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VII HUMAN RESOURCE MANAGEMENT

AND D EV ELO PM EN T PO L IC IE S

The efficiency and effectiveness of the services that the DECS


offers to the public depend largely on the performance of its human
resource. Hence, the need for sound selection, good management and
continuous development of its manpower.

C hapter 1. Personnel M anagement

Section 1. Coverage of the Civil Service

There are two general categories of service in the government as


provided for in Section 6, Chapter 2, Book V, Executive Order 292. These
are the career service and the non-career service.

1.1 Career Service - Entrance in the career service is based on merit and
fitness determined as far as practicable by competitive examinations, as
based on highly technical qualifications. Persons appointed to positions in
the career service have opportunities for advancement to higher career
positions and they enjoy security of tenure.

1.1.1 Positions in the career service are grouped into three major levels:

a) The First Level Positions include clerical, trades, crafts and


custodial positions, entrance to which requires less than four
(4) years of college work. The nature of work is sub
professional, or non-supervisorv.

b) The Second Level Positions include professional, technical


and scientific positions which involve professional,
technical or scientific work in a non-supervisory or
supervisor}' capacity and requires at least four (4) years of
college work.

c) The Third Level Positions cover those in the Career


Executive Service which include, undersecretaiy, assistant
secretary, bureau director (department-wide and bureau
wide), assistant regional director (department-wide and
bureau-wide), chief of department service, schools division

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superintendent, assistant schools division superintendent,
and other officials of equivalent rank.

1 2 Non-Career Service - This includes positions entrance to which is not


necessarily based on the usual tests of merit and fitness and the tenure is
limited to a period specified by law, or which is coterminous with that or
subject to his pleasure of the appointing authority, or which is limited to the
duration of a particular project for which purpose employment was made.

The Non-Career Service includes the department secretaries and their


personal or confidential staff, contractual personnel, emergency and
seasonal personnel.

Section 2. Recruitm ent and Selection

2.1 Recruitment is the process of searching for, and identifying, job


candidates in sufficient quantity1 and quality to meet current and future
organizational needs.

2.1.1 Positive efforts shall be exerted to attract the most qualified


applicant. Employees shall be selected on the basis of merit and fitness
to perform the duties and assume the responsibilities of the position in
accordance with the existing laws, rules and regulations.

2.1.2 If covered by R.A. 7041, the vacant positions shall be posted in


three (3) conspicuous places in the offices for a period of ten (10) days.
A copy of the list shall be submitted to the CSC Office concerned for
publication in the Bulletin of Vacancies in the Civil Service. Vacant
positions shall not be filled-up until ten (10) working days have lapsed
from the time of publication.

In case of chain promotion, anticipated vacancies may be published


simultaneously with the existing vacant position(s).

In case of renewal of appointments, publication may be done prior


to its expiration.

2.1.3 When positions in the career service become vacant employees,


whether incumbents of next-in-rank positions or not, who meet the
minimum position requirements may apply and be considered for
promotion/appointment. Qualified next-in-rank employees in the office
where the vacancy exists are automatically included in the ranking.

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As a general rule, when the position in the first level of the career
services becomes vacant, selection is department-wide. When a position
at the second level of the career service becomes vacant, selection is
government-wide.

No officer/employee who is on study leave or secondment shall be


considered for promotion during the period of his study leave or
secondment.

2.2 Selection Procedures. Based on the existing merit promotion plan and
other relevant rules and regulations, the most qualified and the most
competent from among the applicants/candidates shall be selected for the
vacant position. For this purpose, applicants/candidates shall be screened by
the Selection Board (SB). The SB shall be responsible for the adoption of a
formal screening procedure and formulation of criteria for the evaluation of
applicants/candidates for promotion/appointment.

2.2.1 For First and Second Level Positions. The Selection Board shall
have the following composition:

a) Central Office Selection Board

The undersecretary for administration;


The highest official of the department directly responsible
for personnel management;
The head of the organizational unit where the vacancy is;
A representative of the rank and file employees, one (1)
from the first level and one (1) from the second level. The
former shall sit during the screening for vacancies in the
first level, while the latter shall sit during the screening for
vacancies at the second level.

b) The Regional Office Selection Board

Assistant Regional Director Chairman


Administrative Officer V Member
Schools Division Superintendent
where the vacancy exists -do-
Elected representatives of the rank
and file employees -do-

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The School Division Selection Committee

Assistant Schools Division Supt. Chairman


Administrative Officer III Member
Public Schools District Supervisor
where the vacancy exists -do-
Elected representatives of the rank
and file employees -do-

The School Selection Committee

Assistant Secondary School Principal/


ranking Department Head Chairman
Administrative Officer/Administrative *
Assistant Member
Department Head where the vacancy
exists -do-
Elected representatives of the rank
and file employees do-

2.2.2 The Selection Committee of the Office concerned meets to


determine the comparative degree of competence and qualification of
applicants by the extent to which they meet the following requirements:

a. Performance - This is based on the last performance rating. To


qualify for promotion, performance ratings should at least be
Very Satisfactory.

b. Outstanding Accomplishment - Includes accomplishments


worthy of special commendation.

c. Relevant Experience and Specialized Training - This consists of


the performance of duties/functions relevant to the next higher
position over a period expressed in years with every year given
a point but not to exceed five points equivalent to five (5 years.

d. Education and Training - Education refers to the educational


background; training refers to the completion/attendance of
training programs/seminars/workshops/conferences. Such

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education and training should be relevant to the duties of the
position to be filled.

e. Physical Characteristics and Personality Traits - These refer to


physical fitness, attitudes and personality traits of the
applicant/candidate which have bearing on the position to be
filled.

f. Potential - This takes into account the applicants/candidates


capacity to perform the duties and assume responsibility of
higher and more responsible positions.

2.2.3 Instruments/Tools Used

a. Merit Promotion Plan (issued through DECS Order No. 8, s.


1993) - Provides guidelines, policies and procedures for
recruitment, selection and appointment.

b. System o f Ranking Positions (issued through DECS Order No.


54, s. 1993) - Includes alignment of positions into their
hierarchical order in function and grade allocation and sets of
criteria and procedures in ranking applicants/candidates.

c. Qualification Standards Manual - Contains the minimum


requirements set for each position expressed in terms of
education, training and experience, and civil service eligibility.
For common positions, CSC QSM of 1997 is used; for unique
DECS positions, the DECS QSM of 1995 is used.

d. Performance Appraisal System (DECS Order No. 101, s. 1990).

2.2.4 Documents required of the applicant/candidate for ranking


purposes:

a. Personal Data Sheet (CS Form 212)

b. Certified true copies (by the Records Officer or duly authorized


official of the agency concerned) o f the following:

transcript of records
CSC report of ratings
certificate of completion of attendance in conference/
training program/seminar/workshop
certificate of scholarship enjoyed/awards received
complete service records
latest performance rating

2.2.5 Forms used in evaluation/ranking

Evaluation Form Nos. II and III (DECS Order No. 54,


s. 1993)

2.2.6 Lack of confidence shall not be accepted as special reason for


disqualifying an employee for promotion. The special reason must be
real and substantial to be considered sufficient for his disqualification.

2.2.7 Pendency of an administrative case shall not disqualify


respondent for promotion or from clearing maternity or paternity
benefits. (CSC M.C. No. 19, s. 1999)

2.2.8 Only applicants who meet the minimum requirements shall be


considered for evaluation.

2.2.9 Candidates for the following appointments shall no longer be


subject to the screening of the SB:
a. Substitute appointment.
b. Appointment to entry laborer positions.
c. Change of status of appointment from temporary to permanent.

2.2.10 In exceptional cases, 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 promotion to the
position.

2.2.11 As soon as an appointment is issued, a notice of said


promotion/appointment shall be posted on the Bulletin Board.

