Eo 292_administrative Code of 1987_book V_title 1_csc

7/25/2019 Eo 292_administrative Code of 1987_book V_title 1_csc

1/21

E.O. 292 - THE ADMINISTRATIVE CODE OF 1987

BOOK V

OFFICE OF THE PRESIDENT

TITLE I

CONSTITUTIONAL COMMISSIONS

SUBTITLE A

CIVIL SERVICE COMMISSION

CHAPTER 1

GENERAL PROVISIONS

SECTION 1.Declaration of Policy.The State shall insure and promote the Constitutional

mandate that appointments in the Civil Service shall be made only according to merit and fitness;that the Civil Service Commission, as the central personnel agency of the Government shall

establish a career service, adopt measures to promote morale, efficiency, integrity,

responsiveness, and courtesy in the civil service, strengthen the merit and reards system,

integrate all human resources development programs for all levels and ran!s, and institutionali"ea management climate conducive to public accountability; that public office is a public trust and

public officers and employees must at all times be accountable to the people; and that personnel

functions shall be decentrali"ed, delegating the corresponding authority to the departments,offices and agencies here such functions can be effectively performed.

SECTION 2.Duties and #esponsibilities of Public $fficers and %mployees.Public $fficers

and employees shall have the duties, responsibilities, and accountability provided in Chapter &,

'oo! ( of this Code.

SECTION 3. Terms and Conditions of %mployment.The terms and conditions of employment

of all government employees, including those in government)oned or controlled corporations

ith original charters, shall be fi*ed by la. The terms and conditions of employment hich are

not fi*ed by la may be the sub+ect of negotiation beteen duly recogni"ed employeesorgani"ations and appropriate government authorities.

SECTION 4. Compensation.The Congress shall provide for the standardi"ation ofcompensation of government officials and employees including those in government)oned or

controlled corporations ith original charters, ta!ing into account the nature of theresponsibilities pertaining to, and the -ualifications re-uired for the position concerned.

SECTION 5.Definitions of Terms.s used in this title, the folloing shall be construed thus/

012 gency means any bureau, office, commission, administration, board, committee, institute,

corporation ith original charter, hether performing governmental or proprietary function, orany other unit of the 3ational Government, as ell as provincial, city, or municipal government,

e*cept as hereinafter otherise provided.

042 ppointing officer is the person or body authori"ed by la to ma!e appointments in the

Philippine Civil Service.

052 Class includes all positions in the government service that are sufficiently similar as to duties

and responsibilities and re-uire similar -ualifications that can be given the same title and salary

and for all administrative and compensation purposes, be treated ali!e.

062 Commission refers to the Civil Service Commission.


2/21


072 Chairman refers to the Chairman of the Commission.

082 Commissioner refers to either of the to other members of the Commission.

092 Department includes any of the e*ecutive departments or entities having the category of a

department including the +udiciary, Commission on %lections and Commission on udit.

0:2 %ligible refers to a person ho obtains a passing grade in a civil service e*amination or is

granted a civil service eligibility and hose name is entered in the register of eligibles.

0&2 %*amination refers to a civil service e*amination conducted by the Commission and its

regional offices or by other departments or agencies ith the assistance of the Commission, or in

coordination or +ointly ith it, and those that it may delegate to departments and agenciespursuant to this Title, or those that may have been delegated by la.

012


3/21


092 Permanent laborers, hether s!illed, semi)s!illed, or uns!illed.

SECTION 8.Classes of Positions in the Career Service.012 Classes of positions in the career

service appointment to hich re-uires e*aminations shall be grouped into three ma+or levels as

follos/

0a2 The first level shall include clerical, trades, crafts, and custodial service positions hichinvolve non)professional or subprofessional or! in a non)supervisory or supervisory capacity

re-uiring less than four years of collegiate studies;

0b2 The second level shall include professional, technical, and scientific positions hich involve

professional, technical, or scientific or! in a non)supervisory or supervisory capacity re-uiringat least four years of college or! up to Division Chief level; and

0c2 The third level shall cover positions in the Career %*ecutive Service.

