CSC Laws Rules and Regulations

CIVIL SERVICE LAW,
RULES AND REGULATIONS
LOGO
Malfeasance, misfeasance and nonfeasance
• Misfeasance - means improper performance of an act

which might be properly be performed
• Malfeasance - means performance of an act which

ought not to be done
• Nonfeasance - means omission of an act which ought

to be done
Constituional Provision
Article IX. The Constitutional Commissions
B. The Civil Service Commission
Section 2. (1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
government, including government-owned or controlled
corporations with original charter.
(2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and except to positions which are policy-
determining, primarily confidential, or highly technical, by
competitive examination.
Constituional Provision
Article IX. The Constitutional Commissions
B. The Civil Service Commission
(3) No official or employee of the civil service shall be
removed or suspended except for cause provided for by law.
(4) No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.
(5) The right to self-organization shall not be denied to
government employees.
Categories of positions in the Civil Service
The positions in the Civil Service are categorized into
• Career and
• Non-Career Service.
The characteristics of positions in the career service are as
follows:
a. Entrance is based on merit and fitness to be determined
as far as practicable by competitive examination, or
based on highly technical qualifications.
For one to join the career service, he should possess the
relevant education, experience, training and appropriate
civil service eligibility. Such requirements are embodied
in the Qualification Standards Manual prescribed by the
Civil Service Commission.
b. There is opportunity for advancement to higher career
positions.
Being in the career service, an employee has the right to be
included for evaluation and can be promoted to the next
higher position provided he possesses the required
qualifications.
c. There is security of tenure.
A civil servant has the right to stay in office until he
voluntarily resigns, retires or reach the compulsory
retirement age, provided that he conforms with the
standards set for public service, otherwise, he can only be
dismissed for cause.
The non-career service is characterized by the following:
a) Entrance is based on qualifications other than those of
the usual test of merit and fitness utilized for the career
service.
Appointment to non-career position is usually based on
trust and confidence of the appointing authority. As such,
the requirement for a civil service eligibility is waived.
b. Tenure is limited to a period specified by law or co-
terminous with that of the appointing authority or
subject to his pleasure, or co-terminous with a particular
project for which purpose employment was made.
Unlike their counterpart in the career service, non-career
employees have no security of tenure. They stay in office at
the pleasure of the appointing authority. The Commission
has already ruled, however, that when one is appointed co-
terminous with a certain project, he cannot just be
terminated without valid reason before the purpose of such
project is attained.
Positions in the non-career service are as follows:
a) Elective officials and their personal or confidential staff;
b) Secretaries and other officials of Cabinet rank who hold
their positions at the pleasure of the President, and their
personal or confidential staff;
c) Chairmen and members of commissions and boards with
fixed terms of office, and their personal or confidential
staff;
d) Contractual personnel;
e) Emergency and seasonal personal.
Levels of Positions in the Career Service:
The positions in the civil service may be classified into three
levels, namely:
a) First level—this refers to positions with duties requiring
college education of less than four (4) years, which
includes clerical, trades and custodial service;
b) Second level—this refers to positions with duties
requiring at least four (4) years college work up to
division chief level, includes professional, technical and
scientific positions;
c) Third level—this covers positions in the Career
Executive Service.
Qualification Standards
Eligibility refers to the result of passing a merit and fitness test
which may be determined as far as practicable by competitive
examination, or based on highly technical qualifications or other
tests of merit and fitness.
First Level Eligibility
• First level eligibilities are appropriate for appointment to

positions in the first level.
• Do not apply to those covered by bar/board/special laws, and

other special eligibilities as may be determined by the
Commission or those that require licenses such as those
positions listed under Category IV of CSC MC No. 11, s.
1996, as amended
Second Level Eligibility
• Second level eligibilities are appropriate for appointment to

positions in the second and first level.
• They do not apply to those covered by bar/board/special laws,

and other special eligibilities as may be determined by the
Commission or those that require licenses such as those
positions listed under Category IV of CSC MC No. 11, s.
1996, as amended.
Practice of Profession
• Eligibilities resulting from passing the bar/board examinations

shall be required for appointment to positions the duties of
which constitute the practice of profession(s) regulated by the
Philippine bar/board laws.

which require completion of at least a bachelor’s degree shall
be considered appropriate to positions for which the
examination is given, and to other first and second level
positions not covered by bar/board/special laws
Practice of Profession

which require completion of less than a bachelor’s degree
shall be considered appropriate to positions for which the
examination is given, and to other first level positions not
covered by bar/board/special laws or those that require
licenses
Eligibility
Unassembled/Testimonial/Special examinations
Conducted by CSC or by the department or agencies with the

assistance of or in coordination with the CSC shall only be
appropriate for appointment to positions for which they were
given, or to other functionally related positions, and other
positions as may be determined by the Commission.
Eligibility
Eligibilities Granted After One Year of VS Work Performance
Eligibilities granted after one year of Very Satisfactory actual

work performance under temporary status for positions listed
under Category II of CSC MC No. 11, s. 1996, as amended, shall
only be appropriate for appointment to highly skilled positions
within the same occupational group or functionally related
positions
Eligibility
Eligibilities under Category I (SCEP)
Eligibilities previously issued under Category I (SCEP) shall

continue to be appropriate for permanent appointment to
corresponding positions re-categorized under Category II and
other functionally-related positions without undergoing one (1)
year employment under temporary status, provided the other
requirements are met.
Eligibility
Licenses Issued by Government Agencies
Licenses issued by authorized government agencies shall be

required for appointment to positions listed under Category IV of
CSC MC No. 11, s. 1996, as amended.
Eligibility
NAPOLCOM
Passing the NAPOLCOM examinations shall be considered

as an eligibility appropriate only for appointment to uniformed
personnel positions in the PNP, unless otherwise provided by
law.
Eligibility
Shari’a Bar Examinations
Passing the Shari’a Bar Examinations shall be considered as

appropriate for appointment to first level positions in the Shari’a
Courts, except for the positions covered by bar/board/special
laws and/or those that require other special eligibilities or those
that require licenses such as those positions listed under Category
IV of CSC MC No. 11, s. 1996, as amended.
Agency Merit Selection Plan and Human Resource Merit
Promotion and Selection Board
Merit Selection Plan (MSP)
• Shall cover positions in the first and second level and

