending appeal, the same shall be

executory. A motion for reconsideration from the order of preventive suspension shall not be

allowed.

Payment of Back Salaries During Preventive Suspension– The payment of back salaries during the

period of suspension shall be governed by:

a. A declaration by the Commission that an order of preventive suspension is null and void

on its face entitles the respondent official or employee to immediate reinstatement and

payment of back salaries corresponding to the period of the unlawful preventive

suspension without awaiting the outcome of the main case

b. A declaration of invalidity of a preventive suspension order not based on any of the

reasons result in the reinstatement of the official or employee concerned. The payment of

back salaries shall, however, await the final outcome of the principal case. If the official or

employee is fully exonerated of the charge/s or when the penalty imposed in the principal

case is reprimand, he or she shall be paid such back salaries. Otherwise, no back salaries

shall be awarded.

FORMAL INVESTIGATION

Conduct of Formal Investigation; When Held– A formal investigation shall be conducted by the

disciplining authority where the merits of the case cannot be decided judiciously without conducting

such investigation or when the respondent elects to have one, in which case, the investigation shall

be held not earlier than five (5) days nor later than ten (10) days from receipt of the

respondent’s answer or upon the expiration of the period to answer. Said investigation shall be

finished within thirty (30) days from the issuance of the formal charge unless the period is extended

by the disciplining authority in meritorious cases.

Submission of Position Paper/ Memorandum- At any stage of the proceedings, the parties may,

based on their mutual consent, submit position paper/memorandum and submit the case for

resolution without any need for further hearings.

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Pre-Hearing Conference– At the commencement of the formal investigation, the hearing officer

shall conduct a pre-hearing conference for the parties to appear, consider and agree on any of

the following:

a. Stipulation of facts;

b. Simplification of issues;

c. Identification and marking of evidence of the parties;

d. Waiver of objections to admissibility of evidence;

e. Limiting the number of witnesses, and their names;

f. Dates of subsequent hearings; and

g. Such other matters as may aid in the prompt and just resolution of the case.

DECISION

The disciplining authority shall decide the case within thirty (30) days from receipt of the Formal

Investigation Report.

Finality of Decisions– A decision rendered by the disciplining authority whereby a penalty of

suspension for not more than thirty (30) days or a fine in an amount not exceeding thirty (30) days’

salary is imposed, shall be final, executory and not appealable unless a motion for reconsideration is

seasonably filed.

However, the respondent may file an appeal when the issue raised is violation of due process. If the

penalty imposed is suspension exceeding thirty (30) days, or fine in an amount exceeding thirty

(30) days’ salary, the same shall be final and executory after the lapse of the reglementary period for

filing a motion for reconsideration or an appeal and no such pleading has been filed.

OFFENSES AND PENALTIES

Administrative offenses with corresponding penalties are classified into grave, less grave or light,

depending on their gravity or depravity and effects on the government service.

The following grave offenses shall be punishable by dismissal from the service :
1. Serious Dishonesty;

2. Gross Neglect of Duty;

3. Grave Misconduct;

4. Being Notoriously Undesirable;

5. Conviction of a crime involving moral turpitude; etc.

The following grave offenses shall be punishable by suspension of six (6) months and one (1) day to

one (1) year for the first offense and dismissal from the service for the second offense:

1. Less serious dishonesty;

2. Oppression;

3. Disgraceful and immoral conduct;

4. Inefficiency and incompetence in the performance of official duties;

The grave offense of Inefficiency and Incompetence in the performance of official duties is

punishable by Demotion. In this case, the guilty person shall be appointed to the next lower position

to which he/she is qualified in the plantilla of the agency. In case there is no such next lower position

available, he/she shall suffer diminution in salary corresponding to the next lower salary grade.

