Chapter V

Management of Human
Resources
(Part 2)
By:
JACKELYN A. DE
TORRES
 Motivating and Training
 The Civil Service Commission through its Office of Human
Resources Development functions as the clearing house of the
entire civil service training and development machinery.
 This training program is aimed at upgrading skills and developing
the necessary qualities for more efficient, progressive, honest and
courteous performance of assigned tasks.
 The broad areas of the training program include the following
courses administered through rotational seminars:
 Values Formation
 Efficiency, Capacity and Competence
 Goals and Objectives Reorientation
 Employee Discipline
Values Formation
a component of in-service training for civil servants.
tackles different aspects of values formation like the
basic principles of honesty, industry, perseverance,
courage, patience, determination and willingness to
work in the government.
relates to the merit principle and instills in the civil
servants social responsibility and accountability to the
people.
It strengthens the idea that civil servants are public
trustees who must be educated into the virtues and
values of commitment to public service.
Efficiency, Capacity and Competence
These are basic objectives of the values formation program.
The ECC program which stands for efficiency, capacity and
competency is mainly handled by the unit of the commission
for personnel training and management which supervises,
monitors, regulates and follows up the program through the
use of orientation and reorientation modules.
The chairman of the civil service commission coordinates with
the heads of the different departments of government regarding
performance-based evaluation of civil servants.
The heads of the different departments submit a summary
evaluation of the ratings of every employee to determine
efficiency, capacity, and competence as shown by the in-service
training program results.
 Goals and Objectives Reorientation
This program is spearheaded by the Central
Administration Office which outlines the well-defined
functions of the entire government bureaucracy. This
reorientation program seeks to improve the efficiency
of the civil servants and emphasizes specific roles of
government in the time-consuming delivery of basic
services to the people.
The DART (Do Away with the Red Tape), as one of
these programs initiated by the Commission, is an
actual result of this training scheme designed to
restructure the organizational framework to facilitate
the transaction of business with bureaucracy.
 Goals and Objectives Reorientation
Specific responsibilities are entrusted and spelled out for certain entities in
order to avoid duplication of effort and overlapping of training functions,
1. Public and private colleges and universities and similar institutions are
encouraged to organize and carry out continuing programs of executive
development.
2. The Commission itself, the Commission on Audit, the Department of
Budget and Management, the General Services Administration, and
other central staff agencies conduct centralized training and assist in the
training program of the department or agencies in their respective
functional areas of specialization.
3. In coordination with the Commission, the Department of Interior and
Local Government undertakes local government training programs.
4. Each department or agency, province or city establishes, maintains and
promotes a systematic plan of action for personnel training at all levels
in accordance with standards laid down by the Commission. It maintains
appropriate training staffs and make full use of available training
facilities.
 Goals and Objectives Reorientation

Whenever the need arises, the Commission shall

undertake programs for personnel development. One
component of these programs is evaluation which is
administered in accordance with rules, regulations,
and standards promulgated by the Commission for
all officers and employees in the career service.
Such performance evaluation system will help improve
employee efficiency and organizational effectiveness.
 Employee Discipline
Training people is not the only way to enhance employee competence and
skills. Disciplining employees is a necessary complement of training. For
this purpose the Commission has set the grounds for disciplinary action against
the following offenses and infractions of rules and regulations.
1. Dishonesty
2. Oppression
3. Neglect of Duty
4. Misconduct
5. Disgraceful or immoral conduct
6. Notoriously undesirable acts
7. Discourtesy in the course of official duties.
8. Inefficiency and incompetence in the performance of official duties.
9. Receiving, for personal use, of a fee, gift or other valuable thing in the
course of official duties especially when such fee, gift or other valuable thing
is given by any person in the hope or expectation of receiving a favor or
better treatment, or committing acts punishable under the anti-graft laws.
10.Conviction of a crime involving moral turpitude.
 Employee Discipline