shall also include original appointments and other
related human resource actions.
• There shall be no discrimination in the selection of
employees on account of age, sex, sexual orientation
and gender identity, civil status, disability, religion,
ethnicity, or political affiliation.
Certain Modes of Separation – Documents Required for
Record Purposes
RESIGNATION
TENDER – upon receipt of appointing officer of the written
resignation
ACCEPTANCE (mandatory) - Appointing officer may set
effectivity date of resignation but not earlier than 30 days upon
receipt or the date indicated on the letter of resignation
 Resignation is suspended:
• war or national or local emergency
• Prevent loss of life or property due to disaster/calamity
Record Purposes
RESIGNATION
• Complete and operative resignation not acted after the lapse of
30-day period (DTI vs. Singun)
• revocable until accepted
• Restoration to former position not automatic in case of
withdrawal once resignation is deemed complete and operative
• Proof of notice of the acceptance of resignation to the
employee to be submitted
Record Purposes
DISMISSAL
• Report on DIBAR* with a certified true copy of the final
decision shall be submitted to the CSC Field Office within
thirty (30) calendar days from the date of dismissal, for record
purposes.
*Database of Individuals Barred from Entering Government Service and Taking Civil Service
Examination
Record Purposes
Dropping from the Rolls
• Officers and employees who are absent without approved

leave, have unsatisfactory or poor perfomance, or have shown
to be physically or mentally unfit to perform their duties may
be dropped from the rolls within 30 days from the time a
ground therefor arises subject to cetain procedures provided
under 2017 RACCS.
Prohibitions
• No appointive official shall hold any other office or employment
in the government unless otherwise allowed by law or by the
primary functions of his/her position.
• No elective official shall be eligible for appointment in any

capacity to any public office or position during his/her tenure.
• No elective or appointive public officer or employee shall receive

additional, double or indirect compensation, unless specifically
authorized by law, nor accept without the consent of Congress,
any present, emolument, office or title of any kind from any
foreign government.
Prohibitions
• A person who lost in an election, except Barangay election,
shall not be eligible for appointment or reemployment to any
office in the government or government-owned or controlled
corporation 1 year after election.
• A person holding a public appointive office or position,

including active members of the armed forces, shall be
considered resigned from his/her office upon filing of the
certificate of candidacy. This prohibition extends to private
citizens appointed as board members in public offices
representing the private sector.
Prohibitions
• An employee who resigned from the government service
during the three (3)-month period before any election to
promote the candidacy of another shall not be reemployed
during the six-month period following such election.
• No detail or reassignment shall be made within 3 months

before any election unless with the permission of the
COMELEC
Prohibitions
• No officer or employee in the civil service including the
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/she use his/her official
authority or influence to coerce the political activity of any
person or body.
• Nothing herein provided shall be understood to prevent any

officer from expressing his/her views on current political
problems or issues, or from mentioning the name of candidates
for public office whom he/she supports.
Prohibitions
• 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 prohibited in
the Election Code.
Prohibitions
Rules on Nepotism, Exemptions
• No appointment shall be made in favor of a relative of the
appointing or recommending officer/authority, or of the chief
of the bureau or office or of the person exercising immediate
supervision over the appointee (within the 3rd degree either of
consanguinity or of affinity)
• Nepotism covers all kinds of appointments regardless of

status including casual, contractual and coterminous but are
not primarily confidential.
• The Rule on Nepotism applies to designation.

Prohibitions
Rule on Nepotism in LGUs
• Prohibition on appointment in the career service extends to
relatives of Appointing or Recommending (A/R)
officer/authority with the 4th civil degree of consanguinity or
affinity.
• However, in the non-career service the prohibition extends to

the 3rd degree relatives of consanguinity or affinity of
appointing or recommending officer
Prohibitions
Other prohibited acts
• Withdrawal or revocation of an appointed already accepted by

an appointee
• Appointment or reemployment of a person perpetually
dismissed from the service unless he/she has been granted
executive clemency by the President of the Philippines upon
recommendation of the Commission
• Promotion within six months prior to compulsory retirement,
except otherwise provided by lawof h
Prohibitions
Other prohibited acts
• Transfer of heads of oversight agencies and their staff or being

appointed to any position in the agency of assignment within
one year after termination of assignment or designation
• Non career to perform the duties belonging to career positions
• Consultant, contractual, non-career or detailed employee
designated to positions exercising control or supervision over
regular and career employees, except as may be provided by
law
Prohibitions
Exempted from Nepotism
a) persons employed in a confidential capacity

b) teachers
c) physicians
d) members of the Armed Forces of the Philippines
e) science and technology personnel under RA No. 8439
f) other positions as may be provided by law
Civil Service Examination and Eligibility
Civil Service Eligibilities
a) Career Service Professional and Sub-professional
Eligibilities.
These are eligibilities resulting from passing either a pencil
and paper test or a computer assisted test. Career Service
Sub-professional requires less than four years of college
studies while Career Service Professional requires at least
four years of college studies. They are appropriate for first
level and second level positions, respectively.
b) Presidential Decree no. 907
This is an eligibility granted to those who have distinguished
themselves by graduating as summa cum laude, magna cum
laude or cum laude from schools, colleges and universities
deemed to be in good standing by the DEPED /CHED. This is
to encourage the accession of competent and qualified people
into the civil service.
In Resolution No. 86-312, dated September 24, 1986, the Civil

Service Commission extended the benefits to honor graduates
finishing masters degrees or doctorate degrees. In Resolution No.
94-2279, dated April 20, 1994, the Commission further extended
the coverage to Filipinos who finished masteral or doctoral degrees
with honors and distinction from foreign educational institutions.
This eligibility is considered appropriate to all second level

positions in the career service except those requiring specialized
examinations like BAR and board examinations.
In Legal Education Board (LEB) Resolution no. 2019-406 dated