The following less grave offenses are punishable by suspension of one (1) month and one (1) day

suspension to six (6) months for the first offense; and dismissal from the service for the second

offense:

1. Simple Neglect of Duty;

2. Simple Misconduct;

3. Discourtesy in the course of official duties;

4. Violation of existing Civil Service Law and rules of serious nature;

5. Insubordination;

95 | P a g e

6. Habitual Drunkenness;

The less grave offense of Simple Dishonesty is punishable by suspension of one (1) month and one

(1) day to six (6) months for the first offense; six (6) months and one (1) day to one (1) year for

the second offense; and dismissal for the third offense.

The following light offenses are punishable by reprimand for the first offense; suspension of one (1)
to thirty (30) days for the second offense; and dismissal from the service for the third offense:

1. Simple discourtesy in the course of official duties;

2. Improper or unauthorized solicitation of contributions from subordinate employees and by

teachers or school officials from school children;

3. Violation of reasonable office rules and regulations;

4. Frequent unauthorized tardiness (Habitual Tardiness);

5. Gambling prohibited by law; etc.

Penalty of Fine– The following are the guidelines for the penalty of fine:

1. Upon the request of the head of office or the concerned party and when supported by justifiable

reason/s, the disciplining authority may allow payment of fine in place of suspension.

2. The payment of penalty of fine in lieu of suspension shall be available in Grave, Less Grave and

Light Offenses where the penalty imposed is for six (6) months or less at the ratio of one (1) day of

suspension from the service to one (1) day fine; Provided, that in Grave Offenses where the penalty

imposed is six (6) months and one (1) day suspension in view of the presence of mitigating

circumstance, the conversion shall only apply to the suspension of six (6) months. Nonetheless, the

remaining one (1) day suspension is deemed included there in.

3. The maximum period to pay the fine shall not exceed one (1) yea from the time the

decision/resolution becomes final and executory.

SETTLEMENT IN ADMINISTRATIVE CASES

Who may avail– In cases of light offenses where the act is purely personal on the part of the private

complainant and the person complained of and there is no apparent injury committed to the

government, settlement of offenses may be considered. Provided that settlement can no longer be

applied for the second offense of the same act committed by the person complained of.

Guidelines

a. Compromise settlement shall be allowed only for administrative light offenses where the act is

purely personal between the private complainant and the person complained of and there is no

apparent injury to the government;

b. Upon filing of the complaint, the disciplining authority shall determine whether the offense is

purely personal or can be the subject of settlement;

MOTION FOR RECONSIDERATION IN DISCIPLINARY CASES

Filing– The party adversely affected by the decision may file a motion for reconsideration with the

disciplining authority who rendered the same within fifteen (15) days from receipt thereof. A motion

for extension of time to file a motion for reconsideration is not allowed.

When deemed filed– A motion for reconsideration sent by registered mail shall be deemed filed on

the date shown by the postmark on the envelope which shall be attached to the records of the case.

In case of personal delivery, it is deemed filed on the date stamped there on by the proper

office.

Grounds– The motion for reconsideration shall be based on any of the following:

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a. New evidence has been discovered which materially affects the decision rendered; or

b. The decision is not supported by the evidence on record; or

c. Errors of law or irregularities have been committed prejudicial to the interest of the movant.

Limitation– Only one motion for reconsideration shall be entertained. If a second motion for

reconsideration is filed not withstanding its proscription under this Rules, the finality of action shall

be reckoned from the denial of the first motion for reconsideration.

Effect of Filing– The filing of a motion for reconsideration within the reglementary period of fifteen

(15) days shall stay the execution of the decision sought to be reconsidered.

APPEAL IN DISCIPLINARY CASES

Filing– decisions of heads of departments, agencies, provinces, cities, municipalities and other

instrumentalities imposing a penalty exceeding thirty (30) days suspension or fine in an amount

exceeding thirty (30) days salary, may be appealed to the Commission within a period of fifteen (15)

days from receipt thereof. In cases the decision rendered by a bureau or office head is appealable to

the Commission, the same may be initially appealed to the department head and then finally to the

Commission.

