1

Public Personnel Administration and

Recruitment Process

I. RATIONALE
As a requirement for the degree of Public Administration and Governance, this
written report is designed for 3rd year level under the subject of Human Resource
Management (PA6) to deeply understand what Public Personnel Administration and
Recruitment Process means as this will help them to value their education and apply the
necessary knowledge that has been attained.

In line with that, this paper will influence readers to mold their knowledge about
the concept of Public Personnel Administration as well as the Recruitment Process as they
might apply this information to real world situations. The author did not choose the topic,
but it assures the necessity of having the knowledge and information regarding Public
Personnel Administration and Recruitment.

II. LEARNING OBJECTIVES

At the end of the discussion, reader/s should be able to:
· Elaborate the concept of Public Personnel Administration and Recruitment Process
· Know what the processes are for recruitment.
· Explain the application of Public Personnel Administration and Recruitment Process
· Know the importance of studying the topic Public Personnel Administration and
Recruitment Process

III. CONTENT
Most of the time people who tend to work and the workers themselves are familiar only with
the basic recruitment process. After being hired, they are clueless of the term inside the
organization what are the process they have been to be part of the organization. Also, many people,
especially workers, don’t even know what they are called to. They are just simply familiar with
the functions and positions around them. Public Personnel Administration is a new term for most
of the students and other citizens. Lots of people will guess what these three (3) words mean. Let
me ask you, have you ever thought or at least encountered these words? Do you have any idea of
what these words mean, the same as the process of recruitment? If yes, let’s dig deeper, if not, that
is not a problem at all because the discussion below will enlighten you what these words all about.

DISCUSSION OF PUBLIC PERSONNEL ADMINISTRATION

Public Personnel Administration refers to the relationship of the people to the work and other
employees together with relationship in the organization. It covers the process in an organization
from recruitment up to retirement. It covers the management of planning, organizing, training,
staffing and development of all the employees. Aside from that, public personnel administration
according to (Siegel & Myrtle 1985) is the establishment and application of policies and
procedures for the procurement, deployment, and maintenance of public organization’s work
force. The branch Human Resource Management, namely, Public Personnel Administration,
assures the best output with the least costly input, while protecting and enhancing the welfare of
the workers. (Hanlon and Pickett, 1984).

The Local Government Code of 1991 gives support to the implementation of Public Personnel
Administration. Under the Republic Act No. 7160 of the Local Government Code of 1991, the
power of the local government units. It provides for a more responsive local government structure
institute through a system of decentralization whereby LGUs have delegated power, authority,
responsibilities and even resources.

The Local Chief Executives (LCEs) are the officials elected by the public to lead their
barangays, cities, municipalities and even country. LCEs are responsible for maintaining the
feasibility, efficiency and effectiveness of their people either appointed or based on the merit
system together with their plans and relationship to the people. The LCEs must have enough
knowledge about the 4Rs in an organization as they play their roles using these guides. The 4Rs
are namely recruitment, retention, rewards and recognition and retirement.

IN ADDITION, THE LCE’S INTERACTION WITH THE FOLLOWING KEY PLAYERS

IN RELATION TO PUBLIC PERSONNEL ADMINISTRATION BE GIVEN
IMPORTANCE AS IT INFLUENCES THE LGU’S DEVELOPMENT:

1.)Civil Service Commission (CSC) - the government was mandated to have personnel agency
that will maintain the efficiency and effectiveness of the plan and to improve inter connection and
relationship that strengthen the merit system and rewards of the workers. It is also a tool for public
accountability and management of resources.
2.) Provincial Vice Governor, City Vice Mayor, and the Municipal Vice Mayor - are the
second highest elected official in respective municipalities and cities next to Governors and
Mayors. Vice mayors are elected so they have the power and authority to appoint their own staff
either based on qualifications or based on non-career services.
3.) Local Legislative Bodies (Sanggunian) - our local legislative bodies are the officials inside
our barangays. The barangay captain or the head of the barangay and their councils including the
captain of the youth and their council (Sangguniang Kabataan) (Art. 98-100 IRR of the LGC).
They are also responsible for the health of the barangays, the programs that improve

their barangays and projects that will be executed. Other than that, they are also responsible for
the peace and relationship of the people to the sanggunian.
4.) Human Resource Management Practitioner/Officer (HRMP/HRMO) is responsible for
assisting and guiding the LCEs to have an efficient and effective civil service law and rules to
promote employee’s general welfare and productivity.

THE DISCUSSION OF RECRUITMENT

 Recruitment is known as the process of finding, luring, and choosing competent candidates to
fill open positions within an organization. It is a crucial component of HRM and necessary for
developing a skilled and productive workforce. Finding candidates whose qualifications,
experience, and skills match the demands of open positions is the main objective of recruitment.
The recruitment process can be carried out by an organization's HR department, by hiring
managers within the organization, or through the assistance of external recruitment agencies or
headhunters. The specific methods and strategies used in recruitment can vary depending on the
organization's size, industry, and the nature of the job positions being filled. It is essential for
building and maintaining a capable and motivated workforce, which is a key driver of an
organization's success and sustainability. Effective recruitment practices contribute to an
organization's ability to achieve its goals, remain competitive, and thrive in a dynamic and
competitive business landscape; therefore, it is crucial for ensuring that an organization has the
right people in the right positions to achieve its objectives and succeed in its mission.
Due to the crucial nature of recruitment, there are some guidelines to take note of such as the
pre-requisites, screening, and selection aspects of the process.

THE PRE-REQUISITES
The first to be considered before the recruitment process is the LGU’s organizational structure.
As per the provisions of the Local Government Code of 1991, each Local Government Unit (LGU)
is mandated to establish and put into effect its unique organizational framework and staffing plan.
This must be given high priority and aligned with the principles of simplicity, efficiency, cost-
effectiveness, effectiveness, adaptability, and public accountability, while adhering to the
minimum standards and guidelines set forth by the Civil Service Commission, which are
contingent on the LGU's needs, service demands, and financial capabilities.
The institution should also consider the LGU’s budgetary limitations. Considering budgetary
limitations during recruitment is a fundamental aspect of responsible financial management for
the organization. It ensures that the LGU remains fiscally sound, adheres to legal requirements,
and continues to provide necessary services to the community while maintaining public trust and
accountability.
Next is identifying the vacant position in the organization. This step in the process is to ensure
that there is enough staff to man the operations and prevent either understaffing or overstaffing
before the organization posts job vacancies to the public.

Once it is determined by the LCE that it is necessary to fill up a vacancy, they should have a
list of qualification standards that states the physical and personality traits that are required for the
job. After that, the publication of a public notice of vacancy comes up. These publications should
be posted in at least three public areas within 15 days and published once in a local newspaper in
the area. The organization can proceed to the screening process after publishing the notice of
vacancy.

THE SCREENING PROCESS

Screening is a formal process overseen by the Personnel Selection Board (PSB) when
assessing candidates for job openings within the Local Government Unit (LGU). The key
participants in the evaluation of applicants include the Human Resource Management Officers
(HRMOs) or Human Resource Management Practitioners (HRMPs) and the Personnel Selection
Board (PSB).
The HRMO/HRMP conducts an initial assessment of applicants to ensure that they meet the
essential requirements for the position and to facilitate the efficient functioning of critical human
resource activities without any biases. Following this pre-screening process, the HRMO/HRMP
presents a list of qualified applicants to the Personnel Selection Board (PSB), which oversees the
overall process. The PSB is also responsible for evaluating these qualified applicants, as stipulated
in Art. 166, Rule 22 of the IRR LGC, which states, “There shall be established in every province,
city or municipality a Personnel Selection Board to assist the local chief executive, or where
applicable, the presiding officer of the Sanggunian, in the judicious and objective selection of
personnel for employment as well as for promotion.”
The Personnel Selection Board (PSB) has various functions and responsibilities related to the
employee selection process within the government service. These functions encompass ensuring
that all discussions are thoroughly documented and maintained. This documentation is made
readily accessible for inspection and audit of the Civil Service Commission (CSC). Subsequently,
the PSB compiles an evaluation report for candidates who have undergone screening by the
appointing authority. This report serves as a guide for the appointing authority in making informed
decisions regarding the selection of candidates who can effectively fulfill the duties and
responsibilities of the available position.
The evaluation report goes beyond merely confirming whether candidates meet the
qualification standards of the position. It also includes assessments and comments on the
candidates' competence, highlighting their skills and other qualifications that are essential for
performing the duties and responsibilities associated with the position. Additionally, the report
should mention any preferences expressed by the candidates regarding their desired assignments.

THE SELECTION PROCESS

This process involves the careful selection of the most highly qualified candidates from among
the applicants. It commences after the initial review of applications within the personnel
department, where candidates screened and endorsed by the PSB and LCE are identified. This
process aims to differentiate among candidates and identify those with the greatest potential for

success. The selection process encompasses steps such as conducting interviews, extending offers
of employment from the employer, applicant acceptance, and the formalization of the relationship
through the signing of a contract or a written offer.
Applicants who appear to meet the job requirements are provided with blank job application
forms to complete and return for further processing. The objective is to ensure that the company
has the appropriate number and caliber of personnel in the right place and at the right time.
Furthermore, it's essential for the appointing authority of any department or agency to adhere to
the Civil Service Law and Rules.
The Requirements for Approval, as outlined in Art. 168(a) Rule 12 of the IRR LGC, specify
that all appointments to positions within LGUs must be granted to individuals who meet the
criteria of merit and fitness, as well as possess the necessary civil service eligibility.
However, there are Grounds for Disapproval, which can result in the rejection of an
appointment. These grounds include situations where the appointee fails to meet the qualifications
required for the position, is found guilty of a crime involving moral turpitude or dishonesty, has
been dismissed from the service for cause, intentionally made false statements, or committed any
violation of the Civil Service Law.
In addition, appointments are considered Nepotic if they involve the hiring of individuals who
are related within the fourth civil degree. This is in accordance with Chapter 8, Section 59 of the
Administrative Code of 1987, which prohibits nepotic appointments. Nepotic appointments
pertain to the selection of relatives of the appointing or recommending authority, the chief of a
bureau or office, or individuals who exercise immediate supervision over the appointee. Such
appointments are generally discouraged to prevent conflicts of interest and favoritism in the
selection of government personnel.

IV. SYNTHESIS/GENERALIZATION
On a final note, the personnel administration plays a very important role in an organization as
they do the planning down to make the plan established and execute for the better condition of the
organization. However, even though they are powerful and authoritative their responsibility is
bigger than what most people expect. The local government code of 1991 is a law which supports
the implementation of the Public Personnel Administration. The Public Personnel Administration
has a very broad effect and key roles, it affects the civil service system which is clearly
implemented for the effectiveness and efficiency of personnels upon achieving their goals. The
selection process of the stuff of the higher executives also under the Public Personnel
Administration, the local legislative body which maintain the peaceful and effective leadership in
barangays. Lastly, the Human Resource Management Practitioner/Officer responsibility is to
assist the LCEs upon achieving their goals. So, you see, public personnel administration is very
broad. So, this paper enlightens the knowledge of the readers on what is Public Personnel
Administration, the Local Chief Executives, and their responsibilities. It is very important to know
these information as we are taking the path of our future, this knowledge is essential to apply. On
the other hand, recruitment plays a pivotal role in building a skilled and productive workforce
within an organization. It is the process of identifying, attracting, and selecting qualified
candidates to fill vacant positions. Recruitment can be managed by an organization's

HR department, hiring managers, or external recruitment agencies, and the methods used may vary
based on the organization's characteristics and the nature of the positions being filled. A well-
structured recruitment process begins by considering the organization's needs, aligning with
principles of efficiency and accountability, and taking budgetary constraints into account.
Identifying vacant positions ensures that the right number of staff is maintained to support
operations without understaffing or overstaffing.

V. REFERENCES

Civil Service Commission. A Guide for Local Chief Executives (LCEs) on

Public Personnel Administration
https://drive.google.com/file/d/1FVKT_- beQlEgYfVabt6p1-
zyXuWOF5Kr/view?usp=drive_link

Hanlon, & Pickett. (n.d.). Public Personnel

Administration.
https://commed.vcu.edu/IntroPH/Management/management/personnel.html?fbcli
d=IwAR3x7AeVd_TEqmpGFXpmDGgBW9Ne7Rt-
 1LMs4zyPcy4gu9ap15hKihtG2RQ#:~:text=Public%20personnel%20administrati
on%20is%20the,(Siegel%20%26%20Myrtle%2C%201985)

Kaissi, A. (2023, September 11). What is Public Personnel

Administration? https://www.smartcapitalmind.com/what-is-public-
personnel-
administration.htm?fbclid=IwAR2lFqOopIylNl3DE6o8jkcDbpVjN_wrksiJfvLjL
EsgmV-RJjiwjA656Cg

LOCAL BUDGET CIRCULAR NO. 145. DATED MARCH 2, 2022

https://www.dbm.gov.ph/wp-content/uploads/Issuances/2022/Local-Budget-
Circular/LOCAL-BUDGET-CIRCULAR-NO-145-DATED-MARCH-2-
2022.pdf

Local Government Code of 1991 (Republic Act No. 7160).

https://www.fao.org/faolex/results/details/en/c/LEX-
FAOC093246/#:~:text=The%20Code%20defines%20the%20powers,programmes
%20and%20other%20investment%20support

Smart Recruiters. Recruitment – Hiring Success Glossary

https://www.smartrecruiters.com/resources/glossary/recruitment/

2
RETENTION
RATIONALE
This chapter will briefly elucidate how retention works in organization in relation to Public
Personnel Administration. Under this chapter of the module that was assigned to us, the readers of
this paper will get a general overview on how to retain your recruited employees. A deeper
understanding regarding the benefits everyone in an organization must get to keep a healthy and
positive work environment. Concepts that may enhance the performance and talent of each employee
under an organization have been elaborated to help them shine to the fullest in terms of outputs that
they need to perform and do. You will be provided different employee disciplines for us to understand
that all organizations have rules and regulations in the workplace and that proper morals must be
followed. After this chapter you will have basic knowledge in terms of employee retention and how
it may implicate in the field of Public Administration and Governance.
Local Government Officials and employees are entitled to various benefits outlined by the
Department of Budget and Management (DBM) and Commission on Audit (COA). These benefits
are essential for improving the well-being of government workers and promoting their productivity.
Understanding these benefits and associated guidelines is crucial for the efficient functioning of local
government units.

LEARNING OBJECTIVES
I hope that upon completing this chapter, you will be able to:
• Recognize, define, and identify the importance of retention in an organization
• Explain some different concepts that maintain a positive and healthy working environment
in an organization
 • Discuss monetization of leave credits and distinguish the different leave and other benefits
under employee welfare benefits
• Understand the concepts of Performance Management and Talent Development
• Deliberate Employee Discipline and it’s different regulations
· Provide an overview of the additional benefits available to Local Government Officials and
employees.
· Discuss and identify the differences of static and dynamic concepts in the organization
· Detail important guidelines regarding leave benefits for government workers.

CONTENT
In the previous chapter, knowledge regarding the concepts of recruitment have been imparted
to us. Knowing the idea of recruitment, retention comes together with this concept. Of course, when
everyone has passed the recruitment stage and is now officially under the organization, local chief
executives must know how to take care of their employees and what the employees need to do to
meet the goals of organization they have entered. This topic will focus on understanding how
retention is applied in private and public organizations. Let us now dig deeper in terms of knowing
how we may apply this concept and connect it with our program.
The supplementary benefits for Local Government Officials and employees cover a wide
spectrum, comprising the 13th Month Pay, a full month's bonus around the holiday season, Cash
Gifts for special occasions, Personal Economic (PE) aid offering financial assistance, Relief
Allowance (RA) during crises, Anniversary Bonuses honoring service duration, and Amelioration
initiatives elevating employee well-being. Productivity Incentive Bonuses (PIB), Hazard Pay (where
applicable), Clothing or Uniform Allowances, Representation and Transportation Allowance
(RATA), Loyalty Pay, and initiated benefits from Collective Negotiation Agreements further
enhance employee support. Additional aids like Laundry Allowance, Relocation Allowance, Family
Visit support, Step-Increments, Night-Shift Differentials, Overtime Pay or Compensatory Time-Off,
and Retirement Benefits complete the comprehensive support system provided to maintain
employees' welfare and motivation within the local government units.

DEFINITION OF RETENTION

The word retention is said to be a noun that means ‘continued possession, use, or control of
something’, according to Oxford Languages. With that idea in mind in the field of Public Personnel
Management, this gives a spotlight to the Local Chief Executives in each organization how they will
retain their employees to stay effective in the workplace. Retention also maintains a good and
successful government when properly implemented. Organizational achievements and service
delivery has a higher chance of being accomplished if this idea is considered more often. Most
organizations tend to overlap this concept which may cause many issues with organizational
development in public or private sectors. Is said to be needed as the core element when strategizing
how to handle employees under organizations properly.
We now know the definition and importance of retention, but how do we implement it in the
government? We must first focus on these three ideas: Reasonable Working Conditions, Government
Office Hour, and Overtime Services.
Reasonable Working Conditions
This pertains to programs that may improve the working conditions of each employee in an
organization. Examples given: Companies should offer a health program that includes first aid
supplies and facilities, hazard insurance, clean and functional comfort rooms, lighting and ventilation
in the workplace, and potable water.
Government Office Hour
Humans need rest to function properly in the workplace. With, standards have been
implemented under Section 5, Rule XVII, Omnibus Rules Implementing Book V of EO 292, states
that “Officers and employee of all departments and agencies except those covered by special laws
shall render not less than eight (8) hours of work a day for five (5) days a week or a total of forty
hours a week, exclusive of time for lunch”.
Moreover, Section 6, Rule XVII of the said Omnibus Rules, states that flexible working hours
may be allowed subject to the discretion of the head of department or agency, provided that the
weekly working hours shall not be reduced on the event the department or agency adopts the flexi-
time schedule in reporting for work.
Overtime Services
When instances apply that the work hours of an employee are extended by the head of the
agency, the hours that went beyond the individual’s daily eight (8) hours shift must be paid and
compensated properly as stated by Section 10, Rule XVII, Omnibus Rules Implementing Book V of
EO 292.

We now have identified the three main concepts on how to retain employees in terms of their
job working hours, compensating their overtime service, and giving extra conditioning to each
employee to aid some of their needs; we may move forward to the welfare benefits of these
individuals. All employees under the government may make use of the benefits that we will briefly
discuss and identify unless disqualified due to undesirable circumstances.
Under welfare benefits we have Monetization of leave credits. This describes the payment of
the money value of an employee’s leave credits in advance, within set limits and subject to
predetermined terms and conditions, at the employee’s request and without the employee having to
take a leave of absence. Secondly this concept is Leave benefits. We have twelve (12) identified
leave benefits that employees under the government may make use of. There are the following: Anti-
Violence Against Women and Their Children (VAW-C) Leave, Forced/ Mandatory Leave, Maternity
Leave, Paternity Leave, Rehabilitation Leave, Relocation Leave, Sick Leave, Solo Parent/ Parental
Leave, Special Privilege Leave, Study Leave, Terminal Leave, and lastly Vacation Leave. Below is
a more detailed explanation of when these benefits are applied and how long.
1. Anti-Violence Against Woman and Their Children (Vaw-C) Leave – This is an additional
paid leave of absence under the Labor Code and Civil Service Rules and Regulations, for a
maximum of ten (10) days. It can be extended as needed, in accordance with the protection
order’s guidelines.
2. Forced/ Mandatory Leave – Under specific circumstances, all officials, and employees with
ten or more days of vacation leave credits must take vacation leave, whether it be continuous
or intermittent, for at least five (5) working days each year.
3. Maternity Leave – Refers to a leave of absence that, in addition to vacation and sick leave,
is legally granted to female government employees. Maternity leave is primarily intended to
give working mothers a measure of financial assistance as well as a time of rest and recovery
during their pregnancy.
4. Paternity Leave – A married man’s right to take a seven-day paid leave of absence from
work, provided that his lawful spouse has given birth or had a miscarriage. This enables him
to assist in caring for his newborn and provide his wife with the necessary support and care
prior to, during, and after childbirth.
5. Rehabilitation Leave – Applications for leaves of absence from officials and employees due
to wounds or injuries sustained while performing their duties must be submitted on the
official form, accompanied by the appropriate medical certificate and documentation proving
the injuries or wounds were sustained while performing their duties.
6. Relocation Leave – Refers to a unique leave of absence that an official or employee is
entitled to whenever they move or relocate homes.
 7. Sick Leave – This describes a leave of absence that is only given to an employee or a member
of their immediate family when they are ill or disabled.
8. Solo Parent/ Parental Leave – Shall refer to leave benefits provided to single parents so
they can fulfill their parental obligations when physical presence is necessary.
9. Special Privilege Leave – Pertains to a leave of absence that officials and workers may take
to celebrate personal milestones and/or take care of family and domestic duties, up to a
maximum of three (3) days per year, in addition to vacation, sick, maternity, and paternity
leaves.
10. Study Leave – For qualified officials and workers, this is a maximum six-month paid leave
of absence from work to aid in master’s degree completion or bar or board exam preparation.
The maximum length of the study leaves for completing a master’s degree is four (4) months.
Note: A contract between the concerned employee and the agency head or authorized
representative will govern the leave. If officials or employees take all the permitted leave, no
further leave will be granted. They can apply for a leave of absence that will deduct from their
remaining vacation leave credits if they require more time to finish their coursework.
11. Terminal Leave – Relates to the form of money of all an employee’s accrued leave credits,
calculated using the highest pay rate earned either before or on the day of the employee’s voluntary
separation or retirement.
12. Vacation Leave - Refers to leaves of absence that officials and staff are granted for personal
reasons; these leave requests must be approved in accordance with the requirements of the job.
THE ADDITIONAL BENEFITS FOR LOCAL GOVERNMENT OFFICIALS AND
EMPLOYEES INCLUDE:
13th Month Pay: A bonus equivalent to one month’s salary, usually given during the holiday
season.
Cash Gift: A monetary gift provided for special occasions or holidays.
Personal Economic (PE): Financial assistance or incentives to improve an individual’s economic
situation.
Relief Allowance (RA): Financial assistance during times of need or crisis.
Anniversary Bonus: A bonus given to commemorate an employee’s service anniversary.
Amelioration: Assistance or benefits aimed at enhancing the well-being of employees.
Productivity Incentive Bonus (PIB): Bonuses to encourage and reward employee productivity.
Hazard Pay (if applicable): Extra compensation for employees working in hazardous conditions.
Clothing Allowance / Uniform Allowance: Funds for work-related clothing or uniforms.
Representation and Transportation Allowance (RATA, if applicable): Financial support for
representation and transportation expenses.
Loyalty Pay: Additional compensation for long-serving government employees.
CNA initiated benefits: Benefits arising from Collective Negotiation Agreements.
Laundry Allowance (if applicable): Financial assistance for laundry expenses.
Relocation Allowance: Compensation for employees required to relocate for work.
Family Visit: Support for employees visiting their families, especially if they work far from home.
Step-Increment: Salary increases based on years of service or performance.
Night-Shift Differential: Extra pay for employees working at night.
Overtime Pay or Compensatory Time-Off: Compensation for working beyond regular hours.
Retirement Benefits: Benefits provided upon retirement, including pensions and gratuities.

LEAVE BENEFITS GUIDELINES:

Commutation and Monetization: Conversion of half of accumulated vacation and sick leave into
cash, subject to agency rules and fund availability.
Purpose of Sick Leave: Intended for employee or immediate family member illness, offering
support during health-related absences.
 Mandatory Sick Leave Approval: Sick leave must be approved with proof of illness; delays or
unjustified denials may result in sanctions.
Leave Without Pay: Unpaid leave up to one year is possible, but over a month requires
department or agency clearance.
Leave Without Pay Exceptions: Generally, not allowed if paid leave is available, except during
secondment.
AWOL and Absence Consequences: Absence without approved leave for 30 working days leads
to separation; deliberate pattern of short absences can justify immediate action.
Leave Privileges and Administrative Cases: Pending administrative cases don’t restrict
employees from using their leave benefits.

SYNTHESIS/GENERALIZATION
1. Organizations must apply Retention as their most basic core element in Public Personnel
Administration.
2. Securing a healthy working environment through proper compensation of overtime work,
ensuring correct government work hours are followed, and implementing programs to aid
additional needs of each employee is a must.
3. Retention is also implemented by giving welfare benefits to its recruited employees which
ensures that employees are well taken care of, and their needs are met.
4. Local Government Officials and employees are entitled to various benefits, including
financial incentives, bonuses, and allowances. An organization cannot exist without people,
goal, structure, and processes.
5. These benefits are aimed at promoting employee well-being, productivity, and recognition
of their service.
6. Hazard pays and leave benefits are often subject to specific conditions and guidelines.

REFERENCES

A Guide for local chief executive (LCEs) on public personnel administration. (2010). Civil Service
Commission.

Rest days. Rest days – CSC Forum. (2019, May 8). https://web.csc.gov.ph/forum/forum/other-matters/2117-
rest
days#:~:text=Under%20Section%205%2C%20Rule%20XVII,week%20excluding%20time%20for
%20lunch.
Commitment to privacy. (n.d.). Virginia Commonwealth University.
https://commed.vcu.edu/IntroPH/Management/management/personnel.html#:~:text=%22Public%2
0Personnel%20administration%22%20involves%2C,Hanlon%20%26%20Pickett%2C%201984
https://downloads.caraga.dilg.gov.ph/LGU%20Downloads/a-guide-for-local-chief-executives-on-
public-personnel-admin.pdf

3
RETENTION (18-36) Talent
Development- Penalties and Offenses
 I. Rationale
This report was created through the initiatives of the students of Public Administration with the
guidance of its instructor and professor. The lesson will teach the students the importance of
developing talents in an organization and how the Civil Service Commission imposes discipline
on their employees.

II. Learning Objectives

1. it aims to discuss different ways in which an organization develops its employee’s talent.
2. It aims to discuss the way the Civil Service Commission imposes discipline on their
employees.

III. Contents

TALENT DEVELOPMENT
Talent development is a strategic approach that focuses on the growth and development of
individuals within an organization. Developing people in an organization has numerous benefits that
impact both on individual employee level and organizational level, such as increased individual
capability, increased workforce flexibility, and improved employee morale.
Section 1, Rule VIII of Omnibus Rules Implementing Book V of Executive Order No. 292 and
Other Pertinent Civil Service Law and Rules states that:
“Every official and employee of the government is an important asset or resource to be valued,
developed, and utilized in the delivery of basic services to the public. Hence, the development and
retention of a highly competent and professional workforce in the public service shall be the main
concern of every department or agency. Every department or agency shall establish a continuing
program for career and personnel development for all agency personnel at all levels and shall create
an environment or work climate conducive to the development of personnel skills, talents, and values
for better public service.”
Each department shall prepare a career and personnel development plan which shall be integrated
into a national plan by the Commission which shall serve as the basis for all career and personnel
development activities in the government. (Sec. 2 Rule VIII of the Omnibus Rules Implementing
Book V of EO 292)
This rule means that every department in the government needs to create a plan for the career
growth and development of its employees. This plan will then be combined into a national plan by
the Commission. This national plan will be used as a reference for all activities related to career
growth and personnel development in the government.
In other words, it’s a way to ensure that all government departments are working together towards
the same goals when it comes to developing their staff.
In coordination with the Civil Service Commission (CSC), the Department of Interior and Local
Government (DILG) shall undertake training programs for all elective officials. In coordination with
the Commission, each department or agency, province or city shall establish, maintain and promote
a systematic plan of action for personnel training at all levels in accordance with standards laid down
by the Commission. (Section 11, c to d, Rule VIII, Omnibus Rules Implementing Book V of
Executive Order No. (292)
The goal of these initiatives is to ensure that elected officials are well-trained and equipped
to perform their duties effectively. The training programs are designed to enhance their leadership
skills, knowledge, and competencies necessary for public service. The systematic plan of action for
personnel training ensures that these programs are implemented consistently across all levels of
government.
 In LGUs, the LCE shall be responsible for the development of his/her employees. For this
purpose, the LCE may avail of the services of the Local Government Academy (LGA) and other
learning institutions.
1. Local Government Units (LGUs)-These are political subdivisions of the state, including
provinces, cities, municipalities, and barangays.
2. Local Chief Executive (LCE)-This is the highest official in an LGU, such as a governor,
city mayor, or municipal mayor. The LCE is responsible for the development of his/her
employees.
3. Local Government Academy (LGA)-The LGA is a training institution under the
Department of the Interior and Local Government (DILG).
4. Other Learning Institutions: Apart from the LGA, the LCE can also avail of services from
other learning institutions for employee development.

“In establishing a continuing program for the development of the personnel, each department or
agency or local government unit shall: x x x (b) Design, implement and evaluate-in-service training
and development programs solely or in coordination with the Commission and/or other government
agencies and institutions. Such programs shall include:
1. Induction Program - This is an initial introduction process conducted for new employees in
the government. It’s designed to develop their pride, belonging, and commitment to public
service.
2. Orientation Program- An Orientation Program is a formal event or series of activities
organized by an employer to introduce new employees to the organization and their role
within it.
3. Reorientation Program- As organizations evolve, roles and responsibilities of employees may
change. The reorientation program helps employees understand their new duties and how
they contribute to the organization’s goals.
4. Professional/Technical/Scientific Program- These programs are designed to enhance the
skills and knowledge of second-level personnel in the career service. These programs are
designed to help individuals obtain promotions, make career moves, or expand their
knowledge and skills while maintaining their careers.
5. Employee Development Program- These programs are designed to improve employees’
existing competencies and skills and develop new ones to support the organization’s goals.
6. Middle Management Development Program- these programs aim to prepare middle
managers for greater responsibilities by enhancing their management and administrative
skills. This is achieved through a series of planned interventions and training courses that
focus on various aspects of management and administration.
7. Value Development Program- The Value Development Program is a set of courses that aim
to improve the values of those who take part in it. These values are important for being an
effective worker in the government. In other words, it’s like a training program to help
government employees be the best they can be at their jobs by focusing on important values.
8. Pre-Retirement Program- The Pre-Retirement Program is a set of courses designed to prepare
people who are about to retire. These courses provide information about the retirement plans
and benefits offered by the government.
9. Executive Development Program- The Executive Development Program is a series of
activities, experiences, and ongoing education designed to improve the management skills of
government officials or executives at the 3rd level. Simply put, it’s like a special training
program to help high-ranking government officials become better leaders and managers.
 “Each department shall include a specific budget allocation for human resource development
purposes. At least three (3) percent of the annual budget shall be set aside for the purpose.” (Sec. 8,
Art. VIII of the Omnibus Rules Implementing Book V of EO 292)

“A Public Office is a Public Trust” and public officials and employees must at all times be
accountable to the people. Discipline is needed to serve and protect the interest of the agency and the
state as well.

EMPLOYEE DISCIPLINE
Sec. 1 Rule XIV of the Omnibus Rules Implementing Book V of EO 292 states that, “No officer or
employee in the Civil Service shall be removed or suspended except for cause as provided by law
and after due process.”

A. Legal Basis of Employee Discipline

The power to impose discipline by the appointing authority in the civil service is provided for in Art.
IX-B of the 1987 Constitution as implemented in Sec. 46 (a) Chapter 7, Book V of the 1987
Administrative Code and Sec. 84-88, Title III, Book I of the Local Government Code.

B. Valid grounds for instituting disciplinary action

Under the Revised Administrative Code of 1987 (Executive Order 292) it provided for thirty (30)
valid grounds or causes of action ranging from dishonesty to nepotism. Other grounds are provided
under RA 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials
and Employees, RA 3019 (Anti Graft and Corrupt Practices Act), RA 7877 (Anti Sexual Harassment
Act of 1995), Anti Red Tape Act of 2009, and other laws.

C. Person who may file complaint

Any person may file a complaint in clear, simple and concise language and in a systematic manner
as to apprise the respondent of the nature of the charge against him.

