Professional Documents
Culture Documents
The Administrative Code, under its Book V, sub-classifies career 4. Contractual personnel or those whose employment in the
positions according to "appointment status," divided into: government is in accordance with a special contract to undertake a
1. permanent - which is issued to a person who meets specific work or job, requiring special or technical skills not available
all the requirements for the positions to which he is in the employing agency, to be accomplished within a specific period,
being appointed, including the appropriate eligibility
which in no case shall exceed one year, and performs or accomplishes
prescribed, in accordance with the provisions of law,
rules and standards promulgated in pursuance thereof; the specific work or job, under his own responsibility with a minimum
and of direction and supervision from the hiring agency; and
2. temporary - which is issued, in the absence of
appropriate eligibles and when it becomes 5. Emergency and seasonal personnel.
necessary in the public interest to fill a vacancy, to a
person who meets all the requirements for the position
to which he is being appointed except the appropriate
civil service eligibility; provided, that such temporary
appointment shall not exceed twelve months, and the Two elements for a position to be considered a CES:
appointee may be replaced sooner if a qualified civil
service eligible becomes available. 1.) The position is among those enumerated under Book V,
Title 1, Subtitle A, Chapter 2, Section 7 (3) of the
CLASSES OF POSITIONS IN THE CAREER SERVICE
Administrative Code of 1987 OR a position of equal rank as
a. The first level shall include clerical, trades, crafts, those enumerated and identified by the CESB to be such
and custodial service positions which involve non- position of equal rank; AND
professional or sub-professional work in a non- 2.) The holder of the position is a presidential appointee.
supervisory or supervisory capacity requiring less than
four years of collegiate studies; With particular reference to positions in the career executive service,
b. The second level shall include professional, the requisite civil service eligibility is acquired upon passing the CES
technical, and scientific positions which involve
examinations administered by the CES Board and the subsequent Salary cannot be garnished
conferment of such eligibility upon passing the examinations.
The salary of a public officer cannot, by garnishment, attachment, or
Once a person acquires eligibility, he either earns the status order of execution be seized before being paid to him, and
of a permanent appointee to the CES position to which he appropriated to the payment of his debts.
has previously been appointed, or he becomes qualified for
a permanent appointment to that position provided only Reasons:
that he also possesses all the other qualifications for the 1.) While the money is still in the hands of the disbursing
position. officer, it belongs to the government;
Verily, it is clear that the possession of the required CES 2.) Public policy forbids such practice since it would be fatal to
eligibility is that which will make an appointment in the public service; and
career executive service a permanent one. Petitioner does 3.) The garnishment or attachment of an officer’s salary is
not possess such eligibility, however, it cannot be said that tantamount to a suit against the State in its own court,
his appointment to the position was permanent. which is prohibited except with its consent.
The term emoluments means the profit arising from the office, that Except as otherwise provided by the Constitution, Congress has
which is received as compensation for services or which is annexed to absolute power to fix or alter the compensation of public officers.
office as salary, fees, etc. Allowances such as representation and (R.A. 6758)
transportation are included in the term.
Congress is given the power to fix salaries of certain constitutional
officers, but after it has done so, it may not reduce the salary of any
of them during his term or tenure.
to strike, adding that public employees going on disruptive
unauthorized absences to join concerted mass actions may be held
Prohibition against receiving additional, double, or indirect liable for conduct prejudicial to the best interest of the service
compensation (GSIS vs. Kapisanan ,Dec. 6, 2006; GSIS vs Villaviza, July 10,
SECTION 8. No elective or appointive public officer or employee shall 2010)
receive additional, double, or indirect compensation, unless
Freedom of Expression
specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from Govt. workers, whatever their ranks, have as much right as any
any foreign government. person in the land to voice out their protests against what they
believe to be a violation of their rights and interest. Civil service
Pensions or gratuities shall not be considered as additional, double,
does not deprive them of their freedom of expression.
or indirect compensation. (sec. 8, ARTICLE IX-B)
It would be unfair to hold that by joining the government service,
When not applicable: the members thereof have renounced or waived this basic liberty.
This freedom can be reasonably regulated only but can never be
1.) If specifically authorized by law in instances where payment taken away. (DCWD vs. Aranjuez, June 16, 2015)
of such compensation appears not only just but necessary. GSIS employees who wore red during a public hearing at their
(The prohibition is aimed against the giving of extra office while raising their fists and orating against then President
compensation by executive or administrative order) Winston Garcia.
