BANGSAMORO CIVIL SERVICE CODE OF 2020
An Act Providing for the Bangsamoro Civil Service Code of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM)
Book I
Chapters
Chapter I
GENERAL PROVISIONS
Article 1. Title. This Code shall be known as the Bangsamoro Civil Service Code of 2020.
Article 2. Basis. The Bangsamoro Organic Law (RA 11054) provides that the Bangsamoro Government shall exercise its authority over the civil service without prejudice to the general supervision of the President of the Republic of the Philippines.
The Bangsamoro Transition Authority (BTA) may enact a Bangsamoro Civil Service Code subject to the constitutional mandate of the Civil Service Commission (CSC).
The Civil Service Commission shall establish a regional Civil Service field office and other field offices as may be needed in the Bangsamoro Autonomous Region for the efficient performance of its powers and duties.
Article 3. Purpose. The purpose of this Code is to provide an effective instrument for good governance and responsive policies on human resource administration of the Bangsamoro Government in accordance with the ministerial form of government provided for under the Bangsamoro Organic Law and relevant provisions of the Government of the Philippines-Moro Islamic Liberation Front (GPH-MILF) peace agreements.
Article 4. Declaration of Policy. It shall be the policy of the Bangsamoro Government to insure and promote the constitutional mandate that appointment in the civil service shall be made according to merit and fitness, to provide within the public service a progressive system of personnel administration, and to adopt measures to promote morale and the highest degree of responsibility, morality, integrity, loyalty, efficiency, and professionalism in the civil service.
It shall take cognizance of the aspirations of the Bangsamoro people and other inhabitants in the Bangsamoro Autonomous Region to chart a responsive, effective and efficient bureaucracy that will allow genuine and meaningful self-governance, and to establish an enduring peace on the basis of justice and balanced society, reflective of their system of life.
There shall be no discrimination on employment opportunities on account of religion, culture, ethnicity, social orientation, or political affiliation.
Article 5. Nature of Public Office. Public office is a public trust and a moral responsibility. Public officers and employees shall serve with the highest degree of responsibility, morality, integrity, loyalty, and efficiency, and shall remain accountable to the people.
Article 6. Definition of Terms. As used in this Code, the following terms shall be construed as follows:
a. “Agency” means any ministry, bureau, office, commission, administration, board, committee, institute, corporation, whether performing governmental or proprietary function, or any other unit of the Bangsamoro Autonomous Government, as well as provincial, city or municipal government, except as hereinafter otherwise provided.
b. “Bangsamoro Government” refers to the corporate parliamentary entity through which the functions of government are exercised throughout the Bangsamoro Autonomous Region in Muslim Mindanao, including various arms through which the political authority is made effective, whether pertaining to the provincial, city, municipal or barangay local government.
c. “Bangsamoro Mufti” refers to the highest-ranking mufti in the Bangsamoro Autonomous Region in Muslim Mindanao.
d.“ Chief Minister” refers to the head of the Bangsamoro Government elected by a majority vote of the Members of the Parliament.
e. “Civil Servant” includes public officials and employees, elective and appointive, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount.
f. “Civil Service” embraces all branches, subdivisions, instrumentalities, ministries, offices and agencies of the Bangsamoro Government including government-owned or controlled corporations with original charter in the Bangsamoro Autonomous Region.
g. “Civil Service Commission – Bangsamoro Autonomous Region in Muslim Mindanao (CSC-BARMM)” refers to the Civil Service Commission regional field office to include other field offices as provided under Section 39, Article VII of R.A. No. 11054.
h. “Commission” refers to the Civil Service Commission as the central personnel agency of the Philippine Government.
i. “Eligible” refers to a person who obtains a passing grade in a civil service examination or is granted a civil service eligibility and whose name is entered in the register of eligibles in the Civil Service Commission.
j. “Examination” refers to a civil service examination conducted by the Civil Service Commission.
k. "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof.
l. "Government Service” refers to the process or transaction between applicants or requesting parties and government offices or agencies involving applications for any privilege, right, reward, license, clearance, permit or authorization, concession, or for any modification, renewal or extension of the enumerated applications or requests which are acted upon in the ordinary course of business of the agency or office concerned.
m. "Highly Technical Position” a position which requires the use of technical knowledge, specialized skills and/or training.
n.“Madaris Education” refers to the recognized types or category of Madrasah in the BARMM such as Traditional Madrasah, Formal Madrasah, and Standard Private Madrasah as may be defined by the Bangsamoro Education Code.
o.“Ministry” refers to any of the executive governmental department of the Bangsamoro Government headed by a minister.
p. “Morality” refers to the ethical standard in conformity with the ideals of right human conduct.
q. “Mujahideen” refers to the legitimate members (women and men) of the Moro Islamic Liberation Front (MILF) and the Moro National Liberation Front (MNLF) duly certified by the Chairman of their respective central committee.
r. “Senior Deputy Chief Minister” refers to one of the deputies of the Chief Minister who is senior in age.
Chapter II
SCOPE OF THE BANGSAMORO CIVIL SERVICE
Article 7. Positions Embraced in the Bangsamoro Civil Service. The Bangsamoro Civil Service embraces all public positions in every branch, ministry, agency, subdivision, and instrumentality of the Bangsamoro Government, including government-owned or controlled corporations with original charters in the Bangsamoro Autonomous Region.
Positions in the Bangsamoro Civil Service shall be classified into career service and non-career service as defined by existing civil service laws, rules and regulations.
Article 8. Career Service. The Bangsamoro Career Service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examinations, but does not apply to appointments to positions which are policy determining, primarily confidential, or highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure.
The Bangsamoro Career Service shall include:
1.Open Career positions for appointment to which prior qualification in an appropriate examination is required;
2.Closed Career positions which are scientific or highly technical in nature; these include the faculty and academic staff of state colleges and universities, and scientific and technical positions in scientific or research institutions which shall establish and maintain their own merit systems;
3.Other positions in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). These include Bangsamoro Director General and other positions that may be created by the Bangsamoro Parliament;
4.Personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not fall under the non-career service; and,
5.Permanent laborers, whether skilled, semi-skilled, or unskilled.
Article 9. Non-Career Service. The Bangsamoro Non-Career Service shall be characterized by (1) entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made.
The Bangsamoro Non-Career Service shall include:
1. Elective officials and their personal or confidential staff;
2.Ministers and other officials of cabinet rank who hold positions at the pleasure of the Chief Minister and their personal or confidential staff;
3. Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff;
4.Contractual personnel or those whose employment in the Bangsamoro Autonomous Government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency;
5.Positions which are policy determining or primarily confidential; and
6.Emergency and seasonal personnel.
HUMAN RESOURCE POLICIES AND STANDARDS
Article 10. Recruitment and Selection of Employees. (1) Opportunity for government employment shall be open to all qualified citizens, preferably residents of the region for regional employment or of the province for provincial employment, or Bangsamoro as defined in R.A. No. 11054 (Bangsamoro Organic Law). Positive efforts shall be exerted to attract the best qualified residents of the Bangsamoro Autonomous region to enter the service. Employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of the positions.
Article 11. Vacancy. When a vacancy occurs in a position in the first level of the Career Service as defined in Article 8, the employees in the ministry, office or agency who occupy the next lower positions in the occupational group under which the vacant position is classified, and in other functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility shall be considered for promotion.
When a vacancy occurs in a position in the second level of the Career Service as defined in Article 8, the employees in the government service who occupy the next lower positions in the occupational group under which the vacant position is classified and in other functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility shall be considered for promotion.
If the vacancy is not filled by promotion as provided herein the same shall be filled by transfer of present employees in the government service, by reinstatement, by re-employment of persons separated through reduction in force, or by appointment of persons with the civil service eligibility appropriate to the positions.
Article 12. Screening Process. For purposes of this Chapter, each ministry or agency shall evolve its own screening process, which may include tests of fitness, in accordance with standards and guidelines set by the Civil Service Commission. Promotion boards shall be formed to formulate criteria for evaluation, conduct tests or interviews, and make systematic assessment of training experience.
Article 13. When Appropriate Examinations Required. Qualification in an appropriate examination shall be required for appointment to positions in the first and second levels in the career service in accordance with the Civil Service rules, except as otherwise provided by law: Provided, that whenever there is a civil service eligible actually available for appointment, no person who is not such an eligible shall be appointed even in a temporary capacity to any vacant position in the career service in the government or in any government-owned or controlled corporation with original charter, except when the immediate filling of the vacancy is urgently required in the public interest, or when the vacancy is not permanent, in which cases temporary appointments of non-eligibles may be made in the absence of eligibles actually and immediately available.
The appropriate examinations herein referred to shall be those given by the Commission and the different agencies: provided, that a person with a civil service eligibility acquired by successfully passing an examination shall be qualified for a position requiring a lower eligibility if he possesses the other requirements for appointment to such position.
Article 14. Special Examinations for Indigenous Peoples in the BARMM. In line with the Bangsamoro Government’s policy to promote inclusivity for Moro and non-Moro indigenous peoples and accelerate the development of the areas occupied by them, special examinations for Indigenous Peoples may be requested by the Bangsamoro Government.
Article 15. Reduction in Force. Whenever it becomes necessary because of lack of work or funds or due to a change in the scope or nature of a ministry, office or agency’s program, or as a result of reorganization, to reduce the staff of any ministry, office or agency, those in the same group or class of positions in one or more agencies within the particular ministry or agency wherein the reduction is to be effected, shall be reasonably compared in terms of relative fitness, efficiency and length of service, and those found to be least qualified for the remaining positions shall be laid off.
Article 16. Career and Human Resource Development. The development and retention of a competent and efficient work force in the public service is a primary concern of Bangsamoro Government. It shall be the policy of the Bangsamoro Government that a continuing program of career and human resource development in BARMM shall serve as the basis for all career and personnel development activities in the Bangsamoro Government.
Article 17. Career and Human Resource Development Plans. Each ministry or agency shall prepare a career and personnel development plan. Such career and personnel development plan shall include provisions on merit promotions, performance evaluation, in-service training, including overseas and local scholarships and training grants, job rotation, suggestions and incentive award systems, and such other provisions for employees’ health, welfare, counseling, recreation and similar services.
Article 18. Inspection and Audit. The CSC-BARMM, through its designated representatives, shall conduct a periodic inspection and audit of the personnel management program of each ministry, agency, province or city, in order to: (a) determine compliance with this Code, rules and standards; (b) review the discharge of delegated authority; (c) make an adequate evaluation of the progress made and problems encountered in the conduct of the merit system in the Bangsamoro Government including Bangsamoro Government-owned or controlled corporations; (d) give advice and provide assistance in developing constructive policies, standards and procedures, and (e) stimulate improvement in all areas of personnel management.
Periodic inspection and audit will include an appraisal of personnel management operations and activities relative to: (a) formulation and issuance of personnel policy; (b) recruitment and selection of employees; (c) personnel action and employment status; (d) career and employee development; (e) performance evaluation system; (f) employee suggestions and incentive award; (g) employee relations and services; (h) discipline; (i) personnel records and reporting; and (j) program evaluation.
Article 19. Complaints and Grievances. Employees shall have the right to present their complaints or grievances to management and have them adjudicated as expeditiously as possible in the best interest of the agency, the government as a whole, and the employee concerned. Such complaint or grievances shall be resolved at the lowest possible level in the ministry or agency, as the case may be, and the employee shall have the right to appeal such decision to higher authorities.
The Bangsamoro Government shall promulgate rules and regulations governing expeditious, fair, and equitable adjustment of employees’ complaints or grievances in accordance with the policies enunciated by the Commission.
Article 20. Employee Suggestions System. There shall be established a region-wide employee suggestions system which shall be administered under such rules, regulations, and standards as may be promulgated by the Bangsamoro Government.
Consultation Form
Book II
Chapters
Chapter I
GENERAL POLICIES AND PROCEDURES ON APPOINTMENTS
Article 21. General Policies on Appointment. The Bangsamoro Government shall ensure and promote the constitutional mandate that appointments in the Civil Service shall be made only according to merit and fitness. Merit and fitness shall be determined, as far as practicable, by competitive examinations. This does not apply to appointments to positions which are policy determining, primarily confidential, or highly technical.
Article 22. Human Resource Action. Any action denoting the movement or progress of human resource in the civil service such as promotion, transfer, reappointment, reinstatement, reemployment, reclassification, detail, reassignment, secondment, demotion and separation shall be known as human resource action.
Article 23. Procedures in the preparation of appointments. The following procedures shall be strictly observed in the preparation of appointments for authorized positions found in the Plantilla of Personnel and lump sum appropriation for contractual employees:
a. Appointment Form. The appointment form, which shall be in the prescribed CSC form, shall be used for appointments in the career and non-career service except those for casual appointments. The same may be translated to Arabic. The appointment must be prepared in three (3) original copies: one copy each for the appointee, for the CSC and for the agency.
The following items in the appointment form shall be properly filled in, as follows:
1. Name of the Appointee. The name indicated on the appointment must be the same name appearing in the Certificate of Live Birth submitted by the appointee and the Certificate of Marriage, in the case of a married female employee who opts to use the surname of her husband. The name of the appointee should be written in the following format: first name, middle name or initial, last name and name extension, if any.
2. Position Title, Salary/Job/Pay Grade and Step. The position title, salary/job/pay grade and step (if applicable) indicated in the appointment shall conform to the approved Plantilla of Personnel and should be found in the Index of Occupational Services (IOS), Position Titles and Salary Grades. The parenthetical title, if any, and salary/job/pay grade of the position shall be indicated after the position title. The parenthetical position title refers to the position title based on the actual duties and responsibilities in the Position Description Form and shall be the basis for the qualification standards.
3. Employment Status. The employment status shall be indicated on the space provided therefor. It may be permanent, temporary, coterminous, fixed term, contractual, substitute, or provisional. For contractual appointment, the duration of employment shall be indicated on the space provided for the Status of Appointment.
4. Ministry or Agency. The name of the ministry or agency shall be indicated in the appointment form. For station-specific appointments, the name of office or unit shall be indicated.
5. Compensation Rate. The corresponding amount of the monthly salary of the position based on the salary/job/pay grade and salary step thereof shall be indicated.
6. Nature of Appointment. The nature of appointment, which may be original, promotion, transfer, reemployment, reappointment, reinstatement, reclassification, or demotion, shall be indicated on the space provided therefor.
7. Plantilla Information. The name of the employee being replaced by the appointee should be indicated on the space provided, in addition to the Plantilla Item Number of the position and the page where the position can be found in the approved Plantilla of Personnel in the current year.
8.Signature of the Appointing Officer/Authority. The three (3) original copies of the appointment must be duly signed by the appointing officer/authority. The appointing officer/authority is the person or body authorized by law to make appointments in the Philippine Civil Service.
In case the appointing officer/authority delegates the authority to issue appointments to a next-in-rank official in the same agency, as authorized by law, a copy of the Office/Board Resolution or Order for the said purpose shall be submitted to the CSC-BARMM.
In no case shall digital/electronic or rubber-stamped signature of the appointing officer/authority on the appointment be allowed.
9. Date of Signing. The date of signing, which is the date of the issuance and the date of effectivity of the appointment, shall be indicated below the signature of the appointing officer/authority.
10. Certification as to the Completeness and Authenticity of the Requirements. The HRMO shall thoroughly review and check the veracity, authenticity and completeness of all the requirements.
11. Certification of Publication and Posting of Vacancy. Vacant positions authorized to be filled shall be published and posted in at least three (3) conspicuous places for a period of at least ten (10) calendar days for national government agencies (NGAs), state universities and colleges (SUCs), and government-owned or controlled corporations (GOCCs) with original charters in accordance with RA No. 7041 and its implementing guidelines, and not less than fifteen (15) calendar days for local government units pursuant to Section 80(a), Title Three, Book I, RA No. 7160, and Chapter IV Book II hereof.
The certification on the publication and posting of the vacant position including the date the deliberation was conducted by the Bangsamoro Promotion and Selection Board should be duly signed by the authorized HRMO.
12. Certification of Bangsamoro Promotion and Selection Board (BPSB) Evaluation/Screening. All appointees should be screened and evaluated by the BPSB, if applicable. As proof thereof, a certification signed by the Chairperson of the BPSB at the back of the appointment specifying that the majority of the BPSB members was present during the deliberation or alternatively, a copy of the proceedings/minutes of the BPSB deliberation shall be submitted together with the appointment. The BPSB deliberation in the NGAs, GOCCs with original charters, and SUCs (for their administrative and support staff) shall commence not earlier than ten (10) calendar days from the date of posting and publication of vacant positions; and in the local government units (LGUs) it shall not be made earlier than fifteen (15) calendar days from the date of posting and publication of vacant positions.
13. Certification by the Placement Committee. Reappointment to a comparable position as a result of reorganization pursuant to RA No. 6656or other laws shall be assessed by the Placement Committee. As proof thereof, a certification shall be signed by the Chairperson of the Placement Committee at the back of the appointment.
b. Personal Data Sheet. The Personal Data Sheet (PDS), as prescribed by CSC, updated and accomplished properly and completely by the appointee, shall be attached to the appointment. Said PDS shall contain an authorization from the employee that the CSC, ministry, office or agency head or their authorized representative can verify/validate the contents therein. It shall also be subscribed and sworn to before the HRMO or his/her authorized official in the agency, any officer authorized to administer oaths or a notary public. The PDS may be accomplished by the appointee either through his/her own handwriting or via typewriter/computer and must bear his/her signature on every page with a passport-size ID picture taken within the last six (6) months attached at the last page thereof.
c. Position Description Form. The Position Description Form, as prescribed by DBM and CSC, properly and completely accomplished, shall be attached to all appointments for authorized positions found in the Plantilla of Personnel and lump sum appropriation for contractual employees.
Article 24. Procedure in the Preparation of Casual Appointments. The following procedures shall be strictly observed in the preparation of casual appointments:
a. Appointment Form. The Plantilla of Casual Appointment shall be in the CSC prescribed form. The appointment must be prepared in three (3) original copies (appointee’s copy, CSC copy and agency copy). A maximum of fifteen (15) names of appointees, arranged alphabetically, shall be indicated in every page thereof.
b. Source of Funds. The source of funds for casual appointment shall always be indicated on the space provided.
c. Name of Appointee/s. The name indicated on the appointment must be the same name appearing in the Certificate of Live Birth submitted by each of the appointee and the Certificate of Marriage, in the case of a married female appointee who opts to use the surname of her husband. The name of the appointee should be written in the following format: last name, first name, name extension (if any), and middle name or initial.
Only a maximum of fifteen (15) appointees must be listed on each page of the Plantilla of Casual Appointments. The HRMO must also indicate ‘NOTHING FOLLOWS’ on the row following the name of the last appointee on the last page of the Plantilla. The agency HRMO should provide proper pagination (Page n of n page/s).
d. Position Title. The position title indicated in the appointment should be found in the IOS. The salary/job/pay grade, level of position, and the corresponding compensation rate per day for each appointee listed in the Plantilla of Casual Appointment shall always be indicated.
e. Period of Employment. The period of employment, which shall be the duration of the casual appointment of each appointee listed in the Plantilla of Casual Appointment shall be indicated in the following format: month, day and year (e.g. From: 07/01/2017 To: 12/31/2017).
f. Nature of Appointment. The nature of appointment, such as original, reappointment or reemployment shall be indicated on the space provided.
g. Signature of the Appointing Officer/Authority. The three (3) original copies of the appointment must be duly signed by the appointing officer/authority. The appointing officer/authority is the person or body authorized by law to make appointments in the Philippine Civil Service.
ln case the appointing officer/authority delegates the authority to issue appointments to a next-in-rank official in the same agency, as authorized by law, a copy of the Bangsamoro Autonomy Act for the said purpose shall be furnished to the CSC-BARMM.
In no case shall digital/electronic or rubber-stamped signature of the appointing officer/authority on the appointment be allowed.
h. Date of Signing. The date of signing, which is the date of the issuance and the date of effectivity of the appointment, shall be indicated below the signature of the appointing officer/authority.
i. Certification as to the Completeness and Authenticity of the Requirements. The HRMO shall thoroughly review and check the veracity, authenticity and completeness of all the requirements and documents in support of the appointment. He/she shall sign the certification at the lower portion of the appointment.
j. Certification (For LGUs). The Provincial/City/Municipal Accountant shall certify that funds are available for the subject appointment/s.
The appointing officer/authority shall certify that such appointment is issued in accordance with the limitations provided under Section 325 of the Local Government Code of 1991 (RA No. 7160).
In case the Local Accountant position is vacant, the Local Assistant Accountant shall sign the certification. In the absence of such position, the Local Chief Executive may designate the Local Budget Officer to certify the availability of funds. The delegation should be supported by an Office Order, a copy of which should be furnished the CSC-BARMM.
k. Personal Data Sheet (PDS). The PDS, as prescribed by CSC, completed by the appointee, subject to the requirements of Item b, Article 23 of this Book shall be attached to the Plantilla of Casual Appointments. The PDS need not be attached to the appointment involving Reappointment (renewal).
EMPLOYMENT STATUS
Article 25. Employment Status. The employment status in the civil service shall be determined by the appointment issued, which can be any of the following: permanent, temporary, substitute, coterminous, fixed term, contractual, and casual.
Article 26. Permanent. Permanent appointment is issued to a person who meets all the qualification requirements of the position to which he/she is being appointed to, including the appropriate eligibility, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof.
