June 1995

Preface

The Omnibus Rules Implementing Book V of Executive Order 292 presents in a comprehensive, consolidated and updated form all operating procedures in the bureaucracy's personnel management and administration systems. Previously, these were scattered in various executive orders and administrative issuances from several offices within the government structure.

With the standard operating procedures updated and consolidated between two covers a big step has been made towards attaining our ultimate goal: a smoothly functioning; well-motivated and competent public service.

Pursuant to the provision of Section 12 (2), Chapter 3, Book V of Executive Order No. 292, otherwise known as the "Administrative Code of 1987", made effective on November 23, 1989, and Resolution No. 91-1631 dated December 27, 1991 the following Rules are hereby adopted and prescribed in order to carry out the provisions of said Code and other pertinent civil service laws.

RULE I Coverage and Definition of Terms

SECTION 1. Except as otherwise provided, these Rules shall apply to all officers and employees both in the career and non-career service.

SECTION 2. The terms hereunder shall be construed as follows:

(a) Agency means any bureau, office, commission, administration, board, committee, institute, corporation with original charter, or any other unit of the national government as well as provincial, city or municipal government.

(b) Appointing officer is the person or body authorized by law to make appointments in the civil service.

(c) Career service is composed of positions appointment to which prior qualification in an appropriate examination is required.

(d) 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.

(e) Chairman refers to the Chairman of the Civil Service Commission.

(f) Code refers to Executive Order No. 292.

(g) Commission refers to the Civil Service Commission.

(h) Commissioner refers to either of the two other members of the Commission.

(i) Department includes any of the executive departments or entities having the category of a department including the judiciary and the other constitutional commissions and bodies.

(j) Eligible refers to a person who obtains a passing grade in a civil service examination given by the Commission or with its assistance or coordination or is conferred any civil service eligibility and whose name is entered in the register of eligibles.

(k) Examination refers to a civil service examination conducted by the Commission or its offices or by other departments or agencies with the assistance of or in coordination with the Commission, and those it may delegate to departments and agencies or those that may have been delegated by law.

(l) Form refers to those prescribed by the Commission.

(m) Non-career service is composed of positions expressly declared by law to be in the non-career service; or those whose entrance in the service is 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 from which purpose employment was made.

(n) Officers and employees include all officials and employees in the civil service.

(o) Position refers to a set of duties and responsibilities assigned by competent authority to be performed by an individual on either full time or part-time basis.

(p) The following terms used in Rule XVI shall be construed as follows:

1. Leave of absence is generally defined as a right granted to officials and employees not to report for work with or without pay as may be provided by law and as the rules prescribe in Rule XVI hereof.

2. Commutation of leave credits refers to conversion of unused leave credits to their corresponding money value.

3. Cumulation of leave credits refers to incremental acquisition of unused leave credits by an official or employee.

4. Immediate family refers to the spouse, children, parents, unmarried brothers and sisters and any relative living under the same roof and dependent upon the employee for support.

5. Sick leave refers to leave of absence granted only on account of sickness or disability on the part of the employee concerned or any member of his immediate family.

6. Vacation leave refers to leave of absence granted to officials and employees for personal reasons, the approval of which is contingent upon the necessities of the service.

7. Monetization refers to payment in advance under prescribed limits and subject to specified terms and conditions of the money value of leave credits of an employee upon his request without actually going on leave.

8. Pregnancy refers to the period between conception and delivery or birth of a child. For purposes of maternity leave, miscarriage is within the period of pregnancy.

9. Maternity leave refers to leave of absence granted to female government employees legally entitled thereto in addition to vacation and sick leave. The primary intent or purpose of granting maternity leave is to extend working mothers some measures of financial help and to provide her a period of rest and recuperation in connection with her pregnancy.

10. Paternity leave refers to the privilege granted to a married male employee allowing him not to report for work for seven (7) days while continuing to earn the compensation therefor, on the condition that his legitimate spouse has delivered a child or suffered a miscarriage, for purposes of enabling him to effectively lend care and support to his wife before, during and after childbirth as the case may be and assist in caring for his new-born child.

11. Vacation Service Credits refers to the leave credits earned by public school teachers for services rendered during activities authorized by proper authorities during long and Christmas vacation. These credits are used to offset their absences due to illness or to offset proportional deduction in vacation salary due to absences for personal reasons or late appointment.

12. Terminal leave refers to money value of the total accumulated leave credits of an employee based on the highest salary rate received prior to or upon retirement date/voluntary separation.

13. Special leave privileges refers to leave of absence which officials and employees may avail of for a maximum of three (3) days annually over and above the vacation, sick, maternity and paternity leaves to mark personal milestones and/or attend to filial and domestic responsibilities.

14. Relocation leave refers to a special leave privilege granted to an official/employee whenever he/she transfers residence.

||| (Amendments to Rules I and XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 (Executive Order 292), CSC Memorandum Circular No. 41-98, [December 24, 1998])

RULE II Recruitment and Examination

SECTION 1. Opportunity for government employment in the career service shall be open to qualified Filipino 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 position.

SECTION 2. 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 sub-professional 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.

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.

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. Moreover, the head of office is not precluded from prescribing any internal screening procedure for purposes of promotion.

For the purpose of these Rules, a Division Chief shall refer to the incumbent of a position in the second level of the career civil service, who has the responsibility for overseeing the work of an organizational unit charged with a major and specialized activity.

SECTION 3. Admission to any examination for entrance into the career service shall be limited to citizens of the Philippines who are at least 18 years of age at the time of application: Provided, That the Commission may, in the interest of the service and considering other relevant factors and circumstances, fix a different age limit for admission to a particular examination.

SECTION 4. All applicants for examination shall furnish full information as to their citizenship, age, education, physical qualification, and such other information as may be reasonably relevant to their fitness in the service. A thorough medico-physical examination and character investigation may, in the discretion of the Commission, be required of applicants.

SECTION 5. Properly accomplished application forms shall be filed with the Commission's Regional/Provincial Field Office or any Local Examination Center in the place where the applicant desires to take the examination within the period specified in the examination announcement: Provided, That receipt of applications for a particular examination may be closed anytime as soon as a sufficient number has been received, with due consideration for the needs of the service.

SECTION 6. The Commission shall disapprove application of an applicant who:

(a) lacks any of the minimum qualifications for that particular examination;

(b) has been found guilty of crime involving moral turpitude, or of infamous, disgraceful or immoral conduct, dishonesty, drunkenness or addiction to drugs;

(c) has been previously found guilty of offenses relative to or in connection with the conduct of a civil service examination; or

(d) has been dismissed from the service for cause;

Provided that when an applicant for examination is found to have intentionally made any false statement of any material fact in his application, or practices or attempts to practice or employs any deception or fraud in connection with his examination, the Commission shall invalidate such examination and such offense shall be ground for his removal from the service; Provided, further, That if the applicant is not in the service, he shall be barred from taking any civil service examination and entry in government service for a period to be determined by the Commission: Provided, finally, That the Commission may, in its discretion, cause the filing of appropriate criminal charges pursuant to Section 67 of the Code.

SECTION 7. Except as herein provided, no person shall be appointed to, or employed in the career service unless he shall have passed the appropriate examination for such position. As far as practicable, career entrance examination shall be required to test the capacity and fitness of applicants for positions in the career service.

SECTION 8. Examination may be assembled or unassembled and tests may be written, oral, physical, performance or testimonial, or a combination of these types. Such examinations may take into consideration experience, education, aptitude, capacity, knowledge, character, physical fitness and other factors which, in the judgment of the Commission, determine the relative fitness of applicants.

SECTION 9. Subject to approval by the proper head of a 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 persons 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. Members of the 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.

SECTION 10. All officers of the Civil Service shall facilitate the holding of civil service examinations. Those in custody of public buildings at places where such examinations are held shall, for this purpose, permit and arrange the use of suitable rooms under their charge and the furnishing and lighting of the same when necessary.

SECTION 11. 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.

SECTION 12. Appeals in connection with examinations shall be as follows:

(a) Appeal from the disapproval of an application after an applicant has been provisionally admitted to an examination shall be filed in writing by the applicant with the Commission within ten days from the date of receipt by him of the notice of such disapproval. Thereafter, no appeal shall be entertained.

(b) When an applicant is required to submit certain papers or to comply with other requirements in connection with his application for examination, he shall submit such papers or comply with such requirements on or before the date of the examination. Failure of the applicant to comply as provided herein shall disqualify him from taking the examination.

(c) Appeal from the rating obtained or request for a rechecking of an objective type of examination shall be filed in writing by the examinee within a period of 120 days from the date of release of the examination concerned, and after payment of the amount prescribed by the Commission. Thereafter, no appeal or request for rechecking shall be entertained.

RULE III Ratings and Eligibilities

SECTION 1. Examination papers shall be rated according to their excellence on a scale of 0% to 100% and the subjects of each examination shall be given such relative weights as the Commission may prescribe. The passing grade in written examinations, except for examinations covered by special laws, shall be at least 80%.

SECTION 2. Subject to the provisions of these Rules, every examinee who obtains a general rating of 80% or over shall be eligible for appointment to those positions for which the examination was given.

SECTION 3. Eligibility resulting from civil service examinations which require less than four years of college studies shall be appropriate for appointment to positions in the first level, and that from examinations which require at least four years of college studies shall be appropriate for positions in the second level.

SECTION 4. Pursuant to Executive Order No. 132, s. 1948, of the Office of the President, five points shall be added to the ratings earned by a veteran in a civil service examination which shall be credited to him for entrance to and promotion in the service. For purposes of this Rule, a "veteran" shall include any person who has served in the military service of the Armed Forces of the Philippines, in the regularly constituted armed forces of World War II or in the non-regularly organized unit in the Philippines during World War II and whose services are duly recognized by the Government.

Ten points shall be added to the earned rating of the following examinees: (a) a veteran who establishes by official records the existence of a service-connected disability; (b) a widow of a veteran; and (c) a wife of a veteran who himself cannot qualify for appointment in the civil service due to a service-connected disability.

Further, pursuant to EO 790, s. 1982 likewise of the Office of the President, any one child of a veteran in cases where the veteran himself or his wife failed to avail himself of the preference rating due to disqualification for appointment or disability, may also avail of an added ten points to his earned rating.

The preference rating in an examination shall be granted by the Commission at any time upon the request of the applicant and upon submission of the documents required by the Commission even if not declared in his application. This preference rating, however, shall not apply to the Professional Board Examination for Teachers (PBET).

SECTION 5. The results of any particular civil service examination held in a number of places on the same date shall be released simultaneously. The names of examinees who obtained the required passing grades in an examination shall be entered in a register of eligibles.

SECTION 6. The names of those who pass the bar or board examinations shall be automatically entered in the corresponding register of eligibles under Republic Act No. 1080 without need for issuance of certificates. For this purpose, the Supreme Court and the Professional Regulations Commission shall furnish the Commission with the official lists of successful candidates in each examination.

SECTION 7. Eligibility shall also be granted automatically to honor graduates, subject to the provisions of Presidential Decree No. 907, as amended.

SECTION 8. Eligibility resulting from civil service, bar, and board examinations shall be effective on the date of the release of the results of the examinations. These eligibilities shall not prescribe.

RULE IV Qualification Standards

SECTION 1. To insure that a person appointed in the career service can satisfactorily perform the duties and assume the responsibilities of the position to which he is being appointed, his fitness shall be initially determined by the appointing officer on the basis of the qualification standards established for the position.

For this purpose, qualification standards shall be established for all positions in the first and second levels.

SECTION 2. A qualification standard is a statement of the minimum qualifications for a position which shall include education, experience, training, civil service eligibility, and physical characteristics and personality traits required by the job.

SECTION 3. Qualification standards shall be used as basis for civil service examinations, as guides in appointments and other personnel actions, in the adjudication of protested appointments, in determining training needs, and as aids in the evaluation of the personnel work programs of an agency.

SECTION 4. The Commission shall adopt qualification standards for service-wide positions in the first and second levels and shall review and update, whenever necessary, those already established. Each department or agency shall establish qualification standards for positions unique to the department or agency concerned and shall submit the same to the Commission for approval. These qualification standards shall be effective 30 days from approval by the Commission. All employees of the department or agency shall be properly notified of this approval, notices of which shall be posted on the bulletin board of the department or agency concerned.

SECTION 5. Whenever necessary, the Commission shall provide technical assistance to departments and agencies in the development of their qualification standards.

SECTION 6. Until December 31, 1992, substitution of deficiencies in education, training or experience may be allowed interchangeably with one another, except for positions covered by special laws where minimum qualifications are prescribed. After December 31, 1992, no such substitution shall be allowed.

SECTION 7. It shall be the responsibility of the departments and agencies to establish, administer and maintain the qualification standards on a continuing basis as an incentive to career advancement.

RULE V Appointment

SECTION 1. 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.

As used in these Rules, any action denoting movement or progress of personnel in the civil service shall be known as personnel action. Such action shall include promotion, transfer, reinstatement, reemployment, detail, secondment, reassignment, demotion and separation. All original appointments and personnel actions shall be in accordance with these Rules and with other regulations and standards that may be promulgated by the Commission.

SECTION 2. In the selection of personnel for his department or agency, the appointing authority shall be guided by the Civil Service Law and Rules.

SECTION 3. When two or more applicants meet the minimum requirements for the position, objective criteria must be set to determine who is the most fit and meritorious among all the applicants to ensure that the exercise of management discretion is not abused.

SECTION 4. Except as otherwise provided herein, a person who meets all the requirements of the position including the appropriate civil service eligibility shall be appointed to a position in the first and second levels. However, when the immediate filling of a vacancy becomes necessary, taking into account the public interest, and a person with an appropriate civil service eligibility is not actually and immediately available, a person without the appropriate civil service eligibility but who meets the other requirements of the position may be appointed. His appointment shall be temporary for a period of not more than 12 months and he may be replaced at any time with one who has an appropriate civil service eligibility.

SECTION 5. * Each appointment shall be prepared in the prescribed form and duly signed by the appointing authority.

