WHEREAS, Presidential Decree No. 110 dated January 26, 1973 declared the Civil Service Commission envisioned in the Constitution in existence, providing guidelines for its operation;
WHEREAS, there is need for the immediate organization of the Civil Service Commission in order to enable it to carry out its mission as mandated by the Constitution; and
WHEREAS, the former Civil Service Commission created under Republic Act No. 2260, as amended, and as organized under the Integrated Reorganization Plan may serve as the nucleus of the Civil Service Commission.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:
ARTICLE I. TITLE
SECTION 1. This Decree shall be known as the Civil Service Decree of the Philippines.
ARTICLE II. DECLARATION OF POLICY
SEC. 2. It shall be the policy of the State to insure and promote the Constitutional mandate that appointments in the Civil Service shall be made only according to merit and fitness, to provide within the public service a progressive system of personnel administration, and to adopt measures to promote morale and the highest degree of responsibility, integrity, loyalty, efficiency, and professionalism in the Civil Service; that the Civil Service Commission shall be the central personnel agency to set standards and to enforce the laws and rules governing the selection, utilization, training and discipline of civil servants; that a public office is a public trust and public officers shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain accountable to the people; and that action on personnel matters shall be de-centralized, with the different departments and other offices or agencies of the government delegating to their regional offices or other similar units, powers and functions.
ARTICLE III. DEFINITION OF TERMS
SEC. 3. As used in this Decree, the following shall be construed thus:
ARTICLE IV. SCOPE OF THE CIVIL SERVICE
SEC. 4. Positions Embraced in the Civil Service.—The Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including every government-owned or controlled corporations whether performing governmental or proprietary function.
Positions in the Civil Service shall be classified into career service and non-career service.
SEC. 5. The Career Service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure.
The Career Service shall include:
SEC. 6. The Non-Career Service shall be characterized by (1) entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made.
The Non-Career Service shall include:
SEC. 7. Classes of Positions in the Career Service.—
ARTICLE V. ORGANIZATION AND FUNCTIONS
SEC. 8. Composition of the Civil Service Commission.—
SEC. 9. Powers and Functions of the Commission.—The Commission shall administer the Civil Service and shall have the following powers and functions:
SEC. 10. Duties and Responsibilities of the Chairman.—
- Direct the operations of the Commission including those pertaining to its internal administration;
- Establish standard operating procedures for the effective operations of the Commission;
- Transmit to the President, rules, regulations, and other guidelines adopted by the Commission which require Presidential attention including annual and other periodic reports as may be necessary;
- Issue appointments to, and enforce decision on administrative discipline involving officials and employees of the Commission;
- Delegate authority for the performance of any function to officials of the Commission;
- Submit the annual and supplemental budgets of the Commission; and
- Perform such other functions as may be provided by law.
SEC. 11. Duties and Responsibilities of the Other Members of the Commission.—Jointly with the Chairman, the two Commissioners shall be responsible for the effective exercise of the rule-making and adjudicative functions of the Commission. In case of the absence of the Chairman, owing to illness or other cause, the senior member shall temporarily perform the functions of the Chairman.
SEC. 12. Offices in the Commission.—The Commission shall carry out its functions through the following Offices and Service: (1) Office of Recruitment, Examination and Selection, (2) Office of Career and Employee Development. (3) Office of Personnel Planning and Program Evaluation, (4) Office of Personnel Relations, (5) Office of Legal Affairs, and (6) Administrative Service. It shall keep and maintain such regional offices as the exigencies of the service so require in accordance with the pertinent pro visions of Chapter III, Part II of the Integrated Reorganization Plan, or as may be provided by law.
SEC. 13. Regional Offices.—Each regional office of the Commission shall exercise the following authority:
SEC. 14. Authority to Reorganize.—In order to carry out the powers and functions set forth in this Decree, the Commission is hereby authorized to reorganize the internal structure of the Commission subject to the approval of the President: Provided, however, That this authority shall not extend beyond December 31, 1976.
ARTICLE VI. RESPONSIBILITIES OF PUBLIC OFFICERS AND EMPLOYEES
SEC. 15. Duties of Public Officers.—Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people.