042 %*cept as herein otherise provided, entrance to the first to levels shall be throughcompetitive e*aminations, hich shall be open to those inside and outside the service ho meetthe minimum -ualification re-uirements. %ntrance to a higher level does not re-uire previous

-ualification in the loer level. %ntrance to the third level shall be prescribed by the Career

%*ecutive Service 'oard.

052 >ithin the same level, no civil service e*amination shall be re-uired for promotion to ahigher position in one or more related occupational groups. candidate for promotion should,

hoever, have previously passed the e*amination for that level.

SECTION 9. 3on)Career Service.The 3on)Career Service shall be characteri"ed by 012

entrance on bases other than those of the usual tests of merit and fitness utili"ed for the careerservice; and 042 tenure hich is limited to a period specified by la, or hich is coterminous

ith that of the appointing authority or sub+ect to his pleasure, or hich is limited to the duration

of a particular pro+ect for hich purpose employment as made.

The 3on)Career Service shall include/

012 %lective officials and their personal or confidential staff;

042 Secretaries and other officials of Cabinet ran! ho hold their positions at the pleasure of the

President and their personal or confidential staff0s2;

052 Chairman and members of commissions and boards ith fi*ed terms of office and their

personal or confidential staff;

062 Contractual personnel or those hose employment in the government is in accordance ith a

special contract to underta!e a specific or! or +ob, re-uiring special or technical s!ills not

available in the employing agency, to be accomplished ithin a specific period, hich in no case

shall e*ceed one year, and performs or accomplishes the specific or! or +ob, under his onresponsibility ith a minimum of direction and supervision from the hiring agency; and

072 %mergency and seasonal personnel.


4/21


5/21


6/21


officials and employees, such as the Government Service (nsurance System,


7/21


092 The $ffice of Position Classification and Compensation shall formulate and implementpolicies, standards, rules and regulations relative to the administration of position classification

and compensation.

0:2 The $ffice of #ecruitment, %*amination and Placement shall provide leadership and

assistance in developing and implementing the overall Commission programs relating torecruitment, e*amination and placement, and formulate policies, standards, rules and regulations

for the proper implementation of the Commissions e*amination and placement programs.

0&2 The $ffice of Career Systems and Standards shall provide leadership and assistance in theformulation and evaluation of personnel systems and standards relative to performance appraisal,

merit promotion, and employee incentive benefits and aards.

012 The $ffice of Auman #esource Development shall provide leadership and assistance in the

development and retention of -ualified and efficient or! force in the Civil Service; formulatestandards for training and staff development; administer service)ide scholarship programs;

develop training literature and materials; coordinate and integrate all training activities andevaluate training programs.

0112 The $ffice of Personnel (nspection and udit shall develop policies, standards, rules andregulations for the effective conduct or inspection and audit of personnel and personnel

management programs and the e*ercise of delegated authority; provide technical and advisory

services to Civil Service #egional $ffices and government agencies in the implementation oftheir personnel programs and evaluation systems.

0142 The $ffice of Personnel #elations shall provide leadership and assistance in the

development and implementation of policies, standards, rules and regulations in the accreditation

of employee associations or organi"ations and in the ad+ustment and settlement of employeegrievances and management)employee disputes.

0152 The $ffice of Corporate ffairs shall formulate and implement policies, standards, rules and

regulations governing corporate officials and employees in the areas of recruitment, e*amination,

placement, career development, merit and aards systems, position classification andcompensation, performing appraisal, employee elfare and benefits, discipline and other aspects

of personnel management on the basis of comparable industry practices.

0162 The $ffice of #etirement dministration shall be responsible for the enforcement of the

constitutional and statutory provisions, relative to retirement and the regulation for the effective

implementation of the retirement of government officials and employees.

0172 The #egional and


8/21


9/21


department, agency, province or city, in order to/ 0a2 determine compliance ith the Civil Servicela, rules and standards; 0b2 revie discharge of delegated authority; 0c2 ma!e an ade-uate

evaluation of the progress made and problems encountered in the conduct of the merit system in

the national and local governments; 0d2 give advice and provide assistance in developingconstructive policies, standards and procedures, and 0e2 stimulate improvement in all areas of

personnel management.