When deemed filed– An appeal sent by registered mail shall be deemed filed on the date shown by

the postmark on the envelope which shall be attached to the records of the case. In case of personal

delivery, it is deemed filed on the date stamped there on by the proper office.

Appeal Fee–The appellant shall pay an appeal fee and a copy of the official receipt thereof shall be
attached to the appeal.

Perfection of an Appeal– Appeal memorandum containing the grounds relied upon for the appeal,

together with the certified true copy of the decision, resolution or order appealed from, and

certified copies of the documents or evidence.

Effect of Filing– Except for cases requiring confirmation of the Department Secretary concerned and

cases decided by the CSCROs, an appeal shall not stop the decision from being executory.

When to Remand an Appealed Case to Agency of Origin –If on appeal, the Commission finds that

the disciplining authority violated respondent appellant’s right to due process such as the failure to

issue a formal charge, the Commission shall dismiss the appealed case and order the immediate

reinstatement of the respondent with payment of back salaries and other benefits.

PETITION FOR REVIEW

Petition for Review of CSCRO Decisions– A party may elevate the decision of the Civil Service

Commission Regional Office dismissing the complaint for lack of a prima facie case or where the

formal charge issued was for a lower offense, through a petition for review before the

Commission within fifteen (15) days from receipt of said decision.

Petition for Review of Decisions of Agencies– A decision of an agency head dismissing a complaint

for lack of prima facie case or issuance of a formal charge for a lower offense is not subject to appeal

or petition for review before the Commission.

Petition for Review with the Court of Appeals– A party may elevate a decision of the Commission

before the Court of Appeals by way of a petition for review under Rule 43 of the 1997 Revised Rules

of Court.

REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Recommendation for Removal of Administrative Penalties or Disabilities; Requirements– In

meritorious cases and upon recommendation of the Commission, the President may commute or

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remove administrative penalties or disabilities imposed upon officers or employees in disciplinary

cases, subject to such terms and conditions as he/she may impose in the interest of the service.

PROCEDURE FOR CONTEMPT

Contumacious/Contemptuous Acts Punishable– An official or employee or any person found guilty

of, disobedience of or resistance to a lawful writ, process, order, decision, resolution, ruling,

summons, subpoena, command or injunction of the Commission may be punished for indirect

contempt.

How proceedings are commenced–Proceedings for indirect contempt may be initiated motu proprio

by the Commission by an order requiring the respondent to show cause why he/she should not be

punished for indirect contempt. A motion to cite for indirect contempt may also be filed with the

Commission. In both cases proceedings shall be conducted at the Office for Legal Affairs, Civil

Service Commission.

Hearing– Upon the day set for the hearing, the Commission shall proceed to investigate the charge

and consider such comment, answer, defense or testimony as the respondent may make or offer.

Failure to attend the scheduled hearing and to give a satisfactory explanation in writing to the

Commission will result in the waiver of the respondent to be present during the hearing.

Punishment, if found guilty– If the respondent is adjudged guilty of indirect contempt committed

against the Commission, he/she may be punished by a fine of One Thousand (P1,000.00) Pesos per

day for every act of indirect contempt.

PROTEST

Protest; Who may File– Only a qualified next-in-rank employee may file a protest against an

appointment made in favor of another who does not possess the minimum qualification

requirements.

Where to File– A qualified next-in-rank employee shall have the right to appeal initially to the head

of agency, then to the Civil Service Commission Regional Office and then to the Civil Service

Commission Proper.

When to File– Protest may be filed within fifteen (15) days from the announcement and/or posting

of appointments subject of protest. For this purpose, all appointments or promotions shall be duly

announced and/or posted in bulletin boards or at conspicuous places in the Department or Agency

within thirty (30) days from issuance of the appointments.

