EXECUTIVE ORDER NO. 135
EXECUTIVE ORDER NO. 135 - AMENDING
SECTIONS 19(6) AND 8 OF PRESIDENTIAL DECREES NOS. 807 AND 1409,
RESPECTIVELY, AND REVOKING AND/OR REPEALING MEMORANDUM CIRCULAR NO.
1284 DATED JUNE 4, 1985
WHEREAS,
in the interest of justice, there is need to confer upon the Civil
Service Commission jurisdiction over appeals in contested or
promotional appointments and to make its decisions thereon, as well as
in administrative disciplinary cases, final and reviewable only on
certiorari by the Supreme Court.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order:
Section 1. Section 19(6) of Presidential Decree No.
807 dated October 6, 1975 is hereby amended to read as follows:
“Sec.
19. Recruitment and Selection of Employees. — ..
“(6) A
qualified next-in-rank employee shall have the right to appeal
initially to the heads of ministries, agencies or instrumentalities
including government-owned or controlled corporations, then to the
Merit Systems Board, and finally to the Civil Service Commission, an
appointment made in favor of another employee if the appellant is not
satisfied with the written special reason or reasons given by the
appointing authority for such appointment; Provided, however, That the
decision of the Civil Service Commission may be reviewed on certiorari
only by the Supreme Court within thirty (30) days from receipt of the
decision by the aggrieved party. For purposes of this Section ,
‘qualified next-in-rank’ refers to an employee appointed on a permanent
basis to a position previously determined to be next-in-rank and who
meets the requirements for appointment thereto as previously determined
by the appointing authority and approved by the Commission.”
Sec. 2. Sec. 8 of Presidential Decree No. 1409
dated June 8, 1978 is hereby amended to read as follows:
“Sec.
8. Relationship with the Civil Service Commission.
— Decisions of the Merit Systems Board involving the removal of
officers and employees from the civil service shall be subject to
automatic review by the Civil Service Commission. The Commission shall
hear and decide appeals from other decisions of the Board provided that
the decisions of the Commission shall be subject to review on
certiorari only by the Supreme Court within thirty (30) days from
receipt of a copy thereof by the aggrieved party.”
Sec. 3. All protest cases pending on appeal before
the Office of the President shall immediately be indorsed to the Civil
Service Commission, through the Merit Systems Board, for decisions on
the merits, except those already decided but pending on motion for
reconsideration that shall be disposed of in accordance with Executive
Order No. 19, Series of 1966, as amended.
Sec. 4. All existing laws, decrees, letters of
instructions, letters of implementation, executive orders, memorandum
circulars or orders, as well as rules and regulations, or any
provisions or parts thereof, especially Memorandum Circular No. 1284
dated June 4, 1985, which are inconsistent or in conflict with the
provisions of this Order, are hereby repealed and/or modified
accordingly.
Sec. 5. This Order shall take effect immediately.
Done in the City of Manila,
this 27th day of February in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.