Administrative Rules and Procedures in Civil
Service Law
What are Administrative Rules and
Regulations?
>These are the rules and regulations
promulgated by the administrative agencies
intended to carry out the provisions of law in
the exercise of their quasi-legislative function.
These rules and regulations have the effect
and force of law. Fundamental is the rule that
in order for the administrative rules and
regulations to be valid, such must be issued by
authority of law and must not contravene the
provisions of the said law nor the
Constitution.
What is an Administrative Agency?
>Administrative agency
Administrative agencies are created either by
the Constitution or by a legislative enactment
There are 3 Constitutional Administrative
Agencies created pursuant to the provisions
of the 197 Constitution, namely: (1)
COMELEC, (2) COA, and (3) Civil Service
Commission (CSC)
Section 3 of Article 9-B of the 1987
Constitution provides for the creation of the
Civil Service Commission as the central
personnel agency of the Government. The CSC
shall be responsible for the policies, plans,
and programs concerning all civil service
employees. Mandate of Constitution:
SECTION 3. The Civil Service
Commission, as the central personnel
agency of the Government, shall establish
a career service and adopt measures to
promote morale, efficiency, integrity,
responsiveness, progressiveness, and
courtesy in the civil service. It shall
strengthen the merit and rewards system,
integrate all human resources
development programs for all levels and
ranks, and institutionalize a management
climate conducive to public accountability.
It shall submit to the President and the
Congress an annual report on its
personnel programs.
Book V, Title I, Subtitle A of EO No. 292 lays
down the basic policies and the systems and
procedure by which the organization and
operation of the bureaucracy are to be based,
including the personnel administration aspect.
Chapter 1 – General Provisions
Chapter 2 – Coverage of the Civil Service
Chapter 3 – Organization and Functions of
the Civil Service Commission
Chapter 4 – Interdepartment Relations
Chapter 5 – Personnel Policies and Standards
Chapter 6 – Right to Self-Organization
Chapter 7 – Discipline
Chapter 8 – Prohibitions
Chapter 9 – Leave of Absence
Chapter 10 – Miscellaneous Provisions
SEC. 3. Terms and Conditions of Employment
- The terms and conditions of employment of
all government employees shall be fixed by
law.
If not fixed by law, it may be the subject of
negotiation between recognized employees’
organizations and appropriate government
authorities.
SEC. 4. Compensation - The Congress shall
provide for the standardization of
compensation of government officials and
employees.
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.
>Positions in the Civil Service shall be
classified into career service and non-career
service.
SEC. 7. Career Service –
Characteristics of Career Service:
(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
(3) security of tenure
SEC. 9. Non-Career Service.
Characteristics:
(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.
Chapter 3 – Organization and Functions of
the Civil Service Commission
SEC. 10. Composition – 1 Chairman and two
Commissioners
Requisites:
>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 have been candidates for any elective
position in the elections immediately
preceding their appointment.
SEC. 11. Appointment of Chairman and
Commissioners - Chairman and the
Commissioners shall be appointed by the
President with the consent of the Commission
on Appointments (Term 7 years)
CHAPTER 4 – Interdepartment Relations
SEC. 18. Civil Service Assistance to Departments
and Agencies –Each Secretary or head of office,
agency, government-owned or controlled
corporation with original charter and local
government shall be responsible for personnel
administration in his office which shall be in
accordance with the provision relating to civil
service embodied in the Constitution, this Title
and the rules, principles, standards, guidelines
and regulations established by the
Commission.
CHAPTER 5 – Personnel Policies and
Standards
SEC. 21. Recruitment and Selection of
Employees - open to all qualified citizens and
positive efforts shall be exerted to attract the
best qualified to enter the service. Employees
shall be selected on the basis of fitness to
perform the duties and assume the
responsibilities of the positions.
SEC. 22. Qualification Standards - The degree
of qualifications of an officer or employee
shall be determined by the appointing
authority on the basis of the qualification
standard for the particular position
SEC. 23. Release of Examination Results. —
The results of any particular civil service
examination held in a number of places on the
same date shall be released simultaneously.
SEC. 24. Register of Eligibles. — The names of
the competitors who pass an examination
shall be entered in a register of eligibles
arranged in the order of their general ratings
SEC. 26. Personnel Actions. — 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
Appointment through certification. — An
appointment through certification to a
position in the civil service, except as herein
otherwise provided, shall be issued to a
person who has been selected from a list of
qualified persons certified by the Commission
from an appropriate register of eligibles, and
who meets all the other requirements of the
position.