Effect on the Protested Appointment– A protest shall not render an appointment ineffective nor bar

the approval thereof, by the Civil Service Commission Field, Regional Office or the Commission, as

the case may be, but the approval shall be subject to the final outcome of the protest.
Effect of Withdrawal of Protest– A protest or an appeal in this case may be withdrawn at any time

as a matter of light. The withdrawal of the protest or appeal shall terminate the protest case.

When Deemed Filed– A protest is deemed filed, in case the same is sent by registered mail, on the

postmark date on the envelope which shall be attached to the records of the case, and in case of

personal delivery, on the date stamped by the agency or the Commission.

Transmittal of Records– In cases where the protest is filed with the Commission, the head of

department or agency shall forward his/her comment and the records of the case within ten (10)

days from receipt of the copy of the protest. The records shall be systematically and

chronologically arranged, paged and securely bound to prevent loss.

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Dismissal of Protest– A protest shall be dismissed on any of the following grounds:

a. The protestant is not qualified next-in-rank;

b. The protest is not directed against a particular protestee but to “anyone who is appointed to the

position” or directed to two or more protestees;

c. The protest is not in accordance with the required form as prescribed in this Rules;

d. No appointment has been issued;

Finality of Decision– Decision on a protest case shall become final after fifteen (15) days from

receipt thereof and no motion for reconsideration or appeal has been filed.

Available Remedies– The decision of the heads of agencies other than the Department Secretaries

may be appealed to the CSCRO within fifteen (15) days, and finally to the Commission. The decision

of the Department Secretaries may be appealed within the same period to the Commission. In cases

where the protest is filed within the department or agency, the protestant may file a motion for

reconsideration of the adverse decision, ruling or action within fifteen (15) days from receipt with

the same agency.

Effect of Decision– In case the protest is finally decided against the protestee, the approval of

his/her appointment shall be recalled and the appointment shall be considered disapproved. The

protestee shall be reverted to his/her former position, if applicable.

CORRECTION OF PERSONAL INFORMATION IN THE RECORDS OF THE COMMISSION

When and Where to File– Requests for correction of personal information shall be filed before
retirement or on meritorious grounds, one (1) year there after, with the CSCRO exercising

jurisdiction, and which request shall be acted upon within fifteen (15) days from receipt. Copies of

the Order or Resolution issued by the concerned CSCRO shall be submitted to the Integrated

Records Management Office as the repository of all personnel records.

Required Documents– The following documents shall be submitted together with the request:

a. Original Certificate of Live Birth duly authenticated by the Local Civil Registrar of the

municipality or city where the birth was registered or recorded or the National Statistics

Office, or in its absence, a court order;

c. Personal Affidavit of Discrepancy;

d. Affidavit of Two Disinterested Witnesses; and

e. Photocopy of documents sought to be corrected. A filing fee shall be paid and a receipt

thereof shall be attached to the request together with a photocopy of the documents

sought to be corrected.

Supporting Documents- When the submitted Certificate of Live Birth is issued on the basis of late

registration, original or duly authenticated supporting documents must be submitted, in addition to

the requirements enumerated in the immediately preceding section, to warrant the correction or

change of information in the records of the Commission.

DROPPING FROM THE ROLLS

Grounds and Procedure for Dropping from the Rolls– Officers and employees who are either

habitually absent or have unsatisfactory or poor performance or have shown to be physically and

mentally unfit to perform their duties may be dropped from the rolls subject.

Written Notice; Who Signs– The written notice mentioned in the preceding paragraphs may be

signed by the person exercising immediate supervision over the official or employee. However, the

notice of separation shall be signed by the appropriate appointing authority or head of office.

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Order of Separation; Immediately Executory– The order of separation is immediately executory

pending appeal, unless the Commission, on meritorious grounds, directs otherwise.

Dropping From the Rolls; Non-Disciplinary in Nature– This mode of separation from the service for

unauthorized absences or unsatisfactory or poor performance or physical or mental incapacity is

non-disciplinary in nature and shall not result in the forfeiture of any benefit on the part of the

official or employee or in disqualification from reemployment in the government