January 9, 2019, the board resolved that basic law degrees
(whether Llb or J.D.) earned from law schools recognized or
supervised by the LEB and its predecessor regulatory agencies
shall be considered as equivalent to doctoral degrees in other
non-law academic disciplines for purposes of
appointment/employment, ranking and compensation.
c) Barangay Official Eligibility
The Local Government Code provides for the grant of civil
service eligibility to Punong Barangay, Sangguniang Barangay
Members, the Kabataang Barangay Chairman, the Barangay
Secretary and Barangay Treasurer at the expiration of their term
of office.
This eligibility is considered appropriate for appointment for the
first level positions in the career service except those which
require appropriate licenses issued by competent authorities;
stenographer positions, and those requiring passing board
examinations or those governed by specific laws.
d) Republic Act (R. A.) 1080
Under R.A. 1080, there is a corresponding equivalent civil
service eligibility for those who passed the BAR examination
given by the Supreme Court and the different board
examinations administered by the Professional Regulations
Commission (PRC). The eligibility obtained by those who
passed board or bar examinations are generally considered
appropriate for second level positions provided that these
positions do not require passing a specific board examination
(CSC Resolution No. 96-4010, June 26, 1996).
e) Cultural Community Employee (CCE) and Cultural
Community Officer (CCO)
These are special eligibilities granted to those belonging to
cultural communities. The CCE was given to those occupying
first level positions and the CCO granted to those occupying
second level positions. The granting of said eligibilities
ceased in 1980.
f) Republic Act no. 6850
This law granted civil service eligibility to a temporary
employee either in the first or second level so that he can
qualify for permanent appointment. To be entitled to the
grant, the employee must have rendered an aggregate of
seven (7) years of efficient service as of February 8, 1990.
This eligibility was also granted to one appointed as teacher
under provisional status and has rendered, in aggregate, a
total of seven (7) years of service. The Civil Service
Commission stopped processing applications for the grant of
said eligibility after December 31, 1993.
g) Presidential Decree no. 1125
This is a special civil service eligibility granted to Muslim
rebel returnees. It is appropriate for first level positions in the
career service.
h) Presidential Decree no. 1569
This is a first level civil service eligibility granted to
Barangay Nutrition Scholars appropriate to related positions,
including Nutrition Aide.
i) Presidential Decree no. 997
This is a second level eligibility granted to specialists in the
scientific and technological field.
j) Third level eligibility
At present, there are two kinds of career executive service
eligibilities any of which an official must possess to have
security of tenure in the third level. One is the Career
Executive Service (CES) eligibility granted by the Career
Executive Service Board and the other is the Career Service
Executive (CSE) eligibility granted by the Civil Service
Commission. In either case, the official must pass a battery of
examinations.
k) Executive Order No. 32, S. 1948
Veterans of the Armed Forces of the Philippines (AFP) are
given additional five (5) points when they take any civil
service examination. However, in cases where the veteran is
suffering a service connected disability, he shall be granted
ten (10) points. In other instances, the widow of the veteran
or he himself can not qualify for appointment due to service-
connected disability, the wife will be given additional ten (10)
points.
k) Executive Order No. 32, S. 1948
This benefit was expanded by Executive Order No. 790, S.

1982 which provides that any child or the wife of the veteran,
if he himself cannot benefit from the veterans preference
rating due to disqualification of appointment or disability,
may be given ten (10) points. There is no provision that the
additional points can be availed of in Bar or board
examinations, or in the third level career examinations.
Appointments
What is appointment?
 Appointment is one of the means by which a person may
claim a right to a public office. It means the selection by the
authority vested with the power of an individual who is to
exercise the functions of a given office. It is an act of
designation by the executive officer, board or body to whom
that power has been delegated, to the person who is to exercise
the duties and responsibilities of the given position. It is also
equivalent to “filing a vacancy” (Tomali v. CSC, 238 SCRA
572; Flores v. Drilon, 223 SCRA 568).
Appointments
Who may appoint?
 The head of office has the inherent authority to issue
appointments to his subordinate officials unless the law
provides otherwise. Such authority to issue appointments may
be delegated to ranking officials.
Appointments
What is the effectivity of an Appointment?
 Civil Service law and rules provide that an appointment shall
take effect immediately upon issue provided that the appointee
assumes the duties and responsibilities attached thereto. When
the appointee has not assumed his duties, he is not entitled to
the salary for the position because of the principle: “No Work
No Pay.” Regardless however, of whether or not the appointee
has assumed the duties of the position, the appointment should
be submitted within thirty (30) days from date of issue to the
Commission through its Regional or Field Offices otherwise it
shall lapse and become ineffective after said period.
Appointments
What is the effectivity of an Appointment?
Also, if the appointee fails to assume the position within

thirty (30) days from date of issue, the appointment may be
withdrawn by the appointing authority if no justification is
submitted by the appointee, provided that the Commission is
informed of said action. Such withdrawal is appealable by the
concerned individual to the Commission within the
prescribed period.
Appointments
What are the basics requirements for appointment to any
position in the civil service?
a. Experience and training are not required for appointment
to entrance positions in the civil service.
The lowest position in an occupational grouping is

usually identified as an entrance position. Since it is not
expected that the appointee has already acquired some
experience, none is required prior to appointment to such
position.
Appointments
For purposes of meeting the required training, the

appointee should have completed a particular training
course as certified by the head of agency (CSC MC No.
10, s. 1994).
Appointments
b. Relevance of the education and experience required for a
certain position can be determined by making reference to
the duties and responsibilities thereof and to the
occupational groupings to which they belong.
Appointments
In determining the relevance of education and experience

requirements reference must be made to the duties and
responsibilities attached to the position. Thus, the degree
of Bachelor of Science in Business Administration can
not be considered relevant to an agriculturist position
even if said position is found at the Marketing
Development Division of the Bureau of Animal Industry
(CSC Resolution No. 99-1283, dated June 25, 1999).
Appointments
c. Experience, training and eligibility are not required for
confidential/confidential staff positions which terms of
office of the appointee is co-terminous with the official he
serves. Education, however, cannot be dispensed with.
By the very nature of the office, appointees appointed to

confidential or personal staff of elective officials or those
with term of office, thus, co-terminous with the said
officials, are not required to possess specific experience,
training and eligibility. However, they should still possess
the required education.
Appointments
d. Contractual and casual employees have to possess the
required education, training and experience except
eligibility.
Appointment to a contractual or casual position does not

