Irish Clemen F.

Castillo MEM - B

COMMONWEALTH ACT NO.578

SECTION 1.
Article one hundred fifty-two of act numbered three thousand eight hundred fifteen, known as
Revised Penal Code is amended to read as follows.
Art. 152. Persons in authority------who shall be deemed as such. In applying the provisions of the
preceding and other articles of this code, any person directly vested with jurisdiction,court or
governmental corporation, board or commission shall be deemed a person in authority.
“In applying the provisions of articles one hundred forty-eight and one hundred of this code
teachers,professors, and person charged with the supervision of the public or duly recognized
private schools, colleges and universities,shall be deemed persons in authority.
Section 2.
In order to meet the increasing demand for public elementary instruction and at the same time
comply with the constitutional mandate on public education, a complete revision of public school
system is imperative. Such a revision shall have the following objectives: (a) to simplify, shorten, aid
render more practical and economical both the primary and intermediate courses of instruction so
as to lace the sane within the reach of the largest possible number of school children; (b) to afford
every child of school age adequate facilities to commence and complete at least the primary course
of instruction; (c) to give every child completing the primary course and adequate working
knowledge of rwading and writing fundamentals of arithmetic, geography, Philippine history and
government, and character and civic training; (d) to insure that all children attending the elementary
school shall remain literate and become useful and patriotic citizen.
SECTION 3

The department of Public Instruction shall forthwith make a revision of the elementary school
curriculum so as to effectuate the objectives set forth in a section two of this act and likewise so
adjust the academic school year that the school vacation would coincide as much as possible with
the working season in the Philippines. The revised elementary school curriculum once approved by
the president of the Philippines shall be adopted in all the public school in as soon as practicable
but not later than the commencement of the school year 1941-1942
SECTION 4.
With the approval of the president of the Philippines, the retired age for admission to the public
elementary schools may be raised to not more than nine years and the length of the time required
for the completion of the elementary instruction comprising both primary and intermediate courses
reduce to not less than five years. Any increase that may be approved in the accordance with this
section regarding the minimum age of school children shall not affect those already enrolled before
the school year 1940-1941.
SECTION 5.
No child shall be admitted into the public elementary schools except the condition that he shall
remain in the school until he shall have completed at least the primary course. Compulsory
attendance as herein required may be waived in any one of the following cases: first when the
distance from the school of the child to the nearest schools exceeds three kilometers and the said
school is not conveniently accessible to child considering the means of transportation available.;
second where such child is mentally defective or is physically unable to enter said school, of which
part of certificate of duly licensed physician should be sufficient evidence; third, where on account of
the economic condition of his parents, the child cannot afford to continue in school; and fourth,
when a child transfers to private school.
The parents or guardians or those having control of children herein required to attend
school who fail to keep said children in school without jurisdiction as prescribed in this section shall
be liable to fine of not less than twenty or more than fifty pesos.
SECTION 6.
To accommodate all children qualified to attend the elementary schools as herein provided, the
secretary of Public Instruction may with the approval of the President authorized of holding two or
more complete single session a day or adopt other measure calculated to take care of the largest
number of school children.
SECTION 7.
Commencing the school year 1940-1941 public elementary education (comprising the primary and
intermediate courses) shall be supported by the national government: provided that the chartered
cities shall continue to support all the intermediate classes within their respective jurisdictions,
except that, with the approval of the president the National Government may grant an aid to such
chartered cities as may not be financially able to provide fully for the support of their intermediate
school or classes.
Site for school houses, for primary and intermediate classes shall be acquired by the
municipalities, municipal districts, or chartered cities, as the case may be through purchase or
conditional or absolute donation: Provided that Department of Public Instruction may, with the
approval of the President, of the Philippines waive any requirement for the acquisition of school
sites standard size whenever the same are not available
Matriculation fees in the amount to be determined by the President but not exceeding
two pesos for each pupils enrolled in the intermediate grades may be collected in the municipalities
and municipal districts, the proceeds thereof to accrue to the funds of the national Government to
be expended primarily for the purchase of library books and equipment, and for financing athletic
activities in the intermediate classes.