D. Place of filing a complaint

An administrative complaint may be filed with the head of the LGU concerned or the Civil Service
Commission Regional Office having territorial jurisdiction where he acts or omissions were
committed.

E. Contents of a Formal Charge

The Formal Charge shall contain a specification of charge/s, a brief statement of material or relevant
facts, accompanied by certified true copies of the documentary evidence, if any, sworn statements
covering the testimony of witnesses, a directive to answer the charge/s in writing under oath in not
less than seventy two (72) hours from 31 receipt thereof, an advice for the respondent to indicate in
his/her answer whether or not he/she elects a formal investigation of the charge/s, and a notice that
he/she is entitled to be assisted by a counsel of his/her choice.

F. Definition of Formal Investigation

Formal Investigation refers to the formal hearings conducted by the disciplining authority when the
person complained of opted for a formal investigation.

G. Period to render a decision by disciplining authority

The disciplining authority should render his/her decision on the case within thirty (30) calendar days
from receipt of the investigation report.
H. Penalties the disciplining authority may impose on the respondent
• The following penalties may be imposed:
• Dismissal or removal from the service
• Demotion in rank
• Suspension of from one (1) day to one (1) year without pay
• Fine equivalent to six (6) months
• Transfer
• Reprimand

Grave Offenses
• Dishonesty
• Gross neglect of duty
• Grave misconduct
• Being notoriously undesirable
• Conviction of a crime involving moral turpitude
• Falsification of official document
• Physical or mental incapacity or disability due to vicious habits
• Engaging directly or indirectly in partisan political activities by one holding non-political
office
• Disloyalty to the Republic of the Philippines and to the Filipino People
• Nepotism
• Oppression
Light Offenses
• Violation of Dress Code
• Gambling

IV. Synthesis/Generalization

• Talent development is a strategic approach that focuses on the growth and development of
individuals within an organization.
• Every official and employee of the government is an important asset or resource to be valued,
developed, and utilized in the delivery of basic services to the public.
• Each department shall prepare a career and personnel development plan.
• The goal of these initiatives is to ensure that elected officials are well-trained and equipped
to perform their duties effectively.
• Design, implement and evaluate-in-service training and development programs solely or in
coordination with the Commission and/or other government agencies and institutions.
• “A Public Office is a Public Trust”
• “No officer or employee in the Civil Service shall be removed or suspended except for cause
as provided by law and after due process.”
• Under the Revised Administrative Code of 1987 (Executive Order 292) it provided for thirty
(30) valid grounds or causes of action ranging from dishonesty to nepotism.
• Any person may file a complaint in clear, simple and concise language and in a systematic
manner as to apprise the respondent of the nature of the charge against him.
• Formal Investigation refers to the formal hearings conducted by the disciplining authority
when the person complained of opted for a formal investigation.
• An administrative complaint may be filed with the head of the LGU concerned or the Civil
Service Commission Regional Office
 • The disciplining authority should render his/her decision on the case within thirty (30)
calendar days from receipt of the investigation report.

To sum up everything that is written on our paper, every official and employee of the government is
an important asset or resource to be valued, developed, and utilized in the delivery of basic services
to the public. Hence, the development and retention of a highly competent and professional
workforce in the public service shall be the main concern of every department or agency. Every
department or agency shall establish a continuing program for career and personnel development for
all agency personnel at all levels and shall create an environment or work climate conducive to the
development of personnel skills, talents, and values for better public service.
No officer or employee in the Civil Service shall be removed or suspended except for cause as
provided by law and after due process. Formal Investigation refers to the formal hearings conducted
by the disciplining authority when the person complained of opted for a formal investigation.

V. References

Retention – Talent Development and Penalties and Offenses (pg. 26-36). Civil Service Commission.
A Guide for local chief executives on public personnel administration. Retrieved from a-
guide-for-local-chief-executives-on-public-personnel-admin.pdf

R.A. 6713. (n.d.). Lawphil.net. https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html

R.A. 9485. (n.d.). Lawphil.net. https://lawphil.net/statutes/repacts/ra2007/ra_9485_2007.html

E.O. No. 297. (n.d.). Lawphil.net. https://lawphil.net/executive/execord/eo1987/eo_292_1987.html

Grave Offence Definition. (n.d.). Law Insider. Retrieved October 25, 2023, from
https://www.lawinsider.com/dictionary/grave-
offence#:~:text=Grave%20Offence%20means%20offences%20of

4
Recognition and Rewards
RATIONALE
A carefully constructed program for rewards and recognition is essential to creating a culture
that is performance-driven, inspiring workers, and guaranteeing the long-term viability of any kind
of company, including government bodies. Individual and group contributions are recognized and
valued, which enhances work satisfaction and improves company performance. The two main ways
that the program recognizes recognition will be discussed in this section. Promotions, awards, and
incentives are how government employees are recognized and rewarded. Additionally, it will
emphasize several key benefits and ideas.
LEARNING OBJECTIVES
upon finishing this chapter, learners will be capable to:
· Envision and manage a thorough recognition and reward program inside the organization
with the purpose of building a culture of employee appreciation and motivation, boosting
productivity, and improving overall performance while making sure it is in alignment with
the strategic goals and values.
· Provide incentives and interventions to motivate employees who have contributed ideas,
suggestions, exceptional accomplishments, and other personal efforts.
 · Recognize and reward accomplishments and innovations on a regular basis and continually
identify outstanding accomplishment, best practices of employees and it complies to the
premise of giving rewards and incentives based on output, creative concepts, and model
conduct.

CONTENT
A basic human feature that exists in all organizations is the innate need for others to recognize
and value one's achievements and efforts. While it is true that internal satisfaction usually comes
first, there is no denying that receiving outward praise and being able to celebrate others' successes
also brings about a sense of fulfillment and inspiration.
As a key component of fostering a performance-oriented culture inside any firm, recognition
and reward programs play a significant role in this situation. These programs have a variety of
functions, acting as useful instruments for assessing and giving feedback on an employee's
performance and eventually producing several advantages. Programs for honoring and rewarding
employees' efforts are more than just showy gestures; they are firmly based on the values of hard
work and dedication. By doing this, they have a major impact on a few workplace factors that
eventually contribute to the success of the company.
These initiatives may improve staff morale and work satisfaction. Employees are more likely
to be interested, driven, and devoted to their jobs when they feel valued and appreciated. This
increase in morale frequently results in increased work satisfaction, lower turnover rates, and better
overall staff retention. The organization gains from having a steady, knowledgeable staff that is more
committed to attaining long-term objectives. These initiatives benefit the organization's teamwork
and collaboration. A culture of peer support and cooperation is frequently fostered by acknowledging
individual accomplishments. When workers witness their coworkers being recognized and given
incentives, it can encourage a spirit of friendly competition and teamwork. Sharing best practices
and expertise can result from this collaborative atmosphere, improving team performance.
Furthermore, incentive and recognition systems are effective strategies for raising
performance. They provide employees with honest feedback, assisting them in identifying their
strengths and potential areas for development. Employees are provided with a roadmap for personal
and professional growth, which can support ongoing progress, by recognizing and rewarding certain
habits, abilities, or successes.
1.Monetary Benefits: The financial incentives that businesses give to their employees are known as
monetary benefits. Salary, incentives, commissions, and allowances are some of them. These benefits
are essential for a worker's financial stability and can inspire them to accomplish their objectives
while also satisfying their social, security, and psychological requirements.
2.Non-Monetary Benefits: Praise, gratitude, acknowledgment, and rewards are examples of non-
monetary advantages that don't require money. They are benefits that an employee can obtain from
their employment on an internal and intrinsic level. Non-cash incentives are very successful in
inspiring teams as well as motivating personnel.
3. Promotion: Promotions are a typical method of reward and recognition in the public sector. It
entails raising a worker's place or rank inside the organizational structure. Superior performance is
frequently the basis for promotion, which may also include a pay raise. It is managed by laws and
ordinances to guarantee that those appointed to positions have the knowledge and abilities required
for the job.
4. Awards and Incentives: In the government, rewards and recognition are mostly based on
incentives and awards. They support the public sector's efforts to be innovative, creative, efficient,
and productive. Awards of honor, such the Presidential or Lingkod Bayan Awards, honor noteworthy
services to the government. Employees are rewarded with incentive rewards based on performance
rather than quantity of work hours.
5. Honor Awards Program (HAAP): The HAAP consists of various awards, including:
 • Presidential or Lingkod Bayan Awards: Recognize exceptional performance and
contributions to the government.
• Civil Service Commission or Pagasa Award: Acknowledges outstanding
contributions that benefit multiple government departments.
• Department or Kapwa Award: Recognizes contributions benefiting a single
agency.
• Outstanding Public Official/Employee Award or Dangal ng Bayan Award:
Conferred on government employees who perform extraordinary acts of public service and
exhibit exemplary ethical behavior.
The Incentive Awards will encompass, but are not restricted to, the subsequent:
1. Performance Incentives: Refers to performance-based pay programs where an
employee provided with an incentive for doing something. And rewarded for achieving
higher goals and objectives based on the organizations performance evaluation system
for the last 2 rating period.
2. Length of Service: Is the number of years an employee has been working for an
organization. Certain firms want to give their workers more leave or sick pay as a way of
saying thank you for all of their hard work.
3. Productivity Incentives: given to an employee who has exceeded their targets.
4. Most Courteous Employee:
Presented to a worker in line with the "ANG MAGALANG, BOW" politeness campaign
initiative in the civil service.
5. Loyalty Award: Awarded to a worker who has at least 10 years of continuous, reliable
service in the government.
6. Retirement Award: Awarded to a retiree with at least fifteen years of good government
service.
7. Year-end Benefits or Thirteenth-Month Bonus Plus Five Thousand Cash Gift: Given
to representatives of the government and personnel of all branches in appreciation of their
commitment to public service.
8. Monetary Award: Given to an employee whose recommendations, inventions, or
execution of a task result in financial savings.
Environmental and social impact assessments (ESIAs) was renamed Program on Awards and
Incentives for Service Excellence (PRAISE) through CSC MEMORANDUM CIRCULAR NO.1
s.2001, which aims to: create a system for recognizing, choosing, awarding, and offering incentives
to qualified personnel at the beginning of each year. Provide incentives and interventions to motivate
employees who have contributed ideas, suggestions, exceptional accomplishments, and other
personal efforts.
The PRAISE shall be institutionalized through the creation of a praise committee in all agencies of
the government, and it shall have the following composition:
1. Chairperson: The Head of Agency or Authorized Representative
This individual serves as the leader of the committee, responsible for overseeing and
coordinating the praise and recognition efforts.
2. Head of the Financial Unit or Equivalent
This member likely ensures that any financial aspects related to the praise and recognition
activities are appropriately managed and allocated.

3. Head of Planning Unit or Equivalent

This member is likely involved in strategic planning for the recognition program, ensuring that
it aligns with the agency's goals and objectives.
 4. Highest Ranking Employee in Charge of HRD or the Career Service Employee Directly
Responsible for Personnel Development
This member is responsible for personnel development and likely plays a crucial role in
identifying and acknowledging employees' contributions.
5. Two Representatives from the Rank and File Employees (1st and 2nd Level)
These representatives ensure that the perspectives and opinions of front-line employees are
considered in the recognition process. Having both 1st and 2nd level representatives helps
in covering a broader range of employees.
SYNTHESIS/GENERALIZATION
1. programs for rewards and recognition are essential for fostering a culture of success in a
business. They accomplish several goals and provide a range of advantages. These initiatives
save operational expenses, raise competitiveness, improve morale, and decrease stress,
absenteeism, and turnover. They serve as effective performance-enhancing tools and
motivators.
2. in government service, there are two main ways to be recognized: through promotion and
awards and incentives. employees who are promoted are placed in more senior roles with
more responsibility and frequently more pay. to maintain competence and justice, it is
regulated by set norms and guidelines. incentives and awards honor exceptional work and
promote efficiency, innovation, creativity, and productivity in the public sector.
3. the key components of these recognition and reward programs are both monetary and non-
monetary rewards. monetary benefits include cash bonuses, allowances, and gift certificates,
while non-monetary benefits encompass formal and informal acknowledgments, engaging
job duties, training opportunities, and increased involvement in decision-making.
4. Several distinguished prizes are given out by the government as part of the honor award
program (HAP), which honors and celebrates outstanding achievement and services to the
public sector.
5. A systematic approach to identifying and honoring exceptional government workers led to
the creation of the program on awards and incentives for service excellence (praise). praise
adheres to the principles of offering financial and non-financial rewards and incentives based
on performance, ingenuity, and exemplary behavior.

REFERENCES
A Guide for Local Chief Executives (LCEs) on Public Personnel Administration, a-guide-for-local-
chief-executives-on-public-personnel-admin.pdf - Google Drive
Official Gazette. (1987, July 25). Executive Order No. 292 s. 1987: INSTITUTING THE
"ADMINISTRATIVE CODE OF 1987". Official Gazette of the Republic of the Philippines. Executive
Order No. 292, s. 1987 | Official Gazette of the Republic of the Philippines
Civil service commission. (n.d.). honor awards program. civil service commission. Honor Awards
Program (csc.gov.ph)

5
Retirement and
Termination of Employment
 I. RATIONALE
This chapter will enlighten you about the definitions and different types of retirement and termination
in an organization. It is important that every employee in the organization will know the details about when
to end and what to do in the retirement and termination in our country.

II. LEARNING OBJECTIVES

After completing this chapter, you will be able to:

• Discuss the definition of retirement and termination of employment.

• To know the retirement benefits of government officials and employees
• Discuss the types of retirement
• Discuss the Section 13(b) of RA NO.8291
• Explain the Modes of Termination of Employment

III. CONTENT

Definition of Retirement
Retirement is the end of an employee’s career in his or her organization, normally because he/she has
reached the retirement age set by law, when physical conditions do not allow the person to work anymore, or
even by personal choice. Retirement, in broad terms, is the stage of life when you are no longer dependent on
employment to support your standard of living and can instead rely on savings or other passive sources of
income. It's common to use the phrases "retirement" and "financial independence" together. Both are possible
if you have enough money in your savings, investments, and/or retirement accounts to pay for your daily costs.
Retirement benefits of government officials and employees
The GSIS states that the Philippines' optional retirement age is 60 and its mandatory retirement age is
65. Those who have served in the public sector for at least 15 years and are 60 years old at the time of
retirement are eligible for a pension under Republic Act 8291, also known as the Government Service
Insurance System Act of 1997. According to RA 1616, provides for a gratuity benefit for retiring members
who will qualify under this retirement mode. The gratuity is payable by the last employer. The employee shall
also be entitled to a Refund of Retirement Premiums paid, personal share with interest and government share
without interest and lastly for RA No. 660, Retirement under RA 660 (also known as ‘Magic 87’), may be
availed by members who are 52 years old for as long as they have already been in government service for the
past 35 years. In the Philippines, government personnel are covered by the GSIS, a social security
organization, for retirement and life insurance. It applies to personnel working for the federal government as
well as any of its political branches, agencies, or instrumentalities, such as the court, financial institutions with
original charters, commissions charged with upholding the constitution, and corporations owned or managed
by the government.

Section 13(b) of RA 8291

Provides that unless the service is extended by appropriate authorities, retirement shall be compulsory
for an employee at sixty-five years of age with at least fifteen years of service. If an employee has less than
fifteen years of service, he may be allowed to continue in the service in accordance with existing civil service
rules and regulations.

Types of Retirement
There are 3 different sorts of Retirement. Compulsory Retirement, Optional Retirement and
Retirement due to reorganization. The 1st one is Compulsory Retirement, In the Philippines, government
employees must retire by age 65. Currently, they have the choice to retire early at age 60. The 2nd one is
Optional Retirement, Employees may retire at age sixty (60) or older if they have worked for the company for
at least five (5) years without a retirement plan or other applicable arrangement that provides for retirement
benefits. And the last one is Retirement due to Reorganization caused by an adjustment in the organizational
and functional structure of an agency with the goal of improving its sustainability in terms of economy,
efficiency, and effectiveness as well as to improve its responsiveness to the needs of its public client as
authorized by law. Finally, in order to help the organization develop they must do exit interviews and pre-
retirement counseling.

Termination of Employment
The phrase “termination of employment” describes the conclusion of an employee’s employment with
a corporation. An employee’s may be terminated at any time, either voluntarily or as the result of an
employer’s decisions. Employers may terminate an employee’s employment for a variety of reasons, such as
downsizing, subpar work performance, or redundancy.

Other Modes of Termination of Employment

An employee’s time working for a corporation comes to an end when their employment is terminated.
Termination may take place voluntarily, like when a worker decides to leave on their own. Severance packages
are optional, which means a corporation is not required to offer them to employees when their employment is
terminated. Involuntary termination occurs when a company reduces its workforce, dismisses people, or
performs other forms of involuntary reductions in force. Employees who lose their jobs for no fault of their
own may be entitled to unemployment payments. To put it another way, the worker willingly des to leave their
job and informs the employer of their decision. The notice period begins the day after the employee notifies
their employer in writing via email or letter that they wish to resign from their positions and concludes on the
employee’s final day of employment. An extended absence without permission is the employee may not be
terminated from employment or removed from the rolls without prior approval. Without prior notice, he or
she be informed if their separation from the service no after than five days prior to it taking effect. A
documented return to work order must be delivered to the official or employee if the number of unauthorized
a related absences for at least 270 working days in a 24-month period, with a continuous absence of more than
a year due to illness. Abnormal behavior that persists over time and indicates a mental illness that makes it
impossible for the person to work, as reported by their coworkers and direct supervisors and by the office
head. The punishment for a serious administrative infraction is dismissal from the service and it serves as a
formal notification of termination of employment or service. The orders will apply prospectively in all
situations involving dismissal or removal from service due to an unauthorized absence. A termination of
employment, also known as a separation from employment, may be voluntary and the result of the employee’s
decision or involuntary and the result of the employers. When an employer terminates an employee’s
employment, it typically does so due to the employee’s performance or conduct being deemed undesirable. It
may also do so due to layoffs or forms of workforce reduction caused by economic conditions.

IV. SYNTHESIS/GENERALIZATION

• Retirement is the end of a worker's employment with an organization, generally because he or she has
reached the legal retirement age, cannot continue to work because of complications with their health,
or even because of personal choice.
• In the Philippines, there are three elements to retirement for public servants and employees. The first
is that retirement is required at age 65. The second is that employees who began working before June
1, 1977, and who have not yet received any separation or retirement benefits may choose to retire
under RA Nos. 8291, 660, or 1616; the third is that benefits will only be paid based on the amount
and number of premium payments made by members; this is known as a premium-based policy.
• According to RA 8291's Section 13(b), an employee with at least fifteen years of service must retire
at age 65 unless the employment is extended by the authorized authorities.

• There are 3 types of Retirement: Compulsory Retirement, Optional Retirement and Retirement due
to Reorganization.
 • In order to help the organization develop they must do Pre-retirement Counseling and Exit Interview.
• In addition to retirement, there are various ways to end an employee's employment. The first one is
Resignation, which happens when an employee leaves an organization of his or her own decision.
The second one is Dropping from the Roll, dropping from the roll is a form of non-disciplinary
separation that can be justified for the following reasons: A continuous absence without approved
leave, Unsatisfactory or Poor Performance and Physical and mental unfitness. And finally, is
Dismissal from the service, The punishment for a serious administrative violation is dismissal from
the service. An official announcement of termination from job or service.

REFERENCES:
Government Service Insurance System (2021) Retrieved from Retirement Benefit – Government Service
Insurance System (gsis.gov.ph)

Labor Law PH (2023) Retrieved from Retirement Pay, Private Sector - Labor Law PH
Julia Kagan (August 03, 2023) “What Does Termination of Employment Mean?” Retrieved from
What Does Termination of Employment Mean? (investopedia.com)
“REMOVAL/DISMISSAL FROM SERVICE” Retrieved from REMOVAL/DISMISSAL FROM SERVICE
(tnebnet.org)
“Retirement and Termination of Employment” Retrieved from
https://drive.google.com/file/d/1FVKT_-beQlEgYfVabt6p1-zyXuWOF5Kr/view?usp=drive_link

6
Personnel Policies and Standard
RATIONALE
This paper will punctuate what are the importance of Personnel Policies and Standard in
having a productive workplace. In this module, you will going to know how organization recruit
and select individuals and how these vacant positions will be filled in with competent employees.
This course outlines the steps about what are the qualification standard needed when you are
aiming a position, and how does the result of examinations being release. Upon reading this, you
will be provided with information on how eligible are being registered and about the cultural
communities in your organization like.

LEARNING OBJECTIVES
Once you finish reading this, you will be able to answer the following:
· What are the Personnel Policies and Standards all about?
· How does organizations recruit and select employee?
· Understand how important promotion is and ways on how to fill in open positions.
· What is qualified next in rank employees
· Things needed for appointment and the civil service qualifications.
· Differentiate section 22,23, and 24 of personnel standards and qualification.
· Discuss and identify how these sections affect and help the hiring process.
 · Explain why these kinds of standards and qualifications are important in an organization.

CONTENT
As they say, 'In life, people come and go' and as to organization also. People wants to work
that's why they apply and people do not want toxic workplace that's why they resign. This topic
will give you a background about how important policy and standard is in an organization. Could
you imagine an organization without a rules and regulations following? It would be a mess, right?
How about a company without standard? Of course there would be no consistency, quality,
compliance, and innovation. I hope, upon reading this paper, you will enlighten how these two are
beneficial to a workforce. So buckle your seatbelt as we begin to study the Executive order 282,
Chapter 5. Good luck and break a leg!

Policies and procedures are very important when it comes to personnel. Without them, it
would be very hard to determine an organization’s culture, compliance, and productivity. These
documents give a foundation on how to manage the workforce and engage with its personnel.

To put it simply, they’re guidelines that make sure everyone is treated fairly, expectations are clear,
legal requirements are followed, safety is maintained, disputes can be resolved easily, efficiency
is increased, all talent is kept and grown from within the company. When you really think about
it, they do more than that. They’re the roadmap to a happy workplace and employee welfare. It's a
small way companies can maintain their moral principles while achieving their goals

SECTION 21: RECRUITMENT AND SELECTION

1. Any citizen with qualifications will be given the opportunity to work for the government,
and efforts are being made to encourage the most qualified individuals to join the
workforce. Employees are chosen based on their aptitude for performing assigned duties
and fulfilling the expected job responsibilities.

2. In the event of a vacancy in a first-level career service position under Article 8, employees
of the department occupying the next lower position within the professional group to which
the vacancy is assigned and other job-related specialties; In , competent, qualified persons
with appropriate aptitude for public service are selected and considered for promotion.

3. If a vacancy occurs in a second-level career service position under Article 8, the position
shall be filled by the civil servant and other functionally related profession occupying the
next lowest position within the professional group to which the position is assigned. The
candidates for promotion are selected civil servants who are competent, qualified and
suitably suited for public service.

4. To meet the requirements and guidelines set by the Commission, each department or
agency shall develop its own screening process, which may involve fitness assessments.
The formation of promotion boards involves the establishment of evaluation criteria,
testing or interview procedures, and systematic review of training experience.
 5. If the vacancy is not filled by promotion as specified above, it may be filled by appointment
of individuals with the proper civil service eligibility for the positions, reinstatement,
transfer of current employees into the government service, or reemployment of individuals
separated through reduction in force.

6. If a qualified employee who is next in rank is not satisfied with the written special reason
or reasons provided by the appointing authority for such an appointment, they may appeal
the decision made in favor of another employee to the Secretary or Head of agencies or

instrumentalities, including government- owned or controlled corporations with original

charters, the Merit System Protection Board, and finally the Civil Service Commission. It
should be noted, however, that the decision of the Civil Service Commission may only be
reviewed on certiorari by the Supreme Court within thirty (30) days of the aggrieved party's
decision. The term "qualified next-in-rank" is used in this Section to describe an employee
who is appointed on a permanent basis to 'a position determined to be next up in rank and
who meets the criteria for that position as determined by the presiding official and approved
by [the Commission] through the appointment process.
7. Unless otherwise specified in this title, passing a suitable exam is a prerequisite for
appointment to positions in the first and second tiers of the career service under the Civil
Service rules. However, in the event that an eligible member of the public is actually
available for appointment, no non-eligible person will be appointed, even temporarily, to
any open career service position in the government or in any corporation owned or
controlled by the government with an original charter, unless there is an urgent need to fill
the vacancy in the public interest or if the vacancy is not permanent, in which case
temporary appointments of non-eligibles may be made in the absence of eligibles actually
and immediately available.

8. The relevant exams mentioned here are those offered by the Commission and the various
agencies; provided, however, that nothing in this article will impact those eligibilities
obtained prior to the Civil Service Law's implementation; further provided, that an
individual whose civil service eligibility was obtained through the successful completion
of an examination may be appointed to a position that requires a lower eligibility if they
meet the other requirements.

SECTION 22: QUALIFICATION STANDARD

Section 22: Qualification Standards, outlines the minimal qualifications needed for a class
of jobs in terms of education, experience, and training, as well as eligibility for the civil service,
physical fitness, and other attributes necessary for effective work. The appointing authority will
assess an officer's or employee's level of qualification based on the requirements for that specific
position. It will be the department's or agency's obligation to design, administer, and uphold
qualification requirements, working in conjunction with the Wage and Position Classification
Office and receiving support and approval from the Civil Service Commission.

SECTION 23: RELEASE OF EXAMINATION

Section 23: Release of Examination Result, the names of competitors who pass an exam will
be added to a registry of eligibles that is organized according to their overall ratings and includes
any additional information the Commission deems appropriate. It somehow covers timing,
methods, and confidentiality aspects upon communicating examination result. Ensures fair process
for informing each individual about the outcome of their performance.

SECTION 24: REGISTER OF ELIGIBLES

Section 24: Register of Eligibles, following successful completion of an exam, participants'

names will be placed to a register of eligibles, which will be arranged based on their total ratings
as well as any other details the Commission thinks pertinent. It allows the company to choose the
best assets for a certain position to execute the task efficient and effectively. It requires
confidentiality and the result will only be disclosed to the eligible member that passed the
examination.

KEY TAKEAWAYS

For Mr. Ramos

Not because you applied into a job, you are confidently expecting that you will get hired. It's
not that easy. Upon reading and studying this topic, I now understood that choosing an employee
into a group of recruited people, you need to pick the best among the best, you need to pick not
just only on the basis of knowledge and experiences, but also about the fitness to take the task and
obligation to take the role. And as an employee, don't just settle on the position that you have. You
need to see yourself 10 years from now into a higher position, so aim for promotion. But in order
to get promoted, of course you need to become qualified, competent and possess civil service
eligibility. But if you want to be appointed into a position that you are dreaming of, then be
competent and qualified also, and aside from that, you ought to meet the civil service rule.

According to Pat Riley, as a Human Resource Manager, 'Look for your choices, pick the best
one, then go with it'. If you want to be your organisation the best, then choose the best, choose
me.

For Ms. Balilo

Upon studying this topic, I noticed that hiring or selecting personnel is not as easy as I thought.
There’s a lot of process, requirements, and qualification that the individual must meet in order for
them to be considered eligible to the certain position.

Section 22, focuses on the individuals’ personal background like educational attainment,
experience, and knowledge. It also includes physical fitness, he or she should be physically fit in
order to do the job efficiently and effectively. The Release of examination results is one of the
crucial parts of applying for a job. This indicates if the applicants passed the hiring process and if
they are fitted to the desired job that they are aiming to. Lastly, Section 24 stands as the receipt of
those individuals who are eligibly meets the criteria following subsequent examination or
assessment. Confidentiality and Fair judgement is a must in order to avoid conflicts and execute
the task without having a problem.

CONCLUSION
To sum up, the foundation of an organization's efficient human resource management is its
Personnel Policies and Standards. These policies provide fairness, uniformity, and legal

compliance in the management of the workforce by laying down precise rules, expectations, and
processes. It is impossible to overestimate the significance of personnel policies and standards as
they provide the basis for many vital elements of an organization's performance.

Section 21 shows how organizations recruit and select qualified and competent employees and
how open positions are. Is filled in through various ways. Section 22 helps the hiring manager
ensure a comprehensive understanding upon the set criteria. Section 23 governs the release of
examination results that require fairness, transparency, and confidentiality. Lastly, Section 24
gives importance on having or maintaining the register of eligible individuals contributing to the
pertinent information within a special context. Section 22,23, and 24 helps the recruitment agency
or the hiring managers to choose the best among the best that can execute the work efficiently and
effectively, and by that, the organization might achieve their desired goals in any time with the
help of unity and effective workers or personnel. These sections form a framework for having such
qualifications, managing the exam results, and keeping eligibility records.

These rules support hiring, induction, and performance management by outlining roles, duties, and
expectations. They make sure that workers receive fair treatment, which is crucial for fostering a
healthy workplace environment and preserving worker morale. This topic somehow talks about
the importance of setting standards in a workplace.

REFERENCES
(2021). Officialgazette.gov.ph. https://www.officialgazette.gov.ph/1987/07/25/executive-order-
no-292-book-vtitle-isubtitle-achapter-5-personnel-policies-and-standards/
What are qualification standards? - OPM.gov. (n.d.). U.S. Office of Personnel Management.
Retrieved November 6, 2023, from https://www.opm.gov/frequently-asked-
questions/employment-faq/federal-hiring/what-are-qualification-standards/
Studypool Homework Help - Lesson 15 manpower requirements qualification standard
recruitment. (n.d.). Www.studypool.com. Retrieved November
6, 2023, from
https://www.studypool.com/documents/7003539/lesson-15-manpower-requirements-
qualification-standard-recruitment

compliance in the management of the workforce by laying down precise rules, expectations, and
processes. It is impossible to overestimate the significance of personnel policies and standards as
they provide the basis for many vital elements of an organization's performance.

Section 21 shows how organizations recruit and select qualified and competent employees and
how open positions are. Is filled in through various ways. Section 22 helps the hiring manager
ensure a comprehensive understanding upon the set criteria. Section 23 governs the release of
examination results that require fairness, transparency, and confidentiality. Lastly, Section 24
gives importance on having or maintaining the register of eligible individuals contributing to the
pertinent information within a special context. Section 22,23, and 24 helps the recruitment agency
or the hiring managers to choose the best among the best that can execute the work efficiently and
 effectively, and by that, the organization might achieve their desired goals in any time with the
help of unity and effective workers or personnel. These sections form a framework for having such
qualifications, managing the exam results, and keeping eligibility records.

These rules support hiring, induction, and performance management by outlining roles, duties, and
expectations. They make sure that workers receive fair treatment, which is crucial for fostering a
healthy workplace environment and preserving worker morale. This topic somehow talks about
the importance of setting standards in a workplace.

REFERENCES
(2021). Officialgazette.gov.ph. https://www.officialgazette.gov.ph/1987/07/25/executive-order- no-
292-book-vtitle-isubtitle-achapter-5-personnel-policies-and-standards/
What are qualification standards? - OPM.gov. (n.d.). U.S. Office of Personnel Management.
Retrieved November 6, 2023, from https://www.opm.gov/frequently-asked- questions/employment-
faq/federal-hiring/what-are-qualification-standards/
Studypool Homework Help - Lesson 15 manpower requirements qualification standard recruitment.
(n.d.). Www.studypool.com. Retrieved November 6, 2023, from
https://www.studypool.com/documents/7003539/lesson-15-manpower-requirements- qualification-
standard-recruitment.

7
EO NO. 292 Book V/Title I/Subtitle A/Chapter 5-
Personnel Policies and Standards Sec. 25-28
RATIONALE

Crafting carefully structured guidelines is crucial in establishing a comprehensive framework for a

company to achieve its objectives. At the core of this concept lies on the personnel policies and
standards, which aim to equip employees with the knowledge and direction necessary to carry out
their daily tasks and familiarize how appointment works in a career service. These policies define
roles and responsibilities, protect employee rights, and facilitate harmonious relationships within the
workforce. In fact, personnel policies and standards have become a fundamental principle for many
organizations, reflecting their effectiveness in steering the majority towards excellence. The
implementation of clear guidelines and procedures is bound to foster a culture of high standards in
the organization.