Article 27. Temporary. Temporary appointment is issued to a person who meets the education, experience and training requirements for the position to which he/she is being appointed to, except for the appropriate eligibility. A temporary appointment may only be issued in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer/authority. The appointment shall not exceed twelve (12) months, reckoned from the date it was issued but the appointee may be replaced sooner if a qualified eligible who is willing to accept the appointment becomes actually available.
However, in no case shall a temporary appointment be issued for position that involve practice of profession regulated by bar/board law for lack of the required license and/or certificate of registration.
A temporary appointment issued to a person who does not meet any of the education, training or experience requirements for the position shall be disapproved/invalidated except to positions that are hard to fill, or other meritorious cases as may be determined by the Commission, or as provided by special law, such as Medical Officer/Specialist positions, Special Science Teacher, and Faculty positions. Except for these positions, temporary appointments may only be renewed once.
A temporary appointment to a position which involves practice of profession may be issued to a person who lacks the required experience or training but only in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer/authority.
When there are no available qualified faculty in the region, place or locality, as certified by the appointing officer/authority, temporary appointments may be issued until the required Master's degree is met/complied with. The renewal of temporary appointment shall be limited to five (5) times only reckoned from the effectivity of CSC Memorandum Circular No. 25, s. 2017.
A temporary appointment issued to a person who meets all the requirements of the position shall be disapproved/invalidated.
Article 28. Substitute. Substitute appointment is issued when the regular incumbent of a position is temporarily unable to perform the duties of the position, as when the incumbent is on an approved leave of absence, under suspension, on a scholarship grant or is on secondment. This is effective only until the return of the incumbent. A substitute appointment is allowed only if the leave of absence of the incumbent is at least three (3) months, except in the case of teachers.
A person who is issued a substitute appointment to a position whose duties involve practice of a profession covered by Bar/Board or special laws shall be required to possess the appropriate professional license. The substitute appointee shall be entitled to the salaries and benefits attached to the position except for those benefits requiring longer period of service for the availment thereof.
Article 29. Coterminous. Coterminous appointment is issued to a person whose tenure is limited to a period specified by law or whose continuity in the service is based on the trust and confidence of the appointing officer/authority or of the head of the organizational unit where assigned. Specifically, the categories of coterminous appointments are:
1. Coterminous with the appointing officer/authority — an appointment is coexistent with the term/tenure of the appointing officer/authority.
2. Coterminous with the head of the organizational unit where assigned an appointment is coexistent with the term/tenure of the head of the organizational unit to which he/she is assigned, who is not the appointing officer/authority.
Appointees to coterminous positions that are not primarily confidential in nature (items 1 and 2) must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these coterminous appointments.
Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.
3. Coterminous (primarily confidential in nature) — an appointment to positions determined by law or declared by the Commission to be primarily confidential in nature, the duties and responsibilities of which imply not only confidence in the aptitude of the appointees but primarily close intimacy which insures freedom of discussion, delegation and reporting without embarrassment or freedom from misgivings or betrayals of personal trust. Appointees to primarily confidential positions are exempt from the qualification requirements, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses.
4. Coterminous with the Lifespan of the Agency — appointment to a position which is co-existent with the lifespan of the agency based on the agency’s Staffing Pattern as approved by the DBM or the GCG.
Appointments to positions which are coterminous with the lifespan of the agency need not be renewed annually. The lifespan of the agency shall be indicated on the appointment. However, if the performance of the appointee is below Satisfactory, the appointing officer/authority may terminate the services of, or replace the appointee after giving the latter a notice of at least thirty (30) days prior to the date of termination of the appointment.
Employees whose appointments are coterminous with the lifespan of the agency must meet the education, experience and training requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these coterminous appointments.
Eligibility is not required for coterminous appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference shall be given to civil service eligibles.
Article 30. Fixed Term. Fixed term appointment is issued to a person with a specified term of office, subject to reappointment as provided by law, such as Chairperson and members of commissions and boards, SUC President, and Head of Agency appointed by the Board.
Article 31. Contractual. Contractual appointment is issued to a person whose employment in the government is in accordance with a special contract to undertake local or foreign-assisted projects or a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period. This includes appointments to positions that are co-existent with the duration of a particular project based on the agency’s Staffing Pattern as approved by the DBM or the GCG. The inclusive period of the contractual appointment shall be indicated on the face of the appointment for purposes of crediting services.
Contractual appointments are limited to one year, but may be renewed every year, based on performance, until the completion of the project or specific work. However, if the performance of the appointee is below satisfactory or where the funds have become insufficient or unavailable, the appointing officer/authority may terminate the services of, or replace, the appointee after giving the latter a notice at least 30 days prior to the date of termination of appointment.
Employees under contractual appointment must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these contractual appointments.
Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.
The appointee shall perform the work or job under his/her own responsibility with minimal direction and supervision from the employing agency.
In no case shall a contractual appointment be issued to fill a vacant plantilla position or a contractual employee perform the duties and responsibilities of the vacant plantilla position.
Reappointment (renewal) of contractual appointments to the same position shall be submitted to the CSC for notation only, without the need for approval/validation. However, reappointment of contractual appointments to another position shall be submitted for approval/validation by the CSC-BARMM.
Article 32. Casual. Casual appointment is issued only for essential and necessary services where there are not enough regular staff to meet the demands of the service and for emergency cases and intermittent period not to exceed one year.
Employees under casual appointment must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these casual appointments. Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.
In no case shall a casual appointment be issued to fill a vacant plantilla position or a casual employee perform the duties and responsibilities of the vacant plantilla position.
Reappointment (renewal) of casual appointments to the same position shall be submitted to the CSC for notation only, without the need for approval/validation. However, reappointment of casual appointments to another position shall be submitted for approval/validation by the CSC-BARMM.
Employees under contractual or casual appointment are entitled to the same benefits enjoyed by regular employees.
Article 33. Employment Status of Teachers. The employment status of teachers to any teaching position shall be any of the following:
1.Permanent — an appointment issued to an appointee who meets all the requirements of the position.
2.Provisional —— an appointment issued to an appointee who meets all the requirements of the position except the eligibility but only in the absence of a qualified eligible actually available who is willing to accept the appointment, as certified by the Schools Division Superintendent. It shall not be effective beyond the school year during which it was issued. The appointment may be subject to reappointment (renewal). Scholar- graduates of the Merit Scholarship Program of the Department of Science and Technology - Science Education Institute (DOST-SEI) shall be allowed to teach on provisional status, which appointment may be renewed every school year but not to exceed four (4) years.
3.Temporary — an appointment issued to an appointee who meets all the requirements of the position except the education but only in the absence of applicants who possess the minimum educational qualification, as certified by the Schools Division Superintendent. It shall not be effective beyond the school year during which it was issued. The appointment may be subject to reappointment (renewal).
4. Substitute —an appointment issued to an appointee when the regular incumbent of the position is temporarily unable to perform the duties of the position. It shall be effective until the return of the incumbent.
Appointees to substitute teaching positions shell be required to possess RA No. 1080 (Teacher) eligibility.
5.Contractual — an appointment issued to an appointee who shall teach specialized subjects in secondary education on part-time basis. The inclusive period shall be indicated on the appointment for purposes of crediting services.
Appointees to contractual teaching positions for specialized subjects shall not be required to possess RA No. 1080 (Teacher) eligibility.
Article 34. Nature of Appointment. The nature of appointment shall be, as follows: original, promotion, transfer, reemployment, reappointment, reinstatement, demotion and reclassification.
Article 35. Original. Original appointment is the initial entry into the career or non-career service.
Article 36. Promotion. Promotion is the advancement of a career employee from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. Promotion may be from one department or agency to another or from one organizational unit to another within the same department or agency. Provided, however, that any upward movement from the non-career service to the career service and vice versa shall not be considered as a promotion but as reappointment.
An employee who is promoted to another agency shall notify the head of the department or agency in writing where he/she is employed at least thirty (30) days prior to his/her assumption to the position. It is understood that the employee who is promoted to another agency is cleared from all money, property and work-related accountabilities.
The pendency of an administrative case against any employee shall not be a bar to promotion.
An employee who has been found guilty of an administrative offense and imposed the penalty of demotion, suspension or fine shall be disqualified for promotion for the same period of suspension or fine. In the case of demotion, the period of disqualification for promotion shall be within one (1) year.
Article 37. Transfer. Transfer is the movement of employee from one position to another which is of equivalent rank, level or salary without gap in the service involving the issuance of an appointment.
The transfer may be from one organizational unit to another in the same ministry, office or agency or from one department or agency to another: Provided, however, that any movement from the non-career service to the career service and vice versa shall not be considered as a transfer but reappointment.
An employee who seeks transfer to another office shall notify the head of the department or agency in writing where he/she is employed at least thirty (30) days prior to the effective date of his/her transfer. The head of the department or agency shall notify the employee in writing of the approval of the request to transfer within 30 days from date of notice.
If the request to transfer of an employee is not granted by the head of the ministry, office or agency where he/she is employed, it shall be deemed approved after the lapse of 30 days from the date of notice without the need to notify the employee concerned.
It is understood that the employee who seeks to transfer is cleared from all money, property and work-related accountabilities.
If, for whatever reason, the employee fails to transfer on the specified date, he/she shall be deemed resigned. However, should the employee opt to remain in the same agency before the specified date of transfer, the employee may be reappointed if there is no gap in the service or reemployed if there is gap in the service. In both cases, the employee shall undergo the usual hiring process.
Article 38. Reemployment. Reemployment is the appointment of a person who has been previously appointed to a position in the government service but was separated therefrom as a result of reduction in force, reorganization, retirement, voluntary resignation, or any non-disciplinary action such as dropping from the rolls and other modes of separation. Reemployment presupposes a gap in the service.
No prior authority from the Commission shall be required for the reemployment of a person who has been previously retired or resigned and who has not reached the compulsory retirement age of 65.
Article 39. Reappointment. Reappointment is the issuance of an appointment as a result of reorganization, devolution, salary standardization, re-nationalization, recategorization, rationalization or similar events, including the following:
1. The issuance of appointment from temporary to permanent, career to non-career or vice versa, non-career to another non-career, all of which entails no gap in the service, shall be considered as reappointment. Non-career employees who are appointed for the first time in the career service under permanent status shall be required to undergo probationary period for six (6) months.
2. The renewal of temporary, contractual and casual appointment upon the expiration of the appointment or subsequent appointment of substitute teachers, which entails no gap in the service, shall be considered as reappointment. A temporary appointment may be renewed in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer/authority and provided that the performance rating of the employee is at least satisfactory.
3. Personal or coterminous staff of elective officials, who shall continue to serve in a coterminous capacity upon re-election of the said elective officials, shall be issued new appointments. The nature of appointment shall be reappointment.
If the request to transfer of an employee is not granted by the head of the department or agency where he/she is employed, it shall be deemed approved after the lapse of 30 days from the date of notice without the need to notify the employee concerned.
It is understood that the employee who seeks to transfer is cleared from all money, property and work-related accountabilities.
If, for whatever reason, the employee fails to transfer on the specified date, he/she shall be deemed resigned. However, should the employee opt to remain in the same agency before the specified date of transfer, the employee may be reappointed if there is no gap in the service or reemployed if there is gap in the service. In both cases, the employee shall undergo the usual hiring process.
Article 40. Reinstatement (to comparable position). Reinstatement to comparable position is the restoration of a person, as a result of a decision, to a career position from which he/she has, through no delinquency or misconduct, been separated but subject position is already abolished, requiring the issuance of an appointment to a comparable position to the separated employee.
However, reinstatement (to the same position/item), which involves the restoration of a person, as a result of a decision, to a career position from which he/she has, through no delinquency or misconduct, been separated from the service and subject position is still available, does not need the issuance of an appointment.
Article 41. Demotion. Demotion is the movement of an employee from a higher position to a lower position where he/she qualifies, if a lower position is available. The demotion entails reduction in duties, responsibilities, status or rank, which may or may not involve a reduction in salary.
In cases where the demotion is due to reorganization or rationalization, the employee shall be allowed to continue to receive the salary of the higher position.
In cases where the demotion is voluntary or at the instance of the employee, he/she shall be allowed to receive the same step of the salary grade of the position where he/she voluntarily sought to be appointed. A written consent shall be secured from the demoted employee.
Article 42. Reclassification. Reclassification is a form of staffing modification and/or position classification action which is applied only when there is a substantial change in the regular duties and responsibilities of the position. This may result in a change in any or all of the position attributes: position title, level and/or salary grade. It generally involves a change in the position title and may be accompanied by an upward or downward change in salary. Reclassification is the generic term for changes in staff/position classification which includes upgrading, downgrading, and categorization.
Reclassification of position requires the issuance of an appointment but the same is ministerial on the part of the appointing officer/authority.
The appointment of an incumbent (permanent employee) whose position was reclassified shall be approved/validated, regardless of whether he/she meets the qualification requirements of the position involved. The incumbent of the reclassified position has a vested right to the reclassified position but he/she shall not be promoted unless he/she meets the qualification requirements of the next higher position.
In LGUs, no reclassification shall be allowed except when the position is actually vacant.
Article 43. Adjustments or movements of human resource without need of issuance of an appointment. Adjustments or movements of human resource which do not involve changes in position title, rank or status shall not require the issuance of an appointment. A notice of such change or movement shall be issued to the employee. A copy thereof shall be kept in the employee’s 201 File and another copy shall be submitted to the CSC-BARMM for record purposes.
The adjustments or movements of human resource shall include the following:
a. Change in item number — the adjustment or shifting of item number of a position per agency Plantilla of Personnel.
b. Salary adjustment — the change in salary as a result of increase in pay levels or upgrading of positions which does not involve a change in qualification requirements.
c. Step increment — the increase in salary from step to step within the salary grade allocation of the official or employee's position in recognition of meritorious performance based on a Performance Management System approved by the CSC and/or through length of service. A Notice of Step Increment (NOSI) is issued by the heads of agencies for this purpose.
d. Reinstatement (to the same position/item) — the restoration, as a result of a decision, of a person to a career position from which he/she has, through no delinquency or misconduct, been separated therefrom. The employee has a vested right to his/her former item, hence, he/she is deemed not to have left the service and therefore has no gap in the service. He/she shall be entitled to payment of back salaries including allowances and all benefits which would have accrued if he/she has not been separated. A copy of the decision shall be furnished the CSC-BARMM for record purposes.
The appointment of the employee hired to fill the position of an employee with pending appeal of his/her dismissal or separation from the service shall bear a colatilla that his/her appointment is subject to the outcome of the case.
e. Demotion as a result of a disciplinary action - the adjustment of the salary of an employee to the next lower salary grade with the same salary step. A notice of salary adjustment shall be issued.
f. Positions marked as coterminous with the incumbent (CTI) as a result of rationalization or reorganization of the agency — A person issued with a permanent appointment whose position is marked as CTI (coterminous with the incumbent) as a result of rationalization or reorganization of his/her agency shall retain his/her permanent status until he/she is appointed/promoted to another position, or resigns or retires from the service. The CTI status of the position shall be reflected in the Plantilla of Personnel of the agency.
In case of promotion or separation from the service through retirement, resignation, transfer, death of the incumbent, the position marked as CTI shall automatically be abolished.
CHAPTER III
OTHER HUMAN RESOURCE ACTIONS
Article 44. Other Human Resource Actions. The following human resource actions which will not require the issuance of an appointment shall nevertheless require an Office Order issued by the appointing officer/authority: reassignment, detail and designation.
Article 45. Reassignment. Reassignment is the movement of an employee across the organizational structure within the same department or agency, which does not involve a reduction in rank, status or salary.
Reassignment shall be governed by the following:
1. Reassignment of employees with station-specific place of work indicated in their respective appointments within the geographical location of the agency shall be allowed only for a maximum period of one (1) year. The restoration or return to the original post/assignment shall be automatic without the need of any order of restoration/revocation of the order of reassignment.
The reassigned employee who is restored to his/her original post/assignment pursuant to the decision of the Commission shall not be reassigned within one (1) year reckoned from the date of restoration to the original post/assignment. Otherwise, the appointing officer/authority or the authorized official who caused the subsequent reassignment within one (1) year from the date of restoration may be cited for indirect contempt by the Commission.
An appointment is considered station-specific when: (a) the particular office or station where the position is located is specifically indicated on the face of the appointment paper; or (b) the position title already specifies the station, such as Human Resource Management Officer, Accountant, Budget Officer, Assessor, Social Welfare and Development Officer, and such other positions with organizational unit/station-specific function. Such position titles are considered station-specific even if the place of assignment is not indicated on the face of the appointment.
2. If an appointment is not station-specific, the one-year maximum period of reassignment within the geographical location of the agency shall not apply. However, the employee concerned may request for a recall of the reassignment citing his/her reasons why he/she wants to go back to his/her original station. The reassignment may also be revoked or recalled by the appointing officer/authority or be declared not valid by the Civil Service Commission or a competent court, on appeal.
3. Reassignment is presumed to be regular and made in the interest or exigency of public service unless proven otherwise or if it constitutes constructive dismissal. Constructive dismissal exists when an official or employee quits his/her work because of the agency head’s unreasonable, humiliating, or demeaning actuations, which render continued work impossible because of geographic location, financial dislocation and performance of other duties and responsibilities inconsistent with those attached to the position. Hence, the employee is deemed illegally dismissed. This may occur although there is no diminution or reduction in rank, status or salary of the employee.
Reassignment that constitutes constructive dismissal may be any of the following:
i. Reassignment of an employee to perform duties and responsibilities inconsistent with the duties and responsibilities of his/her position such as from a position of dignity to a more servile or menial job;
ii. Reassignment to an office not in the existing organizational structure;
iii. Reassignment to an existing office but the employee is not given any definite set of duties and responsibilities;
iv. Reassignment that will cause significant financial dislocation or will cause difficulty or hardship on the part of the employee because of geographic location; or
v. Reassignment that is done indiscriminately or whimsically because the law is not intended as a convenient shield for the appointing/disciplining officer to harass or oppress a subordinate on the pretext of advancing and promoting public interest such as reassignment of employees twice within a year, or reassignment of career service officials and employees with valid appointments during change of administration of elective and appointive officials.
Reassignment that results in constructive dismissal must be sufficiently established.
4. The employee may appeal the reassignment order within fifteen (15) days upon receipt thereof to the CSC-BARMM as provided under specific law, if he/she believes there is no justification for the reassignment. Pending appeal, the reassignment shall not be executory. The Decision of the CSC-BARMM may be further appealed to the Commission within 15 days from receipt thereof.
5. Reassignment of public health workers, public social workers, public school teachers and all other professions covered by special laws shall be governed by their respective laws. However, the rules herein mentioned shall be applied suppletorily.
Article 46. Detail. Detail is the temporary movement of an employee from one ministry, office or agency to another which does not involve a reduction in rank, status or salary.
Detail shall be governed by the following rules:
a. The detailed employee shall receive his/her salary only from his/her parent agency.
b. Detail without consent shall be allowed only for a period of one (1) year.
c. Detail with consent shall be allowed for a maximum of three (3) years, the extension or renewal of the detail shall be discretionary on the part of the parent agency.
d. Detail from one agency to another shall be covered by an agreement manifesting the arrangement between the agency heads that it shall not result in reduction in rank, status or salary of the employee, the duration of the detail, duties to be assigned to the employee and responsibilities of the parent agency and receiving agency.
e. The employee may appeal the detail order within 15 days upon receipt to the CSC-BARMM if he/she believes there is no justification for the detail. Pending appeal, the detail order shall be executory unless otherwise ordered by the Commission. The decision of the said CSC-BARMM may be further appealed to the Commission within fifteen (15) days from receipt.
f. During the period of the detail, the parent agency relinquishes administrative supervision and control over the detailed employee to the receiving agency. In this regard, the receiving agency has the following responsibilities: to monitor the punctuality and attendance of the employee, approve requests for leave, evaluate the employee’s performance, grant the authority to travel and exercise other acts necessary to effectively supervise the employee; provided, a report on said matters is submitted to the parent agency for record purposes.
g. The detailed employee shall be designated by the receiving agency to a position whose duties are comparable to his/her position in the parent agency. However, he/she shall not be designated to a position exercising control or supervision over regular and career employees of the receiving agency.
h. Prior to the effectivity of the detail, the parent agency shall furnish a certification of the available sick and vacation leave credits of the detailed employee to the receiving agency. In the event the receiving agency approves requests for leave by the detailed employee, a copy of the same shall be submitted to the parent agency.
i. The authority to discipline the detailed employee is still vested in the appointing officer/authority of the parent agency where he/she belongs. As used herein, the authority to discipline includes the determination of the existence of a prima facie case against the detailed employee, issuance of a formal charge, issuance of the order of preventive suspension if the case so warrants, conduct of formal investigation, and rendering of the decision on the administrative case.
With respect to the administrative case arising from acts done by the employee in the receiving agency, said agency shall have the right to initiate or file the complaint against the detailed employee subject to the provisions of the 2017 Rules on Administrative Cases in the Civil Service (RACCS).
j. All human resource actions and movements, including monetization of leave credits, concerning the detailed employee, shall still be under the jurisdiction of the parent agency notwithstanding that the employee is detailed in another agency.
Article 47. Designation. Designation is the movement that involves an imposition of additional and/or higher duties to be performed by a public official/employee which is temporary and can be terminated anytime at the pleasure of the appointing officer/authority. Designation may involve the performance of the duties of another position on a concurrent capacity or on full-time basis.