exempt one from the other qualification standard
requirements. It is only the civil service eligibility which
he is not required to possess.
Appointments
Effective January 1, 1993, substitution of deficiency in

either education, training or experience was no longer
allowed. And effective January 1, 1995, a masteral degree
for chief of divisions was required except for fullpledged
lawyers, doctors of medicine and dentist.
Appointments
What is the required form of appointment?
 It must be in writing.
Appointments
What does the power of appointment entail?
 It entails the exercise of judgment and discretion.
Appointment is essentially discretionary and must be
performed by the officer in which it is vested according to
his best lights, the only condition being that the appointee
should possess the qualifications required by law. If he
does, then the appointment cannot be faulted on the ground
that there are others better qualified who should have been
preferred. This is a political question involving
considerations of wisdom which only the appointing
authority can decide ( Rimonte v. CSC, 244 SCRA 498,
cited in Abella, jr. v. CSC, 442 SCRA 507).
Appointments
Distinguish Appointment from Designation.
Appointment may be defined as the selection, by the authority

vested with the power, of an individual who is to exercise the
functions of a given office. When completed, usually with its
confirmation, the appointment results in security of tenure for the
person chosen unless he is replaceable at the pleasure because of
the nature of his office.
Appointments
Designation, on the other hand, connotes merely the imposition

by law of additional duties of an incumbent official. Designation
may also be loosely defined as an appointment because it,
likewise, involves the naming of a particular person to a specified
public office.
Appointments
However, where the person is merely designated and not

appointed, the implication is that he shall hold the office only in a
temporary capacity and may be replaced at will by the appointing
authority. In this sense, designation is considered only an acting
or temporary appointment, which does not confer security of
tenure on the person named (Tapispisan v. CA, 459 SCRA 695).
Appointments
What is designation?
 It refers to the assignment of a public officer to perform
certain functions different from those of his position to which
he has been appointed. It is merely temporary and does not
guarantee security of tenure in the position or in the office
which he occupies in an acting capacity (Dimaandal v. COA,
291 SCRA 322).
Appointments
What are the requisites for appointment?
1) The appointing authority be vested with the power to make
the appointment at the time the appointment is made;
2) The appointee possesses all the qualifications including
appropriate civil service eligibility and none of the
disqualifications;
3) The position is vacant;
4) The appointment has been approved by the Civil Service
Commission;
5) The appointee accepts the appointment by taking the oath and
entering into the discharge of official duty (Mendoza v.
Lacsina, Sr., 406 SCRA 156).
Appointments
Employment status
1) Permanent appointment—issued to a person who meets all
the requirements for the position to which he is being
appointed, including the appropriate eligibility prescribed in
accordance with the provisions of law, rules and standards
promulgated in pursuance thereof (Abella, Jr., v. CSC, 442
SCRA 507).
Appointments
Employment status
2) Temporary appointment—in the absence of appropriate
eligible and it becomes necessary in the public interest to fill
a vacancy, a temporary appointment shall be issued to a
person who meets all the requirements for the position to
which he is appointed except the appropriate civil service
eligibility. However, such temporary appointment shall not
exceed twelve (12) months reckoned from the date of issue
and the appointee may be replaced sooner if a qualified civil
service eligible becomes available (Sec. 27, paragraph 1 and
2 of the Administrative Code of 1987).
Appointments
Employment status
3) Substitute—this is issued to an individual who is appointed to
a vacant position while the incumbent is temporarily unable
to perform his duties.
4) Coterminous—when the continued stay of the appointee in
office is dependent on the term of office of another,
particularly the appointing authority; the duration of a
particular project; or life span of an agency.
5) Contractual—when the employee is tasked to undertake a
specific work within a specified period of time.
Appointments
Employment status
6) Casual—when the services of the appointee are required
because there are not enough regular personnel to meet the
demands of the service. Casual employees are not protected
by security of tenure. They may be removed from the service
with or without cause.
7) Consultants—in recognition of their expertise and experience
that may have been earned by retirees from the government in
their particular field of specialization, the CSC allows
government offices and agencies to appoint them as
Consultants to the heads and other officials of departments
and other agencies including government units (CSC MC No.
37, s. 1992).
Appointments
Employment status
8) Primarily Confidential—denotes not only confidence in the
aptitude of the appointee for the duties of the office, but
primarily close intimacy which ensures freedom of
intercourse without embarrassment or freedom from
misgivings of betrayals of personal trust on the confidential
matters of state (CSC Resolution No. 98-3037, November 20,
1998 citing Cadiente v. Santos, 142 SCRA 280).
Appointments
Nature of Appointments
The nature of appointment of officials and employees in the
government service may be any of the following:
1. Original—this refers to the initial entry into the career service
of persons who meet all the requirements of the position.
However, even if the appointment status is permanent, the first
six months of service following an original appointment will be
probationary in nature and the appointee shall undergo a
thorough character investigation. A probationer may be dropped
from the service for unsatisfactory conduct or want of capacity
anytime before the expiration of the probationary period. Such
action is appealable to the Civil Service Commission.
Appointments
2. Initial—this refers to all other appointments of persons
entering the government service for the first time whether
career or non-career which are not covered by the definition
of original appointment.
Appointments
3. Promotion—it is usually defined as the advancement of an
employee from one position to another with an increase in
duties and responsibilities as authorized by law, and usually
accompanied by an increase in salary. Promotion may be
from one department or agency to another or from one
organizational unit to another within the same department or
agency.
Appointments
4. Transfer—when there is the movement of an employee from
one position to another which is of equivalent rank, level or
salary without break in the service involving the issuance of
an appointment.
Appointments
5. Reemployment—it is the reappointment of a person who has
been previously appointed to a position in the career service
under permanent status but was separated therefrom as a
result of reduction in force, reorganization, retirement,
voluntary resignation or any non-disciplinary action such as
dropping from the rolls. Reemployment presupposes gap in
the service.
Appointments
6. Reappointment—refers to the re-issuance of an appointment
during reorganization, devolution, salary standardization,
rationalization or similar events or subsequent appointment of
substitute teachers. Reappointment presupposes no gap in the
service.
Appointments
7. Reinstatement—it is the term used when there is the issuance
of an appointment to a person who has been previously
appointed to a position in the career service and who has,
through no delinquency or misconduct, been separated
therefrom or to one who has been exonerated of the
administrative charges unless the decision exonerating him
specifies restoration to his previous position.
Appointments
8. Renewal—refers to the subsequent appointment issued upon
the expiration of the appointment of the contractual/casual
personnel, or temporary, if a qualified eligible is not actually
available. Renewal presupposes no gap in the service.
Appointments
9. Demotion—the term used to describe the movement of an
employee from one position to another with reduction in duties,
responsibilities, status or rank. It may or may not involve
reduction in salary if it is not disciplinary in nature.
There is demotion if an employee is assigned to a lower