ARTICLE VII. INTERDEPARTMENT RELATIONS
SEC. 16. Civil Service Assistance to Departments and, Agencies.—Each head of department, office, agency, government-owned or controlled corporation and local government shall be responsible for personnel administration in his office which shall be in accordance with the provision relating to civil service embodied in the Constitution, this Decree and the rules, principles, standards, guidelines and regulations established by the Commission. Whenever it deems it in the interest of the public service, the Civil Service Commission shall organize in each department, office, agency, government-owned or controlled corporation, and provincial and city government a Civil Service Staff which shall be headed by an officer of the Commission. The necessary staff personnel and office facilities and equipment shall be provided by the department, government-owned or controlled corporation or local government where the staff is established but the Commission may augment these with its own. This shall serve as the principal liaison between the Civil Service and the Department concerned and shall perform the following specific functions and those functions which may hereafter be assigned to it by the Commission:
In the performance of their functions, the units so organized shall avail of the technical assistance and guidelines of the Civil Service Commission.
SEC. 17. Council of Personnel Officers.—There is hereby created a Council of Personnel Officers to be composed of Chief personnel officers of the different executive departments and of agencies with the category of department that the Chairman of the Commission shall select for membership. Except for its Executive Officer who shall be designated by the Chairman from among the appropriate officials in the Civil Service Commission, the Council is authorized to elect such other officers from among its members and to fix its own rules or procedures concerning attendance at meetings, approval of policy declaration, and other business matters. Provisions for necessary facilities and clerical assistance for the Council shall be made in the annual budget of the Commission.
The Council shall have the following functions:
SEC. 18. Inspection and Audit.—The Commission, through its designated representatives, shall conduct a periodic inspection and audit of the personnel management program of each department, agency, province or city, in order to: (a) determine compliance with this Decree, rules and standards; (b) review discharge of delegated authority; (c) make an adequate evaluation of the progress made and problems encountered in the conduct of the merit system in the national and local governments including government-owned or controlled corporations; (d) give advice and provide assistance in developing constructive policies, standards and procedures, and (e) stimulate improvement in all areas of personnel management.
Periodic inspection and audit will include an appraisal of personnel management operations and activities relative to: (a) formulation and issuance of personnel policy; (b) recruitment and selection of employees; (c) personnel action and employment status; (d) career and employee development; (e) performance evaluation system; (f) employee suggestions and incentive award; (g) employee relations and services; (h) discipline; (i) personnel records and reporting; and (j) program evaluation.
ARTICLE VIII. PERSONNEL POLICIES AND STANDARDS
SEC. 19. Recruitment and Selection of Employees.— (1) 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 to perform the duties and assume the responsibilities of the positions.
SEC. 20. Qualification Standards.—(1) A qualification standard expresses the minimum requirements for a class of positions in terms of education, training and experience, civil service eligibility, physical fitness, and other qualities required for successful performance. The degree of qualifications of an officer or employee shall be determined by the appointing authority on the basis of the qualification standard for the particular position.
Qualification standards shall be used as basis for civil service examinations for positions in the career service, as guides in appointment and other personnel actions, in the adjudication of protested appointments, in determining training needs, and as aid in the inspection and audit of the agencies' personnel work programs.
It shall be administered in such manner as to continually provide incentives to officers and employees towards professional growth and foster the career system in the government service.
(2) The establishment, administration and maintenance of qualification standards shall be the responsibility of the department or agency, with the assistance and approval of the Civil Service Commission and in consultation with the Wage and Position Classification Office.
SEC. 21. Release of Examination Results.—The results of any particular civil service examination held in a number of places on the same date shall be released simultaneously.
SEC. 22. Register of Eligibles.—The names of the competitors who pass an examination shall 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.
SEC. 23. Cultural Communities.—In line with the national policy to facilitate the integration of the members of cultural communities and accelerate the development of the areas occupied by them, the Commission shall give special civil service examinations to qualify them for appointment in the civil service.
