Prescribing Rules And Regulations For The Implementation Of Section 2, Article Iii Of The Freedom Constitution

Case Overview and Summary

Summary of Executive Order No. 17

Prescribing Rules and Regulations for the Implementation of Section 2, Article III of the Freedom Constitution

I. Separation or Replacement of Officials and Employees (Sec. 1)
- Ministry Heads shall ensure separation or replacement is made only for justifiable reasons.
- Agencies, instrumentalities, government-owned or controlled corporations, constitutional commissions, and state colleges and universities shall be considered a ministry.
- Each ministry shall adopt its own rules and procedures for review and assessment of personnel, including identification of sensitive positions, and complete the review by February 24, 1987.

II. Notice of Separation and Grounds (Sec. 2, 3)
- Ministry Head shall determine who shall be separated from service based on review and assessment.
- Notice of separation shall be issued, indicating reason(s) or ground(s) and right to file petition for reconsideration.
- Grounds for separation/replacement:
    1. Existence of case for summary dismissal pursuant to Section 40 of the Civil Service Law. (Sec. 3.1)
    2. Existence of probable cause for violation of the Anti-Graft and Corrupt Practices Act as determined by Ministry Head. (Sec. 3.2)
    3. Gross incompetence or inefficiency in discharge of functions. (Sec. 3.3)
    4. Misuse of public office for partisan political purposes. (Sec. 3.4)
    5. Any other analogous ground showing incumbent is unfit or separation is in the interest of the service. (Sec. 3.5)

III. Prohibition on Restraining Orders and Preliminary Injunctions (Sec. 4)
- No court shall issue any restraining order or writ of preliminary injunction to enjoin the separation/replacement.

IV. Committee on Petitions for Reconsideration (Sec. 5, 6, 7, 8)
- A Committee is created to act on petitions for reconsideration filed by separated officials or employees.
- Committee composition: Minister of Justice (Chairman), Executive Secretary, Minister of the Budget, Minister for Government Reorganization, Chairman of the Civil Service Commission, and Chairman of the Commission on Audit or their representatives.
- Petition for reconsideration may be filed within 10 days from receipt of notice of separation or within 10 days from publication of the Order for those already separated.
- Committee shall adopt rules of procedure, and proceedings shall be summary in nature.
- Decision of Ministry Head shall be final if not reversed or modified by the Committee within 30 days from receipt of petition.
- No permanent appointment shall be issued to replace an incumbent until expiration of 30-day period or denial of petition.
- Decision of the Committee shall be final, and no request for reconsideration shall be entertained.

V. Reinstatement and Appointment (Sec. 9, 10)
- If separation is reversed, petitioner shall be reinstated to former position or appointed to a position of comparable rank and salary, and considered on vacation leave without pay during the time out of service.
- Appointment/designations of ministry or bureau assistant regional directors and officials of equivalent or lower rank shall be made by the Minister concerned.

VI. Exclusions (Sec. 11)
- This Order shall not apply to elective officials or those designated to replace them, presidential appointees, casual and contractual employees, or officials and employees removed pursuant to disciplinary proceedings under the Civil Service Law and rules, and those laid off due to reorganization under Executive Order No. 5.

VII. Allotment for Implementation (Sec. 12)
- Five Hundred Thousand Pesos (P500,000.00) is allotted from the Special Activities Fund for the effective implementation of this Order.

VIII. Effectivity (Sec. 13)
- This Executive Order shall take effect immediately.