Periodic inspection and audit ill include an appraisal of personnel management operations and

activities relative to/ 0a2 formulation and issuance of personnel policy; 0b2 recruitment andselection of employees; 0c2 personnel action and employment status; 0d2 career and employee

development; 0e2 performance evaluation system; 0f2 employee suggestions and incentive aard;

0g2 employee relations and services; 0h2 discipline; 0i2 personnel records and reporting; and 0+2programs evaluation.

CHAPTER 5

PERSONNEL POLICIES AND STANDARDS

SECTION 21. #ecruitment and Selection of %mployees.012 $pportunity for government

employment shall be open to all -ualified citi"ens and positive efforts shall be e*erted to attract

the best -ualified to enter the service. %mployees shall be selected on the basis of fitness toperform the duties and assume the responsibilities of the positions.

042 >hen a vacancy occurs in a position in the first level of the Career Service as defined in

Section :, the employees in the department ho occupy the ne*t loer positions in the

occupational group under hich the vacant position is classified, and in other functionally relatedoccupational groups and ho are competent, -ualified and ith the appropriate civil service

eligibility shall be considered for promotion.

052 >hen a vacancy occurs in a position in the second level of the Career Service as defined in

Section :, the employees in the government service ho occupy the ne*t loer positions in theoccupational group under hich the vacant position is classified and in other functionally related

occupational groups and ho are competent, -ualified and ith the appropriate civil service

eligibility shall be considered for promotion.

062


10/21


092 Fualification in an appropriate e*amination shall be re-uired for appointment to positions inthe first and second levels in the career service in accordance ith the Civil Service rules, e*cept

as otherise provided in this Title/ Provided, That henever there is a civil service eligible

actually available for appointment, no person ho is not such an eligible shall be appointed evenin a temporary capacity to any vacant position in the career service in the government or in any

government)oned or controlled corporation ith original charter, e*cept hen the immediatefilling of the vacancy is urgently re-uired in the public interest, or hen the vacancy is notpermanent, in hich cases temporary appointments of non)eligibles may be made in the absence

of eligibles actually and immediately available.

0:2 The appropriate e*aminations herein referred to shall be those given by the Commission and

the different agencies/ Provided, hoever, That nothing herein shall affect those eligibilitiesac-uired prior to the effectivity of the Civil Service @a/ Provided, further, That a person ith a

civil service eligibility ac-uired by successfully passing an e*amination shall be -ualified for a

position re-uiring a loer eligibility if he possesses the other re-uirements for appointment tosuch position.

SECTION 22. Fualification Standards.012 -ualification standard e*presses the minimum

re-uirements for a class of positions in terms of education, training and e*perience, civil service

eligibility, physical fitness, and other -ualities re-uired for successful performance. The degreeof -ualifications of an officer or employee shall be determined by the appointing authority on the

basis of the -ualification standard for the particular position.

Fualification standards shall be used as basis for civil service e*aminations for positions in the

career service, as guides in appointment and other personnel actions, in the ad+udication ofprotested appointments, in determining training needs, and as aid in the inspection and audit of

the agencies personnel or! programs.

(t shall be administered in such manner as to continually provide incentives to officers and

employees toards professional groth and foster the career system in the government service.

042 The establishment, administration and maintenance of -ualification standards shall be the

responsibility of the department or agency, ith the assistance and approval of the Civil Service

Commission and in consultation ith the >age and Position Classification $ffice.

SECTION 23.#elease of %*amination #esults.The results of any particular civil servicee*amination held in a number of places on the same date shall be released simultaneously.

SECTION 24.#egister of %ligibles.The names of the competitors ho pass an e*aminationshall be entered in a register of eligibles arranged in the order of their general ratings and

containing such information as the Commission may deem necessary.

SECTION 25. Cultural Communities.(n line ith the national policy to facilitate theintegration of the members of cultural communities and accelerate the development of the areas

occupied by them, the Commission shall give special civil service e*aminations to -ualify them

for appointment in the civil service.

