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Composition: 1) Chairman

2) Commissioners – 2 commissioners Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of their appointments; 3) With proven capacity for public administration; and

4) NOT candidates for any elective position in the elections immediately preceding their appointment.

5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation

Term:

1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs 2) Limitation: single term only, no reappointment

3) Appointment to vacancy: only for unexpired term of predecessor 4) No temporary appointments, or appointments in acting capacity.

Section 2. Scope:

The Civil Service embraces all: A. branches,

B. subdivisions, C. instrumentalities,

D. agencies of the government,

E. including GOCCs with original charters.

1."With Original Charter" means that the GOCC was created by special law/by Congress

2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not subject to the CSC jurisdiction.

3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC.

4. Jurisdiction is determined as of the time of filing the complaint. Appointments to civil service shall be:

A. Competitive positions

 According to merit and fitness to be determined by competitive examinations, as far as practicable except to positions which are policy-determining, primarily confidential, or highly technical.

B. Non-competitive positions

1). No need for competitive examinations. 2). 3 kinds

a) Policy-determining - formulate a method of action for the gov't b) Primarily confidential - more than ordinary confidence; close

intimacy insures freedom of intercourse without betrayals of personal trust...

c) Highly technical - requires technical skill to a superior degree. C. The TEST to determine whether non/competitive is the Nature of the responsibilities,

NOT the administrative or legislative description given to it.

D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled.

E. Who may be appointed:

1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein.

2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified.

3). The CSC CANNOT add qualifications other than those provided by law. F. Next-In-Rank Rule

 While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one else, can be appointed. Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank.

Tenure (Classification of Positions)

Career Service Non-Career Service

1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications.

1. Entrance on bases OTHER than usual tests of merit and fitness.

2. Entitled to security of tenure 2. Tenure limited to:

a) Period specified by law,

b) Coterminous with the appointing authority or subject to his pleasure, or

c) Limited to the duration of a

particular project for which purpose the employment was made.

3. With opportunity for advancement to higher career positions.

Security of Tenure:

1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. It guarantees both procedural and substantive due process.

2) For "LEGAL CAUSE" - Cause is:

a). related to and affects the administration of office, and

b). must be substantial (directly affects the rights & interests of the public) 3) Security of tenure for Non-competitive positions

a). Primarily confidential officers and employees hold office only for so long as confidence in them remains.

b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of office

c). Non-career service officers and employees do not enjoy security of tenure. d). Political appointees in the foreign service possess tenure coterminous with

that of the appointing authority or subject to his pleasure.

4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not acquire security of tenure. Abolition of Office

To be valid, abolition must be made:

(a) In good faith; (good faith is presumed) (b) Not for political or personal reasons; and (c) Not in violation of law.

Temporary employees are covered by the following rules:

1). Not protected by security of tenure - can be removed anytime even without cause 2). If they are separated, this is considered an expiration of his term.

3). BUT: They can only be removed by the one who appointed them. 4). Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity

1) Cannot solicit votes in favor of a particular candidate.

2) Cannot give campaign contributions or distribute campaign materials.

3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he supports.

4) Prohibition does not apply to department secretaries Right to organize

The right to organize does NOT include the right to strike Sections 6-7. DISQUALIFICATIONS

Disqualifications

1) Losing candidates in any election

a). Cannot be appointed to any office in the government or GOCC's or their subsidiaries

b). Period of disqualification: One (1) year after such election. 2) Elective officials

a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure.

b). EXCEPTION: May hold ex officio positions.  Examples:

 The Vice President may be appointed Cabinet member  Congressman may sit in the Judicial and Bar Council

c). To be eligible to hold any other office, the elected official must first resign his office

d). Even Congress cannot, by law, authorize the appointment of an elective official.

3). Appointive officials

a). Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality, including GOCC's and their subsidiaries.

b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position.

c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions contained therein.

Section 8. COMPENSATION

1) Prohibitions: applies to elected or appointed officers and employees Cannot receive:

A. Additional - an extra reward given for the same office i.e. bonus

B. Double - when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer

C. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law

A. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned.

B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited

3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the consent of Congress.

4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.

THE COMMISSION ON ELECTIONS