UNIVERSITY OF SAN JOSE-RECOLETOSSCHOOL OF LAW

ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS AND ELECTION LAWMonday (8:00pm-9:00pm)Tuesday (7:00pm-9:00pm)

Submitted to:Atty. Ariel Bacatan

Submitted by:Rachelle E. Bonita

I. Topic

Civil Service Commission CAREER SERVICE

II. Brief Discussion

Under P.D 807 PROVIDING FOR THE ORGANIZATION OF THE CIVIL SERVICE COMMISSION IN ACCORDANCE WITH PROVISIONS OF THE CONSTITUTION, PRESCRIBING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES, Sec 4 and 5:

Section 4.Position Embraced in the Civil Service.The Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including every government-owned or controlled corporations whether performing governmental or proprietary function.

Positions in the Civil Service shall be classified into career service and non-career service.

COVERAGE OF THE CIVIL SERVICE

The 1987 Constitution provides that the civil service shall embrace all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. Government-owned or controlled corporations with original charters are those organized pursuant to special laws or charters enacted by Congress. Government-owned or controlled corporations which are organized under the Corporation Code of the Philippines, whose shares of stock are owned or controlled by the government or by corporations with original charters, fall outside the coverage of the civil service laws. Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, EXCEPT appointments to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.Thus,

Sec. 2(1) and (2), Art. IX-B, Constitution provides:

Section 2.

1. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.2. Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.

A policy determining position is one vested with the power of formulating a method of action for the government or any of its subdivisions. A highly confidential position is one where the duties are njot merely clerical but are such as especially devolve upon the head of an office, which, by reason of his numerous duties, he is compelled to delegate to tohers, the performance of which requires skill, judgment, trust and confidence and involves the responsibility of the other which he represents. And an office is highly technical if it requires skill or training in the highest degree. (The Civil Service Law of 1959, by Troadio T. Quiason, Jr and Ruben E. Agpalo, Philippine Law Journal, Vol. XXXIV, No. 4, September 1959, U.P College of Law)Entry to these positions does not require competitive examination or civil service eligibility.

APPOINTIVE POSITIONS IN THE CIVIL SERTVICE AND IN CES

All branches, subdivisions, instrumentalities and agencies of the government, including government-owned and controlled corporations with original charters are covered by the civil services and its rules and regulations. Appointments to the civil service are based on merit and fitness determined by competitive examination, EXCEPT appointments to positions which are policy determining, primarily confidential or highly technical. The Civil Service Law classifies the positions in the civil service into career and non-career service positions.

Section 5 of P.D 807 provides;

Section 5.The Career Service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure.

What is the concept of security of tenure?

It means that no officer or employee in the civil service shall be suspended or dismissed except for a cause provided by law and after due process or after he shall have been given the opportunity to defend himself.

Note: Once an appointment is issued and completed and the appointee assumes the position, he acquires a legal right, not merely an equitable right to the position. (Lumigued v. Exevea, G.R. No. 117565, Nov. 18, 1997)

Regardless of the characterization of the position held by a government employee covered by civil service rules, be it career or non career position, such employee may not be removed without just cause (Jocom v. Regalado, G.R. No. 77373,Aug. 22, 1991).

Acceptance of a temporary appointment or assignment without reservation or upon ones own volition is deemed waiver of security of tenure (Palmera v. Civil Service Commission, G.R. No. 110168, Aug.4, 1994).

SECTION 5 ALSO INCLUDES THE POSITIONS UNDER THE CAREER SERVICE

1. Open Career positions for appointment to which prior qualification in an appropriate examination is required;

2. Closed Career positions which are scientific or highly technical in nature, these includes;a. faculty and academic staff of state college and universities;b. scientific and technical positions in scientific or research institution.- establish and maintain their own merit system;3. Position in the Career Executive Service namely:a. undersecretary and assistant secretary;b. bureau director and assistant bureau director;c. regional director and assistant regional director;d. chief of department service; ande. other officers of equivalent rank as may be identified by the Career Executive Service Board- all of whom are appointed by the President;4. Career officers, other than those in the Career Executive Service, who are appointed by the President, such as the Foreign Service Office in the Ministry of Foreign Affairs;

5. Commissioned officers and enlisted men of the Armed Forces which shall maintain a separate merit system;

6. Personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not fall under the non-career service; and

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

III. Illustration of the Principle

Career service the entrance of employee is based on merit and fitness determined by competitive examinations or on highly technical qualifications. Employees under this category enjoy opportunities for advancement to higher career positions and security of tenure.

Classes of positions in the Career Service:

1st level clerical, trades, crafts and custodial service positions.

2nd level professional, technical and scientific positions

3rd level Covers all positions higher than chief of division (salary grade 25 and up), including positions in the executive and managerial class, and the positions in the highly technical and specialized class such as the foreign service, the scientific, technical, artistic and academic fields.

Example:

When A, whose position was clerical decided to apply for a higher position he should therefore take the entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications. If he was able to pass the exam, he shall have the guarantee to be secured in the position taken. And shall follow the hierarchy as provided by the classes of position under the Career Service.

IV. References

http://www.lawphil.net/statutes/presdecs/pd1975/pd_807_1975.html

http://www.lawphil.net/consti/cons1987.html

http://law.upd.edu.ph/plj-old/images/files/PLJ%20volume%2034/PLJ%20volume%2034%20number%204%20-01-%20Troadio%20T.%20Quiazon,%20Jr%20&%20Ruben%20E.%20Agpalo%20-%20The%20Civil%20Service%20Law%20of%201959.pdf

http://law.upd.edu.ph/plj-old/images/files/PLJ%20volume%2034/PLJ%20volume%2034%20number%205%20-03-%20Ruben%20E.%20Agpalo%20-%20The%20Extent%20and%20Limit%20of%20Political%20Activities.pdf

http://sc.judiciary.gov.ph/jurisprudence/1997/nov1997/117565.htm

http://www.lawphil.net/judjuris/juri1991/aug1991/gr_77373_1991.html

http://www.lawphil.net/judjuris/juri1994/aug1994/gr_110168_1994.html

file:///C:/Users/Totskie/Downloads/76160682-UST-GN-2011-Political-Law-Proper.pdf