SEC. 24. Personnel Actions.—All appointments in the career service shall be made only according to merit and fitness, to be determined as far as practicable by competitive examinations. A non-eligible shall not be appointed to any position in the civil service whenever there is a civil service eligible actually available for and ready to accept appointment.
As used in this Decree, any action denoting the movement or progress of personnel in the civil service shall be known as personnel action. Such action shall include appointment through certification, promotion, transfer, reinstatement reemployment, detail, reassignment, demotion, and separation. All personnel actions shall be in accordance with such rules, standards, and regulations as may be promulgated by the Commission.
SEC. 25. Employment Status.—Appointment in the career service shall be permanent or temporary.
SEC. 26. Salary Increase or Adjustment.—Adjustments in salaries as a result of increase in pay levels or upgrading of positions which do not involve a change in qualification requirements shall not require new appointments except that copies of the salary adjustment notices shall be submitted to the Commission for record purposes.
SEC. 27. Reduction in Force.—Whenever it becomes necessary because of lack of work or funds or due to a change in the scope or nature of an agency's program, or as a result of reorganization, to reduce the staff of any department or agency, those in the same group or class of positions in one or more agencies within the particular department or agency wherein 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 qualified for the remaining positions shall be laid off.
SEC. 28. Career and Personnel Development.—The development and retention of a competent and efficient work force in the public service is a primary concern of government. It shall be the policy of the government that a continuing program of career and personnel development be established for all government employees at all levels. An integrated national plan for career and personnel development shall serve as the basis for all career and personnel development activities in the government.
SEC. 29. Career and Personnel Development Plans.— Each department or agency shall prepare a career and personnel development plan which shall be integrated into a national plan by the Commission. Such career and personnel development plans which shall include provisions on merit promotions, performance evaluation, in-service training, including overseas and local scholarships and training grants, job rotation, suggestions and incentive award systems, and such other provisions for employees' health, welfare, counseling, recreation and similar services.
SEC. 30. Merit Promotion Plans.—Each department or agency shall establish merit promotion plans which shall be administered in accordance with the provisions of this Decree and the rules, regulations, and standards to be promulgated by the Commission. Such plans shall include provisions for a definite screening process, which may include tests of fitness, in accordance with standards and guidelines set by the Commission. Promotion Boards may be organized subject to criteria drawn by the Commission.
SEC. 31. Performance Evaluation System.—There shall be established a performance evaluation system, which shall be 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 shall be administered in such manner as to continually foster the improvement of individual employee efficiency and organizational effectiveness.
Each department or agency may, after consultation with the Commission, establish and use one or more performance evaluation plans appropriate to the various groups of positions in the department or agency concerned. No performance evaluation shall be given, or used as a basis for personnel action, except under an approved performance evaluation plan: Provided, That each employee shall be informed periodically by his supervisor of his performance evaluation.
SEC. 32. Responsibility 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 specialized institutes shall conduct continuing centralized training for staff specialists from the different agencies. However, in those cases where there is sufficient number of participants to warrant training at department or agency or local government level, such central staff agencies and specialized institutes shall render the necessary assistance, and consultative services.
To avoid duplication of effort and overlapping of training functions, the following functional responsibilities are assigned:
Whenever it deems it necessary, the Commission shall take the initiative in undertaking programs for personnel development.
SEC. 33. Employee Suggestions and Incentive Award System.—There shall be established a government-wide employee suggestions and incentive awards system which shall be administered under such rules, regulations, and standards as may be promulgated by the Commission.
In accordance with rules, regulations, and standards promulgated by the Commission, the President or the head of each department or agency is authorized to incur whatever necessary expenses involved in the honorary recognition of subordinate officers and employees of the government who by their suggestions, inventions, superior accomplishment, and other personal efforts contribute to the efficiency, economy, or other improvement of government operations, or who perform such other extraordinary acts or services in the public interest in connection with, or in relation to, their official employment.
SEC. 34. Personnel Relations.—(a) It shall be the concern of the Commission to provide leadership and assistance in developing employee relations programs in the departments or agencies.
(b) Every head of department or agency shall take all proper steps toward the creation of an atmosphere conducive to good supervisor-employee relations and the improvement of employee morale.
