Documenti di Didattica
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CHAPTER II
RELATED LITERATURE AND STUDY
I.
Constitution, Art. XI
II.
The thing is, where is the fairness? What is the essence of merit and
fitness if nepotism and corruption dominates in the government as well as
the productivity of the whole country.
If thats the name of the game, then whats the use of studying and
establishing your credibility and accomplishments. Everyone should have
the opportunity to make a better life for themselves, then everyone
should be equally be given the chance and choices
-
https://bpspolitics.wordpress.com/2006/12/07/blood-is-thicker-than-waternepotism-in-government/
III.
Over the years, the Philippine Civil Service evolved through the passage of
laws by Congress, Executive issuances and rules and regulations issued by
the Civil Service Commission. The last major piece of legislation dealing
with the Civil Service was Executive Order 292, the Administrative Code of
1987.
Sadly, the pieces of Iegislation governing the Philippine Civil Service
remain scattered in different laws, decrees, and letters of instructions and
executive orders. The absence of a comprehensive civil service law has
sometimes caused confusion amonp civil servants, to say the least. Many
laws overlap and some have become obsolete.
There is an urgent need to update and gather all civil service and related
laws to address the ever changing needs of the times.
Hence, this proposed Civil Service Code seek to address deeply rooted
problems besetting the public service such as graft and corruption, redtape, violations of government employee rights and the merit system,
among other things.
CHAPTER III
METHODOLOGY
The study employs descriptive data analysis to expose the contents of
selected bills that were passed in either House of the Congress or the Senate.
Statements from legislators and other government officials whether local or national
are quoted and expounded to compare their views regarding Personnel Policies and
Standards in Government Service. Several write-ups from different authors of
newspapers are included as they expound more of views of the matter.
In this study, provisions from an executive statute EO 292 are provided to
fully explain the context. Also, is the outline of the current practices in the Bureau of
Fire Protection concerning the Selection and Promotion process. This shows the
possible gaps or loopholes wherein the Human resources Officer with relation to the
Selection and Promotion board are susceptible to 3 rd party offers which constitute
acts of corruption and nepotism.
CHAPTER IV
ANALYSIS, PRESENTATION AND INTERPRETATION DATA
Analysis on Local Studies (Media Clippings)
Data presented below is taken from the Manila times showing the alledged
corruption of Officers Lateral promotion in the Bureau of Fire Protection.
To be promoted to an officers rank of Fire Inspector at the Bureau of Fire
Protection (BFP), one has to shell out at least P500,000, sources from the fire
agency bared on Monday. A group of three promotees can get a package deal of
P2 million, the sources added. This is true. Nobody will admit it but its true. This
has been happening for a long time, said a BFP officer who spoke on condition that
he will not be named.
The officer called up The Manila Times following the publication of an article
detailing an alleged fixing of the promotions system in the BFP to favor certain
fire personnel who applied for promotion to an officers rank. The source gave
credence to the revelations of BFP legal affairs chief Ernesto Pagdanganan, who
claimed that firemen are demoralized over the alleged malpractice in the agency.
This is an anomaly that is no longer a secret. The rules are bent or even tailored fit
for favored applicants for promotion to the detriment of hundreds, if not thousands
of BFP personal who dreams of climbing up the ladder. This affects the morale of
our personnel, the BFP official said. Pagdanganan alleged that former BFP director
Ariel Barayuga was behind the unlawful and anomalous promotion scheme that
violated Civil Service Commission rules and the Commission on Elections
(Coemelec) ban on promotions.
According to the Times source, Pagdanganan was right about these violations
because the newly-promoted BFP officers were officially taken in during the election
ban. On February 13, 2016, 455 applicants for lateral entry took the qualifying
examinations conducted by the BFP. Only 239 allegedly passed the examination.
Pagdanganan further alleged that on February 15, 2016, the 239 applicants
submitted themselves to the Physical Agility Test (PAT) and 235 passed the PAT. On
March 7, 2016, only 32 out of 235 were required to undergo the neuro-psychiatric
exam (NPE) and drug test. Of the 32 applicants, three from Region 3 failed the test.
The three applicants who failed applied for the positions of dentist, criminologist
and legal researcher.
Surprisingly, instead of recommending alternate applicants after disqualifying the
three, then BFP chief Director Ariel A. Barayuga appointed these three applicants as
Fire Inspectors despite failure to pass the NPE, Pagdanganan claimed. The Times
sent an inquiry to BFP Director Rodrigo Abrazaldo, who was the chair of the
promotions board during the time of Barayuga, but the official has yet to reply as of
press time.