11.Improper or unauthorized solicitation of contribution from subordinate

employees and by teachers or school officials from school children.
12.Violation of existing civil service laws and rules of reasonable office
regulations.
13.Falsification of official documents.
14.Frequent unauthorized absences or tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty during regular office hours.
15.Habitual drunkness.
16.Gambling prohibited by laws.
17.Refusal to perform official duty or render overtime services.
18.Disgraceful, immoral or dishonest conduct prior to entering the service.
19.Physical or mental incapacity or disability due to immoral or vicious habits.
20.Borrowing money by superior officers from subordinates to superior officers.
 Employee Discipline
21.Lending money at usurious rates of interest.
22.Willful failure to pay just debts or willful failure to pay taxes due to the
government.
23.Contracting loans of money or other property from persons with whom the
office of the employee concerned has business relations.
24.Pursuit of private business, vocation or profession without the permission
required by civil service rules and regulations.
25.Insubordination.
26.Engaging directly or indirectly in partisan political activities by one holding a
non-political position which is a violation of Act. IX Section 2 of
Memorandum Circular No. 4, Series of 1987 of the Civil Service
Commission.
27.Conduct prejudicial to the best interest of the service.
28.Lobbying for personal interest or gain in legislative halls or offices without
authority.
29.Promoting the sale of tickets in 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.
 Implementation of Disciplinary Measures
Penalties imposed include removal from the service, demotion
in rank, suspension for not more than one (1) year without pay, a
fine of an amount not exceeding six (6) months salary or
reprimand. The penalty shall be determined by the disciplinary
authority of the commission or any group in the agency authorized by
the Commission.
The Commission, through the disciplining authority directly
investigates any administrative case. If the complainant is not
satisfied with the investigation result, he can bring the matter directly
to the Commission. Heads or secretaries who possess supervisory
power over their respective departments may be authorized to
conduct the investigation and submit the results of the investigation to
the Civil Service Commission with a recommendation as to the
penalty to be imposed or the action to be taken.
 Implementation of Disciplinary Measures
Suspension for not more than thirty (30) days or a fine of an
amount not to exceed the salary for thirty (30) days may given by
the Heads, Secretaries and other Head Officers, in the provinces,
municipalities and cities as a final decision but those concerning
removal or dismissal from the service are determined directly by the
disciplining authority within the commission.
The disciplining authority or group authorized by the Civil Service
Commission may employ judicial process in determining the
punishment but may not strictly follow judicial proceedings. The
disciplining authority or the authorized group studies the evidences
presented. If they see that a “prima facie” evidence exists, then the
authorized personnel will notify the employee charged with the
violation. If there is no “prima facie” evidence then the case is
dropped.
 Implementation of Disciplinary Measures
The investigation starts not earlier than 5 days nor later than 10 days from the time
of the receipt of the notice and shall be finished within 30 days unless recommended
otherwise by the Commission. All the reports of results are submitted within the 15 days
from the conclusion of the investigation. If the subject of the investigation is the Secretary
or Head, the investigating committee can exercise complete power to act as the judge and
may even place the civil servant under “preventive suspension” or suspend the government
employee from his/her work by direct order the Head of the Department. However,
suspension will not last beyond 90 days. If the person charged wants to prove that he is
innocent of the charge, he must submit his material evidence (documents, report, etc.) and
his sworn statement and that of the witnesses to the investigating body which will study the
case. The decision should be handed down within the maximum period of 30 days and
submitted to the Commission. Thereafter, the respondent can make an appeal to the
disciplining office which will study and decide the case which is the subject of a petition for
