I. Concepts Const. (1987), art.
IX-B, section 2(1)
A. Public office
1. Definition
Const. (1987), art. XI, sec 1.
SECTION 1. Public office is a public trust. Public officers and
employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.


EO 292 (1987), Introductory Provisions, Sec 2(9)
SECTION 2.  General Terms Defined. — Unless the specific words of
the text, or the context as a whole, or a particular statute, shall require a
different meaning: (9) Office refers, within the framework of
governmental organization, to any major functional unit of a
department or bureau including regional offices. It may also refer to any
position held or occupied by individual persons, whose functions are
defined by law or regulation.
B. Public Officers
1. Definition
EO 292 (1987), Introductory Provisions, Sec 2(14)
SECTION 2.  General Terms Defined. — Unless the specific words of
the text, or the context as a whole, or a particular statute, shall require a
different meaning: (14) “Officer” as distinguished from “clerk” or
“employee”, refers to a person whose duties, not being of a clerical or
manual nature, involves the exercise of discretion in the performance of
the functions of the government. When used with reference to a person
having authority to do a particular act or perform a particular function in
the exercise of governmental power, “officer” includes any government
employee, agent or body having authority to do the act or exercise that
function.
Revised Penal Code, art. 203
Article 203. Who are public officers. - For the purpose of applying the
provisions of this and the preceding titles of this book, any person who,
by direct provision of the law, popular election or appointment by
competent authority, shall take part in the performance of public
functions in the Government of the Philippine Islands, of shall perform
in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class, shall be
deemed to be a public officer.
2. Public Officer vs. Public Employee
Const. (1987), art. XI, sec 1. supra
EO 292 (1987), Introductory Provisions, Section 2(14) supra
(15) “Employee” when used with reference to a person in the public
service, includes any person in the service of the government or any of
its agencies, divisions, subdivisions or instrumentalities.
II. Scope and Classification of the Civil Service
SECTION 2. (1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters.
EO 292 (1987), Book V, Title I, Subtitle A, section 6
SECTION 6.  Scope of the Civil Service.—(1) The Civil Service
embraces all branches, subdivisions, instrumentalities, and agencies of
the Government, including government-owned or controlled
corporations with original charters.
(2) Positions in the Civil Service shall be classified into career service
and non-career service.
A. Career Civil Service
EO 292 (1987), Book V, Title I, Subtitle A, section 7, 2nd par.
SECTION 7.  Career Service.—The Career Service shall be
characterized by (1) entrance based on merit and fitness to be
determined as far as practicable by competitive examination, or based
on highly technical qualifications; (2) opportunity for advancement to
higher career positions; and (3) security of tenure.
The Career Service shall include:
(1) Open Career positions for appointment to which prior qualification
in an appropriate examination is required;
(2) Closed Career positions which are scientific, or highly technical in
nature; these include the faculty and academic staff of state
colleges and universities, and scientific and technical positions in
scientific or research institutions which shall establish and maintain
their own merit systems;
(3) Positions in the Career Executive Service; namely, Undersecretary,
Assistant Secretary, Bureau Director, Assistant Bureau Director,
Regional Director, Assistant Regional Director, Chief of Department
Service and other officers of equivalent rank as may be identified by
the Career Executive Service Board, all of whom are appointed by
the President;
(4) Career officers, other than those in the Career Executive Service,
who are appointed by the President, such as the Foreign Service
Officers in the Department of Foreign Affairs;
(5) Commissioned officers and enlisted men of the Armed Forces which
shall maintain a separate merit system;
(6) Personnel of government-owned or controlled corporations,
whether performing governmental or proprietary functions, who do
not fall under the non-career service; and
(7) Permanent laborers, whether skilled, semi-skilled, or unskilled.
Const. (1987), art. IX-B, section 2(2)
SECTION 2. (2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as practicable,
and, except to positions which are policy-determining, primarily
confidential, or highly technical, by competitive examination.
 1. Open Career the examinations, declines to accept an initial appointment as foreign
service officer within a period of one (1) year from the date of he was
2. Career Executive Service
offered the appointment shall be required to take and pass
EO 292 (1987), Book V, Title I, Subtitle A, sec 7, 2nd par (3) supra examinations again in order to be eligible for an initial appointment.

All appointments of foreign service officers shall be to a class and to

not to a particular post.
EO 292 (1987), Book V, Title I, Subtitle A, section 8

SECTION 8.  Classes of Positions in the Career Service.—(1) 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
subprofessional 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
Section 16.  Ambassadorial Appointments.  – The President shall
nominate and, with the consent of the Commission on Appointments,
appoint ambassador extraordinary and plenipotentiary to head
embassies and permanent missions. All ambassadorial appointments
shall be to a particular post only.
Career foreign service officers may be appointed by the President as
ambassadors extraordinary and plenipotentiary and shall retain their
items originally held prior to their appointments after their tour of duty
as ambassadors extraordinary and plenipotentiary: provided, however,
that, during their tour of duty as ambassadors extraordinary and
plenipotentiary, they shall not be promoted to the next higher rank.

(c) The third level shall cover positions in the Career Executive
Service. B. Non-Career Civil Service

(2) Except as herein otherwise provided, entrance to the first two levels EO 292 (1987), Book V, Title I, Subtitle A, section 9.
shall be through competitive examinations, which shall be open to
SECTION 9.  Non-Career Service.—The Non-Career Service shall be
those inside and outside the service who meet the minimum
characterized by (1) entrance on bases other than those of the usual
qualification requirements. Entrance to a higher level does not
tests of merit and fitness utilized for the career service; and (2) tenure
require previous qualification in the lower level. Entrance to the
which is limited to a period specified by law, or which is coterminous
third level shall be prescribed by the Career Executive Service
with that of the appointing authority or subject to his pleasure, or which
Board.
is limited to the duration of a particular project for which purpose
(3) Within the same level, no civil service examination shall be required employment was made.
for promotion to a higher position in one or more related
The Non-Career Service shall include:
occupational groups. A candidate for promotion should, however,
have previously passed the examination for that level. (1) Elective officials and their personal or confidential staff;

(2) Secretaries and other officials of Cabinet rank who hold their
positions at the pleasure of the President and their personal or
EO 292 (1987), Book IV, Title XVI, chapter 2, section 6
confidential staff(s);
SECTION 6. Undersecretaries.—The Secretary shall be assisted by two
(3) Chairman and members of commissions and boards with fixed
(2) Undersecretaries, at least one of whom must belong to the career
terms of office and their personal or confidential staff;
executive service. One Undersecretary shall supervise internal
operations while the other Undersecretary shall handle the liaison (4) Contractual personnel or those whose employment in the
between the Secretary and the attached agencies of the Department. government is in accordance with a special contract to undertake a
specific work or job, requiring special or technical skills not available
in the employing agency, to be accomplished within a specific
3. Other Career Officers appointed by the President period, which in no case shall exceed one year, and performs or
accomplishes the specific work or job, under his own responsibility
Rep. Act No. 7157, section 14, 16 (1991). with a minimum of direction and supervision from the hiring agency;
Section 14.  Initial Appointment of Foreign Service Officers.  – and
Consistent with the goal of developing and strengthening the Career (5) Emergency and seasonal personnel.

