R.A. 6040

REPUBLIC ACT No. 6040

AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO THOUSAND TWO HUNDRED AND SIXTY, KNOWN AS THE "CIVIL SERVICE ACT OF 1959".

Section 1. Section Three of Republic Act Numbered Two thousand two hundred sixty is hereby amended to read as follows:

"Sec. 3. Positions Embraced in the Civil Service. The Philippine Civil Service shall embrace all branches, subdivisions and instrumentalities of the Government, including government-owned or controlled corporations, and appointments therein, except as to those which are policy determining, primarily confidential or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination. Positions included in the civil service fall into three categories: namely, competitive service, non-competitive service, and exempt service. The exempt service does not fall within the scope of this law."

Section 2. Section Four of the same Act is hereby amended to read as follows:

"Sec. 4. The Competitive Service. The competitive service shall include positions for appointment to which prior qualification or successful passing in an appropriate examination is required."

Section 3. Section Five of the same Act is hereby amended to read as follows:

"Sec. 5. The Non-Competitive Service. the non-competitive service shall be composed of positions expressly declared by law to be in the non-competitive service and those which are policy-determining, primarily confidential or highly technical in nature.

"The following specific officers and employees shall be embraced in the non-competitive service:

Section 4. Section Six of the same Act is hereby amended to read as follows:

"Sec. 6. The Exempt Service. The exempt service shall consist of the following:

Section 5. Section seven of the same Act is hereby amended to read as follows:

"Sec. 7. Civil Service Commission. There is hereby established a Civil Service Commission the head of which shall be known as the Commissioner of Civil Service who shall be responsible for the discharge of the duties and functions of the Commission. He shall be appointed by the President of the Philippines with the consent of the Commission on Appointments and who shall hold office for a term of nine years and may not be reappointed. The Commissioner shall have the same qualifications as justices of the Court of Appeals and must be sufficiently familiar with the principles and methods of personnel administration and known to be in sympathy with the merit system. He may be removed from office only for cause and after investigation. The Commissioner of Civil Service shall be an ex-officio member of the Cabinet.

"The Commission shall keep records and minutes of its business and official actions, and such records and minutes shall be public records open to public inspection at such hours and under such conditions as the Commission may prescribe.

"There shall be a Deputy Commissioner of Civil Service appointed in the same manner as the Commissioner who shall assist the Commissioner and perform such duties and functions as may be assigned to him by the Commissioner and such others as may be imposed upon him by law. In the absence of the Commissioner, he shall act as head of the Commission."

"The Commissioner may appoint an Executive Director, who shall perform the duties of Secretary of the Commission and such other functions as may be assigned to him by the Commissioner, with a salary of sixteen thousand eight hundred pesos a year."

"There shall be in the Civil Service Commission a Legal Affairs Department which shall assist the Commissioner in performing his quasi-judicial and legal functions to be composed of the following:

Section 6. Section eight of the same Act is hereby amended to read as follows:

"Sec. 8. Regional Offices. The Commissioner of Civil Service may, as the public interest may require, establish regional offices of the Civil Service Commission at Dagupan City, Tuguegarao (Cagayan), Naga City, Iloilo City, Cebu City, Tacloban City, City of Cagayan de Oro, Davao City and Zamboanga City, and such other places as public interest may require, to provide expeditious service to the various branches, subdivisions and instrumentalities of the government in the areas to which the respective Regional Offices are most conveniently accessible.

"The Heads of such offices shall be appointed by the Commissioner from qualified employees residing in the region and they shall exercise, with respect to any position within the region, whether provincial, city or municipal, the function of the Commission provided for in section 16(h) of this Act and perform such other functions and exercise such authority as may be specifically delegated by the Commissioner: Provided, That the action of such heads may be appealed to the Commission within thirty days from receipt of notice thereof by the appealing party.

"The head or chief of each regional office shall be provided with the necessary office personnel who shall be appointed by the Commissioner of Civil Service in accordance with the Civil Service Law and rules."

"There shall be in each province and city a civil service attorney to be appointed by the Commissioner of Civil Service and who shall receive six thousand pesos per annum and a stenographer who shall receive two thousand four hundred pesos per annum.

The Civil Service Attorney shall conduct investigation of Administrative complaints and violations of Civil Service Law, rules and regulations, note and/or disapprove all appointments of provincial, municipal, and city officials and employees within their respective territorial jurisdiction and perform such other duties as the Commissioner may delegate to them. Upon approval of this amendatory Act, the power to attest or approve appointments heretofore vested upon provincial and city treasurer is hereby terminated."

Section 7. Section Fifteen of the said Act is hereby amended to read as follows:

"Sec. 15. Salaries of Commissioner and Deputy Commissioner. The annual salary of the Commissioner should be twenty four thousand pesos and the Deputy Commissioner eighteen thousand pesos per annum.