A designation in an acting capacity entails not only the exercise of the ministerial functions attached to the position but also the exercise of discretion since the person designated is deemed to be the incumbent of the position.
Officials designated as Officer-in-Charge (OIC) enjoy limited powers which are confined to functions of administration and ensuring that the office continues its usual activities. The OIC may not be deemed to possess the power to appoint employees as the same involves the exercise of discretion which is beyond the power of an OIC, unless the designation order issued by the proper appointing officer/authority expressly includes the power to issue appointment.
Designation shall be governed by the following rules:
1. Employees to be designated should hold permanent appointments to career positions.
2. Designees can only be designated to positions within the level they are currently occupying. Employees holding first level positions cannot be designated to perform the duties of second level positions except in meritorious cases as determined by the CSC upon request for exemption by the agency concerned, such as organizational set-up, calamity, and due to exigency of the service. This exception shall not apply to positions involving supervisory and executive managerial functions. Division Chiefs may be designated to perform the duties of second level executive/managerial or third level positions.
3. For positions with incumbents who temporarily cannot perform the duties of the position (due to vacation or sick leave, study leave scholarship, maternity leave, special assignments), the designation should be synchronized with the absence of the incumbent, unless earlier revoked or recalled by the appointing officer/authority. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.
4. For positions without incumbents, a designation may be made only for a maximum of one (1) year. However, the designation of employees may be renewed every year in the exigency of the service but not to exceed two (2) years.
5. Designations shall be made through an office order issued by the appointing officer/authority concerned.
6. For designation to critical positions in the local government units such as Provincial/City/Municipal Government Department Head, a copy of the office order shall be furnished by the HRMOs of the LGUs to the CSC within thirty (30) days upon its issuance. Employees designated to positions with duties involving practice of profession shall be required to possess the necessary professional license.
7. Designees cannot be granted the salaries of the positions they are being designated to. However, allowances that go with the performance of the functions such as RATA (Representation and Transportation Allowance) or EME (Extraordinary and Miscellaneous Expenses) may be granted as provided under the provisions of the General Appropriations Act (GAA) or appropriation ordinance of the respective local sanggunian; provided, the grant of the same is specifically stated in the designation order.
8. Only experience gained from designation compliant with the above stated rules shall be credited as relevant experience for purposes of appointment.
Article 48. Probationary Period. Original appointees in the career service with permanent status of appointment shall undergo a probationary period for six months or depending on the requirement of the position, with a thorough assessment of his/her performance and character, including a general orientation for newly-hired.
Probationary period refers to the period of actual service following the issuance of a permanent appointment wherein the appointee undergoes a thorough character investigation and assessment of capability to perform the duties of the position enumerated in the Position Description Form (PDF).
The probationary period shall cover the following employees:
a. Those who are issued original appointments under permanent status in the career service and who meet all the requirements of the positions;
b. Non-career service employees who are reappointed/reemployed to a career position under permanent status;
c. Temporary appointees who after meeting the eligibility requirements for a permanent appointment in the career service are reappointed (change of status to permanent).
d. Those who are reemployed under permanent status;
e. First-time appointees to closed career positions (faculty and academic staff in state universities and colleges/local colleges and universities, and Scientist), unless otherwise provided under the agency Charter;
f. Appointees to teaching positions under provisional status shall undergo a probationary period for not less than one (1) year from the date of the original provisional appointment;
g. Appointees to Category Ill positions as provided in CSC MC No. 11, s. 1996, as amended shall be under probation for a period of one (1) year; and
h. Appointees whose positions require probationary period as may be provided by law.
A notation that the appointee is under probation for a specified period shall be indicated in the appointment issued.
The following employees shall be exempted from undergoing probationary period:
a. Teachers who, prior to issuance of permanent appointments, have acquired adequate training and professional preparation in any school recognized by the government, and possess the appropriate civil service eligibility pursuant to Section 4 of Republic Act No. 4670;
b. First-time appointees to closed career positions in SUCs, and scientific and research institutions if so provided under their agency Charters; and
c. Appointees to positions exempted from the probationary period as may be provided by law.
Article 49. Review and Monitoring of Employee’s Performance. To facilitate the review and monitoring of employee performance, the performance targets and work output standards of a probationer shall be set, agreed upon and duly signed by the probationer, the immediate supervisor (rater), and the head of agency within five (5) days upon appointee's assumption to duty.
The appointee's performance during the probationary period shall be reviewed as follows:
a. The immediate supervisor (rater) shall regularly gather feedback on the appointee’s performance, and conduct feedback sessions to determine appropriate interventions to improve the appointee's performance;
b. The performance appraisal/evaluation shall be done at least twice during the probationary period and within every three (3) months or six (6) months, depending on the duration of the probationary period, as required by the position;
c. The performance review shall be conducted within 10 days before the end of every rating period during the probationary period.
d. The critical factors to be reviewed shall be based on the performance dimensions indicated in the agency Strategic Performance Management System (SPMS) and may include competency (knowledge, skills and attitude), and job-related critical incidents, such as habitual tardiness and continuous absence from work;
e. The performance evaluation report shall be reviewed and certified by the agency Performance Management Team (PMT) or any duly constituted review committee; and
f. The probationers shall be furnished with copies of the records of feedback, job-related critical incidents, and performance evaluation reports with comments on their capability to meet the performance targets and work output standards and/or recommendation for the continuity of the permanent appointment of the probationer. Corresponding copies shall be included in the 201 file of the appointees.
Article 50. Termination for Unsatisfactory Conduct or Want of Capacity. The services of the appointee can be terminated for unsatisfactory conduct or want of capacity before the end of the second performance review on the sixth (6th) month or depending on the duration of the probationary period as required by the position.
Unsatisfactory conduct or behaviour refers to the failure of the appointee to observe propriety in his/her acts, behaviour and human/public relations, and to irregular punctuality and attendance while performing their duties and responsibilities during the probationary period. This may include cases of neglect of duty, misconduct, insubordination, habitual tardiness and absenteeism.
On the other hand, want of capacity shall refer to the failure of the appointee during the probationary period to perform the duties and responsibilities based on standards of work outputs agreed upon and reflected in the duly signed performance targets despite the developmental intervention provided by the immediate supervisor.
The appointee shall be issued a notice of termination of service by the appointing officer/authority within fifteen (15) days immediately after it was proven that he/she demonstrated unsatisfactory conduct or want of capacity before the end of the second performance review on the sixth (6th) month or depending on the duration of the probationary period. Such notice shall state, among other things, the reasons for the termination of service and shall be supported by at least two of the following:
1. Performance Evaluation Report;
2. Report of the immediate supervisor (rater) on job-related critical and unusual incidents and on unsatisfactory conduct or behaviour of the appointee; or
3. Other valid documents that may support the notice of termination of service.
The notice of termination of service shall be executory after fifteen (15) days from receipt of the employee concerned. The same may be appealed to CSC, within fifteen (15) days from receipt of notice but shall be executory pending appeal. A copy of the Notice of Termination of Service shall be included in the 201 file of the appointee and furnished the CSC for recording in the Service Card.
If no notice of termination of office is given by the appointing officer/authority to the employee before the expiration of the six-month or depending on the duration of the probationary period, the probationer becomes a regular employee of the agency concerned.
Article 51. Effectivity and Submission of Appointments. An appointment issued in accordance with pertinent laws and rules shall take effect immediately on the date it was signed by the appointing officer/authority. The date of signing shall be indicated below the signature of the appointing officer/authority in the appointment form.
The date of the appointment shall not fall on a Saturday, Sunday or holiday, except in cases where the date of issuance is specifically provided in a special law such as in the appointment of personal and confidential staff of Constitutional officials and elective officials and where the service should not constitute a gap such as in transfer and reappointment.
If the appointee has taken his/her oath of office and assumed the duties of the position, he/she shall be entitled to receive his/her salary at once without awaiting the approval/validation of his/her appointment by the Commission. The appointment shall remain effective until disapproved/invalidated by the Commission. In no case shall an appointment take effect earlier than the date it was signed except in cases authorized by law.
No official or employee shall be required to assume the duties and responsibilities of the position without being furnished with a copy of his/her appointment by the HRMO after it is signed by the appointing officer/authority. The appointee shall acknowledge receipt of the appointment by signing on the acknowledgment portion at the back of the appointment form.
The appointment of officials or employees who are on official leave of absence, training or scholarship grant, shall be effective upon assumption or upon return from official leave of absence, scholarship or training.
Article 52. Concurrence of Local Sanggunian in Appointments Issued by Local Government Units Required. In the case of local government units, the appointment issued by the appointing officer/authority to a department head position requires the concurrence of the majority of all the members of the local sanggunian. The appointing officer/authority shall submit the appointment to the local sanggunian for concurrence within seven (7) calendar days upon issuance. Failure to submit the appointment to the sanggunian within the prescribed period may render the person/s responsible administratively liable.
If the sanggunian does not act on the appointment within fifteen (15) calendar days from the date of its submission, said appointment shall be deemed concurred.
The effectivity date of the appointment shall be the date of the signing of the appointing officer/authority which shall end the moment the local sanggunian rejects or disapproves it. The services rendered after the rejection shall not be considered government service and the payment of salaries shall be the liability of the appointing officer/authority.
In case the appointment is not submitted to the local sanggunian for concurrence and the same is later on disapproved or invalidated by the Commission, the appointment shall not be considered effective from the date of issuance.
Article 53. Submission of Appointment to the Commission. An appointment shall be submitted to the Commission within thirty (30) calendar days from the date of issuance. In case of appointments issued by accredited/deregulated agencies, the Report on Appointments Issued (RAI) together with the original CSC copy of appointments issued during the month and the required attachments shall be submitted on or before the 30th day of the succeeding month.
The delay in the submission of appointment or RAI to the CSC shall not be taken against the appointee. The effective date of appointment shall not be adjusted based on the delay, thus the original date of appointment shall be retained However, the responsible official/s who caused the delay in the submission or non- submission of the appointment may be held administratively liable for neglect of duty.
Furthermore, the delay in the submission or non-submission of RAI may be reflected by the CSC-BARMM Director as a critical incident in the Agency Capability Evaluation Card (ACEC) and may result in the revocation of the accredited/deregulated status of the agency.
The appointee, whose appointment was submitted to the Commission beyond the prescribed 30-day period shall be entitled to the payment of salary from the government immediately following the effectivity of the appointment and assumption to duty. The services rendered by the appointee shall be credited as government service.
Article 54. Cancellation of Appointment for Failure to Assume Office. An appointment issued by the appointing officer/authority may be cancelled if the appointee does not assume office or report within thirty (30) calendar days from receipt of the written notice of the appointment.
The cancellation of the appointment shall be reported to the Commission for record purposes. The position is automatically deemed vacant upon cancellation of the appointment by the appointing officer/authority without the need for an approval or declaration by the Commission. The appointing officer/authority may select from among the top ranking candidates for the position or order the re-publication of the vacant position pursuant to RA No. 7041.
Officials or employees who are on official leave of absence, training or scholarship grant, whose appointment shall be effective upon assumption or upon return from official leave of absence, scholarship or training, shall be exempt from this provision.
If the appointee is not allowed to assume office by the appointing officer/authority or other officials concerned despite his/her receipt of the appointment, or submission thereof to the Commission for approval, the official/s or employee/s who caused the non-assumption of the appointee shall be held administratively liable therefor.
Article 55. Reckoning of Temporary Appointment. In the case of temporary appointment, the twelve-month period of its effectivity shall be reckoned from the date of the issuance of the appointment and not from the date the appointee assumed the duties of the position.
Article 56. of Assumption Without Appointment First Issued. The services rendered by any person who was required to assume the duties and responsibilities of any position without an appointment having been issued by the appointing officer/authority shall not be credited nor recognized by the Commission and the payment of salaries and other benefits shall be the personal liability of the person who made him/her assume office.
Article 57. Actual Assumption of Duties as Basis for Payment of Salary and Determination of Service Rendered. The date of the actual assumption of duties of the appointee, as indicated in the Certification of Assumption to Duty in the CSC prescribed form.
CHAPTER IV
VACANCY
Article 58. Publication and Posting Requirements of Vacant Positions. Vacant positions in the career service, including vacant executive/managerial positions in the second level that are authorized to be filled, together with their corresponding qualification standards and plantilla item numbers, shall be published and posted in three (3) conspicuous places for a period of at least ten (10) calendar days.
Article 59. Submission of the List of Vacancies to the Civil Service Commission – Bangsamoro Autonomous Region in Muslim Mindanao. All Ministries, offices and agencies shall submit a list of their vacant positions authorized to be filled and their corresponding qualification standards and plantilla item numbers in the CSC prescribed form in electronic and printed copies to the CSC-BARMM. The printed and the electronic copies shall be forwarded to the CSC-BARMM for publication.
In addition, Ministries, offices and agencies shall publish vacant positions through other modes such as the Bangsamoro Job Portal or in a newspaper of local and/or national circulation or other job search websites. The reckoning date of publication will be the publication/republication date, regardless of the mode, as certified by the HRMO; Provided, that a request for publication of vacant position/s has been filed at the CSC-BARMM on the same day of publication in the Bangsamoro Job Portal or newspaper or other job search websites.
Any incorrect information in the publication of vacant positions, i.e., item number, position title or qualification standards shall be a ground for the disapproval/invalidation of appointments.
Article 60. Positions Exempt from Publication and Posting. The following positions are exempt from the publication and posting requirements:
a. Primarily confidential;
b. Policy-determining;
c. Highly technical which includes the faculty and academic staff of state/local colleges and universities, and scientific and technical positions in scientific and research institutions with established merit systems;
d. Coterminous with that of the appointing officer/authority, including other non- career positions such as contractual and casual identified under Section 9, Subtitle A, Title I, Book V of EO No. 292;
e. Reappointment (change of status to permanent) of those appointed on temporary status for Category ll positions under CSC MC No. 11, s. 1996, as amended; or
f. Reappointment (renewal) of those appointed on temporary status for Medical Officer/Specialist positions pursuant to PD No. 1424, Further Amending RA No. 1243, As Amended by RA No. 2251, otherwise known as the “Hospital Residency Law";
g. Those to be filled by existing regular employees in the ministry, office or agency in case of reorganization/rationalization; provided, theapproved staffing pattern is posted in the ministry, office or agency bulletin boards and other conspicuous places.
Article 61. Vacant Generic Positions. The qualification standards of the parenthetical title should be used in the publication of vacant generic positions.
Article 62. Positions Occupied by Holders of Temporary Appointments. All positions occupied by holders of temporary appointments, except positions under Category II of CSC MC No. 11, s. 1996, as amended, shall be continuously posted in three (3) conspicuous places in the agency and published in the CSC Bulletin of Vacant Positions until filled by permanent appointees.
Article 63. Parenthetical Titles. The qualification standards of the parenthetical title should be used in the publication of vacant generic positions.
Article 64. Validity of Publication. The publication of a particular vacant position shall be valid until filled but not to extend beyond nine (9) months reckoned from the date the vacant position was published.
Should no appointment be issued within the nine-month period, the agency has to cause the re-publication and re-posting of the vacant position.
Article 65. Publication of Anticipated Vacancies. Anticipated vacancies may be published in case of retirement, resignation, or transfer. The publication should not be earlier than thirty (30) days prior to retirement, resignation, or transfer.
Chapter V
QUALIFICATION STANDARDS
Part I. General Policies
Article 66. Qualification Standards Defined. The qualification standards are the minimum and basic requirements for positions in the government in terms of education, training, experience, Civil Service eligibility, physical fitness and other qualities required for successful performance of the duties of the position. These shall serve as the basic guide in the selection of the employees and in the evaluation of appointments to all positions in the government.
The establishment, administration and maintenance of qualification standards shall be the responsibility of the ministry, office, or agency, with the assistance and approval of the Civil Service Commission.
Ministries, offices or agencies are encouraged to set specific or higher standards for their positions, including the required competencies. These standards shall be submitted to the Commission for approval, and once approved, the agency shall uniformly and consistently adopt these in the selection and appointment of employees. The approved qualification standards shall be adopted by the Civil Service Commission in the attestation of appointments of the agency concerned.
Article 67. Qualification Standards Established and Approved by the Commission. Qualification standards shall be established for all positions in the Index of Occupational Service (IOS), Position Titles and Salary Grades or positions subsequently created and approved in accordance with existing laws, policies, rules and regulations. Qualification standards which have been established and approved by the Commission for positions in a particular sector may be adopted for the same position titles in other government sectors without need for prior approval of the Civil Service Commission.
Article 68. Agency Positions to be Included in Qualification Standards Manual. All agency positions should be included in the approved Qualification Standards Manual of the agency concerned, or if unique to the agency, should have a qualification standards approved/confirmed by the Civil Service Commission.
An appointment to a position without an approved/confirmed qualification standards by the Civil Service Commission, as the case may be, shall be disapproved/invalidated.
Article 69. Career Service Positions’ Appointees to Meet the Prescribed Minimum Requirements. Appointees to career service positions must meet the education, training, experience, eligibility, and competency requirements prescribed in the Qualification Standards manual or CSC-approved agency qualification standards for their positions at the time of the issuance of the appointment.
Article 70. Position Description Form. Qualification standards for positions, which may include competencies (knowledge, skills and attitudes), shall be established based on the set of duties and responsibilities indicated in the Position Description Form (PDF).
Article 71. Casual, Contractual, and Coterminous Positions. Appointees to casual, contractual, and coterminous positions that are not primarily confidential in nature must meet the education, training and experience requirements of the positions as proposed by the respective Agency heads and approved by the Civil Service Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these non-career appointments.
Eligibility is not required for appointment to casual, contractual, and coterminous positions but preference should be given to civil service eligibles. However, if the duties of the position involve the practice of a profession regulated by the Philippine Bar/Board or special laws, and/or require licenses such as those required for positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, the corresponding professional license and/or certificate of registration shall be required.
Article 72. Primarily Confidential or Personal Staff. Appointees to primarily confidential/personal staff positions are exempt from the qualification requirements, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board laws and/or require licenses such as those required for positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, and those specifically required by a special law, such as the positions of Provincial/City/Municipal Administrator, Information Officer and Legal Officer required under specific provisions of the 1991 Local Government Code to have “first grade civil service eligibility" or its equivalent and RA No. 1080 (Bar) eligibility, respectively.
Article 73. Reappointment to the same or Comparable Positions. Incumbents of positions under permanent status who are reappointed to the same or comparable positions during reorganization, rationalization or recategorization and other similar events are considered as having met the qualification standards for the position.
Article 74. Division Chief and Executive Managerial Positions. The qualification standards for division chief and executive managerial positions shall primarily take into consideration education, experience, training, eligibility and leadership competencies.
Article 75. Madaris Teachers. In the case of Madaris teachers, the Civil Service Commission shall promulgate rules and regulations to set the standards for their qualifications, appointments, and promotions as provided for in the Bangsamoro Education Code or based on the recommendations of the Bangsamoro Government.
Article 76. Requirements in case of Request for Approval of Qualification Standards. An agency, office or Ministry which requests approval of Qualification Standards for particular position/s shall comply with the following requirements:
a. Endorsement letter by the Agency Head;
b. Charter of the agency;
c. Organizational and Functional Chart of the Office or unit where the position/s belong;
d. Plantilla of Positions or Staffing Pattern approved by the concerned ministry, office or agency of the Bangsamoro Government;
e. Statement of duties and responsibilities of the position indicated in the Position Description Form (PDF) or Job Description (JD) certified by the ministry, office or agency’s HRMO;
f. If the position is newly created:
i. Letter of approval by the Ministry of Finance, and Budget and Management; or
ii. Board Resolution and Memorandum Order by the concerned commission, office or agency for Bangsamoro GOCCs with original charter; or
iii. Sanggunian Ordinance approving the creation of position for LGUs.
g. Proposed Qualification Standards (in printed and electronic copy)
Part II. Education
Article 77. Education Defined. Education refers to the formal or non-formal academic, technical, and vocational studies that will enable the candidate to successfully perform the duties and responsibilities indicated in the Position Description Form (PDF) of the position to be filled. This includes Madaris education as may be defined in the Bangsamoro Education Code.
Article 78. Completion of Non-formal Education. Certificates of completion of non-formal education issued by the MBHTE or Department of Education shall be considered valid documents for appointment to positions requiring completion of elementary or high school education, provided, that other requirements of the positions are met.
Article 79. Two-Year Studies as a Requirement. For one to meet the two-year studies in college requirement in the Qualification Standards Manual, one must have earned from an MBHTE or CHED72 (non-K12 program) academic units leading to a degree, has completed a relevant two-year collegiate/technical course or those who have graduated from K-12 program.
Article 80. Certificate of Completion of Bachelor’s Degree. Certificates issued by the schools deputized by the MBHTE or CHED on having completed a bachelor’s degree under the Expanded Tertiary Education Equivalency and Accreditation Program shall be considered valid documents for meeting the education requirement for positions requiring completion of a bachelor's degree.
Article 81. Certificate of Completion of at least 72 Units. Certifications issued by the schools deputized by MBHTE or CHED showing completion of at least 72 (non-K 12 program) academic units leading to a degree under the Expanded Tertiary Education Equivalency and Accreditation Program shall be considered valid documents for meeting the education requirement for positions requiring completion of two-year studies in college.
