Administrative Code of 1987

Section 1

Every official and employee, except those who serve in an official honorary capacity, without service credit or pay, temporary laborers and casual or temporary and contractual workers, shall file under oath their statement of assets, liabilities and net worth and a disclosure of business interests and financial connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households, in the prescribed form, Annex A. (a) Contents of Statement (1) The Statement of Assets and Liabilities and Net Worth 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; and (d) All financial liabilities, both current and long-term. (2) The Disclosure of Business Interests and Financial Connections shall contain information on any existing interests in, or any existing connections with, any business enterprises or entities, whether as proprietor, investor, promoter, partner, shareholder, officer, managing director, executive, creditor, lawyer, legal consultant or adviser, financial or business consultant, accountant, auditor, and the like, the names and addresses of the business enterprises or entities, the dates when such interests or connections were established, and such other details as will show the nature of the interests or connections. (b) When to File The above documents under the Code must be filed: (1) within thirty (30) days after assumption of office, statements of which must be reckoned as of his first day of service; (2) on or before April 30 of every year thereafter, statements of which must be reckoned as of the end of the preceding year; or (3) within thirty (30) days after separation from the service, statements of which must be reckoned as of his last day of office. (c) Where to File The Statement of Assets, Liabilities and Network and the Disclosure of Business Interest and Financial Connections shall be filed by OFFICIALS AND EMPLOYEES at the Offices indicated opposite their positions: (d) Submission Of Sworn Statements. Officials and employees who are required to file their sworn statements with the civil service commission must accomplish the form (Annex A, revised, 1994) in triplicate and submit the original and duplicate copies to the administrative/personnel division/unit in their respective agencies not later than April 30. the chief of the administrative/personnel division/unit must then transmit on or before 30 June of every year, all original copies of the sworn statements they received arranged alphabetically and bound with a covering list of filers in alphabetical order to the: Office For Central Personal Records Civil Service Commission Constitution Hills, Batasan Complex Diliman, Quezon City. other offices may prescribe a different procedure for filing. (f) Married couples who are both public officials or employees may file the required statement jointly or separately. A joint statement shall be signed by both spouses and shall be filed in their respective offices. The attached revised form (Annex A, Revised 1994) * has been approved by the Civil Service Commission to be used by all concerned effective 1995. This form shall be reproduced back to back in one sheet of paper. The instructions previously printed at the back of the old form shall be reproduced separately for personal use of the individual filer. (Amendment to Rules Implementing R.A. No. 6713, Memorandum Circular No. 20-94, [May 31, 1994])

Section 1

The following constitute personnel actions: original appointment, appointment through certification, promotion, transfer, reinstatement, reemployment, detail, secondment, demotion and separation.

Section 2

Original appointment refers to initial entry into the career service under a permanent status of a person who meets all the requirements of the position including the civil service eligibility. (a) All such persons must serve a probationary period of six months following their original appointment and shall undergo a thorough character investigation. A probationer may be dropped from the service for unsatisfactory conduct or want of capacity any time before the expiration of the probationary period: Provided, That such action is appealable to the Commission. (b) All original appointments of qualified persons to positions in the career service shall henceforth be proposed as permanent. It is understood that the first six months of service will be probationary in nature. However, if no notice of termination or unsatisfactory conduct or want of capacity is given by the appointing authority to the employee before the expiration of the six-month probationary period, the appointment automatically becomes permanent.

Section 2

Every official or employee shall identify and disclose under oath to the best of his knowledge and information, his relatives in the government, up to the fourth civil degree of relationship, either of consanguinity or affinity, including bilas, inso and balae, in the prescribed form, Annex A, which shall be filed; (a) within thirty (30) days after assumption of office, the information contained therein must be reckoned as of his first day of office; (b) on or before April 30 of every year thereafter, the information contained therein must be reckoned as of the end of the preceding year; or (c) within thirty (30) days after separation from the service, the information contained therein must be reckoned as of his last day of office.

Section 3

An appointment through certification to a position in the civil service, except as herein otherwise provided, shall be issued to a person who has been selected from a list of qualified persons certified by the Commission from an appropriate register of eligibles, and who meets all the other requirements of the position.

Section 3

(a) Any and all statements filed in accordance with the preceding sections shall be made available for public inspection at reasonable hours. (b) 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 unless extended for meritorious reasons. (c) Any duly authorized person requesting a copy of a statement shall be required to pay a reasonable fee as may be determined and prescribed by the Civil Service Commission to cover the cost of reproduction and mailing of such statement, as well as the cost of certification. (d) Any statement filed under the Code shall be available to the public, subject to the foregoing limitations, for a period of ten (10) years after receipt of the statement. The statement may be destroyed after such period unless needed in an ongoing investigation.

Section 4

Promotions shall be governed by Rule VI hereof.

