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OMNIBUS RULES IMPLEMENTING BOOK V OF

EXECUTIVE ORDER NO. 292 AND OTHER PERTINENT


CIVIL SERVICE LAWS
(As of Feb 3, 1998)

Pursuant to the provision of Section 12(2), Chapter 3, Book V of Executive Order


No. 292, otherwise knew as the “Administrative Code of 1987”, made effective on
November 23, 1989 and Resolution No. 91-1631 dated December 27, 1991, the
following Rules are hereby adopted and prescribed in order to carry out the provisions
of said Code and other pertinent civil service laws.

RULE I
COVERAGE AND DEFINITION OF TERMS

SECTION 1. Except as otherwise provided, these Rules shall apply to all officers
and employees both in the career and non-career service.

SEC. 2. The terms hereunder shall be construed as follows:

(a) Agency means any bureau, office, commission, administrative,


board, committee, institute, corporation with original charter, or any
other unit of the national government as well as provincial, city or
municipal government.

(b) Appointing officer is the person or body authorized by law to make


appointment in the civil service.

© Career service is composed of positions appointment to which prior


qualification is an appropriate examination is required.

(d) Class includes all positions in the government service that are
sufficiently similar as to duties and responsibilities and require
similar qualifications that can be given the same title and salary and
for all administrative and compensation purposes, be treated alike.

(e) Chairman refers to the Chairman of the Civil Service Commission.

(f) Code refers to Executive Order No. 292.

(g) Commission refers to the Civil Service Commission.

(h) Commissioner refers to either of the two other members of the


Commission.
(i) Department includes any of the executive departments or entities
having the category of a department including the judiciary and the
other constitutional commission and bodies.

(j) Eligible refers to a person who obtains a passing grade in a civil


service examination given by the Commission or with its assistance
or coordination or is conferred any civil service eligibility and whose
name is entered in the register of eligibles.

(k) Examination refers to a civil service examination conducted by the


Commission or its offices or by other departments or agencies with
the assistance of or in coordination with the Commission, and those
it may delegate to departments and agencies or those that may
have been delegated by law.

(l) Form refers to those prescribed by the Commission.

(m) Non-career service is composed of positions expressly declared by


law to be the non-career service, or those whose entrance in the
service is characterized by (1) entrance on bases other than those
of the usual tests of merit and fitness utilized for the career service;
and (2) tenure which is limited to a period specified by law, or which
is coterminous with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular project
from which purpose employment was made.

(n) Officers and employees include all officials and employees in the
civil service.

(o) Position refers to a set of duties and responsibilities assigned by


competent authority to be performed by an individual on either full
time or part time basis,

RULE II
RECRUITMENT AND EXAMINATION

SECTION 1. Opportunity for government employment in the career service shall


be open to qualified Filipino citizens and positive efforts shall be exerted to attract the
best qualified to enter the service. Employees shall be selected on the basis of fitness
to perform the duties and assume the responsibilities of the position

SEC 2. Classes of positions in the career service, appointment to which requires


examinations, shall be grouped into three major levels as follows:
a. The first level shall include clerical, trades, crafts and custodial service
positions which involve non-professional or sub-professional work in a
non-supervisory or supervisory capacity requiring less than four years of
collegiate studies.
b. The second level shall include professional, technical and scientific
positions which involve professional, technical or scientific work in a non-
supervisory or supervisory capacity requiring at least four years of college
work up to Division Chief level; and

c. The third level shall cover positions in the Career Executive Service.

Except as herein otherwise provided, entrance to the first two levels shall be
through competitive examinations, which shall be open to those inside and outside the
service who meet the minimum qualification requirements. Entrance to a higher level
does not require previous qualification in the lower level. Entrance to the third level
shall be prescribed by the Career Executive Service Board.

Within the same level, no civil service examination shall be required for
promotion to a higher position in one or more related occupational groups. A candidate
for promotion should, however, have previously passed the examination for that level.
Moreover, the head of office is not precluded from prescribing any internal screening
procedures for purposes of promotion.

For the purpose of these Rules, a Division Chief shall refer to the incumbent of a
position in the second level of the career civil service, who has the responsibility for
overseeing the work of an organizational unit charged with a major and specialized
activity.