Foreign Service Corps, recruitment into the ranks of foreign service
officers shall be exclusively through open competitive examinations to
determine the competence, fitness and aptitude of candidates for
foreign service work. No person shall be eligible for appointment as a
foreign service officers unless he has passed these examinations and
demonstrated his loyalty to the Republic of the Philippines and adheres
to the principles of the Constitution. The President shall extend initial
appointments of foreign service officers exclusively from the list
submitted by the Secretary containing the names of those who passed
the examinations. Such initial appointments shall be to the lowest rank
of foreign service officer, class IV. Any person who, after having passed
 1. Confidential
EO 292, Book V Title I Subtitle A Chapter 3, Sec. 12(9)
SEC. 12. Powers and Functions. — The Commission shall have the
following powers and functions: (9) Declare positions in the Civil Service
as may properly be primarily confidential, highly technical or policy
determining;
2. Other Presidential Appointees
3. Project Employees
III. Modes of Selection of Public Officers
A. Election
BP 881, Section 2 (Omnibus Election Code of the Philippines)
Section 2. Applicability. - This Code shall govern all election of public
officers and, to the extent appropriate, all referenda and plebiscites.
B. Appointment
1. Appointment vs. Designation
2. Appointing Power
EO 292 Book III, Title I, Chapter 1, section 5(2)
Section 5.  Definitions of Terms.  - As used in this title, the following
shall be construed thus:  (2) Appointing officer is the person or body
authorized by law to make appointments in the Philippine Civil Service.  SECTION 16. The President shall nominate and, with the consent of the
EO 292 Book III, Title I, Chapter 10, Section 65, 67
Section 65. Liability of Appointing Authority. - No person employed
in the Civil Service in violation of the Civil Service Law and rules shall be
entitled to receive pay from the government; but the appointing
authority responsible for such unlawful employment shall be personally
liable for the pay that would have accrued had the employment been
lawful, and the disbursing officials shall make payment to the employee
of such amount from the salary of the officers so liable. 
Section 67.  Penal Provision.  - Whoever makes any appointment or
employs any person in violation of any provision of this Title or the rules
made thereunder or whoever commits fraud, deceit or intentional
misrepresentation of material facts concerning other civil service
matters, or whoever violates, refuses or neglects to comply with any of
such provisions or rules, shall upon conviction be punished by a fine not
exceeding one thousand pesos or by imprisonment not exceeding six
(6) months, or both such fine and imprisonment in the discretion of the
court. 
3. Types of Appointment in the Career Service
a. Permanent or Temporary based on Qualification
EO 292 Book V, Title I, Subtitle A, Chapter 5, section 27
Section 27.  Employment Status. - Appointment in the career service
shall be permanent or temporary. 
(1) Permanent status. A permanent appointment shall be issued to a
person who meets all the requirements for the positions to which he
is being appointed, including the appropriate eligibility prescribed,
in accordance with the provisions of law, rules and standards
promulgated in pursuance thereof. 
(2) Temporary appointment. In the absence of appropriate eligibles
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. 
b. Provisional Appointments (Defunct Category, exc as to
Teachers)
C. Appointment by the President
EO 292 Book III, Title I, Chapter 5-Power of Appointment, section
16
Section 16. Power of Appointment. - The President shall exercise the
power to appoint such officials as provided for in the Constitution and
laws. 
1. Requires CA Confirmation or Not
Constitution (1987), Article VII, Sec. 16, 1st to 3rd sentence
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government
whose appointments are not otherwise provided for by law, and those
whom he may be authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until after disapproval by the
Commission on Appointments or until the next adjournment of the
Congress.
2. If CA Confirmation Required: Regular or Ad Interim
Constitution (1987), Article VII, Sec. 16, last sentence (supra)
3. Prohibition of Lame-Duck / Midnight Appointments;
Exceptions
Constitution (1987), Article VII, Sec. 15
SECTION 15. Two months immediately before the next presidential
elections and up to the end of his term, a President or Acting President
shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will prejudice
public service or endanger public safety.

4. Temporary Designations; Acting Appointments

EO 292 Book III, Title I, Chapter 5, section 17

Section 17. Power to Issue Temporary Designation. -  

(1) The President may temporarily designate an officer already in the

government service or any other competent person to perform the
functions of an office in the executive branch, appointment to which
is vested in him by law, when: (a) the officer regularly appointed to
the office is unable to perform his duties by reason of illness,
absence or any other cause; or (b) there exists a vacancy; 

(2) The person designated shall receive the compensation attached to

the position, unless he is already in the government service in which
case he shall receive only such additional compensation as, with his
existing salary, shall not exceed the salary authorized by law for the
position filled. The compensation hereby authorized shall be paid
out of the funds appropriated for the office or agency concerned.

(3) In no case shall a temporary designation exceed one (1) year. 

5. Made by Acting President or Not

Constitution (1987), Article VII, Sec. 14

SECTION 14. Appointments extended by an Acting President shall

remain effective, unless revoked by the elected President within ninety
days from his assumption or reassumption of office.



