Reorganization Vs Rationalization - Admin Law

Rodriguez, Mary Grace D.
Purpose
Valid Causes/Grounds
JD-3A
Administrative Law
R.A. No. 6656 (Reorganization)
E.O. No. 366
(Rationalization)
To protect the security of tenure of civil service

officers and employees in the reorganization of
the various agencies of the National
Government and of local governments, state
colleges and universities expressly authorized
by law, including government-owned or
controlled corporations with original charters,
without sacrificing the need to promote morale,
efficiency in the civil service pursuant to Article
IX, B, Section 3 of the Constitution
A valid cause for removal exists when,
pursuant to a bona fide reorganization, a
position has been abolished or rendered
redundant or there is a need to merge, divide,
or consolidate positions in order to meet the
exigencies of the service, or other lawful
causes allowed by the Civil Service Law.
To attain improved government

performance, there is a need
to institute reforms that would transform
the bureaucracy into an efficient and
results-oriented structure
The functions, programs and projects

which would be scaled
down, phased out or abolished such as:
Those that duplicate or unnecessarily
overlap with
other programs, activities, and projects
within the
Department and its attached agencies
and with other
government entities;
Those that are not producing the
desired outcomes,
no longer achieving the objectives and
purposes for which
they were originally designed and
implemented, and/or not
cost efficient and do not generate the
level of physical and
economic returns vis--vis the resource
inputs;
Those that are redundant/outdated or
no longer
relevant to the accomplishment of the
Effect on the Staffing

Pattern of the Agency
Option for the

Employees
Preference for
Appointment
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No new employees shall be taken in until all

permanent officers and employees have been
appointed, including temporary and casual
employees who possess the necessary
qualification requirements, among which is the
appropriate civil service eligibility, for
permanent appointment to positions in the
approved staffing pattern, in case there are still
positions to be filled, unless such positions are
policy-determining, primarily confidential or
highly technical in nature.
All officers and employees who are found by
the Civil Service Commission to have been
separated in violation of the provisions of this
Act, shall be ordered reinstated or reappointed
as the case may be without loss of seniority
and shall be entitled to full pay for the period
of separation.
Officers and employees holding permanent

appointments shall be given preference for
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major final outputs of
the department/agency;
Those that directly compete with those
of the private
sector that can be done more efficiently
and effectively by
said sector; and
Those which have been devolved to
local government
units.
Except for newly- created agencies, the
hiring of additional
personnel (permanent, temporary,
contractual or casual) and the renewal of
contracts/appointments of all employees
hired on contractual, casual or
temporary basis is hereby prohibited
during the preparation of the
Rationalization Plan.
Personnel who may be affected by the
rationalization of the functions and
agencies of the Executive Branch shall
have the option to:
8.1 Remain in government service, if
with permanent appointment
attested by the CSC. Those with
temporary appointment attested
by the CSC may opt to remain but are
guaranteed tenure up to the
expiration of their appointment only; or
8.2 Avail of the retirement/separation
benefits as herein provided.
Affected personnel with permanent or
temporary appointment who would opt
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appointment to the new positions in the

approved staffing pattern comparable to their
former position or in case there are not enough
comparable positions, to positions next lower in
rank.
Benefits for the

Employees
Unless also separated for cause, all officers and

employees, who have been separated pursuant
to reorganization shall, if entitled thereto, be
paid the appropriate separation pay and
retirement and other benefits under existing
laws within ninety (90) days from the date of
the effectivity of their separation or from the
date of the receipt of the resolution of their
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to
remain in government service shall be
placed in other agencies by the CSC
where
additional personnel are required.
However, the position of the transferred
personnel
in the recipient agency shall be coterminus with the incumbent. Such
affected
personnel shall not suffer any diminution
in pay, except for certain allowances
that
used to be given corresponding to the
performance of specific functions which
would no longer form part of their new
functions.
Personnel who would choose to remain
in government service but would
later object to his/her new job
assignment shall be deemed
separated/retired
and shall be paid either retirement,
separation or unemployment benefit,
whichever is applicable under existing
retirement/separation laws, without the
incentives provided herein.
Retirement gratuity provided under RA
1616 (An Act Further Amending
Section Twelve of Commonwealth Act
Numbered One Hundred EightySix, as Amended, By Prescribing Two
Other Modes of Retirement and
for Other Purposes), as amended,
payable by the last employer of the
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appeals as the case may be: provided, that