SECTION 26.Personnel ctions.ll appointments in the career service shall be made onlyaccording to merit and fitness, to be determined as far as practicable by competitive

e*aminations. non)eligible shall not be appointed to any position in the civil service heneverthere is a civil service eligible actually available for and ready to accept appointment.

s used in this Title, any action denoting the movement or progress of personnel in the civil

service shall be !non as personnel action. Such action shall include appointment through

certification, promotion, transfer, reinstatement, re)employment, detail, reassignment, demotion,

and separation. ll personnel actions shall be in accordance ith such rules, standards, andregulations as may be promulgated by the Commission.


11/21


012 ppointment through certification.n appointment through certification to a position in thecivil service, e*cept as herein otherise provided, shall be issued to a person ho has been

selected from a list of -ualified persons certified by the Commission from an appropriate register

of eligibles, and ho meets all the other re-uirements of the position.

ll such persons must serve a probationary period of si* months folloing their originalappointment and shall undergo a thorough character investigation in order to ac-uire permanent

civil service status. probationer may be dropped from the service for unsatisfactory conduct or

ant of capacity any time before the e*piration of the probationary period/ Provided, That suchaction is appealable to the Commission.

042 Promotion. promotion is a movement from one position to another ith an increase in

duties and responsibilities as authori"ed by la and usually accompanied by an increase in pay.

The movement may be from one department or agency to another or from one organi"ational unitto another in the same department or agency.

052 Transfer. transfer is a movement from one position to another hich is of e-uivalentran!, level, or salary ithout brea! in service involving the issuance of an appointment.

(t shall not be considered disciplinary hen made in the interest of public service, in hich case,the employee concerned shall be informed of the reasons therefor. (f the employee believes that

there is no +ustification for the transfer, he may appeal his case to the Commission.

The transfer may be from one department or agency to another or from one organi"ational unit to

another in the same department or agency/ Provided, hoever, That any movement from the non)career service to the career service shall not be considered a transfer.

062 #einstatement.ny person ho has been permanently appointed to a position in the careerservice and ho has, through no delin-uency or misconduct, been separated therefrom, may be

reinstated to a position in the same level for hich he is -ualified.

072 #eemployment.3ames of persons ho have been appointed permanently to positions in

the career service and ho have been separated as a result of reduction in force or reorgani"ation,

shall be entered in a list from hich selection for reemployment shall be made.

082 Detail. detail is the movement of an employee from one agency to another ithout theissuance of an appointment and shall be alloed, only for a limited period in the case of

employees occupying professional, technical and scientific positions. (f the employee believes

that there is no +ustification for the detail, he may appeal his case to the Commission. Pendingappeal, the decision to detail the employee shall be e*ecutory unless otherise ordered by the

Commission.

092 #eassignment.n employee may be reassigned from one organi"ational unit to another in

the same agency/ Provided, That such reassignment shall not involve a reduction in ran!, statusor salary.

SECTION 27.%mployment Status.ppointment in the career service shall be permanent or

temporary.

012 Permanent status. permanent appointment shall be issued to a person ho meets all there-uirements for the positions to hich he is being appointed, including the appropriateeligibility prescribed, in accordance ith the provisions of la, rules and standards promulgated

in pursuance thereof.

042 Temporary appointment.(n the absence of appropriate eligibles and it becomes necessary in

the public interest to fill a vacancy, a temporary appointment shall be issued to a person homeets all the re-uirements for the position to hich he is being appointed e*cept the appropriate

civil service eligibility/ Provided, That such temporary appointment shall not e*ceed telve


12/21


months, but the appointee may be replaced sooner if a -ualified civil service eligible becomesavailable.

SECTION 28.Salary (ncrease or d+ustment.d+ustments in salaries as a result of increase in

pay levels or upgrading of positions hich do not involve a change in -ualification re-uirements

shall not re-uire ne appointments e*cept that copies of the salary ad+ustment notices shall besubmitted to the Commission for record purposes.