SECTION 8.
To enable to support the National Government to properly finance the public elementary schools
and meet the burden of their operation as provided in this act from and after July first nineteen
hundred forty, the disposition of the proceeds of the taxes under the Commonwealth Act Numbered
Four hundred and sixty-five known as the Residence Tax Law Shall be as follows:
Of all the taxes collected and remitted to the collector of Internal Revenue as provided in the section
eight of commonwealth act fifty per centum shall be allotted in the following proportions by the said
collector arcing the provinces, chartered cities, municipalities and municipal districts on the basis
population as shown by latest official consensus.
One half to general funds of the provinces. A subprovince shall receive its proportionate share of
the proceeds allotted to the province and the other half to the general funds of the chartered cities
municipalities and municipal districts.
Out of remaining fifty per centum of the proceeds of the said taxes, chartered cities shall continue to
receive the corresponding daire in the school fund and cities, municipalities and municipal districts
to which they under the provision of law in force prior to July first nineteen hundred and forty. The
balance shall accrue to the National Government.

COMMONWEALTH ACT NO. 177

NATIONAL ASSEMBLY
13 NOVEMBER 1936
SECTION 1. 
Subsection (f) of section six hundred and sixty-one of the AdministrativeCode is hereby
amended to read as follows:
“(f) To prepare and certify to the President of the Philippines such rules as may be adapted to the
more effectual carrying out of the provisions and purposes of the Civil Service Law and to the
securing of an efficient administration of the Government within the scope of the Civil Service Law,
such rules to be effective when approved by the President of the Philippines and promulgated in an
executive order.”
SECTION 2. 
Section six hundred and sixty-two of the Administrative Code is hereby amended to read as
follows:
SECTION 662. Matters to be prescribed in civil service rules.— The civil-service rules shall,
among other things, prescribe the conditions which shall govern certification from eligible registers,
appointments to the service, separations therefrom, suspensions, deductions from pay, reductions,
reinstatements, and transfers and shall define the procedure to be followed in such matters. They
shall also contain regulations concerning the hours of labor, the allowance of leave of absence
(including the withholding of salary for leave granted), and the allowance of travel expenses and
half salary of persons entitled thereto — all in conformity with the provisions of this Code. The rules
shall also prohibit any discrimination in the appointment of eligibles by reason of the ratings
obtained in the examination, and the political activity and engaging in any private business,
vocation, or profession, of persons in the civil service.”
SECTION 3. 
Section six hundred and sixty-three of the Administrative Code is hereby amended to read as
follows:
“SEC. 663. Fundamental requirements as to civil service rules.— Any civil service rules promulgated
by the President of the Philippines upon the recommendation of the Commissioner of Civil Service
shall be consistent with the following fundamental requirements:
“(a) As far as practicable open competitive entrance examinations shall always be required and/or
given to test the merit and fitness of applicants for positions now classified or to be classified
hereunder.
“(b) Promotion examinations, competitive or non-competitive, shall be prescribed when practicable.
“(c) A thorough physical examination by a Government physician shall be required of every
applicant for examination in the Civil Service. Persons found to be physically unfit for efficient
service shall be rejected.
“(d) A period of trial service shall be required before appointment or employment is made
permanent.”

SECTION 4. 
 Section six hundred and sixty-six of the Administrative Code is hereby amended to read as
follows:
“SEC. 666. Publication of Official Roster.— From the records kept by the Commissioner of Civil
Service shall be published an Official Roster at intervals determined by the President of the
Philippines.”
SECTION 5. 
Section six hundred and sixty-seven of the Administrative Code is hereby amended to read
as follows:
“SEC. 667. Annual Report of Commissioner of Civil Service.— The annual report of the
Commissioner of Civil Service to the President of the Philippines shall contain an account of the
work performed by the Bureau of Civil Service, a statement of the rules certified to the President of
the Philippines and promulgated by him and the practical effect thereof, to which shall be added
suggestions and recommendations for the effectual maintenance of an efficient and honest civil
service in all the administrative branches of the Government.”