position in the same service which has a lower rate of
compensation; this is even tantamount to a removal
(DOTC v. CSC, 202 SCRA 340 citing the case of Floreza
v. Ongpin).
Appointments
What is the reckoning point in determining the qualifications of
an appointee?
 The reckoning point is the date of issuance of the appointment

and not the date of its approval by the Civil Service
Commission (CSC v. Dela Cruz, 437 SCRA 403).
Appointments
What is the effect of an appointment to an office that is not
vacant?
 It is null and void ab initio (Morata v. CA, 11 SCRA 42).

Appointments
What is the nature of a temporary appointment or an appointment
in an “acting capacity”?
 It is essentially temporary and revocable in character and the

holder of such appointment may be removed any time even
without hearing or cause. An acting appointee cannot claim
security of tenure (Sevilla v. CA, 209 SCRA 637; Pangilinan v.
Maglaya, 225 SCRA 511).
Appointments
What is the nature of a provisional appointment?
 Under Section 24(e) of the Civil Service Act of 1959,

provisional appointment has been defined as one issued upon
prior authorization of the Civil Service Commission in
accordance with its provisions and the rules and standards
promulgated in pursuance thereto to a person who has not
qualified in an appropriate examination but who otherwise
meets the requirements for appointment to a regular position
in the competitive service, whenever a vacancy occurs and the
filing thereof is necessary in the interest of the service and
there is no appropriate register of eligibles at the time of
appointment.
Appointments
What is the nature of a provisional appointment?
Provisional appointments in general have already been

abolished by RA 6040 and by the Administrative Code of
1987 (Pangilinan v. Maglaya, 225 SCRA 511). However, it
still applies with regard to teachers under the Magna Carta
for Public School Teachers (U. P. Law Center).
Appointments
Can the Court inquire into the nature of an appointment in an
“acting capacity”? State your reason.
 Yes, in order to determine whether it is used as a device to

circumvent the security of tenure principle (Marohombsar v.
Alonto, Jr., 194 SCRA 390).
Appointments
May the holding of two permanent positions be allowed?
 Yes, in School institutions. Thus, a person can be a Professor

and the same time, a Vice-Chancellor. His work as a Vice-
Chancellor has a fixed term while his work as a Professor will
be until he retires or resigns (Tapales v. President and Board of
Regents of U. P., 7 SCRA 553).
Appointments
What must be the basis of an appointment under the civil service
law?
 Yes, in School institutions. Thus, a person can be a Professor

and the same time, a Vice-Chancellor. His work as a Vice-
Chancellor has a fixed term while his work as a Professor will
be until he retires or resigns (Tapales v. President and Board of
Regents of U. P., 7 SCRA 553).
Appointments
What must be the basis of an appointment under the civil service
law?
 It must be based on merit and fitness. The civil service law is

designed to eradicate the system of appointment based on
political considerations and to eliminate the element of
partisanship and personal favoritism in order to secure more
competent employees and thereby promote better government
(Meram v. Edralin, 154 SCRA 238).
Appointments
Does the power of the Civil Service Commission to take
appropriate action on all appointments include the power to
DISAPPROVE appointments? If so, what are the grounds?
 Yes. The Civil Service Commission has the power to

disapprove the appointment of a person who:
1. does not meet the qualifications for the position;
2. has been found guilty of a crime involving moral
turpitude, or of infamous, disgraceful conduct or
addiction to narcotics, or dishonesty;
Appointments

3. has been dismissed from the service for cause, unless an
executive clemency has been granted;
4. has intentionally made a false statement of any material
fact or has practiced or attempted to practice any form of
deception or fraud in connection with his appointment;
Appointments

5. has been issued such appointment in violation of existing
Civil Service Law, rules and regulations (Sec. 7, Rule V,
Omnibus Rules).
Appointments
What if any, is the limit of the authority of the Civil Service
Commission when it approves appointments to positions in the
civil service?
 Its authority is limited only to determine whether or not the

appointees possess the legal qualifications and the appropriate
eligibility (Office of the Ombudsman v. CSC, 451 SCRA 570).
Appointments
Define nepotism and give its purpose.
 It means favoritism in the appointment in the public service in

favor of a relative within the third degree either of
consanguinity or affinity by the appointing or recommending
authority. The PURPOSE of the prohibition is to ensure that
all appointments and other personnel actions in the civil
service should be based on merit and fitness and should never
depend on how close or intimate an appointee is, to the
appointing power. It likewise ensures the objectivity of the
appointing or recommending official by preventing that
objectivity from being in fact rested (Debulgado v. CSC, 237
SCRA 184).
Appointments
What is the scope of the prohibition on appointment of relatives
or who are covered by the prohibition?
 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 (1) appointing
or (2) recommending authority, or of (3) the chief of the
bureau or office, or of (4) the persons exercising immediate
supervision over him (Sec 59 Chapter 8, Civil Service Law
cited in CSC v. Tinaya, 451 SCRA 560).
Appointments
If the appointing power sees that the qualification of an applicant
is meritorious, yet the applicant is his relative, should the
applicant be appointed? Briefly explain.
 No. It is essential to stress that the prohibition applies without

regard to the actual merits of the proposed appointee and to
the good intentions of the appointing or recommending
authority and that the prohibition against nepotism in
appointments whether original or promotional is not intended
by the legislative authority to penalize faithful service
(Debulgado v. CSC, 237 SCRA 184).
Appointments
What is the extent of the authority of a Designated Officer-in-
Charge?
 One who has been designated as an Officer-in-Charge in the

