Civil Service Decree of the Philippines [PD 807]

PRESIDENTIAL DECREE NO. 807

PROVIDING FOR THE ORGANIZATION OF THE CIVIL SERVICE COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION, PRESCRIBING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES.

Whereas, the Constitution provides for organization of a Civil Service Commission which shall establish a career service and adopt measures to promote morale, efficiency and integrity in the government service;

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 a 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 1. 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 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 decentralized, 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:

a. “Agency” means any bureau, office, commission, administration, board, committee, institute, corporation, 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.

b. “Appointing officer” is the person or body authorized by law to make appointments in the Philippine Civil Service.

c. “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.

d. “Commission” refers to the Civil Service Commission.

e. “Chairman” refers to the Chairman of the Commission

f. “Commissioner” refers to either of the two other members of the Commission.

g. “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.

h. “Eligible” refers to a person who obtains a passing grade in a civil service eligibility and whose name is entered in the register of eligibles.

i. “Examination” refers to a civil 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 Decree, or those that may have been delegated by law.

j. “Form” refers to those prescribed by the Civil Service Commission.

Article IV. Scope of the Civil Service

Section 4. Position 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 Services 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 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 career service; and

7. Permanent laborers, whether skilled, semi-skilled, or unskilled.

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:

1. Elective officials and their personal or confidential staff;

2. Department Heads and other officials of Cabinet rank who hold 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 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.

Sec. 7. Classes of Positions in the Career Service. – (a) Classes of positions in the career service appointment to which requires examinations s
hall be grouped into three major levels as follows:

1. The first level shall include clerical, trades, crafts, and custodial service positions which involve non-professional or subprofessional work in a nonsupervisory or supervisory capacity requiring less than four years of collegiate studies;

2. The second level shall include professional, technical, and scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief level; and

3. The third level shall cover positions in the Career Executive Service.

(b) 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.

Civil Service Decree of the Philippines [PD 807] was last modified: July 14th, 2008 by philippinelawcentral





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