Article 82. Certificate of Equivalency for One-Year Diploma Post-Graduate Course. Certification issued by MBHTE or CHED that a one-year diploma post-graduate course acquired from foreign or local institutions is equivalent to a master's degree shall be considered appropriate for meeting the education requirement for appointment to division chief and executive/managerial position.
Article 83. Certificate of Equivalency for Bachelor’s or Master’s Degree. Certification issued by MBHTE or CHED that a degree obtained from foreign schools is equivalent to a bachelor's or master’s degree shall be considered valid document for meeting the education requirement for positions requiring completion of a bachelors or master’s degree.
Article 84. Relevancy of at least 12 Academic Units Required. To meet the relevant bachelor’s degree requirement in the Qualification Standards Manual, the appointee must have completed from an MBHTE or CHED-recognized college or university a bachelor’s degree whose curriculum either includes, or is supplemented by, 12 academic units of the subject or course, which will enable the candidate to successfully perform the duties and responsibilities of the position to be filled in the Position Description Form.
Article 85. Master’s Degree or Certificate in Leadership and Management. A graduate of the Master’s degree or Certificate in Leadership and Management (C-Pro) from the CSC shall be considered to have met the master’s degree requirement for purposes of meeting the education requirement for division chief and executive/managerial positions.
Article 86. Bachelor of Laws and Doctor of Medicine. Completion of the degrees of Bachelor of Laws/Juris Doctor and Doctor of Medicine from a CHED-recognized institution shall be considered appropriate education for appointment to division chief and executive/managerial positions or other positions requiring a master’s degree, the duties of which do not involve practice of profession covered by bar/board laws.
Article 87. Exemption from the Master’s Degree Requirement. RA No. 1080 eligibles shall be exempt from the master's degree requirement for division chief and executive/managerial positions the duties and responsibilities of which involve practice of profession or belong to the same occupational group or functionally related positions as that of the professions regulated by Bar or Board laws.
However, a master’s degree shall be required if the executive/managerial or division chief position does not involve practice of profession or does not belong to the same occupational group or functionally related positions as that of the professions regulated by Bar/Board laws; provided that, this does not apply to lawyers and doctors.
Article 88. Career Executive Service Eligibles. Career Executive Service (CES) or Career Service Executive (CSE) eligibles shall likewise be considered to have met the master's degree requirement for purposes of meeting the education requirement for division chief and executive/managerial positions.
Article 89. Certificate of Registration or Professional License. Those who have been allowed to register and are issued certificate of registration or valid professional license of a specific board law shall be considered as having met the educational requirements for appointments to positions covered by the corresponding board law or other functionally related positions that do not involve the practice of other professions covered by bar/board laws.
Article 90. Professional and Non-professional Examinations Threshold. Those who were allowed to take the Career Service Professional and Sub professional examinations on or before November 29, 1992 shall be considered as having met the education requirement for appointment to corresponding level of position not covered by bar/board laws.
Part III. Experience
Article 91. Experience Defined. Experience refers to the previous jobs in either the government or private sector, whether full-time or part-time, which, as certified by the Human Resource Management Officer or authorized officials of the previous employer, are functionally related to the duties in the PDF of the position to be filled.
Article 92. Job Order or Contract of Service Acquired Experience. Relevant experience acquired through a Job Order or Contract of Service covered by a contract or a Memorandum of Agreement may be considered for meeting the experience requirement.
Article 93. Full Time Volunteer Work. Relevant experience acquired through volunteer work, on full time basis, as certified by the Human Resource Management Officer or authorized officials, may be considered for meeting the experience requirement.
Article 94. First Level Positions Experience. Experience in first level positions may be considered for meeting the experience requirement of second level positions when acquired in the same occupational group or functionally related positions.
Article 95. Experience Acquired Through Designation. Relevant experience acquired through a designation covered by an Office or Memorandum Order may be considered for meeting the experience requirement.
Part IV. Training
Article 96. Training Defined. Training refers to formal or non-formal training courses and HRD- interventions such as coaching, mentoring, job rotation, seminars, workshops, and others that are part of the employees Individual Development Plan/Career Development Plan. These trainings/learning and development interventions are intended to enable the candidate to successfully perform the duties and responsibilities as indicated in the PDF or Job Description (JD) of the position to be filled. These are evidenced by the Learning and Development Plan/Coaching and Mentoring Program approved by the agency head and Certificates issued by the HRMO or authorized official from the government or private sector.
Article 97. Human Resource Development Intervention. Continuous learning and development shall be espoused by the Bangsamoro Government. The ministry, office or agency heads shall ensure that each employee shall have undergone at least one planned human resource development intervention during the year. A minimum of forty (40) hours supervisory/ management training or learning and development intervention per year based on the Learning and Development Plan of the agency should be provided by the agency to incumbents of supervisory and managerial positions.
Article 98. Recognized Training Institutions. Training may be acquired from any of the following institutions:
a. Any CSC accredited learning and development institutions;
b. Government training institutions;
c. Non-accredited private training institution offering training of highly technical/specialized nature;
d. Local training institution that is internationally acclaimed for meeting the global standards of excellence in training;
e. Institution recognized by Ministry of Basic, Higher and Technical Education (MBHTE) or
f. Foreign institution that offers training for scholarship purposes or for personal advancement of participants; or
g. Other institutions that partner with the Civil Service Commission in building capabilities of civil servants.
Article 99. Trainings Acquired from Recognized Institutions Must be Relevant. Training acquired from any of the afore-mentioned institutions must be relevant to the position to be filled and aligned with the strategy map or development goal of the institution or organization.
Article 100. Attendance or Services Rendered not Considered Trainings. Attendance to annual agency planning sessions/workshops/ conferences as a requirement for operations and/or services rendered as facilitator/ resource person in seminars/workshops/trainings shall not be considered for meeting the training requirements.
In house agency-initiated or in-service training/learning and development intervention shall be considered for purposes of meeting the training requirement of positions.
Article 101. Number of Hours Required for Division Chief. The learning and development/training required for Division Chief and comparable positions shall be forty (40) hours of supervisory/management learning and development intervention undertaken as determined by the CSC.
Article 102. Number of Hours Required for Executive/Managerial Positions. Generally, the training required for executive/managerial positions in the second level shall be 120 hours of supervisory/management learning and development intervention undertaken as determined by CSC.
Management training includes, courses, workshops, seminars and other learning and development interventions that develop and/or enhance knowledge, skills and attitude to enable successful performance of management functions such as planning, organizing, directing, controlling, coordinating and overseeing the activities of an organization, a unit thereof or a group. It is intended to develop/enhance leadership competencies to prepare managers in managing people and work.
Article 103. MCLE and CPE/CPD Constitute Technical Training. For executive/managerial positions in the second level with duties and responsibilities involving practice of profession, the Mandatory Continuing Legal Education (MCLE) for Bar passers, the Continuing Professional Education/Development (CPE/CPD) for licensed professionals or trainings relevant to practice of profession may constitute for a maximum of 40 hours of technical training and the remaining 80 hours shall be management trainings undertaken within a period determined by CSC.
Article 104. Highly Technical or Specialized Trainings. Executive/managerial positions in the second level with duties and responsibilities which are highly-specialized in nature as shown in their PDFIJD may require trainings which are highly technical and or highly-specialized. These highly technical highly-specialized trainings shall make up for the 120 hours of management and technical training where a maximum of 80 hours shall be for technical training and the minimum of 40 hours shall be management trainings undertaken within a period determined by CSC.
Article 105. Amendments to Training Requirements. Proposed amendments to the training requirements for executive/ managerial positions as discussed in Articles 103 and 104 hereof, and other valid reasons shall be submitted to the Commission for approval. In the absence of CSO- approved agency specific training requirements, the one hundred twenty (120) hours of management training undertaken within a period determined by CSC.
Part V. Eligibility
Article 106. Eligibility Defined. Eligibility refers to the result of passing a merit and fitness test which may be determined as far as practicable by competitive examination, or based on highly technical qualifications or other tests of merit and fitness conducted by the Civil Service Commission, and other examinations such as the PRC-conducted board examinations, the SC- conducted bar examinations or the CESB-conducted CES examinations.
Article 107. First Level Eligibilities Appropriate for First Level Positions; Exception. First level eligibilities are appropriate for appointment to positions in the first level. They do not apply to those covered by bar/board/special laws, and other special eligibilities as may be determined by the Commission or those that require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended.
Article 108. Second Level Eligibilities Appropriate for Second and First Level Positions; Exception. Second level eligibilities are appropriate for appointment to positions in the second and first level. They do not apply to those covered by bar/board/special laws, and other special eligibilities as may be determined by the Commission or those that require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended.
Article 109. Third Level Eligibility. The requirement for Career Executive Service eligibility shall not apply to Third Level position in the BARMM, unless otherwise provided by law or existing jurisprudence.
Article 110. Bar/Board Examination Passers. Eligibilities resulting from passing the bar/board examinations shall be required for appointment to positions the duties of which constitute the practice of profession(s) regulated by the Philippine bar/board laws.Likewise, such eligibilities shall be considered to appropriate positions requiring the completion of at least a bachelor's degree and to other first and second level positions not covered by bar/board/special laws and/or those that require other special eligibilities as may be determined by the Commission or those that require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended.
Article 111.Board Passers Eligible to Other First Level Positions. Eligibilities resulting from passing the board examinations which require completion of less than a bachelor's degree shall be considered appropriate to positions.
Article 112. Unassembled, Testimonial or Special Examinations. Eligibilities resulting from passing the Unassembled, Testimonial or special examinations conducted by the CSC or by the ministries, offices or agencies with the assistance of or in coordination with the CSC shall only be appropriate for appointment to the positions for which they were given, to other functionally related positions, and other positions as may be determined by the Commission.
Incumbents of positions who were issued permanent appointments using eligibilities resulting from these examinations shall retain their permanent status but may only be promoted to positions belonging to the same occupational group or functionally related positions for which the examinations were given or other positions as may be determined by the Commission.
Article 113. Very Satisfactory Performance Eligibility Appropriate for Highly Skilled Positions.Eligibilities granted after one year of Very Satisfactory actual work performance under temporary status for positions listed under Category II of CSC MC No. 11, s. 1996, as amended, shall only be appropriate for appointment to highly skilled positions within the same occupational group or functionally related positions.
Article 114.Eligibilities Under Category I (SCEP) Positions. Eligibilities previously issued under Category I (SCEP) shall continue to be appropriate for permanent appointment to corresponding positions re- categorized under Category II and other functionally-related positions without undergoing one (1) year employment under temporary status, provided the other requirements are met.
Article 115.Licenses Required Under Category IV Positions.Licenses issued by authorized government agencies shall be required for appointment to positions listed under Category IV of CSC MC No. 11, s. 1996, as amended.
Article 116.NAPOLCOM Eligibility.Passing the NAPOLCOM examinations shall be considered as an eligibility appropriate only for appointment to uniformed personnel positions in the PNP, unless otherwise provided by law.
Article 117.Shari’ah Bar Eligibility Threshold. Passingthe 13thShari’a Bar Examinations held in January 2014 and the Shari’ah Bar Examinations conducted thereafter shall be considered as an eligibility appropriate for appointment to first and second level positions, except for positions covered by bar/board/special laws and/or those that require other special eligibilities as may be determined by the Commission or those that require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended.
Passing the Shari’ah Bar Examinations held prior to the 13th Shari’ah Bar Examinations shall be considered as appropriate for appointment to first level positions, except for positions covered by board/special laws and/or those that require other special eligibilities as may be determined by the Commission or those that require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended.
For purposes of appointment, passers of the Shari’ah Bar Examinations shall be required to submit an authenticated copy of his/her Certificate of Membership in the Shari’a Bar issued by the Supreme Court.
Chapter VI
MERIT SELECTION PLAN AND
HUMAN RESOURCE MERIT AND SELECTION BOARD
Article 118. Merit Selection Plan Coverage.The Merit Selection Plan (MSP) shall cover positions in the first and second level and shall also include original appointments and other related human resource actions.
There shall be no discrimination in the selection of employees on account of age, sex, sexual orientation and gender identity, civil status, disability, religion, ethnicity, or political affiliation.
Article 119. Different Bangsamoro Promotion and Selection Boards May be Constituted. Each ministry, office and agency may constitute two (2) Bangsamoro Promotion and Selection Boards (BPSB) - one for the first and second level positions and another for second level executive/managerial positions.
Each ministry, office or agency may establish special BPSB for specialized and highly technical positions or different sets of BPSB for its own purpose, but the same should be provided in their respective Merit Selection Plan to be submitted to the CSC-BARMM for approval.
Article 120. BPSB to Assist the Appointing Authority. The BPSB shall assist the appointing officer/authority in the judicious and objective selection of candidates for appointment in the agency in accordance with the approved Agency Merit Selection Plan (MSP).
The BPSB shall be primarily responsible for the judicious and objective selection of candidates for appointment in the agency in accordance with the approved Agency MSP and shall submit to the appointing officer/authority the top five (5) ranking candidates deemed most qualified for appointment to the vacant position.
Article 121. Report of BPSB’s Assessment.The appointing officer/authority shall be guided by the report of the BPSB's assessment of candidates and in the exercise of sound discretion, select, insofar as practicable, from among the top five (5) candidates or less, deemed most qualified for appointment to the vacant position, depending on the number of candidates.
Article 122. Applicant Ranked Higher than Next-in-Rank May be Appointed. The appointing officer/authority may appoint an applicant who is ranked higher than those next-in-rank to the vacant position based on the assessment of qualifications/competence evidenced by the comparative ranking.
Article 123. Composition of the BPSB. There shall be BPSB to be composed of the following:
1. FIRST and SECOND LEVEL POSITIONS
For Ministries /GOCCs:
Chairperson: Highest official in-charge of human resource management or his/her authorized representative.
Members:
- Head of organizational unit where vacancy exist, or his/her designated alternate;
- Human Resource Management Officer(HRMO) or the career service employee directly responsible for recruitment, selection and placement, or his/her designated alternate;
- Two (2) regular and alternate representatives of the rank and file career employees, from the first level and from the second level, who shall all be chosen by the duly accredited employees association in the agency.
For LGUs:
Chairperson: The Local Chief Executive, or his/her authorized representative
Members:
- Vice/Governor/ Vice Mayor or his/her authorized representative, if the vacant position is in his/her Office or in the Office of the Sanggunian;
- Head of organizational unit where vacancy exist, or his/her designated alternate;
- Human Resource Management Officer (HRMO) or the career service employee directly responsible for recruitment, selection and placement, or his/her designated alternate;
- Two (2) regular and alternate representatives of the rank and file career employees, from the first level and from the second level, who shall all be chosen by the duly accredited employees association in the agency.
2.EXECUTIVE/MANAGERIAL POSITIONS
For Ministries/GOCCs:
Chairperson: Minister or his/her authorized representative.
Members:
a. Director general or its equivalent or his/her authorized representative or designated alternative;
b. Director for Administration or his/her authorized Representative or designated alternate.
For LGUs:
Chairperson: The Local Chief Executive, or his/her authorized
Representative
Members:
a. Vice Governor/ Vice Mayor or his/her authorized representative, if the vacant position is in his/her Office or in the Office of the Sanggunian;
b. Two (2) Department Heads, one of which is preferable the HRM Department Head or equivalent or their designated alternates.
Article 124. Official to Supervise Human Resource Management. The highest official in-charge of the human resource management shall be the official directly supervising the human resource management of the agency.
The HRMO is the officer/official in-charge of the recruitment, selection, and placement.
In case there is no accredited employees’ association in the agency, the representatives shall be chosen at large by the employees through a general assembly. The candidate who garnered the second highest votes shall automatically be the alternate representative. Any other mode of selection may be conducted for the purpose.
The first level representative or alternate shall participate during the screening of candidates for vacancies in the first level; the second level representative or alternate shall participate in the screening of candidates for vacancies in the second level. Both rank-and-file representatives shall serve for a period of two (2) years.
Article 125. Office Order to Identify Principal and Alternate Members of the BPSB. The ministry, office and agency head shall issue an Office Order identifying the principal members of the BPSB and their designated alternates. The CSC-BARMM should be furnished with a copy of the Office Order. For LGUs, the BPSB shall be chaired by the local chief executive or his/her authorized representative, and its members shall be determined by resolution of the sanggunian concerned. A copy of which should also be furnished the CSC-BARMM.
Article 126. Equal Opportunity for Representation in the BPSB. The agency head shall, as far as practicable, ensure equal opportunity for men and women to be represented in the BPSB for all levels of positions.
Article 127. Prescribed Composition may be Modified. The membership of the BPSB can be modified, provided it conforms to the prescribed composition. Each ministry, office or agency may add a reasonable number of members, but the prescribed composition may not be reduced. The BPSB members must be duly designated and their names posted in the agency bulletin board. Any change in the composition of the BPSB should be reported to the CSC-BARMM.
For LGUs, the same composition should be followed. In no instance should the BPSB be composed entirely of the members of the local Sanggunian.
Article 128. Role of Human Resource Management Office/Unit. The HRM Office/Unit shall perform secretariat and technical support function to the BPSB for the comparative assessment and final evaluation of candidates. It shall also evaluate and analyze results of structured background investigation for second level, supervisory, and executive/managerial positions.
The HRM Officer, as member of the BPSB, shall not act as secretariat to the BPSB. For ministry, office and agencies with only one appointed or designated HRM Officer, the agency head shall designate an employee from other units to act as the secretariat.
Article 129. Orientation and Workshop Required. The BPSB members including alternate representatives shall undergo orientation and workshop on the ministry, office and agency selection/promotion process and CSC policies on appointments.
Article 130. Majority Required in the Deliberation. The BPSB shall be represented by at least the majority of its members during the deliberation of candidates for appointment.
Article 131. Deliberation, How and When Conducted. The BPSB shall maintain fairness and impartiality in the assessment of candidates for appointment. Towards this end, the BPSB may employ the assistance of external or independent resource persons and may initiate innovative schemes in determining the best and most qualified candidate.
The deliberation by the BPSB in the ministry and GOCCs with original charters shall not be made earlier than ten (10) calendar days from the date of publication and posting of vacant positions; and in the local government units (LGUs) it shall not be made earlier than fifteen (15) calendar days from the date of publication and posting of vacant positions. An appointment issued in violation of these rules shall be disapproved/invalidated.
Candidates for the following appointments shall no longer be subject to the screening of the BPSB:
a. Substitute appointment due to its short duration and emergency nature.
b. Reappointment to change the employment status from temporary to permanent upon meeting the deficiency or to renew the appointment of a temporary employee, if upon publication there are no qualified applicants and his/her performance rating is at least Very Satisfactory for two (2) rating periods; or
c. Appointments to casual, contractual, coterminous and other non- career positions as identified under Section 9, Subtitle A, Title I, Book V of EO No. 292.
Article 132. Performance Rating Required.An employee should have obtained at least Very Satisfactory performance rating in the last rating period prior to the assessment or screening for promotion or transfer.
The performance rating of at least Very Satisfactory (VS) in the last rating period shall not be required for promotion from first to second level entry positions.
The performance rating prior to the reclassification of the position shall be considered as performance rating in the reclassified position for purposes of promotion.
Article 133. When to Fill Up Vacancies Resulting from Promotion. Ministry, office or agency shall not fill up vacancies resulting from promotion until the promotional appointments have been approved/validated by the CSC, except in meritorious cases, as may be authorized by the Commission.
Article 134. Three (3) Salary, Pay or Job Grades Limitation; Exceptions. An employee may be promoted to a position which is not more than three (3) salary grade, pay or job grades higher than the employee’s present position. All appointments issued in violation of this policy shall be disapproved/invalidated, except when the promotional appointment falls within the purview of any of the following exceptions:
a. The position occupied by the person is next-in-rank to the vacant position as identified in the Merit Selection Plan and the System of Ranking Positions (SRP) of the agency.
b. The vacant position is a lone or entrance position, as indicated in the ministry, office or agency staffing pattern.
c. The vacant position is hard to fill, such as Accountant, Medical Officer/Specialist, Attorney, or Information Technology Officer/Computer Programmer positions.
d. The vacant position is unique and/or highly specialized, such as Actuarial, Airways Communicator positions.
e. The candidates passed through a deep selection process, taking into consideration the candidates’ superior qualifications in regard to:
i. Educational achievements;
ii. Highly specialized trainings;
iii. Relevant work experience; and
iv. Consistent high performance rating/ranking.
f. The vacant position belongs to the closed career system, i.e., those that are scientific, or highly technical in nature that include the faculty and academic staff of state colleges and universities, and the scientific and technical positions in scientific or research institutions, all of which establish and maintain their own merit systems.
g. Other meritorious cases, such as:
i. when the appointee is the lone applicant who meets all the requirements of the position and passed through the deep selection process;
ii. when the qualified next-in-rank employees waived their right over the vacant position in writing;
iii. when the next-in-rank position, as identified in the agency SRP is vacant;
iv. when the next-in-rank employee/s is/are not qualified; or
v. when the qualified next-in-rank employees did not apply.
Article 135. Applicability of Three (3) Salary Grade Limitation. The three-salary grade limitation shall apply only to promotion within the ministry, office or agency. This prohibition shall not apply to the following human resource actions which involve issuance of an appointment:
a. Transfer incidental to promotion provided that the appointee was subjected to deep selection;
b. Reappointment involving promotion from non-career to career provided the appointee was subjected to deep selection;
c. Reappointment from career to non-career position;
d. Re-employment; or
e. Reclassification of position.
