EXECUTIVE ORDER NO. 67
EXECUTIVE ORDER NO. 67 -
REORGANIZING THE CIVIL SERVICE COMMISSION
WHEREAS,
the President, under Proclamation No. 3 dated March 25, 1986 shall give
priority to measure to achieve the mandate of their people to
completely reorganize the government;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order:
Section 1. Title. — This Executive Order shall be
known and cited as the “Reorganization Act of the Civil Service
Commission.”
Sec. 2. Reorganization. — The Civil Service
Commission, an independent constitutional body, hereinafter referred to
as the Commission, is hereby reorganized, structurally and functionally.
Sec. 3. The Commission and its Composition. — The
Commission shall be composed of a Chairman President and (2)
Commissioners to be appointed by the President for a term of seven (7)
years in accordance with the Constitution, without reappointment.
Appointment to any vacancy shall only be for the unexpired portion of
the term of the predecessor.
Sec. 4. Powers and Functions. — The Commission
shall have the following powers and functions:
(a)
Administer and enforce the Constitutional and statutory provisions on
the merit system for all levels and ranks in the Civil Service;
(b) Prescribe,
amend and enforce rules and regulations for carrying into effect the
provisions of this Executive Order, the Civil Service Law, and other
pertinent laws;
(c) Promulgate
policies, standards and guidelines for the Civil Service and adopt
plans and programs to promote economical, efficient and effective
personnel administration in the government;
(d) Formulate
policies and regulations for the administration, maintenance and
implementation of position classification and compensation, and set
standards for the establishment, allocation and re-allocation or pay
scales, classes and position;
(e) Render
opinions and rulings on all personnel and other Civil Service matters
which shall be binding on all heads of ministries, offices and agencies;
(f) Appoint
and discipline its officers and employees in accordance with law and
exercise control and supervision over its activities;
(g) Control,
supervise and coordination Civil Service examination. Any entity or
official in government may be called upon by the Commission to assist
in the preparation and conduct of the said examinations including the
provision of security, the use of buildings, facilities, personnel and
mode of transportation of examination materials. Examination materials
shall be exempt from inspection regulations;
(h) Prescribe
all forms for Civil Service examinations, appointments, reports and
such other forms as may be required by law, rules and regulations;
(i) Declare
positions in the Civil Service primarily confidential, highly technical
or policy determining, as may be proper;
(j) Formulate,
administer and evaluate programs relative to the development retention
of qualified and competent work force in the public service;
(k) Hear and
decide administrative cases instituted by or brought before it directly
or on appeal, including contested appointments, and review decisions
and actions of its offices and of the agencies attached to it.
Officials and employees who fail to comply with such decisions, orders,
or rulings shall be liable for contempt of the Commission. Its
decisions, orders, or rulings shall be final and executory. Such
decisions, orders, or rulings may be brought to the Supreme Court on
certiorari by the aggrieved party within thirty (30) days from receipt
of a copy thereof;
(l) Issue
subpoena and subpoena duces tecum for the production of documents and
records pertinent to investigations and inquires conducted by it in
accordance with its authority conferred by the Constitution, this
Executive Order, pertinent laws, proclamations and other issuances of
the President;
(m) Advise the
President on all matters involving personnel management in the
government service and submit to the President an annual report on its
personnel programs;
(n) Take
appropriate actions on all appointments and other personnel matters in
the Civil Service including extension of service beyond retirement age;
(o) Delegate
authority for the performance of any function to ministries, agencies
and offices where such function may be effectively performed;
(p) Inspect
and audit the personnel actions programs of the ministries, agencies,
bureaus, offices, local government units and other instrumentalities of
the government, including government-owned and/or controlled
corporations; conduct periodic review of the decisions and actions of
the offices or officers to whom authority has been delegated by the
Commission as well as the conduct of the officers and employees in
these offices and apply appropriate sanctions whenever necessary;
(q) Administer
the retirement program for government officers and employees, and
accredit government services and evaluate qualifications for retirement;
(r) Keep and
maintain personnel records of all officers and employees in the Civil
Service; and
(s) Perform
all functions properly belonging to a central personnel agency and such
other functions as may be provided by law.
