PHILIPPINE CIVIL SERVICE

TOPICS
The Philippine Civil Service
1. Historical and legal basis
2. The Civil Service Commission
a. Composition
b. Qualification
c. Term of Office
3. Objective of a civil service system
4. Scope of the civil service
5. Term of office and tenure of office, Distinguish
6. Incompatible office and forbidden Office differentiated
7. Test to determine whether a government-owned or controlled corporation is
subject to the civil service
Historical and legal basis
• 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.
Historical and legal basis
• 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.
Composition, Qualification, Term of Office
CHAPTER 3: Organization and Functions of the Civil Service Commission (Book V of
Executive Order No. 292 (The 1987 Administrative Code)
SECTION 10. Composition.—The Commission shall be composed of a Chairman and two
Commissioners who shall be natural born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any elective position in the
elections immediately preceding their appointment.
SECTION 11. Appointment of Chairman and Commissioners.—The Chairman and the
Commissioners shall be appointed by the President with the consent of the Commission on
Appointments for a term of seven years without reappointment. Of the first appointed, the
Chairman shall hold office for seven years, a Commissioner for five years, and another
Commissioner for three years, without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no case shall any Member be appointed
or designated in a temporary or acting capacity.
Objective of a civil service system
(Mandate)
• Section 2. General Purpose.
The general purpose of this Act is to insure and promote the
constitutional mandate regarding appointments only according to merit
and fitness, and to provide within the public service a progressive
system of personnel administration to insure the maintenance of an
honest, efficient, progressive and courteous civil service in the
Philippines. (RA 2260)
Objective of a civil service system
(Mandate)
• 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.
Objective of a civil service system
(Mandate)
Mandated Functions
Under Executive Order No. 292, the Civil Service Commission shall perform the
following functions:
• 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;
Objective of a civil service system
(Mandate)
• 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;
• 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;
 Objective of a civil service system
(Mandate)
• 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;
 Objective of a civil service system
(Mandate)
• 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;
 Objective of a civil service system
(Mandate)
• 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;
 Objective of a civil service system
(Mandate)
• 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.
Scope of the civil service
Chapter 2 – Coverage of the Civil Service

• SEC. 6. Scope of the Civil Service. — (1) The Civil Service

embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or
controlled corporations with original charters. (2) Positions in the
Civil Service shall be classified into career service and non-career
service.
Scope of the civil service
SEC. 7. Career Service. — The Career Service shall be
characterized by
(1) entrance based on merit and fitness to be determined as far as
practicable by competitive examination, or based on highly technical
qualifications;
(2) opportunity for advancement to higher career positions; and
(3) security of tenure.
 Scope of the civil service
The Career Service shall include:
(1) Open Career positions, appointment to which prior qualification in an appropriate examination is
required;
(2) Closed Career position 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;
 Scope of the civil service
(5) Commission 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 laborer, whether skilled, semi-skilled, or unskilled.

SEC. 8. Classes of Positions in the Career Service. — (1) Classes positions in the career service,
appointment to which requires examinations shall be grouped into three major levels as follows:
(a) The first level shall include clerical, trades, crafts, and custodial service positions which involve non-
professional or sub-professional work in a non-supervisory or supervisory capacity requiring less than four
years of collegiate studies;
(b) 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
Scope of the civil service
(c) The third level shall cover positions in the Career Executive Service.
(2) 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.
(3) 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.
Scope of the civil service
SEC. 9. Non-Career Service. — 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.
Scope of the civil service
The Non-Career Service shall include:

(1) Elective officials and their personal or confidential staff;

(2) Secretaries and other officials of Cabinet rank who hold their
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;
Scope of the civil service
The Non-Career Service shall include:
(4) Contractual personnel or those who 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 form the
hiring agency; and
(5) Emergency and seasonal personnel.
Term of office and Tenure of office
• Term of office refers to the period, either fixed by the Constitution or
a statute, within which a public official may hold office. Tenure of
office, on the other hand, is the period within which a public official
actually held office within a prescribed term. In other words, term of
office is fixed, while tenure of office is variable.

• The term of office of congressmen and senators is fixed by the

Constitution, while the term of office of local government officials is
fixed by the Local Government Code of 1991.
 Career Service Appointment
• SEC. 27. Employment Status. — Appointment in the career service shall be permanent or
temporary.
(1) Permanent status. — A permanent appointment shall be issued to a person who meets all
the requirements for the positions to which he is being appointed, including the appropriate
eligibility prescribed, in accordance with the provisions of law, rules and standards
promulgated in pursuance thereof.