IV. Qualifications and Eligibility
A. Dis/Qualifications, In General
Constitution (1987), article III, section 5, last sentence
SECTION 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination
or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
B. Dis/QualificationsforAppointiveOfficer,InGeneral
1. Persons who may not be appointed
Constitution (1987), art. IX-B, section 6-7
SECTION 6. No candidate who has lost in any election shall, within one
year after such election, be appointed to any office in the Government
or any government-owned or controlled corporations or in any of their
subsidiaries.
SECTION 7. No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his
tenure.
Constitution (1987), article XVI, section 5(4)
SECTION 5.  (4) No member of the armed forces in the active service
shall, at any time, be appointed or designated in any capacity to a
civilian position in the Government including government-owned or
controlled corporations or any of their subsidiaries.
EO 292 BOOK V/Title I/Subtitle A/Chapter 7, section 54, 59
Section 54. Limitation on Appointment. -  
(1) No elective official shall be eligible for appointment or designation
in any capacity to any public office or position during his tenure.  corporations and their subsidiaries.
(2) No candidate who has lost in any election shall, within one year
after election, be appointed to any office in the Government or any
government-owned or controlled corporations or in any of its
subsidiaries.  SECTION 7. No elective official shall be eligible for appointment or
(3) Unless otherwise allowed by law or by the primary functions of his
position, no appointive official shall hold any other office or
employment in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.
Section 59. Nepotism. -
(1) All appointments in the national, provincial, city and municipal
governments or in any branch or instrumentality thereof, including
government-owned or controlled corporations, made in favor of a
relative of the appointing or recommending authority, or of the
chief of the bureau or office, or of the persons exercising immediate
supervision over him, are hereby prohibited. 
As used in this Section, the word "relative" and members of the
family referred to are those related within the third degree either or
consanguinity or of affinity.
(2) The following are exempted from the operation of the rules on
nepotism: (a) persons employed in a confidential capacity, (b)
teachers, (c) physicians, and (d) members of the Armed Forces of
the Philippines: Provided, however, That in each particular instance
full report of such appointment shall be made to the Commission. 
The restriction mentioned in subsection (1) shall not be applicable
to the case of a member of any family who, after his or her
appointment to any position in an office or bureau, contracts
marriage with someone in the same office or bureau, in which event
the employment or retention therein of both husband and wife may
be allowed. 
(3) In order to give immediate effect to these provisions, cases of
previous appointments which are in contravention hereof shall be
corrected by transfer, and pending such transfer, no promotion or
salary increase shall be allowed in favor of the relative or relatives
who are appointed in violation of these provisions. 
2. Prohibition on Holding Multiple Offices
Constitution (1987), Article VII, Section 13
SECTION 13. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or employment
during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business, or
be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth
civil degree of the President shall not during his tenure be appointed as
members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices, including government-owned or controlled
Constitution (1987), art. IX-B, section 7.
designation in any capacity to any public office or position during his
tenure.
EO Book V, Title I, Subtitle A, Chapter 7, section 54(3) (supra)
 C. Dis/Qualifications for Appointive Office in the Non-Career
Service
Constitution (1987), article VIII, section 7
SECTION 7.
(1) No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the
Philippines. A Member of the Supreme Court must be at least forty
years of age, and must have been for fifteen years or more a judge
of a lower court or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower
courts, but no person may be appointed judge thereof unless he is
a citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Constitution (1987), article IX-B, section 1(1)
SECTION 1. (1) The Civil Service shall be administered by the Civil
Service Commission composed of a Chairman and two Commissioners
who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, with proven capacity
for public administration, and must not have been candidates for any
elective position in the elections immediately preceding their
appointment.
Constitution (1987), article IX-C, section 1(1)
SECTION 1. (1) There shall be a Commission on Elections composed of
a Chairman and six Commissioners who shall be natural-born citizens of
the Philippines and, at the time of their appointment, at least thirty-five
years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be
Members of the Philippine Bar who have been engaged in the practice
of law for at least ten years.
Constitution (1987), article IX-D, section 1(1)
SECTION 1. (1) There shall be a Commission on Audit composed of a
Chairman and two Commissioners, who shall be natural-born citizens of
the Philippines and, at the time of their appointment, at least thirty-five
years of age, certified public accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who have been
engaged in the practice of law for at least ten years, and must not have
been candidates for any elective position in the elections immediately
preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.
Constitution (1987), article XI, section 8
SECTION 8. The Ombudsman and his Deputies shall be natural-born
citizens of the Philippines, and at the time of their appointment, at least
forty years old, of recognized probity and independence, and members
of the Philippine Bar, and must not have been candidates for any
elective office in the immediately preceding election. The Ombudsman
must have for ten years or more been a judge or engaged in the
practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications
and prohibitions as provided for in Section 2 of Article IX-A of this
Constitution.
Constitution (1987), article XII, section 20
SECTION 20. The Congress shall establish an independent central
monetary authority, the members of whose governing board must be
natural-born Filipino citizens, of known probity, integrity, and patriotism,
the majority of whom shall come from the private sector. They shall also
be subject to such other qualifications and disabilities as may be
prescribed by law. The authority shall provide policy direction in the
areas of money, banking, and credit. It shall have supervision over the
operations of banks and exercise such regulatory powers as may be
provided by law over the operations of finance companies and other
institutions performing similar functions.
Constitution (1987), article XIII, section 17
SECTION 17.
(1) There is hereby created an independent office called the
Commission on Human Rights.
(2) The Commission shall be composed of a Chairman and four
Members who must be natural-born citizens of the Philippines and a
majority of whom shall be members of the Bar. The term of office
and other qualifications and disabilities of the Members of the
Commission shall be provided by law.
(3) Until this Commission is constituted, the existing Presidential
Committee on Human Rights shall continue to exercise its present
functions and powers.
(4) The approved annual appropriations of the Commission shall be
automatically and regularly released.
D. Dis/Qualifications of Appointive Officers in the Career
Service
1. Principles
EO 292 Book V/Title I/Subtitle A, section 21 (1-3, 5), section 26, 1st
para.
SECTION 21.  Recruitment and Selection of Employees.—(1)
Opportunity for government employment shall be open to all
qualified 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 positions.
(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.
(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.
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.
2. Qualification Standards
EO 292 Book V/Title I/Subtitle A/Chapter 5, section 22
Section 22. Qualification Standards. -  follows:
(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. 
3. Eligibility for 1st and 2nd Level Career Service Positions
EO 292 Book V/Title I/Subtitle A, section 5(8); 7, 1st par.; section
26, 1st para
Section 5.  Definitions of Terms.  - As used in this title, the following
shall be construed thus:  (8) Eligible refers to a person who obtains a
passing grade in a civil service examination or is granted a civil service
eligibility and whose name is entered in the register of eligibles.  well as personnel and transportation of examination materials which
Section 7. Career Service. - The Career Service shall be characterized
by (1) entrance based on merit and fitness to be determined as far as
practicable by competitive examination, or based on highly technical
qualifications; (2) opportunity for advancement to higher career
positions; and (3) security of tenure. 
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. 
a. Civil Service Examinations
EO 292 Book V/Title I/Subtitle A, section 5(9), 8, 12(7-8), 21(7- 8),
23-25, 61-62
Section 5.  Definitions of Terms.  - As used in this title, the following
shall be construed thus:  (9) Examination refers to a civil service
examination conducted by the Commission and its regional offices or
by other departments or agencies with the assistance of the
Commission, or in coordination or jointly with it, and those that it may
delegate to departments and agencies pursuant to this Title, or those
that may have been delegated by law.
Section 8. Classes of Positions in the Career Service. -
(1) Classes of positions in the career service appointment to which
requires examinations shall be grouped into three major levels as
 