Article 136. Strict Observance of the Above Conditions Enjoined. In the selection process, ministry, office or agency heads are enjoined to strictly observe the above conditions to avoid disapproval or invalidation of promotional appointments.
Article 137. Evaluation of the Manner and Merit of the Issuance of Appointment. In the evaluation of promotional appointments, the CSC-BARMM make a thorough evaluation of the manner and merit of the issuance of the appointment vis-a-vis the reasons or justifications of the appointing authority before taking any action on the appointments.
Article 138. Submission of Selection and Recruitment Plan (SRP). To facilitate review and evaluation of appointments, all agencies are required to submit their SRP to CSC-BARMM. The ministry, office or agency SRP shall be used as one of the bases for determining whether agencies observe the policy on the three-salary grade limitation on promotion as herein provided.
Article 139. Submission of Agency Merit Selection Plan (MSP). All Bangsamoro ministries, offices or agencies shall submit their Agency MSP to the CSC-BARMM, which shall take effect immediately upon approval. All subsequent amendments shall take effect immediately upon approval by the CSC-BARMM.
Article 140. Signed MSP, a Valid and Binding Contract. The ministry, office or agency MSP signed by the head of the agency shall be considered as a valid contract binding among the head of agency, the employees and the CSC. As such, non-compliance by the agency with the policies and procedures provided therein shall be considered as a ground for disapproval/invalidation of appointment. The same can be a ground for administrative disciplinary action against the official or employee who caused the violation.
Chapter VII
MODES OF SEPARATION
Article 141. Resignation Defined. Resignation is an act of an official or employee by which he/she voluntarily relinquishes in writing his/her position effective on a specific date which shall not be less than thirty (30) days from the date of such notice or earlier as mutually agreed upon by the employee and the appointing officer/authority. To constitute a complete and operative resignation of an official or employee, there must be a written intention to relinquish the office, the acceptance by the appointing officer/authority and a written notice of such acceptance duly served to the official or employee concerned.
Resignation shall be governed by the following rules:
a. An official or employee is deemed to have tendered his/her resignation upon receipt by the appointing officer/authority of the former’s written resignation.
b. Pending receipt by the official or employee of the action taken by the appointing officer/authority on the resignation, the official or employee shall remain in office and retain all the powers, duties and responsibilities appurtenant thereto.
c. The appointing officer/authority shall act on the notice of resignation within thirty (30) days from receipt thereof. In case the resignation of the official or employee remains unacted upon for thirty (30) days from receipt of the formal letter of resignation by the appointing officer/authority, it shall be deemed complete and operative on the specified date of effectivity or thirty (30) days from submission thereof, in cases where the effectivity date is not specified. It is understood, however, that the required clearance from money, property and work-related accountabilities shall be secured by the official or employee before or immediately after the date of effectivity of resignation.
d. In the interest of service, however, the appointing officer/authority may set a date of effectivity of the resignation, but in no case shall be earlier than the date specified in the letter of resignation or thirty (30) days from submission thereof.
e. The acceptance of resignation is mandatory. The appointing officer/authority may suspend the effectivity date of resignation despite its initial written notice of acceptance due to any of the following reasons:
1. When the country is at war or when any other national or local emergency has been declared by the appropriate authority; and
2. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity.
3. A resignation previously suspended due to any of the abovementioned reasons shall nonetheless be effective thirty (30) days after the circumstances causing the previous suspension has ceased as certified by the appropriate authority or the appointing officer/authority.
f. If the last day of the period given to the appointing officer/authority to act and furnish copy of the written action on the tendered resignation falls on a holiday or non-working day, copy of the written action shall be furnished the official or employee concerned on the next working day immediately following a holiday or non-working day.
g. The official or employee concerned may withdraw the tender of resignation any time prior to receipt of notice of acceptance of the resignation from the appointing officer/authority or before the lapse of the thirty (30)-day period given for the latter to act on the resignation, whichever comes first.
h. Until the resignation is accepted, the tender of resignation is revocable. Once the resignation is deemed complete and operative, the withdrawal thereof shall not automatically restore the employee to his/her former position.
i. The following documents shall be submitted to the CSC-BARMM within thirty (30) calendar days from the date of the effectivity of the resignation, for record purposes:
1. the voluntary written notice of the employee informing the appointing officer/authority that he/she is relinquishing his/her position and the effectivity date of said resignation;
2. the acceptance of resignation in writing by the agency head or appointing officer/authority which shall indicate the date of effectivity of the resignation; and
3. the proof of notice of the acceptance of resignation to the employee.
j. An official or employee under investigation, except those prohibited by law, may be allowed to resign pending decision of his/her case without prejudice to the continuation of the proceedings until finally terminated.
Article 142. Dismissal Defined. Dismissal is the termination or the act of being discharged from employment or service for cause. It is the definite severance of an officer or employee from government service on the initiative of the agency or office, CSC, Ombudsman, or regular courts.
The Report on Database of Individuals Barred from Entering Government Service and Taking Civil Service Examinations (DIBAR) together with a certified true copy of the decision rendered which has become executory, where the penalty of dismissal was imposed, shall be submitted by the HRMO to the CSC-BARMM within thirty (30) calendar days from the date of such decision, for record purposes.
Article 143. Other Modes. For other modes of separation such as dropping from the rolls, termination/expiration of temporary, coterminous, contractual or casual appointment, retirement, or death, a copy of the order of dropping from the rolls or notice of separation signed by the appointing officer/authority stating the date of such separation, or the death certificate shall be submitted by the HRMO to the CSC-BARMM within thirty (30) calendar days from the date of the effectivity of the dropping from the rolls, date of separation, or death for record purposes.
Chapter VIII
DISAPPROVAL, INVALIDATION AND RECALL
OF APPROVAL/VALIDATION OF APPOINTMENTS
Article 144. Grounds for Disapproval or Invalidation. The following are the grounds for disapproval or invalidation of an appointment:
a. The appointee does not meet the qualification standards for the position;
b. The appointee has been dismissed for cause as enumerated in Section 50 (A), Rule 10 of the 2017 RACCS or has been found guilty of a crime where perpetual/temporary disqualification from appointment is attached to the penalty thereof, unless an executive clemency has been granted;
c. The appointee has intentionally made a false statement of any material fact or has practiced or attempted to practice any deception or fraud in connection with his/her appointment;
d. The appointment has been issued in violation of the CSC-approved Merit Selection Plan of the agency;
e. The contractual/casual appointment has been issued to fill a vacant position in the plantilla of personnel or the contractual/casual appointee will perform the duties and responsibilities of the vacant position; or
f. The appointment has been issued in violation of existing Civil Service Law, rules and regulations, the Board/Bar, Local Government Code of 1991 (RA No. 7160), Publication Law (RA No. 7041), the Omnibus Election Code (BP Blg. 881, as amended) and other pertinent laws.
Article 145. Termination of Services. When an appointment is disapproved/invalidated, the services of the appointee shall be terminated after fifteen (15) days from receipt of the letter/decision disapproving/invalidating the appointment, unless a motion for reconsideration or appeal is seasonably filed.
Article 146. Appointment Deemed Effective Pending Affirmation of Disapproval/Invalidation. If the appointment, regardless of the status, is disapproved/invalidated on grounds which do not constitute a violation of pertinent laws as provided in Article 144 of this Code, the same is considered effective until the disapproval/invalidation is affirmed by the CSC-BARMM or the Commission. The services rendered shall be credited as government services and the appointee shall be entitled to the payment of salaries from the government as a de facto officer. However, the pendency of the appeal on disapproved/invalidated temporary, contractual and casual appointments shall not extend the period of effectivity thereof as provided for in the appointment forms.
In order for the appointee to be considered as de facto officer, the following elements must concur:
a. There must be a dejure office. - The position is under an existing and legally recognized division, office, organization, Plantilla of Position/staffing Pattern.
b. There must be color of right or general acquiescence by the public. - It must be derived from an election or appointment, however irregular or informal, so that the incumbent is not a mere volunteer. The appointee only assumed the duties and responsibilities of the position because he/she was issued his/her appointment paper.
c. There must be actual physical possession of the office in good faith. The appointee has the presumption that the appointment issued to him/her is in compliance with Civil Service Law and rules.
An appointment which is disapproved/invalidated on grounds that constitute a violation of pertinent laws as provided in Article 144 of this Code may be appealed and the appointee may continue to render services. In the event the disapproval/invalidation is affirmed by the Commission, it becomes executory. The services rendered shall not be credited as government service and the appointing authority/officer shall be personally liable for the payment of salaries.
If an appeal on a disapproved/invalidated appointment is granted by the CSC-BARMM or by the Commission, the dispositive portion of the CSC-BARMM or Commission Resolution shall state that the actual services rendered by the appointee are deemed included in his/her service record, without the need to file a request for accreditation of service.
Article 147. Liability of Appointing Authority. The appointing officer/authority shall be personally liable for the salary of an appointee paid after the CSC has finally disapproved/invalidated the appointment.
An employee whose promotional appointment is disapproved/invalidated shall be reverted to his/her former position.
Article 148. Appointments Made by Outgoing Elective Officials. All appointments issued after an election up to June 30 by outgoing elective appointing officer/authority shall be disapproved/invalidated unless all the following requisites relative to their issuance are met:
a. The appointee meets the approved minimum qualification standards or qualification standards required under special law, if any, for the position to which he/she was appointed;
b. The appointee has undergone the Bangsamoro Promotion and Selection Board (BPSB)screening prior to the election ban. ln this case, the appointing officer/authority or agency shall submit the minutes of the BPSB meetings and the evaluation report of the applicants;
c. There is an urgent need for the issuance of the appointment/s so as not to prejudice public service or endanger public safety; and
d. Civil Service Law, rules and regulations and special laws, if any, on the issuance of appointments are followed.
Article 149. Appointments Made by Outgoing Appointive Officials. All appointments issued after a presidential election up to June 30 by an appointive appointing officer/authority coterminous with the President shall be disapproved/invalidated, unless all the requisites as provided in Article 148 hereof relative to their issuance are met.
Article 150. Mass Appointments. The issuance of mass appointments of more than twenty (20) appointments may be allowed provided the above conditions in Articles 138 and 139 of this Code, as the case may be, are followed.
Article 151. Prior Authority before Appointment. If in the exigency of the service, the outgoing appointing officer/authority, whether elective or appointive, opts to reappoint temporary, casual and/or contractual employees or appoint/reappoint substitute teachers, during reorganization, etc., after the elections or before June 30 of an election year, prior authority must be obtained from the concerned CSC-BARMM; otherwise, such appointments shall be disapproved/invalidated.
Such authority shall be granted on the basis of validated need to fill the positions immediately in order not to prejudice public service and/or endanger public safety.
Article 152. Recall of Appointment. Notwithstanding the initial approval/validation of an appointment, the same may be recalled by the CSC-BARMM or by the Commission on any of the following grounds:
a. Non-compliance with the procedures/criteria provided in CSC-approved agency Merit Selection Plan;
b. Failure to pass through the agency's BPSB; or
c. Violation of existing Civil Service Law, rules and regulations.
Article 153. Effect of Appointment Already Accepted by the Appointee.The appointing officer/authority shall not withdraw or revoke an appointment already accepted by the appointee. Such appointment shall remain in full force and effect until disapproved/invalidated by the Commission. However, in case an appointment is void from the beginning due to fraud on the part of the appointee or because it was issued in violation of law, the proper appointing officer/authority may request the Commission for its withdrawal or revocation. Provided that if a protest on the appointment is filed, the Rules on Protest under the 2017 RACCS shall apply.
Article 154. Executive Clemency.No person who has been dismissed or perpetually excluded/disqualified from government service shall be appointed or reemployed unless he/she has been granted executive clemency by the President of the Philippines upon recommendation of the Commission.
Article 155. Prohibited Promotion.Promotion within six (6) months prior to compulsory retirement shall not be allowed except as otherwise provided by law.
Article 156. Appointment after Compulsory Retirement Age Not Allowed; Exception.No person who has reached the compulsory retirement age of sixty five (65) years can be appointed to any position in the government, except to a primarily confidential position.
A person appointed to a primarily confidential position who reaches the age of sixty five (65) is considered automatically extended in the service until the expiry date of his/her appointment or until his/her services are earlier terminated.
The extension of service of a person who will reach the compulsory retirement age of 65 years may be allowed for a period of six (6) months and in meritorious circumstances may be extended for another six (6) months. The request for extension shall be made by the Head of Office. The same shall be filed with the Commission not later than three (3) months prior to the date of the official/employee's compulsory retirement. Services rendered during the period of extension shall no longer be credited as government service.
However, for one who will complete the fifteen (15) years of service required under the GSIS Law, a maximum period of two (2) years may be allowed. Services rendered during the period of extension shall be credited as part of government service for purposes of retirement. The official or employee, may file the request of extension of service.
The request shall be submitted to the Commission with the following documents:
a. Request for extension of service signed by the head of office/appointing officer/authority or the employee in case of extension to complete the 15-year service required under the GSIS Law, containing the justifications for the request;
b. Certification by a licensed government physician that the employee subject of the request is still mentally and physically fit to perform the duties and functions of his/her position.
c. Certified true copy of the employee's Certificate of Live Birth;
d. Clearance of no pending administrative case issued by the CSC, Office of the Ombudsman and agency concerned;
e. Service record of the employee, if the purpose of the extension is to complete the fifteen (15)-year service requirement under the GSIS law;
f. Certification from the GSIS on the Total Length of Service (TLS) of the employee for those who are completing the fifteen (15)-year service requirement;
g. Certified true copy of the updated Plantilla of Personnel issued by the agency HRM Officer; and
h. Proof of payment of the filing fee.
The only basis for Heads of Offices to allow an employee to continue rendering service after his/her 65th birthday is a Commission Resolution granting the request for extension. In the absence of such resolution, the said employee shall not be authorized to perform the duties of the position and his/her salaries shall be the liability of the official responsible for the continued service of the employee.
During the period of extension, the employee on service extension shall be entitled to salaries and salary increases, allowances, and other remunerations that are normally considered part and parcel of an employee's compensation package subject to the existing regulations on the grant thereof, except step increments. The employee shall also be entitled to fifteen (15) days vacation and fifteen (15) days sick leave annually, provided that the same are not commutative and cumulative.
Article 157. Prohibited Transfer or Appointment.Unless allowed by the Commission in meritorious cases, heads of oversight agencies and their staff are prohibited from transferring or being appointed to any position in the ministry, office, agency or local government unit which their unit is assigned or designated to oversee within one year after the termination of such assignment or designation.
Article 158. Limitation to Performance of Duties.No person appointed to a position in the non-career service shall perform the duties properly belonging to any position in the career service.
Article 159. Limitation to Designation.No consultant, contractual, non-career or detailed employee shall be designated to a position exercising control or supervision over regular and career employees, except as may be provided by law.
Article 160. Contract of Service Employees.No institutional or individual contract of service employees shall be made to perform functions pertaining to regular positions nor be designated to positions exercising control or supervision over regular and career employees.
Article 161. Discrimination in Whatever Form Prohibited.No discrimination shall be exercised, threatened or promised against or in favor of any person examined or to be examined or employed by reason of his/her political or religious opinions or affiliations, sex, sexual orientation and gender identity, civil status, age, disability, or ethnicity.
Article 162. Changes in Designation or Nomenclature Not Allowed. No changes in designation or nomenclature of positions resulting in promotion or demotion in rank or increase or decrease in compensation shall be allowed in LGUs, except when the position is actually vacant.
Article 163. Prohibited Private Business or Practice of Profession; Exemptions. No officer or employee, whether in a permanent or regular capacity, temporary, casual, or hold-over, shall engage directly or indirectly in any private business or practice of profession. Exemptions may be allowed, subject to the limitations provided under RA No. 6713 and other special laws. Provided, further that the following requirements/conditions are met:
a. Written permission from head of ministry, office, or agency must be secured and renewed annually;
b. Time devoted outside of office hours shall not impair in any way the efficiency of the officer or employee nor pose a conflict or tend to conflict with the official functions and must be fixed by the head of agency; and
c. Government facilities, equipment and supplies shall not be used while engaged in private business or practice of profession.
Article 164. Dual Citizenship not Allowed in Government Service. A person with dual citizenship shall not be appointed in the government unless he/she renounces his/her foreign citizenship pursuant to the provisions of Republic Act No. 9225. However, even if he/she has renounced his/her foreign citizenship, but continues to use his/her foreign passport in traveling after renunciation, he/she shall not be considered for appointment in the government service.
This rule shall not apply to Filipino citizens whose foreign citizenship was acquired by birth.
Article 165. Candidates or Those Occupying Public Positions and/or in Active Service in Foreign Countries Not eligible for Appointment. The right to be appointed to any public office in the Philippines cannot be exercised by, or extended to, those who are candidates for or are occupying any public office in the country of which they are naturalized citizens and/or are in active service as commissioned or non-commissioned officers in the armed forces of the country of which they are naturalized citizen.
Consultation Form
Book III
Chapters
Chapter I
CIVIL SERVANTS
Article 166. Norms of Conduct of Civil Servants of the Bangsamoro Government. (A) Every public official and employee in the Bangsamoro Government shall observe the following as standards of personal conduct in the discharge and execution of official duties:
a. Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All Bangsamoro Government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.
b. Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.
c. Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, Adat or the Moro or non-Moro indigenous people’s customary law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.
d. Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.
e. Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
f. Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic, the Bangsamoro and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.
g. Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.
h. Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.
i. Respect for Human Dignity. - Public officials and employees shall be compassionate and approach anyone seeking the service of their agency in a courteous and professional manner. They shall discharge their duties in a manner that is caring and gender-sensitive. They shall ensure that right to human dignity will be regarded with utmost respect at all times.
j. Uphold Equality - Public official and employees shall at all times be committed to public service and avoid discrimination. They shall render public service with the highest degree of excellence and professionalism to the Bangsamoro people and other stakeholders without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
(B) The Bangsamoro Government, in collaboration with CSC-BARMM, shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.
Article 167. Duties of Public Officials and Employees. - In the performance of their duties, all public officials and employees are under obligation to:
(a). Act promptly on letters and requests:
i. All applications or requests submitted shall be acted upon by the assigned officer or employee within the prescribed processing time stated in the Citizen's Charter which shall not be longer than three (3) working days in the case of simple transactions and seven (7) working days in the case of complex transactions from the date the request and/or complete application or request was received.
ii. For applications or requests involving activities which pose danger to public health, public safety, public morals, public policy, and highly technical application, the prescribed processing time shall in no case be longer than twenty (20) working days or as determined by the government agency or instrumentality concerned, whichever is shorter.
iii. The maximum time prescribed above may be extended only once for the same number of days, which shall be indicated in the Citizen's Charter. Prior to the lapse of the processing time, the office or agency concerned shall notify the applicant or requesting party in writing of the reason for the extension and final date of release of the government service/s requested. Such written notification shall be signed by the applicant or requesting party to serve as proof of notice.
iv. If the application or request for license, clearance, permit, certification or authorization shall require the approval of the Sangguniang Bayan, Sangguniang Panlungsod, or the Sangguniang Panlalawigan as the case may be, the Sanggunian concerned shall be given a period of forty five (45) working days to act on the application or request, which can be extended for another twenty (20) working days. If the Sanggunian concerned has denied the application or request, the reason for the denial, as well as the remedial measures that may be taken by the applicant shall be cited by the concerned Sanggunian.
v. In cases where the cause of delay is due to force majeure or natural or man-made disasters, which result to damage or destruction of documents, and/or system failure of the computerized or automatic processing, the prescribed processing times mandated shall be suspended and appropriate adjustments shall be made.
vi. No application or request shall be returned to the applicant or requesting party without appropriate action. In case an application or request is disapproved, the officer or employee who rendered the decision shall send a formal notice to the applicant or requesting party within the prescribed processing time, stating therein the reason for the disapproval. A finding by a competent authority of a violation of any or other laws by the applicant or requesting party shall constitute a valid ground for the disapproval of the application or request, without prejudice to other grounds provided in this Act or other pertinent laws.
vii. Denial of Application or Request for Access to Government Service. - Any denial of application or request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the grounds upon which such denial is based. Any denial of application or request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.
viii. Limitation of Signatories. - The number of signatories in any document shall be limited to a maximum of three (3) signatures which shall represent officers directly supervising the office or agency concerned; provided, that in case the authorized signatory is on official business or official leave, an alternate shall be designated as signatory. Electronic signatures or pre-signed license, clearance, permit, certification or authorization with adequate security and control mechanism may be used.
ix. Electronic Versions of Licenses, Clearances, Permits, Certifications or Authorizations. – All Bangsamoro Government ministries, offices and agencies are covered under Section 3 of Republic Act No. 11032, and shall, when applicable, develop electronic versions of licenses, clearances, permits, certifications or authorizations with the same level of authority as that of the signed hard copy which may be printed by the applicants or requesting parties in the convenience of their offices.
x. Adoption of Working Schedules to Serve Applicants or Requesting Parties. - Heads of ministries, offices and agencies which render government services shall adopt appropriate working schedules to ensure that all applicants or requesting parties who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours.
xi. Identification Card. - All employees transacting with the public shall be provided with an official identification card which shall be visibly worn during office hours. The identification cards must include the full name of the employee, the employee’s position, title, name of office and the office seal or logo. The information on the identification card must be readable, such that the officials and employees concerned can be easily identified by the applicant or requesting party. For ministries, offices and agencies where an identification card is not used, the officers and employees must wear name plates or other means of identification.
xii. Establishment of Public Assistance/Complaints Desk. — Each ministry, office or agency shall establish a public assistance/complaints desk in all their offices.
