Article 91p. 91

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

agencies

where

such

functions

can

be

effectively

performed.

SECTION 2. Duties and Responsibilities of Public

Officers

and

Employees .

—

Public

Officers

and

employees shall have the duties, responsibilities, and

accountability provided in Chapter 9, Book I of this Code.

SECTION 3. Terms and Conditions of Employment . —

The

terms

and

conditions

of

employment

of

all

government

employees,

including

those

in

government-owned

or

controlled

corporations

with

original charters, shall be fixed by law. The terms and

conditions of employment which are not fixed by law

may

be

the

subject

of

negotiation

between

duly

recognized employees' organizations and appropriate

government authorities.

SECTION 4. Compensation . — The Congress shall

provide

for

the

standardization

of

compensation

of

government officials and employees including those in

government-owned

or

controlled

corporations

with

original charters, taking into account the nature of the

responsibilities

pertaining

to,

and

the

qualifications

required for the position concerned.

SECTION 5. Definitions of Terms . — As used in this

title, the following shall be construed thus:

(1) Agency means any bureau, office, commission,

administration, board, committee, institute, corporation

with original charter, whether performing governmental

or proprietary function, or any other unit of the National

Government, as well as provincial, city, or municipal

government, except as hereinafter otherwise provided.

(2) Appointing officer is the person or body authorized

by law to make appointments in the Philippine Civil

Service.

(3) Class includes all positions in the government

service that are sufficiently similar as to duties and

responsibilities and require similar qualifications that can

be

given

the

same

title

and

salary

and

for

all

administrative and compensation purposes, be treated

alike.

(4) Commission refers to the Civil Service Commission.

(5)

Chairman

refers

to

the

Chairman

of

the

Commission.

(6) Commissioner refers to either of the two other

members of the Commission.

(7)

Department

includes

any

of

the

executive

departments

or

entities

having

the

category

of

a

department

including

the

judiciary,

Commission

on

Elections and Commission on Audit.

(8) Eligible refers to a person who obtains a passing

grade in a civil service examination or is granted a civil

service eligibility and whose name is entered in the

register of eligibles.

(9) Examination refers to a civil service examination

conducted by the Commission and its regional offices or

by other departments or agencies with the assistance of

the Commission, or in coordination or jointly with it, and

those that it may delegate to departments and agencies

pursuant to this Title, or those that may have been

delegated by law.

(10) Form refers to those prescribed by the Civil Service

Commission.

CHAPTER 2 Coverage of the Civil Service

SECTION 6. Scope of the Civil Service . — (1) The Civil

Service

embraces

all

branches,

subdivisions,

instrumentalities,

and

agencies

of

the

Government,

including government-owned or controlled corporations

with original charters.

(2) Positions in the Civil Service shall be classified into

career service and non-career service.

SECTION 7. Career Service . — The Career Service shall

be characterized by (1) entrance based on merit and

fitness

to

be

determined

as

far

as

practicable

by

competitive examination, or based on highly technical

qualifications; (2) opportunity for advancement to higher

career positions; and (3) security of tenure.

The Career Service shall include:

(1) Open Career positions for appointment to which

prior

qualification

in

an

appropriate

examination

is

required;

(2) Closed Career positions which are scientific, or

highly technical in nature; these include the faculty and

academic staff of state colleges and universities, and

scientific and technical positions in scientific or research

institutions which shall establish and maintain their own

merit systems;

(3) Positions in the Career Executive Service; namely,

Undersecretary,

Assistant

Secretary,

Bureau

Director,

Assistant Bureau Director, Regional Director, Assistant

Regional Director, Chief of Department Service and other

officers of equivalent rank as may be identified by the

Career

Executive

Service

Board,

all

of

whom

are

appointed by the President;

(4) Career officers, other than those in the Career

Executive Service, who are appointed by the President,

such as the Foreign Service Officers in the Department of

Foreign Affairs;

(5) Commissioned officers and enlisted men of the

Armed Forces which shall maintain a separate merit

system;

(6)

Personnel

of government-owned or controlled

corporations,

whether

performing

governmental

or

proprietary

functions,

who

do

not

fall

under

the

non-career service; and

(7) Permanent laborers, whether skilled, semi-skilled,

or unskilled.

SECTION 8. Classes of Positions in the Career Service .

—

(1)

Classes

of

positions

in

the

career

service

appointment to which requires examinations shall be

grouped into three major levels as follows:

(a) The first level shall include clerical, trades, crafts,

and

custodial

service

positions

which

involve

non-professional

or

subprofessional

work

in

a

non-supervisory or supervisory capacity requiring less

than four years of collegiate studies;

(b)

The

second

level

shall

include

professional,

technical,

and

scientific

positions

which

involve

professional,

technical,

or

scientific

work

in

a

non-supervisory or supervisory capacity requiring at least

four years of college work up to Division Chief level; and

(c) The third level shall cover positions in the Career

Executive Service.

(2) Except as herein otherwise provided, entrance to

the

first

two

levels

shall

be

through

competitive

examinations, which shall be open to those inside and

outside the service who meet the minimum qualification

requirements. Entrance to a higher level does not require

previous qualification in the lower level. Entrance to the

third level shall be prescribed by the Career Executive

Service Board.

(3) Within the same level, no civil service examination

shall be required for promotion to a higher position in

one or more related occupational groups. A candidate for

promotion should, however, have previously passed the

examination for that level.

SECTION 9. Non-Career Service . — 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

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