2.2.12 Selection Procedures for Third Level Positions in the


Central/Regional/Division Offices.

a) A National Search Committee (NSC) organized through DECS


Memorandum No. 305. s. 1998 has the Undersecretary for
Programs and Projects and Regional Operations as its

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Chairman. The members include representatives from the
academe (one from the public and one from the private), Civil
Service Commission, Association of Bureau and Regional
Directors, Philippine Association of Schools Superintendents
and former DECS Undersecretaries or Assistant Secretaries.

b) The Secretariat of the NSC headed by the Personnel Division


Chief, announces the vacancy/vacancies, gathers all applications
received and determines who are to be included on the list of
qualified applicants/candidates.

c) The NSC meets as a panel to evaluate documents of


applicants/candidates; conducts interviews, background
information; and other selection tests/procedures as may be
deemed necessary; and determines the most qualified
applicants/candidates. It prepares a ranking list of candidates.

d) For the position of Regional Directors (RDs) and Assistant


Regional Directors (ARDs), the Secretary of Education submits
to the Office of the President the names of at least three (3)
recommendees for every position to be filled up together with
the supporting documents required in the Memorandum of the
President dated July 7, 1998.

e) In the case of Schools Division Superintendents (SDSs) and


Assistant Schools Division Superintendents (ASDSs), a short
list of the most ranking applicants/candidates is sent to the
region where the vacancy exists for consultation with the local
School Board in accordance with the Local Government Code
of 1991. The regional director then forwards to the DECS
Secretary the names of at least three (3) recommendees for
every position to be filled up in a division. The DECS Secretary'
submits a final list to the Office of the President together with
the required documents.

f) The selection of appointees to the vacant positions of RD, ARD,


SDS and ASDS shall be based on a ranking of
applicants/candidates nationwide. Appointments to these
positions are national in scope.

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Section 3. Appointments

3.1 Appointments may either be through promotion, transfer, reinstatement,


reemployment or original on the basis of certification of appropriate civil
service eligibility.

3.2 Common requirements for regular appointments

3.2.1 Form - The appointment in triplicate copies, shall be in the


prescribed CS Form 33 (Revised 1998) for regular employees or the
Piantilla Form No. 001 for casuals. Original copies shall not be filled
out using photocopied forms.

3.2.2 Signature o f the appointing authority - The original copy of the


appointment must be signed and at least the succeeding two (2) copies
initialed by the appointing authority.

3.2.3 Position title - The position title shall conform to the approved
Position Allocation List, The salary grade shall be indicated after the
position title.

3.2.4 Employment status - The employment status shall be indicated on


the space provided therefor.

3.2.5 Date o f signing - The date of signing, which is the date of the
issuance of die appointment, shall be indicated below the signature or
the initial of the appointing authority.

3.2.6 Personal Data Sheet - The appointees Personal Data Sheet (CS
Form 212, Revised 1998) should be properly and completely
accomplished by the appointee. It shall be attached to the appointment
and shall contain an authorization that the agency head or his authorized
representative can verify/validate the contents therein. An updated
Personal Data Sheet shall be required for appointment o f substitute
teachers and renewal of appointment of contractual and casual
personnel.

3.3 Employment Status in General - Employment status may be permanent,


temporary, substitute, coterminous, casual or contractual.

3.3.1 A permanent appointment is issued to a person who meets all the


minimum qualification requirements o f the position to which he is being

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s'

appointed including the appropriate eligibility. This includes all levels


of positions.

3.3.2 A temporary appointment is issued to a person who, except for the


appropriate eligibility, meets all other requirements the education,
experience and training requirements for the position to which he is
being appointed. Only in the absence of a qualified eligible as certified
by the Civil Service Regional Office can a temporary appointment be
issued. The appointment shall be for a period not to exceed twelve (12)
months reckoned from the date it was issued. The appointee may,
however, be replaced sooner if a qualified eligible becomes actually
available.

3.3.3 A substitute appointment is issued when the regular incumbent of


a position is temporarily unable to perform the duties of his position, as
when he is on approved leave of absence/suspension/ scholarship
grant/secondment. A substitute appointment is issued only if the leave
of absence of the incumbent is at least three (3) months, except in the
case of teachers.

3.3.4 A coterminous appointment is issued to a person whose entrance


and continuity in the service is based on the trust and confidence of the
appointing authority or head of unit or co-existential with the
incumbent; or limited by the duration of the projects; or co-existent with
the period for which an agency or office was created.

Appointments of personnel under foreign-assisted projects shall be


coterminous with the project. The name and completion date shall be
indicated in the appointment.

3.3.5 A contractual appointment is issued to a person who shall


undertake a specific work or job for a limited period not to exceed one
year. The inclusive period shall be indicated on the appointment for
purposes of crediting services.

3.3.6 Casual appointments are issued only for essential and necessary
services where there are not enough regular staff to meet the demands of
the service.

3.4 Employment Status of Teachers

3.4.1 Regular permanent - issued to a teacher who meets all the


requirements of the position
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3.4.2 Provisional - issued to a teacher who meets all the requirements
of die position except the eligibility.

3 4.3 Substitute - issued to a teacher when the regular incumbent o f the


position is temporarily unable to perform the duties o f the position.

3.5 Nature of Appointment

3.5.1 Original - refers to the initial entry into the career and non-career
service. However, for those in the career service, the first six (6)
months of service following an original appointment shall be
probationary in nature and the appointee 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. Such action is appealable to the
CSC

3.5.2 Promotion - is the advancement o f an employee from one


position to another with an increase in duties and responsibilities 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 within the same department or agency.

3.5.3 Transfer - is the movement of employee from erne position to


another which is of equivalent rank, level or salary without break in the
service.

a) The transfer may be from one department or agency to another


or from one organizational unit to another in the same
department or agency. Any movement from the non-career to
the career service shall not be considered a transfer.

b) An employee who seeks transfer to another office shall first


secure permission from the head o f the department or agency
where he is employed stating the effective date of the transfer.
If the request to transfer is not granted by the head of office
where he is employed, it shall be deemed approved after 30
days from the date o f notice to the agency head.

c) If the employee fails to transfer on the specified date, he shall be


considered resigned and his reemployment shall be at the
discretion of the head of the office. A transfer is effective on

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the day following foe last day of service of foe employee in his
former office.

3.5.4 Reemployment - is foe reappointment o f a person who has been


previously appointed to a position in foe career or non-career service
and was separated therefrom as a result of reduction in force,
reorganization, retirement, voluntary resignation, non-disciplinary
actions such as dropping from foe rolls and other modes o f separation
Reemployment presupposes a gap in foe service.

No prior authority shall be required for foe reemployment of a


person who has been previously retired and who has not reached the
compulsory retirement age of 65.

3.5.5 Reappointment - is foe re-issuance of an appointment during


reorganization, devolution, salary standardization, re-nationalization or
similar events. Reappointment presupposes no gap in foe service

3.5.6 Reinstatement - is foe issuance of an appointment to a person who


has been previously appointed to a position in foe career service and
who has, through no delinquency or misconduct, been separated
therefrom or to one who has been exonerated of foe administrative
charges unless foe decision exonerating him specifies restoration to his
previous position.

An employee who has been exonerated or who has been illegally


terminated is deemed not to have left foe service.

3.5.7 Renewal - refers to foe subsequent appointment issued upon foe


expiration of the appointment of foe contractual/casual personnel, or
temporary appointment, if a qualified eligible is not actually available,
as certified by foe Civil Service Regional Director or Field Officer.
Renewal presupposes no gap in foe service.

3.6 Change of Status

3.6.1 Temporary to permanent - A permanent appointment is issued to


a temporary employee when he acquires the appropriate eligibility or
becomes fully qualified for foe position to which he is appointed.

3.6.2 Provisional to regular (permanent) - This appointment is issued


when a provisional teacher qualifies and is registered as a professional
teacher.
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3.7 Demotion - is the movement of an employee from one position to
another with reduction in salary and is not disciplinary in nature. In case a
demotion involves reduction in salary and is non-disciplinary, a written
consent shall be secured from the demoted employee.

Appointment as a result o f voluntary demotion shall be at the hiring rate


for the class of the position.

3.8 Upgrading/Reclassification - refers to the change in position title with


the corresponding increase in salary grade. This requires issuance o f an
appointment.

3.8.1 The incumbent of a position in a permanent capacity which has


been upgraded/reclassified shall be appointed to the
upgraded/reclassified position without change in employment status,
irrespective of whether or not he meets the qualification requirements
therefore. However, he shall no longer be promoted to the next higher
position unless he meets the qualification requirements o f the position
involved.

3.9 Other Personnel Movements

The following personnel movements which will not require issuance of


an appointment shall nevertheless require an office order issued by a duly
authorized official:

3.9.1 Reassignment - 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.

3.9.2 Detail - temporary movement of an employee from one


department or agency to another office or agency and does not involve a
reduction in rank, status or salary.

The detailed employee receives his salary from his mother


unit/agency.

Detail shall be allowed only for a maximum period of one (1) year
in the case of employees occupying professional, technical or scientific
positions. Detail beyond one (1) year may be allowed provided it is
with the consent of the detailed employee.

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3.9.3 Secondment - 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 o f an appointment which may either involve
increase in compensation and benefits. Acceptance thereof is voluntary
cm the part o f die employee.