(b). Submit annual performance reports. - All heads or other responsible officers of ministries, offices and agencies of the Bangsamoro Government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the ministry, agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours.
(c). Process documents and papers expeditiously. - All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf.
(d). Act immediately on the public's personal transactions. - All public officials and employees must attend to anyone who wants to avail himself of the services of their ministries, agencies, offices and must, at all times, act promptly and expeditiously.
(e). Make documents accessible to the public. - All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours.
Article 168. System of Incentives and Rewards. - A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: Senior Deputy Chief Minister as chairman, Bangsamoro Mufti, representative holding a position of responsibility from an accredited non-government organization, and two representatives from organizations of Bangsamoro Government employees one each from the second and first level positions to be appointed by the Chief Minister from the nominees of their respective Boards.
It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of the Bangsamoro Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Code.
The conferment of awards shall take into account, among other things, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to public officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next Bangsamoro General Appropriations Law. The Committee on Awards shall adopt its own rules to govern the conduct of its activities.
Article 169. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:
(a). Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.
(b). Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.
Nothing in this Code shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements.
Article 170. Statements and Disclosure. - Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.
(A)Statements of Assets and Liabilities and Financial Disclosure. - All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households.
The two documents shall contain information on the following:
(a) real property, its improvements, acquisition costs, assessed value and current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the aforestated documents shall also execute, within thirty (30) days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate Bangsamoro Government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government.
Husband and wife who are both public officials or employees may file the required statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by:
(1) Chief Minister, Deputy Chief Ministers, Ministers and members of Parliament, with the Deputy Ombudsman for Mindanao;
(2) Shari’ah Justices, with the Clerk of Court of the Supreme Court; Shari’ah Judges, with the Court Administrator;
(3) Regional and local officials and employees, with the Deputy Ombudsman for Mindanao;
(4) All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission.
(B)Identification and disclosure of relatives. - It shall be the duty of every public official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Bangsamoro Government and National Government in the form, manner and frequency prescribed by the Civil Service Commission.
(C)Accessibility of documents. - (1) Any and all statements filed under this Code, shall be made available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law.
(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification,
(4) Any statement filed under this Code shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation.
(5) the pertinent provisions of Executive Order No. 2 series of 2016 (Freedom of Information) shall be observed.
(D)Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under this article for:
(a) any purpose contrary to morals or public policy; or
(b) any commercial purpose other than by news and communications media for dissemination to the general public.
Article 171. Divestment. - A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.
The same rule shall apply where the public official or employee is a partner in a partnership.
The requirement of divestment shall not apply to those who serve the Bangsamoro Government in an honorary capacity nor to laborers and casual or temporary workers.
a. Conflict of Interest occurs:
1. When the official or employee is:
i. a substantial stockholder; or
ii. a member of the Board of Directors; or
iii. an officer of the corporation; or
iv. an owner or has substantial interest in a business; or
v. a partner in a partnership; and
2. The interest of such corporation or business, or his rights or duties therein, are opposed to or affected by the faithful performance of official duty.
b. A substantial stockholder is any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust.
c. A voting trust means an agreement in writing between one or more stockholders of a stock corporation for the purpose of conferring upon a trustee or trustees the right to vote and the other rights pertaining the shares for certain periods and subject to such other conditions provided for in the Corporation Law.
Chapter II
PROHIBITIONS
Article 172. One (1) Year Ban for Lost Candidates. 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.
Article 173. Ipso Facto Resignation. A person holding a public appointive office or position, shall be considered ipso facto resigned from his/her office upon filing of the certificate of candidacy. He/she must vacate the same at the start of the day of the filing of the certificate of candidacy with the Commission on Election, even if later on disqualified or has withdrawn the certificate for candidacy. This prohibition extends to private citizens appointed as board members in public offices representing the private sector.
Article 174. Six (6) Month Ban on Reemployment. An employee who resigned from the government service during the three (3)-month period before any election to promote the candidacy of another shall not be reemployed during the six-month period following such election.
Article 175. Political Activity. No officer or employee in the BARMM Civil Service, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote nor shall he/she use his/her official authority or influence to coerce the political activity of any other person or body. Nothing herein provided shall be understood to prevent any officer or employee from expressing his/her views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports: provided, that public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the BARMM Election Code.
Article 176. Additional or Double Compensation. No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law nor accept without the consent of the President, any present, emolument, office, or title of any kind from any foreign state.
Pensions and gratuities shall not be considered as additional, double or indirect compensation.
Article 177. Limitations on Employment of Laborers. Laborers, whether skilled, semi-skilled or unskilled, shall not be assigned to perform clerical duties.
Article 178. Prohibition on Detail or Reassignment. No detail or reassignment whatever shall be made within three (3) months before any election.
Article 179. Coverage of Nepotism. The nepotism rule covers all kinds of appointments whether original, promotion, transfer, and reemployment regardless of status, including casual, contractual and coterminous but are not primarily confidential. This rule shall also apply to designation.
Article 180. Nepotism. All appointments in any ministry, instrumentality, or office in BARMM, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the head or chief of the bureau or office, or of the persons exercising immediate supervision over him/her, are hereby prohibited.
As used in this article, the word “relative” and members of the family referred to are those related within the third degree either of consanguinity or of affinity.
Article 181. Exemption from the Rules on Nepotism. The following are exempted from the operation of the rules on nepotism in the BARMM: (a) persons employed in a confidential capacity, (b) teachers, (c) physicians, (d) scientific and technology personnel under RA 8439, (e) personal security of appointive and elective officials: Provided, however, that in each particular instance full report of such appointment shall be made to the CSC-BARMM.
The restriction mentioned in Article 180 shall not be applicable to the case of a member of any family who, after his or her appointment to any position in an office or bureau, contracts marriage with someone in the same office or bureau, in which event the employment or retention therein of both husband and wife may be allowed.
In order to give immediate effect to these provisions, cases of previous appointments which are in contravention hereof shall be corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in favor.
Article 182. Nepotism in Local Government. In the local government career service, the prohibition extends to the relatives of the appointing or recommending officer/authority within the fourth civil degree of consanguinity or affinity. However, for the non-career service in the local government, the prohibition extends to the third degree either of consanguinity or of affinity of the appointing or recommending officer/authority, or head of office, or of the person exercising immediate supervision over the appointee.
Consultation Form
Book IV
Chapters
Chapter I
SECURITY OF TENURE
Article 183. Protection of the Security of Tenure. It is hereby declared the policy of the Bangsamoro Autonomous Region to protect the security of tenure of civil service officers and employees in the various agencies in BARMM and of local governments, state colleges and universities expressly authorized by law, including government-owned or controlled corporations with original charters within the jurisdiction of BARMM, without sacrificing the need to promote morale, efficiency in the civil service.
Article 184. Removal or Suspension for Cause. No officer or employee of the civil service shall be removed or suspended except for cause provided by law.
Article 185. Notice and Hearing Required. In removal or suspension of officer or employee of BARMM, a valid cause must exist and only after due notice and hearing.
Article186. Roster of Bangsamoro Eligibles. The Bangsamoro Government shall establish a Roster of Bangsamoro Eligibles which shall be used as reference by the different ministries, offices, or agencies in case of vacancies of positions.
Chapter II
RIGHT TO SELF-ORGANIZATION
Article 187. General Policy. The right to self-organization shall not be denied to government employees.
Article 188. Self-organization. All Bangsamoro government employees can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. They can also form, in conjunction with appropriate government authorities, labor-management committees, works councils and other forms of workers' participation schemes to achieve the same objectives.
Article 189. Disqualified Employee. High-level employees whose functions are normally considered as policy-making or managerial or whose duties are of a highly confidential nature shall not be eligible to join the organization of rank-and-file Bangsamoro Government employees.
Article 190. Non-Discrimination. Bangsamoro Government employees shall not be discriminated against in respect of their employment by reason of their membership in employees' organizations or participation in the normal activities of their organization. Their employment shall not be subject to the condition that they shall not join or shall relinquish their membership in the employees' organizations.
Article 191. Non-Interference. Bangsamoro government authorities shall not interfere in the establishment, functioning or administration of Bangsamoro government employees' organizations through acts designed to place such organizations under the control of Bangsamoro government authority.
Article 192. Applicability of Laws. The existing laws, rules and regulations on the right to self-organization shall apply.
Chapter III
HOURS OF WORK, OVERTIME, UNDERTIME
Article 193. Working Hours. All Bangsamoro government officials and employees are required to render eight (8) working hours a day for five working days a week or a total of forty (40) hours a week, exclusive of time for lunch.
The normal working hours of Bangsamoro government officials and employees shall be from 8:00 a.m. to 12:00 a.m. and 1:00 p.m. to 5:00 p.m.
Article 194. Work Schedule Shifting. In the exigency of the service, or when necessary by the nature of the work of a particular ministry, office or agency and upon representations with the Commission by the Ministry heads concerned, requests for the rescheduling or shifting of work schedule for a number of working days lesser than the required five (5) days may be allowed provided that Bangsamoro Government officials and employees render a total of forty hours a week and provided further that the public is assured of core working hours of eight in the morning to five in the afternoon continuously for the duration of the entire work week.
Article 195. Flexible Working Hours. In the event Bangsamoro officials and employees elect to adopt flexi-time in reporting for work, in no case shall the working hours be reduced.
The flexible working hours shall not start earlier than 7:00 o’clock in the morning and end later than 7:00 o’clock in the evening, hence the public is still assured of the core working hours of eight o’clock in the morning to five o’clock in the afternoon. The public must be assured of a continuous service during the period of 12:00 noon to 1:00 o’clock in the afternoon.
Ministers of Ministries, heads of offices and agencies shall have the authority to approve office working hours, provided that in such working hours officials and employees shall render not less than eight hours a day for five days a week for a total of forty hours. The Flexible Working Hours adopted by the official or employee shall thereafter be his regular working hours which cannot be occasionally or periodically changed at his convenience.
A report of flexible working hours adopted by the ministry, office or agency shall be submitted to the CSC-BARMM within thirty (30) days of its implementation.
Article 196. Record of Attendance. All Bangsamoro officers and employees shall record their daily attendance on the proper form or, whenever possible, have them registered on the bundy clock or Biometric Attendance Monitoring System (BAMS). Any other means of recording attendance may be allowed provided their respective names and signatures as well as the time of their actual arrival to and departure from office are indicated, subject to verification. This shall include those serving in the field, that is, outside the office proper, and those on the water or service rendered on board a vessel as the usual place of work. The Record of Attendance which shall be kept in a conspicuous place, shall be in the custody of a responsible officer who shall monitor the arrival, departure of officials and employees.
All other Bangsamoro officials who are not required to use the bundy clock or BAMS shall hereinafter record their attendance in the manner prescribed by the ministry, office, or agency and their absences shall be covered with the requisite leave of absence.
Article 197. Overtime Services. When the interest of public service so requires, the daily hours of work for Bangsamoro officers and employees may be extended by the head of the ministry, office or agency concerned, which extension shall be fixed in accordance with the nature of work. They may also be requested to render overtime work which shall be paid except when rendered in the exigency of the service or when service requires them to work urgently, subject to existing regulations.
Article 198. Non-Offsetting. Off-setting of tardiness or absences by working the equivalent number of minutes or hours by which a Bangsamoro officer or employee has been tardy beyond the regular or approved working hours of the employees concerned shall not be allowed.
Article 199. Undertime. Any Bangsamoro employee who incurs undertime regardless of the number of minutes/hours, ten (10) times a month in a semester or at least two (2) consecutive months during the year shall be subject to administrative sanctions prescribed under CSC MC No.04, s. 1991 (Policy on Absenteeism and Tardiness).
Chapter IV
REHABILITATION PRIVILEGE
Article 200. Coverage. All Bangsamoro personnel with permanent, temporary, casual or contractual appointments, including those with fixed terms of office, may avail themselves of the Rehabilitation Privilege during their employment. Consultants and those hired under contract of service or job order cannot avail themselves of the privilege because they are not government employees.
Article 201. Availment. Bangsamoro officials and employees may be entitled to the Rehabilitation Privilege for a maximum period of six (6) months for wounds and/or injuries sustained while in the performance of official duties. The duration, frequency and terms of availing of the privilege shall be based on the recommendation of medical authority. Hence, availing of the privilege may be for less than six (6) months, or may be on half-time basis or an intermittent schedule as determined by medical authorities provided that the cumulative total period of availing of the privilege will not exceed six (6) months.
Illness or sickness resulting from or aggravated by working conditions or the environment cannot be a basis for availing of the Rehabilitation Privilege even if the same may be compensable under the law and regulations of the Employees Compensation Commission (ECC).
Article 202.Performance of Duty. For availing oneself of the Rehabilitation Privilege, performance of duty means situation wherein the official or employee was already at work. The same privilege may be extended to officials and employees in situations where the official or employee meets an accident while engaged in activities inherent to the performance of his or her duties, including being on Official Business outside of his or her station, Official Travel, authorized Overtime, Detail Order, and Special Assignment Orders.
Injuries form accidents that occurred while the official or employee was going to work and going home from work may be considered sustained while in the performance of official duties.
Ministry, office or agency heads, in the exercise of sound discretion, shall examine and consider the prevailing or circumstantial factors or conditions of the government official or employee who intends to avail himself or herself of the Rehabilitation Privilege.
These may include, but shall not be limited to, the following:
a. Established intent on the part of the official or employee in going to work from home or going home from work;
b. The official or employee is in his or her usual route in going to work from home and going home from work;
c. Reasonable proximity of the accident to the place of work or agency’s premises; and
d. Wounds or injuries were sustained within reasonable time from leaving his or her home or recorded departure from the place of work.
Other rightfully established evidence to merit the entitlement of an official or employee to Rehabilitation Privilege may be considered.
Article 203. Non-deduction. Absence of work during the period of Rehabilitation Privilege shall not be deducted from the accumulated sick or vacation leave credited of the official or employee.
However, officials and employees while on Rehabilitation Privilege do not earn and accumulate vacation leave and sick leave credits.
Article 204. Benefits. Bangsamoro officials and employees availing of the Rehabilitation Privilege shall receive their salaries and regular benefits such as Personnel Economic Relief Allowance (PERA), Additional Compensation (AdCom), year-end bonus, and cash gift mandated by law.
They are not entitled however to benefits and privileges that are enjoyed based on the actual performance of duties of positions entitled to these benefits such as Representation and Transportation Allowances.
Article 205. Reimbursement. Claimants of Rehabilitation Privilege benefits are entitled to reimbursement by their ministry, office or agency for first-aid expenses, preferably in government facilities. Reimbursement is subject to the availability of funds and shall not exceed 5,000 pesos unless expenditures beyond said amount are necessary as certified by medical authorities and approved by head of agency.
For this purpose, first aid refers to the basic medical treatment immediately given to a person hurt in an accident.
Article 206. Responsibilities of the Ministry, Office, or Agency Head. The ministry, agency head shall determine whether the injuries were incurred while in the performance of duties.
The ministry, office or agency head shall be held responsible and personally liable for any false or fraudulent claims and irregular availing of the privilege.
The ministry, office or agency head, through the ministry, office or agency medical staff and/or the HRMO, should monitor monthly the medical status of the employee undergoing rehabilitation.
Chapter V
PROTECTION DURING GOVERNMENT REORGANIZATION
Article 207. Removal in case of Bona Fide Reorganization. In case of implementation of reorganization within BARMM, a valid cause for removal exists when, pursuant to a bona fide reorganization, a position has been abolished or rendered redundant or there is a need to merge, divide, or consolidate positions in order to meet the exigencies of the service, or other lawful causes allowed by the civil service laws. The existence of any or some of the following circumstances may be considered as evidence of bad faith in the removal made as a result of reorganization, giving rise to a claim for reinstatement or reappointment by an aggrieved party:
a. Where there is a significant increase in the number of positions in the new staffing pattern of the ministry, office or agency concerned;
b. Where an office is abolished and other performing substantially the same functions is created;
c. Where incumbents are replaced by those less qualified in terms of status of appointment, performance and merit;
d. Where there is a reclassification of offices in the ministry, office or agency concerned and the reclassified offices perform substantially the same function as the original offices;
e. Where the removal violates the order of separation provided in Article 185 hereof.
Article 208. Order of RemovalIn the separation of human resource pursuant to reorganization, the following order of removal shall be followed:
a. Casual employees with less than five (5) years of government service;
b. Casual employees with five (5) years or more of government service;
c. Employees holding temporary appointments; and
d. Employees holding permanent appointments: provided, that those in the same category as enumerated above, who are least qualified in terms of performance and merit shall be laid first, length of service notwithstanding
Article 209. Preference of Officers and Employees Holding Permanent Appointments. Officers and employees holding permanent appointments shall be given preference for appointment to the new positions in the approved staffing pattern comparable to their former position or in case there are not enough comparable positions, to positions next lower in rank.
No new employees shall be taken in until all permanent officers and employees have been appointed, including temporary and casual employees who possess the necessary qualification requirements, among which is the appropriate civil service eligibility, for permanent appointment to positions in the approved staffing pattern, in case there are still positions to be filled, unless such positions are policy-determining, primarily confidential or highly technical in nature.
Article 210. Preference for Appointment in Other Agencies. Officers and employees holding permanent appointments shall be given preference for appointment in other agencies if they meet the qualification requirements of the positions therein.
Article 211. Creation of Placement Committee. In order that the best qualified and most deserving persons shall be appointed in any reorganization, there shall be created a Placement Committee in each appointment shall be given preference for appointment in the judicious selection and placement of human resource. The Committee shall consist of two (2) members appointed by the head of the ministry or agency, a representative of the appointing authority, and two (2) members duly elected by the employees holding positions in the first and second levels of the career service: provided, that if there is a registered employee association with a majority of the employees as members, that employee association shall also have a representative in the Committee: provided, further that immediately upon approval of the staffing pattern of the ministry or agency concerned, such staffing pattern shall be made known to all officers and employees of the agency who shall be invited to apply for any of the positions authorized therein. Said application shall be considered by the Committee in the placement and selection of human resource.
Article 212. List of Human Resource to be Made Known. A list of the human resource appointed to the authorized positions in the approved staffing pattern shall be made known to all the officers and employees of the ministry or agency. Any of such officers and employees aggrieved by the appointments made may file an appeal with the appointing authority who shall make a decision within thirty (30) days from the filling thereof.
Article 213. Appeal to the Civil Service Commission – Bangsamoro Autonomous Region in Muslim Mindanao. An officer or employee who is still not satisfied with the decision of the appointing authority may further appeal within ten (10) days from the receipt thereof to the CSC-BARMM which shall render a decision thereon within thirty (30) days and whose decision shall be final and executory.
Article 214. Reinstatement or Reappointment in case Separation is in Violation of the CodeAll officers and employees who are found by the CSC-BARMM to have been separated in violation of the provisions of this Code, shall be ordered reinstated or reappointed as the case may be without loss of seniority and shall be entitled to full pay for the period of separation. Unless also separated for cause, all officers and employees, who have been separated pursuant to reorganization shall, if entitled thereto, be paid the appropriate separation pay and retirement and other benefits under existing laws within ninety (90) days from the date of the effectivity of their separation or from the date of the receipt of the resolution of their appeals as the case may be: provided, that application for clearance has been filed and no action thereon has been made by the corresponding ministry or agency. Those who are not entitled to said benefits shall be paid a separation gratuity in the amount equivalent to one (1) month salary for every year of service. Such separation pay and retirement benefits shall have priority of payment out of the savings of the ministry or agency concerned.
Consultation Form
Book V
Chapters
Chapter I
PRELIMINARIES
Article 215. Coverage. The provisions of this Book shall apply to disciplinary administrative cases or matters brought before the Office of the Chief Minister, the different ministries, offices or agencies of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), including its component local government units (LGUs) and government-owned or controlled corporations (GOCCs) with original charters in the Bangsamoro except as may be provided by law enacted by the Bangsamoro Parliament or the Congress. As to non-disciplinary in nature cases, the same shall be brought directly before the CSC-BARMM.
Article 216. Construction. The provisions of Book V shall be liberally construed in order to promote their objective in obtaining a just, speedy, and inexpensive disposition of administrative cases.
Chapter II
JURISDICTION AND VENUE OF ACTIONS
Article 217. Jurisdiction of the Office of the Chief Minister. The Office of the Chief Minister (OCM) shall have primary jurisdiction over administrative cases or matters filed or brought before it by any person against any officials or employees of the different offices, agencies, commissions or bureaus under it. It shall also have the same jurisdiction over Deputy Chief Ministers, Ministers, and Bangsamoro Director General of the different ministries, as well as the heads of the GOCCs of the Bangsamoro Autonomous Region.
The Attorney General’s Office shall hear and try administrative cases falling under the jurisdiction of the OCM. Thereafter, it shall submit its findings and recommendation to the Chief Minister for final action.
Article 218. Jurisdiction of the Different Ministries and GOCCs. All ministries and GOCCs with original charter shall have jurisdiction over administrative cases or matters filed or brought before it by any person against any of their respective officials or employees, except those officials mentioned in the immediately preceding section.
