Module II: Public Accountability and Administrative Matters

Constitutional Provisions on the Civil Service

The 1987 Philippine Constitution enumerated these salient features on the

Civil Service:

1. The civil service embraces all branches, subdivisions, instrumentalities

and agencies of the government, including government-owned and
controlled corporations with original charters.

2. Appointments in the civil service shall be made only according to merit

and fitness to be determined, as far as practicable, and except to
positions which are policy-determining, primarily confidential, or highly
technical, by competitive examinations.

3. No officer or employee of the civil service shall be removed or

suspended except for cause or provided by law.

4. No officer or employee of any civil service shall engaged, directly or

indirectly, in any electioneering or partisan political campaign.

5. The right to self-organization shall not be denied to government

employees.

6. Temporary employees of the government shall be given such

protection as may be provided by law.

7. 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.

8. All public officers and employees shall take an oath or affirmation to

uphold and defend this Constitution.

9. The Congress shall provide for the standardization of compensation of

government officials and employees, including those in government-
owned or controlled corporations with original charters, taking into
account the nature of the responsibilities pertaining to, and the
qualifications required for, their positions.

10. No candidate who has lost in any election shall, within one year after
such election, be appointed to any office in the government or any
government-owned or controlled corporations or in any of their
subsidiaries.

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11. No elective official shall be eligible for appointment in any capacity to

any public office or position during his tenure.

12. No elective or appointive public officer or employee shall receive

additional, double, or indirect compensation, unless specifically
authorized by law, nor accept without the consent of the Congress, any
present, emolument, office, or title of any kind from any foreign
government.

To implement the constitutional provisions on the civil service, law, rules

and regulations have been promulgated to provide that:

• Every department, office and agency shall consult the public for the
purpose of gathering feedback and suggestions on the efficiency,
effectiveness and economy of services.
• Heads of departments, offices or agencies must ensure
transparency and openness in public transactions in their
respective offices, such as biddings, purchases, other financial
transactions including contracts, status of projects, and all other
matters involving public interest.
• Written request, petitions or motions sent by means of letter,
telegrams, or the like must be acted upon by the official or
employee in charge within 15 working days from the date they are
received.
• Except as otherwise provided by law or regulation and as far as
practicable, any written action or decision must contain not more
than three initials or signatures.

What are the two general categories of positions in the Civil Service?

Career Service
Non-career Service

What is considered as Career Service position?

It is one that is based on merit and fitness. This is determined by a

competitive examination, or a highly qualification standard. The opportunity for
advancement to a career position is great, and there is security of tenure.

What are the different levels of positions in the Civil Service?

Third level
Covers the positions in the CAREER EXECUTIVE SERVICE

Second Level
Includes professional, technical & scientific

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Work requirements: At least 4 years of college work up to a Division

Chief Level

First Level
Includes clerical, trades & crafts & custodial service

Work requirements: Less than 4 years of college studies

How are positions classified in the Career Service?

• Open career positions – appointment to these positions require proper

qualification in an appropriate examination

• Closed career positions – Include scientific or highly technical in

nature, which shall establish and maintain their own merit system

• Position in the Career Executive Service

• Career officers other than those in the career Executive Service who
are appointed by the President

• Commissioned Officers or enlisted men of the AFP which shall

maintain a separate merit system

• Personnel of government-owned and controlled corporations whose

positions do not fall under the non-career service

• Permanent Laborers

What is considered as Non-Career Service position?

It is one that need not be based on test of merit or fitness. Its tenure is
limited to a period specified by law or is co-terminous with a particular project for
which purpose of employment was made.

What positions are included in the Non-Career Service?

• Elective officials and their personnel and confidential staff

• Secretaries and other officials of Cabinet rank who hold their position
at the pleasure of the President and their personnel and confidential
staff

• Chairman and members of the Commissions and boards with fixed

term of office and their personnel and confidential staff
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• Contractual personnel

• Emergency and seasonal personnel

What are considered as confidential?

Confidential or Personnel Staff Position is a non-career service position

where only the educational requirements prescribed under MC 1 s. 1997 is
required. The CS eligibility, experience, training and other requirements are
dispensed with.

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