Secondment shall be governed by the following general


guidelines:

a) Secondment shall be limited to employees occupying


managerial, professional, technical or scientific positions.

b) Secondment to international bodies/organizations recognized


by the Philippine government may be allowed.

c) Secondment for a period o f one (1) year or more shall be


subject to approval by the CSC. in case die secondment of
less than one (1) year is extended and such extension shall
cover a total period o f one year or more, the extension shall
be subject to the CSCs approval.

d) Approval o f the secondment shall be subject to the following


conditions:

A memorandum o f agreement or contract for


secondment between the mother and receiving agency
and concurred in by the employee shall be submitted to
CSC within 30 days from signing o f die contract.

A seconded employee shall not be allowed to report to


the receiving agency earlier than the date o f signing of
die memorandum o f agreement.

The period o f secondment shall be for a maximum of


three (3) years except otherwise provided by law or as
required under bilateral/muhilateral agreements.

e) Any violation of the provisions o f the memorandum of


agreement shall be ground for discontinuance thereof without
prejudice to the filing of disciplinary action against the
person/s responsible for the violation.

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f) Acceptance o f scholarship by seconded employee shall
terminate die secondment.

g) Payment o f salaries o f seconded employee shall be borne by


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

h) The seconded employee shall be on leave without pay in his


mother agency for the duration o f his secondment, and during
such period, he may earn leave credits which are commutable
immediately thereafter and payable by the receiving agency.

3.9.4 Job Rotation - the sequential or reciprocal movement o f an


employee from one office to another or from one division to another
within the same agency as a means for developing and enhancing the
potentials o f people in an organization by exposing them to other work
functions of the agency.

3.95 Designation - is merely an imposition of additional duties to be


performed by a public official with corresponding title or position,
which is temporary and can be terminated anytime at the pleasure o f the
appointing authority.

3.10 Other Personnel Rules

3.10.1 Adjustment or movement of personnel which does not involve


changes in position title, rank or status does not need the issuance o f
appointment.

3.10.2 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 o f the position, he
shall be entitled to receive the salary at once without awaiting the
approval of his appointment by the CSC. The appointment shall remain
effective until disapproved by the CSC. In no case shall an appointment
take effect earlier than the date o f its issuance.

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In case o f disapproved appointment, the services o f the appointee
should be terminated unless a motion for reconsideration or appeal has
been seasonably filed. If the appointment o f a person who has assumed
the duties o f the position is disapproved by foe CSC for not having met
foe qualification standards for foe position, foe appointee shall be paid
his salary from foe date o f his assumption o f duty, which should not be
earlier than foe date o f issuance o f foe appointment, up to foe day foe
disapproval becomes final.

3.10.3 No appointment shall be made effective earlier than foe date of


issuance accept in foe case of change of status for having acquired a
civil service eligibility or in case o f a teacher having acquired a valid
certificate o f registration and valid professional license. (Rule IV, M.C.
No. 15, s. 1999)

The effectivity o f foe change of status should be foe date of release


o f foe result o f examination and/or foe date o f issuance o f appropriate
license/s.

However, change of status of appointment from temporary to


permanent because o f completion of foe required education, training and
experience, shall be effective upon presentation of the proof thereto and
its corresponding indorsement from the appointing authority.

3.10.4 No official or employee shall be required to assume duty


without being furnished with a copy o f his appointment after it is issued
by foe appointing authority. The appointee shall acknowledge receipt of
foe appointment by signing on the duplicate and other copies of said
appointment.

3.10.5 The services rendered by any person who was required to


assume foe duties and responsibilities of any position without an
appointment having beat issued by foe appointing authority, shall not be
credited and shall be foe personal accountability o f foe official who
made him assume office.

3.10.6 When an appointment covered by the period of COMELEC ban


is to be issued, prior exemption from foe COMELEC shall be secured
and attached to the appointment.

3.10.7 An appointment shall be submitted to foe Civil Service


Commission Office concerned within thirty (30) days from foe date of
issuance, which shall be the date indicated below the signature o f the
appointing authority. Otherwise, it shall be made effective thirty (30)
days prior to die date of submission to CSC.

3.10.8 If die appointee does not assume office within thirty (30)
calendar days from die receipt o f die approved appointment, the same
may be cancelled by the appointing authority and reported to the
Commission for record purposes.

3.10.9 Renewal o f (temporary) appointments require prior publication


under R.A. 7041. To avoid gap in die services o f die holder o f
temporary appointment where appointments are subject to the renewal,
publication should be made about two (2) months prior to the expiration
thereof.

In case of chain promotion, anticipated vacancies may be published


simultaneously with the existing vacant position/s.

Section 4. Modes of Separation

4.1 Resignation. The following documents shall be submitted to the CSC for
record purposes:

4.1.1 The voluntary written notice o f the employee informing the


appointing authority that he is relinquishing his position and die
effectivity date o f said resignation;

4.1.2 The acceptance of resignation in witting by die agency head or


appointing authority which shall indicate the date o f effectivity o f the
resignation; and

4.1.3 The notice o f resignation o f an officer or employee under


investigation pending decision o f his case without prejudice to die
continuation o f the proceedings until finally terminated.

4.2 Dropping from the Rolls. Officers and employees who are either
habitually absent or have unsatisfactory or poor performance or have shown
to be physically and modally unfit to perform their duties may be dropped
from die rolls subject to the following procedures;

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4.2.1 Absence without approved leave
a) An officer or employee who is continuously absent without
approved leave (AWOL) for at least thirty (30) working days
shall be separated from die service or dropped from the rolls
without prior notice. He shall however be informed o f his
separation from the service not later than five (5) days from
its effectivity which shall be sent to the address appearing on
his 201 files or to his last known address; and
b) If die number o f unauthorized absences incurred is less than
thirty (30) working days, a written Retum-to-Work Order
shall be served on the official or employee 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.

4.2.2 Unsatisfactory or Poor Performance


a) An official or employee who is given two (2) consecutive
unsatisfactory ratings may be dropped from the rolls after due
notice. Notice shall mean that the officer or employee
concerned is informed in writing of his unsatisfactory
performance for a semester and is sufficiently warned that a
succeeding unsatisfactory performance shall warrant his
separation from the service. Such notice shall be given not
later than 30 days from die end o f the semester and shall
contain sufficient information, which shall enable the
employee to prepare the explanation.
b) An official or employee, who for one evaluation period is
rated poor in performance, may be dropped from the rolls
after due notice. Due notice shall mean that the officer or
employee is informed in writing of the status o f his
performance not later than the 4* month of that rating period
with sufficient warning that failure to improve his
performance within die remaining period o f the semester shall
warrant his separation from the service. Such notice shall also
contain sufficient information, which shall enable die
employee to prepare an explanation.

4.2.3 Physically and Mentally Unfit

a) An officer who is continuously absent for more than one (1)


year by reason o f illness may be declared physically unfit to
perform his duties and the head o f the office in the exercise of
his sound judgement may consequently drop him from the
rolls.

b) An officer or employee who is intermittently absent by reason


o f illness for at least 260 working days during a 24-month
period may also be declared physically unfit by the head of
office.

c) An officer or employee who is behaving abnormally for an


extended period which manifests continuing mental disorder
and incapacity to work as repotted by his co-workers or
immediate superior and confirmed by the head o f office, may
likewise be dropped from the rolls.

d) For foe purpose of foe three (3) preceding paragraphs, notice


shall be given to foe employee containing a brief statement of
foe nature o f his incapacity to work.

4.2.4 The officer or employee who is separated from foe service


through any o f foe above modes has foe right to appeal his case to foe
CSC or its regional office within 15 days from foe receipt o f such order
or notice of separation.

4.2.5 The order of separation is immediately executory pending appeal,


unless foe CSC, on meritorious grounds, directs otherwise.

4.2.6 Separation from foe service for unauthorized absences or


unsatisfactory or poor performance or physical and mental incapacity is
non-disciplinary in nature and shall not result in foe forfeiture o f any
benefits on foe part of foe official or employee nor in disqualifying him
from reemployment in foe government.

4.2.7 The written notice mentioned in the preceding paragraphs may be


signed by foe person exercising foe supervision over foe official or
employee. However, foe notice o f separation shall be signed by foe
appointing authority or head o f office.

4.3 Dismissal. A certified true copy o f foe decision rendered where foe
penalty o f dismissal was imposed shall be submitted to foe CSC.

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4.4 For other modes o f separation such as termination/expiration of
temporary appointment, retirement, or death, a notice stating die date of
such separation shall be submitted to die CSC.

Section 5. Prohibitions on A ppointments

5.1 No appointive official shall hold any other office or employment in die
government unless otherwise allowed by law or by the primary functions of
his position.