SEC. 35. Complaints and Grievances.— Employees shall have the right to present their complaints or grievances to management and have them adjudicated as expeditiously as possible in the best interest of the agency, the government as a whole, and the employee concerned. Such complaint or grievances shall be resolved at the lowest possible level in the department or agency, as the case may be, and the employee shall have the right to appeal such decision to higher authorities.
Each department or agency shall promulgate rules and regulations governing expeditious, fair, and equitable adjustment of employees' complaints or grievances in accordance with the policies enunciated by the Commission.
ARTICLE IX. DISCIPLINE
SEC. 36. Discipline: General Provisions.—(a) No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process.
(b) The following shall be grounds for disciplinary action:
(c) Except when initiated by the disciplining authority, 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.
(d) In meeting out punishment, the same penalties shall be imposed for similar offenses and only one penalty shall be imposed in each case. The disciplining authority may impose the penalty of removal from the service, transfer, demotion in rank, suspension for not more than one year without pay, fine in an amount not exceeding six months' salary, or reprimand.
SEC. 37. Disciplinary Jurisdiction.—(a) The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days' salary, demotion in rank or salary or transfer, removal or dismissal from office. A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it may hear and decide the case or it may deputize any department or agency or official or group of officials to conduct the investigation. The results of the investigation shall be submitted to the Commission with recommendation as to the penalty to be imposed or other action to be taken.
(b) The heads of departments, agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Their decisions shall be final in case the penalty imposed is suspension for not more than thirty days or fine in an amount not exceeding thirty days' salary. In 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 finally to the Commission and pending appeal, the same shall be executory except when the penalty is removal, in which case the same shall be executory only after confirmation by the department head.
(c) An investigation may be entrusted to regional director or similar officials who shall make the necessary report and recommendation to the chief of bureau or office or department within the period specified in Paragraph d of the following Section.
(d) An appeal shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent shall be considered as having been under preventive suspension during the pendency of the appeal in the event he wins an appeal.
SEC. 38. Procedure in Administrative Cases Against Non-Presidential Appointees.—(a) Administrative proceedings may be commenced against a subordinate officer or employee by the head of department or office of equivalent rank, or head of local government, or chiefs of agencies, or regional directors, or upon sworn, written complaint of any other persons.
(b) In the case of a complaint filed by any other per sons, the complainant shall submit sworn statements covering his testimony and those of his witnesses together with his documentary evidence. If on the basis of such papers a prima facie case is found not to exist, the disciplining authority shall dismiss the case. If a prima facie case exists, he shall notify the respondent in writing, of the charges against the latter, to which shall be attached copies of the complaint, sworn statements and other documents submitted, and the respondent shall be allowed not less than seventy-two hours after receipt of the complaint to answer the charges in writing under oath, together with supporting sworn statements and documents, in which he shall indicate whether or not he elects a formal investigation if his answer is not considered satisfactory. If the answer is found satisfactory, the disciplining authority shall dismiss the case.
(c) Although a respondent does not request a formal investigation, one shall nevertheless be conducted when from the allegations of the complaint and the answer of the respondent, including the supporting documents, the merits of the case cannot be decided judiciously without conducting such an investigation.
(d) The investigation shall be held not earlier than five days nor later than ten days from the date of receipt of respondent's answer by the disciplining authority, and shall be finished within thirty days from the filing of the charges, unless the period is extended by the Commission in meritorious cases. The decision shall be rendered by the disciplining authority within thirty days from the termination of the investigation or submission of the report of the investigator, which report shall be submitted within fifteen days from the conclusion of the investigation.
(e) The direct evidence for the complainant and the respondent shall consist of the sworn statements and documents submitted in support of the complaint or answer, as the case may be, without prejudice to the presentation of additional evidence deemed necessary but was unavailable at the time of the filing of the complaint or answer, upon which the cross-examination, by respondent and the complainant, respectively, shall be based. Following cross-examination, there may be redirect and recross-examination.
(f) Either party may avail himself of the services of counsel and may require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.
(g) The investigation shall be conducted only for the purpose of ascertaining the truth and without necessarily adhering to technical rules applicable in judicial proceedings. It shall be conducted by the disciplining authority concerned or his authorized representative.