SEC 3. Admission to any examination for entrance into the career service shall
be limited to citizens of the Philippines who are at least 18 years of age at the time of
application. Provided, That the Commission may, in the interest of the service and
considering other relevant factors and circumstances for a different age limit for
admission to a particular examination.

SEC 4. All applicants for examination shall furnish full information as to their
citizenship, age, education, physical qualification, and such other information as may be
reasonably relevant to their fitness in the service. A thorough medico-physical
examination and character investigation may, in the discretion of the Commission, be
required of applicants.

SEC 5. Properly accomplished application forms shall be filed with the


Commission’s Regional/Provincial/Field Office or any Local Examination Center in the
place where the applicant desires to take the examination within the period specified in
the examination announcement. Provided, That receipt of applications for a particular
examination may be closed anytime as soon as a sufficient number has been received,
with due consideration for the needs of the service.
SEC 6. The Commission shall disapprove application of an applicant who:

(a) lacks any of the minimum qualification for that particular examination;

(b) has been found guilty of crime involving moral turpitude, or of infamous,
disgraceful or immoral conduct, dishonesty, drunkenness or addiction to
drugs;

© has been previously found guilty of offense relative to or in connection with


the conduct of a civil service examination; or

(d) has been dismissed from the service for cause.

Provided that when an applicant for examination is found to have intentionally


made any false statement of any material fact in his application or practices or attempts
to practice or employs any deception or fraud in connection with his examination, the
Commission shall invalidate such examination and such offense shall be ground for his
removal from the service. Provided, further, That if the applicant is not in the service, he
shall be barred from taking any civil service examination and entry in government
service for a period to be determined by the Commission: Provided, finally, That the
Commission may, in its discretion, cause the filing of appropriate criminal charges
pursuant to Section 67 of the Code:

SEC 7. Except herein provided, no person shall be appointed to, or employed in


the career service unless he shall have passed the appropriate examination for such
position. As far as practicable, career entrance examination shall be required to test the
capacity and fitness of applicants for position in the career service.

SEC 8. Examination may be assembled or unassembled and tests may be


written, oral, physical, performance or testimonial, or a combination of these types.
Such examinations may take into consideration experience, education, aptitude,
capacity, knowledge, character, physical fitness and other factors which, in the
judgment of the Commission, determine the relative fitness of applicants.

SEC 9. Subject to approval by the proper head of a Department or agency, the


Commission may select suitable persons in the government service to act as members
of examining committee, special examiners or special investigators. Such person shall
be designated examiners or investigators of the Commission and shall perform such
duties as the Commission may require, and in the performance of such duties they shall
be under its exclusive control. Members of the examining committees, special
examiners or special investigators so designated may be given allowances or per diems
for their services, to be paid out of the funds of, and at a rate to be determined by the
Commission.
SEC 10. All officers of the Civil Service shall facilitate the holding of civil service
examinations. Those in custody of public buildings at places where such examinations
are held shall, for this purpose, permit and arrange the use of suitable rooms under their
charge and the furnishing and lighting of the same when necessary.

SEC 11. In line with the national policy to facilitate the integration of the
members of cultural communities and accelerate the development of the areas
occupied by them, the Commission shall give special civil service examinations to
qualify them for appointment in the civil service.

SEC 12. Appeals in connection with examinations shall be as follows:

(a) Appeal from the disapproval of an application after an applicant has been
provisionally admitted to an examination shall be field in writing by the
applicant with the Commission within ten days from the date of receipt by
him of the notice of such disapproval. Thereafter, no appeal shall be
entertained.

(b) When an applicant is required to submit certain papers or to comply with


other requirements in connection with his application for examination, he
shall submit such papers or comply with such requirements on or before
the date of the examination. Failure of the applicant to comply as
provided herein shall disqualify him from taking the examination.

© Appeal from the rating obtained or request for a rechecking of an objective


type of examination shall be filed in writing by the examinee within a
period of 120 days from the date of release of the examination concerned,
and after payment of the amount prescribed by the Commission.
Thereafter, no appeal or request for rechecking shall be entertained.