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
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.
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. (5)
Reemployment. — 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 or reorganization, shall be entered in a
list from which selection for reemployment
shall be made.
(6) Detail. — A detail is the movement of 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.
(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
SEC. 27. Employment Status. - Appointment in
the career service shall be permanent or
temporary
SEC. 28. Salary Increase or Adjustment. —
Adjustments in salaries as a result of increase
in pay levels or upgrading of positions which
do not involve a change in qualification
requirements shall not require new
appointments except that copies of the salary
adjustment notices shall be submitted to the
Commission for record purposes.
SEC. 37. Complaints and Grievances. —
Employees shall have the right to present
their complaints or grievances to
management and have them adjudicated as
expeditiously as possible in the best interest
of the agency, the government as a whole,
and the employee concerned.
CHAPTER 6 – Right to Self-Organization -(1) All
government employees, including those in
government-owned or controlled
corporations with original charters, can form,
join or assist employees’ organizations of their
own choosing for the furtherance and
protection of their interests.
CHAPTER 7 – Discipline - (a) No officer or
employee in the Civil Service shall be
suspended or dismissed except for cause as
provided by law and after due process.
SEC. 47. Disciplinary Jurisdiction.- (1) The
Commission shall decide upon appeal all
administrative disciplinary cases involving the
imposition of a penalty
SEC. 50. Summary Proceedings. — No formal
investigation is necessary and the respondent
may be immediately removed or dismissed if
any of the following circumstances is present:
(1) When the charge is serious and the
evidence of guilt is strong; (2) When the
respondent is a recidivist or has been
repeatedly charged and there is reasonable
ground to believe that he is guilty of the
present charge; and (3) When the respondent
is notoriously undesirable.
CHAPTER 8 – Prohibitions -(1) No elective
official shall be eligible for appointment or
designation in any capacity to any public
office or position during his tenure
No candidate who has lost in any election
shall, within one year after election, be
appointed to any office in the Government or
any government-own
Unless otherwise allowed by law or by the
primary functions of his position, no
appointive official shall 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.
SEC. 56. Additional or Double Compensation.
— No elective or appointive public officer or
employee shall receive additional or double
compensation unless specifically authorized
by law nor accept without the consent of the
President, any present, emolument, office, or
title of any kind from any foreign state.
Pensions and gratuities shall not be
considered as additional, double or indirect
compensation.
HAPTER 9 – Leave of Absence SEC. 60. Leave
of Absence. — Officers and employees in the
Civil Service shall be entitled to leave of
absence, with or without pay, as may be
provided by law and the rules and regulations
of the Civil Service Commission in the interest
of the service.
Administrative Rules and Procedures in Civil
Service Law
What are Administrative Rules and
Regulations?
>These are the rules and regulations
promulgated by the administrative agencies
intended to carry out the provisions of law in
the exercise of their quasi-legislative function.
Rules and regulations issued by administrative
authorities pursuant to the powers delegated
to them have the force and effect of law.
Well settled is the rule that in order for the
administrative rules and regulations to be
valid, the following requisites must concur:
a. It must be issued under the authority of
law.
b. It must be within the scope and
purview of the enabling authority
c. It must be promulgated in accordance
with the prescribed procedure
(Publication requirement
(A)Publication in the Official Gazette or
in a newspaper of general circulation,
as provided in Executive Order No.
200. However, interpretative rules and
regulations, or those merely internal in
nature, or the so-called letters of
instruction issued by administrative
superiors concerning the rules and
guidelines to be followed by their
subordinates in the performance of
their duties, may be simply posted in
conspicuous places in the agency itself.
Such posting already complies with the
publication requirement. Publication
must be in full, or it is no publication at
all
(B) proper publication and filing in the
Office of the National Administrative
Register
d. It must be reasonable
As what we have discussed in our previous
meeting, administrative agency is the body or
organ, other than the courts and the
legislature, endowed with Quasi-Legislative
and Quasi-Judicial powers for the purpose of
enabling it to carry out the provisions of law.
Quasi-legislative power is the power to make
rules and regulations which results in
delegated legislation that is within the
confines of the granting statute and the
doctrine of non-delegability and separation
of powers.