Thus, the concept of this paper is to enlighten the readers about how to facilitate and conform to the
policies and standards of the organization in a career service to create more ethical and professional
acts, as well as recognize employees' respective rights towards their jobs.

LEARNING OBJECTIVES

This paper sets out to establish the legal foundation for individuals seeking career service
opportunities and qualifying criteria, as well as establish the guiding principles to ensure an equitable
recruitment process in the workplace and the promotion of meritocracy.

Hence, by reading this paper, you will:

 • Identify individuals who are eligible for career service, as outlined in Sec. 25
• Gain a comprehensive understanding of personnel actions as outlined in Sec. 26
• Identify the implication of employment status.
• Gain a comprehensive understanding of the salary increase or Adjustment.

CONTENT

Sec. 25-26 Cultural Communities and Personnel Action

By: Maria Linda M. Magabo

To eliminate unethical appointment practices in a career service, the Civil Service Commission
(CSC) was established to supervise the appointment process for future career civil servants, wherein
they are mandated to appoint individuals relying only on meritocracy. The content of this paper is to
help readers identify the different policies and standards that apply to all personnel in the career
service and to gain insights into how appointment works and recognized personnel action which will
be discussed in the latter part of this narrative report.

To start with, EO No. 292 Personnel Policies and Standards Sec. 25 Cultural Communities
indicates that in this section in accordance with national policy, the Commission shall conduct special
civil service examination for members of cultural communities in order to qualify them for
appointment in the civil service. This section simply wants to inform everyone that members of
cultural communities have legal grounds to occupy any career service, promoting the opportunity for
every community with equal access to government positions. Being part of ethnic and cultural
communities that have traditional practices-- these people, however, do not limit them from getting
equal opportunity to enter any government career, thus, this section aims to empower them, and the
CSC must give them the right to take a special civil service examination in order for them to qualify
and acquire eligibility from the service. Nonetheless, Ifugaos, Igorots, Badjao, Aeta groups, Lumad,
and Muslims, are some people that belong to minority groups in the Philippines, and empowering
these ethnic groups will create cultural sensitivity and awareness making them feel more inclusive
in every work environment including government positions. The importance of inclusivity and
awareness for cultural groups is really important, as this promotes the idea of eliminating bias in the
workforce, which CSC has given the opportunity to oversee this kind of activity. Bias employment
is a strictly prohibited act mandated by the Civil Service Commission, whereas, they are much more
focused on individuals who can fulfill their requirements, regardless of the group they belong to.
Furthermore, focusing on cultural sensitivity improves the hiring process by increasing the diversity
of future applicants from various cultures and or groups to join a place within a company where
discrimination in any form does not exist and where people from diverse backgrounds are more
encouraged to apply for positions in a variety of different fields and for any available positions.

On the other hand, according to the Official Gazette website, it is basically stated in this section of
the same article, Sec. 26- Personnel Actions, that all appointments in the career service will be made
solely on the basis of merit and fitness only, and which can be determined through competitive
examination. Additionally, it is mentioned that various advancements or moves of employees from
the career service, such as: Certification through Appointment, Promotion, Transfer, Reinstatement,
Reemployment, Detail, and, Personnel Reassignment, are included and shall be recognized as
'personnel action'. This section connotes the idea that the compliance of personnel actions with rules,
policies, and regulations guarantees fair and transparent processes, upholding the principles of
meritocracy as employees progress in their positions. Advancing employees from one position to
another does not simply mean appointing
them from a good position very quickly-- personnel movement is a very meticulous process,
especially in a government position.

A career is a constantly changing and evolving journey with changes in job possibilities and this is
an implication that the workforce does not remain in its original form as our world becomes more
competitive and demanding. Changes in an employee’s career can be a personal choice or the
company’s choice. People are becoming more demanding of job prospects as a result of the
workforce's increasing demands, for this reason, some people occasionally ask for a high salary, a
good position, and an environment where they can actually grow, hence "movement" in personnel
employment actually takes place at work when they spot a better opportunity. On the other side,
movement in the workplace could be a company's choice because sometimes they have to align the
needs of the company for its own survival, that is why, sometimes sudden movement of personnel
happens. However, when the movement happens at work it does not mean bringing negativity
because, in the context of this report, the movement of personnel at work can be a good sign for the
reason that they can be appointed in different ways to a position. Any changes and movement in a
personnel's career is called "personnel action." As previously stated, personnel actions can take
several forms, and we will discuss one by one the first four (4) personnel actions:

i. Appointment through certification

ii. Promotion
iii. Transfer
iv. Reinstatement

Appointment through certification- Appointment through certification is one of the movements or

progress of personnel in a career position. It is one type of promotion of individuals, and they are
subject to being selected by the appointing authority to occupy such positions in a career service.
Hence, the appointing authority will only select the eligible candidates based on the merit and fitness
of the individual as stated in the Omnibus on Rules and Appointments of Personnel action Rule 1-
General Policies and Appointment, hence, merit and fitness of individuals or such personnel can only
be determined by after taking the competitive examination provided by the Civil Service
Commission in the same rulings Sec. 2. The process of appointment through certification does not
end there after the appointing authority select their desired appointee, the appointee will then put
under probationary period for a total of six (6) months in the service and they will undergo for
character monitoring/investigation before getting a permanent civil service status. Thus, they can be
dropped from the service after their behavior is observed in unsatisfactory behavior.

Promotion- Employees who are given the chance to progress in their roles whenever there are open
positions are said to be promoted. Promotions result in an increase in a worker's rank or position,
which means that the individual receiving the promotion also gets more work and responsibility
frequently along with a salary increase. The movement in a career could be from one
department/agency to another or from another organization unit with the same department.

Promotion in a career service has also policies that need to be followed: whenever there is a vacant
position on the first level or the second level-- the employees who occupy a position in the
organization or department can be considered to be promoted. Hence, if an employee(s) possesses
an excellent qualification even if they are not next in line to be promoted, the appointing authority
could select individuals and appoint them for promotion.

Transfer- A transfer is one kind of movement in a career service that has an equivalent rank, level,
or salary having no service gap prior to the issuance of their appointment. The transfer of personnel
could be from one department/agency to another or from another organization unit with the same
department.

Thus, the desired of one’s employee to be transferred should notify the head of the department for at
least 30 days before the issuance of his/her transfer where (s)/he currently employed and the
appointing officer has also thirty (30) days to approve the request for transfer of the employees, fail
to approve or grant the request of transfer of the employees on the date of the notice, the employee
is deemed to approved. However, if the employee(s) fail to transfer prior to the given date, the
personnel can be considered resigned.

Reinstatement- Reinstatement is when a personnel loses his/her job and returns back to the service.
When personnel are illegally dismissed from the job, they are entitled to two aids: 1. Backwages,
and 2. Reinstatement.

Hence, any personnel that has been permanently appointed in a career service and has no records of
misconduct on his/her duties and thus separated from the service, the personnel can be reinstated in
the same level position he/she is qualified.

All personnel action that has been identified in this paper should be known as human resource action
and the appointment process should be screened and evaluated by legal authorities such as the Human
Resource Merit Promotion and Selection Board (HRMPBS) and assess the merit and fitness of
individuals in accordance to the movement career of personnel.

CONTENT

Continuation of Section 26- Personnel Action/ Sec. 27-28 Employee Status and Salary Increase
and Adjustment

By: Jovie Cuevas

Reemployment. The names of people who have been permanently appointed to jobs within the
service after being separated due to events such as a reduction in force or reorganization will be
included on a list. This list is intended to identify people who could be considered for reemployment.

The goal of keeping such a list is to ensure that people who have previously served in permanent
career service positions are rehired equitably and methodically. This list offers a structured way for
reengaging those who have been affected by staff reductions or organizational changes that have
resulted in employee separation.

Detail. A detail is a temporary transfer of a person from one department or agency to another that
does not result in a reduction in rank, status, or income. Employees in professional, technical, and
scientific jobs can only detail for a year. In the case of the employees, detail beyond one year may
be permitted with the approval of the detailed personnel.

If the employee believes the detail is unreasonable, he may file an appeal with the commission. The
detail shall be executory while the appeal is pending, unless otherwise directed by the commission.

Reassignment. The transfer of an employee from one organizational unit within the same department
or agency to another that does not result in a change in rank, position, or salary is referred to as
reassignment. Without the employee’s permission, reassignment is only permissible for one year.
When an employee resigns from his position because the agency head’s actions are unjustified,
offensive, or humiliating, it makes continuing employment difficult.

As a result, the employee is said to have been illegally sacked. This can happen even if the
employee’s income does not drop or increase.

Executive Order No. 292 states in Section 27 that "appointment in the career service shall be
permanent or temporary." Employment status refers to an individual's relationship with the
organization or firm for which they work. It specifies if the individual works full-time, part- time, as
a contractor, or is jobless. It also defines the rights, perks, and duties that come with each sort of
employment and is typically documented in writing. The classification of a person's occupation
affects how they are taxed, what type of social security payments they are entitled to, and their
working circumstances.

This policy, which should be clearly mentioned in the organization's policies and procedures, should
require all employees, permanent or temporary, to have a certain status. A permanent appointment is
someone who meets all of the requirements for the positions to which he is being appointed, including
the appropriate eligibility prescribed by law and rules, and these qualifications help the person
qualify for this post. A temporary appointment, on the other hand, is given to someone who meets
the educational, experience, and training requirements for the post to which he or she has been
appointed, as determined by the highest authority in charge of human resource management. The
appointment shall be for a period of no more than twelve months from the date of appointment,
though the appointee may be removed sooner if a qualified and willing substitute is identified.

Lastly is the Section 28:Salary Increase or Adjustment this policy defines the procedure for
modifying employee salaries due to increased payment or position advancements without the
requirement for new appointments. It states that the qualifications for the employment have not
changed, and employees' job tasks and responsibilities have not altered. However, the policy requires
that salary adjustment notices be submitted to the Commission for record-keeping purposes. The
policy aims for administrative efficiency and qualification conformity.

SYNTHESIS/GENERALIZATION

This paper discusses the personnel policies and standards such as Cultural Communities, Personnel
Action, Employment Status, and Salary Increase or Adjustment. Section 25 Cultural Communities
are groups of people who have a shared cultural heritage and tradition, and national policy promotes
their integration through special civil service tests. Section 26: Personnel Action is concerned with
merit and fitness, with appointments based on competitive tests. Appointment through certification,
promotion, transfer, reinstatement, reemployment, detail, and reassignment are all examples of
personnel activities. The Appointment through Certification is a law that selects the right person for
a position, requiring a six-month probationary period and a thorough character check. It allows for
promotion, transfers, and reinstatement. Promotions increase duties and salaries, transfers change
rank or compensation without pause in service, and reinstatement allows permanent appointments
without delinquency or misconduct. Reemployment is a persons on the list will be reemployed, it
includes permanent personnel appointed to career service positions who have been separated due to
force reduction or reorganization. Detail. A detail allows employees to move between agencies
without appointment, limited to professional, technical, and scientific positions. Employees can
appeal, but the decision is executory unless otherwise ordered. And lastly, there is reassignment,
where the employee will be reassigned to other organizations in the same agency. The Section 27
defines various employee status, such as permanent status and temporary appointment Permanent
Status necessitate meeting the essential requirements, whereas temporary appointments are issued
when necessary in the public interest. Lastly is Section 28 Salary increases or Adjustment

are position-based and should not include changes to qualifying criteria. A copy of the salary
adjustment must be sent to the Commission for record-keeping by the new appointment.

REFERENCES

Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5-Personnel Policies and Standards].
(n.d.). https://www.officialgazette.gov.ph.
https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-vtitle- isubtitle-
achapter-5-personnel-policies-and-standards/

Dc, F. (2017). 2017 Omnibus Rules on Appointments and Other Human Resource Actions. Dlsud.

https://www.academia.edu/34827014/2017_Omnibus_Rules_on_Appointments_and_Oth
er_Human_Resource_Actions

Importance of Cultural Sensitivity in Today’s Workplace. (2023, February 4). Indeed.com.

https://www.indeed.com/career-advice/career-development/importance-of-cultural- sensitivity

CSC MEMORANDUM CIRCULAR NO. 40 s. 1998 - REVISED OMNIBUS RULES ON

APPOINTMENTS AND OTHER PERSONNEL ACTIONS - Supreme Court E-Library. (n.d.).
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/38414

Salary Increases: Best Practices for Leaders to Consider. (n.d.). Indeed.

https://www.indeed.com/recruitment/c/info/salary-increases-best-practices-for-leaders

Issue in Renewal of temporary appointment. (n.d.). Civil Service Commission.

https://web.csc.gov.ph/forum/forum/remedies/4571-issue-in-renewal-of-temporary- appointment

8
Executive Order No. 292: Section 29-32

I. RATIONALE

This chapter highlights 4 sections of Book V from the Administrative Code of 1987 also known as
Executive Order 292, namely; Section 29, the Reduction in Force, Section 30, the Career and Personnel
Development, Section 31, the Career and Personnel Development Plans, and lastly Section 32, the Merit and
Promotion Plans. Since the Philippines has exposed and adopted the wrongdoings of the Spanish Colonization,
the way of governing lacks efficiency and effectiveness among public servants. It is important that the method
of utilizing the resources of every government agency is based on legal procedures. This is to avoid
misconduct and abuse of power among employees and promote transparency and integrity.

II. LEARNING OBJECTIVES

 At the end of this chapter, you are expected to be able to:
1. Define and recognize the provisions and functions that are outlined under the Section 29-32, Book V of
the Executive order 292.
2. Provide a comprehensive understanding regarding the connection of Section 29-32, Book V, to
government related documents and activities.
3. Expand your existing knowledge on the appropriate government delivery service.

III. CONTENT

The Executive Order 292 or also known as Administrative Code of 1987 was established as an attempt to
better serve the Filipino people by introducing a new form of government and improving existing practices as
this should be followed by all government agencies. This was signed during the term of Corazon C. Aquino.

Additionally, the Executive Order 292 is a well-articulate code that aims to replace all the wrongdoings
that are committed by past administrations before Aquino. This is because we have been colonized and
manipulated by the Spaniards for almost 333 years, to the extent that we have become slaves and prisoners of
our own country. We have also adopted nepotism, the toxic and have been a long practice for some politicians
– political dynasty. The Philippines was also experienced bloated bureaucracy and some leaders are focused
only on serving the interest of one family.

With that being said, the implementation of Executive Order 292 specifically the Book V, Chapter V
which is in regards to the Personnel Policies and Standards have influenced and provided a clear definition of
power and limitations for government agencies. This paper highlights the following sections;

SECTION 29: REDUCTION IN FORCE

This becomes necessary in an organization due to factors such as of lack of work or funds or due
to a change in the scope or nature of an agency’s program, or as a result of reorganization, to reduce
the staff of any department or agency, those in the same group or class of positions in one or more
agencies within the particular department or agency wherein the reduction is to be effected, shall be
reasonably compared in terms of relative fitness, efficiency and length of service, and those found to
be least qualified for the remaining positions shall be laid off.

An example of this manifestation would be the implementation of the Executive Order 29 in

which it was signed on September 30, 1998, MANDATING THE STREAMLINING OF THE
NATIONAL TOBACCO ADMINISTRATION, during the term of Joseph Estrada. Highlighted in this
Executive Order that through Section 29 it was possible for the National Tobacco Administration
(NTA) to use this as one of the basis to reduce their staff due to the following grounds;

• Lack of funds to sustain its employee;

• Changes of scope as it seeks to address major and pressing concerns to meet the challenges
in local tobacco industry, and;
• Reorganization in terms of realignment of department operations in order for them to modify
its structure to come up with more responsive, effective and efficient agency.

The streamlining of such aims to adhere to the following principles:

1. The streamlining shall be taken within the overall context of promoting the development of
the tobacco industry. It should address the current needs of the agency and support its
strategic thrusts. This will include the review of all its operations with a set of criteria for
measuring programs, projects and services to attain the agency's visions and plans; and
2. Attain optimum efficiency in the allocation of resources especially for priority programs,
projects and services by minimizing organizational levels, reducing span of control,
 combining common functions, avoiding duplication and maximizing resource utilization, but
with minimum disruption of operations.

It is also stated that it covers all regular employees who have rendered at least one (1) year of
continuous service to the agency. On the other hand, employees may opt to avail any of existing
GSIS retirement laws. In which for qualified retirees, their number of years shall be certified by the
GSIS.

On the case of NTA, they want to reduce workforce by minimizing organizational levels through
the manifestation of merging offices that performs the same function in the National Tobacco
Administration which is a proof that reduction in force does not necessarily reflect an individual’s
performance.

SECTION 30: CAREER AND PERSONNEL DEVELOPMENT

According to book V, under this is development and retention of a competent and efficient
work force in the public service is a primary concern of government. That it shall also be the policy
of the government that a continuing program of career and personnel development be established for
all government employees at all levels. In addition to that, it is also defined this is an integrated
national plan for career and personnel development shall serve as the basis for all career and
personnel development activities in the government.

The government’s main objective is the development and retention of a skilled and effective work
force in the public sector. It is also stated in the government policy, that all employees, regardless of rank,
must participate in an ongoing program for career and personnel development. As this will also help the
organization’s credibility and able to increase worker’s spirit of competence.

An example of this is the corporate order no. 0029, s. 2019 which is the PhilHealth’s Succession
Planning that was issued on April 12, 2019. Section 30, was used as one of the bases for the establishment
and implementation of Philhealth’s succession planning.

The PhilHealth Succession Planning Program aims to:

A. Establish a competency-based system that ensures readiness of officers and employees to assume the duties
and responsibilities of leadership and critical positions in the Corporation;
B. Promote a fair and objective method of selection of officers and employees for competency development;
and
C. Ensure return on investment for HR initiatives conducted for the succession planning.

Corporations shall ensure that there are officers/employees who are ready to assume the post, either
through designation or appointment when a critical position becomes vacant. Furthermore, succession
planning must lay down the track towards the selection and development of officers and employees to make
them available, capable, and willing to assume critical positions in the Corporation anytime such vacancy
exists.

SECTION 31: CAREER AND PERSONNEL DEVELOPMENT PLANS

Under this is the part of the Civil Service Code of the Philippines, which is a law that governs and
conducts the rights of civil servants in the country. This section states that each department or agency of the
government must prepare a plan that will help their employees develop their careers and skills. Career and
personnel development plans ensure that an individual's goals align with the goals and objectives of their
organization or educational institution, fostering a sense of purpose and commitment. This plan must be
aligned with the national plan made by the Civil Service Commission, which is the central personnel agency
of the government. In a rapidly changing job market, these plans help individuals adapt to new challenges and
opportunities, ensuring their skills remain relevant. The plan must include provisions on how to promote
employees based on merit, how to evaluate their performance, how to train them in-service or abroad, how to
rotate them among different jobs, how to reward them for their suggestions and achievements, and how to
provide them with health, welfare, counseling, recreation and other services that will improve their well-being
because having a plan can be a motivation, as it gives individuals a sense of direction and purpose, which can
lead to increased job satisfaction and commitment.

This section typically outlines policies and procedures for career development and personnel
management within a government agency that plays a crucial role in shaping the development and
management of human resources contributing to organized and effective public service quality. In essence, a
career and personnel development plan serves as a strategic tool to help individuals and organizations achieve
their long-term goals by providing a structured framework for personal and professional growth. The purpose
of this section is to ensure that civil servants are given opportunities to grow professionally and personally,
and to enhance their productivity and efficiency in serving the public.

An example of this is when the Department of Education is committed to developing its workforce
and providing opportunities for career growth and personal development for its employees which includes
employee's self-assessment, goal setting, training and development programs, performance evaluation,
promotion opportunity, recognition and rewards, benefits and career counseling that plays a crucial role on
shaping the employees for growth and organizational excellence.

SECTION 32: MERIT AND PROMOTION PLANS

A merit promotion plan provides employees with a structured framework for advancing in their careers
based on their qualifications and performance. This offers them a clear path for professional growth. A well-
designed merit promotion plan benefits both employees and employers by fostering career development,
fairness, skill improvement, and organizational growth. According to this section, each department or agency
of the government must establish merit promotion plans, which are systematic methods of selecting employees
for advancement or promotion based on their qualifications, fitness and competence. Meaning, that these plans
must be administered in accordance with the provisions of the Civil Service law and the rules, regulations and
standards to be promulgated by the Civil Service Commission, which is the central personnel agency of the
government. The plans must include provisions for a definite screening process, which may include tests of
fitness, in accordance with standards and guidelines set by the Commission. Promotion Boards may be
organized subject to criteria drawn by the Commission. Having a structured merit promotion plan helps
employers comply with legal and regulatory requirements related to equal employment opportunities and non-
discrimination. It allows organizations to identify and groom future leaders from within the existing
workforce, ensuring a pipeline of skilled personnel for key roles.

The purpose of this section is to ensure that merit is observed, and qualifications and competence are
adhered to, in promoting employees. It also aims to create equal opportunities for advancement to all
employees in the government service, and to improve their performance and productivity. This Section 32,
which focuses on Merit Promotion plans, is relevant to government agencies because it promotes fairness,
transparency, legal compliance, and good governance while ensuring that the civil service is staffed by capable
and qualified individuals dedicated to serving the public interest. This is essential because it promotes
professional development and it is a cornerstone of good human resource management that benefits both
employees and organizations by ensuring that promotions are based on merit and qualifications. By offering
a clear path for career progression, organizations can retain valuable employees who are motivated to grow
within the organization.

IV. SYNTHESIS/GENERALIZATION

1. Government agencies must undergo a due process by following implemented standards.

2. Policies are created to avoid abuse of power among public partners, act upon their job description and
requirement, and also able to incorporate the limitations on their imposed jurisdiction.
3. Reduction in force does not necessarily means negligence in an organization.
4. Development plans that reflects sustainability ensures success.
5. Training and development encourages both individuals and organization to enhance skills and
competencies.
6. Maintaining skilled and motivated workforce is essential for the efficiency of public services and good
governance.
7. Creating opportunities can help to promote personal and professional growth.
8. Even though private corporations are exempted to follow the sections discussed as they are entitled to
their own freedom and right to implement rules and regulations that applies to them. They are still
mandated to follow the conditions written in the Administrative Code especially if it involves government
related documents and activities.

V. REFERENCE

Official Gazette (1987, July 25). Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5-Personnel
Policies and Standards]. https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-vtitle-
isubtitle-achapter-5-personnel-policies-and-standards/

National Tobacco Administration (2020, December) Mandating the Streamlining of the National Tobacco
Administration. https://www.nta.da.gov.ph/wp-content/uploads/2020/12/Executive-Order-29.pdf

PhilHealth (2019, December 4). PhilHealth's Succession Planning Program.

https://www.philhealth.gov.ph/about_us/transparency/SuccessionPlanningPolicy.pdf

Bowen and Hall (1997) Career planning for employee development: A primer for managers
https://journals.sagepub.com/doi/abs/10.2307/41164749

Peel Malcom (1992) Career development helps to realize potential

https://www.emerald.com/insight/content/doi/10.1108/EUM0000000000679/full/html

Mangaoang Eula Precarious work in the Philippine public sector: Nuances and prospects for reform
https://scholar.google.com/citations?user=cO8O59sAAAAJ&hl=en&oi=sra

9
Section 33 – 37 of Executive Order No. 292
Rationale

This section outlines the establishment of a comprehensive performance evaluation system,

emphasizing its alignment with the improvement of individual employee efficiency and
organizational effectiveness. It recognizes the need for customized evaluation plans for different
positions within departments or agencies. The responsibility for training is distributed among various
entities, with the Commission playing a key role in coordinating personnel development. The
provision encourages collaboration to avoid duplication and ensure effective training programs,
involving public and private institutions, central staff agencies, and local government entities. The
creation of a government-wide employee suggestions and incentive awards system is highlighted,
empowering the President or department heads to recognize and reward outstanding contributions to
government efficiency. This aligns with the goal of fostering innovation and excellence among
employees.
The Commission is tasked with providing leadership in developing employee relations programs,
emphasizing the importance of creating a positive work environment. Additionally, department
heads are urged to take steps to enhance supervisor-employee relations and boost employee morale.

The right of employees to present complaints or grievances is emphasized, with a structured process
for resolution at the departmental level. The involvement of higher authorities and, if necessary, the
Public Sector Labor Management Council, underscores the commitment to fair and expeditious
conflict resolution in the interest of both the agency and the employees involved.

II. Learning Objectives

I hope that upon completing this topics , you will be able to:

• Recognize, define, and critique the definitions of Section 33 to Section 37 of our Executive
Order No. 292
• Discuss and identify the differences of Section 33 to Section 37
• Explain some of the benefits of this sections

III. Content

This report is about Sections 33 to 37 of our Executive Order No. 292 [BOOK V/Title I/Subtitle
A/Chapter 5-Personnel Policies and Standards], such as Performance Evaluation System,
Responsibility for Training, Employee Suggestions and Incentive Award System, Personnel
Relations, and Complaints and Grievances. These sections form the backbone of an effective
governance system, ensuring transparency and employee well-being. Join us as we explain the
important regulations that shape our public service.

Section 33: Performance Evaluation System

It shall be administered in such manner as to continually foster the improvement of individual

employee efficiency and organizational effectiveness.

Section 34: Responsibility for Training

The Commission is in charge of organizing and incorporating a continuous program of personnel development
for all first and second level government employees. Central staff agencies and specialized institutes shall
conduct continuing centralized training for staff specialists from the different agencies. However, in those
situations where the number of participants justifies training at the department, agency, or local government
levels, these specialized institutes and central staff agencies will provide the assistance and consulting services
that are required.

Therefore ,to avoid duplication of effort and overlapping of training functions, the following functional
responsibilities are assigned:

1. Public and Private Colleges and Universities and similar institutions shall be encouraged to plan
and execute ongoing executive development programs.

2. Central Staff Agencies such as Commission on Audit, Department of Budget and Management ,
the General Services generation and others shall carry out centralized training and support the
Departments' or Agencies' training programs in line with their individual functional areas of
specialization. A full service staffing firm, central staffing focuses on placing candidates for direct
hire, temporary and temp-to-hire positions.

3. The Department of Local Government and Community Development shall undertake local
government training programs.

4. In accordance with the standards established by the Commission , each department or agency ,
province, city shall establish and maintain and promote a systematic plan of action for personnel
training at all levels. It must keep up with the necessary training personnel and utilize all of the
training resources that are available.

Section 35: Employee Suggestions and Incentive Award System

A government-wide system for employee suggestions and incentive awards is to be established based
on Commission-promulgated rules. The President or department heads are authorized to incur
necessary expenses for recognizing employees whose efforts contribute to government efficiency,
economy, or improvement. The emphasis is on acknowledging extraordinary acts or services in the
public interest.

Section 36: Personnel Relations

The Commission is designated to provide leadership and assistance in developing employee relations
programs. Secretaries or heads of agencies are directed to create an environment conducive to
positive supervisor-employee relations and improved employee morale.

Section 37: Complaints and Grievances

Employees have the right to present complaints or grievances for adjudication, promoting
expeditious resolution in the agency's best interest. Resolution at the lowest level is encouraged, with
a right to appeal to higher authorities. Departments are to establish rules for fair adjustment of
complaints. Unresolved disputes can be referred to the Public Sector Labor Management Council for
appropriate action.

Key Takeaways

SECTION 33. Performance Evaluation System

• ✔ Establishment of a performance evaluation system for career service officers and

employees.
• ✔ Administered to continually improve individual employee efficiency and organizational
effectiveness.
• ✔ Departments can create customized evaluation plans with Commission consultation.
• ✔ Performance evaluations inform employees periodically, influencing personnel actions
only under approved plans.

SECTION 34. Responsibility for Training

• ✔ The Commission is responsible for coordinating personnel development for first and
second-level government personnel.
• ✔ Centralized training conducted by staff agencies and institutes.
 • ✔ Functional responsibilities assigned to avoid duplication, encouraging executive
development in institutions.
• ✔ Departments and agencies, in coordination with the Commission, establish systematic
plans for personnel training at all levels.

SECTION 35. Employee Suggestions and Incentive Award System

• ✔ Establishment of a government-wide system for employee suggestions and incentive

awards.
• ✔ Administered under Commission-promulgated rules.
• ✔ Recognition, including necessary expenses, for employees contributing to efficiency,
economy, or improvement of government operations.

SECTION 36. Personnel Relations

• ✔ Commission's concern is to provide leadership and assistance in developing employee

relations programs.
• ✔ Every Secretary or head of agency urged to create an atmosphere conducive to positive
supervisor-employee relations and improved employee morale.

SECTION 37. Complaints and Grievances

• ✔ Employees have the right to present complaints or grievances for adjudication.

• ✔ Resolution at the lowest possible level, with the right to appeal to higher authorities.
• ✔ Departments and agencies establish rules for fair complaint resolution in accordance with

Commission policies.

• ✔ Unresolved disputes may be referred to the Public Sector Labor Management Council for

appropriate action.

IV. SYNTHESIS/GENERALIZATION

1. The focus is on fostering individual and organizational improvement.

2. Ensuring standardized training.
3. Recognizing contributions.
4. Promoting positive employee relations.
5. Establishing fair mechanisms for addressing complaints and grievances at various levels.
6. The overarching goal is to enhance efficiency, effectiveness, and morale within government
agencies.

In conclusion Sections 33 to 37 of our governing framework, a comprehensive tapestry emerges,

outlining a strategic roadmap for the enhancement of our government's operational. The commitment
to an effective Performance Evaluation System reflects a dedication to individual growth and
organizational efficiency. The empowerment of departments to tailor evaluation plans underscores a
approach to diverse roles, with a safeguard ensuring that personnel actions align strictly with
approved plans. Moving to Responsibility for Training, the Commission takes a pivotal role in
orchestrating a harmonized personnel development program. Collaboration with central staff
agencies, institutes, and local entities ensures a synchronized effort, avoiding redundancy. The
assignment of functional responsibilities amplifies the inclusivity of training, encouraging not only
centralized initiatives but also executive development programs at educational institutions and local
government levels. Section 35 introduces a pivotal component the establishment of a Government-
Wide Employee Suggestions and Incentive A wards System. This demonstrates a commitment to
acknowledging and rewarding outstanding contributions, promoting a culture of innovation and
efficiency. The authorization for necessary expenses reflects the significance attributed to
recognizing employees whose suggestions and efforts contribute to the broader interests of
government operations. Personnel Relations (Section 36) unveils a proactive stance by the
Commission in fostering a positive work environment. Simultaneously, the directive for department
heads to cultivate good supervisor-employee relations underscores the recognition that a harmonious
workplace is integral to sustained organizational success. Lastly, Section 37 emphasizes a robust
mechanism for addressing Complaints and Grievances, ensuring expeditious and fair resolution at
the lowest level possible. The provision for appeals to higher authorities and referral to the Public
Sector Labor Management Council as a last resort highlights the commitment to fairness and equity
in dispute resolution. In summation, these sections collectively construct a regulatory framework that
not only establishes critical systems but also instills a culture of continuous improvement, employee
recognition, and efficient conflict resolution within our government apparatus. This multifaceted
approach reflects a commitment to excellence, transparency, and the overall advancement of our
public service.

