Article 92p. 92

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

of a particular project for which purpose employment

was made.

The Non-Career Service shall include:

(1) Elective officials and their personal or confidential

staff;

(2) Secretaries and other officials of Cabinet rank who

hold their positions at the pleasure of the President and

their personal or confidential staff(s);

(3)

Chairman

and

members

of commissions and

boards with fixed terms of office and their personal or

confidential staff;

(4) Contractual personnel or those whose employment

in

the

government is in accordance with a special

contract to undertake a specific work or job, requiring

special or technical skills not available in the employing

agency, to be accomplished within a specific period,

which in no case shall exceed one year, and performs or

accomplishes the specific work or job, under his own

responsibility

with

a

minimum

of

direction

and

supervision from the hiring agency; and

(5) Emergency and seasonal personnel.

CHAPTER 3 Organization and Functions of the Civil Service

Commission

SECTION 10. Composition . — The Commission shall be

composed of a Chairman and two Commissioners who

shall be natural born citizens of the Philippines and, at

the time of their appointment, at least thirty-five years of

age, with proven capacity for public administration, and

must not have been candidates for any elective position

in

the

elections

immediately

preceding

their

appointment.

SECTION

11.

Appointment

of

Chairman

and

Commissioners .

—

The

Chairman

and

the

Commissioners shall be appointed by the President with

the consent of the Commission on Appointments for a

term of seven years without reappointment. Of the first

appointed, the Chairman shall hold office for seven years,

a Commissioner for five years, and another Commissioner

for three years, without reappointment. Appointment to

any vacancy shall be only for the unexpired term of the

predecessor. In no case shall any Member be appointed

or designated in a temporary or acting capacity.

SECTION

12.

Powers

and

Functions .

—

The

Commission

shall

have

the

following

powers

and

functions:

(1) Administer and enforce the constitutional and

statutory provisions on the merit system for all levels and

ranks in the Civil Service;

(2) Prescribe amend and enforce rules and regulations

for carrying into effect the provisions of the Civil Service

Law and other pertinent laws;

(3) Promulgate policies, standards and guidelines for

the Civil Service and adopt plans and programs to

promote economical, efficient and effective personnel

administration in the government;

(4)

Formulate

policies

and

regulations

for

the

administration,

maintenance

and

implementation

of

position

classification

and

compensation

and

set

standards

for

the

establishment,

allocation

and

reallocation of pay scales, classes and positions;

(5) Render opinion and rulings on all personnel and

other Civil Service matters which shall be binding on all

heads of departments, offices and agencies and which

may be brought to the Supreme Court on certiorari ;

(6) Appoint and discipline its officials and employees in

accordance with law and exercise control and supervision

over the activities of the Commission;

(7) Control, supervise and coordinate Civil Service

examinations. Any entity or official in government may be

called

upon

by

the

Commission

to

assist

in

the

preparation and conduct of said examinations including

security,

use

of

buildings

and

facilities

as

well

as

personnel and transportation of examination materials

which shall be exempt from inspection regulations;

(8) Prescribe all forms for Civil Service examinations,

appointments, reports and such other forms as may be

required by law, rules and regulations;

(9)

Declare

positions in the Civil Service as may

properly be primarily confidential, highly technical or

policy determining;

(10) Formulate, administer and evaluate programs

relative to the development and retention of qualified

and competent workforce in the public service;

(11) Hear and decide administrative cases instituted by

or brought before it directly or on appeal, including

contested

appointments,

and

review

decisions

and

actions of its offices and of the agencies attached to it.

Officials and employees who fail to comply with such

decisions, orders, or rulings shall be liable for contempt of

the Commission. Its decisions, orders, or rulings shall be

final and executory. Such decisions, orders, or rulings may

be brought to the Supreme Court on certiorari by the

aggrieved party within thirty (30) days from receipt of a

copy thereof;

(12) Issue subpoena and subpoena duces tecum for

the production of documents and records pertinent to

investigations

and

inquiries

conducted

by

it

in

accordance

with

its

authority

conferred

by

the

Constitution and pertinent laws;

(13) Advise the President on all matters involving

personnel management in the government service and

submit

to

the

President

an

annual

report

on

the

personnel programs;

(14) Take appropriate action on all appointments and

other personnel matters in the Civil Service including

extension of Service beyond retirement age;

(15) Inspect and audit the personnel actions and

programs of the departments, agencies, bureaus, offices,

local government units and other instrumentalities of the

government including government-owned or controlled

corporations; conduct periodic review of the decisions

and actions of offices or officials to whom authority has

been

delegated

by the Commission as well as the

conduct of the officials and the employees in these

offices

and

apply

appropriate

sanctions

whenever

necessary;

(16) Delegate authority for the performance of any

function to departments, agencies and offices where

such function may be effectively performed;

(17)

Administer

the

retirement

program

for

government

officials

and

employees,

and

accredit

government

services

and

evaluate

qualifications

for

retirement;

(18) Keep and maintain personnel records of all officials

and employees in the Civil Service; and

(19) Perform all functions properly belonging to a

central personnel agency and such other functions as

may be provided by law.

SECTION

13.

Duties

and

Responsibilities

of

the

Chairman . — Subject to policies and rules adopted by the

Commission, the Chairman shall:

(1) Direct all operations of the Commission;

(2) Establish procedures for the effective operations of

the Commission;

(3) Transmit to the President rules and regulations, and

other guidelines adopted by the Chairman which require

Presidential attention including annual and other

periodic reports;

(4) Issue appointments to, and enforce decisions on

administrative discipline involving officials and

employees of the Commission;

© Compiled by RGL

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