absence of the regular incumbent does not have the authority
to appoint employees unless so stated in the designation issued
by the proper official.
Appointments
What is the extent of the authority of a Designated Officer-in-
Charge?
The Civil Service Commission has ruled in this wise:
“The power to appoint resides exclusively in the appointing authority

and is not deemed delegated to one who is merely an Officer-in-
Charge. The designation of an OIC is nothing more than a temporary
and convenient arrangement intended to avert paralyzation of the day-
to-day operations of an office in the meantime that the chief or head of
office temporarily absent. The OIC has no power to appoint unless the
designation issued by the proper appointing authority includes
expressly the power to issue appointment” (CSC Resolution No. 93-
5026).
Appointments
When an Acting Mayor may issue an appointment?
 Acting Mayor can exercise the power to appoint and to

discipline only after the lapse of thirty (30) working days from
the time the Mayor is temporarily incapacitated. This is so
since appointment and discipline involve the exercise of
discretion on the part of the head of office (CSC Resolution
No. 94-6892).
Personnel movements
Transfer
 It is a movement from one position to another which is of

equivalent rank, level, or salary without break in service
involving the issuance of an appointment.
 It shall not be considered disciplinary when made in the

interest of the public service, in which case, the employee
concerned shall be informed of the reasons therefore. If the
employee believes that there is no justification for the transfer,
he may appeal his case to the Civil Service Commission.
Personnel movements
Transfer
 The transfer may be from one department or agency to another

or from one organizational unit to another in the same
department or agency, provided however, that any movement
from non-career to the career service shall not be considered a
transfer (Sec 26 [3], Chapter 5, Book V, E.O. 292).
 It is still called transfer if one is appointed to a position in

another office or agency which has higher rank or salary grade
and there is no break in the service.
Personnel movements
Transfer
 However, before one may effect his transfer from one agency
to another, he must secure the written permission from the
head of office. Once permission is granted, the employee must
transfer within thirty (30) days counted from the date of such
permission otherwise he shall be deemed separated from his
former office.
Personnel movements
Transfer
 If the transfer is not effected, the employee concerned may

still request the head of his present office to withdraw the
permission so that he can return to his former position. If the
head of office allows the same but in the meantime the
position has already been filled up, he may be given
equivalent position provided he is qualified. The appointment
should also conform with other civil service rules and
regulations.
Personnel movements
Reassignment
 Reassignment refers to the assignment or movement of an

employee from one organizational unit to another in the same
agency, provided that there is no diminution of rank, status or
salary (Section 26 [7], Chapter 5, Book V, E.O. 292).
 Reassignment of an employee may be ordered by the head of

office when the exigencies of the service so require. This is,
however, subject to the condition that there will be no
reduction in rank, status or salary.
Personnel movements
Reassignment
 Reassignment is a management prerogative, which is

presumably exercised by the head office or appointing official
in the best interest of the service. Hence, unless malice and
bad faith are shown and in the absence of any diminution of
rank, status and salary on the part of the officer or employee
being temporarily reassigned, the Civil Service Commission
does not interfere with the exercise thereof (CSC Resolution
No. 99-0137, January 1999).
Personnel movements
Reassignment
 A reassignment order is generally implemented immediately

even if the employee does not agree with it. However, it does
not mean that an employee has no right to question the order.
The rule is that a reassigned employee who does not agree
with the order must nevertheless comply until its
implementation is restrained or it is declared to be not in the
interest of the service or have been issued with grave abuse of
discretion (CSC Resolution No. 96-2016, March 12, 1996 cited
in CSC Resolution No. 99-0327, February 3, 1999).
Personnel movements
Reassignment
 Although an employee may question his reassignment, it is

incumbent upon him to comply with the same until the proper
authorities declare otherwise. To ignore such order will make
him open to charges of neglect of duty and insubordination. If
he does not report to the station to which he is being
reassigned he may even be dropped from the service due to
absence without official leave.
Personnel movements
Detail
 It is the movement of an employee from one agency to another

without the issuance of an appointment and shall be allowed
only for a limited period in the case of employees occupying
professional, technical, and scientific positions. If the
employee believes that there is no justification for the detail,
he may appeal his case to the Civil Service Commission.
Pending appeal, the decision to detail the employee shall be
executory unless otherwise ordered by the Commission
(Section 26 [6], Chapter 5, Book V, E.O. 292).
Personnel movements
Detail
 The employee detailed to another unit/agency receives his

salary only from his mother unit/agency. Detail shall be
allowed only for a maximum period of one (1) year in the case
of employees occupying professional, technical and scientific
position. In the case of other employees, detail beyond one (1)
year may be allowed provided it is with the consent of the
detailed employee (Section 6, Rule III, MC No. 40, s. 1998).
Personnel movements
Secondment
 It is the movement of an employee from his office to another,

which is temporary in nature, and which may or may not
require the issuance of an appointment but may either involve
reduction or increase in compensation (Section 6 [c], MC No.
40, s. 1998).
Personnel movements
Secondment
 CSC Memorandum Circular No. 40, s. 1998, enumerates the

general guidelines relative to secondment as follows:
1. It is limited to employees occupying professional,
technical and scientific positions. Thus, employees
belonging to other occupational groupings may not be
allowed to be seconded to other offices.
Personnel movements
Secondment

2. When the secondment is for a period of one (1) year or
more, it shall require the approval of the Civil Service
Commission. It follows that no approval of the
Commission is required when the period of secondment is
less than one (1) year.
Personnel movements
Secondment

3. Secondment to international bodies/organizations
recognized by the Philippine government may be allowed.
Such bodies may include the United Nations and related
agencies which require the particular expertise of the
seconded employee.
Personnel movements
Secondment

4. Secondment shall be covered by a written agreement
between the agency of origin and the receiving agency
with the concurrence of the seconded employee. The
agreement shall be submitted to the Civil Service
Commission for recording purposes.
Personnel movements
Secondment