RULE III
RATINGS AND ELIGIBILITIES

SECTION 1. Examination papers shall be rated according to their excellence on


a scale of 0% to 100% and the subject of each examination shall be given such relative
weights as the Commission may prescribe. The passing grade in written examinations,
except for examinations covered by special laws, shall be at least 80%.

SEC 2. Subject to the provisions of these Rules, every examinee who obtains a
general rating of 80% or over shall be eligible for appointment to those positions for
which the examination was given.

SEC 3. Eligibility resulting from civil service examinations which require less
than four years of college studies shall be appropriate for appointment to positions in
the first level, and that from examinations which require at least four years of college
studies shall be appropriate for positions in the second level.

SEC 4. Pursuant to Executive Order No. 132, s. 1948, of the Office of the
President, five points shall be added to the ratings earned by a veteran in a civil service
examination which shall be credited to him for entrance to and promotion in the service.
For purposes of this Rule, a “veteran” shall include any person who has served in the
military service of the Armed Forces of the Philippines, in the regularly constituted
armed forces of World War II or in the non-regularly organized unit in the Philippines
during World War II and whose services are duly recognized by the Government.

Ten points shall be added to the earned rating of the following examinees: (a) a
veteran who established by official records the existence of a service-connected
disability; (b) a widow of a veteran; and (c) a wife of a veteran who himself cannot
qualify for appointment in the civil service due to a service-connected disability.

Further, pursuant to EO 790, s, 1982 likewise of the Office of the President, any
one child of a veteran in cases where the veteran himself or his wife failed to avail
himself of the preference rating due to disqualification for appointment or disability, may
also avail of an added ten points to his earned rating.

The preference rating in an examination shall be granted by the Commission at


any time upon the request of the applicant and upon submission of the documents
required by the Commission even if not declared in his application. This preference
rating, however, shall not apply for the Professional Board Examination for Teachers
(PBET).

SEC 5. The results of any particular civil service examination held in a number of
places on the same date shall be released simultaneously. The names of examinees
who obtained the required passing grades in an examination shall be entered in a
register of eligibles.

SEC 6. The names of those who pass the bar or board examinations shall be
automatically entered in the corresponding register of eligibles under Republic Act No.
1080 without need for issuance of certificates. For this purpose, the Supreme Court
and the Professional Regulations Commission shall furnish the Commission with the
official lists of successful candidates in each examination.

SEC 7. Eligibility shall also be granted automatically to honor graduates, subject


to the provisions of Presidential Decree No. 907, as amended.

SEC 8. Eligibility resulting from civil service, bar, and board examinations shall
be effective on the date of the release of the results of examinations. These eligibilities
shall not prescribe.
RULE IV
QUALIFICATION STANDARDS

SECTION 1. To insure that a person appointed in the career service can


satisfactorily perform the duties and assume the responsibilities of the position to which
he is being appointed, his fitness shall be initially determined by the appointing officer
on the basis of the qualification standards established for the position.

For this purpose, qualification standards shall be established for all positions in
the first and second levels.

SEC 2. A qualification standard is a statement of the minimum qualifications for


a position which shall include education, experience, training, civil service eligibility, and
physical characteristics and personality traits required by the job.

SEC 3. Qualification standard shall be used as basis for civil service


examinations, as guides in appointments and other personnel actions, in the
adjudication of protested appointments, in determining training needs, and as aids in the
evaluation of the personnel work programs of an agency.

SEC 4. The Commission shall adopt qualifications standards for service-wide


positions in the first and second levels and shall review and update, whenever
necessary, those already established. Each departments or agency shall establish
qualification standards for positions unique to the department or agency concerned and
shall submit the same to the Commission for approval. These qualification standards
shall be effective 30 days from approval by the Commission. All employees of the
department or agency shall be properly notified of this approval, notices of which shall
be posted on the bulletin board of the department or agency concerned.

SEC 5. Whenever necessary, the Commission shall provide technical assistance


to department and agencies in the development of their qualification standards.

SEC 6. Until December 31, 1992, substitution of deficiencies in education,


training or experience may be allowed interchangeably with one another, except for
positions covered by special laws where minimum qualifications are prescribed. After
December 31, 1992, no such substitution shall be allowed.