SECTION 6. 
Section six hundred and sixty-eight of the Administrative Code is hereby amended to read
as follows:
“SEC. 668. Persons embraced in Philippine Civil Service.— The Philippine Civil Service shall
embrace all branches and subdivisions of the Government; and appointments therein, except as to
those which are policy-determining, primarily confidential, or highly technical in nature, shall be
made only according to merit and fitness, to be determined as far as practicable by competitive
examination.”
SECTION 7.
 Section six hundred and sixty-nine of the Administrative Code is hereby repealed.
SECTION. 8.
Section six hundred and seventy-one of the Administrative Code is hereby amended to read
as follows:
“SEC. 671. Persons embraced in unclassified service.— The following officers and employees
constitute the unclassified service:
“(a) A secretary, a sergeant-at-arms, and such other officers as may be required and chosen by the
National Assembly in accordance with the Constitution.
“(b) Officers, other than the provincial treasurers and Assistant Directors of Bureaus or Offices,
appointed by the President of the Philippines, with the consent of the Commission on Appointments
of the National Assembly, and all other officers of the Government whose appointments are by law
vested in the President of the Philippines alone.
“(c) Elective officers.
“(d) The Secretaries, technical assistants and private secretaries to the President of the Philippines,
one private secretary and one assistant private secretary to the Vice President of the Philippines,
and those, to the several Heads of Departments.
“(e) The secretarial and office staff of the Speaker and of each Member of the National Assembly.
“(f) One private secretary to each Justice of the Supreme Court.
“(g) Members of the commissioned and enlisted service of the Army and Navy of the Philippines.
“(h) Laborers whose rate of compensation is not more than two pesos per day.
“(i) Persons in the military, naval, or civil service of the United States who may be detailed for the
performance of duties with the Government of the Commonwealth.
“(j) Secretaries of provincial boards, assistant provincial fiscals, provincial wardens, provincial
sheriffs, deputy provincial sheriffs, and secret agents.
“(k) Members of the various faculties and other teaching force of the University of the Philippines,
including the Business Director and the Registrar of said institution.
“(l) Positions which may be declared by the President of the Philippines, upon recommendation of
the Commissioner of Civil Service, as policy determining, primarily confidential, or highly technical in
nature.
“(m) Deputy governors and special agents of the specially organized provinces of Lanao, Cotabato,
Sulu, and Mountain Province.”
SECTION 9. 
Section six hundred and seventy-two of the Administrative Code is hereby amended to read as
follows:
SEC. 672. Examination as prerequisite to appointment.— No person shall be appointed to or
employed in any position in the classified service until he passes the examination provided
therefor: Provided, However, That persons now regularly and permanently employed in any branch
or subdivision of the Government, whose position are or may hereafter be classified by operation of
the Constitution and of this Act may, unless separated by proper authority, continue in the service
for the term of three years from January first, nineteen hundred and thirty-seven: Provided, That
they shall be given three chances to qualify: And Provided, Finally, That all employees who, upon
the approval of this Act, have rendered ten years or more of continuous and satisfactory service in a
classified position or in a position which may be subject to classification, shall be given practical
examination in which their length of satisfactory service shall be accorded preferred consideration.”
SECTION 10. 
Section six hundred and seventy-three of the Administrative Code is hereby amended to read as
follows:
“SEC. 673. Positions in unclassified service not subject to examination requirements.— The
examination requirements of the Civil Service Law for entrance into the civil service or for promotion
therein shall not apply to positions in the unclassified service, unless the officer making the
appointment shall so direct.”
SECTION 11. 
Section six hundred and seventy-four of the Administrative Code is hereby amended to read as
follows:
“SEC. 674. Examining committees and special examiners; their incidental expenses.— The
Commissioner of Civil Service may, with approval of the proper Head of Department, appoint
examining committees or special examiners from officers and employees in the service.