References

Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 5-Personnel Policies and Standards]
| Official Gazette of the Republic of the Philippines. (n.d.). Retrieved November 3, 2023, from
https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-vtitle- isubtitle-
achapter-5-personnel-policies-and-standards/?fbclid=IwAR2-
yHXK69oL2O2sarwKNVLo8_zJESL3JsxNDvTRPkePFSmUrpq17029fhI

P.D. No. 807. (n.d.). Retrieved November 3, 2023, from

https://lawphil.net/statutes/presdecs/pd1975/pd_807_1975.html?fbclid=IwAR3Tn2utzJfFehBMZ
PcxRISUt550z8u7L64whUKj0Wbh_ZYtFZKMKVNpFjE

10
EXECUTIVE ORDER NO. 292
Chapter 6: Right to Self-Organization
RATIONALE

In the section 38 the rationale of this provision is to guarantee that all Filipino workers have the
freedom to create or join labor unions or other workers' associations for their protection and
assistance in times of need. Both lower-level workers and supervisors are included in the
comprehensive coverage. The law acknowledges that all workers have a legitimate interest in
upholding their rights to a fair wage and working conditions by including both supervisory and rank-
and-file employees. While in the section 39, this provision is to maintain a distinct line between
managerial and non-managerial workers, preventing certain managerial workers from having an
excessive amount of influence or control over the organizations of rank-and-file workers the reason
of this is Conflict of Interest: High-level managerial staff frequently have a lot of decision-making
power at work, which could create conflicts of interest if they are permitted to join rank-and-file
labor unions.In the section 40 the rationale of this provision every government employee or even not
a government employee have a freedom to do what they want without any discrimination. While in
section 41 the rationale of this provisions it is important to register in CSC and DOLE when the
employee of government were planning to build an organization.

LEARNING OBJECTIVE

l Understanding The Right To Self-Organization

l Identify the key provision of section 38.
l Comprehend the restriction and limitations.
l Define High -Level Managerial and Supervisory Employees
l It aims to discuss the Section 40 Protection of the Rights in Organization
l It aims to discuss the Section 41 Registration of Employees Organizations

CONTENT

The right to self-organization - includes the right to form, join or assist labor organizations for
the purpose of collective bargaining through representatives of their own choosing and to engage in
lawful concerted activities for the same purpose for their mutual aid and protection.

SECTION 38. Coverage. —

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. They can also form, in conjunction with appropriate
government authorities, labor-management committees, work councils and other forms of workers’
participation schemes to achieve the same objectives.

(2) The provisions of this Chapter shall not apply to the members of the Armed Forces of the
Philippines, including police officers, policemen, firemen and jail guards.

l Collective bargaining is a process where the parties agree to fix and administer terms and
conditions of employment which must not be below the minimum standards fixed by law, and
set a mechanism for resolving their grievances.

SECTION 39. Ineligibility of High-Level Employees to Join Rank-and-File Employees’

Organization

.—High-level employees whose functions are normally considered as policy-making or managerial

or whose duties are of highly confidential nature shall not be eligible to join the organization of rank-
and-file government employees.
l The Labor Code prohibits managerial employees and confidential employees to join, form, or
assist labor organizations. The rationale of this prohibition is that the nature of their work
requires them to be privy to sensitive and confidential records.

l Rank-and-file employees are those who do not occupy high-level positions in a company.
They are entitled to most, if not all, of the mandatory employee benefits provided by the Labor
Code, from night shift differential and overtime pay to work leaves and organization of labor
unions. this is the people in the army, navy, air force, policemen and etc.

l “Managerial Employee” Supervisory employees have the right to unionize, but managers are
not allowed to. Managerial staff are not allowed to join, support, or create any labor
organizations.

l “Supervisory Employees"- refer to "those who, in the interest of the employer, effectively
recommend such managerial actions" when exercising authority that demands the application of
judgment and is not purely routine or clerical in character.

SECTION 40. Protection of the Right to Organize.

Government employees shall not be discriminated against in respect of their employment by reason
of their membership in employees’ organizations or participation in the normal activities of their
organizations. Their employment shall not be subject to the condition that they shall not join or shall
relinquish their membership in the employees’ organizations.

(2) Government authorities shall not interfere in the establishment, functioning or administration of
government employees’ organizations through acts designed to place such organizations under the
control of government authority.

l Protection of the Rights to Organize every government employee has the rights to join or to build
an organization without any discrimination. Government should freely join in any group or
participate in any organization. Then, in government, they are not allowed to create their own
organization.\\

SECTION 41. Registration of Employees’ Organization.

Government employees’ organizations shall register with the Civil Service Commission and the
Department of Labor and Employment. The application shall be filed with the Bureau of Labor
Relations of the Department which shall process the same in accordance with the provisions of the
Labor Code of the Philippines. Applications may also be filed with the Regional Offices of the
Department of Labor and Employment which shall immediately transmit the said applications to the
Bureau of Labor Relations within three (3) days from receipt thereof.

l The Registration of Employees Organization executive order no 180 of June 1,1989 it is

important to register in CSC and DOLE when the employee of government were planning to
build an organization. The importance of these is the effect of registration. Through this the labor
 union or workers association shall be deemed registered and vested with legal personality on the
date of issuance of its certificate of registration or certificate of created of charted local

KEY TAKEAWAYS

For Relos,

A fundamental labor right, the ability of employees to self-organize, is probably covered by Section
38. This privilege normally entitles workers to create or join unions, participate in collective
bargaining, and take other cooperative action to safeguard their rights at work. employers are
typically prohibited from interfering with, restraining, or coercing employees in the exercise of their
right to self-organize.

Protection of the Right: Employees have the right to organize themselves into labor unions or
associations to collectively negotiate with their employers for better working conditions, wages, and
benefits. Rights of Employers: Employers also have rights, such as the right to express their views
on labor matters, a right to refuse to engage in discriminatory hiring practices, and a right to withhold.

In Section 39 addresses limitations on high-level administrative personnel participating in certain

labor activities or organizations alongside rank-and-file workers. High-Level Managerial
Ineligibility: Depending on the legal framework in existence, high-level managers, executives, or
individuals with significant decision-making authority may not be permitted to join or take part in
rank-and-file employee organizations, including labor unions.Reason for the Restriction: This
restriction may be in place to protect high-level managers' attention on their managerial
responsibilities, to avoid conflicts of interest, or to establish a clear division between management
and non-management levels within the business.There may be exceptions or subtleties in the rules,
such in circumstances in which senior management may be permitted to participate in rank

For Raniel,

Section 40 of the labor laws allows employees to form and join unions for collective bargaining
purposes. It defines the right to self-organization as the freedom to associate, form, and join
organizations or unions of their choosing. Employers are protected from interference, discrimination,
or coercion in exercising this right. The section also outlines the procedures for forming, registering,
and operating organizations or unions, as well as the activities of organizations or unions. It also
emphasizes non-discrimination and protection against retaliation. The section also affirms the
freedom of association for employees to associate with individuals outside their workplace.
Employers are obliged to respect and facilitate the exercise of this right. Remedies and enforcement
mechanisms are established for violations.

Section 41, Registration of Employees Organization, outlines the registration requirement for
employees within an organization. It outlines the specific information needed to be recorded, such
as personal details, contact information, employment history, educational qualifications, and
certifications. The registration process includes instructions on filling out forms, obtaining necessary
documents, and the designated department. The time frame for registration is specified to ensure
accurate records. Employee responsibilities are also outlined, including providing accurate
information and updating details. Confidentiality and data protection are ensured, and record-keeping
is required. Fees or charges associated with the registration process are also specified. Revocation or
termination of registration is also discussed. The specific details may vary depending on the
applicable laws and regulations.

CONCLUSION

Relos,

These parts of the Philippine Labor Code recognize and defend every employee's freedom to self-
organize and create labor unions, whether they serve in managerial or non-managerial capacities. To
prevent potential conflicts of interest, they also set a boundary by excluding high-level managerial
staff from joining rank and file unions. Together, these clauses support equitable and just working
conditions for all workers and strengthen the legal foundation for labor organization and relations in
the Philippines.

Paguio,

To sum up, Section 40, Right to Self-Organization, acknowledges and defends workers' inalienable
right to organize and become members of unions or other groups for the purpose of collective
bargaining. It preserves workers' rights to form unions, engage in collective bargaining, and represent
their interests as a group. This clause forbids employers or other third parties from interfering with
an employee's exercise of their rights through discrimination or pressure. It highlights the
responsibilities of the employer to respect and enable the use of the right to self-organization, and it
sets the processes for creating and registering organizations or unions. It also describes the kinds of
activities that these groups may engage in. In addition, it guarantees that workers have access to
justice and are shielded from reprisals by offering remedies and enforcement procedures for
violations of these rights. In general, Section 40 to works to protect and advance

REFERENCES

l laborlaw.ph/right-to-self-organization

l https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-vtitle-isubtitle-
achapter-6-right-to-self-organization/

11
Chapter 6: Right to Self-Organization
Section 42-45
RATIONALE

The right to self-organization allows employees to form and join union groups. Unions are
organizations that formed by workers to protect their rights and welfare. It became a global trend,
and in the Philippines, there are over 80,377 unions, 61,186 worker associations, 12 registered labor
centers, and 136 federations, as reported in June 2018 by the Bureau of Labor and Relations but
this number is lower compared to the number of Filipinos working. Since it is employees right to
self-organization, it is also their right not to exercise the said right. It is there right to choose whether
to join or form a union or workers association.

It is the policy of the state to promote free and responsible exercise of the right to self- organization.
The Chapter 6: Right to Self-Organization provide a comprehensive discussion on how employees
can form or join employee’s organization without discrimination in the workplace, who are the
eligible and ineligible to join and government authorities should not interfere with them. All
employees from commercial, industrial, and government owned or controlled corporation
employees without the original charter, educational institution and more have the right to self-
organization and to form or join a union however supervisory or managerial employees whose
function include of planning, organizing, controlling, and coordinating are not eligible in joining
unions.

In the continuous growth and emergence of unions in the Philippines, this study pursued to provide
a deeper explanation of Book V—office of the president; Title I—Constitutional Commissions;
Subtitle A—Civil Service Commission; Chapter 6: Right to Self-Organization Section 42, up to
Section 45 of Executive Order No. 292, best known as the Administrative Code of 1987.
Additionally, it aims to identify the significance of these sections in recognizing the right to self-
organization. To shed light on the importance of practicing the right of employees to self-
organization.

LEARNING OBJECTIVES
At the end of this discussion, learners will have the ability to:
· Recognize, define, and provide a comprehensive understanding on the important of
acquiring certificate a of registration for an organizational unit.
· Construct an appropriate employee’s organizational unit.
· Understand the designation process of the sole and exclusive employees’ representative.
· Explain the composition of the public sector labor-management council.
CONTENT
Every employee has a right to self-organization; this includes forming a union, joining a labor group
for the purpose of collective bargaining, and engaging in a lawful collaborative activity through
their chosen representative for the motive of protecting the employee's welfare and providing a
mutual benefit. Employees who joined the labor group should not feel any form of discrimination
or prejudice within their workplace.
In the concept of legal basis, the 1987 Constitution states, “The state shall afford full protection to
labor, local and overseas, organized, and unorganized, and promote full and equal employment
opportunities for everybody. It shall also guarantee the right of the employees to self- organization,
collective bargaining, and negotiations, including the right to strike in accordance with the law”
(Section 3 of Article XIII, 1987 Constitution).
Moreover, the Philippines is a member of the International Labor Organization, which aims to
ensure accessible, productive, and sustainable work in conditions of freedom, equity, security, and
dignity for its employees. It recognizes and protects the right of the employees to collective
bargaining. It is the responsibility of the Philippines to comply with ILO Convention No. 87 of the
International Labor Organization.
The majority of government institutions in the world, not just in the Philippines, recognize and
acknowledge the right of employees to self-organization. The content of this paper will focus on
sections 42–45 of Book V/Title I/Subtitle A/Chapter 6: Right to Self-Organization under Executive
Order No. 292 or Administrative Code of 1987.

SECTION 42. Certificate of Registration

The certificate of registration is a document that serves as a proof of authenticity and is the legal
right of the employee's organization.

Upon the approval of the application of the employees’ organization, a certificate of registration
shall be issued to the organization as a recognition of its legitimacy as an employees’ organization
with the right to represent its members and manage activities that will further protect and defend
the interests and welfare of the employees. Additionally, the Chairman of the Civil Service
Commission and the Secretary of Labor and Employment shall jointly approve the certificates of
recognition.

In testimony to the authenticity of the certificate of registration, the signatures of the chairperson of
the Civil Service Commission and secretary of the Department of Labor and Employment affixed
along with the seals of both departments and the date of its approval.

There are also cases where the certificate of registration of an employee's organization dismissed
or there are grounds for cancellation. For instance, in the case of Coca-Cola FEMSA Philippines,
Inc., when filing a petition for the cancellation of the certificate of registration of the Central Luzon
Regional Sales Executive Union of Coca-Cola San Fernando (FDO) Plant, the respondent argued
that the union members are comprised of managers who are ineligible to join, assist, or form any
labor organization. The Department of Labor and Employment Regional Office and Bureau of
Labor Relations denied the petition. The Coca-Cola Company then failed to file a motion of
consideration and to prove the existence of any grounds under Article 239 (now numbered as Article
247) of the Labor Code of the Philippines. The Court of Appeals ruled that Coca-Cola’s petition
failed on both procedural and substantive grounds.

Article 238 of the Labor Code of the Philippines states that “cancellation of registration of any
legitimate employees’ organization, whether national or local, shall be cancelled by the Bureau if it
has reason to believe, after due hearing, that the said organization no longer meets one or more of
the requirements herein prescribed." Article 239 provides the grounds for the cancellation of an
employee's organization registration. This ground includes a) Misinterpretation, false statement, or
fraud in connection with the adoption or ratification of the constitution and by-laws; b)
Misrepresentation, false statements, or fraud in connection with the election of officers, minutes of
the election of officer, the list of voters; c) Acting as a labor contractor; d) Entering into collective
bargaining agreements which provide terms and conditions of employment below minimum
standards established by law; e) Asking for or accepting attorney’s fees or negotiation fees from
employers; f) checking off special assessments or any other fees without duly signed individual
written authorizations of the members; g) Failure to submit list of individual members to the Bureau;
h) Failure to comply with requirements under Articles 237 and 238. Art. 240. For the first and
second grounds, the employee’s organization has 30 days to provide all the requirements needed.
Failure to comply within the given time may use as a ground for cancellation.

Forming a union undergone into series of steps. And one of the major steps needed is filling out the
form and preparing all the documents needed, like the financial report, name of the employees’
organization, list of members, and more. But the most important of all to recognize an employee's
organization is the acquisition of the certificate of registration. Registration of an employee's
organization is not a piece of cake since, after receiving the certificate or registration, it will not end
here. The employee's organization has the responsibility to follow the laws, which include reporting
about the status of the organization to the Public Sector Labor-Management Council.

SECTION 43. Appropriate Organizational Unit

An organizational unit is a delegation of employees towards achieving the goals. It outlines the
roles and responsibilities of the employees within the organization. The higher the position of the
employee, the more authority, accountability, and responsibility it has. Organizational units also
refer to identifiable government units such as constitutional bodies, which include the

executive department, legislative, and judiciary; they also include staff and attached agencies.
Additionally, the regional offices are composed of provincial, district, and municipal local officers.
The public sector labor-management council shall consider this unit.

Furthermore, organizational units represent the structural association or group of people in the
context of the organization. An organization unit may represent by a traditional and hierarchical
entities such as a department, team, or division.

In Book V—Office of the President; Title I—Constitutional Commissions; Subtitle A— Civil

Service Commission; Chapter 6: Right to Self-Organization, Section 43 states that an appropriate
unit shall be the employer’s unit consisting of rank-and-file employees unless circumstances
otherwise require. The rank-and-file employees are those who do not occupy a higher position
within the organization. An employee whose functions are neither managerial nor supervisory in
nature is an employee whose function in the organization does not involve or revolve around
organizing, planning, leading, and controlling. Examples of rank-and-file employees are bank
tellers, customer service representatives, and other lower-level employees who perform day-to-day
tasks and are non-managerial. Since the law prohibits higher-level employees from joining a rank-
and-file employees’ organization, The Supreme Court held that if supervisory employees join a
union or employees’ organization for rank-and-file employees, they automatically removed from
the list of members of the union.

Having an appropriate organizational unit in the employees’ organization will determine who are
the responsible individuals representing the members of the organization. This is what we called
the sole and exclusive employees’ representatives.

Section 44. Sole and Exclusive Employees’ Representative

In choosing and designating the sole and exclusive representative employees in the employees’
organization, the duly registered employees’ organization that has the support of most of the
employees in the appropriate organizational unit shall be chosen.

A duly registered employees’ organization shall grant voluntarily upon showing that no other
employees’ organization is registered or seeking registration based on the record of the Bureau of
Labor and Relations, and it should have the majority support of the rank-and-file employees in the
organization.
If there are two or more existing or duly registered employees’ organizations in the appropriate
organizational unit, then the Bureau of Labor and Relations shall conduct a certification election.
The certification election or consent election will determine through the secret ballot the sole and
exclusive representative of the rank-and-file employees in the organizational unit. The certification
election is ordered by the department, while a consent election is done voluntarily based on the
agreement of the parties involved, with or without the intervention of the department.

There are also cases where a “run-off election” happened in the selection of the sole and exclusive
employees’ representative. A run-off election, also called a "two-round system,” occurs when there
are three or more available options and no candidate receives the majority of the valid vote cast,
provided that the total number of votes for all contending unions is at least fifty percent (50%) of
the total number of voters. Under this system, the two parties that received the highest vote are the
only ones eligible for the second round. And the winner of this election will be proclaimed and
recognized as the sole and exclusive employees’ representative.

Section 45. The Public Sector Labor-Management Council

A Public Sector Labor-Management Council is composed of the following: the Chairman of the
Civil Service Commission, who will serve as Chairman; the Secretary of Labor and Employment
as Vice Chairman; and the Secretary of Finance, Secretary of Justice, and Secretary of Budget and
Management as members of the council.

The chairman will be the head of the Public Sector Labor-Management Council, and this shall be
the chairman of the Civil Service Commission. The secretary of labor and employment will serve
as a vice chairman; its function is to represent the chairman in case of absence. The Secretary of
Justice will serve as the hearing officer, who will be responsible for hearing and receiving evidence
in cases falling within the jurisdiction of the council. Additionally, the secretary of finance and the
secretary of budget and management should be responsible for the audit and examination of the
books of accounts, including all funds, assets, liabilities, and other accountabilities of a registered
employee organization.

The Public Sector Labor-Management Council shall implement and administer the provisions of
this chapter by promulgating the necessary rules and regulations to implement the chapter.

Always remember that the right to self-management is not only limited to joining or forming a
union of employees; it also includes joining or forming associations for the mutual benefit and
protection of the employees. and for other legitimate purposes.

SYNTHESIS/GENERALIZATION
1. The Certificate of Registration will be the basis for the legitimacy and authenticity of every
employee’s organization. That is why it is important that they follow and adhere to the right process
of registration.
2. The appropriate organization shall consist of only rank-and-file employees.
3. The sole and exclusive employee representative shall be chosen wisely since it will be the
representative of the member of the employee’s organization with regards to negotiations and
concerning matters.

4. The Public Sector Labor-Management Council is responsible for the implementation of the
rules and regulations of this constitution. It is essential to ensure that every member performs their
functions effectively and efficiently.
5. The right to self-organization is not limited to joining or forming a union.

REFERENCES

Amante, M. (2019). Philippines Unionism-Worker Voice, Representation, and Pluralism in

Industrial Relation.
https://www.ide.go.jp/library/Japanese/Publish/Reports/InterimReport/2018/pdf/2018_2_
40_009_ch04.pdf

Amslaw. (n.d.). Labor Code of The Philippines. https://amslaw.ph/philippine-laws/labor- law/labor-

code-law-of-the-philippines-(6)#:~:text=%2C%201986)%20Art.-
,238.,of%20the%20requirements%20herein%20prescribed.

Civil Service Commission. (2003). Amended Rules and Regulations Governing the Exercise of
the Right of Government Employees to Organize.
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/98925/117871/F- 576569000/PHL3709.pdf

Department of Labor and Employment. (2008). Amending the Implementing Rules of Book V of
the Labor Code of the Philippines.
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/64990/117859/F1331837401/PHL64 990.pdf

Labor Law PH. (2022). Right to Self-Organization. https://laborlaw.ph/right-to-self-

organization/10931/

Official Gazette. (1987). Executive Order No. 292[Book V/Title I/Subtitle A/Chapter 6-Right to
Self-Organization]. https://www.officialgazette.gov.ph/1987/07/25/executive-order-no- 292-book-
vtitle-isubtitle-achapter-6-right-to-self-organization/

The LawPhil Project. (2020). G.R. No. 233300.

https://lawphil.net/judjuris/juri2020/sep2020/gr_233300_2020.html

12
Executive Order 292-Chapter 7:
Discipline- Section 46-48
 RATIONALE
Government employees ought to be exemplary citizens. Given their responsibility is to serve
the populace and the nation. Each of them has to carry out their responsibilities with the highest level
of accountability, loyalty, integrity, and competence. They also have to put the public’s interests
ahead of their own. Maintaining proper discipline when performing official tasks is simply one of a
civil service employee’s fundamental duties.
Inspections of personnel actions by all local government unit, departments, agencies, bureaus,
and other offices are conducted by the Civil Service Commission in order to keep an eye on their
behavior, avoid power abuse, and impose restrictions on their actions. Since the Civil Service
Commission is unable to supervise every employee on its own, it has given various heads of agencies,
departments, bureaus, and local government units the authority to monitor and investigate into any
administrative cases involving personnel that fall within their jurisdiction.
An organization will inevitably have irresponsible workers, so this study aims to give a
comprehensive discussion of Chapter 7: Discipline of Executive Order 292—also known as the
Administrative Code of 1987—under Sections 46: Discipline: General Provisions; Section 47:
Disciplinary Jurisdiction; and Section 48: Procedure in Administrative Cases Against
NonPresidential Appointees. It will provide you a general idea of the kinds of behaviors that
government workers can face disciplinary action for. Additionally, it clarifies who is in charge of
looking into complaints or cases to discover the truth as well as what penalties should be applied to
anyone who violates civil service laws. Students studying public administration will find this topic
to be informative regarding the value of maintaining discipline in the workplace.

LEARNING OBJECTIVES
At the end of this comprehensive discussion, the readers will achieve the following objectives:
• Recognize and determine the actions of civil service employees that grounds for disciplinary
actions.
• Identify the role of Civil Service Commission, head of agencies, department, bureaus, local
government unit, and other offices in terms of giving disciplinary actions to civil service employees
who violates rules and regulations under their jurisdiction.
•Understand the process of administrative proceedings against non-presidential appointees.
• Describe the significance of enforcing preventive suspension on respondents.

CONTENT
Section 46: Discipline: General Provisions
This topic will focus on discipline and the various types of grounds for disciplinary actions in
the organization. It will discuss each of the disciplinary actions, which may help the reader to
understand on how the disciplinary works in the organization.
No government employee in the civil service may be suspended, fired, or otherwise subjected
to disciplinary actions in their place of employment without following the legal procedures,
conducting an appropriate investigation, or as required by law. If a government employee is found
guilty, punishment will only come after administrative proceedings. There is one penalty equal to
each case in terms of punishment. For violating civil service laws and regulations, government
officials may face disciplinary actions such as reprimand, demotion in rank, removal from office, or
fine up to six months' salary.
DEFINITION OF DISCIPLINE
The method of educating people to follow rules or a behavioral code by employing punishment
to address disobedience is known as discipline. Discipline is not only necessary in the workplace;
we utilize it in our daily lives as well. It is also important in the workplace to have disciplined
employees. That is why every organization employs disciplinarians to enforce, alter, and establish
policies. Discipline must exist or be practiced in order for an organization to be organized;
nevertheless, if employees fail to practice discipline, it may result in disciplinary proceedings or
dismissal, such as;
1. Dishonesty
has been described as a behavior type that implies unreliability and a lack of integrity, an inclination
for dishonesty, fraud, deceive.

1. Serious dishonesty – in which it is punishable by dismissal in the service.

2. Less serious dishonesty
- 1st offense – suspension from 6 months to 1 year
- 2nd offense – dismissal from the service

2. Oppression
It is an abuse of power in executing a task or an official function for personal gain that occurs
when an individual surpasses their authority to act against permitted obligations, causing harm or
loss to the state, organizations, or citizens. Although theorists have proposed various definitions and
dimensions of oppression, Marsiglia and Kulis (2009) have noted that two basic elements are
required for oppression to exist: 'a group that is being oppressed and an oppressor who benefits from
such oppression''. In order for one group to oppress another, there must be a disparity in power
between the two, resulting in inequality and injustice.

3. Neglect of duty
It refers to an employee's failure to perform properly or neglect of duty is willful and
misconduct if he or she fails to perform intentionally, knowingly, or deliberately, or performs
severely careless, or consistently acts carelessly following warning or reprimand and shows a
significant disregard for the interests of the employer.
For example, in an organization, some employees are sleeping during the workday; if the
high-level positions catch them, they will fire the employees because employees cannot sleep while
they are in the organization.

4. Misconduct
It refers to behavior that is inconsistent with employee obligations or duties, a violation of
company policy or procedure, or inappropriate behavior in general. Employees in an organization
are prone to absenteeism, tardiness, and foul language, which causes harm to the company. When an
employee refuses to follow workplace policies or procedures, engages in offensive behavior that
violates the law, intentionally damages company assets, or causes harm to their workplace.

5. Disgraceful and immoral conduct

It refers to the action that transgresses the fundamental standards of morality, decency, and decorum
is detested and condemned by the society.

6. Being notoriously undesirable

This offense is mostly predicated on an employee's reputation as being challenging to deal
with because of their unpleasant demeanor and/or recurrent violations of workplace policies. The
entirety of his behavior while in office, rather than being responsible for the specific offenses, is the
emphasis of this charge.

7. Discourtesy in the course of official duties

A first act of discourtesy, which is a minor offense, in the course of one's official duties is
punishable by reprimand under Rule XIV, Section 23 of the Civil Service Law and Rules.

8. Inefficiency in the course of the official duties

As grounds for dismissal, incompetence or inefficiency is understood to entail failing to meet
work objectives or quotas, either by failing to finish them in the permitted reasonable time frame or
by generating poor results. Unless otherwise specified in the decision, the consequences of being
fired from the government service include the loss of eligibility, forfeiture of retirement benefits, and
perpetual disqualification from being hired back into the government service.

9. Receiving for personal Use of a fee, gift or other valuable thing in the course of official duties
The government has declared that accepting gifts from other people is against the law since
it can be considered as a form of bribe.

10. Conviction of a crime involving moral turpitude

A criminal or offensive act that is filthy and/or insulting to one's moral compass is referred to as a
crime involving moral turpitude (CIMT). A crime that disdains and opposes societal norms is
referred to as having moral turpitude. In moral terms, unacceptable crimes are typically committed
with malice aforethought. They defy social norms to the extent that the crime itself is viewed as
startling and repulsive.

11. Improper or unauthorized solicitation of contributions from subordinate employees and by

teachers or school officials from school children
No officers or teachers are permitted to take money from children for personal gain without the
consent of a higher-ranking authority; if the parents of the students file a complaint, the teacher may
be subject to disciplinary action or even be fired.

12. Violation of existing civil service law and rules or reasonable office regulations
The offense of Violation of Reasonable Office Rules and Regulations, which is punishable with
reprimand on the first offense, suspension for one (1) to thirty (30) days on the second offense, and
dismissal on the third offense, refers to violations of rules issued by heads of offices.

13. Falsification of official document refers to the misrepresentation of an item, fact, or

circumstance as well as the certification of an item's falsity. Whether or not an action caused harm
to someone else has no bearing on whether it is punishable when it comes to a public document. This
is because the regulations pertaining to the falsification of private documents differ from those
governing public documents. Offenders who are employed by the government, notaries,
ecclesiastical authorities, or public officials face sentences ranging from six (6) years and one day to
twelve (12) years in prison. In addition to the fine stipulated by law, the offender also faces additional
penalties.

14. Frequent unauthorized absences or tardiness

Public servants and officers are required by the constitution to always answer the people.
However, some government workers do not adhere to the established office hours and do not
accurately record their daily attendance. Public service is also affected by unapproved absences,
tardiness, and slacking off during regular business hours.

15. Habitual Drunkenness

Someone who consistently and regularly turns into drunkenly as a result of overindulging in
drunken alcohol in order to form a dependable habit and an uncontrollably inclined to get drunk more
often when the temptation arises, despite the fact that he stays sober for periods of days or even
weeks. However, if a worker's alcohol consumption negatively impacts their behavior or
performance on the job, their employer has the right to discipline, fire, or refuse to offer them a job.

16. Gambling prohibited by law

Before participating in any gambling activities, employees must obtain the human resource
(HR) department's approval. If this policy is violated, there could be disciplinary action taken, which
could even include losing your job.

17. Refusal to perform official duties

Without affecting the possibility of any disciplinary or administrative action being taken,
anybody who suffers material or moral harm as a result of a public servant or employee failing to
carry out their official duties without reason may bring a lawsuit against them for damages and other
remedies. As per Bocobo, Article 27 of the Philippine Civil Code aims to address the bribery culture
in which public officials or employees, using fictitious excuses, refuse to do their duties unless they
receive bribe money.

18. Disgraceful, immoral or dishonest conduct prior to entering the service

It is punishable by dismissal for the second offense and suspension from service for a term
ranging from one (1) day to one (1) year for the first offense.

19. Physical or mental incapacity or disability due to immoral or vicious habits

Employees who use drugs are not allowed to work because they may commit crimes within the
company, and if they are discovered using drugs, their employment may be terminated. It could result
in an accident involving other workers. For this reason, the company initially requires employees to
undergo medical examinations to determine whether or not they are using drugs.

20. Borrowing money by superior officers from subordinates or lending by subordinates to

superior officers
A high-ranking employee is prohibited from lending money to a subordinate employee because,
might the high-ranking employee use their authority to do so, the subordinate employee may not be
able to refuse getting money from their superiors.

21. Lending money at usurious rates of interest

Lending money at an interest rate that is higher than what is legally allowed or that is deemed
unreasonable.

22. Willful failure to pay just debts or failure to pay taxes due to the government
A reprimand for the first offense, a suspension of one (1) to thirty (30) days for the second
offense, and dismissal for the third offense are stipulated in the same rule that categorizes the
deliberate nonpayment of only debts as a moderate violation. Since the respondent appears to be
making this mistake for the first time, the reprimand is appropriate. Emphasis must be placed on the
fact that the respondent's actions unbecoming of a public official are the target of the legal penalty,
not her personal life.

23. Contracting loans of money or other property from persons with whom the office of the
employee concerned has business relations
Serious infractions of insubordination include persistently failing to pay debts and disobeying
court orders, as well as accepting loans of cash or other assets from people with whom the employee's
office does business. The latter carries a penalty of being fired from the organization.

24. Pursuit of private business, vocation or profession without the permission required by civil
service rules and regulations
No officer or employee may, absent formal authorization from the head of the agency, engage
directly or indirectly in any private company or profession unless otherwise permitted by law.

25. Insubordination
When a worker deliberately chooses not to follow a lawful and reasonable order from their
employer, it's known as insubordination in the workplace. A supervisor's respect and managerial
skills would be compromised by such a rejection, which is why it is frequently the basis for
disciplinary action, which can even include termination.
26. Engaging directly or indirectly in partisan political activities by one holding a nonpolitical
office
Any civil service office or employee, with the exception of those holding political office, as well as
any officer, employee, unit, and future paramilitary organization that participates in partisan political
activity or directly or indirectly meddles in an election campaign, preserves for voting or maintaining
public order if they are peace officers, shall be guilty of an election offense.

27. Conduct prejudicial to the best interest of the service

An extremely wrongdoing that lacks discretion, wisdom, and judgment and tends to erode
public trust in the government. It is not required to have anything to do with carrying out a duty.

28. Lobbying for personal interest or gain in legislative halls or offices without authority
Employees are not permitted to standby in the lobby or hallways while other employees are working
during office hours because it is improper to do so without authorization from a higher-ranking
employee.