(a) The first level shall include clerical, trades, crafts, and custodial
service positions which involve non-professional or
subprofessional 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. 
(2) 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. 
(3) Within the same level, no civil service examination shall be required
for promotion to a higher position in one or more related
occupation groups. A candidate for promotion should, however,
have previously passed the examination for that level. 
SECTION 12.  Powers and Functions.—The Commission shall have the
following powers and functions:
(7) Control, supervise and coordinate Civil Service examinations. Any
entity or official in government may be called upon by the
Commission to assist in the preparation and conduct of said
examinations including security, use of buildings and facilities as
shall be exempt from inspection regulations;
(8) Prescribe all forms for Civil Service examinations, appointments,
reports and such other forms as may be required by law, rules and
regulations;
SECTION 21. Recruitment and Selection of Employees.—
(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 non-eligibles 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 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 61.  Examining Committee, Special Examiners and Special
Investigators.—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 committees,
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.
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.
SECTION 62. Fees.—The Commission shall collect and charge fees for
civil service examinations, certifications of civil service ratings, service
records, and other civil service matters, training courses, seminars,
workshops in personnel management and other civil service matters.
For this purpose, the Commission shall prescribe standard and
reasonable rates for such examinations, certifications, training courses,
seminars, and workshops: Provided, That no examination fees shall be
collected in examinations given for the selection of scholars.
b. Other Bases for Eligibility
Rep. Act No. 1080 (1954) AN ACT DECLARING THE BAR AND
BOARD EXAMINATIONS AS CIVIL SERVICE EXAMINATIONS
Section 1. The bar examinations and the examinations given by the
various boards of examiners of the Government are declared as civil
service examinations, and shall, for purposes of appointment to
positions in the classified service the duties of which involve knowledge
of the respective professions, except positions requiring highly
specialized knowledge not covered by the ordinary board
examinations, be considered as equivalent to the first grade regular
examination given by the Bureau of Civil Service if the profession
requires at least four years of study in college and the person has
practiced his profession for at least two years, and as equivalent to the
second grade regular examination if the profession requires less than
four years of college study.
Sec. 2. The Commissioner of Civil Service shall be furnished by the
Clerk of the Supreme Court and the Secretary of the Board of
Examiners a list of the successful candidates in the respective bar or
board examinations with their general averages, and preference shall
be given to those obtaining the highest ratings in making
appointments: Provided, That for those who have already passed the
corresponding bar or board examinations, the eligibility shall be
deemed to commence from the approval of this Act.
Sec. 3. The Commissioner of Civil Service shall promulgate the rules
and regulations to implement the provisions of this Act.
Sec. 4. The benefits granted under this Act shall not prescribe, the
provisions of civil service law or regulations notwithstanding.
Sec. 5. This Act shall take effect upon its approval. Approved: June 15,
1954
Rep. Act No. 6850 (1990) AN ACT TO GRANT CIVIL SERVICE
ELIGIBILITY UNDER CERTAIN CONDITIONS TO GOVERNMENT
EMPLOYEES APPOINTED UNDER PROVISIONAL OR TEMPORARY
STATUS WHO HAVE RENDERED A TOTAL OF SEVEN (7) YEARS OF
EFFICIENT SERVICE, AND FOR OTHER PURPOSES
Section 1.  All government employees as of the approval of this Act
who are holding career civil service positions appointed under
provisional or temporary status who have rendered at least a total of
seven (7) years of efficient service may be granted the civil service
eligibility that will qualify them for permanent appointment to their
present positions.
The Civil Service Commission shall formulate performance evaluation
standards in order to determine those temporary employees who are
qualified to avail themselves of the privilege granted under this Act.
The civil service eligibility herein granted may apply to such other
positions as the Civil Service Commission may deem appropriate.
Section 2. The Civil Service Commission shall promulgate the rules and
regulations to implement this Act consistent with the merit and fitness
principle within ninety (90) days after its effectivity.
Section 3. All laws, decrees and executive orders inconsistent with this
Act are hereby repealed or modified accordingly.
Section 4. This Act shall take effect fifteen (15) days from the date of its
publication in at least two (2) newspapers of general circulation.
Approved: February 8, 1990.
4. Other Career Services
Constitution (1987), article XVI, section 4
SECTION 4. The Armed Forces of the Philippines shall be composed of
a citizen armed force which shall undergo military training and serve, as
may be provided by law. It shall keep a regular force necessary for the
security of the State.
V. Process of Appointment
A. Appointments by the President
Constitution (1987), Article VII Sec. 15-16
SECTION 15. Two months immediately before the next presidential
elections and up to the end of his term, a President or Acting President
shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will prejudice
public service or endanger public safety.
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government
whose appointments are not otherwise provided for by law, and those
whom he may be authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until after disapproval by the
Commission on Appointments or until the next adjournment of the
Congress.
1. Appointments requiring CA confirmation
Constitution 1987, Article VII, Sec. 16, 1st and last para.
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this
Constitution.
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until after disapproval by the
Commission on Appointments or until the next adjournment of the
Congress.
Constitution (1987), Article VI, Section 18
SECTION 18. There shall be a Commission on Appointments consisting
of the President of the Senate, as ex officio Chairman, twelve Senators
and twelve Members of the House of Representatives, elected by each
House on the basis of proportional representation from the political
parties and parties or organizations registered under the party-list
system represented therein. The Chairman of the Commission shall not
vote, except in case of a tie. The Commission shall act on all
appointments submitted to it within thirty session days of the Congress
from their submission. The Commission shall rule by a majority vote of
all the Members.
2. Presidential Appointments not requiring CA
confirmation
Constitution 1987, Article VII, Sec. 16, 2nd and 3rd para.
SECTION 16. He shall also appoint all other officers of the Government
whose appointments are not otherwise provided for by law, and those
whom he may be authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
B. Appointments in the CareerService
1. Screening of Candidates
Executive Order No. 292, BOOK V/Title I/Subtitle A/Chapter 5,
section 21(4)
SECTION 21.  Recruitment and Selection of Employees.— (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.
2. Issuance of Appointment
Executive Order No. 292, Book V/Title I/Subtitle A, section 27
SECTION 27. Employment Status.—Appointment in the career service
shall be permanent or temporary.
(1) Permanent status.—A permanent appointment shall be issued to a
person who meets all the requirements for the positions to which he
is being appointed, including the appropriate eligibility prescribed,
in accordance with the provisions of law, rules and standards
promulgated in pursuance thereof.
(2) Temporary appointment.—In the absence of appropriate eligibles
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.
3. Acceptance by the Appointee; Oath
Mechem, §§247-252
Constitution (1987), article IX-C, section 4
SECTION 4. The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of all franchises or
permits for the operation of transportation and other public utilities,
media of communication or information, all grants, special privileges, or
concessions granted by the Government or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled
corporation or its subsidiary. Such supervision or regulation shall aim to
ensure equal opportunity, time, and space, and the right to reply,
including reasonable, equal rates therefor, for public information
campaigns and forums among candidates in connection with the
objective of holding free, orderly, honest, peaceful, and credible
elections.

