AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO THOUSAND TWO HUNDRED AND SIXTY

Case Overview and Summary

Summary of Republic Act No. 6040 (An Act to Amend Certain Sections of Republic Act No. 2260, known as the "Civil Service Act of 1959"):

Positions Embraced in the Civil Service (Section 1):
- The Philippine Civil Service covers all branches, subdivisions, and instrumentalities of the government, including government-owned or controlled corporations.
- Appointments shall be made based on merit and fitness, determined by competitive examination, except for positions that are policy-determining, primarily confidential, or highly technical in nature.
- Positions in the civil service are categorized into competitive service, non-competitive service, and exempt service.

The Competitive Service (Section 2):
- The competitive service includes positions for which prior qualification or successful passing of an appropriate examination is required.

The Non-Competitive Service (Section 3):
- The non-competitive service consists of positions declared by law to be in the non-competitive service and those that are policy-determining, primarily confidential, or highly technical in nature.
- Specific officers and employees included in the non-competitive service are listed, such as those appointed by the President with the consent of the Commission on Appointments, secretarial and office staff of high-ranking officials, faculty and academic personnel of government colleges, permanent laborers, and others.

The Exempt Service (Section 4):
- The exempt service consists of elective officers, members of the commissioned and enlisted service of the Armed Forces, and persons employed on a contract basis not exceeding one year (renewable up to four continuous years), as well as temporary, emergency, or casual laborers in government-owned or controlled corporations primarily performing proprietary functions with collective bargaining agreements.

Civil Service Commission (Section 5):
- Establishes the Civil Service Commission, headed by the Commissioner of Civil Service, who is appointed by the President with the consent of the Commission on Appointments for a term of nine years.
- Qualifications and responsibilities of the Commissioner and Deputy Commissioner are specified.
- Establishes a Legal Affairs Department within the Commission to assist the Commissioner in quasi-judicial and legal functions.
- Specifies the positions and salaries of the Legal Affairs Department staff.

Regional Offices (Section 6):
- Authorizes the Commissioner to establish regional offices of the Civil Service Commission in specified cities and other places as needed.
- Outlines the functions and responsibilities of the heads of regional offices and their staff.
- Provides for the appointment of civil service attorneys and stenographers in each province and city to conduct investigations, approve appointments, and perform other duties delegated by the Commissioner.

Functions of the Commission on Civil Service (Section 8):
- Lists the functions of the Commission, including advising the President on personnel management, enforcing the merit system, supervising civil service examinations, making reports and recommendations, prescribing rules and regulations, conducting investigations, issuing subpoenas, noting and recording appointments and promotions, deciding administrative cases, hearing appeals, and performing other central personnel agency functions.

Recruitment and Selection of Employees (Section 9):
- Outlines the process for recruitment and selection of employees in the competitive and non-competitive services.
- Specifies the preference for promotion of qualified employees within the same office for vacant positions in the competitive service.
- Provides for the appointment of persons with appropriate civil service eligibility, with exceptions for temporary appointments in urgent cases or when no eligibles are available.
- Allows for the dispensation of examination requirements for appointments of cultural minorities within their respective provinces for a period of ten years, subject to certain conditions.
- Requires the release of civil service examination results within one year.

Personnel Actions and Employment Status (Section 10):
- Defines personnel actions, including appointment, promotion, transfer, demotion, separation, and reinstatement.
- Outlines the requirements for permanent and temporary appointments, as well as the probationary period for permanent appointments.
- Specifies the effectivity of appointments without prior approval from the Commission, subject to the Commission's authority to disapprove.
- Requires reporting of other personnel actions to the Commission.
- Prohibits persons appointed to the non-competitive service from performing duties of the competitive service.
- Provides for reduction in force based on relative fitness, efficiency, and length of service.
- Limits the holding of multiple full-time positions in the government, with exceptions.

Disciplinary Action (Section 11):
- Prohibits the removal or suspension of civil service officers or employees except for cause and after due process.
- Allows for transfers without reduction in rank or salary in the interest of public service, subject to appeal by the employee.
- Prohibits transfers or details within three months before any local or national election, and limits details to three months without the employee's consent.
- Requires complaints against civil service officials or employees to be in writing and sworn to by the complainant.
- Entitles the respondent to a formal investigation, with the right to appear and defend themselves, confront and cross-examine witnesses, and have the attendance of witnesses and production of documents.

Administrative Jurisdiction for Disciplining Officers and Employees (Section 12):
- Grants the Commissioner the authority to remove, demote, suspend without pay for up to one year, or fine subordinate officers or employees for specified offenses.
- Gives heads of departments, agencies, instrumentalities, provinces, and chartered cities original jurisdiction to investigate and decide on disciplinary matters, with certain limitations on the penalties they can impose.
- Requires like penalties for like offenses and only one penalty per case.

Prescriptive Period for Appeals (Section 13):
- Allows parties adversely affected by the Commissioner's decisions to appeal to the Civil Service Board of Appeals within 30 days of receiving the decision.
- Limits the filing of petitions for reconsideration to one, which must be filed within the period for appeal and suspends the running of the appeal period.
- Requires the appealing party to inform the Commissioner of the dates mentioned in this provision.

Removal of Administrative Penalties or Disabilities (Section 14):
- Authorizes the President, upon recommendation of the Civil Service Board of Appeals, to commute or remove administrative penalties or disabilities imposed by final decision in meritorious cases, subject to terms and conditions in the interest of the service.

Examination Fees (Section 15):
- Allows the Commissioner to prescribe an equitable schedule of fees for admission to civil service examinations, not exceeding two pesos per candidate.
- Entitles applicants whose applications are disapproved to a refund of the examination fees.
- Establishes a special fund for the Commission from the examination fees to be used for expenses related to conducting civil service examinations.

Liability of Appointing Authority (Section 16):
- Holds any person responsible for an appointment in violation of this Act personally liable to reimburse the government for all salaries paid to the appointee, to be deducted from their salary and any amount due from the government.

Other Provisions:
- Clarifies the references to the Commissioner of Civil Service and the phrases "competitive or classified service" and "non-competitive or unclassified service" (Section 17).
- Repeals or modifies inconsistent provisions of Republic Act No. 2260 and other Acts, rules, or regulations (Section 18).
- Appropriates funds from the savings, special funds, and surplus income of the Civil Service Commission to carry out the provisions of this Act (Section 19).
- Provides for the effective date of the Act and the preservation of vested rights or privileges acquired under prior laws, rules, and regulations (Section 20).