Sec. 5. Duties and Responsibilities of the
Chairman. — Subject to the policies and rules adopted by the
Commission, the Chairman shall:
(a)
Direct all operations of the Commission;
(b) Establish
procedures for the effective operations of the Commission;
(c) Transmit
to the President rules and regulations, and other guidelines adopted by
the Commission which require Presidential attention including annual
and other periodic reports;
(d) Issue
appointments to, and enforce decisions on administrative discipline
involving officers and employees of Commission;
(e) Delegate
authority for the performance of any function to the officers and
employees of the Commission;
(f) Approve
and submit the annual and supplemental budget of the Commission; and
(g) Perform
such other functions as may be provided by law.
Sec. 6. Duties and Responsibilities of the Members
of the Commission. — Jointly with the Chairman, the two (2)
Commissioners shall be responsible for the effective exercise of the
rule-making and adjudicative functions of the Commission. They shall
likewise perform such functions as may be delegated by the Commission.
In case of the absence of the Chairman owing to illness or other cause,
the senior member shall perform the functions of the Chairman.
Sec. 7. Offices in the Commission. — The
Commission shall have the following Offices which shall be headed,
except as otherwise provided herein, by a Director and assisted by at
least one (1) Assistant Director.
a.
The Offices in the Executive Director. — This Office shall be headed by
an Executive Director who shall be assisted by a Deputy Executive
Director. It shall implement the policies, standards, rules and
regulations promulgated by the Commission; coordinate the programs of
the Offices therein; render periodic reports on the operations thereof;
and perform such other functions as may be assigned thereto.
b. The Merit
System Protection Board. — It shall be composed of a Chairman and two
(2) members. It shall have the following functions:
(1)
Hear and decide on appeal administrative cases involving officers and
employees of the Civil Service. Its decision shall be final except
those involving dismissal or separation from the service which may be
appealed to the Commission;
(2) Hear and
decide cases brought before it on appeal by officers and employees who
feel aggrieved by the determination of appointing authorities involving
personnel actions and the Board shall be final except those involving
division chiefs or officers of higher ranks which may be appealed
to the commission;
(3) Directly
take cognizance of complaints affecting the functions of the
Commission, those which are unacted upon by the agencies, and such
other complaints which require direct action of the Board in the
interest of justice;
(4) Administer
oaths, issue subpoena and subpoena duces tecum, take testimony in any
investigation or inquiry, punish for contempt in accordance with the
same procedures and penalties prescribed in the Rules of Court; and
(5) Promulgate
rules and regulations to carry out of the functions of the Board
subject to the approval of the Commission.
c.
The Office of Legal Affairs. — It shall provide the Commission with
legal advice and assistance, render counselling services,
undertake legal studies and researches; prepare opinions and rulings in
the interpretation and application of the Civil Service Law, rules and
regulations, prosecute violators of such laws, rules and regulations;
and represent the Commission before any Court or tribunal.
d. The Office
of Planning Management. — It shall formulate development plans,
programs and projects; undertake research and studies on the different
aspects of public personnel management; administer management
improvement programs; and provide fiscal and budgetary services.
e. The Central
Administrative Office. — It shall provide the Commission with
personnel, financial, logistics and other basic support services.
f. The Office
of Central Personnel Records. — It shall formulate and implement
policies, standards, rules and regulations pertaining to personnel
records maintenance, security, control and disposal; provide storage
and extension services; and provide and maintain extension services;
and provide and maintain library services.
g. The Office
of Position Classification and Compensation. — It shall formulate and
implement policies, standards, rules and regulations relative to the
administration of position classification and compensation.
h. The Office
of Recruitment, Examination and Placement. — It shall provide
leadership and assistance in developing and implementing the overall
Commission programs relating to recruitment, examination and placement,
and formulate policies, standards, rules and regulations for the proper
implementation of the Commission’s examination and placement programs.
i. The Office
of Career Systems and Standards. — It shall provide leadership and
assistance in the formulation and evaluation of personnel systems and
standards relative to performance appraisal, merit promotion, and
employee incentive benefits and awards.
j. The Office
of Human Resource Development. — It shall provide leadership and
assistance in the development and retention of qualified and efficient
work force in the Civil Service, formulate standards for training and
staff development; administer servicewide scholarship programs; develop
training literature and materials; coordinate and integrate all
training activities and evaluate training programs.
k. The Office
of Personnel Inspection and Audit. — It shall develop policies,
standards, rules and regulations for the effective conduct of
inspection and audit of personnel and personnel management programs and
the exercise of delegated authority; provide technical and advisory
service to Civil Service Regional Offices and government agencies in
the implementation of their personnel programs and evaluation
systems.