EO 292 (1987), Book I, chapter 10, section 40
SECTION 40.  Oaths of Office for Public Officers and Employees.—
All public officers and employees of the government including every
member of the armed forces shall, before entering upon the discharge
of his duties, take an oath or affirmation to uphold and defend the
Constitution; that he will bear true faith and allegiance to it; obey the
laws, legal orders and decrees promulgated by the duly constituted
authorities; will well and faithfully discharge to the best of his ability the
duties of the office or position upon which he is about to enter; and
that he voluntarily assumes the obligation imposed by his oath of office,
without mental reservation or purpose of evasion. Copies of the oath
shall be deposited with the Civil Service Commission and the National
Archives.
4. Certification by the Civil Service Commission
C. Objections to Appointment
1. Appeal by Next-in-Rank Officer
Executive Order No. 292, BOOK V/Title I/Subtitle A/Chapter 5-
Personnel Policies and Standards], section 21(6)
SECTION 21.  Recruitment and Selection of Employees.— (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.
2. Quo Warranto?
D. De Jure vs. De Facto Officers
Recommended reading: Mechem, Book I, chapter viii, §§315-332
VI. Personnel Actions
Exec. Ord. No. 292 (1987), Book V/Title I/Subtitle A/Chapter 5,
section 26, 1st - 2nd paras.
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, re-employment, 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.
A. Personnel Actions, In General
1. Authority
Executive Order No. 292 (1987), Book IV, Chapter 2, Section 7(6)
SECTION 7.  Powers and Functions of the Secretary.—The Secretary
shall: (6) Appoint all officers and employees of the Department except
those whose appointments are vested in the President or in some other
appointing authority; Provided, However, that where the Department is
regionalized on a department-wide basis, the Secretary shall appoint
employees to positions in the second level in the regional offices as
defined in this Code;
Executive Order No. 292 (1987), Book IV, Chapter 6, Section 30
Section 30. Authority to Appoint and Discipline.—The head of
bureau or office shall appoint personnel to all positions in his bureau or
office, in accordance with law. In the case of the line bureau or office,
the head shall also appoint the second level personnel of the regional
offices, unless such power has been delegated. He shall have the
authority to discipline employees in accordance with the Civil Service
Law.
2. Standards
Executive Order No. 292 (1987), Book IV, Chapter 5, section 22
SECTION 22.  Integration of Field Service.—Except as otherwise
provided by law and when the needs of the service so require, the
department or agency shall organize an integrated regional office on a
department or agency-wide basis.
B. Personnel Actions Involving Issuance of Appointment
1. Original Appointment
2017 Omnibus Rules on Appointments and Other Human Resource
Actions, Rule IV, Sec. 11(a).
Sec 11. Nature of Appointment. The nature of appointment shall be,
as follows: (a) Original – the initial entry into the career or non-career
service.
Exec. Ord. No. 292 (1987), Book III, Title I, Chapter 5, section 26,
2nd para (1)
SECTION 26. Personnel Actions.—
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, re-employment, detail, reassignment, demotion,
and separation. All personnel actions shall be in accordance with such
rules, standards, and regulations as may be promulgated by the
(3)
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.
(4)
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
(5)
appealable to the Commission.
2017 Omnibus Rules on Appointments and Other Human Resource
Actions, Rule V, Section 14
qualified and with the appropriate civil service eligibility shall be
considered for promotion.
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.
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.
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

2.Promotion
a. In General
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section
26(2)
Section 26. (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.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 2, section
8(3)
SECTION 8. Classes of Positions in the Career Service (3) 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.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section
21(1-6)
SECTION 21. Recruitment and Selection of Employees.—
(1) Opportunity for government employment shall be open to all
qualified 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 positions.
(2) When a vacancy occurs in a position in the first level of the Career
Service as defined in Section 8, the employees in the department
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,
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.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section
31-32
SECTION 31.  Career and Personnel Development Plans.—Each
department or agency shall prepare a career and personnel
development plan which shall be integrated into a national plan by the
Commission. Such career and personnel development plans which shall
include provisions on merit promotions, performance evaluation, in-
service training, including overseas and local scholarships and training
grants, job rotation, suggestions and incentive award systems, and such
other provisions for employees’ health, welfare, counseling, recreation
and similar services.
SECTION 32.  Merit Promotion Plans.—Each department or agency
shall establish merit promotion plans which shall be administered in
accordance with the provisions of the Civil Service law and the rules,
regulations and standards to be promulgated by the Commission. Such
plans shall include provisions for a definite screening process, which
may include tests of fitness, in accordance with standards and
guidelines set by the Commission. Promotion Boards may be organized
subject to criteria drawn by the Commission.

Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 8, section
59(3)
SECTION 59. Nepotism (3) In order to give immediate effect to these
provisions, cases of previous appointments which are in contravention
hereof shall be corrected by transfer, and pending such transfer, no
promotion or salary increase shall be allowed in favor of the relative or
relatives who were appointed in violation of these provisions.
2017 Omnibus Rules on Appointments and Other Human Resource
Actions, Rule IV, Section 11(b)
b. Next-in-Rank “Rule”
c. Automatic Reversion Rule
3. Transfer
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section
26(3)
SECTION 26.  Personnel Actions.—(3) Transfer.—A transfer is a
movement from one position to another which is of equivalent rank,
level, or salary without break in service involving the issuance of an
appointment.
It shall not be considered disciplinary when made in the interest of
public service, in which case, the employee concerned shall be
informed of the reasons therefor. If the employee believes that there is
no justification for the transfer, he may appeal his case to the
Commission.
The transfer may be from one department or agency to another or from
one organizational unit to another in the same department or agency:
Provided, however, That any movement from the non-career service to
the career service shall not be considered a transfer.
2017 Omnibus Rules, Rule IV, Section 11(c)
4. Reemployment
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section
26(5)
SECTION 26.  Personnel Actions.—(5) Reemployment.—Names of
persons who have been appointed permanently to positions in the
career service and who have been separated as a result of reduction in
force or reorganization, shall be entered in a list from which selection
for reemployment shall be made.
2017 Omnibus Rules, Rule IV, Section 11(d)
5. Reemployment [RE APPOINTMENT]
2017 Omnibus Rules, Rule IV, Section 11(e)
6. Reinstatement (to comparable position)
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26
(4)
SECTION 26.  Personnel Actions.—(4) Reinstatement.—Any person
who has been permanently appointed to a position in the career service
and who has, through no delinquency or misconduct, been separated
therefrom, may be reinstated to a position in the same level for which
he is qualified.
2017 Omnibus Rules, Rule IV, Section 11(f), 1st para.
7. Demotion
2017 Omnibus Rules, Rule IV, Section 11(g)
8. Reclassification
2017 Omnibus Rules, Rule IV, Section 11(h)
C. Other Personnel Actions
1. Generally
2017 Omnibus Rules, Rule IV, Section 12
2. Reinstatement (to same position)
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5
SECTION 26.  Personnel Actions.—(4) Reinstatement.—Any person
who has been permanently appointed to a position in the career service
and who has, through no delinquency or misconduct, been separated
therefrom, may be reinstated to a position in the same level for which
he is qualified.
D. Other Personnel Actions Requiring Office Order
1. Reassignment
a. In General
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5
SECTION 26.  Personnel Actions.—(7) Reassignment.—An employee
may be reassigned from one organizational unit to another in the same
agency: Provided, That such reassignment shall not involve a reduction
in rank, status or salary.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 8, section 58
SECTION 58.  Prohibition on Detail or Reassignment.—No detail or
reassignment whatever shall be made within three (3) months before
any election.
2017 Omnibus Rules, Rule IV, Section 13(a)(1-2, 4-5)
 b. Regularity of Reassignment
2017 Omnibus Rules, Rule IV, Section 13(a)(3)
2. Detail
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5
SECTION 26.  Personnel Actions.—(6) Detail.—A detail is the
movement of an employee from one agency to another without the
issuance of an appointment and shall be allowed, only for a limited
period in the case of employees occupying professional, technical and
scientific positions. If the employee believes that there is no justification
for the detail, he may appeal his case to the Commission. Pending
appeal, the decision to detail the employee shall be executory unless
otherwise ordered by the Commission.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 8, section 58
SECTION 58.  Prohibition on Detail or Reassignment.—No detail or
reassignment whatever shall be made within three (3) months before
any election.
2017 Omnibus Rules, Rule IV, Section 13(b)(1-4,10)(5-9 optional)
3. Designation
Constitution (1987), art. IX-B, section 6-7
SECTION 6. No candidate who has lost in any election shall, within one
year after such election, be appointed to any office in the Government
or any government-owned or controlled corporations or in any of their
subsidiaries.
SECTION 7. No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his
tenure.
Unless otherwise allowed by law or by the primary functions of his
position, no appointive official shall hold any other office or
employment in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.
Constitution (1987), article XVI, section 5(4)
SECTION 5. (4) No member of the armed forces in the active service
shall, at any time, be appointed or designated in any capacity to a
civilian position in the Government including government-owned or
controlled corporations or any of their subsidiaries.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 7, section 54
SECTION 54. Limitation on Appointment.—
(1) No elective official shall be eligible for appointment or designation
in any capacity to any public office or position during his tenure.
(2) No candidate who has lost in any election shall, within one year
after election, be appointed to any office in the Government or any
government-owned or controlled corporations or in any of its
subsidiaries.
(3) Unless otherwise allowed by law or by the primary functions of his
position, no appointive official shall hold any other office or
employment in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.
2017 Omnibus Rules, Rule IV, Section 13(c)(up to 1-4 required) (5-8
Optional)
Executive Order No. 292 (1987), Book IV, Chapter 6, Section 32-33.
SECTION 32.  Acting Head of Bureau or Office.—In case of the
absence or disability of the head of a bureau or office, his duties shall
be performed by the assistant head. When there are two or more
assistant heads, the Secretary shall make the designation. In the
absence of an assistant head, the Secretary may designate any officer
or employee of the bureau or office as acting head without additional
compensation.
SECTION 33.  Performance of Duties of Subordinate Officers
Temporarily Absent.—In case of the temporary absence or disability of
any subordinate officer or employee in any bureau or office, its head
may, subject to existing laws, rules and regulations, designate any other
subordinate officer or employee within the organization to perform
temporarily the duties of the absent or disabled person.
VII. Separation from the Service
A. Voluntary Separation from Service
1. Resignation
2017 Omnibus Rules on Appointments and Other Human Resource
Actions, Rule X, Section 104
2. Filing of Certificate of Candidacy a. Appointive Officers
BP 881, Section 66.  Candidates holding appointive office or
positions. - Any person holding a public appointive office or position,
including active members of the Armed Forces of the Philippines, and
officers and employees in government-owned or controlled
corporations, shall be considered ipso facto resigned from his office
upon the filing of his certificate of candidacy.
BP 881 (1985), section 39, last para. Any elective or appointive
municipal, city, provincial or national official or employee, or those in
the civil or military service, including those in government-owned or
controlled corporations, shall be considered automatically resigned
upon the filing of certificate of candidacy for a barangay office.
b. (Non)Applicability to Elective Officers
BP 881, Section 67. Candidates holding elective office. - Any elective
official, whether national or local, running for any office other than the
one which he is holding in a permanent capacity, except for President