SECTION 29.#eduction in henever it becomes necessary because of lac! of or! or

funds or due to a change in the scope or nature of an agencys program, or as a result ofreorgani"ation, to reduce the staff of any department or agency, those in the same group or class

of positions in one or more agencies ithin the particular department or agency herein 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 -ualified for the remaining positions shall belaid off.

SECTION 3!. Career and Personnel Development.The development and retention of acompetent and efficient or! force in the public service is a primary concern of government. (t

shall be the policy of the government that a continuing program of career and personneldevelopment be established for all government employees at all levels. n integrated national

plan for career and personnel development shall serve as the basis for all career and personnel

development activities in the government.

SECTION 31.Career and Personnel Development Plans.%ach department or agency shall

prepare a career and personnel development plan hich shall be integrated into a national plan

by the Commission. Such career and personnel development plans hich shall include

provisions on merit promotions, performance evaluation, in)service training, including overseas

and local scholarships and training grants, +ob rotation, suggestions and incentive aard systems,and such other provisions for employees health, elfare, counseling, recreation and similar

services.

SECTION 32. ?erit Promotion Plans.%ach department or agency shall establish merit

promotion plans hich shall be administered in accordance ith the provisions of the Civil

Service la and the rules, regulations and standards to be promulgated by the Commission. Such

plans shall include provisions for a definite screening process, hich may include tests of fitness,in accordance ith standards and guidelines set by the Commission. Promotion 'oards may be

organi"ed sub+ect to criteria dran by the Commission.

SECTION 33. Performance %valuation System.There shall be established a performanceevaluation system, hich shall be administered in accordance ith rules, regulations and

standards, promulgated by the Commission for all officers and employees in the career service.

Such performance evaluation system shall be administered in such manner as to continually

foster the improvement of individual employee efficiency and organi"ational effectiveness.

%ach department or agency may, after consultation ith the Commission, establish and use one

or more performance evaluation plans appropriate to the various groups of positions in the

department or agency concerned. 3o performance evaluation shall be given, or used as a basis

for personnel action, e*cept under an approved performance evaluation plan/ Provided, Thateach employee shall be informed periodically by his supervisor of his performance evaluation.

SECTION 34. #esponsibility for Training.The Commission shall be responsible for the

coordination and integration of a continuing program of personnel development for all

government personnel in the first and second levels.

Central staff agencies and speciali"ed institutes shall conduct continuing centrali"ed training for

staff specialists from the different agencies. Aoever, in those cases here there is sufficient

number of participants to arrant training at department or agency or local government levels,


13/21


such central staff agencies and speciali"ed institutes shall render the necessary assistance, andconsultative services.

To avoid duplication of effort and overlapping of training functions, the folloing functional

responsibilities are assigned/

012 Public and private colleges and universities and similar institutions shall be encouraged toorgani"e and carry out continuing programs of e*ecutive development.

042 The Commission, the Commission on udit, the Department of 'udget and ?anagement, the

General Services dministration, and other central staff agencies shall conduct centrali"ed

training and assist in the training program of the Departments or agencies along their respectivefunctional areas of speciali"ation.

052 (n coordination ith the Commission, the Department of @ocal Government and Community

Development shall underta!e local government training programs.

062 (n coordination ith the Commission, each department or agency, province or city shallestablish, maintain and promote a systematic plan of action for personnel training at all levels in

accordance ith standards laid don by the Commission. (t shall maintain appropriate training

staffs and ma!e full use of available training facilities.

>henever it deems it necessary, the Commission shall ta!e the initiative in underta!ingprograms for personnel development.

SECTION 35.%mployee Suggestions and incentive ard System.There shall be established

a government)ide employee suggestions and incentive aards system hich shall be

administered under such rules, regulations, and standards as may be promulgated by theCommission.

(n accordance ith rules, regulations, and standards promulgated by the Commission, the

President or the head of each department or agency is authori"ed to incur hatever necessary

e*penses involved in the honorary recognition of subordinate officers and employees of thegovernment ho by their suggestions, inventions, superior accomplishment, and other personal

efforts contribute to the efficiency, economy, or other improvement of government operations, or

ho perform such other e*traordinary acts or services in the public interest in connection ith,or in relation to, their official employment.

