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L. Civil service

1. Scope

a. POSITIONS EMBRACED IN THE CIVIL SERVICE

The Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including every government-owned or controlled corporations whether performing governmental or proprietary function. (Section 4, P.D. 807, Civil Service Decree)

b. CLASSIFICATIONS

Positions in the Civil Service shall be classified into:

1) Career service; and,

2) Non-career service. (Paragraph 2, Section 4, Ibid.)

1) Career service

a) Characteristics

The Career Service shall be characterized by:

(1) Entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications;

2) Opportunity for advancement to higher career positions; and,

3) Security of tenure. (Section 5, Ibid.)

b) Coverage

The Career Service shall include:

1) Open Career positions for appointment to which prior qualification in an appropriate examination is required;

2) Closed Career positions which are scientific or highly technical in nature; these include the faculty and academic staff of state colleges and universities, and scientific and technical positions in scientific or research institutions which shall establish and maintain their own merit systems;

3) Positions in the Career Executive Service; namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President;

4) Career officers, other than those in the Career Executive Service, who are appointed by the President, such as the Foreign Service Officers in the Department of Foreign Affairs;

5) Commissioned officers and enlisted men of the Armed Forces which shall maintain a separate merit system;

6) Personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not fall under the non-career service; and

7) Permanent laborers, whether skilled, semi-skilled, or unskilled. (Paragraph 2, Section 5, Ibid.)

2) Non-Career service

a) Characteristics

The Non-Career Service shall be characterized by:

1) Entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and,

2) Tenure which is limited to a 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 employment was made. (Section 6, Ibid.)

b) Coverage

The Non-Career Service shall include:

1) Elective officials and their personal or confidential staff;

2) Department Heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their personal or confidential staff(s);

3) Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff;

4) Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency; and

5) Emergency and seasonal personnel. (Paragraph 2, Section 6, Ibid.)

c. THE 3 MAJOR CLASSES OF POSITIONS IN THE CAREER SERVICE

Classes of positions in the career service appointment to which requires examinations shall be grouped into three major level as follows:

1) The first level shall include clerical, trades, crafts, and custodial service positions which involve non-professional or subprofessional work in a non-supervisory or supervisory capacity requiring less than four years of collegiate studies;

2) The second level shall include professional, technical, and scientific positions which involve professional, technical, or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief level; and

3) The third level shall cover positions in the Career Executive Service. (Section 7[a], Ibid.)

1) Competitive examinations in first two levels

Except as herein otherwise provided, entrance to the first two levels shall be through competitive examinations, which shall be open to those inside and outside the service who meet the minimum qualification requirements. Entrance to a higher level does not require previous qualification in the lower level. Entrance to the third level shall be prescribed by the Career Executive Service Board. (Section 7[b], Ibid.)

Within the same level, no civil service examination shall be required for promotion to a higher position in one or more related occupational groups. A candidate for promotion should, however, have previously passed the examination for that level. (Section 7[c], Ibid.)

2. Appointments to the civil service

a. CLASSIFICATION OF APPOINTMENT AS TO NATURE

As to nature, appointment in the career service shall be:

1) Permanent; or,

2) Temporary. (Section 25, Ibid.)

1) Permanent apppointment

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. (Section 25[a], Ibid.)

2) Temporary apppointment

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 positions 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 25[b], Ibid.)

3. Personnel actions

a. CONCEPT

Personnel action – refers to any action denoting the movement or progress of personnel in the civil service. (Paragraph 2, Section 24, Ibid.)

Such action shall include appointment through certification, promotion, transfer, reinstatement, re-employment, detail, reassignment, demotion, and separation. All personnel actions shall be in accordance with such rules, standards, and regulations as may be promulgated by the Commission. (Paragraph 2, Section 24, Ibid.)

1) Apppointments

All appointments in the career service shall be made only according to merit and fitness, to be determined as far as practicable by competitive examinations. (Section 24, Ibid.)

A non-eligible shall not be appointed to any position in the civil service whenever there is a civil service eligible actually available for and ready to accept appointment. (Section 24, Ibid.)

a) Appointment through certification

An appointment through certification to a position in the civil service, except as otherwise provided, shall be issued to a person who has been selected from a list of qualified persons certified by the CSC from an appropriate register of eligibles, and who meets all the other requirements of the position. (Section 24[a], Ibid.)

b) 6-month probation

All such persons must serve a probationary period of six months following their original appointment and shall undergo a thorough character investigation in order to acquire permanent civil service status. A probationer may be dropped from the service for unsatisfactory conduct or want of capacity any time before the expiration of the probationary period: Provided, That such action is appealable to the Commission. (Paragraph 2, Section 24[a], Ibid.)

2) Promotion

A promotion – is a movement from one position to another with an increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay. The movement may be from one department or agency to another, or from one organizational unit to another in the same department or agency. (Section 24[b], Ibid.)

3) Transfer

A transfer – is a movement from one position to another which is of equivalent rank, level, or salary without break in service involving the issuance of an appointment. (Section 24[c], Ibid.)

It shall be considered disciplinary when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore. If the employee believes that there is no justification for the transfer, he may appeal his case to the Commission. (Paragraph 2, Section 24[c], Ibid.)

The transfer may be from one department or agency to another or from one organizational unit to another in the same department or agency: Provided, however, That any movement from the non-career service to the career service shall not be considered a transfer. (Paragraph 3, Section 24[c], Ibid.)

4) Reinstatement

Any person who has been permanently appointed to a position in the career service and who has, through no delinquency or misconduct, been separated therefrom, may be reinstated to a position in the same level for which he is qualified. (Section 24[d], Ibid.)

5) Re-employment

Names of persons who have been appointed permanently to positions in the career service and who have been separated as a result of reduction in force and/or reorganization, shall be entered in a list from which selection for reemployment shall be made. (Section 24[e], Ibid.)

6) Detail

A detail – is the movement on an employee from one agency to another without the issuance of an appointment and shall be allowed, only for a limited period in the case of employees occupying professional, technical and scientific positions. If the employee believes that there is no justification for the detail, he may appeal his case to the Commission. Pending appeal, the decision to detail the employee shall be executory unless otherwise ordered by the Commission. (Section 24[f], Ibid.)

7) Reassignment

An employee may be reassigned from one organizational unit to another in the same agency: Provided, That such reassignment shall not involve a reduction in rank, status or salary. (Section 24[g], Ibid.)

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