reconsideration. In some cases, judicial process may not apply (1) when the charge is
serious and the evidence of guilt is strong; (2) when the respondent is a recidivist or has been
repeatedly charged and there is reasonable ground to believe that he is guilty of the present
charge; (3) when the respondent is notoriously undesirable. The President has the power to
nullify a decision of removal or dismissal provided that the decision is for the good of the civil
servant. These disciplinary measures are intended to guarantee efficient, honest, competent
and effective service as envisioned by Article IX Section 3 of the 1987 Constitution.
 Retirement
Civil servants receive the fullest support of government in
return for the services rendered to the public. Compulsory
retirement age is 65. The retiree is entitled to certain
benefits as the Retirement Law provides. These include
scholarship grants to any one of his children, monthly
pension, citations from the Civil Service Commission for
lifetime service or achievement and other appropriate
compensation and securities forming part of the annuities
which accrue to the retiree.
The office of Retirement Administration enforces the
constitutional and statutory provisions relative to retirement
and the regulations for the effective implementation of the
retirement policies of the government.
Government Employees and the Right to Strike
The issue regarding government workers forming unions but
banned from staging strikes has always been a problem.
According to Section 8, Article III and paragraph 5, Section 2 of
Article IX of the 1987 Constitution, government employees in the
civil service are granted the right to form unions like those
enjoyed by workers in the private sector.
Section 3 of Article XIII of the Constitution mandates the
state to afford full protection to labor and promote full
employment and equality of employment opportunities for all
and guarantees the right to self organization, collective
bargaining, negotiations and peaceful concerted acts,
including the right to strike.
 Government Employees and the Right to Strike
There are varying interpretations of these guarantees of forming
unions and engaging in strikes by the Civil Service Commission itself.
During the term of Chairman Celerina G. Gotladera, she prohibited
government employees from staging strikes and demonstrations,
mass leaves, walkouts and other forms of mass actions which will
result in stoppage of work and disruption of delivery of essential
services. A memorandum was issued providing administrative
sanctions against striking employees. She argued that civil servants
are accorded by law a status that requires and demands
allegiance and loyalty to government. Civil servants are therefore
expected to accept limitations and constraints on the exercise of such
rights normally granted to employees in the private sector. While the
constitution provides for the right to strike, it does not specify what
portion of the men in the bureaucracy are covered or exempted by
such provision.
Government Employees and the Right to Strike
While the constitution provides for the right to strike, it
does not specify what portion of the men in the
bureaucracy are covered or exempted by such provision.
With Chairman Patricia Sto. Tomas the constitutional
right of government workers to strike was upheld to the
exclusion of those performing sensitive work or vital
public services. The Commission endorsed Senate Bill
405 entitled an Act to Promote Public Sector
Unionism, Collective Bargaining and Peaceful
Resolution and Creating the Public Service Labor
Relations Board.
It defines the categories of government employees which
may not form unions and go on strike:
 Government Employees and the Right to Strike
a. persons holding elective officer
b.employees of Congress and other units of government whose principal
duties are directly related to the functions of legislation
c.employees in the office of the President or any agency whose functions
are directly related to the performance of executive functions of the
President
d.members of the armed forces of the Philippines, the police and para-
military organizations
e.employees of the Public Service Labor Relations Board
f.confidential and managerial employees
g.employees and officers of the courts, assistants to the Solicitor General,
lawyers of the government corporate counsel, prosecuting attorneys, fiscal,
clerks of court and other employees of the judiciary
h.students working as part-time government employees
i.seasonal and casual employees
j.part-time faculty members of public educational institutions.
Government Employees and the Right to Strike