SECTION 36.Personnel #elations.012 (t shall be the concern of the Commission to provideleadership and assistance in developing employee relations programs in the department or

agencies.

042 %very Secretary or head of agency shall ta!e all proper steps toard the creation of anatmosphere conducive to good supervisor)employee relations and the improvement of employee

morale.

SECTION 37.Complaints and Grievances.%mployees shall have the right to present theircomplaints or grievances to management and have them ad+udicated as e*peditiously as possible

in the best interest of the agency, the government as a hole, and the employee concerned. Such

complaint or grievances shall be resolved at the loest possible level in the department oragency, as the case may be, and the employee shall have the right to appeal such decision tohigher authorities.

%ach department or agency shall promulgate rules and regulations governing e*peditious, fair

and e-uitable ad+ustment of employees complaints or grievances in accordance ith the policies

enunciated by the Commission.


14/21


(n case any dispute remains unresolved after e*hausting all the available remedies under e*istinglas and procedures, the parties may +ointly refer the dispute to the Public Sector @abor

?anagement Council constituted under section 68, for appropriate action.

CHAPTER 6

RIGHT TO SELF"ORGANIATION

SECTION 38. Coverage.012 ll government employees, including those in government)

oned or controlled corporations ith original charters, can form, +oin or assist employeesorgani"ations of their on choosing for the furtherance and protection of their interests. They can

also form, in con+unction ith appropriate government authorities, labor)management

committees, or! councils and other forms of or!ers participation schemes to achieve thesame ob+ectives.

042 The provisions of this Chapter shall not apply to the members of the rmed


15/21


042 duly registered employees organi"ation shall be accorded voluntary recognition upon ashoing that no other employees organi"ation is registered or is see!ing registration, based on

the records of the 'ureau of @abor #elations, and that the said organi"ation has the ma+ority

support of the ran!)and)file employees in the organi"ational unit.

052 >here there are to or more duly registered employees organi"ations in the appropriateorgani"ational unit, the 'ureau of @abor #elations shall, upon petition, order the conduct of a

certification election and shall certify the inner as the e*clusive representative of the ran!)and)

file employees in said organi"ational unit.

SECTION 45. The Public Sector @abor)?anagement Council. Public Sector @abor)

?anagement Council is hereby constituted to be composed of the folloing/ The Chairman of

the Civil Service Commission, as Chairman; the Secretary of @abor and %mployment, as ice)

Chairman; and the Secretary of


16/21


0152


17/21


officials to conduct the investigation. The results of the investigation shall be submitted to theCommission ith recommendation as to the penalty to be imposed or other action to be ta!en.

042 The Secretaries and heads of agencies and instrumentalities, provinces, cities and

municipalities shall have +urisdiction to investigate and decide matters involving disciplinary

action against officers and employees under their +urisdiction. Their decisions shall be final incase the penalty imposed is suspension for not more than thirty days or fine in an amount not

e*ceeding thirty days salary. (n 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 finallyto the Commission and pending appeal, the same shall be e*ecutory e*cept hen the penalty is

removal, in hich case the same shall be e*ecutory only after confirmation by the Secretary

concerned.

052 n investigation may be entrusted to regional director or similar officials ho shall ma!e thenecessary report and recommendation to the chief of bureau or office or department ithin the

period specified in Paragraph 062 of the folloing Section.

062 n appeal shall not stop the decision from being e*ecutory, and in case the penalty is

suspension or removal, the respondent shall be considered as having been under preventivesuspension during the pendency of the appeal in the event he ins an appeal.

SECTION 48.Procedures in dministrative Cases gainst 3on)Presidential ppointees.012

dministrative proceedings may be commenced against a subordinate officer or employee by theSecretary or head of office of e-uivalent ran!, or head of local government, or chiefs of agencies,

or regional directors, or upon sorn, ritten complaint of any other person.