On its rule-making authority or Quasi-
Legislative power, it is administrative when it
does not have discretion to determine what
the law shall be but merely prescribes details
for the enforcement of the law.
Kinds of Administrative Rules or Regulations
a) Supplementary or detailed legislation.
They are rules and regulations “to fix the
details” in the execution and enforcement of
a policy set out in the law, e.g., Rules and
Regulations Implementing the Labor Code.
b) Interpretative legislation. They are rules
and regulations construing or interpreting the
provisions of a statute to be enforced and
they are binding on all concerned until they
are changed, e.g., BIR Circulars, CB circulars,
etc.. They have the effect of law and are
– entitled to great respect; they have in their
favor the presumption of legality [Gonzalez v.
Land Bank, 183 SCRA 520]. The erroneous
application of the law by public officers does
not bar a subsequent correct application of
the law [Manila Jockey Club v. Court of
Appeals, G.R. No. 103533, December 15,
1998].
c) Contingent legislation. They are rules and
regulations made by an administrative
authority on the existence of certain facts or
things upon which the enforcement of the law
depends. See: Cruz v. Youngberg, 56 Phil 234.
Administrative bodies or agencies are created
either by: (1) Constitutional Provision, (2)
Legislative Enactment & (3) Authority of Law.
Under the first category on how
administrative agencies are created, there are
3 Constitutional Commissions created
pursuant to the provisions of the 1987
Constitution, namely: (1) COMELEC, (2) COA,
and (3) Civil Service Commission (CSC)
Section 3 of Article 9-B of the 1987
Constitution provides for the creation of the
Civil Service Commission as the central
personnel agency of the Government. The
CSC shall be responsible for the policies,
plans, and programs concerning all civil
service employees.
Also, the Constitution empowered the CSC to
prescribe, amend and enforce rules and
regulations for carrying into effect the
provisions of the CS Law and other pertinent
laws.
Book V, Title I, Subtitle A of EO No. 292 lays
down the basic policies and the systems and
procedure by which the organization and
operation of the bureaucracy are to be based,
including the personnel administration aspect.
This Book is divided into 10 Chapters related
to the policies, plans and programs for all civil
service employees.
Before we discuss the administrative rules in
detail, let us discuss first the general
provisions of EO 292 relating to CSC.
SEC. 3. Terms and Conditions of Employment
- The terms and conditions of employment of
all government employees shall be fixed by
law.
If not fixed by law, it may be the subject of
negotiation between recognized employees’
organizations and appropriate government
authorities.
SEC. 4. Compensation - The Congress shall
provide for the standardization of
compensation of government officials and
employees.
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.
>Positions in the Civil Service shall be
classified into career service and non-career
service.
SEC. 7. Career Service –
Characteristics of Career Service:
(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
(3) security of tenure
SEC. 9. Non-Career Service.
Characteristics:
(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.
Chapter 3 – Organization and Functions of
the Civil Service Commission
SEC. 10. Composition – 1 Chairman and two
Commissioners
Requisites:
>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 have been candidates for any elective
position in the elections immediately
preceding their appointment.
SEC. 11. Appointment of Chairman and
Commissioners - Chairman and the
Commissioners shall be appointed by the
President with the consent of the Commission
on Appointments (Term 7 years)
Omnibus Rules Implementing Book V of EO
292 is the set of rules and regulations adopted
by the CSC to carry out the execution of the
provisions of Book V of EO 292. The Omnibus
Rules promulgated by the CSC are as follows:
a. Appointment and other HR Actions
b. Rules on Leave
c. Rules on Attendance
d. Rules on Discipline or the Revised
Rules on Administrative Cases in the
Civil Service
Omnibus Rules on Appointment and other
HR Actions
This shall govern the preparation, submission
of and actions to be taken on appointments
and other human resource movements in the
Philippine Government.
This rules does not apply to appointments to
positions which are policy determining,
primarily confidential or highly technical.
This provides for the rules concerning the
eligibility (qualification standards-educ,
training, experience), procedures on
appointment, nature of employment,
prohibitions (no appointive official – hold
office in govt, no elective- eligible for
appointment in any capacity to any pblic
office during his tenure, no to double
compensation) and other human resource
actions.