29. Promoting the sale of tickets on behalf of private enterprises that are not intended for
charitable or public welfare purposes
Employees are not allowed to sell tickets unless they have permission from the Department.
According to the Revised Rules on Administrative Cases in the Civil Service (Rule 10, Sec. 46):
"promoting the sale of tickets on behalf of private enterprises that are not intended for charitable or
public welfare purposes, and even in the latter cases, if there is no prior authority"— noncompliance
will subject the employee to "light offenses."

30. Nepotism
It refers to the practice of powerful people unfairly giving their family members preferential
treatment at work. A few instances of this preferential treatment could be offering the person in
question a job, expanding their opportunities within the organization, or raising their salary or
benefits.

Section 47: Disciplinary Jurisdiction

 This section further explains the authority of Civil Service Commission, head of agencies,
departments, bureaus, local government unit, and other offices to oversee and monitor the actions of
personnel under their jurisdiction.
The Civil Service Commission has the authority or jurisdiction to decide what sanctions to
impose on a government employee who exercises unlawful and undesirable actions or neglects
accountability. Those who violate the civil service law may receive a penalty of suspension for more
than thirty days or a fine in an amount exceeding thirty days’ salary, demotion in rank, salary, or
transfer, removal or dismissal from the office. If there is a certain case where a government worker
and a private citizen are involved in a problem that needs disciplinary action, the private citizen may
directly file a complaint with the Commission against the government employee to hear, investigate,
and decide the sanction. In addition, the Commission may assign any department or agency to
conduct an investigation to make the process just, fair, and rational. With that, the result of the
investigation, together with the recommendation of a penalty to be imposed, will be submitted to the
Commission.

Investigation and decisions on disciplinary action against officials and employees under their
supervision may also be made by secretaries/ heads of agencies, instrumentalities, provinces, cities,
and municipalities. If a fine not to exceed thirty days' salary or a suspension of no more than thirty
days is the consequence or disciplinary action taken, the judgment is final. Nonetheless, the office
head's judgment can be challenged in court or appealed, and the Commission's decision can be
reviewed. The department may hear the appeal first, followed by the Commission. On the other
hand, the decision must only be carried out with the Secretary's approval if the disciplinary action
entails removal or dismissal from the position. Moreover, Regional directors or similar officials are
also entrusted to execute an investigation and shall make the necessary report and recommendation
to the chief of bureau.
The period suspension will be deemed preventive suspension if the respondent prevails in an
appeal. The defendant is subject to a disciplinary action since there is an ongoing investigation into
their case; thus, they have not been found guilty yet. In light of this, the responder will be eligible
for back pay for the period of the suspension if the investigation concludes that he or she is innocent.
However, the period of suspension shall be considered part of the final penalty of suspension or
dismissal if the respondent loses the appeal. Preventive suspension pending investigation is not
totally a punishment, it is merely a way to give the discipline authority the freedom to carry out an
impartial investigation without impediment. For instance, the respondent in a case must be given a
preventive suspension while the matter is being investigated to keep them from running with the
complaint, even while the suspect is being held in jail despite not having been found guilty.
One of the real-life instances of government personnel acting inappropriately against private
citizens is the Quezon City Road Rage episode. This is when Allan Bandiola was riding his bicycle
in the bicycle lane near Welcome Rotonda in Doña Josefa, Quezon City, when Wilfredo Gonzales,
a former Philippine National Police (PNP) officer, cut him off and pointed a gun at him. Due to the
former government employee's acts, the Commission authorized the Land Transportation Office to
cancel his driver's license for a period of two years and to take away his pension and benefits.
Gonzales' name has been appended to the extensive roster of state agents who have misused their
authority rather than putting it to good use and safeguarding the Filipino people.

Section 48: Procedure in Administrative Cases Against Non-Presidential Appointees.

The Secretary, the head of an office of equivalent rank, the head of local government, the heads
of agencies, the regional directors, or any other person may institute administrative procedures
against a subordinate officer or employee upon sworn, written complaint.
 Prima facie. It is a cause of action or defense that is sufficiently established by that party's
evidence to support a verdict in that party's favor. A prima facie case is created in a legal environment
when there is sufficient evidence to support a summary judgment or to carry on with the case. In
other words, having preliminary proof is actually necessary.
In order for the complaint to be considered valuable and granted entry into the proceedings,
the complainant must provide a sworn statement detailing their testimony, the testimony of
witnesses, and documentary evidences. The disciplining authority will dismiss a complaint if it is
determined that there is no prima facie case. If there is a prima facie case, the respondent will be
notified in writing of the charges against them. If his response is deemed insufficient, he will be
permitted to respond to the charges in writing under oath, providing supporting sworn statements
and documents and indicating whether he wishes to have a formal investigation conducted or not.
But if the response is deemed satisfactory, proving that he is innocent of any wrongdoing and
displacing the claims, the disciplining authority shall dismiss the case. Even though the responder
did not request a formal investigation, one should nonetheless look into the issue to determine its
merits carefully.
The time when the disciplining authority receive the answer of the respondent, the
investigation shall be held or begin not earlier in 5 days and not exceeding for 10 days. Moreover,
within 30 days, the investigation should be finished from the filing of the charges, unless if the
Commission extended the period in some meritorious cases. Furthermore, the disciplining authority
shall submit the decision within 30 days from the termination of investigation and submission of
report of investigator. Lastly, the report of the investigator should be submitted within 15 days from
the end of the investigation.
In an administrative action, the complainant and respondent are entitled to:
1. Hire a lawyer to help them win the case and to represent and defend them.
2. Request the attendance of witnesses who can provide relevant testimony.
3. Demand the provision of documented evidence supporting their argument through compulsory
process of subpoena or subpoena duces tecum.

A subpoena is a court order that calls for someone to appear in person for a trial, hearing, or witness
deposition in order to testify.
A subpoena duces tecum is a particular kind of subpoena that calls for the subject to appear at a
trial or hearing in order to testify as a witness and to provide documentary evidence or other materials
that are under their control.
The goal of the investigation in administrative proceedings must be to discover the truth. The
relevant disciplining authority or his designated representative will oversee it.

SYNTHESIS/GENERALIZATION
1. Section 46 of Executive Order 292 explains that no civil service employee will be suspended
or removed from the office without due process.
2. There are particular actions that are grounds for disciplinary action, such as dishonesty,
oppression, neglect of duty, pursuit of private businesses, being indirectly or directly involved
in political campaigns, and many more.
3. In terms of violating civil service laws and regulations, government officials may face
disciplinary actions such as reprimand, demotion in rank, removal from office, suspension,
or a fine of up to six months' salary.
4. Government employees should possess discipline in performing their official duties.
 5. Section 47 of Executive Order 292 implies that the Civil Service Commission is responsible
for and has authority to oversee the personnel actions in government offices, and it may
deputize the heads of agencies, departments, bureaus, local government units, and other
offices to investigate and monitor the behavior of the employees under their jurisdiction.
6. Section 48 of Executive Order 292 explains the procedure for administrative proceedings
against a subordinate officer or employee upon a sworn, written complaint.
7. Any person may file a complaint against civil service employees who performed unnecessary
and unlawful actions. And should submit a sworn statement stating his or her testimony and
witnesses together with the documentary evidence.
8. A period of suspension imposed on an employee can be a preventive suspension. It is not
totally a punishment, but it enables the disciplining authority to conduct an unhampered
investigation and serves as a preventive measure.
9. Both the complainant and respondent in administrative cases may hire a lawyer and request
the attendance of a witness in the compulsory process of subpoena or subpoena duces tecum.
10. An investigation aims to find the truth.

REFERENCES
Dishonesty and Just Cause Dismissal. (n.d.). Www.linkedin.com. Retrieved November 5, 2023,
from https://www.linkedin.com/pulse/dishonesty-just-cause-dismissal-nikolay-y-
chsherbinin

Erineus, V. a. P. B. (2012, January 15). Willful failure to pay just debts by a public official a
ground for disciplinary actions? Batas Pinoy.https://bataspinoy.wordpress.com/2012/01/
15/willful-failure-to-pay-just-debts-by-a-public-official-a-ground-for-disciplinary- actions/

Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 7-Discipline] | GOVPH. (n.d.).
Official Gazette of the Republic of the Philippines.https://www.officialgazette.gov.ph/1
987/07/25/executive-order-no-292-book-vtitle-isubtitle-achapter-7-discipline/

Inquirer.net. (2023). LTO revokes driver’s license of dismissed cop in viral QC road rage. https:/
/newsinfo.inquirer.net/1828369/lto-revokes-drivers-license-of-dismissed-cop-in-viral- qc-
road-rage.

Krunimar, A., & Escudero. (n.d.). Landmark Jurisprudence on Administrative Law/Omnibus

Rules on Appointments and Other Human Resource Actions Office for Legal Affairs.
https://www.pagba.com/wp-content/uploads/2019/11/Jurisprudence-on-Administrative-
Law.pdf

RonaldEchalasDiaz-Cto. (n.d.). Presidential Decree No. 6. https://lawlibrary.chanrobles.com/ind

ex.php?option=com_content&view=article&id=68330:presidential-decree-no—
6&catid=94&Itemid=739

13
 Executive Order No. 292 (Chapter 7
Discipline Section 49-53)
I. RATIONALE
This written report aims to help the third-year students in the section in the mentioned course
assist the study regarding Executive Order No. 292 Chapter 7 - Discipline from section 49 up to
section 53, as it is a requirement for the degree in Public Administration and Governance as
students. The reason for this will enable them to value what they have learned and put the
information they have gained into practical application.

Additionally, it is a prerequisite to have information on facts and details regarding this order.
Accordingly, this paper will persuade readers to reshape their understanding of Executive Order
No. 292 Chapter 7 - Discipline, specifically sections 49 through 53, in considering the
possibility that they will need to use this knowledge in actual situations.

II. LEARNING OBJECTIVES

The purpose of this paper is to:

l Understanding the Executive Order No. 292 Chapter 7 Elaborate the specific sections
49-53
l The application of this order in real-life situations
l The importance of studying the topic of the given order

III. CONTENT

The Executive Order No. 292 Chapter 7, Discipline, Section 49-53 is under The Revised
Administrative Code of 1987 on the Civil Service Commission, but the focus of this paper is to
elaborate the given specific sections from 49 up to 53. It covers the explanation of each section: their
function, charges, and applications. There are 8 sections under chapter 7 entitled Discipline, but only
sections 49-53 will be examining in this manuscript:
Section 49, The Section 49 of the Executive Order 292 Chapter 7 which is the appeals refers to the
request of reconsidering or rethinking a violation of a certain individual to defend why he or she is
not guilty for getting accused of these violations or if the complainant is having a doubt on the
individual who is not guilty, he or she can file an appeal within 15days before the decision or the
judgement. In short, an appeal is a process which requests for another decision to a case that you
think is not fair or right.

Section 50, The Section 50 of the Executive Order 292 Chapter 7 Which is the Summary
Proceedings, Summary Proceeding has no formal Investigations in which if the violator shows are
clear signs of a strong guilt, repeated violation, and if that individual is notoriously undesirable then
the respondent is immediately removed or dismissed to the organization. This process can be
appealed to the commission if the respondent is requesting one, however if the president himself
orders for removal or dismissal the respondent can’t file an appeal.

Section 51, this section is also known as the Preventive Suspension, can be applied if the worker's
suspected actions seriously and immediately jeopardize the company or employees' property or lives,
and under the Department Order No. 147-15 you can suspend the respondent within 30 days under
the investigation. Moreover, with possible employee violations and the response from management,
and it highlights offenses such as dishonesty, oppression, or serious wrongdoing, as well as similar
negative behavior. If the employee or respondent is proven guilty of the charges, which would make
his dismissal from the company justified.

Section 52, Lifting of Preventive Suspension Pending Administrative Investigation –

If the respondent or accused is not yet proven guilty under the days of investigation, he can continue
working and they can’t simply get rid of him in his service or position. Defines that if the disciplining
authority failed to give a verdict within 90 days (as this is the due) the employee or official under the
petition will be reinstated in the service.

Section 53, Removal of Administrative Penalties or Disabilities.

The president can intervene to the case even the verdict is guilty if it is an advantage to the interest
of the president. If the respondent or accused become reinstated, it still can be under the palm of the
president or it’s also in the hands of the president if implement or no, if no it could in another trial.
IV. SYNTHESIS/GENERALIZATION

In a broader context, the sections play a pivotal role within both organizational and governmental
frameworks. Their significance lies in furnishing a precise and time-sensitive framework for
orchestrating various facets such as appeals, summary trials, preventive suspension, and the
reduction of penalties associated with the disciplinary proceedings of workers or public servants.
This procedural system not only guarantees an accurate and efficient management of these processes
but also upholds a commitment to fairness and equity. By emphasizing the fundamental principles
of fairness, these sections contribute to establishing a just and impartial environment, ensuring that
the disciplinary procedures are conducted in a manner that is not only accurate but also resonates
with principles of equity and justice. This manuscript will serve as a stigmatization of knowledge
regarding those given orders and specific sections. Those leanings set as an idea, that you cannot
easily get rid of someone or bring down their services and positions without a step-by-step due
process and proper investigation, not until they have accurate proof and strong supporting evidence
to prove the accused or respondent as guilty. Justice serves as peace and order; rules and regulations
maintain the unification of one community.

V. REFERENCES

Official Gazette. July 25, 1987. Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter
7-Discipline].

https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-vtitle-isubtitle-
achapter-7-discipline/?fbclid=IwAR0Oz-iSQX-3UwoqCOc8S6moUXUH-
dB8IPlPPxQv9VgNp8y0Q99iWnguoHI

Respicio.ph. October 19, 2023. Preventive Suspension Philippines, Preventive Suspension

Procedures.

https://www.google.com/search?q=Preventive+Suspension&rlz=1C1UEAD_enPH1011PH10
11&oq=Preventive+Suspension&gs_lcrp=EgZjaHJvbWUyBggAEEUYOdIBCDEyMjRqMG
o3qAIAsAIA&sourceid=chrome&ie=UTF-8

The LAWPHiL Project, Arellano Law Foundation. G.R. No. 188681. FRANCISCO T.
BACULI, Petitioner vs OFFICE OF THE PRESIDENT, Respondent. March 8, 2017
 https://lawphil.net/judjuris/juri2017/mar2017/gr_188681_2017.html?fbclid=IwAR1t9jI2TWx
FrtAwlazjTZA76yswYgiaz4l0yGK9oZ7N4yM-_zb9Ejy3gYc

Recent Decision Court of Appeals. PEOPLE OF THE PHILIPPINES vs JUN ALQUEZA y

LAPINED alias “JUN”. November 9, 2023.

https://services.ca.judiciary.gov.ph/recentdecisions/faces/pages/Main.xhtml;jsessionid=eb09a
62554dec2637242524f270c?fbclid=IwAR3zzlMMltrmAmfqsZfNbONnG4CHLRwlK045rlU
9nTX1MPPm8EOR1Ucq2O8

14
Executive Order No. 292
[BOOK V/Title I/Subtitle A/Chapter 8-
Prohibitions]
RATIONALE
This chapter provides an in-depth exploration of Book 5 within Executive Order No. 292,
focusing on Chapter 8 titled "Prohibitions." It delves into various sections, namely Section 54,
which addresses the Limitation on Appointment, Section 55, which deals with Political Activity,
Section 56, which covers Additional or Double Compensation, Section 57, which outlines
Limitations on Employment of Laborers, Section 58, which discusses the Prohibition on Detail or
Reassignment, and Section 59, which tackles the issue of Nepotism. By examining these sections,
you will gain a comprehensive understanding of the specific prohibitions and limitations imposed
by the government.

LEARNING OBJECTIVES
I hope that upon completing this chapter, you will be able to:
· Point out important rules within Executive Order 292, with a particular emphasis on the
prohibitions written under Chapter 8, Section 54 (Limitation on Appointment), Section 55
(Political Activity), Section 56 (Additional or Double Compensation), Section 57
(Limitations on Employment of Laborers), Section 58 (Prohibition on Detail or
Reassignment), and Section 59 (Nepotism).
· Clarify some key terms and concepts that were mentioned in Executive Order 292's Chapter
8.
· Give examples of how the limitations written in Executive Order 292 are enforced so that
readers can fully understand how these orders could seem in actual situations.
CONTENT
Prohibitions outlined in Book 5 of Executive Order 292, also known as the Administrative Code
of 1987 in the Philippines, are necessary for several reasons. These prohibitions play a crucial role
in ensuring good governance, preventing conflicts of interest, and promoting accountability within
the public service.
SECTION 54. Limitation on Appointment.
(1) No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.

By prohibiting elected officials from immediately assuming other public offices or positions
during their tenure, it prevents the concentration of power in the hands of a few individuals and
promotes a more balanced distribution of authority.
Allowing elected officials to hold multiple public offices simultaneously can create conflicts of
interest. It may compromise their ability to make impartial decisions and prioritize the public's
interest over their personal or political affiliations. By enforcing a cooling-off period, it helps
mitigate potential conflicts and ensures that decisions are made in the best interest of the public.
Prohibiting elected officials from immediately assuming other public offices encourages fair
competition and provides equal opportunities for other qualified individuals to serve in public
positions. It prevents the monopolization of power and allows for fresh perspectives and ideas to
enter the public sphere. It ensures that elected officials focus on fulfilling their duties and
responsibilities to the constituents who elected them, rather than seeking additional positions or
appointments for personal gain or influence.
(2) 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-owned or controlled
corporations or in any of its subsidiaries.
By preventing unsuccessful candidates from quickly transitioning into government positions, it
reduces the likelihood of favoritism or nepotism in the appointment process. This provision
encourages a fair and competitive selection process, where candidates are chosen based on their
qualifications, skills, and merits rather than their political connections or recent electoral
performance. Additionally, this restriction can also be seen as a way to prevent potential
disruptions or conflicts within the government. After an election, there may be political tensions
or divisions among candidates and their supporters. By imposing a one-year restriction, it allows
time for these tensions to subside and for a more cohesive and stable working environment to be
established within the government.
(3) 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.
This restriction is in place to ensure that appointive officials can fully dedicate themselves to their
primary functions and responsibilities without any conflicts of interest or divided loyalties.
The intention behind this rule is to maintain the integrity, impartiality, and effectiveness of the
appointive official's role. By prohibiting them from holding multiple positions within the
Government, it helps prevent potential conflicts of interest, favoritism, or the misuse of power that
could arise from simultaneously serving in different capacities.
SECTION 55. Political Activity.
No officer or employee in the Civil Service including members of the Armed Forces, shall engage
directly or indirectly in any partisan political activity or take part in any election except to vote nor
shall he use his official authority or influence to coerce the political activity of any other person or
body. Nothing herein provided shall be understood to prevent any officer or employee from
expressing his views on current political problems or issues, or from mentioning the names of
candidates for public office whom he supports: Provided, That public officers and employees
holding political offices may take part in political and electoral activities but it shall be unlawful
for them to solicit contributions from their subordinates or subject them to any of the acts involving
subordinates prohibited in the Election Code.

This restriction is in place to prevent any potential conflicts of interest, favoritism, or abuse of
power that may arise if officers or employees were allowed to engage in partisan political activities.
It ensures that the Civil Service remains focused on its primary duty of serving the public interest
and upholding the principles of fairness and neutrality.
Furthermore, the prohibition on using official authority or influence to coerce political activity of
others is intended to prevent any abuse of power or manipulation of individuals or groups for
political purposes. It helps maintain the independence and professionalism of the Civil Service,
ensuring that political decisions are made based on merit and not influenced by personal or partisan
interests.
SECTION 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.

But remember that Pensions and gratuities shall not be considered as additional, double or indirect
compensation.

Firstly, it ensures fiscal responsibility and accountability in the government. By limiting the
compensation of public officials to what is authorized by law, it prevents excessive or unauthorized
payments that could strain public resources. This helps maintain transparency and fairness in the
allocation of public funds.

Secondly, this provision helps prevent conflicts of interest. By prohibiting public officers or
employees from receiving additional compensation, it reduces the potential for them to be
influenced or swayed by personal financial gain. This safeguards the integrity and impartiality of
public officials in carrying out their duties and responsibilities.

Additionally, the requirement for the consent of the President before accepting any present,
emolument, office, or title from any foreign state serves to protect national security and prevent
undue foreign influence. It ensures that public officials do not engage in activities that could
compromise the interests or independence of the country. By seeking the President's consent,
potential conflicts of interest or security risks can be evaluated and addressed appropriately.

SECTION 57. Limitations on Employment of Laborers.

Laborers, whether skilled, semi-skilled or unskilled, shall not be assigned to perform clerical duties.

It helps to emphasize the work differences or job definitions of the workers separating the jobs of
laborers and clerical staff to maximize their skills and expertise.
Assigning laborers to perform clerical duties may not be efficient or effective, as these tasks
typically require specific knowledge, training, and expertise in administrative and clerical
functions. By adhering to this provision, organizations can optimize their workforce by assigning
laborers to tasks that are more suited to their skills and capabilities.

This provision also helps to maintain productivity and prevent potential errors or inefficiencies
that may arise from assigning individuals to tasks they are not trained or experienced in. By
ensuring that individuals are assigned tasks that align with their skill sets, organizations can
promote efficiency, effectiveness, and overall job satisfaction among their workforces.

SECTION 58. Prohibition on Detail or Reassignment.

No detail or reassignment whatever shall be made within three (3) months before any election.

This provision is in place to ensure that there is no interference or manipulation of the electoral
process through the movement or reassignment of individuals in key positions.

By prohibiting details or reassignments during this period, the intention is to maintain stability and
prevent any potential bias or undue influence that could arise from sudden changes in personnel.
This provision helps to safeguard the integrity of the election process by ensuring that individuals
in positions of authority or influence remain in their roles without any significant changes leading
up to the election.

SECTION 59. Nepotism.

(1) All appointments in the national, provincial, city and municipal governments or in
any branch or instrumentality thereof, including government-owned or controlled
corporations, made in favor of a relative of the appointing or recommending authority,
or of the chief of the bureau or office, or of the persons exercising immediate
supervision over him, are hereby prohibited.

(2) The following are exempted from the operation of the rules on nepotism:

(a) persons employed in a confidential capacity

(b) teachers

(c) physicians

(d) members of the Armed Forces of the Philippines: Provided, however, that in each particular
instance full report of such appointment shall be made to the Commission.

The purpose of this provision is to prevent any favoritism or nepotism during the selection process.
By prohibiting the appointment of relatives, it aims to ensure that appointments are based on merit,
qualifications, and suitability for the position rather than personal relationships or connections.
The intention behind this prohibition is to promote fairness, transparency, and equal opportunities
in the public sector. It helps to prevent situations where individuals may be appointed to positions
of authority or responsibility solely based on their familial ties, rather than their competence or
qualifications. By implementing this restriction, the aim is to uphold the principles of good
governance, professionalism, and integrity in the public service, and to ensure that appointments
are made in the best interest of the public and the efficient functioning of government institutions.

The restriction mentioned in subsection (1) shall not be applicable to the case of a member of any
family who, after his or her appointment to any position in an office or bureau, contracts marriage
with someone in the same office or bureau, in which event the employment or retention therein of
both husband and wife may be allowed.

It states that the restriction on details or reassignments within three (3) months before an election
does not apply in the case where a member of a family, who is already appointed to a position in
an office or bureau, marries someone who is also working in the same office or bureau.

In this specific situation, if a person is already employed in a particular office or bureau and
subsequently marries someone who is also working in the same office or bureau, the employment
or retention of both the husband and wife may be allowed. This exception recognizes that it may
be impractical or disruptive to enforce the restriction in cases where a married couple is already
working together in the same office or bureau.

(3) In order to give immediate effect to these provisions, cases of previous appointments
which are in contravention hereof shall be corrected by transfer, and pending such transfer,
no promotion or salary increase shall be allowed in favor of the relative or relatives who were
appointed in violation of these provisions.

This provision is designed to rectify any appointments that were made in contravention of the
regulations mentioned. By correcting these appointments through transfer, it ensures that
individuals who were appointed improperly are placed in appropriate positions that align with the
rules and regulations.

Furthermore, the provision restricts any promotion or salary increase for those individuals until
the necessary transfers are completed. This is done to prevent any potential benefits or advantages
being granted to individuals who were appointed in violation of the rules, ensuring fairness and
adherence to the regulations.

Overall, this provision aims to uphold the integrity of the appointment process and ensure that any
violations are promptly addressed and rectified, while also preventing any undue benefits for those
who were appointed improperly.

SYNTHESIS/GENERALIZATION

· Executive Order 292 has specific guidelines in several sections that encourage ethical
conduct, openness, and the avoidance of conflicts of interest between employees and public
officials.
· These regulations cover a wide range of topics, including prohibiting public workers from
accepting new positions while serving in office and limiting political activity that can taint
their neutrality.
· Executive Order 292 covers several topics, including nepotism, limiting the duties that
employees can perform depending on their expertise, and prohibiting extra pay without the
right authorization. Fair and ethical procedures, exclusions, clear guidelines, and effective
 remedies for unfair nominations have been shown to prove that the administration is
dedicated to upholding accountable and transparent governance.
· The primary objectives of these rules are to protect the public's trust in government
institutions, prevent abuse of power by the people who hold power and uphold integrity.

REFERENCES
Executive Order No. 292. (1987, July 25). Book V, Title I, Subtitle A, Chapter 8 – Prohibitions.
Official Gazette of the Republic of the
Philippines. https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-
vtitle-isubtitle-
achapter-8-prohibitions

limitations and prohibitions on appointment of government employees.

(n.d.). PPT. https://www.slideshare.net/cherryontoy/limitations-and-prohibitions-on-
appointment-of-
government-employees

15
Omnibus Rules on Leave
Section 1 to 39
Rationale
This chapter will highlight some of the important parts of the Omnibus Rules on Leaves, Section 1
to 39. And it will shed some knowledge about the different kinds of leaves. In this paper we will
learn the different kinds of leaves and their benefits. We will also learn how to properly use them.
What are the do’s and don'ts? This paper will also tackle the right of employees and officials to have
a leave, and who are entitled to have a special leave, the different kinds of employees and how to
take their leave.

Objectives
After the meaningful discussion your knowledge will expand and able to understand
the following objectives:
● What are the Omnibus Rules on Leave
● What is all about the section 1 to 39 of Rule XVI Leave of Absence

Content
OMNIBUS RULES ON LEAVE which is generally interpreted as a right that gives officers and
employees not to report for work with or without pay as may be provided by law if where the rules
on leave are important-especially to those working who are required to understand them through the
rules on leave. Those included in the omnibus rules on leave were in 1998 (Amendments to Rules I
and XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987), also
known as the Omnibus Rules on Leave, which has Rule 1 to 16 Section (1-39) which is as follows:
RULE I
For Rule I is the following below.
Leave of absence, Commutation of leave credits, Cumulation of leave credits, immediately family,
Sick leave, Vacation leave, Monetization, Pregnancy, Maternity leave, Paternity leave, Vacation
service credits, Terminal leave, Special leave privileges, Relocation leave.
Leave is a way for employees who experience unusual circumstances at work to rest, there are
different types of leave is through the following is the commutation of leave credits which is not the
use of leave, so that all the following leave us very important because it is the needs of each employee
or working in the same organization where leave is a way to take a break or a situation that is not
expected so there are different types of leave.
The rule I is that it is perhaps important because it's content is the rules for the leave of absence
required by the person or employee that what should or should not be done in having an absence is
a way of having an absence through an unexpected situation, also including commutation leave
which is a way to unused leave that is equivalent to money, Cumulation leave is a way to obtain used
leave so it can be the Cumulation leave among employees, and even all of them are a specific leave
for employees or working in the same organization including sick leave, vacation leave,
monetization, pregnancy, maternity leave, paternity leave, vacation service credits, terminal leave,
special leave privileges, and relocation leave. All of these are methods of obtaining or leaving
according to the situation of an employee, which is important to know the salary that should or should
not be paid, paid or not paid through these rules will determine the availability of leave for each
employee.

RULE XVI
The following is Rule VXI which includes section (1-39) which is as follows;
Section 1. Entitlement to leave privileges
Through this section 1, it is for the officer and employee, whether permanent or not, they can have
15 days of vacation which they have the right to have a vacation through 15 days vacation which is
their salary is full and does not include the weekend which is the holiday, saturday, week, which is
unlimited.
Section 2. Leave of absence of part-time employees
Employees rendering services on a part-time basis entitled to vacation and sick leave benefits
proportionate to the number of work hours rendered. A part-time employee who renders four (4)
hours of work (5) days a week or a total of 20 hours a week is entitled to 7.5 days’ vacation and 7.5
days sick leave annually with full pay.
Section 3. Leave of absence of employees on rotation basis
The leave of absence of employees on rotation basis is important especially it is the right to vacation
and even sick leave which is consistent with the period of service provided, saying that if an
employee who is allowed to work in two or more shifts or the rotation in which it must be together
to determine or find out the number of years and even the month in which the vacation was taken
employees on a rotating basis are entitled to vacation and sick leave commensurate with periods of
service rendered.
Section 4. Contractual employees are not entitled to leave credits as a matter of right.
In view of the nature of their employment, employees hired on contractual basis are not entitled to
vacation, sick, and other special leave privileges. To offset their non-entitlement to leave benefits,
contractual employees may be paid compensation twenty percent (20%) higher than the salaries of
regular employees occupying equivalent positions. If contractual employees are not given the 20%
premium, they should be entitled to vacation and sick leave.

Section 5. Leave credits of local elective officials

Local elective officials started to be entitled to leave privileges effective May 12, 1983 only pursuant
to Batas Pambansa 337. However, said leave was commutative but not cumulative. This means that
local elective officials who did not commute said leave during the year earned are deemed to have
forfeited the same.
However, starting January 1, 1992, local elective officials shall be entitled to leave privileges as those
enjoyed by appointive local officials, including accumulation and communication thereof.
According to the leave credits of local elective officials, which refers to the elective official who
begins to have the right to leave the same privileges as those enjoyed by elected local officials, where
the accommodation and even the communication.

