AN ACT TO PROTECT THE SECURITY OF TENURE OF CIVIL SERVICE OFFICERS AND EMPLOYEES IN THE IMPLEMENTATION OF GOVERNMENT REORGANIZATION

Case Overview and Summary

Summary of Republic Act No. 6656

Policy and Purpose (Section 1):
- Declares the policy to protect the security of tenure of civil service officers and employees during government reorganization, without sacrificing efficiency.

Valid Causes for Removal (Section 2):
- An officer or employee can only be removed for a valid cause, such as:
    - Position abolished or rendered redundant due to reorganization.
    - Need to merge, divide, or consolidate positions.
    - Other lawful causes allowed by the Civil Service Law.
- Circumstances that may indicate bad faith in removals:
    - Significant increase in positions in the new staffing pattern. (Section 2a)
    - An office is abolished, but another performing the same functions is created. (Section 2b)
    - Incumbents are replaced by less qualified individuals. (Section 2c)
    - Reclassification of offices performing substantially the same functions. (Section 2d)
    - Violation of the order of separation provided in Section 3. (Section 2e)

Order of Separation (Section 3):
- Casual employees with less than 5 years of service.
- Casual employees with 5 years or more of service.
- Employees holding temporary appointments.
- Employees holding permanent appointments (least qualified in terms of performance and merit, regardless of length of service).

Preference for Appointment (Sections 4 and 5):
- Permanent employees shall be given preference for appointment to new positions comparable to their former position or next lower in rank.
- No new employees shall be hired until all permanent, temporary, and casual employees who meet the qualifications have been appointed, unless the positions are policy-determining, primarily confidential, or highly technical.
- Permanent employees shall be given preference for appointment in other agencies if they meet the qualifications.

Placement Committee (Section 6):
- A Placement Committee shall be created in each department or agency to select and place personnel during reorganization.
- The Committee shall consist of:
    - Two members appointed by the head of the department or agency.
    - A representative of the appointing authority.
    - Two members elected by employees holding first and second level career service positions.
    - A representative of the registered employee association with a majority of members (if applicable).
- The approved staffing pattern shall be made known to all officers and employees, who shall be invited to apply for positions.

Appeals Process (Sections 7 and 8):
- A list of personnel appointed to the approved staffing pattern shall be made known.
- Aggrieved officers and employees may file an appeal with the appointing authority within 30 days.
- If still unsatisfied, they may further appeal to the Civil Service Commission within 10 days, whose decision shall be final and executory.

Reinstatement, Separation Pay, and Benefits (Section 9):
- Officers and employees found by the Civil Service Commission to have been separated in violation of this Act shall be reinstated or reappointed without loss of seniority and shall receive full pay for the period of separation.
- Those separated pursuant to reorganization shall be paid appropriate separation pay and retirement benefits within 90 days, unless separated for cause.
- Those not entitled to benefits shall receive a separation gratuity equivalent to one month's salary for every year of service.
- Separation pay and retirement benefits shall have priority of payment from the savings of the department or agency.

Penalties (Section 10):
- Heads of departments, agencies, or offices who willfully violate any provision of this Act, including failure to abide by Civil Service Commission rules or reinstatement orders, shall be punished by:
    - A fine not exceeding ₱10,000.00, or
    - Imprisonment of 3 to 5 years, or
    - Both fine and imprisonment, and
    - Permanent disqualification from holding public office.

Implementation Timeline (Section 11):
- The executive branch shall implement reorganization schemes within the specified period authorized by law.
- For the 1987 reorganization, departments and agencies authorized by executive orders shall have 90 days from the approval of this Act to implement their reorganization plans in accordance with this Act.

Rules and Regulations (Section 12):
- The Civil Service Commission shall promulgate the necessary rules and regulations to implement this Act.

Repealing Clause and Retroactive Application (Sections 13 and 14):
- All laws, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
- The rights and benefits under this Act shall be retroactive as of June 30, 1987.

Effectivity (Section 15):
- This Act shall take effect 15 days from the date of its publication in at least two newspapers of general circulation.