Setting the parameters of individual rights and

community welfare is difficult but not necessarily an
impossible task to accomplish. The Civil Service
Commission exercises maximum flexibility in the
interpretation and implementation of the
constitutional provisions on self-organization. While
it tolerates strikes, employees have to prove the
existence of mismanagement, graft and corruption and
oppression committed by management in addition
whatever are already provided for by legislation.
Professionalizing the Civil Service

As an independent constitutional body, the Civil

Service Commission has a latitude of powers over
human resource management. This includes the power
to adopt and implement policies to professionalize the
civil service and ultimately the whole governmental
bureaucracy. This calls for identification of specialized
position categories requiring at least four years college
education.
 Professionalizing the Civil Service
Resolution 51-1560 of December 12, 1991, has set the most
recent policies to further professionalize the government service
realizing that “advance in social, cultural and scientific fields
have been accelerating at constant phase that the need for
improvement in requisite knowledge and skills to respond
to such advances has become imperative.” The new
requirement seeks to “prepare the present corps of civil
servants for higher responsibilities and provide mobility and
improved career progression for the young incumbents in
the government.”
Because the principle of merit and fitness dictates that the
best qualified shall serve the state, other requirements are
envisioned:
 Effective January 1, 1993:
a. No substitution shall be allowed for the education and experience
requirements of specific positions in the government. If graduation from a
college course is necessary for appointment to positions in the second level
(PROFESSIONAL), deficiencies in college education may no longer be
substituted with experience or vice versa;
b. Except for civil service eligibility requirement, appointee to
confidential/personal staff and other positions in the non-career service must
meet the requirements of the position involved. Neither shall appointments be
allowed in favor of persons 65 years old or over, even in coterminous positions;
c. No extension of services shall be allowed for those who have reached the
compulsory retirement age except for those under consultancy status;
d. Policies requiring an appointee to possess an eligibility resulting from a Bar
or Board examination will be strictly enforced. For example, an appointee to
any accountant position must hereafter possess a CPA (RA 1080, as amended)
eligibility;
e. Accreditation of services for appointments not submitted to the Civil Service
Commission will no longer be entertained.
 Starting January 1, 1995
a. Except full-fledged lawyers and Doctors of
Medicine, all appointees to division chief positions (SG-
24) or equivalent rank must possess a Masteral degree
in addition to the eligibility and experience requirements.
In no case shall an appointment be made effective
prior to the publication of the vacancy in a newspaper of
general circulation/ Bulletin of Vacant Positions in the
Government, prior to the date on which the appointee
reports for duty, or its issuance by the appointing
authority, whichever occurs later.
 Starting January 1, 1995
All those holding permanent appointments even if they do not
meet the above-mentioned standards for the specific positions as
of the effectivity of these rules shall continue in a permanent
capacity. However, they may not be promoted anymore to a higher
position until they meet the qualifications requirements of that
higher position.
Agency heads are encouraged to identify staff members whose
performance prefigures possible promotions. Staff development
activities must be pursued to allow promising and deserving
employees to finish requirements either for a basic college degree
or graduate courses leading to a Master’s degree. Government
employees are likewise advised to develop themselves either
through their own initiative or by availing of development
opportunities provided by the government or private institutions.
The Grievance Machinery of Government 

The grievance machinery is a mechanism to promote

wholesome and harmonious working relationship of
employer and employee. It is the tool of government
to avoid labor strikes and break the wall separating
management and the labor sector. It is intended to
protect the right of labor and of management and give
what is due to each of the parties concerned.
The Grievance Machinery of Government 
A grievance may arise as a question by either employer or an
individual or union regarding the interpretation of personnel policies
or any claim by either party that the other is violating said policies.
It could be brought about by failure to respect terms and conditions
of employment. It indicates dissatisfaction over working conditions,
organizational relationship or statutes which have been ignored or
not given due course or dropped without due consideration.
Grievance procedure is the method by which a complaint, charge,
allegation or any management-employee discord is provided a
remedy or solution which is the reason for filing a grievance.
The grievance may be filed by the employee or through an
employee organization.
 Employee-management disputes are resolved through the following:

a. mediation or conciliation

In both methods there is a third party which offers to

serve as go-between for the disputing parties. Such offer
to help reach a settlement is primarily intended to
prevent the dispute from openly arising. If a dispute has
already arisen, the role of the mediator or conciliator is to
prevent the dispute from escalating further or terminate
through amicable settlement. Conciliation and mediation
can still be resorted to even during the arbitration phase
of the settlement effort.
 Employee-management disputes are resolved through the following:

b. voluntary arbitration

In this method, the parties to a dispute voluntarily

submit themselves to the arbitration process with the
arbitrator chosen on the basis of mutual consent. The
parties to the dispute mutually agree to abide by the
arbitral award. The decision of the arbitrator is therefore
final and executory and binding. In government,
settlement through voluntary arbitration is made within a
period of sixty days.
 Employee-management disputes are resolved through the following:
c. compulsory arbitration
This is resorted to when a dispute has become irreconcilable
and can no longer be resolved by conciliation or mediation because
the conflict had gone too far or a strike situation has already
emerged. In such a situation, either one or both protagonists may
petition for compulsory arbitration or avail of certification for
compulsory arbitration but remains unresolved after a period of
sixty days. In the two situations cited, the Public Sector Arbitration
Board automatically assumes jurisdiction. More so if the dispute
constitutes a threat to national security and public safety or
because continued labor-management stalemate jeopardizes social
and economic stability. Pertinent civil service laws and other related
applicable and approved procedures should be followed in resolving
and settling grievances, complaints and disputes between
government workers and management.
Thank you!
Keep safe.
God bless.
by: Jackelyn A. De Torres