(2) Temporary appointment. — In the absence of appropriate eligibles and it becomes

necessary in the public interest to fill a vacancy, a temporary appointment shall be issued to a
person who meets all the requirements for the position to which he is being appointed except
the appropriate civil service eligibility: Provided, That such temporary appointment shall not
exceed twelve months, but the appointee may be replaced sooner if a qualified civil service
eligible becomes available.
 Incompatible Office and forbidden Office
• Under Section 13, Article VI of the Constitution, it states some other disqualifications by which a member of Congress may
hold office, to wit:
Sec. 13. No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office
which may have been created or the emoluments thereof increased during the term for which he was elected.
• The first part of this section refers to what are known as incompatible offices, which may not be held by the legislator
during his tenure in Congress. The purpose is to prevent him from owing loyalty to another branch of the government, to the
detriment of the independence of the legislature and the doctrine of separation of powers.
• The prohibition against the holding of an incompatible office is not absolute; what is not allowed is the simultaneous
holding of that office and the seat in Congress. In the case of the rest of the legislators, any of them may hold another office
or employment in the government provided he forfeits, as a result, his position in Congress.
• Forfeiture of the legislator’s seat, or cessation of his tenure, shall be automatic upon the holding of the incompatible office.
Thus, a congress-man who was elected provincial governor was deemed to have automatically forfeited his seat in the
House of Representatives when he took his oath for the provincial office. No resolution was necessary to declare his
legislative post vacant.
 Incompatible Office and forbidden Office
• For example, membership in the Electoral Tribunal is permitted by the Constitution itself.
Moreover, if it can be shown that the second office is an extension of the legislative position
or is in aid of legislative duties, the holding thereof will not result in the loss of the
legislator’s seat in Congress.
• Accordingly, the chairmen of the Senate and House committees on education retain their
seats in Congress while sitting concurrently as ex-officio members in the U.P. Board of
Regents. Legislators who serve as treaty negotiators under the President of the Philippines
continue to sit in Congress, where they can better work for the approval of the treaty and the
passage of the needed implementing legislation.
• But even if a member of Congress is willing to forfeit his seat therein, he may not be
appointed to any civil office in the government that has been created or the emoluments
thereof have been increased while he was incumbent in the legislature. Such a position is a
forbidden office.
 Incompatible Office and forbidden Office
• The purpose is to prevent trafficking in public office. Were the rule otherwise, certain
legislators, especially those not sure of reelection, might be able to work for the creation or
improvement of lucrative positions and, in combination with the President, arrange for their
appointment thereto in order to provide for their future security at the expense of the public
service.
• Notably, this provision does not apply to elective offices, which are filled by the voters
themselves.
• The appointment of a member of Congress to the forbidden office is not allowed only during
the term for which he was elected, when such office was created or its emoluments were
increased. After such term, and even if the legislator is reelected, the disqualification no
longer applies and he may therefore be appointed to the office.
Government-Owned or Controlled
Corporation is subject to the civil service?
• (6) Personnel of government-owned or controlled corporations,
whether performing governmental or proprietary functions, who do
not fall under the non-career service;
• Republic Act No. 10149 “GOCC Governance Act of 2011”
• SEC. 22. Power of the Board of Directors/Trustees to Discipline,
Remove Officers of the GOCC.—Subject to existing civil service
laws, rules and regulations, the Board shall have the authority to
discipline the CEO, or order the removal from office, upon a majority
vote of the members of the Board who actually took part in the
investigation and deliberation.
 Eligibilities Granted under Special Laws
and CSC Issuances
• The career service examination is not the be-all and end-all of acquiring civil service
eligibility. Do you know that the CSC also grants eligibilities other than the Career
Service Professional and Sub-Professional eligibilities? You can acquire a civil
service eligibility even without taking the Career Service Examination. The CSC for
some time now has been granting eleven (11) different eligibilities under special
laws to qualified individuals. You may be qualified for the grant of any of these
eligibilities.
• Bar/Board Eligibility (RA1080)
• Barangay Health Worker Eligibility (RA7883)
• Barangay Nutrition Scholar Eligibility (PD1569)
• Barangay Official Eligibility (RA 7160)
• Electronic Data Processing Specialist Eligibility (CSC Res. 90-083)
Eligibilities Granted under Special Laws
and CSC Issuances
• Foreign School Honor Graduate Eligibility (CSC Res.
1302714)
• Honor Graduate Eligibility (PD907)
• Sanggunian Member Eligibility (RA 10156)
• Scientific and Technological Specialist Eligibility (PD 997)
• Skills Eligibility - Category II (CSC MC 11, s. 1996, as
Amended)
• Veteran Preference Rating (EO 132/790)