Omnibus Rules on Leave
SEC. 60. Leave of Absence. — Officers and
employees in the Civil Service shall be entitled
to leave of absence, with or without pay, as
may be provided by law and the rules and
regulations of the Civil Service Commission in
the interest of the service.
Omnibus rules on leave consolidate all laws
and administrative issuances relative to leave
administration in the government sector and
provide for the rules in the enforcement of
the law granting such authority.
This Omnibus Rules on Leave provides for the
rules relating to VL, SL, FL, Special Privilege
Leave, Maternity Leave, Paternity Leave,
Study Leave, Terminal Leave and other
pertinent rules.
VL – 15 days , including the 5 days FL
FL – 5 days (mandatory – not cumulative)
SL – 15 days
SPL – 3 days (Personal milestone, domestic
emergencies, personal transactions, filial and
parental obligation)
Study Leave – 6 mos. (bar,board,masters
completion) – atleast 2years,VS rating, no
pending grant or charges, permanent, with
service obligation
Terminal Leave – for employees who intend to
sever his connection with his employer
(resign, retire, separation from service)
Omnibus Rules on Attendance
When the Constitution mandates that public
officers and employees must at all times be
accountable to the people, serve them with
utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and lead
modest lives. Part of this accountability is the
observance of the prescribed office hours in a
given working day.
The CSC provides for the rules governing the
government office hours:
>It shall be the duty of each head of
department or agency to require all officers
and employees under him to strictly observe
the prescribed office hours. (In the
government- we have this flexitime)
>A daily record of attendance of all officers
and employees should be maintained
>Falsification or irregularities –
administratively liable without prejudice to
criminal prosecution
Omnibus Rules on Discipline or the Revised
Rules on Administrative Cases in the Civil
Service Promulgated: Nov. 8, 2011
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. (Section 12 (2), Chapter 3, Title I,
Subtitle (A), Book V of the Administrative Code
of 1987 (Executive Order No. 292).
This issuance hereby adopts and promulgates
rules concerning disciplinary and non-
disciplinary proceedings in administrative
cases in the Civil Service.
This rule provides for the procedures of
administrative cases, both disciplinary and
non-disciplinary, brought before the CSC, the
penalties prescribed by the Commission in
connection to the offenses charged to a
government employee and the remedies
available in the administrative cases
These 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
Disciplinary Cases
Rule 3. Complaint - Administrative
proceedings may be initiated by the
disciplining authority motu proprio or upon
complaint of any other person (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.)
Rule 4. 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 ex-parte
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.
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
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.
Rule 5. Formal Charge - 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
Rule 6. Answer - – 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.
Failure - shall be considered to have waived
his/her right to submit the same and the case
may be decided based on available records.
Rule 7. Preventive Suspension - Preventive
suspension is not a penalty. It is designed
merely as a measure of precaution so that the
official or employee charged may be removed
from the scene of his/her alleged
misfeasance/malfeasance/nonfeasance while
the same is being investigated. (involves –
dishonesty, oppression, grave misconduct,
neglect, admin offenses punishable by
dismissal)
Rule 8. Formal Investigation – trial;
Rule 9. Decision - 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
PENALTIES
Rule I0. Schedule of 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.
REMEDIES
Rule 11. Settlement in Administrative Cases
– 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.
Motion for Reconsideration in Disciplinary
Cases
he 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.
Rule 12. Appeal in Disciplinary Cases - Subject
to Section 45 of this Rules, 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. All
decisions of heads of agencies are
immediately executory pending appeal
beforetheCommission.Thedecisionimposingth
epenaltyofdismissalbydisciplining authorities
in departments is not immediately executory
unless confirmed by the Secretary concerned.
Rule 13. Petition for Review - 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.
Rule 14. Removal of Administrative Penalties
or Disabilities - – In meritorious cases and
upon recommendation of the Commission,
the President may commute or remove
administrative penalties or disabilities
imposed upon officers or employees in
disciplinary cases, subject to such terms and
conditions as he/she may impose in the
interest of the service
NON-DISCIPLINARY CASES
Rule I6. Invalidation or Disapproval of
Appointment
Rule 17. Protest
Rule 18. Correction of Personal Information in
the Records of the Commission
Rule 19. Dropping from the Rolls
Rule 20. Extension of Service
Rule 21. Accreditation of Service
Rule 22. Request to Declare Position as Non-
Career/Career
Rule 23. Remedies in Non-Disciplinary Cases