Section 6. Teachers leave

Teachers shall not be entitled to the usual vacation and sick leave credits but to proportional vacation
pay (PVP) of 70 days of summer vacation plus 14 days of Christmas vacation. A teacher who has
rendered continuous service in a school year without incurring absences without pay of not more
than 1 ½ days is entitled to 84 days of proportional vacation pay.
Other leave benefits of teachers such as study leave and indefinite sick leave are covered by section
24 & 25 of RA 4670 (Magna Carta for Public School Teachers).
Section 7. Other employees under teachers leave basis
Day Care Workers and all other appointive employees whose work schedule is the same as that of
teachers, earn leave credits in accordance with section 6 and 9 hereof.
This Section 7 contains the employees under teachers leave basis, it is about Day care workers and
other appointed employees whose work schedule is the same as teachers which is important
especially for employees under teachers leave basis which may be vacation credit in accordance with
section 6 and 9 hereof which is the teachers leave and the vacation service credits of teachers.
Section 8. Teachers who are designated to perform non-teaching functions
Teachers who are designated to perform non-teaching functions and who render the same hours of
service as other employees shall be entitled to vacation and sick leave.
This Section 8 is intended for teachers who perform non-teaching duties and provide part-time or
part-time service as well as other employees with vacation and sick leave rights. leave. In addition
to this, teachers still have a duty to provide service through the right to vacation even as other
employees.
Section 9. Vacation service credits of teachers
Teachers vacation service credits refer to the leave credits earned for services rendered on activities,
during summer or Christmas vacation, as authorized by proper authority. These vacation service
credits are used to offset absences of a teacher due to illness or to offset proportional deduction in
vacation salary due to absences for personal reasons or late appointment. The manner by which
service credits may be earned by teachers is subject to the guidelines issued by the Department of
Education, Culture and Sports (DECS).
Section 10. Leave credits of officials and employees covered by special leave law – the leave
credits of the following officials and employees are covered by special laws:
(a) Justices of the supreme court, court of appeals and Sandiganbayan;
(b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial Courts, Court of Tax
Appeals and Shari’a Circuit Court; and Shari’a District Court.
(c) Heads of the Executive Departments, Heads of Departments, Undersecretaries;
(d) Chairman and Commissioners of Constitutional Commissions;
(e) Filipino officers and employees in the Foreign Services;
(f) Faculty members of state universities and colleges including those teaching in universities and
colleges created pursuant to ordinance of the LGU; and
(g) Other officials and employees covered by special laws
Hence, justices and other government officials and employees covered by special laws should
promulgate their own implementing rules relative thereto. Said implementing rules should be
submitted to the Civil Service Commission for record purposes.
Section 11. Conditions for the grant of maternity leave – married women in the government
service who have rendered an aggregate of two (2) or more years of service, shall, in addition to the
vacation and sick leave granted them, be entitled to maternity leave of sixty (60) calendar days with
full pay.
Section 12. Formula for the computation of maternity leave – employees who have rendered less
than two (2) years of service may only receive full pay for a number of days based on the ratio of 60
days to 2 years of service.
Section 14. Married woman may go on maternity leave for less than sixty (60) days
When an employee wants to report back to duty before the expiration of her maternity leave, she may
be allowed to do so provided she presents a medical certificate that she is physically fit to assume
the duties of her position.
Section 15. Maternity leave with pay may be granted even if delivery occurs just a few days
after the termination of employee’s service
maternity leave with pay may be granted even if the delivery occurs not more than 15 calendar days
after the termination of employee’s service as her right thereof has already accrued.
Section 16. Maternity leave of employee on extended leave of absence without pay
If already entitled, a woman employee can still avail of sixty (60) days maternity leave with pay even
if she is on an extended leave of absence without pay.
Section 17. Maternity leave of employee with pending administrative case
A married woman employee is entitled to maternity leave of absence with pay even if she has a
pending administrative case.
Section 18. Maternity leave of contractual employees
Married contractual employees whether or not receiving 20% premium on their salary shall be
entitled to maternity leave benefits like regular employees in accordance with the provisions of
section 11 hereof.
Section 19. Conditions for the grant of paternity leave – every married male employee is entitled
to paternity leave of seven (7) working days for the first four (4) deliveries of his legitimate spouse
with whom he is cohabiting.
Section20. Paternity leave non-cumulative/non-cumulative
Paternity leave of seven (7) days shall be non-cumulative and strictly non-convertible to cash. The
same way can be enjoyed in a continuous or in an intermittent manner by the employee on the days
immediately before, during and after the childbirth or miscarriage of his legitimate spouse.
Section 21. Special leave privileges – in addition to the vacation, sick, maternity and paternity leave,
officials and employees with or without existing or approved Collective Negotiation Agreement
(CNA), except teachers and those covered by special leave laws, are granted the following special
leave privileges subject to the conditions hereunder stated:
(a) funeral/mourning leave
(b) graduation leave
(c) enrollment leave
(d) wedding/anniversary leave
(e) birthday leave
(f) hospitalization leave
(g) accident leave
(h) relocation leave
(i) government transaction leave
(j) calamity leave
Section 22. Monetization of leave credits
In this section it is probably about the service that includes temporary, permanent, casual,
coterminous and that if the employee who have accumulated 15 days of vacation leave credits are
allowed for monetization.
Section 23. Monetization of 50% of vacation/sick leave credits
According to the monetization, there is a 50% vacation/sick leave which is the accumulated leave
credits that can or can be crowned with a valid and sufficient reason. This is probably allowed
especially at the discretion of the head of the agency and if there is an available funds.

Section 24. Computation of leave monetization

This computation is the basis to know or determine how to know the acquisition or day of leave of
monetization.
Section 25. Five days forced/mandatory leave.
The mandatory annual five-day vacation leave shall be forfeited if not taken during the year.
However, in cases where the scheduled leave has been canceled in the urgency of the service by the
head of the agency, the scheduled leave not enjoyed shall no longer be deducted from the total
accumulated vacation leave.
Section 26. Accumulation of vacation and sick leave
Whenever any officials or employee retires voluntary resigns, or is allowed to resign or is separated
from the service through no fault of his own, he shall be entitled to the commutation of all the
accumulated vacation and/or sick leave to his to credit, exclusive of Saturdays, Sundays and holidays,
without limitation a to the number of days of vacation and sick leave that he may accumulate
provided his leave benefits are not covered by special law.
Section 27. Computation of vacation leave and sick leave
Computation of vacation leave and sick leave shall be made on the basis of one day vacation leave
and one day sick leave for every 24 days of actual service using the tables of computations.
Section 28. Actual service defined
Leave of absence without pay for any reason other than illness shall not be counted as part of the
actual service rendered: Provided, that in computing the length of service of an employee paid on the
daily wage basis, Saturdays, Sundays or holidays occurring within a period of service shall be
considered as service although did not receive pay on those days inasmuch as his service was not
then required.
Section 29. Computation of leave for employees with irregular work schedules
In simple terms if an employee is off duty, say for two (2) days falling on Saturdays, Sundays, or
holidays, days occurring within the period of authorized leave are to be excluded in the computation
of vacation and sick leaves.
Section 30. Computation of leave for employees observing flexible working hours.
Any absence incurred must be charged in proportion to the number of hours required for a day’s
work.
Section 31. Commutation of salary prior to leave
This section is the importance of salary prior leave which is where the LGU or local government
unit, GOCC and other subjects come in. these allow the communication of wages or salary that will
be received during the vacation period for any employee or officials.
Section 32. Absence on a regular day for which suspension of work is announced-
This section is perhaps important because it refers to suspension of work where the employee or
official fails to report for work on a regular day, suspension of work may be declared or considered
absent for the day. which also means that if a report is not made, they may be suspended or absent
that day.
Section 33. Leave of absence without pay on a day immediately preceding or succeeding
Saturday, Sunday, or holiday- the same provision is applicable only to intermittent or broken
absences incurred by an employee but not to continuous or uninterrupted absences without pay
exceeding a period of seven (7) calendar days.
Section 34. Tardiness and under-time are deducted against vacation credits-
According to section 24, tardiness is deducted from the vacation credit, and it can no longer be
charged against the sick leave unless the under-time is dedicated for health reasons which enters the
scientific like medical and leave application, it is very important especially for working employees.
Section 35. Terminal leave
Accordingly, the filing of application for terminal leave requires as a condition sine qua non, the
employee's resignation, retirement or separation from the service without any fault on his part. It
must be shown first that public employment ceases by any of the said modes of severances.
Section 36. Approval of terminal leave
In this connection, clearance from the Ombudsman is no longer required for processing and payment
of terminal leave as such clearance is needed only for payment of retirement benefits.
Section 37. Payment of terminal leave
This section includes the payment of terminal leave where every official or government or any
official employee has a right to the commutation of his vacation credit such as saturday and week.
Section 38. Period within to claim terminal leave pay-
This section is similar to the one regarding terminal leave benefits, the employee must have 10 years
in which the right of action accrues to an obligation or responsibility created by the law itself, perhaps
this is important because employees absolutely have different leaves that they will use or should use.
Section 39. Basis of computation of terminal leave-
In section 39 which is where the computation of terminal leave, the employee will receive his last
payment based on the highest salary that he receives during the duration of his service in the company
or organization.

Synthesis/ Generalization

The summarization of this topic regarding leaves or the "Omnibus Rules on Leave" includes
everything stated in section (1-39) which is all important especially to employees or even the official
in accordance with the omnibus rules on leave that can be known or determined what are the do's
and don'ts of having leave, therefore the different types of leave are all required to be used by an
employee especially for the unexpected incident of an employee in an organization. Perhaps the
contents of Rule I, Rule XVI are important enough to provide what is remunerative or non-
remunerative in its employment use. Especially in the part of Rule 1, it gives importance to every
worker or employee, they can absolutely use or use different situations or events that can be used
according to the law or indicated by the law that is important to every person who works having a
break. These rules give extra knowledge about their rights as an employee and also on how to
properly use them. Through this you will also learn what you expect if you will go on leave. And
the benefits you will receive after retiring.

Reference
Omnibus Rules on Leave (1998, Amendments to Rules I and XVI of the Omnibus Rules
Implementing Book V of the Administrative Code of 1987
https://drive.google.com/file/d/1uhfBIRBaA39p5OZ-oqtKxdchhriEUU9I/view
Administrative case No. 7 for section 17
https://www.ombudsman.gov.ph/docs/adminorders/Administrative_Order_No_07.pdf
CNA Budget Circular No. 2022-3 https://www.dbm.gov.ph/wp-
content/uploads/Issuances/2022/Budget-Circular/BUDGET-CIRCULAR-NO-2022-3-DATED-
OCTOBER-19-2022.pdf

16
Omnibus Rules on Leave
Rule 16 (40-67)
RATIONALE

The paper aims to further explain the special leave privileges to all government employees.
It aims to outline the procedures and requirements for the application and approval of leave. It
delineates the responsibilities of employees, immediate supervisors, and human resource
management offices in the submission, verification, and processing of leave applications. The paper
deals with the guidelines for the computation of leave credits, the substitution of leave credits for
monetary equivalent, and the limitations on the accumulation and commutation of leave. The CSC
aims to uphold the rights and welfare of government employees while safeguarding the interests of
the government and the public. The rationale behind these rules is to create a system that balances
the needs of employees for rest and recuperation with the efficient and effective delivery of public
services.

LEARNING OBJECTIVES

Upon completing the paper, students are able to:

• Recognize the relevance of various leave benefits given to the employees.

• Identify the requirements for the employee application for leave
• Identify the rights of every official or employees
• Understand the guidelines for the computation of leave credits, the substitution of leave
credits for monetary equivalent, and the limitations on the accumulation and commutation of
leave.

CONTENT

The CSC Omnibus Rule on Leave covers various types of leave, including vacation leave,
sick leave, maternity leave, paternity leave, parental leave, special leave benefits, and other forms of
authorized absences. Each type of leave is governed by specific provisions and conditions to guide
employees and administrators in its proper application and utilization. The CSC Omnibus Rules on
Leave is the establishment of eligibility criteria for the grant of leave benefits. Employees are
required to meet certain service requirements and conditions to qualify for specific types of leave.
This ensures that leave privileges are granted to employees who have fulfilled the necessary tenure
and performance standards, thereby preventing abuse and misuse of leave benefits.
Section 40. Computation of terminal leave.
The formula to be used to the computation of terminal leave benefits will be:

D x (S)
TLB = ---------------
22

Where:
TLB -Total Terminal Leave Benefits
D - No. of accumulated leave (VL & SL)
S - Highest monthly salary received 22 Number of working days in a month
pursuant to R.A. 6758

Section 41. Official/Employee on terminal leave does not earn leave credits.
Under this section it states that an employee or an official who is on terminal leave does not
earn leave credits as he or she is already out of service. As terminal leave is the final leave granted
to an employee/official before its separation or retirement from service. When an employee is on
terminal leave, they are technically no longer in active service, as they have formally initiated the
process of leaving their position within the government. As a result, the rationale for not earning
leave credits during terminal leave is rooted in the concept that leave accrual is contingent upon
active employment, and once an employee enters the terminal leave phase, the accrual of leave credits
ceases as they are in the process of disengaging from their role within the government agency.

Section 42. Employee on extension of service does not earn leave credits.
An employee/official who has reached the compulsory retirement age of 65 but still in service
are no longer earns leave credits as they are technically no longer in active service and are therefore
not entitled to the benefits and privileges accorded to active employees. While the extension of
service allows them to continue working, it is considered as an exception to the general rule of
retirement, and as such, the entitlements of employees on extension of service are also exceptional.
When an employee is on extension of service, they are essentially continuing their employment on a
voluntary basis and may not be receiving the same compensation and benefits as they did during
their regular service.
Section 43. Computation of salary.
An official who applies for vacation or sick leave are granted leave with pay at the salary he
or she is currently receiving. It is the determination of the rate of salary that should be paid to an
employee during leave. This section specifies that the salary to be paid during leave shall be based
on the regular or basic salary of the employee at the time the leave commences. This means that any
additional allowances or benefits that are not considered part of the basic salary may not be included
in the computation of salary during leave.
Section 44. Leave during probationary period.
An employee who’s on probation may already avail of the leave credits he has earned during
said period. As stated on CSC Omnibus Rule Section 1. In general, appointive officials and
employees of the government whether permanent, temporary, or casual, who render work during the
prescribed office hours, shall be entitled to 15 days vacation and 15 days sick leave annually with
full pay.
Section 45. Payment of unused vacation service credits of teachers.
Teachers and other school personnel on the teachers' leave basis who resigned, retired, or are
separated from the service through no fault of their own on or after January 16, 1986, shall be paid
the money value of their unused vacation service credits converted to vacation and sick leave using
the formula:
30Y/69
Vacation and Sick Leave = ----------------
2

Where: 30 = Number of days in a Month

Y = Total Number of Teacher’s Service Credits
69 = 58 Days of Summer Vacation plus 11 Days Christmas Vacation
2 = the two kinds of leave

Conversely, the formula in the conversion of sick and vacation leave credits to vacation service
credits of teachers is as follows:

VL + SL
Y = ------------- x 69
30

Section 46. Transfer from teaching to non-teaching service during summer vacation.
On summer vacation, when a teacher decides to switch from the teaching service to a non-
teaching position immediately after the end of the school year, they are still eligible to receive
proportional vacation pay. This is because their right to vacation pay has already been earned and
accumulated. The entitlement of proportional vacation pays for teachers who transfer to non-teaching
positions is a fundamental component of fair labor practices. It upholds the dignity and welfare of
educators, recognizing their dedicated efforts and ensuring that their rights are protected as they
embark on new professional journeys.

Section 47. Transfer of leave credits.

When an individual who holds an official position or works as an employee moves from one
government agency to another, they have the option to either receive a monetary compensation for
their unused vacation and/or sick leave credits or transfer these credits to their new agency.
Any requests for transfer of accumulated leave credits must be made within one year from
the employee's transfer to the new agency. This timeframe ensures that the option to transfer leave
credits is available and can be executed without undue delay. After this one-year period, the option
to transfer leave credits will no longer be valid, and any remaining leave credits will be forfeited.

Section 48. Remedy when transfer of leave credits is denied.

In cases where an employee or an official are unable to transfer their leave credits to a new
office, the only recourse available is to request the monetary equivalent of those accumulated leave
credits from their previous office, where they originally earned them. This means that if an employee
is unable to carry over their leave credits to a new workplace, they have the option to claim the
monetary value of those accumulated credits from their former employer. This ensures that the
employee is compensated for their leave credits.

Section 49. Period within which to act on leave application.

Under this section it simply states that if the head of the agency or a validly authorized agent
does not act upon a leave of absence application, including terminal leave, within five (5) working
days of receiving it, the application will be considered approved.

Section 50. Effect of unauthorized leave.

 In this section it is clearly stated that when an official or employee is absent without
authorization, they will not be paid for the duration of their unapproved leave of absence. However,
it is acknowledged that his or her absence will no longer be subtracted from his or her accrued leave
credits if there are any.

Section 51. Application for vacation leave.

All individuals seeking to take a vacation leave of absence of a period of one (1) day or longer
are required to pass a formal application using the designated form. The application will be reviewed
and decided upon by the legal authority within the agency. It is advisable to pass the formal
application at least five (5) days prior to the intended start date of the leave. The purpose of this
requirement is to ensure a smooth and organized process for managing vacation leave within the
agency.

Section 52. Approval of vacation leave.

In order to clarify, it is important to note that when it comes to granting a leave of absence
for reasons other than official or employee illness, or the illness of an immediate family member, the
decision will ultimately be determined based on the needs of the service. This means that whether or
not vacation leave is approved will be at the discretion of the head of the department or agency.

Section 53. Application for sick leave.

In order to apply for sick leave lasting one full day or more, employees are required to
complete the designated form and submit it promptly upon their return from the leave. Additionally,
it is advisable to inform both the immediate supervisor and/or the agency head about the absence
notification. When requesting sick leave for more than five consecutive days, employees must also
provide a valid medical certificate as supporting documentation. This process ensures that all
necessary paperwork is completed and maintains clear communication between the employee and
the relevant authorities.

Section 54. Approval of sick leave.

Sick leave will only be approved if the employee or any member of their immediate family
is experiencing sickness or disability. The purpose of sick leave is to provide time off work for
individuals who are unable to fulfill their job duties due to health-related issues. This policy ensures
that employees are given the necessary flexibility and support.
The granting of sick leave, whether it is compensated or uncompensated, is obligatory under
the condition that supporting documentation demonstrating illness or disability is submitted along
with the request, as per the guidelines mentioned in the preceding section. Any undue delay in
approving the sick leave application or unjustifiable denial of such leave can result in disciplinary
measures being imposed upon the responsible official.

Section 55. Rehabilitation leave for job-related injuries.

When officials and employees sustain wounds or injuries while performing their duties, they
are required to submit an application for leave of absence using the designated form. To support their
request, they must provide a valid medical certificate and evidence confirming that the wounds or
injuries were indeed incurred during the course of duty. The respective head of the department or
agency will then ensure that the employee is granted leave on full pay for the duration of their
disability, which should not exceed six months. In addition, the head of department/agency will
authorize the reimbursement of medical expenses, including medical attendance, transportation,
subsistence, and hospital fees, for the injured person. It is important to note that the absence resulting
from such circumstances should not be deducted from the employee's sick leave or vacation leave
entitlement, if applicable. Thus, the employee can avail themselves of the necessary time off without
it affecting their other leave benefits.

Section 56. Leave without pay.

The statement under this section clarifies that any absence of an official or employee beyond
the available accumulation of vacation or sick leave will result in unpaid leave. It is important to note
that once an employee or an official has used up their sick leave credits, they are permitted to utilize
their vacation leave credits as an alternative, but not vice versa. This ensures that there is a system in
place to manage and balance the use of accumulated leave by employees.

Section 57. Limit of leave without pay.

Leave without pay, which does not exceed a duration of one year, may be authorized. This
leave can be taken in addition to the accumulated vacation and/or sick leave. However, if the duration
of the leave without pay exceeds one month, it is mandatory to obtain clearance from the appropriate
department or agency head before proceeding. This ensures proper communication and coordination
within the organization.

Section 58. When leave without pay is not allowable.

When it comes to leave without pay, there are certain circumstances where it is not permitted.
Specifically, it should be noted that leave without pay cannot be granted if an employee already has
leave with pay available to them, the exception to the rule mentioned is in the situation where an
employee or an official is temporarily assigned to work in another department or organization. In
simpler terms, this section is saying that employees cannot take time off without pay if they still have
paid leave remaining, except in the case of being assigned to another department temporarily.

Section 59. Seconded employee on leave without pay from his mother agency.
This section simply states that when an employee is temporarily assigned to a different
agency, they will not receive their regular salary from their original agency. However, despite being
on leave without pay, the employee has the opportunity to accumulate leave credits. The accumulated
leave credits can be converted into a different form or benefit. Specifically, in this case, the leave
credits can be converted into some type of compensation or payment. The receiving agency, where
the employee has been seconded, is responsible for providing the compensation or payment for the
accumulated leave credits.

Section 60. Effect of vacation leave without pay on the grant of length of service step increment.
The section deals with the guidelines for calculating the length of service required in order to
receive a step increment, which is a salary increase for employees. If an employee takes approved
vacation leave without pay for a total of fifteen days or less, it will not affect their continuous service
requirement of three years in order to receive the step increment. In other words, these days will not
be counted as interruptions or breaks in their service. However, if an employee takes more than
fifteen days of authorized vacation leave without pay within the three-year period, the grant of the
step increment will be delayed. The amount of delay will be equal to the number of days the employee
was absent without pay. So, for example, if an employee took twenty days of leave without pay, their
step increment would be delayed by twenty days.

Section 61. Effects of pending administrative case against an official or employee.

During the period when employees or official in positions of authority or employees are
facing pending official administrative charges against them, they are prohibited to receive paid
vacation leave. This regulation is enforced in order to ensure that the respondent does not receive
any benefits or privileges whilst the case is still being resolved.

Section 62. Effect of failure to report for duty after expiration of one year leave.
When an individual in an official or employee position takes a leave of absence without pay
as outlined in Section 57 and does not return to work after one year from the start of their leave, they
will be regarded as being automatically terminated from their role. This means that their employment
with the organization will come to an end without any further action required.

Section 63. Effect of absences without approval leave.

This section explains that if someone is absent from work for at least thirty consecutive days
without getting permission, they will be considered as being absent without official leave (AWOL).
This means they are not allowed to be away from work, and it is considered a violation. As a result,
they will be separated from their job or removed from the list of current employees without any
warning beforehand. However, the person will be notified about this separation. The notification will
be sent to the address that is listed in their employment records known as their "201 files". The person
will receive this notification within five days from the date of their separation becoming effective.
If an employee or an official has been absent from work without permission for less than
thirty days, they will receive a written order known as a "Return-to-Work Order". If they fail to report
for work during that time, it will be considered a valid reason to remove them from the list of current
employees.

Section 64. Status of the position of an official or employee on vacation leave or sick leave.
During the absence of the current officeholder due to vacation, illness, or unpaid leave, it
should be noted that the position itself is not considered vacant. However, since the regular person
is not working, a substitute can be appointed to temporarily take their place. This means someone
else can be chosen to do the job temporarily until the regular person comes back.

Section 65. Effect of decision in an administrative case.

When an individual working for the government is terminated due to any wrongdoing, they
will lose all accumulated leave credits that they have earned during their employment. This means
that any remaining vacation or personal leave days that the official or employee had will no longer
be given to him/her.

Section 66. Effect of exoneration from criminal/ administrative case.

Employees or officials who hold positions in the government sector and have experienced
dismissal from their positions but later get cleared of any administrative or criminal cases are able to
retain the right to claim their leave credits for the time of their absence from service. Meaning they
are eligible to accumulate retirement benefits and receive compensation for the time they were not
actively employed.

Section 67. Cause for disciplinary action.

Under this section, any act of violating the imposed laws, rules, and regulations or even
engaging in any kind of misrepresentation or deception while applying for leave is considered a valid
reason or ground for disciplinary action of an employee or an official.
SYNTHESIS/GENERALIZATION
1. The Civil Service Commission Omnibus Rule outlines the various types of leave available to
employees or officials including but not limited to annual leave, maternity leave, paternity
leave, sick leave, special leave, and other forms of authorized leaves.
2. The rules serve to protect the interests and well-being of employees and to promote a work
environment that values the welfare of the workforce.
3. The rules contribute to the overall satisfaction, productivity, and retention of the employees
as they are able to avail of their entitled leave benefits.
4. The Civil Service Commission Omnibus Rule on Leave safeguards the rights and entitlement
of the employees to take leave and ensures that employees are able to receive the necessary
compensations and benefits while on leave for valid reasons.
5. The Omnibus Rule on Leave aims to resolve the issues and gray areas in government
workplace and thus enhance the efficiency of the government personnels. Omnibus Rules on
Leave serves as a comprehensive set of guidelines and regulations that govern the
administration and use of leave benefits for government employee.
6. The CSC aims to promote efficiency, transparency, and accountability in the management of
human resources within the public sector.

REFERENCES

Civil Service Commission (1998). Omnibus Rules on Leave. https://oshc.dole.gov.ph/wp-

content/uploads/2021/05/CSC-MC-41-s-1998.pdf

Civil Service Commission (2010). Omnibus Rule On Leave Rule XVI of the Omnibus Rules
Implementing Book V of EO 292. https://trd.zamitsolutions.net/resources/zSf5MJdW.pdf

17
Rule V: Incentives and
Rewards System
RATIONALE
This paper focuses on the discussion of Rule V: Incentives and Rewards System under
Republic Act 6713 or an act also known as the “Code of Conduct and Ethical Standards for Public
Officials and Employees”. On this paper, the researchers will highlight and shed some light on the
specific sections (sections 1-7) under the Rule V, which discusses the importance of incentives and
rewards in preserving and motivating highly skilled employees in the organization; and what are the
qualifications that an employee and officials should possess in order to gain incentives are rewards;
and further discuss the role of the Civil Service Commission (CSC) with regards to the distribution
of the incentives and rewards among employees.

LEARNING OBJECTIVES
 We hope that upon completing this paper, you will be able to:
• Evaluate the impact of incentives and rewards systems on employee performance
• Comprehend the types of incentives and rewards
• Explain some of the characteristics of the Civil Service and Commission
• Define the importance of the Ombudsman in overseeing the Committee in awards

CONTENT
Incentives and rewards serve as a powerful motivator and gives encouragement to employees
to excel in their jobs and perform at their best. Recognizing employees for their hard work and
contributions can make them feel valued and appreciated, which in turn increases employee’s
engagement and productivity, loyalty, and satisfaction with their job. Reward systems that are well-
aligned with organizational goals and values can drive employee efforts towards achieving those
objectives, ensuring that individual efforts contribute to the company's success.

Section 1.
This section stated that incentives and rewards shall be granted officials and employees who have
demonstrated exemplary service and conduct on the basis of their observance of the norms of conduct
laid down in Section 4 of the Code, namely:
(a) Commitment to public interest. This highlights the importance of prioritizing the public
interest over personal interest in public service. Contributing to the well-being and progress
of the society as a whole.
(b) Professionalism. Officials and employees shall perform and discharge their duties with the
highest degree of excellence, professionalism, intelligence, and skill. Employees who possess
professionalism show that an individual can act ethically and serve the public with
competence.
(c) Justness and sincerity. Respect is the important among public partners. Respecting the
differences of each individual regardless of their status, appearance, where they come from,
and their influence. Public partners shall refrain from doing acts contrary to law.
(d) Political neutrality. In public partners political neutrality is crucial as it ensures that the
employee serves the public interest without bias towards any political party or ideology. It
fosters public trust in the fairness, allowing for consistent and unbiased delivery of services
to all citizens, regardless of their political affiliations.
(e) Responsive to the public. Willingness to address concerns and listen to feedbacks helps build
trust and ensures that public service align with the actual needs and preferences of the public.
(f) Nationalism and patriotism. This can instill a sense of duty, inspiring public partners to work
diligently for the benefit of their nation. This kind of mindset can contribute to the strong
work ethic, dedication to uphold national values, and a genuine desire to positively contribute
to their country’s development.
(g) Commitment to democracy. Officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability and
manifest by deeds the supremacy of civilian authority over the military.
(h) Simple living. Officials, employees, and their families shall lead a modest lifestyle
appropriate to their positions and their income. They should not be blinded by wanting to live
an extravagant life and should continue to uphold public interest.

These values collectively contribute to the effectiveness, integrity, and ethical conduct of public
partners. By following these principles it fosters a culture of accountability, transparency, and brings
trust within public institutions, leading to better governance and the promotion of the public good
Section 2.
These are the criteria needed to be considered in conferring the awards:
(a) Years of service. It shows that an employee is committed to their work. By giving this award
shows that the organization values their employee’s contributions and also to motivate others
to continue their dedication and hard work.
(b) Quality and consistency of performance. By awarding those employee who continue to serve
quality and consistent performance further motivates them to maintain and even improve to
their standards because high-performing individuals are more likely to stay in an organization
that values and acknowledges the efforts that they bring to the organization.
(c) Obscurity of the position. This type of award is given to those employees who work at a low-
profile job. But regardless of the position that they hold, these employees still excel and
contributes to their organization.
(d) Level of salary. This can also be seen as a type of acknowledgement among employees who
has achieved an exemplary achievement; they will be rewarded with the equivalent of the
achievement they contributed to their work.
(e) Unique and exemplary quality of achievement. Acknowledging these achievements
encourages a culture where the employees strives for excellence and motivates other
employees to go beyond the standards.
(f) Risk or temptation inherent in the work. Recognizing the ability to manage and navigate risks
or temptations in the workplace is often a way to acknowledge the decision-making and
ethical conducts of the employees.
(g) Any similar circumstances or considerations in favor of the particular awardee. Recognizing
the different challenges that an employee may face in their positions fosters an inclusive and
fair workplace and creates an understanding work environment where every employee’s
hardships, efforts, and challenges are being recognized.

Section 3.
These are the lists of incentives and rewards that an employee may receive:
(a) Bonuses; or
(b) Citations; or
(c) Directorships; or
(d) Scholarship grants; or
(e) Paid vacations; and
(f) Automatic promotion to the next higher positions

Respected individuals with expertise in public service, ensuring impartiality and fairness in the
recognition process. The committee members will be appointed based on their knowledge and
experience in evaluating the contributions of public officials and employees. And respected
individuals with expertise in public service, ensuring impartiality and fairness in the recognition
process. And "Public Officials" includes elective and appointive officials and employees, permanent
or temporary, whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount.
The Civil Service Commission shall adopt positive measures to promote (1) observance of these
standards including the dissemination of information programs and workshops authorizing merit
increases beyond regular progression steps, to a limited number of employees recognized by their
office colleagues to be outstanding in their observance of ethical standards; and (2) continuing
research and experimentation on measures which provide positive motivation to public officials and
employees in raising the general level of observance of these standards. The Civil Service
Commission is hereby authorized to promulgate rules and regulations necessary to carry out the
provisions of this Act, including guidelines for individuals who render free voluntary service to the
Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or
omissions of public officials and employees which are in violation of this Act.

Section 4

• The Ombudsman co-chairman shall play a pivotal role in overseeing the Committee on
Awards, contributing to the fair evaluation and recognition of outstanding public officials
and employees.

• The Chairman of the Civil Service Commission (CSC) serves as the co-chairman alongside
the Ombudsman co-chairman, jointly leading the Committee on Awards for Outstanding
Public Officials and employees. This collaborative leadership ensures a comprehensive and
balanced assessment process.

• The Chairman, in collaboration with a member from the Commission on Audit (COA), will
collectively lead the Committee on Awards, leveraging their respective expertise to fairly
evaluate and recognize outstanding public officials.

• Two government employees, appointed by the President, will serve as members of the
Committee on Awards for Outstanding Public Officials. Their inclusion ensures diverse
perspectives and aligns with the commitment to recognize excellence in public service.

Section 5

Public officials and employees shall at all times be accountable to the people and shall
discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with
patriotism and justice, lead modest lives, and uphold public interest over personal interest.

Section 6

All departments, agencies and offices of the National Government are hereby enjoined to
establish their respective Rewards Programs consistent with the provisions of Section 6 of
Republic Act No. 6713 and the Rules Implementing the Code of Conduct and Ethical
Standards For Public Officials and Employees.

Section 7

These rules shall cover all officials and employees in the government, elective and
appointive, permanent or temporary, whether in the career or non-career service, including
military and police personnel, whether or not they receive compensation, regardless of
 amount. And Section 11. Penalties. — (a) Any public official or employee, regardless of
whether or not he holds office or employment in a casual, temporary, holdover, permanent or
regular capacity, committing any violation of this Act shall be punished with a fine not
exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year,
or removal depending on the gravity of the offense after due notice and hearing by the
appropriate body or agency. If the violation is punishable by a heavier penalty under another
law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act
shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding
five thousand pesos (P5,000), or both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.

SYNTHESIS/GENERALIZATION
1. Incentives and rewards contribute to the development of a positive organizational culture by
emphasizing the importance of recognizing and valuing employee contributions.
2. Incentives and rewards serves as a motivator and encouragement among employee to perform
at their best.
3. Public service is about upholding public interest over personal interest.
4. Public officials and employees shall at all times be accountable to the people and shall
discharge their duties with utmost responsibility.
5. All departments, agencies and offices of the National Government are hereby enjoined to
establish their respective Rewards Programs.
6. The committee members will be appointed based on their knowledge and experience in
evaluating the contributions of public officials and employees.