and Vice-President, shall be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy.
BP 881 (1985), section 39, last para. Any elective or appointive
municipal, city, provincial or national official or employee, or those in
the civil or military service, including those in government-owned or
controlled corporations, shall be considered automatically resigned
upon the filing of certificate of candidacy for a barangay office.
Rep. Act No. 8436, section 11 (3rd para., 1st proviso)
Section 11.  Official ballot.  - For this purpose, the deadline for the
filing of certificate of candidacy/petition for registration/manifestation
to participate in the election shall not be later than one hundred twenty
(120) days before the elections: Provided, That, any elective official,
whether national or local, running for any office other than the one
which he/she is holding in a permanent capacity, except for
president and vice-president, shall be deemed resigned only upon
the start of the campaign period corresponding to the position for
which he/she is running: Provided, further, That, unlawful acts or
omissions applicable to a candidate shall take effect upon the start of
the aforesaid campaign period: Provided, finally, That, for purposes of
the May 11, 1998 elections, the deadline for filing of the certificate of
candidacy for the positions of President, Vice President, Senators and
candidates under the Party-List System as well as petitions for
registration and/or manifestation to participate in the Party-List System
shall be on February 9, 1998 while the deadline for the filing of
certificate of candidacy for other positions shall be on March 27, 1998.
Rep. Act No. 9006, section 14.
Section 14.  Repealing Clause.  - Section  67  and  85  of the Omnibus
Election Code (Batas Pambansa Bldg. 881) and Sections  10  and  11  of
Republic Act No. 6646 are hereby repealed. As a consequence, the
first  proviso  in the third paragraph of  Section 11 of Republic Act No.
8436  is rendered ineffective. All laws, presidential decrees, executive
orders, rules and regulations, or any part thereof inconsistent with the
provisions of this Act are hereby repealed or modified or amended
accordingly.
3. Abandonment
4. Acceptance of Incompatible Office
5. Early Retirement and Voluntary Separation
Pres. Dec. No. 1146 as amended by Rep. Act No. 8291 (1997),
section 13-A
SEC. 13-A. Conditions for Entitlement. - A member who retires from
the service shall be entitled to the retirement benefits enumerated in
paragraph (a) of Section 13 hereof: Provided, That:
(1) he has rendered at least fifteen years of service;
(2) he is at least sixty (60) years of age at the time of retirement; and
(3) he is not receiving a monthly pension benefit from permanent total
disability.
Recommended reading: Public-Private Partnership Governing
Board, Resolution No. 2016-06-04, June 21, 2016, §8.2-8.3
8.2 For All Affected Personnel: Avail of retirement or separation
benefits.
8.2.1. Affected Personnel may opt to retire, or volunteer to
be separated from the service, and avail themselves of the benefits
mentioned in this sub-section.
8.2.2. Affected Personnel who opt to retire or be voluntarily
separated shall be entitled to receive the retirement or separation
benefits consistent with all existing applicable laws. An incentive plan,
over and above the applicable retirement or separation benefits
provided in existing applicable laws, may also be provided for in the
PPP contract, the costs of which will be shouldered by the Project
Proponent.
8.2.3. Subsequent re-entry in government service of Affected
Personnel who opted to retire or be voluntarily separated under this
sub-section shall be considered as new entry in the service.
8.3 For All Affected Personnel: Transfer of employment to the
Project Proponent.
8.3.1. Affected Personnel who opt to transfer to the Project
Proponent shall be deemed separated from the government service.
8.3.2. The Project Proponent shall:
a. Hire Affected Personnel for at least six (6) months under
probationary status or as regular employee, at the option
of the Project Proponent; provided, that Affected
Personnel hired as probationary employees shall attain
regular status at the end of such probationary period and
upon compliance with agreed employment standards;
b. Provide Affected Personnel remuneration no less than
their basic salary and allowances (i.e. Personal Economic
Relief Allowance) at the time of transfer; and
c. Fulfill its legal obligations under Republic Act No. 7699
(Social Security Portability Law).
6. Estoppel
B. Involuntary Separation
1. Abolition of Public Office
2. Reorganization
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 29
SECTION 29.  Reduction in Force.—Whenever it becomes necessary
because of lack of work or funds or due to a change in the scope or
nature of an agency’s program, or as a result of reorganization, to
reduce the staff of any department or agency, those in the same group
or class of positions in one or more agencies within the particular
department or agency wherein the reduction is to be effected, shall be
reasonably compared in terms of relative fitness, efficiency and length
of service, and those found to be least qualified for the remaining
positions shall be laid off.
Const. (1987), article VIII, Section 2, 2nd para.
SECTION 2. No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.
Rep. Act No. 6656, sections 2-5
Section 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:
(a) Where there is a significant increase in the number of positions in
the new staffing pattern of the department or agency concerned;
(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;
(e) Where the removal violates the order of separation provided in
Section 3 hereof.
Section 3.  In the separation of personnel pursuant to reorganization,
the following order of removal shall be followed:
(a) Casual employees with less than five (5) years of government
service;
(b) Casual employees with five (5) years or more of government service;
(c) Employees holding temporary appointments; and
(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.
Section 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.
Section 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.
3. Death or Permanent Disability
Const. (1987), article VII, section 8
SECTION 8. In case of death, permanent disability, removal from office,
or resignation of the President, the Vice-President shall become the
President to serve the unexpired term. In case of death, permanent
disability, removal from office, or resignation of both the President and
Vice-President, the President of the Senate or, in case of his inability,
the Speaker of the House of Representatives, shall then act as President
until the President or Vice-President shall have been elected and
qualified.
The Congress shall, by law, provide who shall serve as President in case
of death, permanent disability, or resignation of the Acting President.
He shall serve until the President or the Vice-President shall have been
elected and qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.
2017 Omnibus Rules on Appointments and Other Human Resource
Actions, Rule X, Section 106
4. Expiration of Temporary, Coterminous, Contractual, Casual
Employment
5. Compulsory Retirement
Pres. Dec. No. 1146 as amended by Rep. Act No. 8291 (1997),
section 13(b)
SEC. 13. Retirement Benefits. -- (a) Retirement benefits shall be:
(1) the lump sum payment as defined in this Act payable at the time of
retirement plus an old-age pension benefit equal to the basic
monthly pension payable monthly for life, starting upon expiration
of the five-year (5) guaranteed period covered by the lump sum; or
(2) cash payment equivalent to eighteen (18) months of his basic
monthly pension plus monthly pension for life payable immediately
with no five-year (5) guarantee.
(b) Unless the service is extended by appropriate authorities, retirement
shall be compulsory for an employee of sixty-five (65) years of age with
at least fifteen (15) years of service:  Provided,  That if he has less than
fifteen (15) years of service, he may be allowed to continue in the
service in accordance with existing civil service rules and regulations.
