AN ACT DECLARING AS UNLAWFUL ANY FORM OF CHEATING IN CIVIL EXAMINATIONS

Case Overview and Summary

Summary of Republic Act No. 9416

Statement of Policy (Section 1):
- Declares the policy to ensure honesty, integrity, and merit in entering public service.
- Declares any form of cheating in civil service examinations as illegal and unlawful.
- Includes acts before, during, and after examinations.
- Possession and use of examination materials are considered cheating.

Civil Service Commission Jurisdiction (Section 2):
- The Civil Service Commission (CSC) has exclusive jurisdiction to investigate and decide over cheating cases.
- Jurisdiction covers government employees and private individuals.

Definition of Terms (Section 3):
- Civil Service Examination: Examinations administered by CSC or other agencies with CSC assistance.
- Cheating: Acts undermining examination integrity, including:
    - Impersonation (Section 3(b)(1))
    - Using "codigo" or crib sheets (Section 3(b)(2))
    - Employing a "poste" or person providing answers (Section 3(b)(3))
    - Tampering with examination records (Section 3(b)(4))
    - Collusion between examinees and personnel (Section 3(b)(5))
    - Examinee number switching (Section 3(b)(6))
    - Possession and use of fake certificate of eligibility (Section 3(b)(7))
    - Other acts facilitating passing, including by review centers (Section 3(b)(8))
- Cheats: Persons or review centers committing cheating acts.
- Examination-related material: Materials used by CSC or agencies in examinations.
- Private Individuals: Non-government employees or former government employees.
- Review Center: Entities providing tutorials, review classes, or test preparation.

Statistically Improbable Results (Section 4):
- Statistically improbable examination results are prima facie evidence of cheating.

Unauthorized Possession and Use of Materials (Section 5):
- Unauthorized possession, use, reproduction, or dissemination of examination materials is considered cheating.

Powers and Functions of CSC (Section 6):
- Exclusive jurisdiction over administrative cases involving examination irregularities.
- Investigate and prosecute cheating cases by private individuals or groups.
- Request assistance and information from government agencies.
- Issue subpoenas and punish for contempt.
- Review examination systems and procedures.

Immunity (Section 7):
- CSC may grant immunity from prosecution to witnesses.

Penalties (Section 8):
- Imprisonment of not less than 6 years and 1 day but not more than 12 years.
- Fine of not less than Fifty Thousand Pesos (P50,000.00).
- For government employees: dismissal, forfeiture of benefits, cancellation of eligibility, bar from examinations, and disqualification from government service.
- For non-government employees: disqualification from examinations and government service.
- For review centers: revocation of license/permit to operate.

Administrative Liability (Section 9):
- Government employees found liable will be dismissed for serious dishonesty and grave misconduct.
- Non-government employees found liable will be barred from government service and examinations.

Implementing Rules and Regulations (Section 10):
- CSC shall promulgate rules and regulations to implement the Act.

Repealing Clause (Section 11):
- Inconsistent laws, orders, and regulations are repealed or amended.

Effectivity (Section 12):
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.