042 (n the case of a complaint filed by any other persons, the complainant shall submit sorn

statements covering his testimony and those of his itnesses together ith his documentaryevidence. (f on the basis of such papers a prima facie case is found not to e*ist, the disciplining

authority shall dismiss the case. (f a prima facie case e*ists, he shall notify the respondent in

riting, of the charges against the latter, to hich shall be attached copies of the complaint,sorn statements and other documents submitted, and the respondent shall be alloed not less

than seventy)to hours after receipt of the complaint to anser the charges in riting under oath,

together ith supporting sorn statements and documents, in hich he shall indicate hether or

not he elects a formal investigation if his anser is not considered satisfactory. (f the anser isfound satisfactory, the disciplining authority shall dismiss the case.

052 lthough a respondent does not re-uest a formal investigation, one shall nevertheless be

conducted hen from the allegations of the complaint and the anser of the respondent,including the supporting documents, the merits of the case cannot be decided +udiciously ithoutconducting such an investigation.

062 The investigation shall be held not earlier than five days nor later than ten days from the date

of receipt of respondents anser by the disciplining authority, and shall be finished ithin thirtydays from the filing of the charges, unless the period is e*tended by the Commission in

meritorious cases. The decision shall be rendered by the disciplining authority ithin thirty days

from the termination of the investigation or submission of the report of the investigator, hich

report shall be submitted ithin fifteen days from the conclusion of the investigation.

072 The direct evidence for the complainant and the respondent shall consist of the sornstatement and documents submitted in support of the complaint or anser, as the case may be,

ithout pre+udice to the presentation of additional evidence deemed necessary but as

unavailable at the time of the filing of the complaint or anser, upon hich the cross)e*amination, by respondent and the complainant, respectively, shall be based.


18/21


082 %ither party may avail himself of the services of counsel and may re-uire the attendance ofitnesses and the production of documentary evidence in his favor through the compulsory

process of subpoena or subpoena duces tecum.

092 The investigation shall be conducted only for the purpose of ascertaining the truth and

ithout necessarily adhering to technical rules applicable in +udicial proceedings. (t shall beconducted by the disciplining authority concerned or his authori"ed representative.

The phrase any other partyE shall be understood to be a complainant other than those referred to

in subsection 0a2 hereof.

SECTION 49.ppeals.012 ppeals, here alloable, shall be made by the party adverselyaffected by the decision ithin fifteen days from receipt of the decision unless a petition for

reconsideration is seasonably filed, hich petition shall be decided ithin fifteen days. 3otice of

the appeal shall be filed ith the disciplining office, hich shall forard the records of the case,together ith the notice of appeal, to the appellate authority ithin fifteen days from filing of the

notice of appeal, ith its comment, if any. The notice of appeal shall specifically state the date ofthe decision appealed from and the date of receipt thereof. (t shall also specifically set forth

clearly the grounds relied upon for e*cepting from the decision.

042 petition for reconsideration shall be based only on any of the folloing grounds/ 0a2 ne

evidence has been discovered hich materially affects the decision rendered; 0b2 the decision is

not supported by the evidence on record; or 0c2 errors of la or irregularities have beencommitted hich are pre+udicial to the interest of the respondent/ Provided, That only one

petition for reconsideration shall be entertained.

SECTION 5!.Summary Proceedings.3o formal investigation is necessary and the respondent

may be immediately removed or dismissed if any of the folloing circumstances is present/

012 >hen the charge is serious and the evidence of guilt is strong;

042 >hen 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; and

052 >hen the respondent is notoriously undesirable.

#esort to summary proceedings by the disciplining authority shall be done ith utmost

ob+ectivity and impartiality to the end that no in+ustice is committed/ Provided, That removal or

dismissal e*cept those by the President, himself or upon his order, may be appealed to theCommission.

SECTION 51. Preventive Suspension.The proper disciplining authority may preventively

suspend any subordinate officer or employee under his authority pending an investigation, if thecharge against such officer or employee involves dishonesty, oppression or grave misconduct, or

neglect in the performance of duty, or if there are reasons to believe that the respondent is guilty

of charges hich ould arrant his removal from the service.

