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MODULE 5 LESSON 2 WEEK 13

PHILIPPINE POLITICS & GOVERNANCE (PPG)
QUARTER 2

BY: SALVADOR DOMONA

MODULE IN PHILIPPINE POLITICS & GOVERNANCE MR. S.O. DOMONA

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Q2 MODULE 5 LESSON 2 WEEK 13

Most Essential Learning competencies ( MELC)

1. Analyze the roles and responsibilities of the Civil service Commission

What I need to know?

Appointments in the civil service shall be made only according to merit and fitness
to be determined, as far as practicable, by competitive examination.

Merit and fitness means demonstrated education, training, experience,

performance, knowledge, skills, ability, licenses, certifications, and fitness to
perform the essential functions and meet the qualifications of a Position
The merit system is the process of promoting and hiring government employees
based on their ability to perform a job, rather than on their political connections.
It is the opposite of the spoils system
ACTIVITY A
QUESTION
Discuss the principles of merit and fitness in hiring government employees.

Note: Your answer will be on a separate sheet of paper, either 1 whole yellow
pad or 1 whole bond paper, to be attached in module when submitted.

For online class upload your answer in google class in pdf form

What I know?
Permanent appointment
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 provision of laws, rules
and standards promulgated in pursuance thereof. (Administrative Code of 1987,
Book V-A, Sec. 27)

Temporary appointments

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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 requirement for the position to which he is being appointed
except the appropriate civil service eligibility.
ACTIVITY B
QUESTION: Discuss permanent apointments and temporary appointments in
civil service.

Note: Your answer will be on a separate sheet of paper, either 1 whole yellow
pad or 1 whole bond paper, to be attached in module when submitted.

For online class upload your answer in google class in pdf form

What’s New?
Civil Service Commission
Functions of CSC
1. The CSC shall administer the civil service. (Art. IX-B, §1(1))
2. The CSC as the personnel agency of the government shall establish a career
service;
3. It shall adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service.
4. It shall strengthen the merit and rewards system;
5. It shall integrate all human resources development programs for all levels and
ranks;
6. It shall institutionalize a management climate conducive to public
accountability.
7. It shall submit to the President and the Congress an annual report on its
personnel programs. (Article IX-B, Section 3) Power to Grant Civil Service
Eligibility.
In the exercise of its powers to implement RA 6850 (granting civil service
eligibility the employees under provisional or temporary status who have
rendered seven years of efficient service), the CSC enjoys wide latitude of
discretion and may not be compelled by mandamus to issue eligibility. (Torregoza
v. CSC) But the CSC cannot validly abolish the Career Executive Service Board
(CESB); because the CESB was created by law, it can only be abolished by the
Legislature (Eugenio v. CSC, 1995) Power to hear and decide administrative cases.

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Under the Administrative Code of 1987, the CSC has the power to hear and
decide administrative cases instituted before it directly or on appeal, including
contested appointments.541 Jurisdiction on Personnel actions.
It is the intent of the Civil Service Law, in requiring the establishment of a
grievance procedure, that decisions of lower officials (in cases involving personnel
actions) be appealed to the agency head, then to the CSC. The RTC does not have
jurisdiction over such personal actions. (Olanda v. Bugayong, 2003)
Authority to Recall Appointments. The Omnibus Rules implementing the
Administrative Code provides, among others, that notwithstanding the initial
approval of an appointment, the same may be recalled for violation of other
existing Civil service laws, rules and regulations. Thus, in Debulgado v. CSC, it was
held that the power of the CSC includes the authority to recall appointment
initially approved in disregard of applicable provisions of the Civil Service law and
regulations. Original jurisdiction to hear and decide a complaint for cheating. The
Commission has original jurisdiction and decide a complaint for cheating in the
Civil Service examinations committed by government employees. The fact that the
complaint was filed by the CSC itself does not mean that it cannot be an impartial
judge. (Cruz v. CSC. 2001).

Q: When there are more than one person qualified for a position, may the CSC
dictate to the appointing authority who among those qualified should be
appointed?

A: No. the power of the CSC is limited to attesting to the eligibility or ineligibility
of the appointee. (Orbos v. CSC, 1990)

Q: May the CSC revoke a certificate of eligibility?

A: Yes. As central personnel agency of the government, the CSC may revoke a
certificate of eligibility motu propio. The power to issue a certificate of eligibility
carries with it the power to revoke one that has been given. Whether hearing is
required for revocation depends on circumstances of a case. (Thus, where the case
“simply involves the rechecking of examination papers and nothing more than a
re-evaluation of documents already in the records of the CSC according to a
standard answer key previously set by it, notice and hearing is not required.
Instead, what [would apply in such a case is] the rule of res ipsa loquitor.” (Lazo
v. CSC, 1994)

Q: What jurisdiction does the CSC have over the personnel cases given by statute
to the jurisdiction of the Merit Systems Board?

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A: It has only automatic review jurisdiction, not original jurisdiction. (GSIS v.

CSC, 1991)

Nature of the Powers of CSC

The Commission is an administrative agency, nothing more. As such, it can only
perform powers proper to an administrative agency. It can perform executive
powers, quasi-judicial powers and quasi legislative or rule-making powers

1. Natural-born citizens of the Philippines;

2. At the time of their appointment, at least thirtyfive years of age;
3. With proven capacity for public administration;
4. Must not have been candidates for any elective position in the elections
immediately preceding their appointment. (Article IX-B, Section 1(1))
Appointment of CSC Commissioners
The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven years
without reappointment.
Of those first appointed, the Chairman shall hold office for seven years, a
Commissioner for five years, and another Commissioner for three years, without
reappointment.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity. (Article IX-B, Section 1(2)

Reason for Staggering of Terms:

1. To lessen the opportunity of the President to appoint a majority of the body
during his term;
2. To ensure continuance of the body, which always retains 2/3 of its
membership.
3. The system is expected to stabilize the policies of the body as maintained by the
remaining members

Classification of Positions (under Section 2(2) for purpose of determining the

manner of testing merit and fitness)
1. Competitive Positions
2. Non-competitive Positions

As a general rule, positions in all branches of government belong to the

competitive service. (Samson v. CA)

Classes of Non-Competitive Positions

1. Policy Determining

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2. Primarily Confidential
3. Highly Technical

Policy-Determining Position One charged with laying down of principal or

fundamental guidelines or rules, such as that of a head of a department.551
Primarily Confidential Position One denoting not only confidence in the aptitude
of the appointee for the duties of the office but primarily close intimacy which
ensures freedom of intercourse without embarrassment or freedom from
misgivings or betrayals of personal trust on confidential matters of state (De los
Santos v. Mallare, 87 Phil 289

Highly Technical Position A highly technical position requires the appointee

thereto to possess technical skill or training in the supreme or superior degree.
Classes of Service (under the Revised Administrative Code)
Career Service
The career service is characterized by:
1. Entrance based on the merit and fitness to be determined as far as practicable
by competitive examinations, or based on highly technical qualifications;
2. Opportunity for advancement to higher career positions;
3. Security of Tenure.

The career service includes:

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 Chief Executive Service Board, all of whom are
appointed by the President;
4. Career officers, other that those in the Career Executive Service, who are
appointed by the President, such as the Foreign Service Officers in the DFA.
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, semiskilled, or unskilled.

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Significance of Distinction between competitive and non-competitive positions

Appointment to a competitive positions must be made according to merit and
fitness as determined, as far as practicable, by competitive examination. Merit and
fitness in appointments to non-competitive positions are not determined by
competitive examinations; but merit and fitness are required.

What I have learned?

ACTIVITY C
QUESTIONS
1. When there are more than one person qualified for a position, may the
CSC dictate to the appointing authority who among those qualified should
be appointed?
2. What jurisdiction does the CSC have over the personnel cases given by
statute to the jurisdiction of the Merit Systems Board?

Note: Your answer will be on a separate sheet of paper, either 1 whole yellow
pad or 1 whole bond paper, to be attached in module when submitted.

For online class upload your answer in google class in pdf form

What’s more?
ACTIVITY D
QUESTION
May the CSC revoke a certificate of eligibility?
Note: Your answer will be on a separate sheet of paper, either 1 whole yellow
pad or 1 whole bond paper, to be attached in module when submitted.

For online class upload your answer in google class in pdf form

ACTIVITY E
QUESTION
List down the functions of civil service commisions.

MODULE IN PHILIPPINE POLITICS & GOVERNANCE MR. S.O. DOMONA

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Note: Your answer will be on a separate sheet of paper, either 1 whole yellow
pad or 1 whole bond paper, to be attached in module when submitted.

For online class upload your answer in google class in pdf form

ACTIVITY F
QUESTIONS:
1. What jurisdiction does the CSC have over the personnel cases given by
statute to the jurisdiction of the Merit Systems Board?
2. Discuss the classes of non- competitive positions.

Note: Your answer will be on a separate sheet of paper, either 1 whole yellow
pad or 1 whole bond paper, to be attached in module when submitted.

For online class upload your answer in google class in pdf form

ACTIVITY G
QUESTION
List down the characteristics of a career service/ what includes in the career service?
Note: Your answer will be on a separate sheet of paper, either 1 whole yellow
pad or 1 whole bond paper, to be attached in module when submitted.

For online class upload your answer in google class in pdf form

REFERENCES: Lazo, Ricardo S.: Philippine Government and the 1987

Constitution; Manila: Rex Book Store 2009.
Corpuz, Ronald M., Lorna V. Wy, Rogelio Dela Cruz: Philippine History and
Constitution; Mindshapers Company Inc. Manila; 2008. De Leon,
Hector; Philippine Constitution; Rex Book Store, 2007

MODULE IN PHILIPPINE POLITICS & GOVERNANCE MR. S.O. DOMONA

GFYSHS FACULTY