5.2 No elective official shall be eligible for appointment in any capacity to


any public office or position during his tenure.

5.3 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 Congress, any present,
emolument, office or title o f any kind from any foreign government.

5.4 A person who lost in an election (except Barangay Election) shall not be
eligible for appointment or reemployment to any office in the government or
government-owned or controlled corporation within one (1) year following
such election.

5.5 An employee, who files a certificate o f candidacy, even if later on is


disqualified or has withdrawn, is still considered resigned.

5.6 An employee who has resigned from the government service during the
three-month period before any election to promote die candidacy o f another
shall not be reemployed during die six-month period following such
election.

5.7 No detail or reassignment shall be made within three (3) months before
any election unless with the permission o f the COMELEC.

5.8 No officer or employee in die civil service including members of die


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.

5.9 No appointment shall be made in favor o f a relative of the appointing


authority or recommending authority, or of the chief o f bureau or office of
166
the person exercising immediate supervision over die appointee. Exempted
from this rule are:

5.9.1 persons employed in a confidential capacity

5.9.2 teachers

5.9.3 physicians

5.10 No person who has been dismissed or perpetually excluded or


disqualified from the government service shall be appointed or reemployed
unless he has beat granted executive clemency.

5.11 No person who has readied compulsory retirement age o f 65 can be


appointed to any position in die government.

5.12 No person appointed to a position in the non-career service shall


perform the duties properly belonging to any position in die career service.

5.13 No consultant, contractual or non-career employee shall be designated


to positions exercising control or supervision over regular and career
personnel.

5.14 The CSC may, in meritorious cases, extend the services o f one who
has reached compulsory retirement age o f 65 years for a period o f six (6)
months. Such extension shall be at the maximum o f one (1) year for those
who will complete the fifteen (15) years o f service required under the GSIS
law. Request for extension shall be made by the head of office and shall be
filed with the CSC prior to die date of the officials/employees compulsory
retirement.

Services rendered during the period o f extension, for those who shall
complete the 15 years o f service required under GSIS law, shall be credited
as part of the government service; otherwise, the same shall not be credited
as government service for purposes o f retirement.

Officials and employees on service extension shall be entitled to


salaries, allowances and other remunerations, that are normally considered
part and parcel of an employees compensation package. Their entitlement
to such salaries, allowances, and other remunerations shall be subject to
existing regulations on the grant thereof. Such extension o f service shall not
entitle the employee to leave credits.

167
Section 6. Protest

6.1 A qualified next-in-rank may file his protest with the CSC or its
Regional Offices where the protested appointment was acted upon, against
such appointment made in fevor o f another if he is not satisfied with the
written special reason or reasons given by the appointing authority for such
appointment, within fifteen (15) days from notice o f issuance o f an
appointment.

6.2 A protest d u ll not tender an appointment ineffective but the same shall
be subject to the outcome o f the protest.

6.3 A protest may be withdrawn at any time as a matter o f right. The


withdrawal of the protest shall terminate the protest case.

6.4 A protest is deemed filed on the date shown by die post-mark on the
envelope in case sent by registered mail and on die date stamped by die CSC
or the Civil Service Regional Office in case o f personal delivery.

6.5 The head o f department or agency shall forward his comments and the
records o f the case to the CSC or to the Civil Service Regional Office within
ten (10) days from receipt o f die copy o f the protest.

6.6 hi case the protest is finally decided against die protestee, his
appointment shall be disapproved and he shall be reverted to his former
position.

Section 7. Eligibilities

7.1 CSC Eligibilities

7.1.1 Eligibility resulting from civil service examinations which


require less than four (4) years o f college studies shall be appropriate
for appointment to positions at the first level, and that examinations
which require at least four (4) years o f college studies shall be
appropriate for positions at the second level.

7.1.2 The names o f those who passed the bar or board examination
shall be automatically entered in die corresponding register o f eligibles
under Republic Act No. 1080 without need for issuance o f certificates.

7.1.3 Eligibility shall also be granted automatically to honor graduates,


subject to the provisions of Presidential Decree No. 907, as amended.
168
7.1.4 Eligibilities resulting from civil service, bar, and board
examination shall be effective on die date o f the release o f die results of
the examinations.

7.2 Licensure Examination fo r Teachers

7.2.1 Republic Act No. 7836 otherwise known as die Philippine


Professionalization o f Teachers Act of 1994, provides that no person
shall practice or offer to practice the teaching profession in the
Philippines without a valid certificate o f registration and a valid
professional license from the Professional Regulation Commission.

7.2.2 The professional license shall, unless the holder is exempted


from the Continuing Professional Education (CPE) requirement, be
renewed every other three (3) years on the birth month o f the
professional teacher.

7.3 Superintendent Eligibility

7.3.1 The CSC and the DECS jointly conduct open competitive
examinations fbr superintendents to establish a register of eligibles
from which appointments to position of Schools Division
Superintendents and Assistant Schools Division Superintendents shall
be made. An examinee should obtain a rating of at least 75% to be
considered a superintendent eligible; however, he can be certified fbr
appointment only after he has successfully completed the required
trainings conducted jointly by the DECS and the CSC.

7.4 Career Executive Service (CES) Eligibility

7.4.1 Passing the CES examination given by the Career Executive


Service Board (CESB), entitles the examinee to a conferment of a CES
eligibility and the inclusion o f his name in the roster of CES eligibles.

7.4.2 Stages o f CES examination

a) the Management Aptitude Test Battery (MATB) paper and


pencil test which measure managerial aptitude;

b) assessment of managerial capability and competence;

169
c) validation o f managerial capabilities; and

d) a final interview by a member o f the CES Board.

7.4.3 An incumbent o f a CES position may also qualify for the grant of
CES eligibility through the testimonial nomination process. The CESB,
however, limits the grant o f testimonial CES eligibility to highly
qualified and top-performing individuals. Upon conferment o f the CES
eligibility and compliance with requirements prescribed by the CESB,
an incumbent o f a CES position may qualify for appointment to a CES
rank by the President uponthe recommendation o f the CESB.

7.4.4 If foe CES eligible is applying for an ASDS, SDS, ARD, or RD


position, foe applicant is required to pass foe Superintendents
Examination before he/she can be assessed for managerial capability
and competence.

7.4.5 There are six (6) ranks in foe CES ranking structure as follows;

CES Rank Salary Grade (SO)


CESO I SG 30
CESOH SG 29
ceso in SG28
CESO IV SG27
CESOV SG 26
CESO VI SG25

7.4.6 H ie appropriate CESO rank to which a CES eligible may be


appointed depends on two (2) major qualification criteria, namely. 1)
level o f managerial responsibility; and 2) performance.

Section 8. Attendance and W ork H ours

8.1 All government officials and employees are required to render eight (8)
working hours a day for five (5) working days a week or a total o f forty (40)
hours a week, exclusive o f time for lunch.

Teachers, however, shall render six (6) working hours of actual


teaching and spend foe remaining two (2) hours to complete foe required
eight (8) hour s daily service in preparing lesson plans and instructional
devices or rendering other non-teaching services.

170
8.2 The normal working hours of government officials and employees shall
be:
8:00 a.m. 12:00 nn.
1:00 p.m. > 5:00 p.m.

8.3 The adoption o f flexitime shall be allowed in accordance with CSC MC


No. 14, s. 1989 (Adoption o f Flexible Working Hours in the Government
Service).

8.4 All officers and employees, except presidential appointees, shall record
their daily attendance on die proper form or, whenever possible, have them
registered on the bundy clock.

8.5 The record of attendance shall be kept in a conspicuous place in the


custody o f a responsible officer who shall monitor the arrival and departure
o f officials and employees.

8.6 Timecards shall be placed on the racks all die time.

8.7 Heads of offices shall be responsible for the attendance of their


personnel. (Book V of Executive Order 292 and Omnibus Rules, CSC MC
No. 40, s. 1998, CSC MC No. 15, s. 1999)

C h ap ter2 -StaffD evelopm ent

Section 1. Professional Growth

Every official and employee o f the government is an asset or


resource to be valued, developed and utilized in the delivery of basic
services to the public.

1.1 Training

The DECS shall establish a continuing program for career and


personnel development for all DECS personnel at all levels, and shall
create an environment or work climate conducive to the development
of personal skills, talents and values for better public service.

The Department units and offices shall prepare a competency based


career and personnel development plan which shall be integrated into a
national plan o f the Department to serve as the basis for all career and
personnel development activities in the DECS.

171
H ie Department offices shall implement all the programs therein and
provide support in accordance with the policies, rules, guidelines and
standards promulgated by the Civil Service Commission.

