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This page features the full text of
Republic Act No. 6656
AN
ACT TO PROTECT THE SECURITY OF TENURE OF CIVIL SERVICE OFFICERS AND
EMPLOYEES
IN THE IMPLEMENTATION OF GOVERNMENT REORGANIZATION.
REPUBLIC
ACT NO. 6656
AN
ACT TO PROTECT THE SECURITY OF TENURE OF CIVIL SERVICE OFFICERS AND
EMPLOYEES
IN THE IMPLEMENTATION OF GOVERNMENT REORGANIZATION.
Section
1. It is hereby declared the
policy of the State to protect the security of tenure of civil service
officers and employees in the reorganization of the various agencies of
the National Government and of local governments, state colleges and
universities
expressly authorized by law, including government-owned or controlled
corporations
with original charters, without sacrificing the need to promote morale,
efficiency in the civil service pursuant to Article IX, B, Section 3 of
the Constitution.chanrobles virtuallaw libraryred
.
Sec.
2. No officer or employee in
the career service shall be removed except for a valid cause and after
due notice and hearing. A valid cause for removal exists when, pursuant
to a bona fide reorganization, a position has been abolished or
rendered
redundant or there is a need to merge, divide, or consolidate positions
in order to meet the exigencies of the service, or other lawful causes
allowed by the Civil Service Law. The existence of any or some of the
following
circumstances may be considered as evidence of bad faith in the
removals
made as a result of reorganization, giving rise to a claim for
reinstatement
or reappointment by an aggrieved party:chanroblesvirtualawlibrary
(a) Where
there is a significant increase in the number of positions in the new
staffing
pattern of the department or agency concerned;chanrobles virtuallaw libraryred(b) Where
an office is abolished and other performing substantially the same
functions
is created;
(c) Where
incumbents are replaced by those less qualified in terms of status of
appointment,
performance and merit;
(d) Where
there is a reclassification of offices in the department or agency
concerned
and the reclassified offices perform substantially the same function as
the original offices;chanrobles virtuallaw libraryred
(e) Where
the removal violates the order of separation provided in Section 3
hereof.
Sec.
3. In the separation of personnel
pursuant to reorganization, the following order of removal shall be
followed:chanroblesvirtualawlibrary
(a) Casual
employees with less than five (5) years of government service;chanrobles virtuallaw libraryred(b) Casual
employees with five (5) years or more of government service;
(c) Employees
holding temporary appointments; andchanrobles virtuallaw libraryred
(d) Employees
holding permanent appointments: Provided, That those in the same
category
as enumerated above, who are least qualified in terms of performance
and
merit shall be laid first, length of service notwithstanding.
Sec.
4. Officers and employees holding
permanent appointments shall be given preference for appointment to the
new positions in the approved staffing pattern comparable to their
former
position or in case there are not enough comparable positions, to
positions
next lower in rank.
No
new employees shall be taken in until all permanent officers and
employees
have been appointed, including temporary and casual employees who
possess
the necessary qualification requirements, among which is the
appropriate
civil service eligibility, for permanent appointment to positions in
the
approved staffing pattern, in case there are still positions to be
filled,
unless such positions are policy-determining, primarily confidential or
highly technical in nature.
Sec.
5. Officers and employees holding
permanent appointments shall be given preference for appointment in
other
agencies if they meet the qualification requirements of the positions
therein.chanrobles virtuallaw libraryred
Sec.
6. In order that the best qualified
and most deserving persons shall be appointed in any reorganization,
there
shall be created a Placement Committee in each appointments shall be
given
preference for appointment in the judicious selection and placement of
personnel. The Committee shall consist of two (2) members appointed by
the head of the department or agency, a representative of the
appointing
authority, and two (2) members duly elected by the employees holding
positions
in the first and second levels of the career service: Provided, That if
there is a registered employee association with a majority of the
employees
as members, that employee association shall also have a representative
in the Committee: Provided, further That immediately upon approval of
the
staffing pattern of the department or agency concerned, such staffing
pattern
shall be made known to all officers and employees of the agency who
shall
be invited to apply for any of the positions authorized therein. Said
application
shall be considered by the Committee in the placement and selection of
personnel.
Sec.
7. A list of the personnel appointed
to the authorized positions in the approved staffing pattern shall be
made
known to all the officers and employees of the department or agency.
Any
of such officers and employees aggrieved by the appointments made may
file
an appeal with the appointing authority who shall make a decision
within
thirty (30) days from the filling thereof.chanrobles virtuallaw libraryred
Sec.
8. An officer or employee who
is still not satisfied with the decision of the appointing authority
may
further appeal within ten (10) days from the receipt thereof to the
Civil
Services Commission which shall render a decision thereon within thirty
(30) days and whose decision shall be final and executory.
Sec.
9. All officers and employees
who are found by the Civil Service Commission to have been separated in
violation of the provisions of this Act, shall be ordered reinstated or
reappointed as the case may be without loss of seniority and shall be
entitled
to full pay for the period of separation. Unless also separated for
cause,
all officers and employees, who have been separated pursuant to
reorganization
shall, if entitled thereto, be paid the appropriate separation pay and
retirement and other benefits under existing laws within ninety (90)
days
from the date of the effectivity of their separation or from the date
of
the receipt of the resolution of their appeals as the case may be:
Provided,
That application for clearance has been filed and no action thereon has
been made by the corresponding department or agency. Those who are not
entitled to said benefits shall be paid a separation gratuity in the
amount
equivalent to one (1) month salary for every year of service. Such
separation
pay and retirement benefits shall have priority of payment out of the
savings
of the department or agency concerned.
Sec.
10. All heads of department,
commissions, bureaus, agencies or offices who after the effectivity of
this Act willfully violate any provision thereof, including failure to
abide by the rules promulgated by the Civil Service Commission or to
implement
a Civil Service Commission reinstatement order, shall upon conviction
be
punished by a fine not, exceeding ten thousand pesos (P10,000.00) or by
imprisonment of not less than three(3) nor more than five (5) years or
both such fine and imprisonment in the discretion of the Court, and
suffer
permanent disqualification to hold public office.chanrobles virtuallaw libraryred
Sec.
11. The executive branch of the
government shall implement reorganization schemes within a specified
period
of time authorized by law.
In
the case of the 1987 reorganization of the executive branch, all
departments
and agencies which are authorized by executive orders promulgated by
the
President to reorganize shall have ninety (90) days from the approval
of
this Act within which to implement their respective reorganization
plans
in accordance with the provisions of this Act.
Sec.
12. The Civil Service Commission
shall promulgate the necessary rules and regulations to implement the
provisions
of this Act.
Sec.
13. All laws, rules and regulations
or parts thereof, inconsistent with the provisions of this Act are
hereby
repealed or modified accordingly. The rights and benefits under this
Act
shall be retroactive as of June 30, 1987.
Sec.
14. If any part, section or provisions
of this Act shall be held invalid or unconstitutional, no other part,
section
or provision thereof shall be affected thereby.chanrobles virtuallaw libraryred
Sec.
15. This Act shall take effect
fifteen (15) days from the date of its publication ion at least two (2)
newspapers of general circulation.
Approved:
June
10, 1988
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