Each appointment shall be accompanied by the following:

(1) Personal Data Sheet (CS Form 212);

(2) Job Description Form (CS Form 122-D):

(3) Certification by the appointing authority or his duly authorized representative in the agency concerned to the effect that all requirements have been complied with, reviewed by him and found to be in order;

(4) Certified true copy of the decision in the administrative or criminal case or any official record thereof of the appointee, if any;

(5) Clearance *

a. For original appointment NBI Clearance

b. For reinstatement/reemployment

(1) NBI clearance

(2) Clearance from previous/former office or agency

c. Renewal of temporary, casual or contractual

None required

SECTION 6. The submission of Personal Data Sheet (CS Form 212) and Position Description Form (CS Form 122-D) as supporting documents for every renewal of appointment of casual/emergency employee/laborer is dispensed with. However, said personnel may submit another Personal Data Sheet if there is any new material fact or vital information concerning his qualifications.

SECTION 7. The Commission shall disapprove the appointment of a person who:

(a) does not meet the qualifications for the position; or

(b) has been found guilty of a crime involving moral turpitude, or of infamous, disgraceful conduct or addiction to narcotics, or dishonesty; or

(c) has been dismissed from the service for cause, unless an executive clemency has been granted; or

(d) has intentionally made a false statement of any material fact or has practiced or attempted to practice any deception or fraud in connection with his appointment; or

(e) has been issued such appointment in violation of existing Civil Service Law, rules and regulations.

SECTION 8. A vacancy in the career service may be filled by promotion, transfer of present employees in the government service, reinstatement, reemployment, or by certification of appropriate civil service eligible.

SECTION 9. An appointment accepted by the appointee cannot be withdrawn or revoked by the appointing authority and shall remain in force and effect until disapproved by the Commission. However, an appointment may be void from the beginning due to fraud on the part of the appointee or because it was issued in violation of law.

SECTION 10. * An Appointment issued in accordance with pertinent laws and rules shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitled to receive his salary at once without awaiting the approval of his appointment by the Commission. The appointment shall remain effective until disapproved by the Commission. In no case shall an appointment take effect earlier than the date of its issuance.

SECTION 11. An appointment not submitted to the Commission within 30 days from the date of issuance which shall be the date appearing on the face of the appointment, shall be ineffective. The appointing authority shall be liable for the salaries of the appointee whose appointment became ineffective. The appointing authority shall likewise be liable for the payment of the salary of the appointee if the appointment is disapproved because the appointing authority has issued it in violation of existing laws or rules, making the appointment unlawful.

SECTION 12. No new appointment shall be required for an adjustment in salary as a result of increase in pay level which does not involve a change in duties and responsibilities. However, a copy of the notice of salary adjustment shall be submitted to the Commission for record purposes.

SECTION 13. Appointment in the career service shall be permanent or temporary.

a. Permanent Status. A permanent appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed/promoted, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof.

An appointment issued by the appointing authority under a temporary status to a person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility, shall be disapproved by the Commission for violation of Section 27 (1), Book V of Executive Order No. 292 except when it pertains to certain occupational groups for which prior clearance has been obtained from the Commission.

b. Temporary Status. In the absence of appropriate eligibles in the area willing and able to assume the position, as certified by the CSRO Regional Director concerned, and it becomes necessary in the public interest to fill a vacancy, a temporary appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility: Provided, That such temporary appointment shall not exceed twelve months, but the appointee may be replaced sooner if a qualified civil service eligible becomes available.

The Commission however, recognizes special cases of appointments in the career service such as in the field of medicine and education where the requirements for permanency is based not only on eligibility. These cases shall be governed by Memorandum Circulars which the Commission may promulgate from time to time.

SECTION 14. An appointment may also be coterminous which shall be issued to a person whose entrance and continuity in the service is based on the trust and confidence of the appointing authority or that which is subject to his pleasure, or co-existent with his tenure, or limited by the duration of project or subject to the availability of funds.

The coterminous status may be further classified into the following:

(1) coterminous with the project — when the appointment is co-existent with the duration of a particular project for which purpose employment was made or subject to the availability of funds for the same;

(2) coterminous with the appointing authority — when appointment is co-existent with the tenure of the appointing authority or at his pleasure;

(3) coterminous with the incumbent — when the appointment is co-existent with the appointee, in that after the resignation, separation or termination of the services of the incumbent the position shall be deemed automatically abolished; and

(4) coterminous with a specific period — appointment is for a specific period and upon expiration thereof, the position is deemed abolished.

For purposes of coverage or membership with the GSIS, or their right to security of tenure, coterminous appointees, except those who are coterminous with the appointing authority, shall be considered permanent.

SECTION 15. In the case of teachers, the Commission recognizes the provisional and substitute status of appointment as provided for and defined under the Magna Carta for Public School Teachers (RA 4670).

SECTION 16. The Civil Service Commission shall publish a complete list of all existing vacant positions in the government throughout the country at least once every quarter including the qualification standards required for each position.

SECTION 17. All vacant positions in the agency authorized to be filled shall be posted in at least three conspicuous places of the respective offices.

SECTION 18. The appointing authority shall not fill, and the Commission shall not act on any appointment unless the same has been posted by the agency concerned and published by the Commission.

SECTION 19. All appointments issued by the appointing authority shall be posted in the agency concerned for a period of at least one week.

RULE VI Promotion

SECTION 1. Promotion is the advancement of an employee from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary.

Promotion may be from one department or agency to another or from one organizational unit to another in the same department or agency.

SECTION 2. Whenever a position in the first level becomes vacant, the employees in the department or agency who occupy positions deemed to be next-in-rank to the vacancy, shall be considered for promotion. In the second level, those employees in the government service who occupy next-in-rank positions shall be considered for promotion to the vacancy.

SECTION 3. A next-in-rank position refers to a position which, by reason of the hierarchical arrangement of positions in the department or agency or in the government, is determined to be in the nearest degree of relationship to a higher position as contained in the agency's System of Ranking Positions.

SECTION 4. An employee who holds a next-in-rank position who is deemed the most competent and qualified, possesses an appropriate civil service eligibility, and meets the other conditions for promotion may be promoted to the higher position when it becomes vacant.

However, the appointing authority may promote an employee who is not next-in-rank but, who possesses superior qualifications and competence compared to a next-in-rank employee who merely meets the minimum requirements for the position.

SECTION 5. The comparative degree of competence and qualification of employees shall be determined by the extent to which they meet the following requirements at the time of the appointment:

(a) Performance — this shall be based on last performance rating of the employee. However, no employee shall be considered for promotion unless his last performance rating is at least very satisfactory.

(b) Education and Training — these shall include educational background and successful completion of training courses, scholarships, training grants and others. Such education and training must be relevant to the duties of the position to be filled.

(c) Experience and Outstanding Accomplishments — these shall include occupational history, work experience and accomplishments worthy of special commendation.

(d) Physical Characteristics and Personality Traits — these refer to the physical fitness, attitudes and personality traits of the individual which must have a bearing on the position to be filled.

(e) Potential — this takes into account the employee's capability not only to perform the duties and assume the responsibilities of the position to be filled but also those of higher and more responsible positions.

SECTION 6. The appointing authority may promote an employee who far exceeds the requirements of the position compared to one who merely meets the minimum requirements of the position.

SECTION 7. In cases where the qualifications of employees are comparatively at par, preference may be given to the employee in the organizational unit where the vacant position is or in the department or agency where the vacancy is, in the case of second level positions.

SECTION 8. No other civil service eligibility shall be required for promotion to a higher position in the same level and within the same or functionally related grouping of positions. Agencies shall not be precluded from prescribing their own internal standards for purposes of promotion.

SECTION 9. To ensure objectivity in promotion, a Selection/Promotion Board shall be established in every department or agency which shall be responsible for the adoption of a formal screening procedure and formulation of criteria for the evaluation of candidates for promotion.

Reasonable and valid standards and methods of evaluating the competence and qualifications of all employees competing for a particular position shall be established and applied fairly and consistently. The criteria established for evaluation of qualification of candidates for promotion must suit the job requirements of the position.

The Selection/Promotion Board shall then evaluate the qualifications of an employee being considered for promotion in accordance with the department or agency Merit Promotion Plan.

The Selection/Promotion Board shall likewise determine en banc the list of employees recommended for promotion from which the appointing authority may choose the employee to be promoted. In preparing the list, the Board shall see to it that the qualifications of employees recommended for promotion are comparatively at par and that they are the best qualified from among the candidates.

As soon as the promotional appointment is issued, a notice announcing the promotion shall be posted by the head of the Personnel Division/department/office on the bulletin board of the department, agency or regional offices concerned.

The Selection/Promotion Board shall maintain records of deliberations which shall be available for inspection by the Commission or its duly authorized representatives.

SECTION 10. In filling supervisory positions the Selection/Promotion Board shall develop criteria for managership and leadership which shall constitute one of the instruments for selection of candidates for promotion.

SECTION 11. Each department or agency shall establish a qualification index of all employees. For this purpose, individual personnel folders shall be kept and made available to the Selection/Promotion Board and shall be open at all times for the inspection of the Commission. These folders shall give the following information about the employee's record of performance, occupational history, educational attainment, special studies and training, civil service eligibilities and other relevant data.

SECTION 12. Each department or agency shall have a Merit Promotion Plan including a System of Ranking Positions. Newly organized and/or reorganized departments or agencies shall develop a Merit Promotion Plan which shall be submitted to the Commission for approval within a year from its organization or reorganization. All Merit Promotion Plans shall be continually updated and any changes or amendments shall take effect six months from date of approval by the Commission. All employees shall be informed by the department or agency of the Merit Promotion Plan and System of Ranking Positions and amendments thereto, as approved.

The Commission shall provide technical assistance to the departments and agencies in the preparation of Merit Promotion Plans and System of Ranking Positions and shall monitor their implementation.

SECTION 13. All appointments involved in a chain of promotions must be submitted simultaneously for approval by the Commission. The disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in lower positions and automatically restores them to their former positions. However, the affected persons are entitled to the payment of salaries for services actually rendered at a rate fixed in their promotional appointments.

SECTION 14. When an employee has a pending administrative case, he shall be disqualified for promotion during the pendency thereof.

If he is found guilty, he shall be disqualified for promotion for a period based on the penalty imposed as prescribed by the Commission.

For purposes of this Rule, a pending administrative case shall be construed as follows: (1) when the disciplining authority has already filed a formal charge; or (2) in case of a complaint filed by a private person, a prima facie case is already found to exist by the disciplining authority.

SECTION 15. Within 15 days from notice of the issuance of an appointment, a next-in-rank employee who is competent and qualified and who feels aggrieved by the promotion of another may file a protest with the department or agency head who shall make a decision within 30 days from receipt of the protest.

The employee who is not satisfied with the decision of the department or agency head may further appeal within 15 days from receipt thereof to the Merit Systems Protection Board. The Board shall render a decision within 60 days from the time the protest case is submitted for decision. The decision of the Board is final except those involving division chiefs or officials of higher ranks, which may be appealed to the Commission. Those involving positions below division chief may be subject of review by the Commission.

SECTION 16. An employee who is still not satisfied with the decision of the Board may appeal to the Commission within 15 days from receipt of the decision.

The decision of the Commission is final and executory if no petition for reconsideration is filed within 15 days from receipt thereof.

SECTION 17. In all instances only one petition for reconsideration shall be entertained. The petitioner shall point out errors in the original decision or he shall present new evidences.

SECTION 18. Failure to file a protest, appeal, petition for reconsideration or petition for review within the prescribed period shall be deemed a waiver of such right and shall render the subject action/decision final and executory.

SECTION 19. An appointment though contested shall take effect immediately upon its issuance if the appointee assumes the duties of the position and the appointee is entitled to receive the salary attached to the position. However, the appointment, together with the decision of the department head shall be submitted to the Commission for appropriate action within 30 days from the date of its issuance otherwise the appointment becomes ineffective thereafter. Likewise, such an appointment shall become ineffective in case the protest is finally resolved against the protestee, in which case he shall be reverted to his former position.

SECTION 20. Notwithstanding the initial approval of an appointment, the same may be recalled on any of the following grounds:

(a) non-compliance with the procedures/criteria provided in the agency's Merit Promotion Plan;

(b) failure to pass through the agency's Selection/Promotion Board;

(c) violation of the existing collective agreement between management and employees relative to promotion; or

(d) violation of other existing civil service law, rules and regulations.

RULE VII Other Personnel Actions

SECTION 1. The following constitute personnel actions: original appointment, appointment through certification, promotion, transfer, reinstatement, reemployment, detail, secondment, demotion and separation.

SECTION 2. Original appointment refers to initial entry into the career service under a permanent status of a person who meets all the requirements of the position including the civil service eligibility.

(a) All such persons must serve a probationary period of six months following their original appointment and shall undergo a thorough character investigation. A probationer may be dropped from the service for unsatisfactory conduct or want of capacity any time before the expiration of the probationary period: Provided, That such action is appealable to the Commission.

(b) All original appointments of qualified persons to positions in the career service shall henceforth be proposed as permanent. It is understood that the first six months of service will be probationary in nature. However, if no notice of termination or unsatisfactory conduct or want of capacity is given by the appointing authority to the employee before the expiration of the six-month probationary period, the appointment automatically becomes permanent.

SECTION 3. An appointment through certification to a position in the civil service, except as herein otherwise provided, shall be issued to a person who has been selected from a list of qualified persons certified by the Commission from an appropriate register of eligibles, and who meets all the other requirements of the position.

SECTION 4. Promotions shall be governed by Rule VI hereof.

SECTION 5. A transfer is a movement from one position to another which is of equivalent rank, level or salary without break in service involving the issuance of an appointment.

The transfer may be from one department or agency to another or from one organizational unit to another in the same department or agency: Provided, however, That any movement from the non-career service to the career service shall not be considered a transfer.

Transfer shall not be considered disciplinary when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefor. If the employee believes that there is no justification for the transfer, he may appeal his case to the Commission.

Heads of oversight agencies and their staff are prohibited from transferring or being appointed to any position in the department/agency/office/local government unit which his unit is assigned or designated to oversee within one year after the termination of such assignment/designation.

The prohibition contemplates only transfer of officials of those offices/units who are in a position to exert pressure or influence on the new or accepting agency but not to cover those occupying clerical and skilled positions such as clerks and drivers.

An employee who seeks appointment by transfer or promotion to another office shall first secure permission from the head of the department or agency where he is employed.

The permission to seek transfer to another office shall be valid for 30 days from the date it was granted but it may be renewed for another thirty 30 days upon request of the employee.

A head of department or agency shall not propose or make an appointment for the transfer or promotion of an employee to his department or agency until the written consent of the head of department or agency where the employee is employed has been obtained.

SECTION 6. Reinstatement is the reappointment of a person who has been previously appointed to a position in the career service and who has, through no delinquency or misconduct, been separated therefrom or the restoration of one who has been exonerated of the administrative charges filed against him.

