Civil Service Commission

THE
CIVIL SERVICE COMMISSION
Fullante
Pantinople
Silang
Urgino
Vitriolo
SECTION 1.
COMPOSITION
1. Chairman
2. Commissioners (2)
QUALIFICATIONS
1. Natural-born citizens of the Philippines;

2. At least 35 years old at the time of their appointments;
3. With proven capacity for public administration; and
4. NOT candidates for any elective position in the elections immediately
preceding their appointment.
5. Appointees by the President to the CSC need Commission on
Appointments (CA) confirmation
TERM
1. 7 years (except for the 1st appointees where the Chairman has 7 years, 1
Commissioner has 5 years while another has 3 years)
2. Limitation: single term only, no reappointment
3. Appointment to vacancy: only for unexpired term of predecessor
4. No temporary appointments, or appointments in acting capacity.
SECTION 2
SCOPE
The Civil Service embraces all:
1. branches,
2. subdivisions,
3. instrumentalities,
4. agencies of the government,
5. including GOCCs with original charters.
a. "With Original Charter" means that the GOCC was created by special law/by
Congress
b. If incorporated under the Corporation Code, it does not fall within the Civil
Service, and is not subject to the CSC jurisdiction.
c. If previously government-controlled, but is later privatized, it ceases to fall under
CSC.
d. Jurisdiction is determined as of the time of filing the complaint.
SECTION 2
SCOPE
Appointments to civil service shall be:
A. Competitive positions
According to merit and fitness to be determined by competitive examinations, as far
as practicable except to positions which are policy-determining, primarily
confidential, or highly technical.
B. Non-competitive positions
1. No need for competitive examinations.
2. 3 kinds:
a. Policy-determining - formulate a method of action for the government
b. Primarily confidential - more than ordinary confidence; close intimacy
insures freedom of intercourse without betrayals of personal trust.
c. Highly technical - requires technical skill to a superior degree.
SECTION 2
SCOPE
C. The TEST to determine whether non-competitive is the nature of the
responsibilities, NOT the administrative or legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ in
the MANNER in which they are filled.
E. Who may be appointed:
1. RULE: Whoever fulfills all the qualifications prescribed by law for a
particular position may be appointed therein.
2. The CSC cannot disapprove an appointment just because another person is
better qualified, as long as the appointee is himself qualified.
3. The CSC CANNOT add qualifications other than those provided by law.
SECTION 2
SCOPE
F. Next-In-Rank Rule While a person next in rank is entitled to preferential

consideration, it does not follow that only he, and no one else, can be appointed. Such
person has no vested right to the position and the appointing authority is not bound to
appoint the person next in rank.
SECTION 2
TENURE (CLASSIFICATION OF POSITIONS)
CIVIL SERVICE NON-CIVIL SERVICE
1. Entrance based on merit and fitness to be 1. Entrance on bases OTHER than usual tests of
determined as far as practicable by merit and fitness.
competitive examinations or based on highly
technical qualifications.
2. Entitled to security of tenure 2. Tenure limited to:

a) Period specified by law,
b) Coterminous with the appointing authority
or subject to his pleasure, or
c) Limited to the duration of a particular project
for which purpose the employment was made.
3. With opportunity for advancement to higher

career positions.
SECTION 2
Security of Tenure:
1. Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for
cause provided by law. It guarantees both procedural and substantive due process.
2. For "LEGAL CAUSE" - Cause is:
a. related to and affects the administration of office, and
b. must be substantial (directly affects the rights & interests of the public)
SECTION 2
3. Security of tenure for Non-competitive positions
a. Primarily confidential officers and employees hold office only for so long as
confidence in them remains.
b. If there is GENUINE loss of confidence, there is no removal, but merely the
expiration of the term of office
c. Non-career service officers and employees do not enjoy security of tenure.
d. Political appointees in the foreign service possess tenure coterminous with
that of the appointing authority or subject to his pleasure.
4. One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not
appointed by the proper appointing authority does not acquire security of tenure.
SECTION 2
Abolition of Office
To be valid, abolition must be made:
1. In good faith; (good faith is presumed)
2. Not for political or personal reasons; and
3. Not in violation of law.
Temporary employees are covered by the following rules:
1. Not protected by security of tenure - can be removed anytime even without cause
2. If they are separated, this is considered an expiration of his term.
BUT: They can only be removed by the one who appointed them
3. Entitled only to such protection as may be
provided by law.
SECTION 2
No officer or employee in the Civil Service shall engage in any electioneering or in

partisan political activity
1. Cannot solicit votes in favor of a particular candidate.
2. Cannot give campaign contributions or distribute campaign materials.
3. BUT: Allowed to express views on political issues, and to mention the names of the
candidates whom he supports.
4. Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
SECTION 6-7
DISQUALIFICATIONS
1. Losing candidates in any election
a. Cannot be appointed to any office in the government or GOCC's or their subsidiaries
b. Period of disqualification: (1) year after such election.
2. Elective officials
a. Not eligible for appointment or designation in ANY CAPACITY to ANY
PUBLIC OFFICE or position during their tenure.
b. EXCEPTION: May hold ex officio positions.
SECTION 6-7
Examples:
a. The Vice President may be appointed as a Cabinet member
b. A Congressman may sit in the Judicial and Bar Council
c. To be eligible to hold any other office, the elected official must first resign from his
office
d. Even Congress cannot, by law, authorize the appointment of an elective official.
SECTION 6-7
3. Appointive officials
a. Cannot hold any other office or employment in the government, any subdivision,
agency, instrumentality, including GOCC's and their subsidiaries.
b. EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his
position.
This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in
Art. VII, Sec. 13. They are governed by the stricter prohibitions contained therein.
SECTION 8
COMPENSATIONS
1. Prohibitions: apply to elected or appointed officers and employees cannot receive:

a. Additional compensation: an extra reward given for the same office i.e. bonus
b. Double compensation: when an officer is given 2 sets of compensation for 2 different
offices held concurrently by 1 officer
c. Indirect Compensation
2. EXCEPTION: Unless specifically authorized by law
a. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the
officer or employee concerned.
b. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred
are not prohibited
SECTION 8
3. Cannot accept any present, emolument, office, title of any kind from foreign
governments UNLESS with the consent of Congress.
4. Pensions and gratuities are NOT considered as additional, double, or indirect
compensation.
CIVIL SERVICE LAW
That the Civil Service Commission, as the central personnel

agency of the Government:
1. Shall establish a career service,

2. Adopt measures to promote morale,
3. Efficiency, integrity, responsiveness, and courtesy in the civil
service,
4. Strengthen the merit and rewards system,
5. Integrate all human resource development programs for all
levels and ranks,
CIVIL SERVICE LAW
6. And institutionalize a management climate conducive to

public accountability;
a. 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 decentralized,
delegating the people; and the personnel functions shall be
decentralized, delegating the corresponding authority to
the departments, offices and agencies where such functions
can be effectively performed.
JURISPRUDENCE

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THE

CIVIL SERVICE COMMISSION

1. Natural-born citizens of the Philippines;

F. Next-In-Rank Rule While a person next in rank is entitled to preferential

2. Entitled to security of tenure 2. Tenure limited to:

3. With opportunity for advancement to higher

No officer or employee in the Civil Service shall engage in any electioneering or in

1. Prohibitions: apply to elected or appointed officers and employees cannot receive:

That the Civil Service Commission, as the central personnel

1. Shall establish a career service,

6. And institutionalize a management climate conducive to

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