Article 219. Jurisdiction of the LGUs. The jurisdiction of the LGUs shall be in accordance with the provisions of the Local Government Code of the Bangsamoro Autonomous Region.
Article 220. Referral of Cases to Proper Disciplining Authority. Cases wrongly filed shall be referred by the concerned office or ministry to the proper disciplining authority as specified in this Book. Referral to the OCM through the Office of the Attorney General may also be made when in the honest, fair, and reasonable judgment of the concerned ministry, office or agency, after proper evaluation, the case could be best heard and tried by the former. A statement under oath to this effect shall be made by the referring official or disciplining authority. A proper endorsement or referral, together with the complaint and its attachments, shall be transmitted to the OCM.
Chapter III
COMPLAINT
Article 221. Complaint Defined; Who May Initiate. A complaint is a means of bringing to the attention of the proper disciplining authority the commission of infraction by the person complained of. It may be initiated by the disciplining authority motu proprio or upon a valid complaint filed by any person.
Article 222. Requisites of a Valid Complaint. A complaint to be valid must be in writing, written in a clear and concise language as to properly apprise the person/s complained of, and must be subscribed and sworn to by the complainant. However, in cases initiated by the proper disciplining authority, a show cause order why no formal investigation should be conducted against the person complained is sufficient.
The complaint shall contain the following:
a. Full name and address of the complainant;
b. Full name and address of the person complained of, his position and office;
c. A narration of the relevant and material facts which shows the acts or omissions complained of; and
d.A certification of non-forum shopping.
The same must also be accompanied by certified true copies of documentary evidence and affidavits of witnesses, if any. The absence of any of the aforementioned requirements may be a ground to dismiss the complaint without prejudice to its refiling upon compliance with the above requirements.
Article 223. Anonymous Complaint. Considering the peculiar circumstances surrounding the Bangsamoro, as well as to encourage the reporting of any improper or illegal act or omission of public officials and employees, anonymous complaint may be allowed. The same has to comply with the requirements of a valid complaint except as to the requirements (a) & (d), Article 222 of this Book as well as the required subscription, which may either be in the form of an anonymous complainant or concerned employees or individuals.
Article 224. Obligation in Case of Anonymous Complaint. The proper disciplining authority must faithfully evaluate and validate the trustworthiness of the allegations and the genuineness of the documentary evidence and act on it accordingly. If he is convinced that the anonymous complaint is supported by obvious truth or such documentary or other evidence showing the probability that the offense was indeed committed, he shall require the person complained of to file his counter-affidavit under oath within ten (10) days from receipt of order.
Article 225. Effect of the Pendency of Action. No official or employee shall be allowed to retire, resign or transfer during the pendency of the action against him or her. This prohibition shall last until the final resolution of his/her case and meted out the penalty imposed, if found guilty of the charge, or after ninety (90) days from the filing of the complaint if the disciplining authority failed, without justifiable reason, to dispose of the case without prejudice to the continuation of the investigation.
Article 226. Withdrawal of the Complaint. If the complaint is withdrawn by the complainant during its pendency, the same shall not result in its outright dismissal or discharge of the person complained of from liability except when the offense is purely personal between the complainant and the person complained of and there is no apparent injury to the Bangsamoro Autonomous Region. In any case, the withdrawal shall be subject to the approval of the disciplining authority.
Article 227. Action on the Complaint. Upon receipt of a complaint, the disciplining authority shall evaluate its compliance with the form and substance prescribed under Article 222 of this Book. If in the affirmative, he or she shall require the person complained of to file his or her counter-affidavit, together with the testimony of his witnesses and such other documentary evidence, if any, within a period of ten (10) days from receipt.
On the other hand, if the complaint is not sufficient in form and substance, the disciplining authority may dismiss the complaint outright without prejudice or require the complainant to correct or supply the deficiency within a period of three (3) days from receipt of the order. In order to expedite the proceedings, the disciplining authority may, in the exercise of his/her sound judgment, consider substantial compliance of the complaint as to prescribed form and substance.
Chapter IV
PRELIMINARY INVESTIGATION
Article 228. Preliminary Investigation Defined. A Preliminary Investigation is a mandatory proceeding to be undertaken by the disciplining authority or his or her representative, the purpose of which is to determine whether a prima facie case exists to warrant further investigation.
Article 229. How Conducted. Preliminary Investigation shall be conducted either by ex parte evaluation of the complete records of the case or by conducting a clarificatory meeting with the parties on the merits of the case. In the latter case, the disciplining authority or his or her representative shall ensure that the objective of having a fair, just and peaceful investigation is achieved. He or she may require the appearance of the parties on different times or days to avoid any possible confrontation between the parties.
In cases where the complaint is initiated motu proprio by the disciplining authority, a show cause order requiring the person complained of to explain why no formal charge should be made against him or her shall be issued. The explanation or comment under oath, together with the affidavit of witnesses and other documentary evidence, if any, shall be filed within a period of ten (10) days from receipt of the order.
Article 230. Duration of the Preliminary Investigation. A Preliminary Investigation shall be conducted and be terminated within a non-extendible period of twenty (20) days from receipt of the complete records of the case. In meritorious cases, however, the disciplining authority may extend such investigation for a period of not more than ten (10) days from the expiration of the original period.
Article 231. Investigation Report. Within five (5) days from such termination, the investigation officer, body or committee shall submit the Investigation Report, together with his recommendation and the complete records of the case, to the proper disciplining authority for his or her immediate action. The latter may adopt the investigator’s recommendation or require further investigation for a non-extendible period of five (5) days. In all instances, the disciplining authority shall dismiss the complaint when, in his fair and reasonable judgment, there is no prima facie case. The parties shall then be furnished copy of the order with sufficient explanation of the reason/s for such dismissal.
Chapter V
FORMAL CHARGE
Article 232. Issuance of Formal Charge. Within fifteen (15) days from receipt of the Investigation Report, and a prima facie case has been properly established, the disciplining authority shall issue a Formal Charge addressed to the respondent, copy furnished the complainant. The same must contain the following:
a. Full name and address of the complainant;
b. Full name and address of the respondent, his/her position and office;
c. Specification and nature of the charge/s;
d. A brief statement of the relevant and material facts;
e. A directive to the respondent to file his/her Answer within a period of ten (10) days; and
f. Place and date of issuance.
The Formal Charge shall be accompanied by copies of the complete records of the case. The right to counsel of the respondent shall be recognized in all stages of the proceedings but in no case shall be a cause to ask extension of time to comply with the directives of the proper disciplining authority.
Article 233. Prohibited Pleadings. The following pleadings shall not be entertained by the proper disciplining authority, to wit:
a. Bill of particulars or request for clarification;
b. Motion to dismiss on any grounds;
c. Motion for reconsideration; and
d. Motion for extension of time to file answer.
Any of the foregoing grounds may, however, be incorporated in the answer of the respondent as part of his or her defenses.
Chapter VI
ANSWER
Article 234. Contents. The answer must be in writing and subscribed and sworn to before a notary public. It shall contain the following:
a. Full name and address of the complainant;
b. Full name and address of the respondent;
c. Specification and nature of the charge/s;
d. Statement of material dates showing the date when the Formal Charge was received and the date when the answer was filed;
e. Defenses and brief counter-statement of the relevant and material facts;
f. A statement whether respondent elects to have a formal investigation; and
g. The relief/s prayed for.
Article 235. Period to File. The respondent shall have ten (10) days from receipt of the Formal Charge within which to file his/her answer. Failure to do so shall be considered a waiver on his/her part and the case shall be decided on the basis of the records available within a period of fifteen (15) days.
Chapter VII
TAKING OF SOLEMN OATH
Article 236. Solemn Oath Meaning. As used in this Book, a solemn oath shall be understood to mean a moral asseveration in accordance with a person’s religious or cultural belief, in the nature of an oath in the presence of a duly authorized person, in connection with a pending case, to the effect that all statements or allegations made in relation thereto by the parties and/or their witnesses are true and correct to their personal knowledge. It is separate and distinct from the usual oath or subscription made before a notary public or person authorized to administer oath.
Article 237. When Required. The proper disciplining authority, at any stage of the proceeding, may require the parties to take a solemn oath if, in his/her sound discretion, such taking may facilitate or help in ascertaining the truth in relation to a case pending before him/her. It shall not be mandatory for him/her to require such solemn oath and the same shall not be conclusive proof as to the accuracy of the testimony or statement given.
Article 238. Who May Administer. The Bangsamoro Mufti or those he may duly authorize in writing may administer the taking of a solemn oath in cases of Muslims. As to non-Muslims or non-Moro Indigenous People, the same shall be administered by the hearing officers.
Article 239. Manner of Taking. Before an oath is taken, the administering officer shall see to it that the concerned person fully understands the consequences of the oath and that the same is voluntary on his/her part. The swearing must be in the language or dialect known to the person taking an oath. He/she shall be given a reasonable period of time to reflect upon the consequences of taking such oath.
Article 240. Certification. The administering officer shall issue the necessary certification, under his/her official seal and signature, specifying whether the concerned person actually took or refused to take the solemn oath as well as the place and date of its taking. His/her observations must also be indicated therein. The certification shall form part of the record of the case.
Chapter VIII
PREVENTIVE SUSPENSION
Article 241. Nature and Purpose. Preventive Suspension is not a penalty. It is merely a precautionary measure allowed by law in order to temporarily remove the respondent from the scene of the alleged misfeasance/malfeasance/nonfeasance while the case is pending. The purpose of which is to prevent him/her from using his/her office or position in exerting undue influence or pressure on the witnesses and/or tampering with evidence.
Article 242. Grounds for Issuance. The proper disciplining authority may, motu proprio or upon proper motion by the complainant, place the respondent under preventive suspension upon issuance of Formal Charge or immediately thereafter if the charge involves:
a. Dishonesty;
b. Oppression;
c. Grave Misconduct;
d. Gross Neglect of Duty;
e. An administrative offense committed on its second or third time and the penalty thereof is dismissal from the service; or
f. Other offenses punishable by dismissal from the service.
In order for a preventive suspension to be valid, the evidence against respondent must be strong and there must be a showing that he/she is in a position to exert undue influence or pressure on the witnesses and/or to tamper with evidence by reason of his/her position.
Article 243. Manner of Issuance. A preventive suspension may be effected by issuance of an order by the proper disciplining authority specifying the ground/s therefor, the evidence against respondent, and a directive to immediately cease and desist from performing his/her official functions as well as from entering the premises of his/her office pending investigation of his/her case. The complainant and other concerned persons or offices shall be furnished copy of the Order of Preventive Suspension.
Article 244. Duration. When properly issued, preventive suspension shall commence from the time the order was received by the respondent and shall last upon the lapse of ninety (90) days or after the resolution of his/her case, whichever comes earlier. In the case of employees or officials of component local government units of the Bangsamoro Autonomous Region, the period of preventive suspension shall be up to sixty (60) days only. It is understood that the periods mentioned are only the maximum periods within which to place the respondent under preventive suspension. It does not preclude the proper disciplining authority to place him/her under a lesser period, which should not be less than two-thirds (2/3) of the maximum duration, of preventive suspension so long as it is made in good faith and taking into consideration the nature or gravity of the offense charged.
Article 245. Effect of the Lapse of the Period. If the disciplining authority failed to resolve or decide the case after the lapse of the period mentioned above, the respondent shall be automatically reinstated in the service, unless the delay is due to the fault, negligence, or manipulations of the respondent, in which case, the period of delay shall not be included in the counting of the preventive suspension.
Article 246. Effect of Authorized Leave in Case of Preventive Suspension. Should the respondent be on authorized leave, the preventive suspension shall be deferred or interrupted until such time that said leave has been fully exhausted.
Article 247. Number of Preventive Suspension Allowed. No further preventive suspension arising out of the same charge/s is allowed even if it is merely for the purpose of exhausting the maximum period in a case where lesser period was effected. If the respondent is already placed under preventive suspension, the duration of the second preventive suspension arising out of a different charge/s shall simultaneously run with the first without prejudice to the service of the remaining period of the second.
Article 248. Alternative to Preventive Suspension. The proper disciplining authority has the option to reassign the respondent for the same period to another ministry, office, or agency as the case may be, if he or she is convinced that the respondent cannot exert undue influence or pressure on the witnesses and/or tamper with evidence to his/her advantage.
Article 249. Remedies from the Order of Preventive Suspension. The respondent may, within ten (10) days from receipt, appeal the Order of Preventive Suspension before the Office of the Chief Minister if it was issued by a Minister or Head of a GOCC of the Bangsamoro Autonomous Region. If the Order of Preventive Suspension was issued by the Chief Minister involving higher officials mentioned under Article 217 of this Book, the same shall be elevated directly to the Civil Service Commission. Pending appeal, the order shall be executory and no motion for reconsideration is allowed to be entertained by the issuing office or ministry.
Article 250. Void on its Face Order. Any of the following circumstances shall render the order of preventive suspension void on its face:
a. The order was issued by one who is not the proper disciplining authority;
b. The requirements under Article 222 are not present;
c. The order was issued without a formal charge or the same is defective; and
d. The period of preventive suspension as imposed has exceeded the prescribed periods.
Article 251. Payment of Back Wages and Reinstatement in case of a Void on its Face Order. A declaration by the higher authority of the order of preventive suspension as void on its face shall entitle the respondent to immediate reinstatement and payment of back wages corresponding to the period of the illegal preventive suspension without awaiting the outcome of the main case.
A declaration of invalidity based on ground/s other than those mentioned in the immediately preceding section shall result in the reinstatement of the respondent but the payment of back wages shall be subject to the final outcome of the main case. If he/she is exonerated or the penalty imposed is only reprimand, he/she shall be entitled to back wages. Otherwise, he/she shall not be entitled thereto.
Mere downgrading of the charge to a lesser offense does not amount to exoneration and shall not entitle the respondent to payment of back wages.
Chapter IX
FORMAL INVESTIGATION
Article 252. Instances Required. A formal investigation shall only be conducted when the merits of the case cannot be judiciously decided without such investigation; or when the respondent elects to have one as expressed in his/her answer. In all other cases, the parties shall be required instead to file their respective verified position papers within a non-extendable period of ten (10) days from receipt of the order to file the same and thereafter, the case shall be deemed submitted for resolution.
Article 253. When to be Conducted. When a formal investigation has to be conducted under the circumstances specified in the immediately preceding section, the same shall be conducted within five (5) days from receipt of respondent’s answer or upon the expiration of the period to file answer and shall be terminated after twenty (20) days from its commencement. Said period of termination may be extended for another ten (10) days by the hearing officer with notice to the proper disciplining authority in proper cases as specified in the notice and which must not be due to the negligence of the hearing officer.
Article 254. How Conducted. The formal investigation shall commence by conducting a pre-hearing conference for the parties to appear, consider and agree on the following matters, to wit:
a. Stipulation of facts;
b. Simplification of issues;
c. Identification and marking of evidence;
d. Waiver of objections to admissibility of evidence;
e. Limitation on the number of witnesses;
f. Hearing dates;
g. Consideration of taking solemn oath in accordance with Article 236 of this Chapter;
h. Possibility of submitting the case for resolution by the disciplining authority or his/her representative; and
i. Such other matters as may aid in the speedy and just resolution of the case.
The agreement between the parties shall be reduced in writing and signed by them or their authorized representatives in the presence of the disciplining authority or his/her designated hearing officer/s. The same shall be embodied in the pre-hearing order and shall be binding upon the parties.
The conduct of pre-hearing conference in cases where formal investigation is required is mandatory for the hearing officer but the failure of any party to attend such conference shall be sufficient ground to consider the case submitted for resolution. Hence, the case shall be decided on the basis of the records available.
Article 255. Continuous Hearing. Hearings shall be conducted on the hearing dates agreed upon during the pre-hearing conference which shall not be more than five (5) hearing days. No postponement shall be allowed except in highly exceptional circumstances and upon a proper written motion filed by any party at least three (3) days before the scheduled hearing to be postponed. The parties are required to be present during the hearings and their absence shall produce the same result as in the case of absence of any party during pre-hearing conference. At any time before the resolution of the case, the parties may agree in writing to submit the case for resolution by the disciplining authority.
Article 256. Hearings, How Conducted. Hearings before any of the proper disciplining authorities under this Book shall be conducted primarily for the purpose of securing a just, speedy, and fair resolution of administrative cases brought before it. They should not be conducted in such manner as to put excessive burden on the parties thereby discouraging them to resort to democratic processes. Taking these into account, hearings shall not be conducted in a strictly adversarial or trial-type proceedings. It is sufficient for the parties to be given ample opportunities to be heard and present their witnesses and other evidence for the consideration of the hearing officer/s.
Article 257. Order of Hearing. The following order of hearing, when applicable, may be observed:
a. The prosecution shall present its case without interruption or interrogation from the respondent.
b. The respondent shall present his/her defenses. Cross-examination is not allowed.
c. Both parties may submit their rebuttal and sur-rebuttal, respectively.
When the presentation of the witnesses has been concluded, the parties shall formally offer their evidence either orally or in writing and thereafter objections thereto may also be made either orally or in writing. After which, both parties may be given time to submit their respective memorandum which in no case shall be beyond five (5) days after the termination of the investigation. Failure to submit the same within the given period shall be considered a waiver thereof.
Article 258. Objections, How Made. All objections raised during the hearing shall be resolved by the hearing officer. However, objections that cannot be ruled upon by the hearing officer shall be noted with the information that the same shall be included in the memorandum of the concerned party to be ruled upon by the proper disciplining authority.
The hearing officer shall admit all evidence formally offered subject to the objection/s interposed against its admission.
Article 259. Marking of Evidence or Exhibits. All documentary evidence or exhibits for the complainant shall be properly marked by letters (A,B,C, etc.) with sub-markings in case of single document with several pages (A-1, A-2, A-3, etc.). If presented by the respondent, it shall be marked by numbers (1, 2, 3) with sub-markings in case of single but having several pages (1-A, 1-B, 1-C). These shall form part of the complete records of the case.
Article 260. Issuance of Subpoena. The disciplining authority or his/her authorized hearing officer has the power to issue subpoena ad testificandum to compel attendance of witnesses or subpoena duces tecum for the production of other evidence. The requesting party shall make the proper request for the issuance thereof at least five (5) days before the scheduled hearing, copy furnished the requested party or witness specifying the evidence to be produced in case of the latter subpoena.
Article 261. Record of the Proceeding. All the proceedings during the formal investigation must be duly recorded. This could be taken in shorthand, stenotype or other means of recognized recording.
Article 262. Proof of Service. All pleadings and litigated motions allowed under this Book filed by the parties shall be copy furnished the other party with proof of service in the form of an affidavit. Those filed through registered mail or private courier service shall be deemed filed on the date stamped on the envelope or courier pack which shall be attached to the records of the case. In case of personal service, it shall be evidenced by the date stamped on the envelope or the document itself duly dated and signed by the receiving party.
Article 263. Formal Investigation Report. The hearing officer shall submit a formal investigation report to the proper disciplining authority within ten (10) days after the conclusion of the formal investigation. Said report shall contain the following:
a. a narration of the material facts duly established during the investigation;
b. the findings and the evidence supporting said findings;
c. his/her recommendation for appropriate action/s; and
d. a draft decision containing the said recommendation.
The complete records of the case shall be attached to the report and shall be treated with confidentiality. Further, it shall contain a Table of Contents for easy reference, systematically and chronologically arranged, paged and securely bound to prevent loss.
Chapter X
DECISION
Article 264. Period to Render Decision. Within fifteen (15) days from receipt, the proper disciplining authority shall evaluate the Formal Investigation Report and render his/her decision. He/she may either affirm or disregard the hearing officer’s recommendation. In case of inaction within the said period, the recommendation shall be deemed to be his/her decision. In all cases, the parties shall be furnished copy of the decision or recommendation, as the case may be, within ten (10) days.
Article 265. Finality of Decisions. Decisions shall become final after the lapse of fifteen (15) days from receipt unless a motion for reconsideration is seasonably filed in accordance with the succeeding Article. The same period applies in case of decision dismissing the case.
Chapter XI
MOTION FOR RECONSIDERATION
Article 266. Who May File. The party adversely affected by the decision may file a motion for reconsideration before the office of the disciplining authority who rendered the decision within fifteen (15) days from receipt. The phrase “adversely affected” shall, for purposes of this Book, include
Article 267. Grounds. A motion for reconsideration may be filed based on any of the following grounds only, to wit:
a. Newly discovered evidence which materially affects the case;
b. The decision is not supported by evidence on record; or
c. Errors of law or irregularities have been committed which are prejudicial to the interest of the movant.
Article 268. Effect of Filing. A motion for reconsideration seasonably filed shall stay the execution of the decision sought to be reconsidered and shall be disposed of by the disciplining authority within thirty (30) days. Otherwise, the same shall be deemed denied. Only one motion is allowed. Any succeeding motion shall not affect the running of the reglementary period to appeal.
Chapter XII
APPEAL
Article 269. Unappealable Decisions. No appeal is available if the decision involves any of the following:
a. Dismissal of the complaint;
b. A penalty of reprimand or suspension for not more than thirty (30) days; or
c. A fine in an amount not exceeding thirty (30) days’ salary, unless the ground relied upon is violation of due process.
Article 270. When Appeal is Available. Decisions involving a penalty of suspension for more than thirty (30) days or a fine in an amount exceeding thirty (30) days’ salary may be appealed by the respondent within fifteen (15) days from receipt of the assailed decision.