l. The Office
of Personnel Relations. — It shall provide leadership and assistance in
the development and implementation of policies, standards, rules and
regulations in the accreditation of employee associations of
organizations and in the adjustment and settlement of employee
grievances and management-employee disputes.
m. The Office
of Corporate Affairs. — It shall formulate and implement policies
standards, rules and regulations governing corporate officers and
employeesn the areas of recruitment, examination, placement, career
development merit and awards systems, position classification and
compensation, performance appraisal, employee welfare and benefits,
discipline and other aspects of personnel management on the basis of
comparable industry practices.
n. The Office
of Retirement Administration. — It shall be responsible for the
enforcement of the Constitutional statutory provisions relative to
retirement, and the regulations for the effective implementation of the
retirement of government officers and employees.
o. The
Regional and Field Offices. — The Commission shall have not less than
thirteen (13) Regional Offices each to be headed by a Director, and
such field offices as may be needed, each to be headed by an official
with at least the rank of an Assistant Director. Each Regional Office
shall have the following functions:
(1)
Enforce Civil Service law and rules, policies, standards on personnel
management within their respective jurisdiction;
(2) Provide
technical advice and assistance to government offices and agencies
regarding personnel administration; and
(3) Perform
such another functions as may be delegated by the Commissions.
* Sec. 9. Divisions. — Each Office of the
Commission may have such divisions as the necessary to carry out their
respective functions.
Sec. 10. New Structure and Pattern. — Upon the
approval of this Executive Order, the officers and employees of the
Commission, in a hold over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
the service pursuant to Article III, Sec. 2, of Proclamation No. 3
(1986) or Executive Order No. 17 (1986).
Those separated from the service shall receive the retirement benefits
to which they may be entitled under existing laws, rules and
regulations. Otherwise, they shall be paid the equivalent of one-month
basic salary for thereof, computed on the basis of the highest salary
received, and an additional sum equivalent to three months of current
basic salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation/replacement of
any officer or employee done under this Executive Order.
Sec. 11. Transfers to the Commission. — The Office
of Compensation and Position Classification of the Ministry of Budget
and Management and the Special Committee on Scholarships (SCS) of the
National Economic and Development Authority (NEDA), together with their
appropriations, records, equipment and such personnel as may be needed
are hereby transferred to the Commission. The liabilities of the
transferred agencies, if any, shall be dealt with in accordance with
the Auditing Code and other pertinent laws, rules and regulations.
Personnel of the transferred agencies, whose positions are not included
in the new position structure and staffing pattern of the Commission,
shall be deemed separated and shall be subjected to the proceeding
Section 10.
Sec. 12. Development Academy of the Philippines. —
The Development Academy of the Philippines is hereby attached to the
Commission and shall continue to exercise its primary functions of
training and human resources development for the entire government
bureaucracy. It shall focus on the professionalization of the
government executive machinery and shall not involve itself in
consultancy projects for the private sector. Such laws or issuances, as
may be necessary for the reorganization of the Development Academy of
the Philippines as herein authorized shall be submitted to the
President within six (6) months from the approval of this Executive
Order.
Sec. 13. Membership in Boards. — The Chairman
shall be a member of the Board of Directors of other governing bodies
of government entities whose functions affect the career development,
employment status, rights, privileges and welfare of government
officers and employees, such as the Government Service Insurance
System, Foreign Service Board, Foreign Trade Service Board, National
Board for Teachers, and such other similar Boards as may be created by
law.
Sec. 14. Funding. — The amount required to carry
out the provisions of this Executive Order shall be covered by the
existing budget of the Commission and in case of insufficiency thereof,
to be augmented from any funds in the National Treasury not otherwise
appropriated. Thereafter, the necessary funds for the yearly operations
of the Commission shall be incorporated in the annual General
Appropriations Act.
Sec. 15. Separability Clause. — Any portion or
provision of this Executive Order that may be declared unconstitutional
shall not have the effect of nullifying other portions or provisions
hereof, as long as such remaining portions or provisions can still
subsist and be given effect in their entirety.
Sec. 16. Repealing Clause. — All laws, orders,
issuances, rules and regulations or other parts thereof inconsistent
with this Executive Order are hereby repealed or modified
accordingly.
Sec. 17. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 21st day of November, in the year of Our Lord, nineteen hundred
and eighty-six.
* Copied verbatim from documents obtained directly
from the Bureau of Printing publication. (missing Sec. 8)
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Since 19.07.98.