Section 8. Section sixteen of the same Act is hereby amended to read as follows:

"Sec. 16. Functions of the Commission on Civil Service. The following shall be the functions of the Commission on Civil Service

Section 9. Section Twenty-three of the same Act is hereby amended to read as follows:

"Sec. 23. Recruitment and Selection of Employees. Opportunity for government employment shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to enter the service.

"Employees shall be selected on the basis of fitness, determined by the appointing authority, to perform the duties and assume the responsibilities of the positions whether in the competitive or in the non-competitive service, as well as on the basis of merit as provided in this Act.

"Whenever a vacancy occurs in any position in the competitive service in the government or in any government-owned or controlled corporation or entity, the officer or employee next in rank preferably in the same office, who is competent and qualified to hold the position and who possesses an appropriate civil service eligibility shall be appointed thereto: Provided, That should there be two or more persons under equal circumstances, seniority shall be given preference: And Provided, however, That should there be any special reason or reasons why such officer or employee should not be appointed to such vacancy, such special reason or reasons shall be stated in writing by the appointing official and the officer or employee concerned shall be informed thereof and be given an opportunity to be heard by the Commissioner of Civil Service, whose decision shall be final, unless appealed from in the manner provided by law: Provided, finally, That no further examination shall be required of the promotional appointee by the Commission if the salary of the higher position is within the range corresponding to his eligibility or if he has already been satisfactorily discharging the duties of such higher position in an acting capacity for at least five years. If the vacancy is not filled by promotion as provided herein, then same shall be filled by transfer of present employees in the government service, by reinstatement, by re-employment of persons separated through reduction in force, or by appointment of persons with the Civil Service eligibility appropriate to the position.

"Qualification in an appropriate examination shall be required or appointment to positions in the competitive service in accordance with the Civil Service rules, except as otherwise provided in this Act: Provided, That all those who successfully pass the examination shall be equally qualified for such appointment: Provided, further, That whenever there is a civil service eligible actually available for appointment, no person who is not such an eligible shall be appointed even in a temporary capacity to any vacant position in the competitive service in the government or in any government-owned or controlled corporation, except when the immediate filling of the vacancy is urgently required in the public interest, or when the vacancy is not permanent, in which cases temporary appointments of non-eligibles may be made in the absence of eligibles actually and immediately available: And Provided, finally, That for the period of ten years from the approval of this amendatory Act and in line with the policy of Congress to accelerate the integration of the cultural minorities, whenever the appointment of persons belonging to said cultural minorities is called for in the interest of the service as determined by the appointing authority, with the concurrence of the Commissioner of Civil Service, the examinations requirements provided in this Act, when not practicable, may be dispensed with in appointments within their respective provinces if such persons meet the educational and other qualifications required for the office or employment. For appointment to positions in the non-competitive service, qualification in an appropriate examination may be required if the appointing official so directs.

"The appropriate examinations herein referred to shall be those provided in section nine of this Act, those required by the department or agency head as hereinafter provided, and such other examinations that are or may be provided by law: Provided, That a person with a civil service eligibility acquired by successfully passing an examination shall be qualified for a position requiring a lower eligibility if he possesses the other requirements for appointment to such position.

"Whenever positions exist for which special qualifications may be deemed necessary by a department or agency head, the department or agency in which such position exist may give the corresponding examination with the assistance of the Civil Service Commission to qualify those who successfully pass the same for appointment. Where no such examination has been given, the eligibility under section nine, determined by the salary attached to the position, shall be sufficient.

"The Police Commission shall give the appropriate examinations for officers and members of local police forces, and the Department of Education, the appropriate examinations for public school teachers with the assistance of the Civil Service Commission.

"The results of any particular civil service examination shall be released simultaneously within one year after the examination. The names of the competitors who attain the required passing grades in an examination shall be entered in a register of eligibles".

Section 10. Section Twenty-four of the same Act is hereby amended to read as follows:

"Sec. 24. Personnel Actions and Employment Status. Whenever used with reference to this Act, any action denoting the movement and progress of personnel in the civil service shall be known as personnel action. Such an action shall include appointment, promotion, transfer, demotion, separation and reinstatement.

Section 11. Section Thirty-two of the same Act is hereby amended to read as follows:

"Sec. 32. Disciplinary Action. No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law and after due process: Provided, That a transfer from one position to another without reduction in rank or salary shall not be considered disciplinary when made in the interest of public service, in which case the employee concerned shall be informed of the reasons therefor. If the employee believes that there is no justification for the transfer, he may appeal his case to the Commission on Civil Service through the Department Head. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfer or detail whatever shall be made within three months before any local or national election nor shall any detail last longer than three (3) months without the consent of the employee.