SEC 7. It shall be the responsibility of the departments and agencies to


establish, administer and maintain the qualification standards on a continuing basis as
an incentive to career advancement.
RULE V
APPOINTMENT

SECTION 1. All appointments in the career service shall be made only


according to merit and fitness to be determined as far as practicable by competitive
examinations.

As used in these Rules, any action denoting movements or progress of


personnel in the civil service shall be known as personnel action. Such action shall
include promotion, transfer, reinstatement, reemployment, detail, secondment,
reassignment, demotion and separation. All original appointments and personnel
actions shall be in accordance with these Rules and with other regulations and
standards that may be promulgated by the Commission.

SEC 2. In the selection of personnel for his department or agency, the


appointing authority shall be guided by the Civil Service Law and Rules.

SEC 3. When two or more applicants meet the minimum requirements for the
position, objective criteria must be set to determine who is the most fit and meritorious
among all the applicants to ensure that the exercise of management discretion is not
abused.

SEC 4. Except as otherwise provided herein, a person who meets all the
requirements of the position including the appropriate civil service eligibility shall be
appointed to a position in the first and second levels. However, when the immediate
filing of vacancy becomes necessary, taking into account the public interest, and a
person with an appropriate civil service eligibility is not actually and immediately
available, a person without the appropriate civil service eligibility but who meets the
other requirements of the position may be appointed. His appointment shall be
temporary for a period of not more than 12 months and he may be replaced at any time
with one who has an appropriate civil service eligibility.

SEC 5. Each appointment shall be prepared in the prescribed form and duly
signed by the appointing authority.

Each appointment shall be accompanied by the following:

(1) Personal Data Sheet (CS Form 212);

(2) Job Description Form (CS Form 122-D);

(3) Certification by the appointing authority or his duly authorized


representative in the agency concerned to the effect that all requirements
have been complied with, reviewed by him and found to be in order;
(4) Certified true copy of the decision in the administrative or criminal case or
any official record thereof of the appointee, if any;

(5) Clearance

a. For original appointment NBI clearance

b. For reinstatement/reemployment

(1) NBI clearance

(2) Clearance from previous/former office or agency


c. Renewal of temporary, casual or contractual
None required

SEC 6. The submission of Personal Data Sheet (CS Form 212) and Position
Description Form (CS Form 122-D) as supporting documents for every renewal of
appointment of casual/emergency employee/laborer is dispensed with. However, said
personnel may submit another Personal Data Sheet if there is any new material fact or
vital information concerning his qualifications.

SEC 7. The Commission shall disapprove the appointment of a person who:

(a) does not meet the qualifications for the position; or

(b) has been found guilty of a crime involving moral turpitude, or of infamous,
disgraceful conduct or addiction to narcotics, or dishonesty; or

© has been dismissed from the service for cause, unless an executive
clemency has been granted; or

(d) has intentionally made a false statement of any material fact or has
practiced or attempted to practice any deception or fraud in connection
with his appointment; or

(e) has been issued such appointment in violation of existing Civil Service
Law, rules and regulations.

SEC 8. A vacancy in the career service may be filled by promotion, transfer of


present employees in the government service, reinstatement, reemployment, or by
certification of appropriate civil service eligible.

SEC 9. An appointment accepted by the appointee cannot be withdrawn or


revoked by the appointing authority and shall remain in force and effect until
disapproved by the Commission. However, an appointment may be void from the
beginning due to fraud on the part of the appointee or because it was issued in violation
of law.

SEC 10. An Appointment issued in accordance with pertinent laws and rules
shall take effect immediately upon its issuance by the appointing authority, and if the
appointee has assumed the duties of the position, he shall be entitled to receive his
salary at once without awaiting the approval of his appointment by the Commission.
The appointment shall remain effective until disapproved by the Commission. In no
case shall an appointment take effect earlier than the date of its issuance.

SEC 11. An appointment not submitted to the Commission within 30 days from
the date of issuance which shall be the date appearing on the face of the appointment,
shall be ineffective. The appointing authority shall be liable for the salaries of the
appointee whose appointment became ineffective. The appointing authority shall
likewise be liable for the payment of the salary of the appointee if the appointment is
disapproved because the appointing authority has issued it in violation of existing laws
of rules, making the appointment unlawful.