2017 Omnibus Rules on Appointments and Other Human Resource
Actions, Rule XII, Sec. 128-129.
Const. (1987), article VIII, section 11.
SECTION 11. The Members of the Supreme Court and judges of lower
courts shall hold office during good behavior until they reached the age
of seventy years or become incapacitated to discharge the duties of
their office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of a
majority of the Members who actually took part in the deliberations on
the issues in the case and voted thereon.
Const. (1987), article XVI, section 5(5)
SECTION 5.(5) Laws on retirement of military officers shall not allow
extension of their service.
Pres. Dec. No. 1638, Section 5, as amended by Pres. Dec. No. 1650.
Sec 5
(a) Upon attaining fifty-six (56) years of age or upon accumulation of
thirty (30) years of satisfactory active service, whichever is later, an
officer or enlisted man shall be compulsorily retired; Provided, That
such officer or enlisted-man who shall have attained fifty-six (56)
years of age with at least twenty (20) years of active service shall be
allowed to complete thirty (30) years of service but not beyond his
sixtieth (60th) birthday; Provided, however, That such military
 personnel compulsorily retiring by age shall have at least twenty
(20) years of active service: Provided, further, That the compulsory
retirement of an officer serving in a statutory position shall be
deferred until completion of the tour of duty prescribed by law;
and, Provided, finally, That the active service of military personnel
may be extended by the President, if in his opinion, such continued
military service is for the good of the service.
(b) Notwithstanding the provisions of Section 5 (a), military personnel in
the active service, who otherwise will retire compulsorily under
Section 1 (b) of Republic Act Numbered Three Hundred Forty, as
amended, during the first, second, third, fourth, fifth, and sixth
calendar years of the effectivity of this Decree, shall be retired
compulsorily under this Decree on the dates they shall complete
and additional period of service of one, two, three, four, five, and
six years, respectively; Provided, That such additional period of
service shall not extend beyond their fifty-sixth (56th) birthday or
completion of thirty (30) years of active service, whichever is later.
Provided, further, That such military personnel who have attained
fifty-six (56) years of age but have not completed thirty (30) years of
active service on the effectivity of this Decree shall be allowed to
complete thirty (30) years of active service but not beyond their
sixtieth (60th) birthday: Provided, finally, That such military
personnel should have completed at least fifteen years of active
service.
6. Reinstatement of Rightful Office-Holder
7. Dropping from the Rolls
2017 Rules on Administrative Cases in the Civil Service (2017
RACCS), Rule 20, Section 107, 1st para (NOTE: The rest of Section
107 is suggested reading)
2017 Rules on Administrative Cases in the Civil Service (2017
RACCS), Rule 20, Section 110
8. Dismissal
2017 Omnibus Rules on Appointments and Other Personnel
Actions, Rule X, Section 105
2017 Omnibus Rules on Appointments and Other Personnel
Actions, Rule XII, Section 127.
9. Criminal Conviction
Revised Penal Code, articles 30-31
Article 30.  Effects of the penalties of perpetual or temporary
absolute disqualification.  - The penalties of perpetual or temporary
absolute disqualification for public office shall produce the following
effects:
1. The deprivation of the public offices and employments which the
offender may have held even if conferred by popular election.
2. The deprivation of the right to vote in any election for any popular
office or to be elected to such office.
3. The disqualification for the offices or public employments and for
the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article shall last during the
term of the sentence.
4. The loss of all rights to retirement pay or other pension for any
office formerly held.
Article 31. Effect of the penalties of perpetual or temporary special
disqualification.  - The penalties of perpetual or temporal special
disqualification for public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession or calling
affected;
2. The disqualification for holding similar offices or employments
either perpetually or during the term of the sentence according to
the extent of such disqualification.
CSC Resolution No. 000400, Feb 04 2000, Valverde, Protacio Jr.
C. Measures to Ensure Continuity of Public Services 1. Hold-
Over Capacity
Exec. Ord. No. 292 (1987), Book IV, Chapter 10,
SECTION 44.  Appointment of Secretaries.—The Secretaries of
Departments shall be appointed by the President with the consent of
the Commission on Appointments, at the beginning of his term of
office, and shall hold office, unless sooner removed, until the expiration
of his term of office, or until their successors shall have been appointed
and qualified.
Rep. Act No. 6975, Section 43 (b)(3), as amended by Rep. Act No.
8551
Section 43.  People's Law Enforcement Board (PLEB).  (b)
Composition and Term of Office. – The PLEB shall be composed of
the following:
"(3) Three (3) other members who are removable only for cause to be
chosen by the local peace and order council from among the respected
members of the community known for their probity and integrity, one
(1) of whom must be a woman and another a member of the Bar, or, in
the absence thereof, a college graduate, or the principal of the central
elementary school in the locality."
Republic Act No. 10149, Section 17, 1st para, proviso and 3rd para,
proviso
Section 17.  Term of Office. - Any provision in the charters of each
GOCC to the contrary notwithstanding, the term of office of each
Appointive Director shall be for one (1) year, unless sooner removed for
cause: Provided, however, That the Appointive Director shall continue
to hold office until the successor is appointed. An Appointive Director
may he nominated by the GCG for reappointment by the President only
if one obtains a performance score of above average or its equivalent
or higher in the immediately preceding year of tenure as Appointive
Director based on the performance criteria for Appointive Directors for
the GOCC.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor. The appointment of a director to fill such vacancy shall be
in accordance with the manner provided in Section 15 of this Act.
Any provision of law to the contrary notwithstanding, all incumbent
CEOs and appointive members of the Board of GOCCs shall, upon
approval of this Act, have a term of office until June 30, 2011, unless
sooner replaced by the President: Provided, however, That the
incumbent CEOs and appointive members of the Board shall continue
in office until the successors have been appointed by the President.

2. Temporary Performance of Duties

Exec Ord. No. 292 (1987), Book IV, Chapter 6, Sections 32-34

SECTION 32.  Acting Head of Bureau or Office.—In case of the

absence or disability of the head of a bureau or office, his duties shall
be performed by the assistant head. When there are two or more
assistant heads, the Secretary shall make the designation. In the
absence of an assistant head, the Secretary may designate any officer
or employee of the bureau or office as acting head without additional
compensation.

SECTION 33.  Performance of Duties of Subordinate Officers

Temporarily Absent.—In case of the temporary absence or disability of
any subordinate officer or employee in any bureau or office, its head
may, subject to existing laws, rules and regulations, designate any other
subordinate officer or employee within the organization to perform
temporarily the duties of the absent or disabled person.

SECTION 34.  Filling of Vacancies.—Vacancies caused by death,

resignation or removal of any officer or subordinate may be temporarily
filled in the same manner as in the case of temporary absence or
disability. The vacancies shall not be filled by permanent appointment
until the expiration of any leave allowable to the predecessor, unless
the exigencies of the service require that the appointment be made
immediately.