2.) If received not from the government. The SC held that such act was not constitutive of a prohibited
It is settled that an illegally terminated civil service employee is activity but only an exercise of their constitutional right to freedom
entitled to back salaries limited only to a maximum period of five of expression.
years, and not full back salaries from his illegal termination up to his
reinstatement. (Galang v. Landbank, May 31, 2011)
Right to protection of temporary employees
Back wages represent the compensation that should have been
earned but were not collected because of the unjust dismissal. Temporary employees of the Government shall be given such
protection as may be provided by law [Sec. 2(6), Art. 9-B]
This includes other monetary benefits attached to the employee’s
No officer or employee of the civil service shall be removed or
salary following the principle that an illegally dismissed government
suspended except for cause provided by law [Sec 2(3), Art. 9-B]
employee who s later reinstated is entitled to all the rights and
privileges that accrue to him by virtue of the office he held. Rights under EO 292
An illegally dismissed government employee shall be paid back 1. Right to preference in promotion
salaries at the rate he was receiving when he was terminated a. When a vacancy occurs in a position in the first level of
unqualified by salary increase and without deduction from earnings the Career Service as defined in Sec. 8, the employees
received elsewhere during the period of his illegal dismissal. in the department who occupy the next lower positions
in the occupational group under which the vacant
When an official or employee was illegally dismissed and his
position is classified, and in other functionally related
reinstatement has later been ordered, for all legal purposes he is
occupational groups and who are competent, qualified
considered as not having left his office. Therefore, he is entitled to al
and with the appropriate civil service eligibility shall be
the rights and privileges that accrue to him by virtue of the office he
considered for promotion.
held.
b. When a vacancy occurs in a position in the second
Right to additional allowances and benefits level of the Career Service as defined in Sec. 8, the
employees in the government service who occupy the
Under the Local Government Code( RA 7160), LGUs may provide next lower positions in the occupational group under
for additional allowances and other benefits to national which the vacant position is classified and in other
government officials stationed or assigned to their municipality functionally related occupational groups and who are
or city competent, qualified and with the appropriate civil
service eligibility shall be considered for promotion.
Right to self-organization c. If the vacancy is not filled by promotion as provided
herein the same shall be filled by transfer of present
The right to self-organization shall not be denied to government
employees in the government service, by reinstatement,
employees. [Sec. 2(5), Art. 9-B]
by re-employment of persons separated through
Does not carry with it the right to engage in any form of prohibited
reduction in force, or by appointment of persons with the
concerted mass action resulting in work stoppage or disruption of
civil service eligibility appropriate to the positions. [Sec.
public service
21, EO 292]
The settled rule is this jurisdiction is that employees in the public 2. Right to present complaints and grievances
service may not engage in strikes, mass leaves, walkouts, and o Employees shall have the right to present their
other forms of mass action that will lead in temporary stoppage or
complaints or grievances to management and have
disruption of public service.
them adjudicated as expeditiously as possible in the
The right of government employees to organize is limited to the best interest of the agency, the government as a whole,
formation of unions or associations only, without including the right
and the employee concerned. Such complaint or
grievances shall be resolved at the lowest possible level
in the department or agency, as the case may be, and
the employee shall have the right to appeal such
decision to higher authorities
NEXT-IN-RANK RULE Any person who has been permanently
appointed to a position in the career service
and who has, through no delinquency or
1. It is not a mandatory requirement misconduct, been separated therefrom, may
2. It applies only in cases of promotion be reinstated to a position in the same level
3. Employees next in rank are those “who occupy the next lower for which he is qualified
positions in the occupation group under which the vacant position 5. Reemployment
is classified, and in other functionally related occupational groups Names of persons who have been appointed
and who are competent, qualified and with the appropriate civil permanently to positions in the career
service eligibility. (Book 5, Title 1, Subtitle A, Chapter 5, Sec. 21, services and who have been separated as a
pars. 2 and 3, EO 292) result of reduction in force or reorganization,
shall be entered in a list from which selection
QUALIFIED NEXT-IN-RANK- refers to an employee
for reemployment shall be made
appointed on a permanent basis to a position previously
6. Detail
determined to be next-in-rank and who meets the requirements for
appointment thereto as previously determined by the appointing The movement of an employee from one
authority and approved by the Commission. (Book V, Title I, agency to another without the issuance of an
Subtitle A, Chapter 5, Sec. 21, EO 292) appointment and shall be allowed, only for a
limited period in the case of employees
Appointment is a discretionary power of the appointing occupying professional, technical and
authority. So long as the appointee possesses the qualifications scientific positions
required by law, the appointment is valid If the employee believes that there is no
justification for the detail, he may appeal his
PERSONNEL ACTION/HUMAN RESOURCE ACTION case to the Commission. Pending appeal,
the decision to detail the employee shall be
Any action denoting the movement or progress of personnel in the
civil service executor unless otherwise ordered by the
Commission.
It includes:
7. Reassignment
1. Appointment through certification
An employee may be reassigned from one
An appointment through certification to a
organizational unit to another in the same
position in the civil service, except as herein
agency: Provided: that such reassignment
otherwise provided, shall be issued to a
shall not involve a reduction in rank, status
person who has been selected from a list
or salary.
of qualified persons certified by the
Commission from an appropriate register of
Rationale:
eligibles, and who meets all the other
requirements of the position. To maintain the policy of merit and rewards in the civil service
2. Promotion Since appointments in the civil service are based on merit and
A movement from one position to another fitness, it is assumed that the appointments of employees next in
with an increase in duties and rank are equally meritorious.
responsibilities as authorized by law and
usually accompanied by an increase in pay.
The movement may be from one department
or agency to another or from one
organizational unit to another in the same
department or agency
3. Transfer
A movement from 1 position to another
which is of equivalent rank, level, or salary
without break in service involving the
issuance of an appointment.
The transfer may be from:
One department/agency to
another; or
One organizational unit to
another in the same
department/agency
4. Reinstatement