"No complaint against a civil service official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant. The respondent shall be entitled to a formal investigation if he so elects, in which case he shall have the right to appear and defend himself at said investigation in person or by counsel, to confront and cross-examine the witnesses against him, and to have the attendance of witnesses and production of documents in his favor by compulsory process of subpoena or subpoena duces tecum."

Section 12. Section Thirty-three of the said Act is hereby amended to read as follows:

"Sec. 33. Administrative Jurisdiction for Disciplining Officers and Employees. The Commissioner may, for dishonesty, oppression, misconduct, neglect of duty, conviction of crime involving moral turpitude, notoriously disgraceful or immoral conduct, improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children, violation of the existing Civil Service Law and rules or of reasonable office regulations, or in the interest of the service, remove any subordinate officer or employee from the service, demote him in rank, suspend him for not more than one year without pay or fine him in an amount not exceeding six months' salary: Provided, however, That heads of departments, agencies and instrumentalities, provinces and chartered cities, shall have original jurisdiction to investigate and decide on matters involving disciplinary action: Provided, further, That when the penalty imposed is reprimand or a fine not exceeding one month salary or suspension without pay for a period not exceeding one month, the decision of the aforementioned heads shall be final, but if the penalty imposed is heavier, the decision shall be appealable to the Commission as provided in this Act: Provided, finally, That a decision, imposing removal as penalty shall always be subject to review by the Commission.

"In meting out punishment, like penalties shall be imposed for like offenses and only one penalty shall be imposed in each case."

Section 13. Section Thirty-six of the said Act is hereby amended to read as follows:

"Sec. 36. Prescriptive Period for Appeals. The decisions of the Commissioner of Civil Service may be appealed by the party adversely affected to the Civil Service Board of Appeals within thirty (30) days after receipt by him of the decision.

"No petition for reconsideration of the decision rendered by the Commissioner of Civil Service shall be entertained if not filed within the period for appeal as provided in this section: Provided, That only one petition for reconsideration shall be entertained: And Provided, further, That the filing of a petition for reconsideration shall suspend the running of the period for appeal.

"The Commissioner shall be informed by the appealing party of the dates mentioned in this provision."

Section 14. Section Thirty-seven of the same Act is hereby amended to read as follows:

"Sec. 37. Removal of Administrative Penalties or Disabilities. The President of the Philippines may, in meritorious cases and upon recommendation of the Civil Service Board of Appeals, commute or remove administrative penalties or disabilities imposed by final decision upon officers or employees in disciplinary cases, subject to such term and conditions as he may impose in the interest of the service."

Section 15. Section Thirty-eight of the same Act is hereby amended to read as follows:

"Sec. 38. Examination Fees. The Commissioner of Civil Service in his discretion may prescribe an equitable schedule of fees for admission to civil service examinations, not exceeding two pesos for each candidate. Applicants whose applications have been disapproved shall be entitled to the refund of the examination fees paid by them. The funds collected from the examination fees shall constitute a special fund of the Civil Service Commission and shall be used exclusively for the expenses of the Commission incident to the holding or conduct of Civil Service examinations: Provided, That any excess over such expenses shall accrue to the special fund of the Commission.

Section 16. Section Forty-three of the same Act is hereby amended to read as follows:

"Sec. 43. Liability of Appointing Authority. Any person responsible for an appointment in violation of this Act shall be personally liable to reimburse to the government all salaries paid to the appointee, to be deducted from his salary and any amount due in his favor from the government."

Section 17. All references in Republic Act Numbered Two thousand two hundred sixty and other Acts, rules and regulations to the Commissioner of Civil Service shall be understood to refer to the Commission on Civil Service, and the phrases "competitive or classified service" and "non-competitive or unclassified service" are hereby amended to read "competitive service" and "non-competitive service", respectively, whenever they appear in said Acts, rules and regulations.

Section 18. The provisions of Section fourteen of Republic Act Numbered Two thousand two hundred sixty is hereby repealed, and all provisions of Republic Act Numbered Two thousand two hundred sixty and any other Act, rule or regulation inconsistent with this amendatory Act are hereby repealed or accordingly modified: Provided, That all provisional appointments made or appointments approved by the Civil Service Commission under Section twenty-four (c) of Republic Act Numbered Two thousand two hundred sixty prior to the approval of this Act shall automatically be permanent under the provisions of Section twenty-four (b) thereof as amended by this Act, subject to the provisions of Section 16(h) of said Act as herein amended.

Section 19. In addition to such sums as may have been appropriated in the current Appropriations Act for the legal services division, there is hereby appropriated, out of the savings, special funds and surplus income of the Civil Service Commission such sums as may be necessary to carry out the provisions of this Act. Thereafter, the sum necessary for the same purpose shall be included in the annual General Appropriations Act.

Section 20. This Act shall take effect upon its approval: Provided, however, That except as otherwise provided in this Act, rights or privileges vested or acquired under any prior law, rules and regulations, shall remain in force and effect.

Approved: August 4, 1969.