But Pagdanganan quickly cleared Abrazaldo of involvement in the promotion
anomaly, saying that the official was at that time under duress and was simply
following the orders of Barayuga. Asked if he was aware of the so-called
promotion for sale at the BFP, Pagdanganan replied: Personally I havent heard of
any at that time. Maybe because of the belief that I was very close to General
Barayuga so no one approached me. From antedating certain documents to openly
violating the election ban, Pagdanganan may face sanctions even if he has already
retired from the service. The BFP legal chief maintained that the approved
promotions should be nullified.
In reality, the BFP will be paying for non-existent appointments being null and void.
We ask the public to help us expose this anomaly and maybe to seek rectification
from the new administration of President Rodrigo Duterte, Pagdanganan earlier
said. Meanwhile, the other Times source claimed one of the promoted officers, a
female, is very close to Barayuga. He did not elaborate.
-
http://www.manilatimes.net/got-cash-get-a-promotion/266359/
Data presented below also shows the alleged corruption in the selection process of
newly hired Fire Officers.
The Bureau of Fire Protection-Cordillera recently conducted a recruitment and promotion for nonofficers. In this connection, I would like to ask concerned government offices to investigate if there
are rules and regulations that were not followed in the recruitment as this is giving low morale to the
firefighters of this region.
First, applicants for Fire Officer 1 (FO1) and non-officers for promotion are obliged to pay P3,500. This
was done at the application area at the regional office. Such payment was for the neuro-psychiatric
exam anod medical tests conducted by a person from Quezon City hired by the BFP-CAR, because the
office
lacks
facilities
and
equipment.
There were more than 100 individuals who applied for these positions, but they were not issued a
receipt upon payment. Worst, they have entertained/accepted applicants for the rank of Senior Fire
Officer 3 even if there was no quota. An accredited government hospital should have conducted the
medical and physical tests because we were not sure if the persons who were hired by the BFP are
eligible or professionals. Are the officers at the regional office in cahoots with these people just for
money?
During the final interview, members of the panel were not complete. A member/representative from
the non-officer rank similar to a sergeant major should be present. Only a member from the
Department of the Interior and Local Government and five officers from the regional office were
present. The final interview was like a moro-moro because we all know that in the final analysis those
who
will
be
promoted
are
the
ones
endorsed
or
favored.
I am hoping this matter will reach or be looked upon by concerned authorities. Thank you very much.
http://www.baguiomidlandcourier.com.ph/mail.asp?
mode=archives/2013/august/8-25-2013/mail2.txt
The existing application process for the hiring of new fire officeers and the
promotion of existing fire personnel in Bureau of Fire Protection is outlined
as follows:
Posting
of
Vacancies
submission
of
standard
requirements
submission
of
requiremetns
unique
to
available
position
screening
of
applicants
written
examination
agility
test
neuropsychiatric
exam
drug
panel
test
interview
medical
and
dental
test
deliberation
The details of each process step, however, varies from time to time
and is dependent on the preference and biases of the existing
administration.
Analysis of the existing provisions was done and loopholes on its
implementations were identified. These loopholes pose problems of
corruption and biases when left unchecked and unaccounted for.
As for the agility test, the point system must also be available for
the publics view. This may be included to the initial advisory of hiring
and promotion opportunities. The researcher also suggests that medical,
dental and drug testing be done prior to the agility test. This will ensure
that applicants are in good physical condition as they take the agility test.
Also, this may ensure that no applicant is under the influence of drugs
that may affect the results of the agility test.
Results of the agility test must then posted and made available to
the public as well. This will increase the accountability and validity of the
examination procedures as well as its results. Applicants who pass the
above mentioned tests must then undergo neuro-psychiatric exams.
Results must then be posted as that from the written and agility tests.
Again, transparency of the administering body will reduce and prevent
corruption and biases within the process of hiring and promotion.
Finally, the deliberation of the applicants must be justifiable by
recorded votations of the members of the panel that must be available to
the public. These votations must be posted together with the final list of
accepted applicants and promoted officers.
qualified and with the appropriate civil service eligibility shall be considered for
promotion.