If performance appraisal indicates development needs, the individual


concerned shall undergo training or other appropriate human resource
development interventions designed to improve his/her performance
and productivity.

At foe national level, the DECS shall have a training staff which shall
be supported by all concerned officials in establishing a continuing
program for the development o f personnel.

Personnel who by virtue o f their positions or designations are assigned


as members o f 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.

The national, regional and field units of the department shall have a
human resource development office created or a staff assigned solely
for the purpose of attending to die agencys human resource
development functions, activities and requirements.

The training and development programs shall directly address or assess


training needs o f the regions and training priorities of DECS such as
enhancement o f 1) teaching competencies in identified areas of
priority; 2) administrators and supervisors competence; 3) non
teaching staff competencies in ensuring the delivery of prompt,
accurate and courteous frontline service and teamwork, and 4)
organizational efficiency and effectiveness through teamwork, positive
work ethic, networking and shared commitments.

All regions/divisions will set aside five percent (5%) of their MOOE
budget for HRD trainings to assure the planning o f realistic resuks-
oriented and relevant training proposals.

In establishing a continuing program for the development o f personnel


in the DECS Central Office or field units, the DECS shall:

Prepare a comprehensive annual training and development plan


based on periodic assessment o f organizational needs and
skills/knowledges inventory o f the workforce. This training and
172
development plan shall take into consideration die various
levels and categories of.jobs in the agency and the urgency o f
such skills, knowledge and work attitudes required to deliver
effective basic services to die public.

Design, implement and evaluate in-service training development


programs solely or in coordination with the CSC and/or other
government agencies and institutions. Such programs shall
include die following:

Induction Program - refers to the program for new entrants in


government to develop their pride, sense o f belonging and
commitment to public service.

Orientation Program - refers to activities and courses


designed to inform new employees about
agency/govemment programs, thrusts, and operations, as
well as on their duties and responsibilities as well as
benefits and privileges.

Reorientation Program - refers to courses designed to


introduce new dirties and responsibilities, new policies and
programs to employees who have been in the service for
quite sometime.

Professional/Technical/Scientiftc Program * refers to


substantive programs in specific profossionalAechnical/
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 o f competence on basic
workplace skills among employees at die first level in the
career service.

Middle-Management Development Program - refers to a set


or series o f planned human resource interventions and
training courses designed to provide division chiefs and
other officials o f comparable rank with management and
administrative skills and to prepare them for greater
responsibilities.

173
Values Development Program - refers to courses which are
designed to enhance and harness the public service values
o f participants to be effective government workers.

Executive Development Program - refers to activities and


experiences, and continuing education intended to
enhance the managerial skills o f government officials or
executives who belong to the third level.

Career Pathing Program - a career pathing program is a set


of professional activities on fee skills and capabilities of
an employee to enhance and maximize his professional
growth and promotion in fee service.

Upon entrance in the service, fee head of office in


coordination with HRD officer should include a career
pathing program for fee employee, based on his/her
potentials.

Undertake fee Department's annual human resource development


program and accredit such courses or programs in accordance
wife guidelines set by fee CSC.

Provide other human resource development opportunities and


activities which shall include training and scholarship grants,
both local and foreign. In addition, it shall utilize alternative
strategies or approaches for improving job performance such as
coaching, counseling, job rotation, on-the-job training, and
others.

Ensure that each personnel shall have undergone at least one (1)
planned human resource development intervention during fee
year.

Stimulate and encourage employees development through


individual self-development and lifelong leaming/education
activities.

Include a specific budgetary allocation for human resource


development purposes. At least three percent (3%) o f fee
annual budget shall be set aside for this purpose.

tl74
1.1.11 Id accrediting training and development programs, accreditation
shall mean giving due recognition and credit to the successful
completion o f a training, development, or education course/program.

1.2 Study Grant/Scholarship

1.2.1 Recognizing the need to enhance the development of its human


resources, the DECS shall encourage attendance at and participation in
training programs, local or foreign, and availment o f scholarship grants.
The local and foreign scholarship and fellowship programs of DECS
shall be organized systematically to ensure that opportunities for
professional growth and development in priority areas and concerns are
appropriately and equitably distributed. A pool o f trained human
resources and a pool o f potential candidates for training shall likewise
be established.

1.3 Scholarship/Feltowship

1.3.1 Guidelines on Scholarship Programs

There should be an organized scholarship committee at the division


and regional levels composed o f bath representatives from the
elementary and secondary levels to scram and pre-select
nominees for specific scholarship programs.

At least three (3) candidates shall be selected from schools that have
least benefited from training opportunities in the past.

The donor country makes the final selection under the bilateral
scholarship programs. Age requirement should be followed
strictly so as not to lose the slot for the particular program.

Nominees for international or foreign scholarships shall be


submitted to the Staff Development Division o f HRDS for final
screening. The DECS Central screening committee shall be
composed o f representatives from the buraaus/centers, including
a specialist from the relevant field o f study.

Scholarships under RECSAM, RELC and similar scholarships shall


be submitted likewise to the same office for screening with
representatives from bureaus and relevant centers.

175
Individually arranged scholarships, whether on official or non*
official time, should also be submitted to die same office for
records purposes.

Program-specific scholarships like those under TEEP and PROBE


and similar programs will be screened by the managers of the
programs; however, a list of the scholars and their field of
training should be submitted to SDD-HRDS.

The list of local scholars should be submitted to the Staff


Development Division o f HRDS which shall, in coordination
with the bureaus, verify whether the nominees are qualified in
relation to criteria set for the scholarship program.

Returning scholars should submit a report on their scholarship


program.

A regular program for returning scholars to share their study shall


be arranged by NEAP so that teachers or administrators can
benefit from the scholars' programs.

A record o f the distribution o f scholarships will be submitted by


each region and bureaus and carters at the aid o f die year.

1.3.2 The Special Committee on Scholarship (SCS) o f die National


Economic and Development Authority (NEDA), has adopted a policy
cm strict enforcement of die Post Training Report (PTR) as a basis for
more effective evaluation of foreign scholarship/training grants.

All returning scholara/recipients or beneficiaries o f foreign


training/scholarship grants funded from Official Development
Assistance and administered by die Special Committee cm Scholarship,
NEDA, are required to submit their PTR to NEDA and or their agency.
The report should be evaluated in terms o f application/relevance o f die
training program to the work environment.

1.4 Local and Foreign Training

1.4.1 Guidelines

No age limit is set unless otherwise specified by the donor


country/institution, in the case o f foreign scholarships.

176
There is an age limit for local scholarships. Candidates should not
be more than 50 years old.

The nominee must have served the office for at least two (2) years.

The nominee must hold a regular appointment.

The nominee must hold a college degree related to the field of study
or has sufficiently demonstrated ability and experience in foe
scholarship field.

The nominee must have no pending application for scholarship or


study grant under another program.

The nominee must meet foe requirements set by the training


institution and donor country or donor agency.

For programs that require service contracts, foe nominee must have
rendered foe service obligation required in any prior service
contract for training grant before he/she could again be
nominated for another course where foe field o f study is
different from that o f foe previous training; and that service
obligation must still be within nominee's serviceable years.

1.4.2 Criteria for selection o f nominees include foe following:

a ) Grades/course
Knowledge
Potential

Work Performance (VS), performance in previous training courses


attended, attitude, behavior
Relevance o f the course to work
Number o f local and foreign training programs attended

1.4.3 The candidate's immediate superior must ensure that the normal
work output is not hampered should foe nominee be accepted. If
needed, manpower resources shall be moved to fill the productivity gap
that might result.

177
1.5 Local Scholarship Program (LSP)

The Local Scholarship Program is open to all government employees


who want to pursue a one-year masteral degree and who pass the selection
criteria established by the Commission for the purpose.

1.5.1 Once die employee qualifies in both the written examination and
interviews, he/she shall be entitled to the benefits of the grant. If a
scholar is not accepted in one participating school, he/she may seek
admission in another participating school.

1.5.2 hi case die scholar is not authorized by the agency head to pursue
the grant cm official time, or he/she decides not to avail of the
scholarship for one reason or another, he/she forfeits the privilege of
the grant. No deferment will be allowed.

1.5.3 LSP scholars may be allowed to study and at the same time report
to office provided they finish their course within the prescribed period.
Otherwise, they shall refund all expenses incurred by the Commission
for their studies,

1.5.4 In case the scholar is not allowed to study on official time, he/she
may go on official vacation leave with pay, or leave without pay, not
exceeding erne (1) year in case die scholar has no more leave to his/her
credit. However, the grant of such leave shall be at the discretion of the
agency head.

C hapter 3. Employee W elfare,


Benefits, Incentives, Recognition and Awards

Every employee is expected to perform his/her duties and


responsibilities with efficiency and effectiveness. The government,
acknowledging die employees performance, in return, grants benefits and
other welfare assistance.

Section 1. Leave Privileges

1.1 Leave o f Absence


1.1.1 In general, appointive officials up to die level o f heads of
executive departments, heads of departments, undersecretaries and
employees o f the government whether permanent, temporary, or casual,

178
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
o f Saturdays, Sundays, and public holidays, without limitation as to the
number o f days o f vacation and sick leave that they may accumulate.
1.1.2 Employees rendering service on part-time basis are entitled to
vacation and sick leave benefits proportionate to the number o f work
hours rendered. A part-time employee who renders four (4) hours of
work, five (5) days a week or a total o f 20 hours a week, is entitled to
7.5 days vacation and 7.5 days sick leave annually with fiill pay.
1.1.3 Contractual employees are likewise entitled to vacation and sick
leave credits as well as special privileges.

1.2 Maternity Leave


1.2.1 Married women in the government service who have rendered an
aggregate o f two (2) or more years o f service shall, in addition to the
vacation and sick leave granted them, be entitled to maternity leave o f
sixty (60) calendar days with full pay.
1.2.2 In the case o f those in the teaching profession, maternity benefits
can be availed o f even if fire period o f delivery occurs during the long
vacation, in which case, both the maternity benefits and file proportional
vacation pay shall be received by the teacher concerned.
1.2.3 Maternity leave o f those who have rendered one (1) year or more
but less than two (2) years o f service shall be computed in proportion to
their length o f service, provided, that those who have served for less
than one (1) year shall be entitled to 60-days maternity leave with half
pay.
1.2.4 The enjoyment o f maternity leave cannot be deferred; it should be
availed of either before or after the actual period o f delivery in a
continuous and uninterrupted maimer, not exceeding 60 calendar days.
1.2.5 Employees who rendered less than two (2) years o f service may
only receive fell pay for a number o f days based on the ratio o f 60 days
to two (2) years o f service.

Where:
y = the no o f days in file service
X -th en o . o f days to be paid
2 years = 720 days
_60 = x
720 y

179
720x=60y
x=60v
720

12

1.2.6 Maternity leave is granted to female employees in every instance


o f pregnancy irrespective o f its frequency.

1.2.7 Married women may go on maternity leave for less than sixty (60)
days. When an 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.

1.2.8 The commuted money value o f the unexpired portion of the leave
need not be refunded and that when die employee returns to work before
the expiration o f her maternity leave, the may receive berth the benefits
granted under the maternity leave law and die salary for actual services
rendered effective the day die reports back for work.

The formula o f computation for this purpose is as follows:

Monthly salary rate


Salary ............................................ x actual no. of days worked
22 days

1.2.9 Maternity leave with pay may be granted even if die delivery
occurs not more than 15 calendar days after the termination of
employees service as her right thereto has already accrued.

1.2.10 A woman employee on an extended leave o f absence without pay


can still avail o f the sixty (60) days maternity leave with pay if already
entitled.

1.2.11 A married woman employee is entitled to maternity leave o f


absence with pay even if she has a pending administrative case.

1.2.12 Married women who are contractual 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
o f Section 18, Rule XVI, CSC-MC No. 41, s. 1998.

180
1.3 Paternity Leave

1.3.1 Every married male employee is entitled to paternity leave of


sevtai (7) working days for the first four (4) deliveries o f his legitimate
spouse. Legitimate spouse refers to a woman who validly raftered into
a contract of marriage with the male government employee availing of
the paternity leave benefits under the Law.

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

The first o f the 4 deliveries shall be reckoned from foe effectivity of


foe Paternity Leave Act on July 15,1996.

1.3.2 Paternity leave of seven (7) days shall be non-cumulative and


strictly non-convertible to cash. The same may be enjoyed either in a
continuous or in an intermittent manner by foe employee on foe days
immediately before, during or after foe childbirth or miscarriage o f his
legitimate spouse. (Sec. 19, Rule XO, M.C. No.41, s. 1998)

1.4 Special Leave Privileges

1.4.1 Officials and employees, except teachers and those covered by


special leave laws, are granted foe following special leave privileges
subject to foe conditions hereunder stated:

(a) funeral/mouming leave (f) hospitalization leave


(b) graduation leave (g) accident leave
(c) enrollment leave (h) relocation leave
(d) wedding/anniversary leave (i) government transaction leave
(e) birthday leave (j) calamity leave

That foe official/employee may be granted a maximum o f three (3)


days within a calendar year o f any or combination o f special
leave privileges o f his choice which he would opt to avail of,

That such privileges shall be non-cumulative and non-commutative;

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

181
Special leave privilege may be availed o f by the official/employee
when the occasion is personal to him and that of his immediate
family.

The term immediate family includes any relative within die first
degree o f consanguinity and affinity living under the same roof
and dependent upon die employee for support.

1.5 Monetization o f Leave Credits

1.5.1 Officials and employees in die career and non-career service


whether permanent, temporary, casual, or coterminous, who have
accumulated fifteen (15) days are 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 o f thirty (30) days
may be monetized in a given year.

1.5.2 The formula to be used for die computation o f monetization is as


follows:

Monthly Salary No.of days Money Value o f the


------ -------- x to be = monetized leave
22 working days Monetized

1.6 Forced/Mandatory Leave

1.6.1 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 o f five (5) working days annually under the
following conditions:

The head o f agency shall, upon prior consultation with the


employees prepare a staggered schedule of die mandatory five*
day vacation leave o f officials and employees, provided that he
may, in die exigency o f the service, cancel any previously
scheduled leave.

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 o f the
service by the head o f the agency, the scheduled leave not
enjoyed d u ll no longer be deducted from the total accumulated
vacation leave.
182
Retirement and resignation from the service in a particular year
without convicting die calendar year, do not warrant forfeiture
of the corresponding leave credits if die concerned employees
opted not to avail o f die required five-day mandatory vacation
leave.

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

1.7 Terminal Leave

1.7.1 Terminal leave is applied for by an official or an employee who


intends to sever his connection, with his employer. Accordingly, die
filing o f application for terminal leave requires a condition sine qua non,
the employees resignation, retirement or separation from the service
without any fault on his part. It must be shown first that public
employment ceases by any o f the said modes o f severances.

1.7.2 Request for payment o f terminal leave benefits must be made


within ten (10) years from time the right o f action accrues upon an
obligation created by law.

1.7.3 Payment o f terminal leave for purposes o f retirement or voluntary


resignation shall be based on the highest monthly salary received at any
time during his period o f employment in die government service and not
on his latest salary, unless die latter is die highest received by the
retiree.

1.7.4 Computation o f Terminal leave. The terminal leave benefits shall


be computed as follows:

TLB=SxDxCF

W here. TLB = Terminal Leave Benefits


S - highest monthly salary received
D = no. o f accumulated vacation and sick leave credits
CF - constant factor is 0.0478087

183
Hie Constant Factor was derived from this Formula:

= days in a year
- Saturdays & Sundays in a year
= Legal Holidays (provided by EO 292) in a year

12 12
--------------- -------- 0.0478087
365-(104+10) 251

This Formula took effect on January 15, 1999.

1.7.5 The official/employee who is on terminal leave does not earn any
leave credits as he is already out o f the service. While a t 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.

1.8 On Leaves o f Teachers

1.8.1 Teachers shall not be entitled to the usual vacation and sick leave
credits but to proportional vacation pay (PVP) during die summer and
Christmas vacation.

1.8.2 Teachers who have at least seven (7) years of continuous service
are entitled to study leave of absence with pay not exceeding one (1)
school year subject to approval o f the head of office (R. A. 4670).

1.8.3 An indefinite sick leave of absence shall be granted to teachers


when the nature of the illness demands a long treatment that will exceed
one year at the least (R. A. 4670).

1.8.4 Teachers who are designated to perform non-teaching functions


and who render the same hours o f services as other employees are
entitled to vacation and sick leave.

1.8.5 Teachers vacation service credits refer to die leave credits earned
for services rendered 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.
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1.8.6 Teachers and other school personnel on the teachers leave basis
who resigned, retired, or are separated from die service through no fault
of their own on or after January 16, 1986 shall be paid the money value
o f their unused vacation service credits converted into vacation and sick
leave using the formula:

Vacation and Sick leave * = 30y/69


Where 30 = Number of days in a month
Y - Total number o f teachers service credits
69 = 58 days o f summer vacation plus 11 days
Christmas Vacation

* No. o f days derived shall be divided equally into vacation and sick
leave credits

Formula in obtaining 69 days

84 total number of days o f Summer/Christmas vacation


15 (M2 days Saturday/Sunday during summer vacation)
3 (* days-Christmas Day, Rizal Day, New Years Day)
69 days

Conversely, die formula in the conversion o f sick and vacation leave


credits to vacation service credits o f teachers is as follows:

VL+SL
Y= .......... x69
30

1.8.8 Transfer from teaching to non-teaching service during summer


vacation/entitlement to proportional vacation pay. A teacher who
transferred to die non-teaching service or who resigned from
government service ten (10) days before die close o f the school year is
entitled to proportional vacation pay inasmuch as his right thereto has
already accrued; provided dud foe service will not be prejudiced and
provided further that he fulfills bis responsibilities and obligations.

1.9 Snufy Leave

1.9.1 Officials and employees, excluding those in foe teaching


profession who are covered by different provisions o f law, may be
entitled to study leave subject to foe following:

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The study leave is a time o ff from work not exceeding six (6)
months with pay for the purpose o f assisting qualified officials
and employees to prepare for their bar or board examinations or
complete their masteral degree. The leave shall be covered by a
contract between the beneficiary thereof and foe agency head or
his representative.

The beneficiary for such leave shall be selected based on the


following:

The official/employee must have graduated with a bachelors


degree which consequently requires foe passing of
government bar and board licensure examinations. For
thesis writing or comprehensive examination, foe
official/employee must have completed all foe academic
requirements for a masteral degree.

The profession or field of study to be pursued must be relevant


to foe agency or to foe official duties and responsibilities of
foe concerned official or employee.

Must be a permanent employee.

Must have rendered at least two years o f service with at least


very satisfactory performance for foe last two (2) rating
periods immediately preceding foe application.

Must have no pending administrative and criminal charges.

Must not have any current foreign or local scholarship grant.

Must have fulfilled foe service obligation o f any previous


scholarship and training contract.

The service obligation must be on foe basis of foe following


formula:

Period Service Obligation


One (1) month to Two (2) years
Three (3) months
More than three (3)
months to six (6) months Three (3) years
1.9.2 In case the official or employee fails to render in full die service
obligation referred to in the contract on account o f voluntary
resignation, optional retirement, separation from tire service through his
own fault, or other causes within his control, he shall refund the gross
salary, allowances and other benefits received while cm study leave
based on the following formula:

(SOR-SOS)
R = ---------------------- x TCR
SOR
Where
R = Refund
TCR = Total compensation received
(Gross salary, allowances and other
benefits received while on study
leave)
SOS = Service obligation served
SOR = Service obligation required

1.9.3 The official/employee beneficiary o f the study leave shall inform


his agency in writing, through the personnel office, if he foiled to pursue
his studies or to take the bar/board examination for which he was
granted the study leave.

1.10 General Rules

1.10.1 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 employees return from such leave. Notice o f
absence, however, should be sent to the immediate supervisor and/or to
the agency head. Application for sick leave in excess o f five (5)
successive days shall be accompanied by a proper medical certificate.

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

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

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1.10.4 Sick leave shall be granted only on account o f sickness or
disability on the pait of the employee concerned or of any member of
his immediate family.

1.10.5 Approval o f sick leave, whether with pay or without pay, is


mandatory provided proof o f sickness or disability is attached to the
application in accordance with the requirements prescribed under die
preceding section. Unreasonable delay in the approval thereto or non
approval without justifiable reason shall be a ground for appropriate
sanction against the official concerned.

1.10.6 Vacation and sick leave shall be cumulative and any part thereof
which may not be taken within die 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 fruit of his own, he shall be entitled to the
commutation o f all the accumulated vacation and/or sick leave to his
credit, exclusive of Saturdays, Sundays, and holidays, without limitation
as to the number o f days of vacation and sick leave that he may
accumulate provided his leave benefits are not covered by special law.

1.10.7 Computation of vacation and sick leave shall be made on the


basis o f one day vacation leave and one day sick leave every 24 days of
actual service.

1.10.8 Leave o f absence without pay for any reasons other than illness
shall not be counted as part o f 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 th a t required.

A fraction o f one-fourth ('A) or more but less than three-fourthsC/4 )


shall be considered as one-half day and a fraction o f three-fourths (%)or
more shall be counted as one foil day for purposes o f granting leave o f
absence.

1.10.9 Employees observing flexible working hours who render less


than the usual eight (8) hours of work per day but complete the forty
(40) hours o f work in a week, shall be deducted from their leave credits
only the minimum number o f hours required to be served for a day but
which was not served. Any absence incurred must be charged in

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proportion to the number of hours required for a days work. The
number of hours to be served for a day refers not to the eight (8) regular
hours but to the number of hours covered by the corehours prescribed.

1.10.10 The proper head of a department, in his discretion, may


authorize the commutation of the salary that would be received during
foe period of vacation and sick leave of any appointive official and
employee and direct its payment at the beginning of such leave from the
fond out o f which the salary would have bear paid.

1.10.11 Absence on a regular day fo r which suspension o f work is


announced. Where an official or an employee foils to report for work
on a regular day for which suspension of work is declared after foe start
o f the regular working hours, he shall not be considered absent for foe
whole day. Instead, he shall only be deducted leave credits or foe
amount corresponding to the time when official working hours start up
to the time the suspension of work is announced.

1.10.12 Leave o f absence without pay on a day immediately preceding


or succeeding Saturday, Sunday or holiday.-When an employee,
regardless o f whether he has leave credits or not is absent on a day
immediately preceding or succeeding a Saturday, Sunday or holiday
whether such absence is continuous or not, he shall not be considered
absent on said Saturdays, Sundays and holidays and shall not be
deducted leave credits. He shall neither receive salary for those days.

1.10.13 Tardiness and undertime are deducted from vacation leave


credits and shall not be charged against sick leave credits, unless foe
undertime is for health reasons supported by a medical certificate and
application for leave.

1.10.14 Application for commutation o f vacation and sick leave in


connection with separation through no fault o f an official or employee
shall be sent to the head o f foe 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 o f retirement benefits.

1.10.15 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 o f Saturdays,

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Sundays and holidays without limitation and regardless o f die period
when die credits were earned.

1.10.16 The official/employee who has readied the compulsory


retirement age o f 65 but whose service has been extended by the
Commission for another six (6) months, no longer earns leave credits.

1.10.17 An official or employee who applies for vacation or sick leave


shall be granted leave with pay at the salary rate he is currently
receiving.

1.10.18 An employee still on probation may already avail o f whatever


leave credits he has earned during said period. Accordingly, any leave
of absence without pay incurred during the period o f probation shall
extend the completion thereon for the same number of days of such
absence.

1.10.19 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 o f right only by an


employee who does not have gaps in his service. However, a gap o f not
more than m e (1) month may be allowed provided same is not due to
his fault.

The option to transfer accumulated leave credits can be exercised


only within one (1) year from foe employees transfer to foe new
agency.

1.10.20 An official or employee who foiled to transfer his leave credits


to foe new office, in line with foe provisions in foe preceding section
may claim foe money value o f such leave credits from foe office where
he earned such credits.

1.10.21 Whenever foe application for leave of absence, including


terminal leave, is not acted upon by foe head of agency or his duly
authorized representative within five (5) working days after receipt
thereof, foe application for leave o f absence shall be deemed approved.

1.10.22 An official/employee who is absent without approved leave


shall not be entitled to receive his salary corresponding to the period o f
his unauthorized leave o f absence. It is understood, however, that his
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absence shall no longer be deducted from his accumulated leave credits,
if there are any.

1.10.23 All applications for vacation leave o f absence for one (l) foil
day or more shall be submitted on the prescribed form for action by the
proper head o f the agency five (5) days in advance, whenever possible,
of the effective date o f such leave.

1.10.24 Leave of absence for any reason other than illness o f an official
or employee or of any member of his immediate fomily must be
contingent upon the needs of the service. Hence the grant o f vacation
leave shall be at the discretion of the head of department/agency.

1.10.2$ Applications o f officials and employees for leave o f absence on


account o f wounds or injuries incurred in the performance o f 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 o f the department/agency
concerned shall direct that absence of an employee during his period of
disability thus occasioned shall be on foil pay, but not to exceed six (6)
months. He shall also authorize the payment of medical attendance,
necessary transportation, subsistence and hospital fees o f the injured
person. Absence in the case contemplated shall not be charged against
sick leave or vacation leave if there are any.

1.10.26 All absences o f an official or employee in excess of his


accumulated vacation or sick leave credits earned shall be without pay.
To compute the salary of employees who incur leave without pay
(LWOP) in a given month, the following formula is used:

Monthly Salary
Salary = Moodily S a la r y --------------- - x No of days o f LWOP
Calendar Days

When an employee has already exhausted his sick leave credits, he


can use his vacation leave credits but not vice versa.

1.10.27 Leave without pay not exceeding one (1) year may be granted,
in addition to the vacation and/or sick leave earned. Leave without pay
in excess of one (1) month shall require the clearance of the proper head
o f the department or agency.

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1.10.28 Leave without pay shall not be granted whenever an employee
has leave with pay to his credits except in the case of secondment.

1.10.29 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.

1.10.30 For the purposes of computing the length o f service for the gram
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 gram of step increment. However, if the total
number o f 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 o f days that an
official or employee was absent without pay.

1.10.31 Effect o f pending administrative case against an official or


employee. An official or employee with pending administrative case/s is
not barred from enjoying leave privileges.

1.10.32 If an official or an employee who is on leave without pay 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.

1.10.33 While the incumbent is cm vacation or sick leave with or


without pay, his position is not vacant. During the period of such leave
therefore, only a substitute appointment can be made to such position.

1.10.34 An official or employee who has been penalized with dismissal


from the service is likewise not barred from the entitlement to his
terminal leave benefits.

1.10.35 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 foe period they were out of foe
service.

1.10.36 Any violation o f foe leave laws, rules or regulations, or any


misrepresentation or deception in connection with an application for
leave, shall be a ground for disciplinary action. (CSC MC 41, s. 1998,
CSC MC 14, s. 1999 and EO 292)

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Section 2. W elfare/B enefits

2 1 Monetary Benefits

2.1.1 Special Hardship Allowance - Teachers exposed to hardship in


commuting to the place o f work as determined by die Secretary of
Education shall be compensated hardship allowance equivalent to at
least 25% of their monthly salary (Section 19, RA 4670-Magna Carta
for Public School Teachers).

Teachers assigned to places declared by the President as calamity


areas shall be granted the equivalent of five (5) days additional salary
per month but payable only for die duration of the calamity period. (RA
5447 - The Special Education Fund Art).

Teachers exposed to hardship or extreme difficulty in the place of


work and teachers assigned to handle multigrade classes as determined
by the Secretary of DECS shall be compensated special hardship
allowance equivalent to at least 25% of the basic pay

2.1.2 Hazard Duty Pay - This refers to compensation premium or


allowance paid to officials and employees actually assigned or stationed
in a work area which exposes them to great danger, occupational risks
or perils to life.

2.1.3 Productivity Incentive Benefit - The incentive pay shall be based


on individual personnel productivity and performance as evaluated and
determined by the heads of the respective offices/agencies in accordance
with the policies and standards set by die Civil Service Commission.

2.1.4 Cash Allowance to Teachers - The provision for cash allowance to


teachers for the purchase o f chalk, erasers, forms and other classroom
supplies and materials directly used shall be paid only to classroom
teachers.

2.1.5 Year-End Bonus and Cash Gift - All government personnel,


whether appointive or elective under regular, temporary or casual status,
and contractual personnel whose employment is in the nature of a
regular employee, who are still in the service as of October 31 each year
are granted year-end bonus and cash gift.

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2.2 Retirem ent Benefits

2.2.1 Modes of Retirement Under R.A. 1616

a) Requirements

Official/Employee was employed prior to May 31, 1977


regardless of age and employment status;

He has rendered at least 20 years of service;

His last three years of service are continuous; and

His leaves of absence without pay during the last three years
immediately preceding retirement do net exceed erne (1)
year.

b) Benefits

Gratuity benefit equivalent to one month salary for each year of


service for the first 20 years; one and (me half months (1.5)
salary for each year of service over 20 up to 30 years; and
two (2) months for each year over 30 years, based on the
highest salary rate received.

Refirnd o f retirees personal contributions with interest and the


corresponding government contributions without interest.

2.2.2 Under R.A. 660

a) Requirements:

He is a member of the GSIS Retirement Insurance fund and


employed prior to May 31, 1977;

He has attained and/or completed the required age and length of


service as indicated below:

Age: 52 53 54 55 56 57 58 59 60 61 62 63 64 65 or
Service: 35 34 33 32 31 30 28 26 24 22 20 18 16 15 over

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His last three (3) years of service are continuous; and

His leaves of absence without pay during the last three (3) years
immediately preceding retirement do not exceed one (1)
year.

b) Benefits

The retiree is entitled to annuity benefits which may be:

Automatic Annuity - Monthly pension is paid guaranteed for


five years from the date of retirement. After the five-year
period, payment of the monthly annuity continues if retiree
is still living.

Five - Year Lump Sum - This is available only to those who are
at least 63 years of age or over on the date of retirement.
After five years, if still living, retiree is paid monthly
annuity for life.

Initial Three-Year Lump Sum - This is available to those who


are at least 60 years o f age on the date o f retirement. The
subsequent two-year lump sum is paid to the retiree on his
63rd birthday. After five years, if still living, the retiree is
paid monthly annuity for life.

2.2.3 R. A. 8291

a) Requirements

A member is eligible for retirement benefit when he has


satisfied all the following conditions:

He/she has raidered at least 15 years of service;

He/she is at least 60 years of age at time of retirement; and

He/she is not receiving a monthly pension benefit for permanent


total disability.

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b ) Benefits

The five-year lump sum (60x basic monthly pension) plus the
basic monthly pension for life starting at the end of 5-year
guaranteed period; or

The cash payment (18 x basic monthly pension) Plus the basic
monthly pension for life starting immediately upon
retirement.

2.3 Disability

2.3.1 Permanent Total Disability

a) A member who becomes permanently and totally disabled


when he is in the service and has paid at least 180 monthly
contributions shall be paid the permanent total disability
benefit in the form of a monthly income benefit for life
equivalent to the basic monthly pension plus a cash payment
equivalent to eighteen (18) times his basic monthly pension
effective the date o f disability.

b) A member who becomes permanently and totally disabled is


eligible for permanent total disability benefits in foe form of a
monthly income benefit for life equivalent to foe basic
monthly pension when:

He is in foe service at the time of disability; or

He is separated from foe service and has paid 36 monthly


contributions within foe last five (5) years immediately
preceding foe disability or has paid a total of at least 180
monthly contributions.

Permanent Partial Disability

A member who becomes permanently and partially disabled is


eligible for permanent partial disability benefits in foe form of a
cash payment when:

He is in foe service at foe time o f disability; or

196
Is separated from the service and has paid 36 monthly contributions
within the last five (5) years immediately preceding the
disability or has paid a total of at least 180 monthly
contributions.

Temporary Total Disability

A member who suffers temporary disability for reasons not due to


grave misconduct, notorious negligence, habitual intoxication,
or willful intention to kill himself or another, may be entitled to
benefits if:

He is in the service at the time o f his disability and has


exhausted his sick leave credits.

If separated, he has rendered at least three (3) years of


service and has paid at least six (6) monthly
contributions in the twelve-month period immediately
preceding his disability.

2.4 Medical Care

2.4.1 Philippine Health Insurance

a) A member has paid at least three (3) monthly contributions


during the six-month period prior to the month o f availment

2.5 Other Benefits

2.5.1 One-Salary Grade Increase Upon Retirement (RA 4670)

2.5 .2 Salary adjustment based on approved Equivalent Record Forms of


Teachers Appropriation provided annually in GAA (Circular Letter No.
84-4 dated May 30,1984).

2.5.3 Step Increment - Step increment shall be granted to all deserving


officials and employees based on merit and length o f service.
Appropriations provided annually in GAA. (Sec. 13 (c) o f RA 6758,
Joint CSC &DBM Cir. No. 1, s. 1990)

2.5.4 DECS Provident Fund - DECS Provident Fund aims to provide


DECS officials and employees benefits and loans for emergency needs,
197
for their education and that of their children; for their hospitalization
and that o f their immediate dependents, and for other similar purposes to
be determined by the Board ofTrustees.

2.5.5 DECS Shelter Program aims to provide affordable and decent


housing to employees through coordination with government housing
and financing institutions and private subdivision developers.

2.5.7 DECS encourages the organization o f cooperatives among


teachers to help diem augment their salaries.

2.5.8 Automatic Upgrading o f Positions for Eligible Public School


Teachers through Equivalent Records Form (ERFs) Scheme. -
Automatic position upgrading are granted to Teachers I who have
rendered 20 years or more with satisfactory teaching service without the
need for filing an application for ERF upgrading.

Section 3. Overtime W ork Services

3.1 Working in the office in excess o f eight (8) hours must be properly
compensated.

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