SECTION 7. Reemployment is the reappointment of a person who has been previously appointed to a position in the career service but who has been separated as a result of reduction in force, reorganization and/or voluntary resignation.

No elective official shall be eligible for appointment to any office or position during his tenure of office. A person who lost in an election shall not be eligible for appointment or reappointment to any office in the government or government-owned or controlled corporation within one year following such election.

A person who resigned from the civil service during the three-month period before any election, whether national or local, to promote the candidacy of another, shall not be eligible for reappointment during the six-month period following such election.

SECTION 8. A detail is the movement of an employee from one department or agency to another which is temporary in nature, which does not involve a reduction in rank, status or salary and does not require the issuance of another appointment.

The employee detailed receives his salary only from his mother unit/agency.

Detail shall be allowed only for a limited period in the case of employees occupying professional, technical and scientific position. If the employee believes that there is no justification for the detail, he may appeal his case to the Commission. Pending the appeal, the decision to detail the employee shall be executory unless otherwise ordered by the Commission.

SECTION 9. Secondment is a movement of an employee from one department or agency to another which is temporary in nature and which may or may not require the issuance of an appointment but may either involve reduction or increase in compensation.

Secondment shall be governed by the following general guidelines:

(a) Secondment for a period exceeding one year shall be subject to approval by the Commission.

(b) Secondment to international bodies/organizations recognized by the Philippine government may be allowed.

(c) Secondment shall always be covered by a written agreement between the mother agency and the receiving agency and concurred in by the employee seconded. Such agreement shall be submitted to the Commission for records purposes.

(d) Payment of salaries of seconded employee shall be borne by the receiving agency. In case of a higher compensation covered by a duly issued appointment within the Philippine government, the same may be used for the purpose of computing his retirement benefits but not for the purpose of commutation of leave credits earned in the mother agency. In case of a lower compensation, the mother agency shall pay the difference. This rule does not apply in cases of secondment to international agencies.

(e) The seconded employee shall be on leave without pay in his mother agency for the duration of his secondment, and during such period, he may earn leave credits which are commutable immediately thereafter at and payable by the receiving agency.

SECTION 10. A reassignment is the movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment.

SECTION 11. A demotion is the movement from one position to another involving the issuance of an appointment with diminution in duties, responsibilities, status or rank which may or may not involve reduction in salary.

SECTION 12. Separation is a voluntary or involuntary termination of employment.

SECTION 13. * Appeals in connection with personnel actions shall be governed by the following:

(a) A decision, ruling, order or action of any department or agency, the Merit Systems Protection Board, or CS Regional/Provincial/Field Office (CSRO/PO/FO), may be appealed within 15 days from receipt of such decision, ruling, order and in the following manner:

(1) Decision of CSPO is appealable to CSRO

(2) Decision of CSFO is appealable to CSRO

(3) Decision of department/agency is appealable to MSPB

(4) Decision of CSRO is appealable to CSC

(5) Decision of MSPB is appealable to CSC

(b) The appellant shall furnish a copy of his appeal to the MSPB or the body which decision is being appealed.

(c) The appeal is deemed filed in case the same is sent by registered mail, on the date shown by the postmark or the envelope which shall be attached to the record of the case, and in case of personal delivery, on the date stamped by the Civil Service Commission.

(d) An appeal even seasonably filed shall not stay the action, order, decision or ruling of the MSPB or CSC Regional/Provincial/Field Office, as the case may be, on appeal except otherwise ordered by the CSC.

When the appeal cannot be judiciously decided on the bases of available records, the Commission may require the head of the Department or agency concerned, or any party to comment on the appeal.

(e) An appeal shall be dismissed outright on any of the following grounds:

(1) The appellant is not a party directly affected or adversely affected by the decision, order, ruling or action of MSPB or CSRO/PO/FO;

(2) The appeal does not conform with the required form such as when it is a mere telegram or radio message;

(3) The appeal is filed beyond the reglementary period;

(4) No appeal fee is paid.

The CSC shall decide the merits of the appeal within 60 days from receipt of the appeal and the complete records of the case.

RULE VIII Career and Personnel Development

SECTION 1. Every official and employee of the government is an asset or resource to be valued, developed and utilized in the delivery of basic services to the public. Hence, the development and retention of a highly competent and professional workforce in the public service shall be the main concern of every department or agency.

Every department or agency shall therefore establish a continuing program for career and personnel development for all agency personnel at all levels, and shall create an environment or work climate conducive to the development of personnel skills, talents and values for better public service.

SECTION 2. Each department or agency shall prepare a career and personnel development plan which shall be integrated into a national plan by the Commission which shall serve as the basis for all career and personnel development activities in the government. The Career and Personnel Development Plan shall include provisions on merit promotions, performance evaluation; in-service training; overseas and local scholarships and training grants; suggestions, incentive award systems, provisions for welfare, counseling, recreation and similar services; and other human resource development interventions such as on the job training, counseling, coaching, job rotation, secondment, job swapping and others.

SECTION 3. The Integrated Human Resource Planning and Development System. — In preparing a Career and Personnel Development Plan, each department or agency shall utilize the Integrated Human Resource Planning and Development System, otherwise known as IHRPDS as a framework to rationalize all human resource management practices and processes in each department or agency or local government unit.

Hence, every department or agency shall install and maintain an Integrated Human Resource Planning and Development System (IHRPDS) and take effort to integrate this system and its elements into a Corporate/Strategic Plan of the agency.

The IHRPDS shall be based on up-to-date personnel data and information system. The Commission shall render technical assistance to departments and agencies in planning and institutionalizing the IHRPDS.

SECTION 4. Each function in the IHRPDS shall be a shared responsibility and accountability among top officials, planning officers, human resource management staff, supervisors and employee representatives in each department or agency.

The head of department or agency shall implement all the programs therein and provide support in accordance with the policies, rules, guidelines and standards promulgated by the Commission.

SECTION 5. The performance appraisal or evaluation system shall be integrated into the IHRPDS as a tool to enable employees to improve performance and assess their professional growth including determining the potentials and development needs of individual employees. Hence, if performance appraisal indicates development needs, the individuals concerned shall undergo training or other appropriate human resource development interventions designed to improve their performance and productivity.

SECTION 6. Each department or agency shall have a human resource development office created or a staff assigned solely for the purpose of attending to the agency's human resource development functions, activities and requirements.

(a) It shall have a training staff which shall be supported by all supervisors in establishing a continuing program for the development of the agency's personnel.

(b) Personnel who by virtue of their positions or designations are assigned as members of the training staff, shall receive technical and consultative assistance from the provincial, field and regional offices of the Civil Service Commission relative to their work and further assistance in continuously upgrading their competencies.

SECTION 7. In establishing a continuing program for the development of personnel, each department or agency or local government unit shall:

(a) Prepare a comprehensive annual training and development plan based on periodic assessment of organizational needs and skills/knowledges inventory of the workforce taking into consideration the various levels and categories of jobs in the agency and the urgency of such skills, knowledge and work attitudes required to deliver effective basic services to the public.

(b) Design, implement and evaluate in-service training and development programs solely or in coordination with the Commission and/or other government agencies and institutions. Such programs shall include the following:

Induction Program — refers to the program for new entrants in government to develop their pride, belonging and commitment to public service.

Orientation Program — refers to activities and courses designed to inform new employees about agency/government programs, thrusts, and operations as well as on their duties and responsibilities as well as benefits.

Reorientation Program — refers to courses designed to introduce new duties and responsibilities, new policies and programs to employees who have been in the service for quite some time.

Professional/Technical/Scientific Program — refers to substantive programs in specific professional/technical/scientific areas for enhancement of skills and knowledge of second level personnel in the career service.

Employee Development Program — refers to courses aimed at maintaining a high level of competence on basic workplace skills among employees in the first level in the career service.

Middle Management Development Program — refers to a set or series of planned human resource interventions and training courses designed to provide division chiefs and other officials of comparable rank with management and administrative skills and to prepare them for greater responsibilities.

Value Development Program — refers to courses which are designed to enhance and harness the public service values of participants to be effective government workers.

Pre-retirement Program — refers to courses which are intended to familiarize would-be retirees on the government retirement plans and benefits as well as available business opportunities or other productive options/pursuits.

Executive Development Program — refers to activities and experiences, and continuing education intended to enhance the managerial skills of government officials or executives who belong to the third level.

(c) Approve the agency's annual human resource development programme and accredit such courses or programs for purposes of personnel actions in accordance with the guidelines set by the Commission.

(d) Provide other human resource development opportunities and activities which shall include training and scholarship grants, both local and foreign. In addition, shall utilize alternative strategies or approaches for improving job performance such as coaching, counseling, job rotation, on-the-job training, and others.

(e) Ensure that each agency personnel shall have undergone at least one planned human resource development intervention during the year.

(f) Stimulate and encourage employee development through individual self-development and life-long learning/education activities.

SECTION 8. Each department or agency shall include a specific budgetary allocation for human resource development purposes. At least three percent of the annual budget shall be set aside for this purpose.

SECTION 9. The Commission shall be responsible for the coordination and integration of a continuing program of personnel development for all government personnel at all levels.

SECTION 10. The Development Academy of the Philippines, the National Manpower and Youth Council, the National Computer Center, the Department of Budget and Management, the Commission on Audit, the Foreign Service Institute, the Statistical Research and Training Center, the University of the Philippines Law Center, the Department of Interior and Local Government and other agencies mandated by their respective charters or enabling act to conduct centralized training shall conduct continuing training programs 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.

SECTION 11. To avoid duplication of effort and overlapping of training functions, the following responsibilities are assigned:

(a) Public and private colleges and universities and similar institutions shall be encouraged to organize and to carry out continuing programs of executive development;

(b) The Commission, Commission on Audit, the Department of Budget and Management, and other central staff agencies shall conduct centralized training and assist in the training program of the departments or agencies along their respective functional areas of specialization;

(c) In coordination with the Commission, the Department of Interior and Local Government shall undertake training programs for all elective officials;

(d) In coordination with the Commission, each department or agency, province or city shall establish, maintain and promote a systematic plan of action for personnel training at all levels in accordance with standards laid down by the Commission.

Whenever it deems necessary, the Commission shall take the initiative in undertaking program for personnel development.

SECTION 12. In accrediting training and development programs for purposes of personnel action, accreditation shall mean giving due recognition and credit to the successful completion of training, development, or education course/program as basis for approval of appointment, except as otherwise provided in Qualification Standards, qualifying for admission to civil service examinations and higher CSC or agency training/development programs.

Accreditation shall not apply to or include training courses which are conducted for purposes of information dissemination such as orientation/reorientation programs or pre-retirement seminars and other courses of similar nature.

SECTION 13. Attendance of government personnel in conventions and conferences may be allowed subject to the guidelines promulgated by the Commission.

SECTION 14. A Personnel Development Committee shall be established in each department and agency, both at the national and local governments, including government-owned and controlled corporations with original charters which shall provide support functions to management in matters pertaining to selection of agency nominees to training, development, and scholarship programs in accordance with existing civil service policies and standards.

SECTION 15. Employees with permanent appointments shall be given preference in the selection and nomination of candidates for training grants both within the country and abroad.

Non-permanent employees may subsequently be allowed to attend local or foreign training programs or scholarship grants provided they fall under any of the following categories:

1. Employees of government agencies, including state colleges and universities and government-owned and controlled corporations, directly involved in the undertaking and implementation of foreign-assisted projects in which the agreement entered into between such government agencies and the foreign entity, includes training/scholarship grants for project staff members under the auspices of the lending or assisting foreign institution;

2. Members of the academic staff of a chartered state college or university whose appointments are non-permanent in nature on account of lack of either masteral or doctoral degrees as embodied in the charter of the state college or university, and whose availment of scholarship/training grant shall satisfy the deficiency thereby qualifying the proposed nominees for permanent appointments upon completion of the training/scholarship grants; or those who lack a specific residency requirement, also as embodied in the charter of the state college or university, whose residency requirements shall have been complied with within three (3) years after availment of the grant;

3. Employees engaged in highly scientific field critical to national development where there are only few educationally qualified personnel as certified by the Department of Science and Technology; and

4. Employees who have been personally invited by a sponsoring entity; or employees who are proposed for nomination by agencies which have been directly invited by a foreign entity to avail of its training/scholarship grants.

SECTION 16. In no case shall female nominees be discriminated against in the availment of local and/or scholarship/training grants or any human resource development opportunity. As such, pregnant women and married women with a child or children irrespective of age shall be considered for nomination/selection in scholarship training grants, both local and foreign.

SECTION 17. In consideration of nominee's acceptance to local or foreign training/scholarship grant whether in the academic or non-academic program including extension, he shall serve his office or any other government office or instrumentality thereof as the exigencies of the service may require for the specified period as may be provided under the training contract.

SECTION 18. Trainees as grantees shall submit to the head of agency a report of his study/training within thirty (30) days for local and foreign training/scholarship grant after his return to duty copy furnished the CSC main office. In addition thereto, they shall also conduct or share vital information and knowledge relative to the course attended with others in order that colleagues can benefit from the course/program.

Scholarship grantees shall submit to the head of office his official transcript of grades at the close of each quarter, term and/or semester.

SECTION 19. Should the grantee fail to fulfill his service requirement due to transfer to a private entity or resignation, he shall pay back his agency the full amount spent for his/her entire training/scholarship grant.

SECTION 20. The department or agency head shall provide opportunity for employees to exchange posts or job stations in agencies geographically closest to their residence through appropriate programs established by the Commission.

Participation in the program shall be in accordance with existing rules and regulations promulgated by the Commission.

SECTION 21. A Job Rotation Program shall be established in every department/agency whenever viable/feasible as a means for developing and enhancing the potentials of people in an organization by exposing them to the other work functions of the agency.

The movement of people under the Job Rotation Program may either be from one office to another within the central office, or from one division to another within the central or regional office, if any, or from central to regional/field/provincial offices and vice versa.

The duration of the job rotation program shall be within the period prescribed by the department/agency head but shall not exceed 12 months.

The Job Rotation Program shall cover employees who have demonstrated professional qualities and leadership or managerial potential in order to enrich or enlarge their repertoire of skills and knowledge.

SECTION 22. A fast track program for deserving employees shall be established in every department or agency to provide easy access to training and career advancement opportunities. It shall support the individual's career plan and the requirements of the organization in addition to identifying managerial candidates for succession programmes, if any.

SECTION 23. To enable employees and officials to contribute meaningfully to organizational performance or productivity, heads of agencies shall encourage legitimate and relevant worker participation in problem-solving and decision making and other activities which will enhance quality of worklife and public service.

SECTION 24. Each worker has the primary responsibility for his personal and professional development. The CSC and his respective department and agency shall assist him to make this possible through creation of a workplace and career service that is personally satisfying as well as productive, innovative and professional.

RULE IX Performance Evaluation

SECTION 1. There shall be established performance evaluation systems in every department or agency of the national and local governments, including state universities and colleges and government-owned and controlled corporations with original charters.

SECTION 2. The Performance Evaluation System or Systems shall be so designed and administered to:

(a) Continuously foster improvement of employee performance and efficiency;

(b) Enhance organizational effectiveness and productivity;

(c) Provide an objective performance rating which shall serve as basis for incentives and rewards, promotion, training and development, personnel actions and administrative sanctions.

SECTION 3. The following minimum requirements shall be observed in the development of the Performance Evaluation System:

(a) It should provide for the identification of the outputs as well as the job-related behaviors of the position/functions and the corresponding performance standards which should be mutually agreed upon between the supervisor and the subordinates.

(b) It should provide mechanisms by which an employee shall be currently advised of his progress in accomplishing his assignments.

(c) Supervisors should be given opportunity by the System to make comments and recommendations regarding employee's strengths and weaknesses which may be instrumental in furthering his career, or identifying constraints that may impede his development.

(d) Performance evaluation shall be done every six months ending on June 30 and December 31 of every year. However, if the organizational needs require a shorter or longer period, the minimum appraisal period shall be at least 90 days or three months. No appraisal period shall be longer than one year.

(e) The system shall provide sanctions against raters who use it to give undue advantage or disadvantage to people they rate.

(f) The following adjectival ratings shall be adopted:

Outstanding — An employee shall be given this rating when he exceeds his target by at least 50%. It represents an extraordinary level of achievement and commitment in terms of quality and time, technical skill and knowledge, ingenuity, creativity and initiative. Employees at this performance level should have demonstrated exceptional job mastery in all major areas of responsibility. His achievement and contributions to the organization are of marked excellence which even his peers recognize through a forced comparison/distribution method established by the agency concerned.

Very Satisfactory — An employee shall be given this rating when he exceeds the expected output/performance by at least 25% but falls short of what is considered an outstanding performance. In addition, his competence and contributions shall be recognized by his peers also through a forced comparison/distribution method based on the criteria established by the agency concerned. Those screened out in the forced comparison/distribution for outstanding performers shall be included in this category.

Only employees with Outstanding and Very Satisfactory performance ratings shall be considered for promotion.

Satisfactory — An employee shall be given this rating when he meets 100% of the standards or ordinary requirements of the duties of the position. Those screened out in the forced comparison/distribution method for Very Satisfactory performers shall be included in this category.

Unsatisfactory — An employee shall be given this rating when his performance is 51% to 99% of the minimum requirements but could stand improvement. It is expected that in the next rating period, the employee, under close supervision, will either improve his performance for which he shall be given at least a satisfactory rating, or if not, he shall get another Unsatisfactory rating. Two (2) successive Unsatisfactory ratings shall be a ground for separation from the service.

Poor — An employee shall be given this rating when he fails to meet performance requirements or meets 50% or below of the minimum requirements and there is no evidence to show that he can improve his performance. A rating of Poor shall be a ground for separation from the service.

g. As much as possible, the Performance Evaluation System shall contain the following parts:

1. Objectives

2. Basic Policies

3. Procedures/Mechanics of the System

4. Mechanics of Rating

SECTION 4. The highest ranking officer in charge of personnel management shall be responsible for the development and administration of the performance evaluation system.

The Personnel Division of the department or agency shall be responsible for the safekeeping of all performance reports and records of its personnel. It shall periodically submit to the Head of Agency the consolidated results of its employee performance evaluation.

SECTION 5. An employee who expresses dissatisfaction with the rating given him may appeal through the duly established Grievance Procedure of the Department or Agency within fifteen days after receipt of his copy of his performance rating. Failure to file an appeal within the prescribed period shall be deemed a waiver of such right.

RULE X Employee Suggestions and Incentive Awards System

SECTION 1. Each department or agency of government, whether national or local, including bureaus and agencies, state colleges and universities; and government-owned and controlled corporations with original charters, shall establish its own Department or Agency Employee Suggestions and Incentives Award System in accordance with these Rules and shall submit the same to the Commission for approval.

SECTION 2. The System is designed to encourage creativity, innovativeness, efficiency, integrity and productivity in the public service by recognizing and rewarding officials and employees, individually or in groups, for their suggestions, inventions, superior accomplishments, and other personal efforts which contribute to the efficiency, economy, or other improvement in government operations, or for other extraordinary acts or services in the public interest.

SECTION 3. The Systems shall apply to all officers and employees in the career or non-career service of the national and local governments, including those in the state universities and colleges, and government-owned or controlled corporations with original charters, whether or not they receive compensation, regardless of amount.

SECTION 4. Under the System, any of the following types of contributions shall be entitled to an award:

(a) Idea type contribution which shall refer to an idea, a suggestion or an invention for improvement to effect economy in operation, to increase production, improve working conditions or service, or otherwise benefit the government.

(b) Performance type contribution which shall refer to:

(1) Performance of an extraordinary act or service in the public interest in connection with, or related to, one's official employment; or

(2) Outstanding community service or heroic acts in the public interest; or

(3) Sustained work performance for a minimum period of one year which is over and above the normal position requirement of the individual or group.

SECTION 5. Awards under the System shall consist of honor awards and incentive awards. The head of department or agency may, however, upon recommendation of the Department or Agency Suggestions and Incentive Award Committee created in accordance with Section 11 hereof, consider an employee for both incentive and honor awards.

SECTION 6. Honor awards shall consist of the following:

(a) * Presidential or "Lingkod Bayan" Awards is conferred to an individual for consistent dedicated performance exemplifying the best in any of the profession or occupation resulting in the successful implementation of an idea or performance which is of significant effect to the public or principally affects the national interest, security and patrimony.

This Lingkod Bayan Award is in the form of gold (gilded) medallion and plaque containing the citation and signature of the President of the Philippines.

(b) * Civil Service Commission or PAGASA Award is conferred to a group of individuals or team who has demonstrated outstanding teamwork and cooperation which resulted in the successful achievement of its goal and greatly improved/facilitated the delivery of public service, effected economy in operation, improved working condition or otherwise benefitted the government.

The Pagasa Award is in the form of gold-gilded medallion and plaque containing the citation and signature of the Chairman of the Civil Service Commission.

(c) The departmental Award or the "Kapwa" Award which shall be given to an individual or group of individuals in recognition of contributions from an idea or performance resulting in direct benefits to a single department or agency in the government. Nominations for this category need not be submitted to the Civil Service Commission for screening and evaluation. The Department or Agency Suggestions and Incentive Awards Committee shall evaluate the nominations for this category and recommend to the head of the department or agency the most qualified awardees.

This award shall consist of a gold (gilded) medallion and a plaque containing the citation and signature of the head of department or agency, or the head of office in the case of offices which are not under a department.

(d) Outstanding Public Official/Employee Award or "Dangal ng Bayan" Award which shall be granted to officials and employee in the government who have demonstrated exemplary service and conduct on the basis of their observance of the eight (8) norms of behavior as provided for under Republic Act No. 6713. Administration of this Award and the procedures of nomination shall be governed by Republic Act No. 6713 and its Implementing Rules.

SECTION 7. The incentive awards shall consist of, though not limited to, the following:

(a) Performance Incentive which shall be given to an employee who has obtained an outstanding or very satisfactory rating based on the Agency's Approved Performance Evaluation System for the last two successive evaluation periods which consist of step increments in accordance with the provisions of Joint CSC-DBM Circular No. 1, s. 1990.

(b) Length of Service Incentive which shall be given to an employee who has rendered at least three years of continuous satisfactory service in a particular position and which shall consist of step increments in accordance with the provisions of Joint CSC-DBM Circular No. 1, s. 1990.

(c) Productivity Incentive which shall be given to an employee or group of employees who has exceeded their targets or has incurred incremental improvement over existing targets.

(d) Most Courteous Employee Award which is given to an employee in accordance with the criteria and standards established under CSC MC No. 15, s. 1990 which instituted the Courtesy Campaign Program in the Civil Service, known as the "Ang Magalang, Bow!"

(e) Loyalty Award which shall be granted to an employee who has completed at least ten (10) years of continuous and satisfactory service in the government. This service award shall consist of cash bonus and a lapel emblem or loyalty pin differentiated as follows:

10 and 15 years - bronze service pin

20 and 25 years - silver service pin

30, 35 and 40 - gold service pin

The cash bonus shall, upon the recommendation of the Agency SIAC, be not less than P100.00 per year, chargeable against the Agency's savings, provided however that those who have received the cash award during their first 10 years shall, upon reaching 15, only receive the cash award for the succeeding 5 years and so on.

(f) Retirement Award which shall be given to a retiree who had rendered at least fifteen (15) years of satisfactory government service. This award shall be in the form of a plaque of appreciation, the design and citation of which shall be determined by the office concerned.

(g) Year-end Benefits or Thirteenth Month Bonus Plus One Thousand Cash Gift which shall be granted to officials and employees in the national and local governments, including state colleges and universities, and government-owned and controlled corporations in recognition of their dedication to government service and in keeping with the spirit of Christmas. The grant of these year-end benefits shall be governed by the Compensation Circulars issued by the Department of Budget and Management in accordance with the provisions of Republic Act 6686.

(h) Monetary Award which shall be granted to an employee whose contribution in terms of suggestions or invention or performance of functions results in monetary savings. When an employee's contribution can not be quantified in terms of monetary savings, or results in combined monetary savings and intangible benefits, the amount of cash award shall be determined in terms of a certain percentage of its estimated total value or benefit but not to exceed 20%.

The foregoing shall not preclude departments and agencies in establishing other types of incentive awards which shall be incorporated in the Department/Agency ESIAS.

SECTION 8. Officials and employees nominated for any of the honor awards must:

(a) Have been employed with the nominating agency for at least one year at the time of the nomination;

(b) Have been rated at least Very Satisfactory or its equivalent for two appraisal periods immediately preceding the nomination; and

(c) Have not been found guilty of any criminal or administrative offense involving moral turpitude or does not have any pending case against them at the time of nomination, as defined in these Rules.

SECTION 9. The procedure of nomination for the Honor Awards excluding nominations for the Outstanding Public Officials and Employees are as follows:

(a) The immediate supervisor or any person or persons or association including those from the private sector shall make the nomination in writing to the Suggestions and Incentive Awards Committee (SIAC) in the Department or Agency concerned;

(b) The Committee shall screen the nominations and evaluate the justification contained therein;

(c) The Committee shall submit its recommendation to the head of the department or agency; and

(d) The head of department or agency shall submit his nomination or the prescribed form to the Civil Service Commission.

Nominations for the Outstanding Public Official/Employee or "Dangal ng Bayan" Award may be submitted by any person or group of persons or associations directly to the Civil Service Commission or to any of its regional or provincial or field offices.

SECTION 10. The Civil Service Commission shall prescribe nomination forms for the honor awards. All departments and agencies may secure such form from the Civil Service Commission or from any of its regional, provincial or field offices.

SECTION 11. A Suggestions and Incentive Award Committee, hereinafter called the Committee, shall be created in each department or agency to administer the System. Members of the Committee shall be designated by the head of such department or agency and shall include the chief or head of the personnel division/office thereat.

The Committee shall have the following functions:

(a) Prescribe, subject to the approval of the head of Department or Agency, the procedure in evaluating employee suggestions, inventions or accomplishments.

(b) Receive, review and process suggestions and nominations.

(c) Recommend the appropriate monetary award to be granted to the employee for his idea or suggestion.

(d) Recommend to the head of department or agency the employees who shall be nominated for the honor awards or incentive awards or to both awards.

SECTION 12. The Civil Service Commission shall constitute a Special Committee on Awards composed of three prominent citizens who are not in the government service, the Chief Protocol Officer of the Office of the President, and a member of the Commission, which shall screen and evaluate objectively all nominations received by the Commission and shall recommend its choices to the President. The Committees shall likewise recommend to the Chairman of the Civil Service Commission its choices for the "Pagasa" Awards.

SECTION 13. Officials and employees who are conferred the honor awards shall be considered for promotion to the next higher position suitable to their qualifications. Records of awards as well as letters of commendations received shall be kept in employees' personnel folders.

SECTION 14. Each department or agency shall set aside in its annual budget the necessary appropriations to cover whatever necessary expenses will be incurred in the granting of both monetary and non-monetary awards.

SECTION 15. The Commission shall report annually the results of the Suggestions and Incentive Award Program together with recommendations to the President. The head of each department or agency shall submit to the Commission by the first week of January, a consolidated report on Suggestions and Incentive Award Program of the department or agency during the preceding year.

RULE XI Employee Relations and Services

SECTION 1. Each head of department or agency shall be responsible for the creation of an atmosphere conducive to good supervisor-employee relations and the improvement of employee morale. For this purpose, the head of each department or agency shall make provisions for the establishment of units responsible for the maintenance of employee health, welfare, counselling, recreation and similar activities, including the establishment of employee organization/union.

SECTION 2. Each head of department or agency shall provide a system of informing employees concerning their rights and privileges including the right to self-organization and their obligations and conduct required of all government officers and employees.

SECTION 3. Each head of department or agency shall encourage:

(a) Discussion of ideas among officers and employees throughout the administrative hierarchy through assemblies, congresses, dialogues and other allied forms of discussion, as well as their participation, to the greatest degree practicable, in the development of policies and other matters affecting them and their work;

(b) Voluntary conduct of employee activities, such as athletics, and such others as may fall into the social, recreational, financial, food production and livelihood categories which are conducive to employee well-being and consistent with the interest of public service.

RULE XII Complaints and Grievances

SECTION 1. For purposes of this Rule, the following terms are defined as follows:

(a) Complaint — means an employee's expressed (written or spoken) feelings of dissatisfaction with some aspects of his working conditions, relationships or status which are outside his control. This does not include those involving disciplinary actions which are governed by separate rules.

(b) Grievance — refers to a complaint in writing which has, in the first instance and in the employee's opinion, been ignored, overridden or dropped without due consideration.

(c) Grievance Procedure — refers to the method of determining and finding the best way to remedy the specific cause or causes of the complaint or grievance.

(d) Modes of Settling Employee — Management Disputes:

1. Conciliation — process whereby a third party (conciliator) brings the parties together, encourages them to discuss their differences and assists them in developing their own proposed solutions.

2. Mediation — process whereby a third party (mediator) is more active in assisting the parties reach acceptable solutions to the problem/s and helps the disputing parties develop or come out with an acceptable solution. The mediator can even submit his own proposals for the settlement of disputes.

3. Arbitration — process whereby a third party who may be an individual arbitrator, aboard of arbitrators or an arbitration court, is empowered to render a decision which disposes of the dispute and is binding on both parties.

(a) n Voluntary — a method of settling dispute/s by submitting the "dispute" before an arbitrator or panel of arbitrators chosen by both parties. The voluntary arbitrators shall render a decision after proper hearing of the issues. The decision of the arbitrator shall be final and binding on the contending parties.

(b) Compulsory — a method of settling disputes which has become hardened and irreconcilable and remains unresolved after exhausting all available remedies and exploring all avenues for a peaceful settlement of the dispute under existing laws and procedures. The dispute is thus submitted to a body established by law (Public Sector Labor Management Council [PSLMC]) which shall render a decision after proper hearing of the issues. The decision of the Council shall be final and binding on the contending parties.

SECTION 2. Complaints and grievances may exist between and among individual employees and Supervisor/Management and between the Management and the Recognized Negotiating/Bargaining Unit on any and all matters which give rise to employees dissatisfaction.

SECTION 3. Employees shall have the right to present their complaints and/or grievances to the management and have them settled as expeditiously as possible in the best interest of the employee concerned, union/association, agency/organization and the government as a whole.

SECTION 4. Each department and agency shall promulgate rules and regulations governing the expeditious, fair and equitable settlement of employees' complaints and/or grievances in accordance with the policies provided by law.

SECTION 5. Each department or agency shall establish a grievance procedure which shall conform with the following principles:

(a) An employee/union may, without resorting to formal grievance procedures, discuss informally any problem relating to his conditions of employment with his supervisor.

(b) In presenting a complaint or grievance, the employee shall be assured freedom from coercion, discrimination or reprisal and of a speedy and impartial settlement of such complaint or grievance.

(c) Complaints and/or grievances shall be resolved at the lowest possible level in the agency.

(d) Grievance proceedings shall not be bound by formal legal rules and technicalities.

(e) An employee shall have the right to appeal decisions on grievances to such competent authorities as provided for in this Rule.

(f) A complaint or grievance shall be considered not only in relation to its alleged object, but also in relation to the personal situation of the complainant.

SECTION 6. The grievance procedure to be established by both management/employer and employees/Recognized Negotiating Unit shall include the following:

(a) Oral discussion — A complaint shall be presented orally in the first instance to the employee's immediate supervisor who shall within three (3) days from the date of presentation inform the employee orally of his decision.

(b) Grievance in writing — If the employee is not satisfied with the decision of the immediate supervisor he may submit his grievance in writing through his immediate supervisor, to the next higher officer or official who shall within five days from the date of receipt of the written grievance inform in writing the employee through the immediate supervisor of his decision.

(c) Appeal to the agency head — If the employee is not satisfied with prior decisions relative to his grievance, he may submit, through channels, his grievance in writing to his department or agency head, who may refer it to a grievance committee constituted for the purpose.

Any party dissatisfied with the decision/resolution of his case after undergoing the grievance procedure may bring the same on appeal to the Merit Systems Protection Board or Public Sector Labor Management Council through the Office for Personnel Relations, as the case may be.

(d) Processing the grievance — The method of reviewing and processing the grievance for expeditious and satisfactory settlement shall be prescribed by the agency.

(e) Composition — Composition of the grievance committee shall be defined both by the employees/Recognized Negotiating Unit and management/employer.

(f) Form — Each agency shall have standardized forms for submitting grievances and indicating decisions.

Such form shall provide the following information:

(1) Name of the complainant

(2) Position Title

(3) Designation (if needed)

(4) Present Section or Division of Assignment

(5) Immediate Supervisor

(6) Present Department or Unit of Assignment

(7) Higher Supervisor

(8) Nature of Grievance (in brief)

(9) Settlement Desired

(10) Signature of Employee

(11) Signature of Association Official/Representative (if applicable)

(12) Date of filing from the lowest level in the Agency

SECTION 7. All written proceedings involving complaints and grievances shall be kept by the Personnel Office of the agency and/or by the union.

SECTION 8. Each head of department or agency shall submit a grievance procedure for approval to the Commission. Any department or agency may amend its grievance procedure, which shall be submitted to the Commission. Until disapproved, such amendments shall be in effect.

SECTION 9. Each head of department or agency shall furnish every employee in his office with a copy of its grievance procedure including any revision thereof and conduct information dissemination through symposium or other modes of information drive.

SECTION 10. The Commission shall provide consultation assistance to departments or agencies in planning and setting up a grievance machinery, and shall from time to time recommend to department or agency heads, methods and practices which may contribute to the effectiveness and improvement of such machinery.

SECTION 11. The Grievance Committee shall be composed of the following:

1. For complaints/grievances existing between and among individual employee and supervisor/management.

(a) One (1) member of top management or a representative to act as Chairman.

(b) One (1) higher supervisor except the one being complained of.

(c) One (1) member of the rank and file.

2. For complaints/grievance existing between the management and recognized/bargaining unit.

(a) One (1) member of top management or a representative to act as Chairman.

(b) One (1) higher supervisor.

(c) One (1) member of the association.

SECTION 12. Unless appealed, the decision of the concerned authorities shall take effect upon receipt of the decision by all the parties involved.

RULE XIII Right to Self-Organization

Pursuant to the express provision of Section 45, Book V of the Code, the rules relative to the right to self-organization shall be governed by the rules and regulations promulgated by the Public Sector Labor Management Council.

RULE XIV Discipline

SECTION 1. No officer or employee in the civil service shall be removed or suspended except for cause as provided by law and after due process.

SECTION 2. Any person may file an administrative complaint with the Commission or any of its proper office. Said complaint shall be in writing and under oath, otherwise, the same shall not be given due course.

SECTION 3. No action shall be taken on an anonymous complaint unless there is obvious truth or merit to the allegations set forth in the complaint.

SECTION 4. The complaint shall be written in clear, simple and concise language and in a systematic manner as to apprise the respondent of the nature of the charge against him and to enable him to prepare his defense.

SECTION 5. The complaint shall contain:

(a) the full name and address of the complainant;

(b) the full name and address of the respondent as well as his position and office of employment;

(c) specification of charges; and

(d) a brief statement of relevant and material facts, accompanied by certified true copies of the documentary evidence, if any, and sworn statements covering the testimony of his witnesses.

SECTION 6. The withdrawal of the complaint does not necessarily discharge the respondent from any administrative liability. Where there is obvious truth or merit to the charges or complaint, the same should be given due course.

SECTION 7. In meting out punishment, like penalties shall be imposed for like offenses and only one penalty shall be imposed in each case. "Each case" means one administrative case which may involve one or more charges or counts.

SECTION 8. The disciplining authority may impose the penalty of removal/dismissal from the service, forced resignation with or without prejudice to benefits, demotion in rank, suspension for not more than one year without pay, fine in an amount not exceeding six months salary, transfer or reprimand.

SECTION 9. The penalty of dismissal shall carry with it cancellation of eligibility, forfeiture of leave credits and retirement benefits, and the disqualification for reemployment in the government service. Further, it may be imposed without prejudice to criminal or civil liability.

SECTION 10. The penalty of forced resignation shall carry with it disqualification for employment in the government service for at least one year. However, it may or may not contain conditions relative to the forfeiture of leave credits and retirement benefits, and the disqualification regarding reemployment in a specific class of position.

SECTION 11. The penalty of transfer shall carry with it disqualification for promotion for a period of six months from the date respondent reports to the new position or station.

SECTION 12. The penalty of suspension shall carry with it disqualification for promotion corresponding to the period of suspension.

SECTION 13. The penalty of demotion shall carry with it disqualification for promotion for a period of six months.

SECTION 14. The penalty of fine shall carry with it disqualification for promotion for a period twice the number of days he was fined.

SECTION 15. A reprimand whether given by the Civil Service Commission or the head of department or agency shall be considered a penalty. However, a warning or an admonition shall not be considered a penalty.

SECTION 16. In the determination of penalties to be imposed, mitigating and aggravating circumstances may be considered. Nevertheless, in the appreciation thereof, the same must be invoked or pleaded by the proper party, otherwise, the said circumstances shall not be considered in the determination of the proper penalty to be imposed against the respondent concerned.

SECTION 17. If the respondent is found guilty of two or more charges or counts, the penalty imposed should be that corresponding to the most serious charge or count and the rest may be considered as aggravating circumstances.

SECTION 18. The imposition of the penalty shall be made in accordance with the manner herein below detailed, provided the penalty attached to the offense is divisible into minimum, medium, and maximum, to wit:

(a) The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances are present;

(b) The medium of the penalty shall be imposed where no mitigating and aggravating circumstances are present or when both are present they equally offset each other;

(c) The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstances are present;

(d) Where aggravating and mitigating circumstances are present, the minimum of the penalty shall be applied where there are more mitigating circumstances present; the medium period if the circumstances equally offset each other; and the maximum where there are more aggravating circumstances.

SECTION 19. The penalty of transfer, or demotion, or fine may be imposed instead of suspension from one month and one day to one year except in case of fine which shall not exceed six months.

SECTION 20. The penalty of fine may be imposed instead of suspension from one day to one month.

SECTION 21. 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.

SECTION 22. Administrative offenses with its corresponding penalties are classified into grave, less grave, and light, depending on the gravity of its nature and effects of said acts on the government service.

The following are grave offenses with corresponding penalties:

(a) Dishonesty

1st Offense — Dismissal

(b) Gross neglect of duty

1st Offense — Dismissal

(c) Grave misconduct

1st Offense — Dismissal

(d) Being notoriously undesirable

1st Offense — Dismissal

(e) Conviction of a crime involving moral turpitude

1st Offense — Dismissal

(f) Falsification of official document

1st Offense — Dismissal

(g) Physical or mental incapacity or disability due to vicious habits

1st Offense — Dismissal

(h) Engaging directly or indirectly in partisan political activities by one holding non-political office

1st Offense — Dismissal

(i) Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope of expectation of receiving a favor or better treatment than that accorded to other persons or committing acts punishable under the anti-graft laws

1st Offense — Dismissal

(j) Contracting loans of money or other property from persons with whom the office of the employee has business relations

1st Offense — Dismissal

(k) Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature.

1st Offense — Dismissal

(l) Disloyalty to the Republic of the Philippines and to the Filipino People

1st Offense — Dismissal

(m) Nepotism

1st Offense — Dismissal

(n) Oppression

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(o) Disgraceful and immoral conduct

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(p) Inefficiency and incompetence in the performance of official duties

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(q) Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during regular office hours

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

An officer or employee in the civil service shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least three (3) months in a semester or at least three (3) consecutive months during the year.

Any employee shall be considered habitually tardy if he incurs tardiness, regardless of the number of minutes, ten (10) times a month for at least (2) months in a semester or at least two (2) consecutive months during the year. In case of claim of ill-health, heads of department of agencies are encouraged to verify the validity of such claim and, if not satisfied with the reason given, should disapprove the application for sick leave. On the other hand, cases of employees who absent themselves from work before approval of the application should be disapproved outright.

In the discretion of the Head of any department, agency, or office, any government physician may be authorized to do a spot check on employees who are supposed to be on sick leave.

(r) Refusal to perform official duty

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(s) Gross Insubordination

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(t) Conduct grossly prejudicial to the best interest of the service

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(u) Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest by which a person will gain or lose something.

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(v) Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(w) Engaging in the private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict with his official functions

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(x) Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interests or give undue advantage to anyone or to prejudice the public interest

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

(y) Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the general public

1st Offense — Suspension for six (6) months and one (1) day to one (1) year

2nd Offense — Dismissal

The following are less grave offenses with their corresponding penalties:

(a) Simple Neglect of Duty

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(b) Simple Misconduct

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(c) Gross Discourtesy in the Course of Official Duties.

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(d) Gross Violation of Existing Civil Service Law and Rules of Serious Nature

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(e) Insubordination

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(f) Habitual Drunkenness

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(g) Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by (1) Law, or (2) international agreements, commitment and obligation, or as a part of the function of his office

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(h) Unfair Discrimination in Rendering Public Service Due to Party Affiliation or Preference

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(i) Failure to File Sworn Statements of Assets, Liabilities, and Networth, and Disclosure of Business Interest and Financial Connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

(j) Failure to resign from his position in the private business enterprise within thirty (30) days from assumption of public office when conflict of interest arises and/or failure to divest himself of his shareholdings or interest in private business enterprise within sixty (60) days from assumption of public office when conflict of interest arises: Provided, however, That where a conflict of interest arises for those who are already in the service, the official or employee must either resign or divest himself of said interest within the periods herein-above; provided, reckoned from the date when the conflict of interest had arisen

1st offense — Suspension for one (1) month and one (1) day to six (6) months

2nd offense — Dismissal

The following are light offenses with their corresponding penalties:

(a) Discourtesy in the Course of Official Duties

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(b) Improper or unauthorized solicitation of contributions from subordinate employees and by teachers of school officials from school children

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(c) Violation of reasonable office rules and regulations

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(c.1-1) This includes violation of M.C. 14, s. 1991 (DRESS CODE)

(d) Gambling Prohibited by Law

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(e) Refusal to Render Overtime Service

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(f) Disgraceful, Immoral or Dishonest Conduct Prior to Entering the Service

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(g) Borrowing Money by Superior Officers from Subordinates

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(h) Lending Money at Usurious Rates of Interest

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(i) Willful Failure to Pay Just Debts

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

The term "just debts" shall apply only to:

1. claims adjudicated by a court of law, or

2. claims the existence and justness of which are admitted by the debtor.

(j) Willful failure to pay taxes due to the government

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(k) Pursuit of private business, vocation or profession without the permission required by civil service rules and regulations

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(l) Lobbying for personal interest or gain in legislative halls and offices without authority

1st offense — Reprimand

2nd offense — Suspension for one (1) to Thirty (30) days

3rd offense — Dismissal

(m) Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(n) Failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise provided in the rules implementing the code of conduct and ethical standards for public officials and employees.

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(o) Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in the rules implementing the code of conduct and ethical standards for public officials and employees

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

(p) Failure to attend to anyone who wants to avail himself of the services of the office, or act promptly and expeditiously on public transactions

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30) days

3rd offense — Dismissal

SECTION 24. Preventive Suspension is not a punishment or penalty for misconduct in office but is considered to be a preventive measure.

SECTION 25. The period within which a public officer or employee charged is placed under preventive suspension shall not be considered part of the actual penalty of suspension imposed upon the employee found guilty.

SECTION 26. 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:

(a) dishonesty

(b) oppression

(c) grave misconduct

(d) neglect in the performance of duty or

(e) if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service

SECTION 27. When the administrative case against a non-presidential officer or employee under preventive suspension is not finally decided by the disciplining authority within the period of 90 days after the date of his preventive suspension, he 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 should not be included in the counting of the 90 calendar-day period of preventive suspension.

SECTION 28. The Commission shall have original disciplinary jurisdiction over all its officials and employees and over all cases involving civil service examination anomalies or irregularities.

SECTION 29. The Commission may assume original jurisdiction on complaints directly filed before it against any other official or employee. For this purpose, it may hear and decide the case or it may deputize any officer of the department or agency to conduct the investigation and to receive the evidence. The results of the investigation together with the evidence adduced and recommendation shall be submitted to the Commission for decision.

SECTION 30. The Merit Systems Protection Board of this Commission may assume original jurisdiction on complaints against civil service officials and employees, those which are unacted upon by the agencies and on such other complaints requiring direct action in the interest of justice.

SECTION 31. Except as otherwise provided by the Constitution or by law, the Commission shall have the final authority to pass upon the removal, separation and suspension of all officers and employees in the civil service and upon all matters relating to the conduct, discipline and efficiency of such officers and employees.

SECTION 32. The Secretaries and heads of 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 30 days or fine in an amount not exceeding 30 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, then to the Merit Systems Protection Board, 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 Secretary concerned.

SECTION 33. An investigation may be entrusted to a regional director or similar officials who shall make the necessary report and recommendation to the chief of bureau or office or department.

SECTION 34. Administrative proceedings may be commenced against a subordinate officer or employee by the following officials/persons:

(a) Secretary of Department;

(b) Head of Office of Equivalent Rank;

(c) Head of Local Government Unit;

(d) Chief of Agency;

(e) Regional Director; or

(f) Upon Sworn, Written Complaint of Any other Person.

SECTION 35. In the case of a complaint filed by any other person, 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 no prima facie case is found to exist, the disciplining authority shall dismiss the case.

If a prima facie case exists, the disciplining authority shall notify the respondent in writing of the charges against him. Copies of the complaint, sworn statements and other documents submitted shall be attached to said notification.

SECTION 36. The respondent must be given by the disciplining authority not less than 72 hours or 3 days to submit his answer to the charges which answer must be in writing and under oath. Supporting sworn statements and documents may also be submitted. If the answer is found satisfactory, the disciplining authority shall dismiss the case.

In said answer, the respondent shall indicate whether or not he elects a formal investigation of his case.

SECTION 37. Although a respondent does not request a formal investigation, one shall nevertheless be conducted by the disciplining authority when from the allegations of the complaint and the answer of the respondent, including the supporting documents of both parties the merits of the case cannot be decided judiciously without conducting such investigation.

SECTION 38. The investigation shall be held not earlier than five days nor later than ten days from the date of receipt of the respondent's answer. Said investigation shall be finished within 30 days from the filing of the charges, unless the period is extended by the Commission in meritorious cases.

SECTION 39. The direct evidence for the complainant and the respondent shall consist of the sworn statement 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 the respondent and the complainant respectively, shall be based. Following cross-examination, there may be re-direct and re-cross examination.

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.

The investigation shall be conducted for the purpose of ascertaining the truth without necessarily adhering to technical rules applicable in judicial proceedings. It shall be conducted by the disciplining authority concerned or his authorized representatives.

SECTION 40. The decision shall be rendered by the disciplining authority within 30 days from the termination of the investigation or submission of the report of the investigation, which report shall be submitted within 15 days from the conclusion of the investigation.

SECTION 41. An employee who feels aggrieved by the decision of the disciplining authority may file a petition with the agency for a reconsideration thereof.

SECTION 42. Decisions of heads of departments, agencies and instrumentalities, provinces, cities and municipalities, imposing penalties exceeding thirty days suspension or fine in an amount exceeding 30 days salary, may be appealed to the Merit Systems Protection Board, an intermediate appellate body of the Commission, within fifteen (15) days from receipt of a copy of the decision, and finally to the Commission proper within the same period of fifteen days.

A fee of at least One Hundred Pesos (P100.00) shall be paid for an appeal filed with the Merit Systems Protection Board, or with the Commission proper.

Decisions of the MSPB in administrative cases where the penalty imposed is short of dismissal and on protest cases and other personnel actions where the position involved is below Division Chief level, are final and unappealable. However, decisions of these nature shall be subject of review by the Commission motu proprio or upon request/petition for review by the aggrieved party. The grant of petition for review, as distinguished from an appeal is discretionary on the part of the Commission.

SECTION 43. 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 15 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. Failure to do so may cause the dismissal of the appeal. It shall also specifically set forth clearly the grounds relied upon.

Where a notice of appeal is filed within the reglementary period, the appellant shall submit his appeal memorandum together with the certified true copy of the decision, resolution or order appealed from within ten (10) days from the date of said notice is filed. Failure to submit an appeal memorandum with the required copy of decision within the prescribed period, shall be construed as a waiver thereof.

SECTION 44. The appeal is deemed filed in case the same is sent by registered mail, on the date shown by the postmark on the envelope which postmark shall be attached to the record of the case, and in case of personal delivery, the date of receipt by the MSPB or the Commission,

SECTION 45. In the computation of the period of time, the first day shall be excluded and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next day which is neither a Saturday, a Sunday or a legal holiday:

SECTION 46. A motion for reconsideration may be filed by the party adversely affected by the decision of the Merit Systems Protection Board or the Commission as the case may be within fifteen (15) days from receipt of the decision.

SECTION 47. The motion for reconsideration is deemed filed in case the same is sent by registered mail on the date shown by the postmark on the envelope which postmark shall be attached to the record of the case, and in case of personal delivery, the date of receipt by the MSPB or the Commission.

SECTION 48. The motion for reconsideration shall be based only on any of the following grounds:

(a) New evidence has been discovered which materially affects the decision rendered;

(b) The decision is not supported by the evidence on record; or

(c) Errors of law or irregularities have been committed which are prejudicial to the interest of the service.

SECTION 49. Only one motion for reconsideration shall be entertained.

SECTION 50. The decision of the Commission shall be immediately executory unless a motion for reconsideration is seasonably filed.

SECTION 51. The Commission may further employ or pursue such other civil, criminal and/or administrative sanctions as provided for under existing laws.

SECTION 52. If the decision of the Commission is brought to the Supreme Court on certiorari, the same shall still be executory unless a restraining order or preliminary injunction is issued by the High Court.

SECTION 53. The head of department or agency or any responsible official who willfully and deliberately refuses or fails to implement or execute the final resolution or decision of the Commission to the prejudice of the party affected or the public in general shall be liable for contempt of the Commission.

In case the decision directed payment of back salaries, the head of the department shall be made liable in his personal capacity for the payment of said salaries and other money benefits corresponding to the period of delay in the implementation of said decision, order or ruling.

SECTION 54. A person guilty of committing any of the following acts may be summarily adjudged guilty of direct contempt of the Commission:

(a) misbehavior in the presence of or so near the Commission or any of its members as to obstruct or interrupt the proceedings before the same;

(b) disrespect towards the Commission or any of its members, like the (1) use of any disrespectful or insulting language, or (2) derogatory remarks in the pleadings, memoranda and/or position papers, or (3) offensive personalities towards others;

(c) refusal to be sworn in, or to answer as a witness, or to subscribe an affidavit or deposition when required to do so.

If adjudged guilty, the respondent may be publicly reprimanded or censured and/or imposed a fine not exceeding two hundred pesos.

Decisions of the Commission declaring any person in direct contempt shall not be appealable.

SECTION 55. Indirect contempt shall be imposed only after due proceedings. Indirect contempt may be committed through any of the following acts or omissions:

(a) Disobedience or resistance to a lawful writ, process, order, decision, resolution, ruling, summons, subpoena or command of, or injunction of the Commission;

(b) Any abuse of or any unlawful interference with the processes or proceedings of the Commission, or any improper conduct, tending directly or indirectly to impede, obstruct, delay, hamper, or degrade the implementation of any lawful writ, process, order, decision, resolution, ruling or command of the Commission not constituting direct contempt;

(c) Deliberate failure to obey a subpoena or subpoena duces tecum duly served without valid justification therefor.

SECTION 56. If the respondent is adjudged guilty of indirect contempt committed against the Commission, he may be punished by a fine of not more than one thousand pesos (P1,000.00) for every act of indirect contempt. Each day of defiance of or disobedience to or non-enforcement of a final order, resolution, decision, ruling, injunction or processes, shall constitute indirect contempt of the Commission. If the contempt consists in the violation of an injunction or omission to do an act which is still within the power of the respondent to perform, the respondent shall, in addition, be made liable for all damages as a consequence thereof.

SECTION 57. The damages shall be measured by the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct, disobedience to, defiance of a lawful order, and/or such other contumacious acts or omissions of which the contempt is being prosecuted, and the costs of the proceedings, including payment of interest on damages.

SECTION 58. Damages sustained by the aggrieved party shall refer to the total amount of his or her salaries and other money benefits which shall have accrued to the latter had the final order, decision, resolution, ruling, injunction or processes of the Commission been enforced/implemented immediately.

RULE XV Inspection and Audit

SECTION 1. The Commission, through its designated representatives, shall conduct periodic inspection and audit of the personnel management programs of each Department, agency, province, city or municipality in order to: (a) determine compliance with the Civil Service Law, rules and standards; (b) review discharge of delegated authority; (c) make an adequate evaluation of the progress made and problems encountered in the conduct or implementation of the merit system in the national and local governments including government-owned or controlled corporations with original charters; (d) give advice and provide assistance in developing constructive policies, standards and procedures; and (e) stimulate improvement in all areas of personnel management.

SECTION 2. Periodic inspection and audit shall include an agency's appraisal of personnel management operations and activities relative to:

(a) Formulation and issuance of personnel policy;

(b) Position classification and pay;

(c) Recruitment and selection of employees;

(d) Personnel action and employment status;

(e) Career and employee development;

(f) Performance rating system;

(g) Employee suggestions and incentive award;

(h) Employee relations and services;

(i) Discipline;

(j) Personnel records and reporting; and

(k) Program evaluation.

SECTION 3. Heads of departments, agencies and local government units shall extend all necessary assistance and support to the inspection and audit programs of the Commission.

SECTION 4. At least two weeks' advance notice of the inspection shall be furnished by the Commission to the department, agency, or local government unit.

SECTION 5. Before every inspection, the Commission representatives designated to undertake such shall meet with the head of the department, agency or local government unit to be inspected, or his designated representative/s to explain, among others, the objective/s, scope and methods of the inspection, and to afford an opportunity for discussion of current problems.

The head of the department, agency or local government unit shall designate the official in charge of personnel matters in the department, agency or local government unit to be inspected to assist the Commission representatives in the conduct of the inspection. Upon request of the Commission representatives, the designated official shall make available all the documents and other resources pertinent to the personnel management operations and activities to be inspected.

SECTION 6. In the course of the inspection, Commission representatives shall, as far as practicable, keep the officials and employees of the department, agency or local government unit being inspected, informed of their findings and recommendations to enable them to take corrective action, as may be necessary, at the earliest time possible.

SECTION 7. Commission representatives shall furnish advice and assistance to the departments, agencies or local government units both during inspection and in between inspections on personnel management problems, policies and procedures.

SECTION 8. Personnel officers as well as operating officials and employees shall be afforded opportunities during inspection and in between inspections to make suggestions and recommendations to Commission representatives towards the improvement of the merit system and the effective implementation of the Civil Service Law, rules and standards.

SECTION 9. Upon completion of the inspection, Commission representatives shall submit a written report of inspection made on departments, agencies and field establishments in the Metro Manila area to the Chairman and on departments, agencies and field establishments outside Metro Manila to the respective Regional Directors of the Commission. The Chairman and the Regional Directors concerned shall, after approval of the report, send copies to the heads of the departments, agencies and field establishments concerned.

In the case of local government units, copies of the report shall be furnished the provincial governor and/or city/municipal mayor and such other provincial and/or city/municipal heads as the Chairman or Regional Directors may deem necessary.

SECTION 10. Immediately upon receipt of the inspection report, the department, agency or local government unit shall take whatever necessary corrective action remains in connection with Section 6 of this Rule within the period prescribed by the Commission and shall notify in writing the Commission of its action.

At the end of such period, Commission representatives shall monitor the extent of implementation by the department, agency or local government unit of the corrective actions recommended in connection with the inspection therein conducted.

SECTION 11. If the department, agency or local government unit decides to file any request for reconsideration of corrective actions recommended in the inspection report, it shall notify the Commission of such request within 15 days from receipt of the report and submit in writing the reasons to support the request for reconsideration. After the request for reconsideration, the Commission shall notify the department, agency or local government unit of its decision. Such decision shall be final.

RULE XVI Leave of Absence

SECTION 1. Entitlement to Leave Privileges. — In general, appointive officials and employees of the government whether permanent, temporary, or casual, who render work during the prescribed office hours, shall be entitled to 15 days vacation and 15 days sick leave annually with full pay exclusive of Saturdays, Sundays, Public Holidays, without limitation as to the number of days of vacation and sick leave that they may accumulate.

SECTION 2. Leave of Absence of Part-Time Employees. — Employees rendering services on part-time basis are entitled to vacation and sick leave benefits proportionate to the number of work hours rendered. A part-time employee who renders four (4) hours of work five (5) days a week or a total of 20 hours a week is entitled to 7.5 days vacation leave and 7.5 days sick leave annually with full pay.

SECTION 3. Leave of Absence of Employees on Rotation Basis. — Employees on rotation basis shall be entitled to vacation and sick leave corresponding to the periods of service rendered by them. If an employee has been allowed to work in two or more shifts or rotation, the periods of actual service covered by each shift or rotation should be added together to determine the number of years, months and days during which leave is earned.

SECTION 4. Contractual Employees are Not Entitled to Leave Credits as a Matter of Right. — In view of the nature of their employment, employees hired on contractual basis are not entitled to vacation, sick, and other special leave privileges. To offset their non-entitlement to leave benefits, contractual employees may be paid compensation twenty percent (20%) higher than the salaries of regular employees occupying equivalent positions. If contractual employees are not given the 20% premium, they should be entitled to vacation and sick leave.

SECTION 5. Leave Credits of Local Elective Officials. — Local elective officials started to be entitled to leave privileges effective May 12, 1983 only pursuant to Batas Pambansa 337. However, said leave was commutative but not cumulative. This means that local elective officials who did not commute said leave during the year earned are deemed to have forfeited the same.

However, starting January 1, 1992, local elective officials shall be entitled to leave privileges as those enjoyed by appointive local officials, including accumulation and commutation thereof.

SECTION 6. Teachers' Leave. — Teachers shall not be entitled to the usual vacation and sick leave credits but to proportional vacation pay (PVP) of 70 days of summer vacation plus 14 days of Christmas vacation. A teacher who has rendered continuous service in a school year without incurring absences without pay of not more than 1 1/2 days is entitled to 84 days of proportional vacation pay.

Other leave benefits of teachers such as study leave and indefinite sick leave are covered by Section 24 and 25 of RA 4670 (Magna Carta for Public School Teachers).

SECTION 7. Other Employees Under Teacher's Leave Basis. — Day Care Workers and all other appointive employees whose work schedule is the same as that of teachers, earn leave credits in accordance with Sections 6 and 9 hereof.

SECTION 8. Teachers who are Designated to Perform Non-Teaching Functions. — Teachers who are designated to perform non-teaching functions and who render the same hours of service as other employees shall be entitled to vacation and sick leave.

SECTION 9. Vacation Service Credits of Teachers. — Teachers' vacation service credits refer to the leave credits earned for services rendered on activities, during summer or Christmas vacation, as authorized by proper authority. These vacation service credits are used to offset absences of a teacher due to illness or to offset proportional deduction in vacation salary due to absences for personal reasons or late appointment. The manner by which service credits may be earned by teachers is subject to the guidelines issued by the Department of Education, Culture and Sports (DECS).

SECTION 10. Leave Credits of Officials and Employees Covered by Special Leave Law. — The leave credits of the following officials and employees are covered by special laws:

(a) Justices of the Supreme Court, Court of Appeals and Sandiganbayan;

(b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial Courts, Court of Tax Appeals and Shari'a Circuit Court; and Shari'a District Court.

(c) Heads of the Executive Departments, Heads of Departments, Undersecretaries;

(d) Chairmen and Commissioners of Constitutional Commissions;

(e) Filipino officers and employees in the Foreign Service;

(f) Faculty members of state universities and colleges including those teaching in universities and colleges created pursuant to ordinance of the LGUs; and

(g) Other officials and employees covered by special laws.

Hence, Justices and other government officials and employees covered by special laws should promulgate their own implementing rules relative thereto. Said implementing rules should be submitted to the Civil Service Commission for record purposes.

SECTION 11. Conditions for the Grant of Maternity Leave. — Every woman in the government service who has rendered an aggregate of two (2) or more years of service, shall, in addition to the vacation and sick leave granted to her, be entitled to maternity leave of sixty (60) calendar days with full pay.

Maternity leave of those who have rendered one (1) year or more but less than two (2) years of service shall be computed in proportion to their length of service, provided, that those who have served for less than one (1) year shall be entitled to 60 days maternity leave with half pay.

It is understood that enjoyment of maternity leave cannot be deferred but should be enjoyed within the actual period of delivery in a continuous and uninterrupted manner not exceeding 60 calendar days. (Amendment of Section 11, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987, CSC Memorandum Circular No. 22-02, [October 23, 2002])

SECTION 12. Formula for the Computation of Maternity Leave. — Employees who have rendered less than two (2) years of service may only receive full pay for a number of days based on the ratio of 60 days to 2 years of service.

For example, an employee has rendered one year and six months of service:

SECTION 13. A Married Woman may be Granted Maternity Leave more than Once a Year. — Maternity leave shall be granted to female employees in every instance of pregnancy irrespective of its frequency.||| (Amendment of Section 11, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987, CSC Memorandum Circular No. 22-02, [October 23, 2002])

SECTION 14. Married Women may go on Maternity Leave for Less than Sixty (60) Days. — When a female employee wants to report back to duty before the expiration of her maternity leave, she may be allowed to do so provided she presents a medical certificate that she is physically fit to assume the duties of her position.

The commuted money value of the unexpired portion of the leave need not be refunded and that when the employee returns to work before the expiration of her maternity leave, she may receive both the benefits granted under the maternity leave law and the salary for actual services rendered effective the day she reports for work. (Amendment of Section 11, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987, CSC Memorandum Circular No. 22-02, [October 23, 2002])

SECTION 15. Maternity Leave with Pay may be Granted Even if Delivery Occurs Just a Few Days After the Termination of Employee's Service. — Maternity leave with pay may be granted even if the delivery occurs not more than 15 calendar days after the termination of employee's service as her right thereto has already accrued.

SECTION 16. Maternity Leave of Employee on Extended Leave of Absence Without Pay. — If already entitled, a woman employee can still avail of sixty (60) days maternity leave with pay even if she is on an extended leave of absence without pay.

SECTION 17. Maternity Leave of Employee with Pending Administrative Case. — Every woman employee in the government service is entitled to maternity leave of absence with pay even if she has a pending administrative case. (Amendment of Section 11, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987, CSC Memorandum Circular No. 22-02, [October 23, 2002])

SECTION 18. Maternity Leave of Contractual Employees. — All contractual female employees whether or not receiving 20% premium on their salary shall be entitled to maternity leave benefits like regular employees in accordance with the provisions of Section 11 hereof. (Amendment of Section 11, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987, CSC Memorandum Circular No. 22-02, [October 23, 2002])

SECTION 19. Conditions for the Grant of Paternity Leave. — Every married male employee is entitled to paternity leave of seven (7) working days for the first four (4) deliveries of his legitimate spouse with whom he is cohabiting.

The first of the 4 deliveries shall be reckoned from the effectivity of the Paternity Leave Act on July 15, 1996.

Married male employee with more than one (1) legal spouse shall be entitled to avail of paternity leave for an absolute maximum of four deliveries regardless of whichever spouse gives birth.

SECTION 20. Paternity Leave — Non-Cumulative/Non-Commutative. — Paternity leave of seven (7) days shall be non-cumulative and strictly non-convertible to cash. The same may be enjoyed in a continuous or in an intermittent manner by the employee on the days immediately before, during and after the childbirth or miscarriage of his legitimate spouse.

SECTION 21. Special Leave Privileges. — In addition to the vacation, sick, maternity and paternity leave, officials and employees with or without existing or approved Collective Negotiation Agreement (CNA), except teachers and those covered by special leave laws, are granted the following special leave privileges subject to the conditions hereunder stated:

(a) funeral/mourning leave

(b) graduation leave

(c) enrollment leave

(d) wedding/anniversary leave

(e) birthday leave

(f) hospitalization leave

(g) accident leave

(h) relocation leave

(i) government transaction leave

(j) calamity leave

(1) That the official/employee may be granted a maximum of three (3) days within a calendar year of any or combination of special leave privileges of his choice which he would opt to avail;

(2) That such privileges shall be non-cumulative and non-commutative;

(3) That the official/employee shall submit the application for the said special leave privileges for at least one (1) week prior to its availment except on emergency cases; and

(4) Special leave privilege may be availed of by the official/employee when the occasion is personal to him and that of his immediate family.

SECTION 22. Monetization of Leave Credits. — Officials and employees in the career and non-career service whether permanent, temporary, casual, or coterminous, who have accumulated fifteen (15) days of vacation leave credits shall be allowed to monetize a minimum of ten (10) days: Provided, that at least five (5) days is retained after monetization and provided further that a maximum of thirty (30) days may be monetized in a given year.

SECTION 23. Monetization of 50% of Vacation/Sick Leave Credits. — Monetization of fifty (50%) or more of the accumulated leave credits may be allowed for valid and justifiable reasons such as:

a. Health, medical and hospital needs of the employee and the immediate members of his family;

b. Financial aid and assistance brought about by force majeure events such as calamities, typhoons, fire, earthquake and accidents that affect the life, limb and property of the employee and his/her immediate family;

c. Educational needs of the employee and the immediate members of his/her family;

d. Payment of mortgages and loans which were entered into for the benefit or which inured to the benefit of the employee and his/her immediate family.

e. In cases of extreme financial needs of the employee or his/her immediate family where the present sources of income are not enough to fulfill basic needs such as food, shelter and clothing;

f. Other analogous cases as may be determined by the Commission.

The monetization of 50% or more of the accumulated leave credits shall be upon the favorable recommendation of the agency head and subject to availability of funds.

Immediate family is used herein as defined in Rule I (Definition of terms) of the Omnibus Rules Implementing the Administrative Code of 1987.(Amendment to Section 23, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987, Also Known as the Omnibus Rules on Leave, CSC Memorandum Circular No. 16-02, [June 24, 2002])

SECTION 24. Computation of Leave Monetization. — The formula to be used for the computation of monetization is as follows:

SECTION 25. Five Days Forced/Mandatory Leave. — All officials and employees with 10 days or more vacation leave credits shall be required to go on vacation leave whether continuous or intermittent for a minimum of five (5) working days annually under the following conditions:

(a) The head of agency shall, upon prior consultation with the employees, prepare a staggered schedule of the mandatory five-day vacation leave of officials and employees, provided that he may, in the exigency of the service, cancel any previously scheduled leave.

(b) The mandatory annual five-day vacation leave shall be forfeited if not taken during the year. However, in cases where the scheduled leave has been cancelled in the exigency of the service by the head of the agency, the scheduled leave not enjoyed shall no longer be deducted from the total accumulated vacation leave.

(c) Retirement and resignation from the service in a particular year without completing the calendar year do not warrant forfeiture of the corresponding leave credits if concerned employees opted not to avail of the required five-day mandatory vacation leave.

(d) Those with accumulated vacation leave of less than ten (10) days shall have the option to go on forced leave or not. However, officials and employees with accumulated vacation leave of 15 days who availed of monetization for 10 days, under Section 22 hereof, shall still be required to go on forced leave.

SECTION 26. Accumulation of Vacation and Sick Leave. — Vacation and sick leave shall be cumulative and any part thereof which may not be taken within the calendar year may be carried over to the succeeding years. Whenever any official or employee retires, voluntarily resigns, or is allowed to resign or is separated from the service through no fault of his own, he shall be entitled to the commutation of all the accumulated vacation and/or sick leave to his credit, exclusive of Saturdays, Sundays, and holidays, without limitation as to the number of days of vacation and sick leave that he may accumulate provided his leave benefits are not covered by special law.

When a person whose leave has been commuted following his separation from the service is reemployed in the government before the expiration of the leave commuted, he shall no longer refund the money value of the unexpired portion of the said leave. Insofar as his leave credits is concerned, he shall start from zero balance.

SECTION 27. Computation of Vacation Leave and Sick Leave. — Computation of vacation leave and sick leave shall be made on the basis of one day vacation leave and one day sick leave for every 24 days of actual service using the tables of computations as follows:

SECTION 28. Actual Service Defined. — The term "actual service" refers to the period of continuous service since the appointment of the official or employee concerned, including the period or periods covered by any previously approved leave with pay.

Leave of absence without pay for any reason other than illness shall not be counted as part of the actual service rendered: Provided, that in computing the length of service of an employee paid on the daily wage basis, Saturdays, Sundays or holidays occurring within a period of service shall be considered as service although he did not receive pay on those days inasmuch as his service was not then required.

A fraction of one-fourth or more but less than three-fourth shall be considered as one-half day and a fraction of three-fourths or more shall be counted as one full day for purposes of granting leave of absence.

SECTION 29. Computation of Leave for Employees with Irregular Work Schedule. — Employees, including, among others, hospital personnel, whose work schedules are irregular and at times include Saturdays, Sundays, and legal holidays and are instead off-duty on other days, their off-duty days regardless or whether they fall on Saturdays, Sundays, or holidays during the period of their leave, are to be excluded in the computation of vacation and sick leave. In other words, if an employee is off-duty, say for two (2) days falling on Saturdays, Sundays, or holidays, these days occurring within the period of authorized leave are to be excluded in the deduction of the number of days of leave from the earned leave credits of the employee.

SECTION 30. Computation of Leave for Employees Observing Flexible Working Hours. — Employees observing flexible working hours who render less than the usual eight (8) hours of work per day but complete the forty (40) hours of work in a week, shall be deducted from their leave credits only the minimum number of hours required to be served for a day but which was not served. Any absence incurred must be charged in proportion to the number of hours required for a day's work.

SECTION 31. Commutation of Salary Prior to Leave. — The proper head of department, local government unit, and government owned or controlled corporation with original charter may, in his discretion, authorize the commutation of the salary that would be received during the period of vacation and sick leave of any appointive official and employee and direct its payment at the beginning of such leave from the fund out of which the salary would have been paid.

SECTION 32. Absence on a Regular Day for which Suspension of Work is Announced. — Where an official or an employee fails to report for work on a regular day for which suspension of work is declared after the start of regular working hours, he shall be considered absent on that day.

SECTION 33. Leave of Absence Without Pay on a Day Immediately Preceding or Succeeding Saturday, Sunday or Holiday. — When an employee, regardless of whether he has leave credits or not is absent on a day immediately preceding or succeeding a Saturday, Sunday or holiday, he shall not be considered absent on said days. However, the same provision is applicable only to intermittent or broken absences incurred by an employee but not to continuous or uninterrupted absences without pay exceeding a period of seven (7) calendar days.

SECTION 34. Tardiness and Undertime are Deducted Against Vacation Leave Credits. — Tardiness and undertime are deducted from vacation leave credits and shall not be charged against sick leave credits, unless the undertime is for health reasons supported by medical certificate and application for leave.

SECTION 35. Terminal Leave. — Terminal leave is applied for by an official or an employee who intends to sever his connection with his employer. Accordingly, the filing of application for terminal leave requires as a condition sine qua non, the employee's resignation, retirement or separation from the service without any fault on his part. It must be shown first that public employment cease by any of the said modes of severances.

SECTION 36. Approval of Terminal Leave. — Application for commutation of vacation and sick leave in connection with separation through no fault of an official or employee shall be sent to the head of department concerned for approval. In this connection, clearance from the Ombudsman is no longer required for processing and payment of terminal leave as such clearance is needed only for payment of retirement benefits.

SECTION 37. Payment of Terminal Leave. — Any official/employee of the government who retires, voluntarily resigns, or is separated from the service through no fault of his own, and who is not otherwise covered by special law, shall be entitled to the commutation of his leave credits exclusive of Saturdays, Sundays and Holidays without limitation and regardless of the period when the credits were earned.

SECTION 38. Period Within which to Claim Terminal Leave Pay. — Request for payment of terminal leave benefits must be brought within ten (10) years from the time the right of action accrues upon an obligation created by law.

SECTION 39.Basis of Computation of Terminal Leave. — Payment of terminal leave for purposes of retirement or voluntary resignation shall be based on the highest monthly salary received at any time during his period of employment in the government service and not on his latest salary, unless the latter is the highest received by the retiree.

SECTION 40.Computation of Terminal Leave. — The terminal leave benefits shall be computed as follows:

SECTION 41. Official/Employee on Terminal Leave Does Not Earn Leave Credits. — The official/employee who is on terminal leave does not earn any leave credits as he is already out of the service. While on terminal leave, he merely enjoys the benefits derived during the time of such employment. Consequently, he is no longer entitled to the benefits or salary increases that may be granted thereafter.

SECTION 42. Employee on Extension of Service Does not Earn Leave Credits. — The official/employee who has reached the compulsory retirement age of 65 but whose service has been extended by the Commission for another six (6) months, no longer earns leave credits.

SECTION 43. Computation of Salary. — An official or employee who applies for vacation or sick leave shall be granted leave with pay at the salary he is currently receiving.

SECTION 44. Leave During Probationary Period. — An employee still on probation may already avail of whatever leave credits he has earned during said period. Accordingly, any leave of absence without pay incurred during the period of probation shall extend the completion thereof for the same number of days of such absence.

SECTION 45. Payment of Unused Vacation Service Credits of Teachers. — Teachers and other school personnel on the teachers' leave basis who resigned, retired, or are separated from the service through no fault of their own on or after January 16, 1986 shall be paid the money value of their unused vacation service credits converted to vacation and sick leave using the formula:

SECTION 46. Transfer from Teaching to Non-Teaching Service During Summer Vacation. — A teacher who transferred to the non-teaching service immediately after the close of the school year during summer vacation, is entitled to proportional vacation pay inasmuch as his right thereto has already accrued.

SECTION 47. Transfer of Leave Credits. — When an official or employee transfers from one government agency to another, he can either have his accumulated vacation and/or sick leave credits commuted or transferred to his new agency.

The second option can be exercised as a matter of right only by an employee who does not have gaps in his service. However, a gap of not more than one month may be allowed provided same is not due to his fault.

The option to transfer accumulated leave credits can be exercised within one (1) year only from the employee's transfer to the new agency.

This provision is not applicable to transfer of leave credits of uniformed personnel from the military to the civilian service.

SECTION 48. Remedy when Transfer of Leave Credits is Denied. — An official or employee who failed to transfer his leave credits to the new office in line with the provisions in the preceding section, may claim the money value of such leave credits from the office where earned.

SECTION 49. Period Within which to Act on Leave Application. — Whenever the application for leave of absence, including terminal leave, is not acted upon by the head of agency or his duly authorized representative within five (5) working days after receipt thereof, the application for leave of absence shall be deemed approved.

SECTION 50. Effect of Unauthorized Leave. — An official/employee who is absent without approved leave shall not be entitled to receive his salary corresponding to the period of his unauthorized leave of absence. It is understood, however that his absence shall no longer be deducted from his accumulated leave credits, if there are any.

SECTION 51. Application for Vacation Leave. — All applications for vacation leave of absence for one (1) full day or more shall be submitted on the prescribed form for action by the proper head of agency five (5) days in advance, whenever possible, of the effective date of such leave.

SECTION 52. Approval of Vacation Leave. — Leave of absence for any reason other than illness of an official or employee or of any member of his immediate family must be contingent upon the needs of the service. Hence, the grant of vacation leave shall be at the discretion of the head of department/agency.

SECTION 53. Application for Sick Leave. — All applications for sick leave of absence for one full day or more shall be made on the prescribed form and shall be filed immediately upon employee's return from such leave. Notice of absence, however, should be sent to the immediate supervisor and/or to the agency head. Application for sick leave in excess of five (5) successive days shall be accompanied by a proper medical certificate.

Sick leave may be applied for in advance in cases where the official or employee will undergo medical examination or operation or advised to rest in view of ill health duly supported by a medical certificate.

In ordinary application for sick leave already taken not exceeding five days, the head of department or agency concerned may duly determine whether or not granting of sick leave is proper under the circumstances. In case of doubt, a medical certificate may be required.

SECTION 54. Approval of Sick Leave. — Sick leave shall be granted only on account of sickness or disability on the part of the employee concerned or of any member of his immediate family.

SECTION 55. Rehabilitation Leave for Job-Related Injuries. — Applications of officials and employees for leave of absence on account of wounds or injuries incurred in the performance of duty must be made on the prescribed form, supported by the proper medical certificate and evidence showing that the wounds or injuries were incurred in the performance of duty. The head of department/agency concerned shall direct that absence of an employee during his period of disability thus occasioned shall be on full pay, but not to exceed six (6) months. He shall also authorize the payment of medical attendance, necessary transportation, subsistence and hospital fees of the injured person. Absence in the case contemplated shall not be charged against sick leave or vacation leave, if there are any.

SECTION 56. Leave Without Pay. — All absences of an official or employee in excess of his accumulated vacation or sick leave credits earned shall be without pay.

When an employee had already exhausted his sick leave credits, he can use his vacation leave credits but not vice versa.

SECTION 57. Limit of Leave Without Pay. — Leave without pay not exceeding one year may be granted, in addition to the vacation and/or sick leave earned. Leave without pay in excess of one month shall require the clearance of the proper head of department or agency.

SECTION 58. When Leave Without Pay is Not Allowable. — Leave without pay shall not be granted whenever an employee has leave with pay to his credit except in the case of secondment.

SECTION 59. Seconded Employee on Leave Without pay from his Mother Agency. — The seconded employee shall be on leave without pay from his mother agency for the duration of his secondment, and during such period, he may earn leave credits which is commutable immediately thereafter at and payable by the receiving agency.

SECTION 60. Effect of Vacation Leave Without Pay on the Grant of Length of Service Step Increment. — For purposes of computing the length of service for the grant of step increment, approved vacation leave without pay for an aggregate of fifteen (15) days shall not interrupt the continuity of the three-year service requirement for the grant of step increment. However, if the total number of authorized vacation leave without pay included within the three-year period exceeds fifteen (15) days, the grant of one-step increment will only be delayed for the same number of days that an official or employee was absent without pay.

SECTION 61. Effect of Pending Administrative Case Against an Official or Employee. — Where officials or employees have pending formal administrative charges against them, no vacation leave with pay shall be granted the respondent during the pendency of the case.

SECTION 62. Effect of Failure to Report for Duty After Expiration of One Year Leave. — If an official or an employee who is on leave without pay pursuant to Section 57 hereof, fails to report for work at the expiration of one year from the date of such leave, he shall be considered automatically separated from the service.

SECTION 63. Effect of Absences Without Approved Leave. — An official or an employee who is continuously absent without approved leave for at least thirty (30) calendar days shall be considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. He shall, however, be informed, at his address appearing on his 201 files of his separation from the service, not later than five (5) days from its effectivity.

If the number of unauthorized absences incurred is less than thirty (30) calendar days, a written Return-to-Work Order shall be served to him at his last known address on record. Failure on his part to report for work within the period stated in the order shall be a valid ground to drop him from the rolls.

SECTION 64. Status of the Position of an Official or Employee on Vacation Leave or Sick Leave. — While the incumbent is on vacation or sick leave with or without pay, his position is not vacant. During the period of such leave therefore, only substitute appointment can be made to such position.

SECTION 65. Effect of Decision in Administrative Case. — An official or employee in the government who is separated from the service for cause shall forfeit his leave credits.

SECTION 66. Effect of Exoneration from Criminal/Administrative Case. — In general, officials and employees who have been dismissed from the service but who were later exonerated and thereafter reinstated, are entitled to the leave credits during the period they were out of the service. cdasia

SECTION 67. Cause for Disciplinary Action. — Any violation of the leave laws, rules or regulations, or any misrepresentation or deception in connection with an application for leave, shall be a ground for disciplinary action. (Amendments to Rules I and XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 (Executive Order 292), CSC Memorandum Circular No. 41-98, [December 24, 1998])

RULE XVII Government Office Hours

SECTION 1. * It shall be the duty of each head of department or agency to require all officers and employees under him to strictly observe the prescribed office hours. When the head of office, in the exercise of his discretion allows government officials and employees to leave the office during the office hours and not for official business, but to attend socials/events/functions and/or wakes/interments, the same shall be reflected in their time cards and charged to their leave credits.

SECTION 2. Each head of department or agency shall require a daily record of attendance of all the officers and employees under him including those serving in the field or on the water, to be kept on the proper form and, whenever possible, registered on the bundy clock.

Service "in the field" shall refer to service rendered outside the office proper and service "on the water" shall refer to service rendered on board a vessel which is the usual place of work.

SECTION 3. Chiefs and Assistant Chiefs of agencies who are appointed by the President, officers who rank higher than these chiefs and assistant chiefs in the three branches of the government, and other presidential appointees need not punch in the bundy clock, but attendance and all absences of such officers must be recorded.

SECTION 4. Falsification or irregularities in the keeping of time records will render the guilty officer or employee administratively liable without prejudice to criminal prosecution as the circumstances warrant.

SECTION 5. Officers and employees of all departments and agencies except those covered by special laws shall render not less than eight hours of work a day for five days a week or a total of forty hours a week, exclusive of time for lunch. As a general rule, such hours shall be from eight o'clock in the morning to twelve o'clock noon and from one o'clock to five o'clock in the afternoon on all days except Saturdays, Sundays and Holidays.

SECTION 6. Flexible working hours may be allowed subject to the discretion of the head of department or agency. In no case shall the weekly working hours be reduced in the event the department or agency adopts the flexi-time schedule in reporting for work.

SECTION 7. In the exigency of the service, or when necessary by the nature of the work of a particular agency and upon representations with the Commission by the department heads concerned, requests for the rescheduling or shifting of work schedule of a particular agency for a number of working days less than the required five days may be allowed provided that government officials and employees render a total of forty hours a week and provided further that the public is assured of core working hours of eight in the morning to five in the afternoon continuously for the duration of the entire workweek.

SECTION 8. Officers and employees who have incurred tardiness and undertime, regardless of the number of minutes per day, ten (10) times a month for at least two (2) consecutive months during the year or for at least two (2) months in a semester shall be subject to disciplinary action. (Amendment of Section 8, Rule XVII of the Omnibus Rules Implementing Book V of E.O. No. 292, CSC Memorandum Circular No. 34-98, [August 11, 1998])

SECTION 9. Off-setting of tardiness or absences by working for an equivalent number of minutes or hours by which an officer or employee has been tardy or absent, beyond the regular or approved working hours of the employees concerned, shall not be allowed.

SECTION 10. When the interest of public service so requires, the daily hours of work for officers and employees may be extended by the head of the agency concerned, which extension shall be fixed in accordance with the nature of the work. Provided, That work in excess of eight (8) hours must be properly compensated.

RULE XVIII Prohibitions

SECTION 1. No appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations with original charters or their subsidiaries, unless otherwise allowed by law or by the primary functions of his position.

SECTION 2. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double or indirect compensation.

SECTION 3. No officer or employee in the Civil Service including the members of 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 to 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.

SECTION 4. No laborers, whether skilled, semi-skilled or unskilled shall be assigned to perform clerical duties.

SECTION 5. No detail or reassignment shall be made within three months before any election.

SECTION 6. No appointments in the national, provincial, city and municipal government or in any branch or instrumentality thereof, including government-owned or controlled corporations with original charters shall be 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 the appointee.

Unless otherwise specifically provided by law, as used in this Section, the word "relative" and the members of the family referred to are those related within the third degree either of consanguinity or of affinity.

The following are exempted from the operation of the rules on nepotism: (a) persons employed in a confidential capacity; (b) teachers; (c) physicians; (d) 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 the first paragraph of this Section 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.

Cases of previous appointment 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.

SECTION 7. No discrimination shall be exercised, threatened or promised against, or in favor of, any person examined or to be examined or employed, by reason of his political or religious opinions or affiliations, sex or civil status.

SECTION 8. * No officer or employee under administrative investigation shall be allowed to resign pending decision of his case.

In case of compulsory retirement, the case shall continue to be investigated for purposes of determining the employees' entitlement to retirement benefits. The disciplinary authority shall decide the case within 90 days.

SECTION 9. Such other prohibitions contained in other laws on administrative matters are deemed incorporated herein.

RULE XIX Miscellaneous Provisions

SECTION 1. The Commission shall have authority to promulgate such regulations in pursuance and in execution of these Rules.

SECTION 2. The Commission shall prescribe all forms for application, examination, certification, appointment, reports, records and such other forms as may be required under these Rules.

SECTION 3. The Commission shall collect and charge fees for civil service examinations, certifications and civil service ratings, service records, 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 no examination fees shall be collected in examinations given for the selection of scholars.

SECTION 4. The income of the Commission from fees, costs for services it may assess and levy, and such other proceeds generated in the performance of its functions shall be directly utilized by the Commission for its expense.

SECTION 5. 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.

SECTION 6. 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. The appointing authority responsible for such unlawful employment shall be personally 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 the salary of the officers so liable.

SECTION 7. 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.

SECTION 8. Whoever makes any appointment or employs any person in violation of any provision of these Rules 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.

SECTION 9. If any section or part of these Rules shall be held to be invalid, the remaining provisions shall be given full force and effect as completely as if the part held invalid had not been included therein.

SECTION 10. All existing Civil Service rules and regulations, Circulars and Memoranda inconsistent with these Rules are hereby repealed or amended accordingly.

SECTION 11. These Rules shall take effect 30 days after the completion of its publication in the Official Gazette or in a newspaper of general circulation.

(Omnibus Rules Implementing Book V of Executive Order No. 292 and Other Pertinent Civil Service Laws, [1995])