REFERENCES

The Lawphil Projects, A.L.F, Inc. (1989, February 20). Republic Act 6713. Lawphil. Retrieved from
https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html?fbclid=IwAR19RIEELdqjc18q91jIL
t0iGyIQ_MKk-C9_1VNAUn2sAG38PJLIi5DVmiI

Eighth Congress (1989, February 20). The Civil Service Commission.

https://www.ombudsman.gov.ph/docs/republicacts/Republic_Act_No_6713.pdf

(Sgd.) CATALINO MACARAIG, JR. 86 OG No. 28, 5091 (1990, July 9). Section 1.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/6281
 18
Rule 6 Duties of Public Officials and
Employees
RATIONALE
The code of conduct and ethical standards of public officials and employees plays a vital
role in every government employees, and public officials, this study aim to know and identify the
different rules implementing the Republic Act 6713. Furthermore, this study wants to explore how
these rules are crucial to the government official to maintain an effective and efficient service to the
public. This main goal of this paper is to analyze, concede and define the different rules implementing
the code of conduct and ethical standards of public officials and employees .

LEARNING OBJECTIVES
I hope that upon completing this chapter, you will be able to:
• Understand, concede, and define the code of conduct and ethical standards of public officials
and employees.
• Discuss and identify the rules number six entitled duties of government officials and
employees in implementing the code of conduct and ethical standards of public officials and
employees.
• Explain and apply the rules regarding the Republic Act 6713

CONTENT
Government personnel and public servants provide citizens with dependable and responsible
service. Understanding the Rules implementing the code of conduct and ethical standards of public
officials and employees or Republic Act 6713 will be the focus of this topic. However, as a Public
Administration student let me ask you. Are you knowledgeable about the rules in Republic Act 6713?
Is it useful? And what is your thought about this? To widen your knowledge let us offer the eight
rules to you so that you may become more aware about them as a potential public partner.

Rule VI
Duties of Public Officials and Employees

Section 1. As a general rule, when a request or petition, whether written or verbal, can be disposed
of promptly and expeditiously, the official or employee in charge to whom the same is presented
shall do so immediately, without discrimination, and in no case beyond fifteen (15) days from receipt
of the request or petition

Section 2. In departments, offices or agencies that are usually swamped with persons calling for a
particular type of service, the head of the department, office or agency shall devise a mechanism so
as to avoid long queues such as by giving each person a ticket number duly countersigned which
shall specify the time and the date when the person, whose name and address shall be indicated, can
be served without delay. Said person shall have the right to prompt service upon presentation of said
ticket number.

Section 3. In case of written requests, petitions or motions, sent by means of letters, telegrams, or the
like, the official or employee in charge shall act on the same
Within fifteen (15) working days from receipt thereof, provided that:
(a) If the communication is within the jurisdiction of the office or agency, the official or employee
must:
(1) Write a note or letter of acknowledgement where the matter is merely routinary or the action
desired may be acted upon in the ordinary course of business of the department, office or agency,
specifying the date when the matter will be disposed of and the name of the official or employee in
charge thereof.
(2) Where the matter is non-routinary or the issues involved are not simple or ordinary, write a note
or letter of acknowledgement, informing the interested party, petitioner or correspondent of the
action to be taken or when such requests, petitions or motions can be acted upon. Where there is a
need to submit additional information, requirements, or documents, the note or letter of
acknowledgment shall so state, specifying reasonable period of time within which they should be
submitted, and the name of the particular official or employee in charge thereof. When all the
documents or requirements have been submitted to the satisfaction of the department, or office of
agency concerned, the particular official or employee in charge shall inform the interested party,
petitioner, or correspondent of the action to be taken and when such action or disposition can be
expected, barring unforeseen circumstances.
(b) If communication is outside its jurisdiction, the official or employee must:
(1) Refer the letter, petition, telegram, or verbal request to the proper department, office or agency.
(2) Acknowledge the communication by means of note or letter, informing the interested party,
petitioner, or correspondent of the action taken and attaching a copy of the letter of referral to the
proper department, office or agency.
The department, office and agency to which the letter, petition, telegram or verbal request was
referred for appropriate action must take action in accordance with
Subsection (a), pars. 1 & 2 hereof.
The period of fifteen (15) days herein provided shall be counted of receipt of the written or verbal
communication by the department, office or agency concerned.
Section 4: all papers must be processed within the prescribed reasonable time or deadlines” refers
to a commitment or requirement to handle documents or paperwork within a specific, agreed-upon
timeframe.
“reasonable time” is a legal principle that pertains to the acceptable duration within which certain
actions, tasks, or processes should be completed. This principle is essential in various legal and
administrative contexts to ensure fairness, efficiency, and compliance with established norms or
regulations. The determination of what constitutes a reasonable time can be guided by the law or by
the head of an agency or department when specific timelines are not explicitly set by law.

Elaborating on the two points provided:

1. Prescribed by the Law:

• In some cases, laws, statutes, or regulations explicitly specify the timeframe within
which certain actions or processes must be completed. For instance, laws might
stipulate the time limit for filing legal claims, responding to requests, processing
applications, or delivering certain services.

• Legal frameworks can establish specific deadlines or timeframes to ensure that

processes are conducted fairly, efficiently, and within an acceptable timeframe. These
legally prescribed timelines serve as benchmarks to guide actions and decisions
within the legal or administrative system.
 2. If not prescribed by the law, the head of agency or departments must prescribe:

• When laws or regulations do not specify particular timeframes or deadlines for certain
actions or processes, the responsibility falls on the head of an agency or department
to establish reasonable timeframes.

• These individuals in positions of authority are often empowered to set internal policies
or guidelines that define acceptable timeframes for various processes within their
respective agencies or departments.

• The aim is to ensure that tasks are completed in a timely manner, even when specific
timeframes are not explicitly outlined in legal statutes. These internally set timeframes
aim to maintain efficiency, fairness, and the smooth functioning of operations within
the organization.
The following things are factor of considerations.
a) Nature of the Paper
b) Requirements
c) Lack of resources
d) Legal Holdbacks
e) Negligence of the other party
f) Force majeure

Section 5:
The guideline for handling signatures on official documents in an organization can be
summarized as follows:

To streamline processes and maintain efficiency, any written action or decision should involve a
maximum of three (3) signatures. This limit prevents delays caused by excessive approvals and
ensures swift handling of official paperwork.
In cases where an authorized person, like a dean, is unavailable due to being away from the campus
or for other valid reasons, the next in rank or a specifically designated officer in charge can sign the
documents on behalf of the absent authorized person. For example, if the dean is absent, a previously
designated officer within their faculty can sign documents requiring the dean’s signature.
It's crucial that the specific Indi”Idua’ authorized to sign on behalf of an absent signatory is officially
designated or prescribed by the agency or department. This designation ensures clarity and adherence
to established protocols when the primary signatory is unavailable.
Furthermore, the agency or department needs to clearly define the rules regarding who can sign on
behalf of an absent signatory. These rules establish a hierarchy or protocol to be followed when
determining the appropriate person to authorize or sign documents in the absence of the regular
signatory.
Overall, this guideline aims to simplify the authorization process by limiting signatures required,
ensuring operational continuity by allowing designated officers to sign in absence, and emphasizing
the importance of prior designation and clear rules for efficient decision-making and document
handling within the organization.
Section 6: all public documents must be available for public eyes for transparency. Underscores the
fundamental concept of transparency in governance and public administration. This principle is a
cornerstone of democratic societies and ensures that information and documents related to
government operations, decisions, and actions are accessible to the public.
Section 7: all heads, responsible officers per agency, department or gocc must pass a accomplishment
and performance report withing 45 working days from the end of the year.
Section 8: families of officials and employees must live a life appropriate to their income. It embodies
a principle of responsible and ethical behavior, emphasizing that the lifestyle of these individuals
should align reasonably with their financial means.

SYNTHESIS/GENERALIZATION
7. The government officials and employees with request of petition shall be written immediately
beyond (15) days from receipt.
8. The head of the department, office or agency, prescribes through an appropriate order of
priority among the officials.
9. All heads of departments and other offices and agencies of the government and GOCC’s
render 45 working days as prescribed by existing laws and regulations.
10. Officials and employees and their employees lead modest and simple lives appropriate to
their position and income

REFERENCES

NCDA ( 2023). Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees – IRR of RA 6713. https://ncda.gov.ph/rules-implementing-the-code-of-conduct-and-ethical-
standards-for-public-officials-and-employees-republic-act-no-
6713/#:~:text=As%20a%20general%20rule%2C%20when,of%20the%20request%20or%20petition.

19
REPUBLIC ACT NO. 6713 / Rule VII PUBLIC
DISCLOSURE Sec. 1-3 and Rule IX CONFLICT
OF INTEREST AND DIVESTMENT Sec.1- 2

I. RATIONALE
Upholding honored principle is a perfect way to minimize conflicting views about Public Officials and
Employees serving the government. In fact it is necessary for the public office to be a public trust, wherein
transparency is obliged and Conflict of Interest is reduced. In this study it will aid the understanding of what
should current Government Employees and Officials declared and what assessment to be in progress for those
in service, and this notion for consideration will increase accountability that what public officials should do
are related in legal manners based on what Republic Act No. 6713 had established for better partnership in
public.

II. LEARNING OBJECTIVES

This study will comprehend your understanding about what Public Officials and Employees disclosed to
public and what information are need to include when filling under oath there statements. Also this paper
aims to provide knowledge on the involvement of public employees whether it is a personal interest or arising
government conflicts in the service.
Hence, by reading this paper, you will:
• Informed about what public officials and employees disclosed under oath of their statements to public.
• Knowledgeable about the information that be filled by the public officials about there income,
relatives and its availability for public inspection.
• Recognize how conflicting interests arises between public officials and employees, And how it will
be avoided.
• Identify the parties involved and the subsequent punishment that may arise.

III. CONTENT
Rule VII Public Disclosure Sec. 1-3

Effective leadership can be reflected by being transparent whether to your personal assets or even in a
governmental processes. Have you ever wonder that some public officials is super rich that sometimes they
don’t want to disclose their wealth? But now we have the Law and legal basis for this matter and lets
understand and define what’s inside Public Disclosure on Republic Act 6713.
Section 1- Upon comprehending on this study it says that every official and employees shall file under oath
their statements of assets, liabilities and net worth and need to be disclosed all their business related activities
and financial connection. But there are exceptions here, those who serve in an official honorary capacity
meaning those people or workers that don’t received payment or any other forms of compensation. Its like an
voluntarily or those in temporary laborers basically not a permanent employee of the government, also
included here the contractual workers and the like. In addition those included on filing of statements are their
spouses and unmarried children under eighteen (18) years of age as prescribed form, Annex A.
1. The Statements of assets, liabilities and net worth shall contain the following: a) Real property, its
improvement, acquisition costs, assessed value and current fair market value. To see what their current
financial status and further assess where they get those properties, if possible for them they need to
provide certain validity or proof whether they obtain it from their compensation while working in a
government or they get if before assumption in the office. b) personal property and acquisitions cost
– this are the total cost on buying certain property like a house and its lot so when we talk about
acquisition cost it is the all in cost for acquiring new assets. c)the investment, cash on hand, or in
banks , stock , bonds and the like – it will be served as net worth on what is the total amount of money
a public officials or employees have in present. d) all financial liabilities both current and long term-
example here the bank loans, leasing agreements and other payables with interest- bearing financial
liabilities.
2. The Disclosure of Business Interest and Financial connection shall contain information on any other
existing interest , connection and any business enterprises and the like. The name and the addresses
of connection were established and any other details as will show for public disclosure and
transparency record.
When to file?
The above documents under the code must be filed, Within thirty (30) days after assumptions of office,
statements of which must be reckoned or calculate as of his first day of service. Or, on or before
April 30 of every year thereafter, or it can be possible if within thirty (30) days after detachment
from the service, statements of therein be calculated as of his last day of office. To ensure
accountability that a public office serve effectiveness and scrutinized all the information that made
available for public inspection.
Where to file?
Those mentioned above statements shall be filed by the:
1.) President, Vice President and Constitutional official Within the National Office of the
Ombudsman.
2.) Senators and the Ombudsman with the Secretaries of the Senate and the House of Representatives,
respectively Justices, with the clerk of court administrator, Judges with the court administrator
and the members of Cabinet, Undersecretaries and Assistant Secretaries. Including also the Heads
 of GOCC’s with original charters and their subsidiaries, State Colleges and Universities with the
office of the President .
3.) Regional and Local Officials and Employees both appointive and elective , with their Deputy
Ombudsman in their respective regions.
4.) Officer of the Armed Forces from the rank of Colonel or Naval Captain and those below said
ranks.
5.) Lastly, all other officials and employees approved on Republic Act No. 3019 as alter or made
revised by the CSC or Civil Service Commission in any form.
As stated in the Freedom of Information website, that every available information given by the officials and
employees are awareness outlining the positive purpose of open data about operations, programs , general
activities that reflects in the government processes. Further more this will be available to anyone in website
of data.gov.ph without the need to gather several written request means it is accessible via public inspection.
Every officials and employees shall also execute within thirty (30) days of their assumptions of office the
necessary authority in favor of the Ombudsman to obtain. Including to BIR those documents containing your
assets, liabilities and net worth in addition, your business interest, connection in previous years if possible.
For the married couples whose both working in a government you may file the required documents jointly or
separately.
Section 2 - All officials or employees also need to disclose under oath in the best of their knowledge their
relatives in government up to the fourth civil degree of consanguinity or affinity. Include here the bilas, inso
and balae and the like, within 30 days after the first assumption in office and this will serve as basis on who
can stay, enter the position in government. This is to end the dynasty in the government, so that all have the
chance to serve and contribute to society most especially to the public.
Section 3 - All statements filed in accordance with the proceeding sections need to be available in public for
inspection anytime. This also available in website of government for public inspection but in reasonable hours.
Those statements need to make or readily available for reproduction or copying, after 10 working days by the
time they are filed as required by the law, unless extended for meritorious or acceptable reason. Any
authorized person requesting for reproduction of copy shall pay required fees. The reasonable fee is processed
by the Civil Service Commission to cover the cost of reproduction or even mailing of such documents also
you are required to pay the reasonable fee for the copy of certificate released. Those said statements that are
filed should be available for 10 years limitations unless extended by the court for ongoing investigation. The
Statements may be destroyed after such period thereafter.

Rule IX Conflict of Interest and Divestment Sec. 1-2

In a professional setting, many people employed must and should display a sense of professionalism. This is
especially true for people who are serving the public. The Code of Conduct and Ethical Standards must be
and should be taken into heart and should not be taken , Into lightly as the actions of public officials and the
employees under them show the common people what kind of officials they are if not taken seriously.

Definition of Conflict of Interest and Divestment

Conflict of interest, in simple terms, is a situation wherein one person is in a position wherein they are able to
gain personal benefit when doing something that can compromise their judgment, decision, or actions. A great
example of this is when an employee or public official takes bribes or special favors in order to promote
someone or something. This then becomes a biased opinion and can cloud the judgment of the people they
are leading. To combat this, organizations or businesses typically bar people who they deem to have a Conflict
of Interest, thus giving a more fair and unbiased review or votes. But for public officials, it is best always best
kept that they show no conflict of interest and should always put their public service first and for the betterment
of the community before themselves which highlights the title of their job which is Public Servants.
Divestment is the opposite of investment. Instead of buying shares and other assets, they instead sell all of the
shares and assets they have. Divestment is one of the MANDATORY punishments that will occur when a
person in question is found guilty of Conflict of interest.

Penalize and Actions

If a public official or employee is found guilty or an issue arises that accuses them of Conflict of Interest, the
offending party MUST and SHOULD resign from their position within thirty (30) days when found guilty of
said action. This is to prevent further disgrace and shame for the title that they are holding. Additionally, they
are required to divest all of their investments and assets within sixty (60) days since all of this will become
useless to them as they resign. This action is MANDATORY even if the official or employee resigns from his
position. Lastly, the divestment of assets and investments must be done IN PERSON other than their spouse,
and relatives within the fourth civil degree of consanguinity or affinity. Though a side not, people who are
authorized by law and those who served the government in an honorary capacity nor to laborers and casual or
temporary workers do not fall within the requirements of divestment.

What are the interests?

There are four types of interests
1. Direct Interests – Includes the individual’s own personal self-interest be it family obligation or
personal business interests
2. Indirect Interests – These includes the personal, family, and business interests of people or group of
people whom the individual is associated with
3. Financial Interests – This includes monetary value, share ownership, or commercial dealings.
4. Non-financial Interest – Mainly involved with personal or familial relations and other potential
sources of bias.
What are the 6 common types of Conflicts of Interest?
1. Self-Dealing – usually occurs when a person, usually in a high-ranking official, acts on their own best
interest at the expense of the business or their clients.
2. Nepotism – is a form of favoritism for a family member or friends where they gain job opportunities
based solely on the relationship instead of the qualifications.
3. Excess Compensation – When an organization compensates an employee far more than they do other
similar roles.
4. External Employment – When a person works more than one job in the same sector as the person
working may be able to gain proprietary information and use that information for the second job.
5. Gifts – Gifts from external interested parties to gain an advantage and accepting them is a type of
conflict of interest.
6. Stock Manipulation – An impactful conflict of interest occurs when stockbrokers promote the value
of a security they own to artificially inflate the price and sell their shares.

Table 1. Definition of Conflicts of Interests by Various Authors

Dictionary Definition

A conflict between a person’s private interests and his or her official responsibilities

General Business Definitions

A conflict of Interest occurs when a person or entity becomes untrustworthy due to a clash between personal
(or self-serving) interests and professional duties or responsibilities. When a company or individual has a vested
interest—such as money, status, knowledge, relationships, or reputation—it calls into question whether their
actions, judgment, or decision-making can be unbiased.

A conflict of Interest occurs when a person’s personal interests – family, friendships, financial, or social factors
– may impair his or her judgment, decisions, or actions at work. Conflicts of interest are taken so seriously by
government agencies that they are regulated
 A conflict of interest occurs when personal (or self-serving) interests collide with professional duties or
responsibilities, making an entity or individual untrustworthy. When a company or individual has a vested
interest—for example, money, status, knowledge, relationships, or reputation—it calls into question whether
their actions, judgment, and/or decision-making can be objective.
Economics Definition

A conflict of interest exists when one party to a transaction stands to profit from actions that are harmful to its
counterparty.

IV. SYNTHESIS/ GENERALIZATION

Public office is a public trust, transparency is what needed for the cooperation of everyone because how could
you be sure that public will believe in you, if you cannot disclosed your information to public about your
wealth, business related matter and your property at real time. It will reflected here your effectivity in service,
those information are need to be available for awareness of the public as they should be the number one
concern above anything. A true and caring public officials or employees are responsible and accountable for
the public with there information and this is the definition of a good leader. Also for the public that they need
to be responsible for those information as it is available anytime without written request, therefore cooperation
is vital for smooth and fast transaction in government services. And it adhere in the code that if you wish to
enter or to have a position in the government you should assess yourself first if you can comply on the rules
like disclosure of your information through public or as honest as you can to provide true statement then you
are welcome to serve the public with more limitations because it is the basic rule to provide, as for you to be
accountable and responsible and also effective leader. Now that public are aware of with their rights of
information this paper hoping to guide them better as what they want to foresee. The Freedom of Information
are available for quality information and making sure for the compliance of those officials without ruining
their integrity, therefore it will guide the general public for better knowledge and awareness.
While the summary information through conflict of interest and divestment, conflict of interest usually entails
two parties it person to person, business to business, Person to business, or business to person. The main
common thing is that it involves two parties. Where both parties have something to gain whilst throwing away
their own ethical code. And then Conflict of interest will always occur, thus staying true to becoming a
professional, and following a code of conduct usually helps one person from being trapped in a conflict of
interest. The common types of conflict of interest usually occur in a daily basis. And lastly the types of interest
are not usually done individually but in most cases, a mix of the four types and that’s all it will be reflected in
the conflict of interest in the government.

V. REFERENCES
“RULES IMPLEMENTING THE CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC
OFFICIALS AND EMPLOYEES REPUBLIC ACT NO. 6713”
https://drive.google.com/file/d/1ohKLo5GkW5w_s5X7YpYdX-CmA-AYstfM/view?usp=drive_link
“FREEDOM OF INFORMATION PEOPLE’S MANUAL, ANNEX B”
https://psa.gov.ph/sites/default/files/kmcd/FOI%20Annex%20B%20Peoples%20Manual%20final_0.pdf
Birth, J. (2023)“ Conflict of interest: Definition, examples, and tips” |
https://www.indeed.com/career-advice/career-development/conflict-of-interest

Merriam-Webster. (n.d.). “Conflict of interest definition & meaning.”

https://www.merriam-webster.com/dictionary/conflict%20of%20interest

PeopleHum (n.d.). “What is conflict of interest?. Conflict of Interest.”

https://www.peoplehum.com/glossary/conflict-of-interest

Segal, T.( 2023) “Conflict of interest explained: Types and examples.

Investopedia.”
https://www.investopedia.com/terms/c/conflict-of-interest.asp

“Understanding conflict of interest. University Compliance, Ethics, and Risk.” (n.d.).

https://compliance.ucf.edu/understanding-conflict-of-interest/

20
Overview of the Grounds for
Administrative Disciplinary Action
I. RATIONALE
The adoption of Rule X, which outlines the grounds for administrative disciplinary action
against government officials and employees in the Philippines, is a critical step in ensuring ethical
standards, accountability, and openness in public services. This rule aims to strengthen the integrity
of the public sector by addressing various forms of wrongdoing and conflicts of interest that can
jeopardize the impartiality and effectiveness of government operations. Rule X serves as a critical
mechanism for deterring unethical activities by precisely identifying banned behaviors, such as
financial conflicts, private sector associations, illegal professional practices, and improper
acceptance of gifts. Furthermore, the terms of regulation extend beyond the tenure of public officials,
guaranteeing that individuals are held accountable for their acts even after they leave public service.
The purpose of this paper is to thoroughly investigate the significance and effectiveness of Rule X
in protecting the public interest, promoting ethical behavior, and developing trust in the Philippine
government's ability to serve its residents with the utmost expertise and dedication.

II. LEARNING OBJECTIVES

• Rule X and its implications in the context of administrative disciplinary actions are
thoroughly examined.
• To investigate the legal and ethical ramifications of Rule X's different acts and omissions.
• To investigate the possible consequences of Rule X for public officials, workers, government
agencies, and the general public.
• To highlight the major lessons and consequences for policymakers, lawyers, and the general
public.
III. CONTENT

The absence of ethical standards leaves people, groups, and society to sank in moral
emptiness. As a compass that directs our behavior, choices, and relationships, ethics helps us
discriminate between good and wrong and lay the groundwork for mutual respect and collaboration.
Without these rules, there would be no framework for compelling honesty, responsibility, and
equitable treatment.

Rule X plays a pivotal role in maintaining ethical conduct in public service for several
compelling reasons. First and foremost, it serves to prevent conflicts of interest among public
officials, ensuring that they prioritize the interests of the public over personal gain. By regulating
financial interests and private enterprise involvement, it establishes a clear boundary that maintains
transparency in government operations. Furthermore, Rule X enhances accountability by outlining
disciplinary consequences for ethical breaches. Public officials are well aware that any violation can
result in administrative disciplinary actions, including suspension or dismissal, incentivizing them to
act ethically. Another significant contribution is its role in corruption prevention. The provisions
within Rule X act as a powerful deterrent to corrupt practices. Public officials being prohibited from
gaining financially from their office or accepting gifts and gratuities significantly reduce the
opportunities for corruption. Maintaining public trust is also a critical facet. Ethical conduct is
essential to build and retain the public's trust in government institutions. When citizens believe that
government officials act in their best interests and not for personal gain, it fosters confidence in the
government's ability to serve the public good. Additionally, Rule X safeguards the public interest,
ensuring that government officials make decisions and take actions for the benefit of the public rather
than for personal gain or favoritism. This contributes to the fair and consistent functioning of
government, where everyone, regardless of their position or rank, is held to the same ethical
standards. Ultimately, Rule X acts as a check on the abuse of power within the public service.
Without such ethical guidelines, public officials may be prone to abusing their authority for personal
gain, potentially harming the public interest. Rule X creates a culture of integrity, accountability, and
transparency in government, serving the best interests of the public and ensuring that public officials
act with the utmost professionalism and responsibility.

Establishing standard grounds for administrative disciplinary action is critical for ensuring
transparency, accountability, and ethical behavior in the government. These established regulations
level the playing field for all public officials and staff, assuring consistency of treatment and a clear
framework for dealing with wrongdoing. These principles assist in avoiding corruption and
promoting the value of integrity in public services by precisely identifying forbidden acts, such as
conflicts of interest, unethical behavior, and abuse of authority. They play an important role in
preserving public trust in government institutions by displaying a commitment to upholding ethical
norms and holding those who violate them accountable.

(a, b) Financial and Material Interests. Officials and employees are prohibited from having
financial or material interests in deals that require their office's approval. For instance, a government
official with shares in a company seeking approval for a public contract might be influenced by
personal financial gain rather than the public good. By enforcing this rule, regulatory bodies aim to
maintain the integrity of decision-making processes, ensuring officials prioritize the public interest
over personal financial considerations. Such measures foster transparency, accountability, and public
trust in the governance of public affairs.

(c) Private practice of professions. Officials and workers are prohibited from pursuing their
profession privately unless approved by law or regulations, unless they conflict with their official
obligations. This prohibition is in place to prevent conflicts of interest and ensure that individuals in
public service dedicate their full attention and efforts to their official responsibilities. Exceptions
may be granted through legal or regulatory approval, but only when such private pursuits do not
compromise the individual's ability to fulfill their official obligations impartially.

(d) Recommendations. Officials are prohibited from suggesting individuals for positions in
private firms in connection with official transactions involving their offices unless required by law
or international agreements. Such restrictions safeguard against favoritism, nepotism, and undue
influence in the selection process for private sector positions. Exceptions to this rule should be strictly
delineated by law or international agreements to ensure that any recommendations made are in the
public interest and not driven by personal connections or interests.

(e) Prohibition Period and Violations After Leaving Office. Certain actions after resignation,
retirement, or separation from public offices were prohibited for one year. Violations committed
upon re-entry into government services may result in administrative disciplinary actions.

(f) Gifts and Gratuities. With some exceptions mentioned in the rules, officials are prohibited
from soliciting or accepting gifts, gratuities, or anything of monetary worth in connection with their
official duties. By setting clear boundaries, this rule helps prevent undue influence, bribery, and
conflicts of interest. While certain exceptions may be outlined in the rules, the overarching principle
is to ensure that officials prioritize the public interest over personal gain and that their decisions are
not compromised by the acceptance of gifts. This measure contributes to fostering public trust,
transparency, and accountability in the conduct of official duties.

(g) Obtaining or Using Statements Contrary to Morals or Public Policy. Prohibits officials
from collecting or exploiting statements submitted under the Code for purposes detrimental to
morals, public policy, or commercial gain other than for general public distribution through the
media.

(h) Unfair Discrimination. Discrimination against providing public services based on political
affiliations or preferences is prohibited. This rule aims to ensure that public services are delivered
without bias, irrespective of individuals' political beliefs. By preventing unfair discrimination, this
policy helps maintain the integrity of public institutions and reinforces the idea that access to public
services should be determined solely by objective criteria rather than political considerations.
Upholding this standard fosters a democratic and inclusive society where citizens can expect
equitable treatment in their interactions with government entities.

(i) Disloyalty to the Republic and the Filipino People. Disloyalty to the Philippines and
Filipinos was prohibited. This rule underscores the expectation that individuals, especially those in
positions of responsibility, should act in the best interests of the Philippines and its citizens. Acts of
disloyalty, such as engaging in activities that undermine the nation's security or interests, are
prohibited to ensure the unity, stability, and prosperity of the country. This measure serves to protect
the integrity of public service and reinforces the commitment of individuals to the greater good of
the Republic and its people.

(j) Failure to Act Promptly on Letters and Requests. Officials are required to respond to letters
and requests within fifteen (15) days of receipt, with the exception of the guidelines. This rule seeks
to ensure efficiency in public service, enhance transparency, and demonstrate a commitment to
addressing the concerns of citizens. By setting a clear timeframe for response, this measure not only
facilitates effective communication between the government and the public but also promotes a
culture of responsiveness and accountability among officials. The exceptions outlined in the
guidelines provide flexibility, recognizing that certain circumstances may require additional time for
thorough consideration and appropriate action.

(k) Failure to Process Documents and Complete Actions. Officials are required to process
paperwork and perform activities within a reasonable amount of time, with the exceptions stated in
the rules. This requirement underscores the commitment to timely and responsible governance,
minimizing bureaucratic delays and enhancing overall service delivery. The exceptions outlined in
the rules provide a framework for flexibility, recognizing that certain circumstances may warrant
additional time for thorough consideration or complex decision-making processes. This measure
aims to uphold the principles of accountability and responsiveness in public administration,
promoting a streamlined and effective government apparatus.

(l) Failure to Attend to the Public and Act Promptly. Officials are prohibited from failing to
respond to individuals seeking services or from acting quickly in public transactions. This rule
emphasizes the importance of timely engagement with the public, ensuring that citizens receive the
assistance and attention they require in a prompt and efficient manner. By setting this standard, the
measure seeks to cultivate a culture of public service excellence, enhancing public trust and
satisfaction. This prohibition reinforces the commitment of officials to address the needs of the public
promptly, thereby contributing to the overall effectiveness of government operations.

(m) Failure to file worn asset and liability statements Officials must file sworn statements of
their assets, liabilities, and net worth, as well as declare their business interests and financial
connections. This measure ensures that officials disclose relevant financial information, allowing for
scrutiny of potential conflicts of interest and illicit financial activities. By requiring these sworn
statements, it establishes a framework for monitoring and verifying the financial integrity of public
servants, thereby reinforcing the public's trust in the ethical conduct of government officials. This
disclosure mechanism is a fundamental aspect of good governance, contributing to the overall
integrity and credibility of public institutions.

(n) Failure to Resign or Divest from Private Business Enterprises. When a conflict of interest
occurs, officials must resign from private business businesses within thirty (30) days of taking over
public office. Similarly, if a conflict of interest occurs, they must divest their shareholdings or
interests in private firms within sixty (60) days after taking public office. These regulations are
intended to promote integrity, prevent conflicts of interest, and ensure ethical behavior among
Philippine public officials and employees, with administrative disciplinary procedures defined for
infractions.

IV. SYNTHESIS/ GENERALIZATION

• Rule X is a comprehensive framework within the Philippine government that plays a

fundamental role in ensuring ethical behavior and accountability among public officials and
employees. It is designed to set the ethical standards and guidelines that government
personnel must adhere to in their roles and responsibilities.
• Addressing Wrongdoing and Conflicts of Interest. Rule X is a crucial tool for addressing
various forms of wrongdoing and conflicts of interest that can undermine the effective and
impartial functioning of government operations. These can include actions such as
corruption, nepotism, and practices that compromise the integrity of the public service.
• Deterrence of Unethical Activities. Rule X serves as a deterrent against unethical activities
by explicitly outlining prohibited behaviors and the consequences of violating these
 standards. This clarity leaves no room for ambiguity and sends a strong message that
unethical actions will be met with disciplinary actions.
• Preventing Conflicts of Interest. One of the primary objectives of Rule X is to prevent
conflicts of interest. It does this by establishing a clear boundary between the personal
interests of public officials and their duty to serve the public interest. By regulating financial
interests and private enterprise involvement, it ensures that government actions remain
transparent and focused on the public good.
• Promoting Accountability. Rule X enhances accountability by specifying the disciplinary
actions that can be taken in response to ethical breaches. This promotes a culture of
responsibility among public officials, as they are aware that violations may lead to
administrative disciplinary actions, including suspension or dismissal.
• Fairness and Consistency. By establishing standardized grounds for disciplinary action, Rule
X ensures fairness and consistency in addressing ethical violations. This means that all public
officials and staff are held to the same ethical standards, creating a level playing field and a
clear framework for dealing with wrongdoing. This fosters trust in the government's
commitment to upholding ethical norms and ensures that violations are consistently
addressed.