The phrase "any other party" shall be understood to be a complainant other than those referred to in subsection (a) hereof.
SEC. 39. Appeals.—(a) Appeals, where allowable, shall be made by the party adversely affected by the decision within fifteen days from receipt of the decision unless a petition for reconsideration is seasonably filed, which petition shall be decided within fifteen days. Notice of the appeal shall be filed with the disciplining office, which shall forward the records of the case, together with the notice of appeal, to the appellate authority within fifteen days from filing of the notice of appeal, with its comment, if any. The notice of appeal shall specifically state the date of the decision appealed from and the date of receipt thereof, it shall also specifically set forth clearly the grounds relied upon for excepting from the decision.
(b) A petition for reconsideration shall be based only on any of the following grounds: (1) new evidence has been discovered which materially affects the decision rendered; (2) the decision is not supported by the evidence on record; or (3) errors of law or irregularities have been committed prejudicial to the interest of the respondent; Provided, That only one petition for reconsideration shall be entertained.
SEC. 40. Summary Proceedings.—No formal investigation is necessary and the respondent may be immediately removed or dismissed if any of the following circumstances is present:
Resort to summary proceedings by disciplining authority shall be done with utmost objectivity and impartiality to the end that no injustice is committed: Provided, That removal or dismissal except those by the President, himself, or upon his order, may be appealed to the Commission.
SEC. 41. Preventive Suspension.—The proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation, if the charge 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 which would warrant his removal from the service.
SEC. 42. Lifting of Preventive Suspension Pending Administrative Investigation.—When the administrative case against the officer or employee under preventive suspension is not finally decided by the disciplining authority within the period of ninety (90) days after the date of suspension of the respondent who is not a presidential appointee, the respondent shall be automatically reinstated in the service: Provided, That when 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.
SEC. 43. Removal of Administrative Penalties or Disabilities.—In meritorious cases and upon recommendation of the Commission, the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to such terms and conditions as he may impose in the interest of the service.
ARTICLE X. PROHIBITIONS
SEC. 44. Limitation on Appointment.—(1) No elective official shall be eligible for appointment to any office or position during his term of office.
(2) No candidate who lost in an election shall be eligible for appointment to any office in the government, or in any government-owned or controlled corporation within one year following such election.
SEC. 45. Political Activity.—No officer or employee in the Civil Service including members of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote nor shall he use his official authority or influence to coerce the political activity of any other person or body. Nothing herein provided shall be understood o prevent any officer or employee from expressing his views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports: Provided, That public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code.
SEC. 46. Additional or double Compensation.—No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law nor accept, without the consent of the President, any present, emolument, office, or title of any kind from any foreign state.
SEC. 47. Limitation on Employment of Laborers.—Laborers, whether skilled, semi-skilled or unskilled, shall not be assigned to perform clerical duties.
SEC. 48. Prohibition on Detail or Reassignment.—No detail or reassignment whatever shall be made within three (3) months before any election.
SEC. 49. Nepotism.—(a) All appointments in the nation-al, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.
As used in this Section, the word "relative" and members of the family referred, to are those related within the third degree either of consanguinity or of affinity.
(b) The following are exempted from the operation of the rules on nepotism: (1) persons employed in a confidential capacity, (2) teachers, (3) physicians, and (4) members of the Armed Forces of the Philippines: Provided, however, That in each particular instance full report of such appointment shall be made to the Commission.
The restriction mentioned in subsection (a) shall not be applicable to the case of a member of any family who, after his or her appointment to any position in an office or bureau, contracts marriage with someone in the same office or bureau, in which event the employment or retention therein of both husband and wife may be allowed.
(c) In order to give immediate effect to these provisions, cases of previous appointments which are in contravention hereof shall be corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in favor of the relative or relatives who were appointed in violation of these provisions.