5. Salaries of the seconded employee shall be borne by the
receiving agency. When a higher compensation is given by
the receiving agency and this is covered by an approved
appointment, such higher salary may be used for the
purpose of computing the retirement benefits of the
employee. However, it may not be used for the commutation
of leave credits earned in the mother agency. When the
salary of the receiving agency is lower, the difference shall
be borne by the mother agency. This is, however, does not
apply when the receiving agency is an international agency.
Personnel movements
Secondment

6. The employee shall be considered on leave without pay
from his mother agency for the duration of his
secondment, and during such period, he may earn leave
credits from the receiving agency which must commute
and immediately pay the same at the termination of said
secondment.
Leave
• Leave of absence is generally defined as a right granted to
officials and employees not to report for work with or without
pay as may be provided by law and as the rules prescribed in
Rule XVI of Omnibus Rules on Leave.
• Commutation of leave credits refers to conversion of unused
leave credits to their corresponding money value.
• Commulation of leave credits refers to incremental acquisition
of unused leave credits by an official or employee.
• Sick leave refers to leave of absence granted only on account of
sickness or disability on the part of the employee concerned or
any member of his immediate family.
Leave
• Vacation leave refers to leave of absence granted to officials
or employees for personal reasons, the approval of which is
contingent upon the necessities of the service.
• Monetization refers to payment in advance under prescribed
limits and subject to specified terms and conditins of the
money value of leave credits of an employee upon his request
without actually going on leave.
• Maternity leave refers to leave of absence granted to a female
government employees legally entitled to thereto in addition to
vacation and sick leave.
Leave
• Paternity leave refers to the privilege granted to a
married male employee allowing him not to report for
work for seven (7) days while continuing to earn the
compensation therefor, on the condition that his
legitimate spouse has delivered a child or suffered a
miscarriage, for purposes of enabling him to effectively
lend care and support to his wife before, during and after
childbirth as the case may be and assist in caring for his
newborn child.
• Terminal Leave refers to money value of the total
accumulated leave credits of an employee based on the
highest salary rate received prior to or upon retirement
date / voluntary separation.
Leave
• Special Leave privilege refers leave of absence which
officials and employees may avail of for a maximum of
three (3) days annually over and above the vacation,
sick, maternity and paternity leaves to mark personal
milestones and/or attend to filial and domestic
responsibilities.
• Relocation leave refers to special leave privilege
granted to official/employee whenever he/she transfers
residence.
• Five (5) days forced/mandatory leave all official or
employees with 10 days or more vacation leave credits
shall be required to go on vacation leave whether contin
intermittent for a minimum of five (5) working days
annually.
Leave
• Vacation leave - 15 days
• Sick leave - 15 days
annually with full pay exclusive of Saturdays, Sundays, Public
Holidays without limitation as to the number of days of
vacation or sick leave that they may accumulate.
Jurisdiction
Importance of Acquiring Jurisdiction
Acquiring jurisdiction over an administrative case against

civil servant is vital since failure to do so would render the entire
proceedings null and void. More importantly, any decision issued
could not be imposed, enforced or implemented.
The Civil Service Commission shall hear and decide

administrative cases instituted by, or brought before it, directly or
on appeal, including contested appointments, and shall review
decisions and actions of its offices and of the agencies attached to
it.
Applicability of the
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
Only employees in the public sector or civil servants are

subject to administrative proceedings and disciplinary authority
of the Civil Service Commission.
Employees in the private sector, on the other hand, are

governed by the provisions of the Labor Code and other labor
laws, rules and regulations.
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
Who are Civil Servants?
 As defined under the Uniform Rules on Administrative Cases

in the Civil Service (URACCS), CIVIL SERVANT refers to
all men and women in all branches, subdivisions,
instrumentalities and agencies of the government, including
government owned or controlled corporations with original
charters.
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
Who are Civil Servants?
On the other hand, the Philippine Civil Service Employee

Handbook provides for a more detailed definition, to wit:
“Civil Service is the generic term of the men and women

employed in the government to carry out public services in all
its branches, subdivisions and instrumentalities. This
encompasses the executive, legislative and judicial branches
of government. They work in provincial, city and municipal
governments. They include those working in the government
owned or controlled corporations, and state colleges and
universities”.
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
Except as otherwise provided by the Constitution or by law, the