SEC 12. No new appointment shall be required for an adjustment in salary as a


result of increase in pay level which does not involve a change in duties and
responsibilities. However, a copy of the notice of salary adjustment shall be submitted
to the Commission for report purposes.

SEC 13. Appointment in the career service shall be permanent or temporary.

(a) Permanent Status. A permanent appointment shall be issued to a person


who meets all the requirements for the position to which he is being
appointed/promoted, including the appropriate eligibility prescribed, in
accordance with the provisions of law, rules and standards promulgated in
pursuance thereof.

An appointment issued by the appointing authority under a temporary status to a


person who meets all the requirements for the position to which he is being appointed,
including the appropriate eligibility, shall be disapproved by the Commission for violation
of Section 27(l), Book V of Executive Order No, 292, except when it pertains to certain
occupational groups for which prior clearance has been obtained from the Commission.

(b) Temporary Status. In the absence of appropriate eligibles in the area


willing and able to assume the position, as certified by the CSRO Regional
Director concerned, and it becomes necessary in the public interest to fill a
vacancy, a temporary appointment shall be issued to a person who meets
all the requirements for the position to which he is being appointed except
the appropriate civil service eligibility: Provided, That such temporary
appointment shall not exceed twelve months, but the appointee may be
replaced sooner if a qualified civil service eligible becomes available.
The Commission however, recognizes special cases of appointments in the
career service such as in the field of medicine and education where the requirements
for permanency is based not only on eligibility. These cases shall be governed by
Memorandum Circulars which the Commission may promulgate from time to time.

SEC 14. An appointment may also be co-terminous which shall be issued to a


person whose entrance and continuity in the service is based on the trust and
confidence of the appointing authority or that which is subject to his pleasure, or a co-
existent with his tenure, or limited by the duration of project or subject to the availability
of funds.

The co-terminous status may be further classified into the following:

(1) co-terminous with the project – when the appointment is co-existent with
the duration of a particular project for which purpose employment was
made or subject to the availability of funds for the same;

(2) co-terminous with the appointing authority – when appointment is co-


existent with the tenure of the appointing authority or at his pleasure;

(3) co-terminous with the incumbent – when the appointment is co-existent


with the appointee, in that after the resignation, separation or termination
of the services of the incumbent the position shall be deemed
automatically abolished; and

(4) co-terminous with a specific period – appointment is for a specific period


and upon expiration thereof, the position is deemed abolished.

For purposes of coverage or membership with the GSIS, or their right to security
of tenure, co-terminous appointee, except those who are co-terminous with the
appointing authority, shall be considered permanent.

SEC 15. In the case of teachers, the Commission recognizes the provisional and
substitute status of appointment as provided for and defined under the Magna Carta for
Public School Teacher (RA 4670).

SEC 16. The Civil Service Commission shall publish a complete list of all
existing vacant positions in the government throughout the country at least once every
quarter including the qualification standards required for each position.

SEC 17. All vacant positions in the agency authorized to be filled shall be posted
in at least three conspicuous places of the respective offices.

SEC 18. The appointing authority shall not fill, and the Commission shall not act
on any appointment, unless the same has been posted by the agency concerned and
published by the Commission.
SEC 19. All appointments issued by the appointing authority shall be posted in
the agency concerned for a period of at least one week.

RULE VI
PROMOTION

SECTION 1. Promotion is the advancement of an employee from one position


to another with an increase in duties and responsibilities as authorized by law, and
usually accompanied by an increase in salary.

Promotions may be from one department or agency to another or from one


organizational unit to another in the same department or agency.

SEC 2. Whenever a position in the first level becomes vacant, the employees in
the department or agency who occupy positions deemed to be next-in-rank to the
vacancy, shall be considered for promotion. In the second level, those employees in
the government service who occupy next-in-rank positions shall be considered for
promotion to the vacancy.

SEC 3. A next-in-rank position refers to a position which, by reason of the


hierarchical arrangement of positions in the department or agency or in the government,
is determined to be in the nearest degree of relationship to a higher position as
contained in the agency’s System of Ranking Position.

SEC 4. An employee who holds a next-in-rank position who is deemed the most
competent and qualified, possesses an appropriate civil service eligibility, and meets the
other conditions for promotions may be promoted to the higher position when it
becomes vacant.

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