SECTION 52.@ifting of Preventive Suspension Pending dministrative (nvestigation.>hen

the administrative case against the officer or employee under preventive suspension is not finally

decided by the disciplining authority ithin the period of ninety 0&2 days after the date ofsuspension of the respondent ho is not a presidential appointee, the respondent shall beautomatically reinstated in the service/ Provided, That hen the delay in the disposition of the

case is due to the fault, negligence or petition of the respondent, the period of delay shall not be

counted in computing the period of suspension herein provided.

SECTION 53.#emoval of dministrative Penalties or Disabilities.(n meritorious cases andupon recommendation of the Commission, the President may commute or remove administrative


19/21


penalties or disabilities imposed upon officers or employees in disciplinary cases, sub+ect to suchterms and conditions as he may impose in the interest of the service.

CHAPTER 8

PROHIBITIONS

SECTION 54. @imitation on ppointment.012 3o elective official shall be eligible for

appointment or designation in any capacity to any public office or position during his tenure.

042 3o candidate ho has lost in any election shall, ithin one year after election, be appointedto any office in the Government or any government)oned or controlled corporations or in any

of its subsidiaries.

052 =nless otherise alloed by la or by the primary functions of his position, no appointiveofficial shall hold any other office or employment in the Government or any subdivision, agencyor instrumentality thereof, including government)oned or controlled corporations or their

subsidiaries.

SECTION 55. Political ctivity.3o officer or employee in the Civil Service including

members of the rmed


20/21


The restriction mentioned in subsection 012 shall not be applicable to the case of a member ofany family ho, after his or her appointment to any position in an office or bureau, contracts

marriage ith someone in the same office or bureau, in hich event the employment or retention

therein of both husband and ife may be alloed.

052 (n order to give immediate effect to these provisions, cases of previous appointments hichare in contravention hereof shall be corrected by transfer, and pending such transfer, no

promotion or salary increase shall be alloed in favor of the relative or relatives ho ere

appointed in violation of these provisions.

CHAPTER 9

LEAVE OF ABSENCE

SECTION 6!.@eave of bsence.$fficers and employees in the Civil Service shall be entitledto leave of absence, ith or ithout pay, as may be provided by la and the rules and regulations

of the Civil Service Commission in the interest of the service.

CHAPTER 1!

MISCELLANEOUS PROVISIONS

SECTION 61. %*amining Committee, Special %*aminers and Special (nvestigators.Sub+ect to

approval by the proper head of a department or agency, the Commission may select suitablepersons in the government service to act as members of e*amining committees, special

e*aminers or special investigators. Such person shall be designated e*aminers or investigators of

the Commission and shall perform such duties as the Commission may re-uire, and in theperformance of such duties they shall be under its e*clusive control. %*amining committees,

special e*aminers or special investigators so designated may be given alloances or per diems

for their services, to be paid out of the funds of, and at a rate to be determined by, the

Commission.

SECTION 62.


21/21


but the appointing authority responsible for such unlaful employment shall be personally liablefor the pay that ould have accrued had the employment been laful, and the disbursing

officials shall ma!e payment to the employee of such amount from the salary of the officers so

liable.

SECTION 66.@iability of Disbursing $fficers.%*cept as may otherise be provided by la,it shall be unlaful for a treasurer or other fiscal officer to dra or retain from the salary due an

officer or employee any amount for contribution or payment of obligations other than those due

the government or its instrumentalities.

SECTION 67.Penal Provision.>hoever ma!es any appointment or employs any person in

violation of any provision of this Title or the rules made thereunder or hoever commits fraud,

deceit or intentional misrepresentation of material facts concerning other civil service matters, or

hoever violates, refuses or neglects to comply ith any of such provisions or rules, shall uponconviction be punished by a fine not e*ceeding one thousand pesos or by imprisonment not

e*ceeding si* 082 months, or both such fine and imprisonment in the discretion of the court.

Eo 292_administrative Code of 1987_book V_title 1_csc

Documents

Transcript of Eo 292_administrative Code of 1987_book V_title 1_csc