ARTICLE XI. MISCELLANEOUS PROVISIONS
SEC. 50. Examining Committee, Special Examiners and Special Investigators.—Subject to approval by the proper head of department or agency, the Commission may select suitable persons in the government service to act as members of examining committees, special examiners or special investigators. Such person shall be designated examiners or investigators of the Commission and shall perform such duties as the Commission may require, and in the performance of such duties they shall be under its exclusive control. Examining committees, special examiners or special investigators so designated may be given allowances or per diems for their services, to be paid out of the funds of, and at a rate to be determined by, the Commission.
SEC. 51. Fees.—The Commission shall collect and charge fees for civil service examinations, certifications of civil service ratings, service records, and other civil service matters, training courses, seminars, workshops in personnel management and other civil service matters. For this purpose, the Commission shall prescribe standard and reasonable rates for such examinations, certifications, training courses, seminars, and workshops: Provided, That the fees so collected in training courses, seminars and workshops, shall be used exclusively for training activities of the Commission: Provided, further, That no examination fess shall be collected in examinations given for the selection of scholars.
SEC. 52. Authority of Officers to Administer Oaths, Take Testimony, Prosecute and Defend Cases in Court.—Members of the Commission, chiefs of offices, and other officers and employees of the Commission designated in writing by the Chairman may administer such oath as may be necessary in the transactions of official business and administer oaths and take testimony in connection with any authorized investigation. Attorneys of the Commission may prosecute and defend cases in connection with the functions of the Commission before any court or tribunal.
SEC. 53. Liability of Appointing Authority.—No person employed in the Civil Service in violation of the Civil Service Law and rules shall be entitled to receive pay from the government; but the appointing authority responsible for such unlawful employment shall be person-ally liable for the pay that would have accrued had the employment been lawful, and the disbursing officials shall make payment to the employee of such amount from salary of the officers so liable.
SEC. 54. Liability of Disbursing Officers.—Except as may otherwise be provided by law, it shall be unlawful for a treasurer or other fiscal officer to draw 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.
SEC. 55. Penal Provision.—Whoever makes any appointment or employs any person in violation of any provision of this Decree or the rules made thereunder or whoever commits fraud, deceit or intentional misrepresentation of material facts concerning other civil service matters, or whoever violates, refuses or neglects to comply with any of such provisions or rules, shall upon conviction be punished by a fine not exceeding one thousand pesos or by imprisonment not exceeding six (6) months, or both such fine and imprisonment in the discretion of the court.
ARTICLE XII. TRANSITORY PROVISIONS
SEC. 56. Government-owned or Controlled Corporations Personnel.—All permanent personnel of government-owned or controlled corporations whose positions are now embraced in the civil service shall continue in the service until they have been given a chance to qualify in an appropriate examination, but in the meantime, those who do not possess the appropriate civil service eligibility shall not be promoted until they qualify in an appropriate civil service examination. Services of temporary personnel may be terminated any time.
SEC. 57. Authority to Use Appropriations.—The Commission is hereby authorized to use such sums appropriated in Presidential Decree No. 733 and balances of existing certifications to accounts payable including prior years which have not yet been reverted to the unappropriated surplus, as are necessary to carry out the provisions of this Decree. Henceforth, appropriations to cover the salaries of officials and employees of the Civil Service Commission and its maintenance and operational expenses shall be included in the annual General Appropriations Decree.
SEC. 58. Vested Rights.—Except as otherwise provided in this Decree, rights vested or acquired under the pro-visions of the old Civil Service Law, rules and regulations and any other Acts prior to the effectively of this Decree shall be respected.
SEC. 59. Repealing Clause.—All laws, rules and regulations or parts thereof inconsisted with the provisions of this Decree are hereby repealed or modified accordingly.
SEC. 60. Separability of Provisions.—If any part, section or provision of this Decree shall be held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby.
SEC. 61. Effectivity.—This Decree shall form part of the law of the land and shall take effect immediately.
Done in the City of Manila, this 6th day of October, in the year of Our Lord, nineteen hundred and seventy-five.
(Sgd.) |
FERDINAND E. MARCOS | ||||||||
President |
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Republic of the Philippines | |||||||||
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By the President: | ||||||||
(Sgd.) |
ROBERTO V. REYES | ||||||||
Deputy Executive Secretary |