Section 5

A transfer is a movement from one position to another which is of equivalent rank, level or salary without break in service involving the issuance of an appointment. The transfer may be from one department or agency to another or from one organizational unit to another in the same department or agency: Provided, however, That any movement from the non-career service to the career service shall not be considered a transfer. Transfer shall not be considered disciplinary when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefor. If the employee believes that there is no justification for the transfer, he may appeal his case to the Commission. Heads of oversight agencies and their staff are prohibited from transferring or being appointed to any position in the department/agency/office/local government unit which his unit is assigned or designated to oversee within one year after the termination of such assignment/designation. The prohibition contemplates only transfer of officials of those offices/units who are in a position to exert pressure or influence on the new or accepting agency but not to cover those occupying clerical and skilled positions such as clerks and drivers. An employee who seeks appointment by transfer or promotion to another office shall first secure permission from the head of the department or agency where he is employed. The permission to seek transfer to another office shall be valid for 30 days from the date it was granted but it may be renewed for another thirty 30 days upon request of the employee. A head of department or agency shall not propose or make an appointment for the transfer or promotion of an employee to his department or agency until the written consent of the head of department or agency where the employee is employed has been obtained.

Section 6

Reinstatement is the reappointment of a person who has been previously appointed to a position in the career service and who has, through no delinquency or misconduct, been separated therefrom or the restoration of one who has been exonerated of the administrative charges filed against him.

Section 7

Reemployment is the reappointment of a person who has been previously appointed to a position in the career service but who has been separated as a result of reduction in force, reorganization and/or voluntary resignation. No elective official shall be eligible for appointment to any office or position during his tenure of office. A person who lost in an election shall not be eligible for appointment or reappointment to any office in the government or government-owned or controlled corporation within one year following such election. A person who resigned from the civil service during the three-month period before any election, whether national or local, to promote the candidacy of another, shall not be eligible for reappointment during the six-month period following such election.

Section 8

A detail is the movement of an employee from one department or agency to another which is temporary in nature, which does not involve a reduction in rank, status or salary and does not require the issuance of another appointment. The employee detailed receives his salary only from his mother unit/agency. Detail shall be allowed only for a limited period in the case of employees occupying professional, technical and scientific position. If the employee believes that there is no justification for the detail, he may appeal his case to the Commission. Pending the appeal, the decision to detail the employee shall be executory unless otherwise ordered by the Commission.

Section 9

Secondment is a movement of an employee from one department or agency to another which is temporary in nature and which may or may not require the issuance of an appointment but may either involve reduction or increase in compensation. Secondment shall be governed by the following general guidelines: (a) Secondment for a period exceeding one year shall be subject to approval by the Commission. (b) Secondment to international bodies/organizations recognized by the Philippine government may be allowed. (c) Secondment shall always be covered by a written agreement between the mother agency and the receiving agency and concurred in by the employee seconded. Such agreement shall be submitted to the Commission for records purposes. (d) Payment of salaries of seconded employee shall be borne by the receiving agency. In case of a higher compensation covered by a duly issued appointment within the Philippine government, the same may be used for the purpose of computing his retirement benefits but not for the purpose of commutation of leave credits earned in the mother agency. In case of a lower compensation, the mother agency shall pay the difference. This rule does not apply in cases of secondment to international agencies. (e) The seconded employee shall be on leave without pay in his mother agency for the duration of his secondment, and during such period, he may earn leave credits which are commutable immediately thereafter at and payable by the receiving agency.

Section 10

A reassignment is the movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment.

Section 11

A demotion is the movement from one position to another involving the issuance of an appointment with diminution in duties, responsibilities, status or rank which may or may not involve reduction in salary.

Section 12

Separation is a voluntary or involuntary termination of employment.

Section 13

* Appeals in connection with personnel actions shall be governed by the following: (a) A decision, ruling, order or action of any department or agency, the Merit Systems Protection Board, or CS Regional/Provincial/Field Office (CSRO/PO/FO), may be appealed within 15 days from receipt of such decision, ruling, order and in the following manner: (1) Decision of CSPO is appealable to CSRO (2) Decision of CSFO is appealable to CSRO (3) Decision of department/agency is appealable to MSPB (4) Decision of CSRO is appealable to CSC (5) Decision of MSPB is appealable to CSC (b) The appellant shall furnish a copy of his appeal to the MSPB or the body which decision is being appealed. (c) The appeal is deemed filed in case the same is sent by registered mail, on the date shown by the postmark or the envelope which shall be attached to the record of the case, and in case of personal delivery, on the date stamped by the Civil Service Commission. (d) An appeal even seasonably filed shall not stay the action, order, decision or ruling of the MSPB or CSC Regional/Provincial/Field Office, as the case may be, on appeal except otherwise ordered by the CSC. When the appeal cannot be judiciously decided on the bases of available records, the Commission may require the head of the Department or agency concerned, or any party to comment on the appeal. (e) An appeal shall be dismissed outright on any of the following grounds: (1) The appellant is not a party directly affected or adversely affected by the decision, order, ruling or action of MSPB or CSRO/PO/FO; (2) The appeal does not conform with the required form such as when it is a mere telegram or radio message; (3) The appeal is filed beyond the reglementary period; (4) No appeal fee is paid. The CSC shall decide the merits of the appeal within 60 days from receipt of the appeal and the complete records of the case.