Such persons shall be examiners of the Commissioner of Civil Service and shall perform such
duties as the Commissioner of Civil Service may require in connection with examinations,
investigations, appointments, and promotions; and in the performance of such duties, they shall be
under his exclusive control. The duties so performed by them shall be deemed part of the duties of
the office to which they pertain, and time shall be allowed for the performance of such duties during
office hours. All incidental expenses incurred by them shall be borne by the respective bureaus or
offices, provinces, cities, municipalities, or Government boards, corporations, or enterprises, for
whose benefit the examinations are held.”
SECTION 12.
 Section six hundred and seventy-five of the Administrative Code is hereby amended to read as
follows:
“SEC. 675. Citizenship as qualification for admission to examination.— No applicant shall be
admitted to any examination who is not a citizen of the Philippines or of the United States.”
SECTION 13. 
Section six hundred and seventy-seven of the Administrative Code is hereby amended to
read as follows:
“SECTION. 677. Oath of applicant for examination.— Before admission to a civil service
examination in the Philippines, every applicant shall take and subscribe an oath, in such form as
shall be prescribed in the civil service rules, wherein the affiant shall declare that he recognizes and
accepts the supreme authority of the United States of America and will maintain true faith and
allegiance thereto ; that he will support and defend the Constitution of the Philippines, obey the
laws, legal orders, and decrees promulgated by its duly constituted authorities; that the obligation
imposed by such oath is assumed voluntarily, without mental reservation or purpose of evasion; and
that the answers to the questions contained in his application for examination are true to the best of
his knowledge and belief.”
SECTION 14. 
Section six hundred and seventy-nine of the Administrative Code is hereby amended to read
as follows:
“SEC. 679. Filling of vacancies.— Appointment to the position of chief or assistant chief of a
bureau or office and to any other position in the classified service shall be made by the promotion of
persons in the competitive service, if there be such who are competent and available and who in the
judgment of the appointing power possess the qualifications required.”
SECTION 15. 
Section six hundred and eighty of the Administrative Code is hereby repealed.
SECTION 16. 
Section six hundred and eighty-two of the Administrative Code is hereby amended to read as
follows:
“SEC. 682. Temporary and emergency employees.— Temporary appointment without
examination and certification by the Commissioner of Civil Service or his local representative shall
not be made to a competitive position in any case, except when the public interests so require, and
then only upon the prior authorization of the Commissioner of Civil Service; and any temporary
appointment so authorized shall continue only for such period not exceeding three months as may
be necessary to make appointment through certification of eligibles, and in no case shall extend
beyond thirty days from receipt by the chief of the bureau or office of the Commissioner’s
certification of eligibles. Violation of this provision will render such chief of the bureau or office
responsible for the payment of salary to such person employed contrary to law as hereinafter
provided. It shall be the duty of the Commissioner of Civil Service to provide a register of eligibles
as soon as practicable prior to the expiration of the period of temporary employment.”
SECTION 17. 
Section six hundred and eighty-three of the Administrative Code is hereby repealed.
SECTION 18. 
 Section six hundred and eighty-six of the Administrative Code is hereby amended to read as
follows:
“SEC. 686. Office records of attendance.— Each chief of a bureau or office shall cause to be
kept on a proper form a daily record showing for each day any absence of any employee from duty,
due to any cause, and the duration thereof. At the beginning of each month, he shall make report to
the Commissioner of Civil Service of the absences shown by such records for the preceding month.
Falsification of time records shall render the offender liable to summary removal from the service
and subject him to prosecution as provided by law.”
SECTION 19.
 Section six hundred and eighty-seven of the Administrative Code is hereby amended to
read as follows:
“SEC. 678. Political activity and contributions to political fund prohibited.— Officers and
employees in the civil service, including members of the armed forces, whether classified or
unclassified, permanent or temporary, except those holding elective positions, shall not engage
directly or indirectly in partisan political activity or take part in any election except to vote; and they
shall not be under obligation to contribute to a political fund or to render any political service, nor
shall they be removed or otherwise prejudiced for refusing to contribute or render any such service;
and no officer or employee in the Philippine Civil service shall directly or indirectly solicit, collect, or
receive from any other officer or employee, any money or other valuable thing to be applied to the
promotion of any political object whatever.