application for clearance has been filed and no
action thereon has been made by the
corresponding department or agency.
Those who are not entitled to said benefits
shall be paid a separation gratuity in the
amount equivalent to one (1) month salary for
every year of service. Such separation pay and
retirement benefits shall have priority of
payment out of the savings of the department
or agency concerned.
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affected personnel, plus the refund of
retirement premiums payable by
the Government Service Insurance
System (GSIS), without the
incentive herein provided.
Retirement benefit under RA 660 (An Act
to Amend Commonwealth
Act Numbered One Hundred and EightySix entitled An Act to Create
and Establish a Government Service
Insurance System, to Provide for
its Administration, and to Appropriate
the Necessary Funds Therefor,
and to Provide Retirement Insurance and
for Other Purposes) or
applicable retirement, separation or
unemployment benefit provided
under RA 8291 (An Act Amending
Presidential Decree No. 1146, as
Amended, Expanding and Increasing the
Coverage and Benefits of the
Government Service Insurance System,
Instituting Reforms Therein
and for Other Purposes), if qualified, plus
the following applicable
incentives:
1 month of the present basic salary
for every year of
government service and a fraction
thereof, for those who have
rendered 20 years of service and below;
2 month of the present basic salary
for every year of
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thereof, computed starting
from the 1st year, for those who have
rendered 21-30 years of
service; and
1 month of the present basic salary for
every year of
thereof, computed starting from the 1st
year, for those who have rendered 31
years of
service and above.
PROVIDED: That the GSIS shall pay, on
the day of separation, the
retirement/separation/ unemployment
benefits to which an affected
employee may be entitled to under RA
660 or RA 8291 and whenever there is
an option, the one which the affected
employee has chosen as the most
beneficial to him/her.
PROVIDED FURTHER: That for the
purpose of complying with the required
number of years of service under RA
8291, the portability
scheme under RA 7699 (An Act
Instituting Limited Portability Scheme
in the Social Security Insurance Systems
by Totalizing the Workers Creditable
Services or Contributions in Each of the
Systems) may be applied, subject to
existing policies and guidelines.
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Those with less than three (3) years of
government service may opt to
avail of the separation gratuity under RA
6656 (An Act to Protect the
Security of Tenure of Civil Service
Officers and Employees in the
Implementation of Government
Reorganization), plus the appropriate
incentive provided under Section
No affected employee who opted for
retirement/separation shall
receive less than an aggregate of Fifty
Thousand Pesos (P50,000) as his
retirement/separation gratuity benefit
from both the National Government and
the GSIS.
In the case of employees belonging to
agencies and GOCCs exempted from or
not following the Salary Standardization
Law, the total amount of incentives to be
received shall not exceed One Million
Five
Hundred Thousand Pesos (P1,500,000).
Refund of Pag-IBIG Contributions. All
affected personnel who are members of
the Pag-IBIG shall be entitled to the
refund of their contributions (both
personal and government), pursuant to
existing
rules and regulations of the Home
Development Mutual Fund.
Commutation of Unused Vacation and
Sick Leave Credits. All affected personnel
shall be entitled to the commutation of
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unused
vacation and sick leave credits in
accordance with existing rules and
regulations.

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Rodriguez, Mary Grace D.

R.A. No. 6656 (Reorganization)

E.O. No. 366

To protect the security of tenure of civil service

To attain improved government

The functions, programs and projects

Rodriguez, Mary Grace D.

Effect on the Staffing

Option for the

No new employees shall be taken in until all

Officers and employees holding permanent

Rodriguez, Mary Grace D.

appointment to the new positions in the

Benefits for the

Unless also separated for cause, all officers and

Rodriguez, Mary Grace D.

appeals as the case may be: provided, that

Rodriguez, Mary Grace D.

Rodriguez, Mary Grace D.

Rodriguez, Mary Grace D.

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