References:

CARINO, L. V. (2008). TOWARDS A STRONG REPUBLIC: ENHANCING THE

ACCOUNTABILITY OF THE PHILIPPINE STATE. Public Administration Quarterly, 32(1), 59–
92. http://www.jstor.org/stable/41288305

RULES IMPLEMENTING THE CODE OF CONDUCT AND ETHICAL STANDARDS FOR

PUBLIC OFFICIALS AND EMPLOYEES (REPUBLIC ACT NO. 6713). (n.d.).
https://www.ombudsman.gov.ph/docs/republicacts/Implementing_Rules_of_RA_6713.pdf

21
REVISED RULES ON ADMINISTRATIVE
CASES IN THE CIVIL SERVICE
RULE 3-7
RATIONALE

This paper discusses rules 3 to 7, each of which serves a specific purpose and is designed to
ensure accountability in the handling of administrative cases in the civil service. This course will
give some explanation of the various rules regarding the administrative case, such as those associated
with the complaint, primary investigation, formal charge, answer, and preventive suspension. In this
module, you will gain insight into who can file a complaint, how to conduct a preliminary
investigation, when to initiate formal charges, what the respondent should provide to be able to
address the accusations, and what entails a preventive suspension. It is important to understand that
administrative procedures significantly assist the organization by providing guidelines and rules for
the management of every employee and official in the government. It also helps in contributing to
the credibility of disciplinary actions by guaranteeing that policies and decisions are applied
honestly, fairly, and systematically. By the end of this discussion, you will figure out the advantages
of adhering to an administrative proceeding and why an employee should conform.

LEARNING OBJECTIVES:

Once you finish reading this, you will be able to understand the following:

• What are the rules 3, 4, 5, 6, and 7 in the revised rules on administrative cases in the civil
service all about?
• To have a comprehensive understanding of who can file complaints, the requirements needed
for a valid complaint, and the process for administrative proceedings for complaints.
• To analyze the importance of responding to an administrative case and to be aware of
potential measures that may be imposed during the administrative proceedings.

CONTENT

Section 10-19

According to Francisco Duque, the Civil Service Commission is the premier human resource
institution that is responsible for promulgating rules and procedures to maintain the discipline of civil
servants. Its purpose is to supervise hiring and promotion processes, manage civil servant
employment and working conditions, and promoting public service principles. The Administrative
Code of 1987 mandates the Commission to promote efficiency, morale, responsiveness,
effectiveness, and courtesy in the Civil Service. With the Revised Rules on Administrative Cases in
the Civil Service, the Commission can ensure that it seeks to establish explicit guidelines and
procedures in dealing with concerns involving misbehavior, incompetence, and inefficiency of
employees of the government. These guidelines are the basis for the investigation and disciplinary
actions against those who violate the work ethics and performance standards in public service. This
ensures that employees are mindful that there is an equivalent consequence for their actions following
due process for every administrative case.

Rule 3

COMPLAINT

Section 10. Who May Initiate.

Complaints can be filed against a government employee who exhibits violations of the civil service.
According to the Department of Education website, administrative proceedings are the actions taken
regarding acts or omissions of employees that appear to be illegal, unjust, or inefficient, including
but not limited to an administrative case. Section 10 of Rule 3 states that administrative proceedings
can be initiated either by the disciplining authority which refers to individuals who have the authority
to impose penalties and disciplinary actions provided by the law against employees who violated the
rules and policies with its motu proprio that pertains to any action of the disciplining authority on its
own initiative without the request of external complaints or another person. Administrative
proceedings can also be initiated by any other person or if someone files a formal complaint against
an employee presenting evidence and accusations. It is deemed important that the disciplining
authority act in investigating the concerns and disciplinary actions based on the findings of the
investigation. Through this, it will give assurance that possible violations can be detected and
subjected to investigation whether complaints are detected internally or reported by concerned
individuals.

Section 11. Requisites of a Valid Complaint.

There is a basis for a complaint to be valid and it is one of the important elements that the disciplining
authority is considering before commencing administrative proceedings. In order for a complaint to
be given due course or commencement of proceedings against a public official, the complainant must
file a complaint that is in the form of writing, subscribed, and sworn under oath. This is a crucial
requirement because this ensures accountability and that there is an existing primary witness which
is the complainant itself presenting the accusations and pieces of evidence that will support his/her
claims. It also states that when the complaint was initiated by the disciplinary ng authority, a show
cause order which is a written document issued by the disciplining authority requiring an employee
to explain within a given period for alleged misconduct, will be sufficient to initiate the proceedings
for the complaint. Anonymous complaints are not accepted and may be viewed as lacking credibility
since it is impossible to confirm the authenticity of the information. However, if the anonymous
complaint's allegations are backed up by reliable information, they may be taken into consideration
or approved. Written in triplicate copies, the complaint must be written concisely, clearly, and in
simple language to inform the accused about the nature and cause of the complaints and accusations
and allow him/her to understand the content and message of the complaint so that the person accused
can prepare the defense that he/she will use to defend the accusations and to answer intelligently
about the issue. Writing in a clear, concise, and simple manner will allow a better understanding
from both parties and allow fair and just investigation within the proceedings. If there are multiple
accused individuals, there is a need for multiple copies of the complaint in order for every person
who complained to have their own copy of the complaint against them. There are certain requisites
or requirements that a complaint must contain in order to continue the proceedings and prevent it
from being dismissed. If any complaint lacks any of the stated requirements below, it may be
dismissed but it can be refiled if it complies with the specified requirements. It is important for a
complaint to comply with the said requisites to verify the legitimacy of the allegations against a
public official or employee. This includes:
• Full name and address of the complainant.
• Full name and address of the person/s complained of as well as his/her/their position/s
or office/s.
• A narration of the relevant and material facts that show the acts or omissions allegedly
committed.
• Certified true copies of documentary evidence and affidavits of his/her witnesses, if
any; and
 • Certification or statement of non-forum shopping proving that the complainant did
not submit the same complaint to more than one forum in order to prevent decisions
from being in conflict.

Section 12. When and Where to Complaint.

It is necessary for people to be knowledgeable about when or where to complain if employees

potentially violate policies that exhibit misconduct or misbehavior. This is to make sure that
competency, professionalism, and service delivery efficiency are monitored and maintained. This
also constitutes the accountability of every public official and employee to give every individual the
right to file a complaint if they experience or observe wrongdoings in public service. It is stated that
filing of the administrative complaint can be made at any time without any restrictions that allow
flexibility in reporting to any of the Regional Offices of the Civil Service Commission including the
department, agency, province, city, and municipality heads. This allows multiple venues for the
reporting of complaints and flexible time for the convenience of people and to make sure that every
complaint is entertained and addressed.

Section 13. Withdrawal of the Complaint.

A complaint filed by a complainant is assessed and investigated thoroughly by the disciplining

authority especially if there is a credible basis of information about the allegations against any public
official or employee. There is a need to examine the submitted complaint with the supporting
evidence in order to make sure that wrongdoings inside the public service will be addressed and this
will entail every employee's accountability. If a complainant withdraws the complaint, he/she filed,
this doesn’t mean that the complaint will be dismissed right away considering that there is a strong
basis to continue the investigation and the administrative proceeding. It is deemed important that
the disciplining authority will not disregard the obvious evidence for the accusations and impose
appropriate actions against the employee involved.

Section 14. Action on the Complaint.

A timely response is crucial to take appropriate action for an administrative complaint. This will
reflect the efficiency of the disciplining authority to give the right attention to every complaint. It
states that when the disciplining authority receives receipt of a valid complaint meaning it meets the
requisites where it is properly filed containing all the requirements of a valid complaint, the
disciplining authority must inform and give order to the accused employee or official to submit a
formal written response or a Counter-Affidavit or comment against the allegations. This shows that
accused individuals are given their right to be heard against the allegations and will show a fair and
just investigation. It is also stated that it is the disciplining authority that requires the person accused
must submit a formal written response under oath within 3 days after receiving the order. It is
important that administrative proceedings follow the timeframe of addressing the complaint in order
for the case to be addressed within the timeframe and for the smooth proceedings of the case toward
an efficient resolution.

Rule 4

PRELIMINARY INVESTIGATION

Section 15. Preliminary Investigation; Definition.

Preliminary investigation as stated under section 15, is a process initiated for determining if a prima
facie case exists which means there is sufficient evidence that the person complained may have
committed misconduct or violation in order to support the filing or issuance of a formal charge. This
is a way to determine or investigate if there is a credible basis to issue a formal charge which pertains
to a document informing the accused about the nature of the offense charged to him/her. It is where
the assessment of evidence is undertaken to ascertain that the allegations against the employee or
official are true and legitimate. Identifying the facts is a crucial step in the preliminary investigation
and entails a thorough examination of the submitted evidence or documents from both the
complainant and the accused. Ex parte examination which means that a preliminary investigation can
be initiated exclusively using the documents or evidence provided by the complainant without the
participation of the accused individual. Preliminary investigation is important to make sure that the
evidence submitted constitutes credibility and adequacy. It is where documents and evidence are
examined with their validity and legitimacy in order to determine if a prima facie case exists to
support the allegations and allow administrative proceedings to move forward to the next step.

Section 16. How Conducted.

Preliminary investigation has a process and with this, fairness and thorough investigation will be
ensured. It is stated in Section 16 that it is the obligation of the accused individual to submit a counter
affidavit, answering the allegations against a complaint within 5 days and it will serve as the accused
formal response. If the disciplining authority initiated the complaint against an employee, a show
cause order is issued to explain to the accused individual why there should be no administrative case
shall be filed. The preliminary investigation will proceed even without the counter affidavit of the
accused. Failure to submit the comment of an accused is a waiver of their right to be heard that is
why it is important to be compliant so that the accused can defend his/her side of the story. Section
16 emphasizes the procedural steps in conducting a preliminary investigation and why a timely
response to a complaint is important. It also gives attention to the right of the accused to be heard
and allows a fair and just investigation.

Section 17. Duration of the Investigation.

Timeframe needs to be considered in conducting administrative proceedings to ensure a timely

response to a filed complaint. This is significant to give appropriate actions to potential violations of
the policies and misconduct of employees in the public service. It is stated that after the disciplining
authority receives the complaint, the preliminary investigation must be started or commenced by the
disciplining authority not later than 5 days. It is also stated that a preliminary investigation must end
or be terminated within 20 days. This ensures that every complaint will be given close attention
within the time or number of days provided by the law to conduct the preliminary investigation.

Section 18. Investigation Report.

A reasonable timeframe must be provided for the completion of the preliminary investigation which
entails gathering facts and reviewing supporting documents and evidence to ensure precise
resolution. Section 18 states that after the termination of the preliminary investigation, the
investigating officer appointed by the disciplining authority must submit an investigation report
within 5 days which includes an overview of the results, findings, and supporting evidence. Most
importantly, the investigating officer must include recommendations based on the findings on
whether a prima facie case exists to issue a formal charge or a recommendation not to proceed with
disciplinary action due to a lack of credible evidence. The investigating officer plays an important
role in the resolution of the complaint by providing all the relevant information about it that will
strongly determine whether a complaint will move forward or be dismissed. This investigation report
will allow the disciplining authority to make informed decisions regarding the complaint for an
accurate, fair, and just resolution.

Section 19. Decision or Resolution After Preliminary Investigation.

The establishment of a prima facie case in the preliminary investigation will be the primary basis for
the issuance of a formal charge against the accused individual or the dismissal of the complaint. Take
note that when we say prima facie case, it is established when there is sufficient evidence or proof to
indicate the complained individual is accountable for allegations of committing misconduct and
violations. If a prima facie case is established or does exist in the complaint, the issuance of a formal
charge or notice of charge will be issued. However, the absence of a prima facie case will result in
the dismissal of the complaint where no disciplinary actions will be imposed on the persons accused.
This section emphasizes the importance of the existence of a prima facie case to impose disciplinary
actions where evidence and credible information will support the complaint. Fair and just decision
or resolution is ensured under this section.

Section 20-29

As mandated by the 1987 Constitution, the Civil Service Commission was created to monitor,
recruit, promote, and select government employees who advocate for the role of maintaining the
integrity, efficiency, and professionalism of the civil service. The Civil Service Commission, which
is widely recognized as a merit-based system, assists in ensuring a competent service by not relying
solely on personal favors and political relationships. Ensuring accountability and transparency is a
major responsibility of the Civil Service Commission. Even so, considering the assigned duties of a
particular employee, the assessment of complaints regarding any inappropriate behavior will play an
important part throughout the process. Clearly established rules on matters of professional conduct
will be useful as a guide in the attainment of a work culture that signifies equal opportunities in
public service. Furthermore, everyone who is guilty and disregards any ethical standards may
encounter consequences.

Rule 5

FORMAL CHARGE

Section 20. Issuance of a Formal Charge; Content.

The establishment of a prima facie case plays an important role in the administrative proceedings of
a complaint and in order to issue a formal charge against an employee being complained by the
disciplining authority. At this point, the accused person is called the respondent. A formal charge is
issued after finding a prima facie case that emphasizes the grounds of findings in the preliminary
investigation. Section 20 states the content of a formal charge. This must contain the details of the
charges, a short overview of relevant facts, certified true copies of documented proof, and sworn
statements of the testimonies of the witnesses, to inform the respondent to respond to the indicated
charges in writing and sworn under oath within 72 hours or 3 days. Additionally, the respondent
should be advised to indicate in the answer whether he/she wants to pursue a formal investigation of
the charges and notify the respondent to be assisted by a legal counsel during the proceedings. This
section ensures that there will be clarity and fairness in the proceedings.

Section 21. Notice of Charge/s.

With the ability for each party to present a case that demonstrates equal treatment, this notice ensures
that the disciplinary process is equitable. This notice is accompanied by the pertinent documents that
have been submitted, copies of the complaint, a sworn statement, and other materials. When they
have all the information needed to invalidate the charges, employees might be better able to
understand the accusations that have been made against them. Given that the accused employee has
the right to present their side of the story, it is of the utmost importance that this part of the
administrative proceedings be incorporated. Without this notice, employees would not be able to
effectively respond to the charges brought against them. This merely serves to emphasize how
impartial and fair administrative case resolution is, with the preservation of the civil service system's
integrity being the primary objective.

Section 22. Prohibited Pleadings.

It is true that the employee who is being accused—referred to as the respondent—has the opportunity
to give their interpretation of the story. However, regulations still exist to control their behavior and
make sure they are abiding by the rules that the disciplining authority has established. Prohibited
pleadings, or, to put it simply, the types of pleadings that are not permitted in the administrative
proceedings, are the focus of Section 22 of Rule 5. The following are the prohibited pleadings: the
disciplining authority should not entertain requests for clarification, bills of particulars, motions to
dismiss or quash, or motions for reconsideration. Essentially, these prohibitions ensure that the
administrative process functions smoothly while also treating both parties with courtesy and
consideration.

RULE 6
 ANSWER

Section 23. Requisites and contents.

It is now the respondent's responsibility to comply with the various requirements in order to be
prepared for the upcoming administrative case and to properly defend themselves. The requisites and
contents are specifically addressed in Section 23 of Rule 6, which stipulates that the answer provided
by the respondent must be in writing, under oath, and contain material facts and applicable laws.
Moreover, sworn statements containing the testimonies of witnesses and documentary evidence, if
there were any, will be included to strengthen the case. Through these contents, it will be visible to
the process that an accurate record surrounding the case, offers the complaint greater trust regarding
the authenticity of its claims. Furthermore, the respondents' supporting documents will serve as proof
of their case while increasing the probability of a positive result.

Section 24. Failure to file an answer.

The respondent is given a particular period of time to address the formal charges made against them,
but failing to do so is certain to have consequences. The respondent will forfeit the opportunity to
provide their side of the story if they fail to submit an answer, and the case will be determined using
the records that are currently available. The significance of providing an answer and the implications
of not doing so should be made clear to the respondents. For this reason, the respondent must gather
any proof and documents that will back up their defense. They also need to understand that
compliance with the request is important to the administrative case's progress. Respondents should
always remember to take the required actions to submit an answer within the allotted time frame.

RULE 7

PREVENTIVE SUSPENSION

Section 25. Preventive Suspension, nature.

According to a certain lawyer, Atty. Vlad del Rosario, preventive suspension is not a penalty, but
rather a disciplinary measure to protect the employer or other coworkers' lives or property while an
investigation regarding any alleged infraction committed by the employee is ongoing. This merely
indicates that, while the case is being investigated, understanding the importance of fair resolution
reflects on the ongoing administrative cases. It is important to remember that preventive suspension
is a precautionary measure intended to safeguard the integrity of the administrative proceedings
rather than a penalty. It also serves the sole purpose of preventing the investigation process from
harm or damage. This case clearly shows that an employee is presumed innocent unless they are
proven guilty.

Section 26. When issued; grounds.

A preventive suspension may be imposed by the disciplining authority in cases where the accused
employee is charged with dishonesty, oppression, serious misconduct, failure to perform duties, or
administrative violations, or if there are sufficient grounds to believe that the person facing charges
is guilty of the offenses stated. These are regarded as convincing evidence that the civil servant is
guilty of the charges and that their presence could harm the investigation's case. This will preserve
the integrity of the civil service while ensuring public safety with the aforementioned charges.

Along with that, in cases where the respondent may attempt to influence or pressure witnesses against
them, it may be decided to place them on preventive suspension in order to get them off the scene
for a period of time due to their actions. Witnesses serve an integral part in any legal process, thus it
is important to prioritize their safety and well-being. This can contribute to making sure that their
testimonies remain untainted, as they have the power to make or break a case.

Furthermore, the possibility of evidence manipulation may have an impact in cases by manipulating
the result, which might end up in unfair decisions. There are various ways of doing this; typical ones
include hiding, altering, or destroying the evidence. Moreover, the respondent may be transferred to
another agency unit by the disciplining authority during the formal hearings. To protect the integrity
of the disciplinary procedure and uphold the principles of administrative law, the reassignment
should only be allowed if it is based on reasonable grounds.

Section 27. Duration of preventive suspension.

According to Rule 7, the length of a preventive suspension cannot be longer than sixty days (60) for
local government units and ninety days (90) for national agencies. This implies that an accused
employee may be suspended during the hearing. However, if the investigation of administrative
charges is not completed within the period of preventive suspension, the employee should be
automatically reinstated to his or her position. It is particularly important to remember that the delay
in the proceedings resulting from the accused employee's fault, negligence, or request should not be
taken into account. Furthermore, the automatic reinstatement acts as a means to fairly convey to the
employee that the delay in the proceedings is not unfairly punishing them. The authorized time period
is enough for providing an in-depth and impartial investigation while also respecting an employee's
rights.

Section 28. Remedies from the Order of Preventive Suspension.

Employees have the option of remedies under Section 28 of Rule 7 in the occurrence of a preventive
suspension. One of the options available to the employees to ensure that their concerns are taken
seriously and that a fair decision is made is to appeal to the Commission within fifteen (15) days.
This gives them time to review their information, supporting documentation, and arguments.
Nonetheless, the employee will have the chance to challenge decisions made by their employers or
other pertinent authorities through this process. Furthermore, this may be beneficial in situations
where workers feel their rights have been infringed. By allowing a motion for reconsideration, the
accused employee would still be able to potentially influence the proceedings which would only
cause the case to be resolved more slowly.

Section 29. Payment of Back Salaries During Preventive Suspension.

Under Section 29, an employee who was suspended is authorized to receive payment for all back
salaries, provided that the Commission declares the preventive suspension order to be null and void.
The term null and void shall include the following circumstances: the order was issued by a legally
authorized person; it should be based on the specified grounds; it was issued without a formal charge
or notice; and it will be void if the ordered preventive suspension lasts longer than the allowed time
frame. In light of the preceding information, the employee is entitled to some sort of compensation
for the unfair suspension, which will reimburse them for the income they lost during the suspension.
However, the employee will not be compensated for the suspension period if they are found guilty
and the suspension is considered justified. Furthermore, the respondent's innocence regarding the
charges against him or her should not have any effect on an increase in payment of back pay
throughout the duration of preventive suspension.

SYNTHESIS/GENERALIZATION

• To act on the misconduct of public officials and employees, administrative proceedings for
complaints can be initiated by the disciplining authority and any other person.
• In order for the administrative proceedings to further proceed, all requisites for a valid
complaint should be submitted by the complainant to verify the validity and authenticity of
the accusations.
• The time and location for the filing of administrative complaints constitute a flexible way for
anyone to easily file complaints and for these complaints to be given due course.
• If a complainant withdraws the complaint, it will not lead to the immediate dismissal from
administrative liability of an accused individual especially if there is strong evidence for the
case.
• Requiring the accused individual to submit his/her Counter-Affidavit within 3 days will be
the immediate action upon receiving the complaint. This is to give the accused person to have
the right to defend himself/herself from the accusations.
• Conducting a preliminary investigation is critical to determine if there is a strong ground and
stand for the case that pertains to a prima facie case that will be the basis for the issuance of
a formal charge.
• The obligation of the accused individual to submit a Counter-Affidavit within 5 days is to
conduct a preliminary investigation. Failure to submit a Counter-Affidavit will waive the
right of the accused to be heard.
• It is important to follow a timeframe in conducting the investigation to ensure prompt and
timely process for the complaint.
• An investigation report is crucial for the issuance of a formal complaint containing a
recommendation for decision-making.
• The decision after the preliminary investigation will be the basis of the disciplining authority
to issue a formal charge or to dismiss the complaint depending on if there is a prima facie
case.
• Specification of the content of a formal charge is essential to notify the respondent about the
administrative case.
• It is crucial to make sure that the language used in the notice of charge/s is clear and
comprehensible enough for the party or respondent who is being charged to fully understand
the charges that have been brought against them.
 • Unreasonable pleadings can be viewed as an abuse of the legal system. That being said, by
prohibiting certain types of pleadings, the court can focus on truly important cases and ensure
the efficient operation of the justice system.
• Fulfilling the requirements for the proceedings adds a further layer of validity to the
document. Moreover, the witnesses will act as neutral observers who are able to speak to the
document's execution, which will strengthen its legal standing.
• There may be situations in which an accused person is unable to respond within the allotted
time, but it is also important to remember that disregarding to file an answer could have
negative effects. For this reason, it is the responsibility of the respondent to fulfill their
obligations and reply on time in order to prevent undesirable consequences.
• Keep in mind that preventive suspension is not meant to be a form of punishment; rather, it
serves to safeguard the interests of employers and employees by ensuring that the accused
worker does not interfere with the process of the investigation or endanger the workplace.
• A preventive suspension should be issued if there is sufficient reason to believe that the
employee has committed an offense that requires such action. This means that there must be
enough evidence to believe that the employee truly violated the organization's rules or
committed any misconduct.
• There will be a maximum period of time for the preventive suspension to protect the
investigation from any uncertain circumstances. Otherwise, the disciplining authority may
lift the preventive suspension if the respondent files an appeal with the Commission within
the time frame specified, but the appeal will be evaluated first.
• An employee is entitled to back pay for the full duration of a preventive suspension if it is
later determined that the suspension was incorrect or unnecessary. In essence, this is a
recognition of the principle that an employee should not be unfairly penalized for actions that
he or she did not commit.

REFERENCES

Alonso, J. (2022, September 11). Preventive suspension. Daily Tribune. Retrieved from
https://tribune.net.ph/2022/09/preventive-
suspension/?fbclid=IwAR0bNkVvGANelSTMSI57PuPX3sUw3f_2iyJhLnBnAghfaO1tAWNW5F
9x5Zc

Department of Social Welfare and Development. (2022). Revised Rules on Administrative Cases
Involving Employees of the Department of Social Welfare Development.
https://www.dswd.gov.ph/issuances/AOs/AO_2022-017.pdf

Civil Service Commission. (2011). Revised Rules on Administrative Cases in the Civil Service.
https://drive.google.com/file/d/1XTX4cpCmkck1m9FRmBeUDJd7wFPq2z34/view?pli=1
 22
REVISED RULES ON ADMINISTRATIVE
CASES IN THE CIVIL SERVICE
RULE 8-10

I. RATIONALE
This report was refer to a set of regulations or guidelines that govern the handling of administrative
cases involving civil servants or government employees. to establish a fair, consistent, and
accountable system for addressing misconduct or violations by civil servants, ultimately serving the
best interests of the government and the public it serves. These rules are often developed and revised
by the Civil Service Commission (CSC) or the relevant authority in a given country.
Ø The rationale behind Rule 8, which deals with "Formal Investigation" in the context of
administrative or organizational procedures, is to provide a structured and standardized process
for conducting investigations into alleged misconduct, violations, or other issues.
Ø The overall rationale remains consistent: to ensure that decisions in administration cases are
made fairly, impartially, and in accordance with established rules and regulations, while
respecting the rights of all parties involved.
Ø The rationale behind Rule 10, commonly referred to as the "Schedule of Penalties," is to establish
a structured and standardized framework for imposing disciplinary actions and consequences in
response to misconduct, violations, or other offenses within an organization.

II. LEARNING OBJECTIVES

I hope that upon completing this chapter, you will be able to:
Ø Aim to provide decision-makers with the knowledge and skills necessary to make informed, fair,
and legally compliant decisions in accordance with due process, while upholding the public
interest and the integrity of the civil service.
Ø To ensure a fair, impartial, and evidence-based process that upholds the principles of due process
and helps in resolving disputes and maintaining the integrity of the civil service. It plays a critical
role in promoting accountability, protecting the rights of civil servants, and building public trust
in the administration of justice within the civil service.
Ø To educate civil servants about the consequences of misconduct, promote accountability, ensure
the application of due process, and guide administrators in making fair and consistent
disciplinary decisions. This knowledge serves as a foundation for maintaining integrity and
professionalism within the civil service.

III. CONTENT
Rule 8: FORMAL INVESTIGATION in administrative procedures typically deals with the
conduct and process of formal investigations into alleged misconduct or violations by government
employees. How and when a formal investigation is initiated, including who has the authority to
order an investigation.The appointment of an investigating officer or committee responsible for
conducting the investigation. This may include their qualifications and impartiality.Details on what
the investigation will cover, including the specific allegations or charges against the employee.The
procedures and methods to be followed during the investigation, including gathering evidence,
interviewing witnesses, and reviewing documents.The rights of the accused employee during the
investigation, such as the right to be informed of the allegations, the right to present a defense, and
the right to legal representation.Any established deadlines for the completion of the investigation and
submission of the investigation report.Provisions regarding the confidentiality of the investigation to
protect the privacy of all parties involved.Rules governing the collection and handling of evidence,
including the admissibility of evidence.
The Rule 9: DECISION which pertains in administrative or civil service procedures, can vary
depending on the specific rules and regulations of the organization, jurisdiction, or context. However,
it generally outlines the procedures and guidelines for making decisions based on the findings of an
investigation or administrative process.The rule typically begins by emphasizing the importance of
thoroughly reviewing all the evidence collected during the investigation. It stresses the need for an
impartial and unbiased decision-making process, ensuring that all parties involved are treated fairly.
It specifies that the decision-makers or investigators should draw conclusions based on the evidence
and determine whether the allegations or charges are substantiated. If applicable, it may outline that
the investigators or decision-makers should provide recommendations for appropriate penalties or
remedial actions based on their findings. These recommendations may align with the organization's
Schedule of Penalties (as mentioned in Rule 10).The rule ensures that the rights of the individuals
involved are respected during the decision-making process. This includes providing them with an
opportunity to respond to the findings or conclusions.Procedures for documenting and formally
recording the decision, along with any recommended actions, are typically outlined.The rule may
detail the provisions for individuals to appeal the decision if they disagree with the outcome. This
could involve a separate appeals process or review mechanism.It provides clarity on whether the
decision is considered final, or if there are further steps or reviews that can be pursued within the
organization or under applicable laws or regulations.The rule might specify the requirements for
maintaining records of the decision and related documents for compliance and record-keeping
purpose
Rule 10: SCHEDULE OF PENALTIES" in administrative rules and regulations typically provides
a framework for the types of penalties or sanctions that can be imposed on government employees
found guilty of administrative misconduct or violations. These rules aim to ensure consistency and
proportionality in the application of penalties. The specific wording and details of Rule 10 can vary
depending on the jurisdiction and the organization's regulations. Rule 10 may categorize offenses
into different classes or categories based on their severity or impact. For example, minor offenses
may be categorized differently from major or grave offenses.The section might include a table or
matrix that correlates the offense categories with specific penalties. This matrix would provide a
clear guide for determining the appropriate penalty for a given offense.
Rule 10 typically lists a range of penalties that can be imposed, such as:
Ø Written Reprimand
Ø Suspension (with or without pay)
Ø Demotion
Ø Forfeiture of benefits
Ø Dismissal from service
Ø Fine or monetary penalty
Ø Other administrative sanction
The section might indicate that the penalty to be imposed should take into account any aggravating
or mitigating circumstances that may affect the gravity of the offense or the degree of culpability of
the employee.In some cases, Rule 10 may require that the final decision on the penalty be made by
the appointing authority, who would review the recommendations and findings from the
investigation.The employee found guilty of misconduct should be promptly notified of the penalty
imposed, along with the reasons for the decision. The section may address the employee's right to
appeal the imposed penalty, specifying the process and timelines for filing an appeal.In some cases,
the organization may publish the Schedule of Penalties to ensure transparency and provide guidance
to employees on potential consequences for misconduct.The specific content and details of Rule 10
can vary from one jurisdiction or organization to another. To get the exact wording and details of
Rule 10 for a specific jurisdiction or organization, you should refer to the official and current
administrative rules and regulations in place.

Ø Rule 8, which pertains to "FORMAL INVESTIGATION" in administrative cases within the civil
service, typically outlines the procedures and concepts related to conducting a formal inquiry
into alleged misconduct or violations by government employees. The process of formal
investigation in administrative cases within the civil service. They ensure that the investigation
is conducted fairly, impartially, and in accordance with established rules and procedures.
Ø It's important to note that the specific contents and requirements of Rule 9 may vary from one
jurisdiction or administrative body to another. These rules are essential to ensure that decisions
in administrative cases are fair, consistent, and in compliance with the applicable laws and
regulations. They help protect the rights of individuals involved in administrative cases while
upholding accountability and ethical standards within the civil service.
Ø Rule 10, often titled "SCHEDULE OF PENALTIES," refers to a set of guidelines or a framework
that outlines the various types of penalties or disciplinary actions that can be imposed on civil
servants or government employees who are found to have committed misconduct or violations.
IV. SYNTHESIS/GENERALIZATION
11. Rule 8, titled "FORMAL INVESTIGATION," within the "REVISED RULES ON
ADMINISTRATIVE CASES IN THE CIVIL SERVICE," outlines the procedures and
principles for conducting a formal investigation in administrative cases.An organization
cannot exist without people, goal, structure, and processes. The administrative procedures
serves as a structured and essential phase for conducting impartial, thorough, and fair
investigations in administrative cases. It ensures that evidence is collected and assessed
objectively, that procedural rights are upheld, and that the investigation report contributes to
informed decision-making in the adjudication of the case.
 12. Rule 9, titled "DECISION," within the "REVISED RULES ON ADMINISTRATIVE
CASES IN THE CIVIL SERVICE," serves as a crucial stage in the administrative process.
In general, Rule 9 serves as a fundamental element in the administrative process, ensuring
that decisions regarding the conduct of civil servants are made fairly, transparently, and in
accordance with established procedures, all while safeguarding the rights of the accused and
upholding the public interest.

13. Rule 10, titled "SCHEDULE OF PENALTIES," within the "REVISED RULES ON
ADMINISTRATIVE CASES IN THE CIVIL SERVICE," can be synthesized and
generalized by structured approach to classifying and imposing penalties on civil servants in
administrative cases. It promotes fairness, consistency, and transparency in the disciplinary
process, while also serving as a deterrent to misconduct and upholding the legal and ethical
standards within the civil service

V. REFERENCES
Ø Revised Rules on Administrative Cases in the Civil Service (2017) https://www.sss.gov.ph/sss/