(3) When a vacancy occurs in a position in the second level of the Career Service as
defined in Section 8, the employees in the government service who occupy the next
lower positions in the occupational group under which the vacant position is
classified and in other functionally related occupational groups and who are
competent, qualified and with the appropriate civil service eligibility shall be
considered for promotion.
(4) For purposes of this Section, each department or agency shall evolve its own
screening process, which may include tests of fitness, in accordance with standards
and guidelines set by the Commission. Promotion boards shall be formed to
formulate criteria for evaluation, conduct tests or interviews, and make systematic
assessment of training experience.
(5) If the vacancy is not filled by promotion as provided herein the same shall be
filled by transfer of present employees in the government service, by
reinstatement, by re-employment of persons separated through reduction in force,
or by appointment of persons with the civil service eligibility appropriate to the
positions.
(6) A qualified next-in-rank employee shall have the right to appeal initially to the
Secretaries or heads of agencies or instrumentalities including government-owned
or controlled corporations with original charters, then to the Merit System
Protection 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 of 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.
(7) Qualification in an appropriate examination shall be required for appointment to
positions in the first and second levels in the career service in accordance with the
Civil Service rules, except as otherwise provided in this Title: Provided, That
whenever there is a civil service eligible actually available for appointment, no
person who is not such an eligible shall be appointed even in a temporary capacity
to any vacant position in the career service in the government or in any
government-owned or controlled corporation with original charter, except when the
immediate filling of the vacancy is urgently required in the public interest, or when
the vacancy is not permanent, in which cases temporary appointments of noneligibles may be made in the absence of eligibles actually and immediately
available.
(8) The appropriate examinations herein referred to shall be those given by the
Commission and the different agencies: Provided, however, That nothing herein
shall affect those eligibilities acquired prior to the effectivity of the Civil Service
Law: Provided, further, That a person with a civil service eligibility acquired by
successfully passing an examination shall be qualified for a position requiring a
lower eligibility if he possesses the other requirements for appointment to such
position.
SECTION 22. Qualification Standards.(1) A qualification standard expresses the
minimum requirements for a class of positions in terms of education, training and
experience, civil service eligibility, physical fitness, and other qualities required for
successful performance. The degree of qualifications of an officer or employee shall
be determined by the appointing authority on the basis of the qualification standard
for the particular position.
Qualification standards shall be used as basis for civil service examinations for
positions in the career service, as guides in appointment and other personnel
actions, in the adjudication of protested appointments, in determining training
needs, and as aid in the inspection and audit of the agencies personnel work
programs.
It shall be administered in such manner as to continually provide incentives to
officers and employees towards professional growth and foster the career system in
the government service.
(2) The establishment, administration and maintenance of qualification standards
shall be the responsibility of the department or agency, with the assistance and
approval of the Civil Service Commission and in consultation with the Wage and
Position Classification Office.
SECTION 23. Release of Examination Results.The results of any particular civil
service examination held in a number of places on the same date shall be released
simultaneously.
SECTION 24. Register of Eligibles.The names of the competitors who pass an
examination shall be entered in a register of eligibles arranged in the order of their
general ratings and containing such information as the Commission may deem
necessary.
SECTION 25. Cultural Communities.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.
SECTION 26. Personnel Actions.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. A non-eligible shall not be appointed to any position in
the civil service whenever there is a civil service eligible actually available for and
ready to accept appointment.
As used in this Title, any action denoting the movement or progress of personnel in
the civil service shall be known as personnel action. Such action shall include
appointment through certification, promotion, transfer, reinstatement, reemployment, detail, reassignment, demotion, and separation. All personnel actions
shall be in accordance with such rules, standards, and regulations as may be
promulgated by the Commission.
(1) Appointment through certification.An appointment through certification to a
position in the civil service, except as herein otherwise provided, shall be issued to
a person who has been selected from a list of qualified persons certified by the
Commission from an appropriate register of eligibles, and who meets all the other
requirements of the position.
All such persons must serve a probationary period of six months following their
original appointment and shall undergo a thorough character investigation in order
to acquire permanent civil service status. A probationer may be dropped from the
service for unsatisfactory conduct or want of capacity any time before the
expiration of the probationary period: Provided, That such action is appealable to
the Commission.
(2) Promotion.A promotion is a movement from one position to another with an
increase in duties and responsibilities as authorized by law and usually
accompanied by an increase in pay. The movement may be from one department or
agency to another or from one organizational unit to another in the same
department or agency.
CONCLUSION: