FY 2021 E-Learning Session: Transition to Full Devolution –

Redirecting Priorities and Shaping Local Strategies

01 October 2021, 8:30 AM – 12:00 NN | via Zoom

Guidelines on the Implementation of

Personnel Policies and Options
Pursuant to EO No. 138, s. 2021

Emelita B. Menghamal
OIC-Director
Systems and Productivity Improvement Bureau

1
GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Background/Rationale

Background/Rationale
• Section 12 of EO No. 138
- Provides options that may be taken by permanent personnel who
may be affected by the full devolution effort
- DBM and DILG, in coordination with CSC and with prior
consultation with LGUs through their Leagues, to develop and issue
guidelines on implementation of personnel policies and options
- Section 27 of IRR of EO No. 138
- Guidelines to be issued within 30 days after effectivity of IRR,
including timetable for implementation and phasing of activities
and availment of separation incentive package

2
Key Contents of the DBM-DILG JMC
on Personnel Policies and Options

3
GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| General Policies

General Policies
1. No forced/involuntary separation, termination, or lay-off of
permanent national government personnel affected by the full
devolution effort
2. No diminution in the basic salaries of incumbent affected
employees who would opt to be transferred to any
department/agency within the Executive Branch as a result of the
implementation of full devolution under EO No. 138
3. Personnel shall enjoy security of tenure in the agencies where they
have been transferred to as a result of the implementation of full
devolution under EO No. 138

4
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| General Policies

General Policies
4. Positions of personnel who may be affected by the full devolution
effort and will not opt to retire or separate from the service shall be
marked coterminous with the incumbent (CTI)
5. Option to be taken by an affected employee pursuant to Section
12 of EO No. 138 is considered final once the
department/agency/GOCC Devolution Transition Plan (DTP) is
approved by the DBM, and shall preclude the availment of other
options

5
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| General Policies

General Policies
6. LGUs shall have the discretion/authority to hire any personnel from the
NGAs affected by the implementation of the full devolution effort under EO
No. 138
7. Hiring by the LGUs of affected personnel from the NGAs shall be subject to
the related provisions of RA No. 7160 (Local Government Code of 1991),
and Civil Service Law, rules, and regulation
8. Any internal operationalization guidelines that may be instituted or issued
by departments/agencies/GOCCs concerned shall be made consistent
with the provisions of the JMC

6
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| General Policies

Options for Affected Personnel

Transfer to other units/offices within the department/agency/GOCC
1
concerned, without reduction in pay

Transfer to other departments/agencies/GOCCs in the Executive Branch,

2
without reduction in pay

Avail of the retirement benefits and separation incentives as provided under

3 Section 13 of EO No. 138, and may apply to vacant positions that will
perform the devolved functions in the LGUs, subject to the discretion and
recruitment process of the LGU concerned

7
Procedures for Personnel Options

8
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Transfer of Personnel to Other Units/Offices

within the Department/Agency/GOCC
• List of affected permanent personnel who opt to apply for
transfer to other units/offices within the
department/agency/GOCC to be indicated under Annex
G-2 of DTP, subject to acceptance/approval of
department/agency head
• Position of affected personnel transferred to other
units/offices to be marked CTI, to be abolished once
vacated

9
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Transfer of Personnel to Other

Departments/Agencies/GOCCs
in the Executive Branch
• Personnel concerned may identify maximum of three (3)
departments/agencies/GOCCs of choice for possible redeployment
• Respective HRM offices/units to assist affected personnel in identification
of possible recipient agencies, which shall be determined by order of
preference among three (3) options identified by affected personnel
• Parent NGA to notify proposed recipient departments/agencies/GOCCs
prior to submission of DTP to DBM

10
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Transfer of Personnel to Other

Departments/Agencies/GOCCs
in the Executive Branch
• Transfer of personnel to be based on requirements of recipient agency
• DBM shall confirm acceptance/approval of proposed transfer of position
and incumbent thereof with the specified recipient agency/ies
• Recipient agency to confirm to DBM its acceptance/approval of proposed
transfer of position and personnel within 30 calendar days from receipt of
DBM request for confirmation
• DBM to inform parent agency or GCG of acceptance/approval of transfer
of affected personnel

11
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Transfer of Personnel to Other

Departments/Agencies/GOCCs
in the Executive Branch
• In case proposed transfer of position and personnel is not accepted/approved
by all of specified departments/agencies, personnel shall remain in parent
agency, with the position to be marked CTI, to be abolished once vacated
• Transfer of affected personnel:
❑ From GOCC to regular NGA – corresponding position of equivalent
rank to be created through NOSCA; to be marked CTI
❑ From regular NGA to GOCC – recipient GOCC to include PS cost in its
corporate operating budget

12
GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Availment of Retirement/Separation Benefits and

Incentives
• List of affected permanent personnel who opt to retire or separate
from the service to be contained in Annex G-3 of DTP
✓ Retirement benefit to be availed of under existing laws
✓ Applicable separation incentive rate per Section 13 of EO
• Parameters for computation of separation incentive provided under
the JMC (e.g., actual monthly basic salary, and five (5)-year
minimum government service requirement)

13
GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Availment of Retirement/Separation Benefits and

Incentives
• Departments/Agencies to likewise process other benefits due to
retired/separated personnel, such as refund of Pag-IBIG contributions
and commutation of unused leave credits
• Department/Agency/GOCC to submit to CSC a list of personnel
with permanent appointment who retired/separated from the service
within 15 calendar days after approval of the DTP, to facilitate
attestation of appointments of the affected personnel

14
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Policy for Affected Non-Permanent Employees

• Departments/Agencies to prepare list of affected non-permanent
personnel (i.e., contractual and casual) involved in implementation of
devolved services, for ready reference of DBM, DILG, and the LGUs
• DILG to set up mechanism to enable NGAs to access information on
positions proposed to be created by LGUs per the LGU DTPs
• Affected non-permanent personnel may apply to vacant positions in
LGUs, subject to compensation system and recruitment processes of LGU
• Subject to discretion of LGU, affected non-permanent personnel may be
given preference after those with permanent appointment

15
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Application of Affected Personnel Who

Retired/Separated from the Service to the LGUs
• LGUs to comply with provisions/limitations on PS set forth
under RA No. 7160 and the applicable General Provisions of
pertinent GAA in hiring affected national government
personnel
• Creation of new positions and hiring of additional employees
shall be in accordance with other applicable rules and
regulations (e.g., IOS in the Local Government; Manual on
Position Classification and Compensation)

16
 GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Application of Affected Personnel Who

Retired/Separated from the Service to the LGUs
• Affected NG personnel who retired/separated from the service
may apply for reemployment to vacant positions in LGUs,
subject to compensation system and recruitment processes of
LGU
• Reemployment of affected personnel from
departments/agencies/GOCCs in the LGUs shall be
considered new entry to civil service

17
GUIDELINES ON PERSONNEL POLICIES AND OPTIONS| Procedures

Prohibition on Rehiring of Personnel Who

Retired/Separated from the Service
• Personnel who retired/separated from the service as a result of full
devolution effort shall be prohibited from reemployment in any agency of
Executive Branch for a period of five (5) years, except as teaching and
medical staff in educational institutions and hospitals, respectively
• Prohibition shall not apply in other branches of government and in the
LGUs
• Reemployment in Executive Branch within prohibited period shall cause
the refund of separation incentives on a pro-rated basis

18
 Thank you!
For further queries/concerns, you may contact:

Systems and Productivity Improvement Bureau (SPIB)

Department of Budget and Management
dbm-spib@dbm.gov.ph / spib@dbm.gov.ph
(02) 8735-1976 / (02) 8735-1978

19