“Any person violating any provision hereof shall be removed from office or dismissed from the
service and shall be subject also to prosecution as provided by law.”
SECTION 20. 
Section six hundred and ninety-two of the Administrative Code is hereby amended to read as
follows:
“SEC. 692. Liability of disbursing officer for pay of such person.— When the Commissioner of Civil
Service finds that any person is holding a position in the classified service in violation of law, he
shall certify such fact to the Auditor General and to the disbursing officer through whom the
payment of salary or wages to such person is by law required to be made. If the Auditor-General
finds that a disbursing officer has paid or permitted to be paid salary or wages to any person
illegally holding a classified position, the whole amount paid shall be disallowed and the disbursing
officer shall not receive credit for the same unless the Auditor General shall find that the chief of the
bureau or office is responsible, as above provided, for the payment of such person and that such
payment is not due to the failure of the disbursing officer to obtain the evidence required in section
six hundred and ninety hereof. In case the disbursing officer is not responsible for the illegal
payment, he shall be directed to withhold from the salary of the chief of. the Bureau or office
responsible for the illegal employment an amount equal to that disallowed by the Auditor General.”
SECTION 21. 
Section six hundred and ninety-three of the Administrative Code is hereby amended to read
as follows:
“SEC. 693. Opinion of Commissioner of Civil Service on controverted questions related to
service.— A disbursing officer, the head of any department, bureau, or office, or the Auditor
General, may apply for, and the Commissioner of Civil Service shall render, a decision upon any
question as to whether a position is in the classified or in the unclassified civil service, or whether
the appointment of any person to a classified position has been made in accordance with law, which
decision, when rendered, shall be final unless reversed by the President of the Philippines on
appeal.”
SECTION 22.
 Section six hundred and ninety-four of the Administrative Code is hereby amended to read
as follows:
“SEC. 694. Removal or suspension.— No officer or employee in the civil service shall be removed
or suspended except for cause as provided by law.
“The President of the Philippines may suspend any chief or assistant chief of a bureau or office, and
in the absence of special provision, any other officer appointed by him, pending an investigation of
charges against such officer or pending an investigation of his bureau or office. With the approval of
the proper head of department, the chief of a bureau or office may likewise suspend any
subordinate or employee in his bureau or under his authority pending an investigation, if the charge
against such subordinate or employee involves dishonesty, oppression, or grave misconduct or
neglect in the performance of duty.”
SECTION 28. 
Section six hundred and ninety-five of the Administrative Code is hereby amended to read
as follows:
“SEC. 695. Administrative discipline of subordinate officers and employees.— For neglect of
duty or violation of reasonable office regulations, or in the interest of the public service, the
Commissioner of Civil Service may remove any subordinate officer or employee from the service,
suspend him without pay for not more than two months, reduce his salary or compensation, or
deduct therefrom any sum not exceeding one month’s pay.”
SECTION 24.
Section six hundred and ninety-seven of the Administrative Code is hereby amended to read
as follows:
“SEC. 697. Contract to be executed by appointee coming from United States.— A person
residing in the United States, who contemplates accepting an appointment in the Philippine civil
service shall, before receiving such appointment, execute a contract, wherein he shall agree to
remain in the service of the Government of the Philippines for at least two years unless released by
the President of the Philippines or proper head of department.
“Upon breach of contract by the appointee or upon his removal for cause, he shall be liable for any
sum still due to the Government for expenses in bringing him to the Philippines, and all salary and
travel expenses then due or accruing to him shall be withheld as forfeited, and he shall be thereafter
debarred from again entering any branch of the Philippine service.”
SECTION 25. 
To defray the necessary expenses consequent upon the approval of this Act due to the
extension of the Civil Service Law to the municipalities and all other branches and subdivisions of
the Government, there is hereby appropriated out of any funds in the National Treasury not
otherwise appropriated, the sum of forty thousand pesos.