Article 271. Executory Judgements. Decisions shall be executory pending appeal unless a Temporary Restraining Order (TRO) is issued by the proper authority. No motion for execution pending appeal shall be necessary.
Article 272. Where to Appeal. Decisions rendered by any Cabinet Minister or Head of a GOCC shall be appealable to the Chief Minister. Unfavorable Decision of the Chief Minister on the appeal emanating from the Cabinet Minister or Head of a GOCC may be appealed to the Civil Service Commission. If the Decision has been rendered by the Chief Minister, the same shall be appealable to the Commission.
Article 273. Appeal, When Perfected. A party desiring to appeal a decision shall file a Memorandum with the appellate authority, copy furnished the disciplining authority, containing the following:
a. the grounds relied upon by him/her;
b. certified true copies of the assailed decision;
c. certified true copies of documentary evidences;
d. proof of service of the Memorandum to the disciplining authority;
e. proof of payment of the required fee, if any; and
f. a certification against forum shopping.
Failure to comply with any of the above requirements shall not be a ground to dismiss the appeal. Instead, the disciplining authority shall require the appellant to supply the deficiency within five (5) days from receipt of the directive or order. If, despite such directive or order, the appellant failed to comply, the appeal shall be dismissed with prejudice.
Article 274. Transmittal of the Records. Upon receipt of a copy of the Memorandum furnished him/her by the appellant, the disciplining authority shall transmit the complete records of the case together with its comment to the appellate authority within ten (10) days. Said records must be systematically arranged, paged and securely bound to prevent loss.
Chapter XIII
ADMINISTRATIVE OFFENSES AND PENALTIES
Article 275. Classification of Offenses. Administrative offenses are classified into grave offenses, less grave offenses, or light offenses, depending on the gravity or depravity and effects on the government service.
Article 276. Grave Offenses. The following are the grave offenses which are punishable by dismissal:
1. Serious Dishonesty;
2. Gross Neglect of Duty;
3. Grave Misconduct;
4. Conviction of a Crime Involving Moral Turpitude;
5. Falsification of Official Document;
6. Physical or mental disorder or disability due to immoral or vicious habits;
7. Receiving for personal use of a fee, gift, or other valuable thing in the course of official duties or in connection therewith when such fee, gift, or valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that accorded to other persons, or committing acts punishable under the anti-graft laws;
8. Contracting loans of money or other property from persons with whom the office or employee has business relations;
9. Soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value in the course of one’s official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of one’s office. The propriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature;
10. Nepotism; and
11. Disloyalty to the Republic of the Philippines, including the Bangsamoro Autonomous Region in Muslim Mindanao; and to the Filipino people, including the Bangsamoro people.
The following grave offenses are punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense and dismissal from the service for the second offense:
1. Less Serious Dishonesty;
2. Oppression;
3. Disgraceful and Immoral Conduct;
4. Inefficiency and Incompetence in the Performance of Official Duties. However, the guilty person may instead be punished by Demotion in which case he shall suffer diminution in salary corresponding to the next lower in degree with the same salary step;
5. Habitual Absenteeism;
6. Habitual Tardiness Causing Prejudice to the Operations of the Office;
7. Loafing from Duty During Regular Office Hours;
8. Refusal to Perform Official Duty;
9. Gross Insubordination;
10. Conduct Prejudicial to the Best Interest of the Service;
11. Directly or indirectly having financial and material interest in any transaction requiring the approval of one’s office. Financial and material interest is defined as pecuniary or proprietary interest to which a person will gain or lose something;
12. Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by one’s office, unless expressly allowed by law;
13. Disclosing or misusing confidential or classified information officially known by reason of one’s office and not made available to the public, to further his private interests or give undue advantage to anyone, to the prejudice of the public interest;
14. Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the general public; and
15. Recommending any person to any position in a private enterprise which has a regular or pending official transaction with one’s office, unless such recommendation or referral is mandated by law or international agreements, commitment and obligation; or as part of the function of one’s office.
Article 277. Less Grave Offenses. The following less grave offenses are punishable by suspension of one (1) month and one (1) day to six (6) months for the first offense; and dismissal from the service for the second offense:
1. Simple Neglect of Duty;
2. Simple Misconduct;
3. Discourtesy in the Course of Official Duty;
4. Violation of Existing Civil Service Law or Rules of Serious Nature;
5. Insubordination;
6. Habitual Drunkenness;
7. Unfair discrimination in rendering public service due to party affiliation or preference;
8. Failure to file sworn statements of assets, liabilities and net worth (SALN), and disclosure of business interest and financial connections including those of one’s spouse and unmarried children under eighteen (18) years of age living in one’s household;
9. Failure to resign from one’s position within thirty (30) days, or to divest oneself of one’s shareholdings or interest within sixty (60) days, in the private business enterprise from assumption of public office when there is conflict of interest. If such conflict arises only while one is already in the service, the counting of the periods mentioned shall commence from the moment the conflict arises or becomes known or should have known to the concerned employee or official; and
10. Engaging directly or indirectly in partisan political activities by one holding non-political office.
The less grave offense of Simple Dishonesty is punishable by suspension of one (1) month and one (1) day to six (6) months for the first offense; six (6) months and one (1) day to one (1) year for the second offense; and dismissal from the service for the third offense.
Article 278. Light Offenses. The following light offenses are punishable by reprimand for the first offense; suspension of one (1) to thirty (30) days for the second offense; and dismissal from the service for the third offense:
1. Simple Discourtesy in the Course of Official Duty;
2. Improper or unauthorized solicitation of contributions from subordinate employees and in the case of teachers or school officials from school children;
3. Violation of Reasonable Office Rules and Regulations;
4. Habitual Tardiness;
5. Gambling Prohibited by Law;
6. Refusal to Render Overtime Service;
7. Disgraceful, Immoral or Dishonest Conduct Prior to Entering the Service;
8. Borrowing Money by Superior Officers from Subordinates;
9. Willful failure to pay just debts or to pay taxes due the government. Just debts shall be understood to be limited to claims adjudicated by a court of law, or the existence of which are admitted by the debtor;
10. Lobbying for personal interest or gain in legislative halls and offices without authority;
11. Promoting the sale of tickets in behalf of private enterprises. However, if the tickets are intended for charitable or public welfare purposes, the same may be allowed provided there is prior authority;
12. Failure to act promptly on letters and request within fifteen (15) working days from receipt in accordance with Section 3, Rule VI of the Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No 6713);
13. Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof in accordance with Section 4, Rule VI of the above-mentioned implementing rules;
14. Failure to attend to anyone who wants to avail himself/herself of the services of the office, or act promptly and expeditiously on public transactions;
15. Unauthorized Private Practice of One’s Profession; and
16. Pursuit of private business or vocation without the permission required by civil service rules and regulations.
Article 279. Other Specific Offenses. Republic Act No. 9485 or the Anti-Red Tape Act of 2007 provides for the following:
I. Grave Offense: Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage shall be penalized by Dismissal and Perpetual Disqualification from Public Service;
II. Light Offenses: the following are light offenses:
a. Refusal to accept application and/or request within the prescribed period or any document being submitted by a client;
b. Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirements within the prescribed period;
c. Failure to attend to clients who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch break;
d. Failure to render frontline services within the prescribed period on any application and/or request without due cause;
e. Failure to give the client a written notice on the disapproval of an application or request; and
f. Imposition of additional irrelevant requirements other than those listed in the first notice.
The foregoing light offenses shall be penalized as follows:
First Offense: Thirty (30) days suspension without pay and mandatory attendance in Values Orientation Program;
Second Offense: Three (3) months suspension without pay;
Third Offense: Dismissal and Perpetual Disqualification from Public Service.
Chapter XIV
PENALTY OF FINE
Article 280. When Penalty of Fine Allowed. The disciplining authority may allow payment of fine in lieu of suspension if any of the following circumstances is present:
a. When the function/nature of the office is impressed with national interest such as those involved in maintenance of peace and order, health and safety, and education;
b. When the respondent is actually discharging frontline functions or those directly dealing with the public and the human resource complement of the office is insufficient to perform such function;
c. When the respondent committed the offense without utilizing or abusing the powers of his/her position or office; or
d. When the respondent has already retired or otherwise separated from government service and the penalty of suspension could not be served anymore, the fine may be sourced from the accumulated leave credits or whatever benefits due the respondent.
Article 281. When Available. The payment of penalty of fine in lieu of suspension shall be available in Grave, Less Grave and Light Offenses where the penalty imposed is for six (6) months or less at the ratio of one (1) day of suspension from the service to one (1) day salary fine; Provided, that in Grave Offenses where the penalty imposed is six (6) months and one (1) day of suspension in view of the presence of mitigating circumstance, the conversion shall only apply to the suspension of six (6) months. Nonetheless, the remaining one (1) day suspension is deemed included therein.
Article 282. Period to Pay the Fine; Effect of Failure to Pay. The maximum period to pay the fine shall not exceed one (1) year from the time the decision/resolution becomes final and executory. The conversion of suspension into fine shall render the decision final and executory and, therefore, not subject of appeal or any other similar relief. The failure of the respondent to pay the fine or part thereof shall cause the reversion to the original penalty of suspension. As such, respondent shall serve the original penalty of suspension imposed, irrespective of the amount already paid.
Article 283. Schedule of Fine in Installment. Fine may be paid in equal monthly installments subject to the following schedule of payment prescribed below:
a. Fine equivalent to one (1) month salary shall be paid within two (2) months;
b. Fine equivalent to two (2) month salary shall be paid within four (4) months;
c. Fine equivalent to three (3) month salary shall be paid within six (6) months;
d. Fine equivalent to four (4) month salary shall be paid within eight (8) months;
e. Fine equivalent to five (5) month salary shall be paid within ten (10) months; and
f. Fine equivalent to six (6) month salary shall be paid within twelve (12) months;
Article 284. Where to be Paid. The fine shall be paid to the agency imposing the same, computed on the basis of respondent’s salary at the time the decision becomes final and executory
Chapter XV
GUIDELINES ON THE IMPOSITION OF PENALTIES
Article 285. Mitigating and Aggravating Circumstances. Except for offenses punishable by dismissal from the service, the following may be appreciated either as mitigating or aggravating circumstances in the determination of the penalties to be imposed:
a. Physical illness;
b. Malice;
c.Time and place of offense;
d. Taking undue advantage of official position;
e. Taking undue advantage of subordinate;
f. Undue disclosure of confidential information;
g. Use of government property in the commission of the offense;
h. Habituality;
i. Offense is committed during office hours and within the premises of the office or building;
j. Employment of fraudulent means to commit or conceal the offense;
k. First offense;
l. Education;
m. Length of service; or
n.Other analogous circumstances.
In the appreciation thereof, the same must be invoked or pleaded by the respondent, otherwise, said circumstances will not be considered in the imposition of the proper penalty. The disciplining authority, however, in the interest of substantial justice, may take and consider these circumstances motu proprio.
Article 286. Manner of Imposition. When applicable, the imposition of the penalty shall be made in accordance with the manner provided herein below:
a. The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances are present;
b. The medium of the penalty shall be imposed where no mitigating and aggravating circumstances are present; and
c. The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstances are present.
Where aggravating and mitigating circumstance are present, paragraph [a] shall be applied when there are more mitigating circumstances present; paragraph [b] shall be applied when the circumstances equally offset each other; and paragraph [c] shall be applied when there are more aggravating circumstances.
Article 287. Medium Period of Divisible Penalty. The following divisible penalties shall have their medium range of penalty, to wit:
a. Penalty of suspension ranging from one (1) month and one (1) day to six (6) months shall have three (3) months as its medium penalty; and
b. Penalty of suspension ranging from six (6) months and one (1) day to one (1) year shall have nine (9) months as its medium penalty.
Article 288. Penalty for Multiple Offenses. If the respondent is found guilty of two (2) or more different offenses, the penalty to be imposed should be that corresponding to the most serious offense and the rest shall be considered as aggravating circumstances. In case the respondent is found guilty of two or more counts of the same offense, the penalty shall be imposed in the maximum regardless of the presence of any mitigating circumstance.
Article 289. Duration and Effect of Administrative Penalties. The following shall govern the imposition of administrative penalties:
a. The penalty of dismissal shall result in the permanent separation of the respondent from the service, without prejudice to criminal or civil liability;
b. The penalty of demotion shall result in diminution of salary corresponding to the next lower salary grade with the same salary step;
c. The penalty of suspension shall result in the temporary cessation of work for a period not exceeding one (1) year. Suspension of one day or more shall be considered a gap in the continuity of service. During the period of suspension, respondent shall not be entitled to all monetary benefits including leave credits;
d. The penalty of fine shall be in an amount not exceeding six (6) month salary of respondent. The computation thereof shall be based on the salary rate of the respondent when the decision becomes final and executory; and
e. The penalty of reprimand is an official rebuke against a person’s behavior which does not carry any accessory penalty or result in the temporary cessation of work. In the event the penalty of reprimand was imposed on appeal as a result of modification of the penalty of suspension or dismissal from service, the respondent shall be entitled to the payment of back wages and other benefits which would have accrued during the period of the suspension or dismissal.
Article 290. Accessory Penalties. The following are the accessory penalties in administrative cases:
a. The penalty of dismissal shall carry with it cancellation of eligibility; perpetual disqualification from holding public office; ban from taking civil service examinations; and forfeiture of retirement benefits. However, terminal leave benefits and personal contributions to Government Service Insurance System (GSIS), Retirement and Benefits Administration Service (RBAS) or other equivalent retirement benefits system shall not be subject to forfeiture.
b. The penalty of demotion shall carry with it disqualification from promotion for one (1) year.
c. The penalty of suspension shall carry with it disqualification from promotion corresponding to the period of suspension.
d. The penalty of fine shall carry with it disqualification from promotion for the same period the respondent is fined.
e. The penalty of reprimand shall not carry with it any accessory penalties.
f. A warning or admonition shall not be considered a penalty.
Article 291. Effects of Exoneration on Certain Penalties. The decision for exoneration shall have the following consequences:
a. In case the penalty imposed is fine, the same shall be refunded;
b. In case of demotion, the respondent shall be entitled to restoration of former salary grade with the same salary step and payment of salary differentials during the period the demotion was imposed;
c. In case the penalty imposed is suspension, the respondent shall immediately be reinstated to former post without loss of seniority rights and with payment of back wages and all benefits which would have accrued had the respondent not been illegally suspended;
d. In case the penalty imposed is dismissal, the respondent shall immediately be reinstated without loss of seniority rights and with payment of back wages and all benefits which would have accrued had the respondent not been illegally suspended;
e. The respondent who is exonerated on appeal shall be entitled to the leave credits for the period he/she had been out of the service.
Chapter XVI
SETTLEMENT IN ADMINISTRATIVE CASES
Article 292. When Applicable. In general, administrative cases are not subject to settlement. However, settlement of offenses may be considered in cases of light offenses where the act is purely personal on the part of the private complainant and the person complained of and there is no apparent injury committed to the government. However, no settlement is allowed for the second offense of the same act committed by the person complained of.
Article 293. Motu Proprio Determination of Applicability. Upon filing of the complaint, the disciplining authority or its authorized representative shall determine motu proprio whether the offense can be the subject of settlement. If it is in the affirmative, the person complained of shall be required to comment and indicate therein whether he/she is willing to submit the case for settlement. If he/she opts for settlement, the disciplining authority or its authorized representative shall issue an order requiring the appearance of the parties.
The person complained of may move for the settlement of the complaint at any time before the issuance of a formal charge.
Article 294.Compromise Agreement. If settlement between the parties succeeds, a compromise agreement shall be executed between the parties and attested by the disciplining authority. It shall be binding on the parties and cannot be impugned by them unless the appellate authority, upon proper motion or in a separate action, declared to be invalid as there was duress or fraud in its execution.
Article 295. Decision Based on a Compromise Agreement. After the execution of the compromise agreement, the disciplining authority shall render decision on the basis thereof specifying, among others, the terms or conditions agreed upon by the parties as well as the provisional dismissal of the complaint in proper cases. The case may be reopened for investigation in case of non-compliance with any of the agreed terms or conditions by the person complained of.
Article 296. When No Settlement is Reached. If efforts to reach a settlement between the parties fail, the disciplining authority or its authorized representative shall issue an order terminating the process and, thereafter, proceed with the investigation of the case.
Chapter XVII
BACK WAGES AND OTHER SIMILAR BENEFITS
Article 297. Who are Entitled. An illegally dismissed or suspended official or employee who is exonerated/reprimanded and ordered reinstated in the service, and a respondent placed under preventive suspension, whose order of suspension was declared by the higher authority as invalid, shall be entitled to payment of back wages and other similar benefits.
Article 298. What Are Included. The following are the benefits included in the scope of back wages:
a. Salaries from the time the official or employee was illegally dismissed/suspended up to the time of actual reinstatement;
b. Representation and Transportation Allowance (RATA) as provided under existing rules;
c. Personnel Economic Relief Allowance/Additional Compensation Allowance (PERA/ACA);
d. Restoration of Leave Credits;
e. Loyalty Award;
f. Anniversary Bonus;
g. 13th, 14th month Pay and Cash Gift;
h. Uniform/Clothing Allowance;
i. Performance-based Bonus; and
j. Other similar benefits given to regular employees by the ministry or office.
Article 299. Guidelines. The following are the guidelines on the payment of back wages and other similar benefits to an illegally dismissed or suspended employee:
a. The payment of back wages should be computed based on the rate of salary grade/job grade/pay level/pay grade of the respondent at the time of dismissal or suspension including the increases in salary, allowances and other emoluments that may occur during the period the employee was prevented from rendering service.
b. For entitlement to RATA, subject to existing rules and regulations, the requirement of actual performance of duty to an illegally dismissed or suspended respondent is dispensed with since it is unreasonable to expect or demand performance of his/her functions when the circumstances prevent one from doing so.
c. The restoration of leave credits shall be subject to annual deductions of five (5) days Forced Leave/Mandatory Leave as required under the Omnibus Rules on Leave.
d. For purposes of Loyalty Award given to all officials and employees in the government who have rendered at least ten (10) years of continuous service and satisfactory service in the government pursuant to CSC Memorandum Circular No. 6, series of 2002, the period under which the respondent was illegally dismissed or suspended should not be considered as a gap in the service.
e. Anniversary Bonus is given during milestone years. A milestone year refers to the 15th anniversary and every fifth year thereafter. Respondents who have been illegally dismissed or suspended during the milestone years shall be entitled to the payment of Anniversary Bonus.
f. The 13th/14th Month Pay plus Cash Gift under existing laws or as may be provided in the Annual Appropriations Law (AAL) shall be granted to each qualified official or employee which is equivalent to one (1) month basic salary.
g. Uniform or clothing allowance refers to the amount granted per year to each qualified official or employee as may be provided in the AAL.
h. Bonuses based on performance shall be given on the basis of the rating of the employee prior to one’s illegal dismissal or suspension from the service.
Article 300. Allowable Deductions. The payment of back wages shall be subject to withholding tax, GSIS Premium, PhilHealth and HDMF Fund contributions, and other monthly dues/deductions as may be validly imposed by the ministry or office under the law or rules. Payment of 13th/14th Month Pay, Cash Gift, Anniversary Bonus, and other additional bonus given by the ministry or office which exceeds the ceiling tax exemption shall also be subject to withholding tax.
TRANSITORY PROVISIONS
Article 301. Special Provision on Temporary Appointments for Mujahideen. Mujahideen may be hired as temporary appointees for first level plantilla positions (Salary Grades 9 and below) of the Bangsamoro Government regardless of the presence of applicants who are civil service eligibles. Provided that not more than thirty percent (30%) of the total number of first level plantilla positions of the Bangsamoro Government shall be allocated to them.
The appointments under this provision shall be for the period of transition of the Bangsamoro Government without need of renewal every twelve (12) months. However, if the appointee has possessed the required eligibility within that period, he shall be qualified for permanent appointment to said position subject to performance appraisal and without prejudice to the discretion of the appointing authority.
During the transition period, it shall be the responsibility of the central committees of the Moro Islamic Liberation Front (MILF) and the Moro National Liberation Front (MNLF) to determine the Mujahideen in the roster of their organic members who shall be considered for hiring under this provision. The hiring should be within the transition period.
Article 302. Provisions for More Stringent Standards. Nothing in this Code shall be construed to derogate from any law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official and employees.
Article 303. Revised Agency Merit Selection Plan.Agencies shall submit to the CSC-BARMM for approval of the revised Agency Merit Selection Plan in accordance with the 2017 Omnibus Rules on Appointments and Other Human Resource Action within six (6) months from date of the effectivity of said Code. The rules provided herein shall be used as bases in the issuance of appointments and attestation thereof should the agency fail to submit the revised Bangsamoro Merit Selection Plan within said period.
Article 304. Placement Process during Transition Period. The institution of a placement process for hiring of personnel during transition period including the constitution of interim Bangsamoro Placement and Selection Boards shall be based on the approved Transition Plan.
Article 305. Separability of Provisions. If any part, section or provision of this Code shall be held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby.
Article 306. Repealing Clause. All laws and issuances pertaining to civil service passed by the ARMM Regional Legislative Assembly are deemed repealed.
Article 307. Effectivity. This Code shall take effect after fifteen (15) days following its complete publication in at least one (1) newspaper of general circulation in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).