Civil Service Commission shall have the final authority to pass
upon the removal, separation and suspension of all officers and
employees in the civil service and upon all matters relating to the
conduct, discipline and efficiency of such officers and employees
.
Example:
 Employees of local water districts are under the jurisdiction of
the CSC. As held in Davao Water District v. CSC, 201 SCRA
593, Local Water Districts, as government-owned and
controlled corporations with original charters, are covered by
the Civil Service law and rules.
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
Example:
1. Employees of local water districts are under the jurisdiction
of the CSC. As held in Davao Water District v. CSC, 201
SCRA 593, Local Water Districts, as government-owned and
controlled corporations with original charters, are covered by
the Civil Service law and rules.
2. The Philippine National Red Cross (PNRC) is a government
owned and controlled corporation with original charter, thus,
the Civil Service Commission has jurisdiction over its
employees. As such, disciplinary jurisdiction attaches over
them in the same manner that all appointments thereat should
pass through the Commission (Camporedondo v. NLRC, 312
SCRA 47).
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
Example:
3. Employees of the Light Rail Transit Authority are civil
servants since it is government owned and controlled
corporation with original charter, that is, Executive Order No.
603, Series of 1980 as amended (LRTA v. Venus Jr., G.R. No.
163782, March 24, 2006).
4. The Philippine Amusement and Gaming Corporation
(PAGCOR) belongs to the Civil Service because it was
created directly by PD 1869 on July 11, 1983 (PAGCOR v.
CA, 202 SCRA 191-194).
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
The following are Civil Servants but NOT under the disciplinary
jurisdiction of the Civil Service Commission.
1. Employees of the Judiciary since Section 6, Article VIII of
the 1987 Constitution exclusively vests in the Supreme Court,
administrative supervision over all courts and court
personnel, from the Presiding Justice of the Court of Appeals
down to the lowest municipal trial court clerk. By virtue of
this power, it is only the Supreme Court that can oversee the
Judges’ and court personnel’s compliance with all laws, and
take the proper administrative action against them if they
commit any violation thereof (Maceda v. Vasquez, 221 SCRA
464).
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
2. Personnel of the Philippine Judicial Academy (PHILJA)
(CSC Resolution No. 99-1787, August 11, 1999).
3. Presidential appointees since they are under the disciplinary
jurisdiction of the President of the Republic of the Philippines
(DOH v. Camposano, G.R. No. 157684, April 27, 2005).
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
4. Cadets undergoing training at the Philippine National Police
Academy (PNPA) are not government employees. The
rationale is that under the Civil Service Law and Rules, all
officers and employees both in the career and non-career
service must be issued an appointment in Civil Service Form
No. 22 [Rule II, CSC MC No. 40, s. 1998] before being
covered. This appointment is absent with respect to cadets,
instead the PNPA engages cadets through the issuance of
General Orders (CSC Resolution No. 02-0122, January 24,
2002).
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
5. Prosecutors of the Department of Justice. The rationale is that
being Presidential appointees (Section 9 of Title III of the
Administrative Code), they are under the disciplinary
jurisdiction of the President. This is in line with the settled
principle that the “power to remove is inherent in the power
to appoint” conferred to the President by Section 16, Article
VII of the Constitution (CSC Resolution No. 01-0269,
January 26, 2001).
the Civil
Civil Service
Service Law,
Law, Rules
Rules and
and Regulations
Regulations
6. Government officials who can only be removed from office
through impeachment proceedings such as the President, the
Vice President, members of the Supreme Court, the members
of the Constitutional Commissions, and the Ombudsman
(Section 2, Article XI of the 1987 Constitution).
7. Senators.
8. Members of the House of Representatives.
Jurisdiction of Disciplining Authorities
The Disciplining authorities of agencies, and local government units shall
have original concurrent disciplinary jurisdiction with the Civil Service
Commision over their respective officials and employees.
The decisions shall be final in case the penalty imposed is suspension for
not more than thirty (30) days or fine in an amount not exceeding thirty (30)
days salary subject to Section 7(A)(5) of these rules.
In case the decision rendered by a bureau or office head is appealable to the

Commission, the same may be initially appealed to the Department and finally
to the Commission and pending appeal, the same shall be executory except
when the penalty is dismissal frhe service, in whch case the sme shall be
executory only after confirmation by the Secretary concerned. (Sec. 9, 2017
RACCS)
Applicability of the 2017 RACCS
These Rules shall apply to all disciplinary and non-
disciplinary administrative cases or matters brought before the
Civil Service Commission (CSC) and its regional/field offices,
agencies of the national government, local government units,
state universities and colleges (SUCs) or local universities and
colleges (LUCs), and government-owned or controlled
corporations with original charters except as may be provided by
law.

Unless otherwise provided by law, rules formulated by the
agencies shall not be in conflict with these Rules. (Section 2,
2017 RACCS).
Applicability of the 2017 RACCS
NOTE:
Although employees of the judicial department are not under

the disciplinary jurisdiction of the CSC, the offenses and
penalties enumerated in the 2017 RACCS were made applicable
to them.
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CIVIL SERVICE LAW,

RULES AND REGULATIONS

• Misfeasance - means improper performance of an act

• Malfeasance - means performance of an act which

• Nonfeasance - means omission of an act which ought

• First level eligibilities are appropriate for appointment to

• Do not apply to those covered by bar/board/special laws, and

• Second level eligibilities are appropriate for appointment to

• They do not apply to those covered by bar/board/special laws,

• Eligibilities resulting from passing the bar/board examinations

• Eligibilities resulting from passing the bar/board examinations

• Eligibilities resulting from passing the bar/board examinations

Conducted by CSC or by the department or agencies with the

Eligibilities granted after one year of Very Satisfactory actual

Eligibilities previously issued under Category I (SCEP) shall

Licenses issued by authorized government agencies shall be

Passing the NAPOLCOM examinations shall be considered

Passing the Shari’a Bar Examinations shall be considered as

Merit Selection Plan (MSP)

• Shall cover positions in the first and second level and

• Officers and employees who are absent without approved

• No elective official shall be eligible for appointment in any

• No elective or appointive public officer or employee shall receive

• A person holding a public appointive office or position,

• No detail or reassignment shall be made within 3 months

• Nothing herein provided shall be understood to prevent any

• Nepotism covers all kinds of appointments regardless of

• The Rule on Nepotism applies to designation.

• However, in the non-career service the prohibition extends to

• Withdrawal or revocation of an appointed already accepted by

• Transfer of heads of oversight agencies and their staff or being

Exempted from Nepotism

a) persons employed in a confidential capacity

In Resolution No. 86-312, dated September 24, 1986, the Civil

This eligibility is considered appropriate to all second level

In Legal Education Board (LEB) Resolution no. 2019-406 dated

This benefit was expanded by Executive Order No. 790, S.

Also, if the appointee fails to assume the position within

The lowest position in an occupational grouping is

For purposes of meeting the required training, the

In determining the relevance of education and experience

By the very nature of the office, appointees appointed to

Appointment to a contractual or casual position does not

Effective January 1, 1993, substitution of deficiency in

Appointment may be defined as the selection, by the authority

Designation, on the other hand, connotes merely the imposition

However, where the person is merely designated and not

There is demotion if an employee is assigned to a lower

 The reckoning point is the date of issuance of the appointment

 It is null and void ab initio (Morata v. CA, 11 SCRA 42).

 It is essentially temporary and revocable in character and the

 Under Section 24(e) of the Civil Service Act of 1959,

Provisional appointments in general have already been

 Yes, in order to determine whether it is used as a device to

 Yes, in School institutions. Thus, a person can be a Professor

 Yes, in School institutions. Thus, a person can be a Professor

 It must be based on merit and fitness. The civil service law is

 Yes. The Civil Service Commission has the power to

 Yes. The Civil Service Commission has the power to

 Yes. The Civil Service Commission has the power to

 Its authority is limited only to determine whether or not the

 It means favoritism in the appointment in the public service in

 All appointments in the national, provincial, city and

 No. It is essential to stress that the prohibition applies without