Law on Public Officers

L. The Civil Service

The Civil Service in the Philippines is established under Article IX-B of the 1987 Philippine Constitution, which defines the constitutional framework and principles governing public officers and employees in the government. The civil service encompasses all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations (GOCCs) with original charters.

The Civil Service Commission (CSC) is tasked with administering the civil service and promoting professional, effective, and efficient public service. It is the central personnel agency of the government.

2. Appointments to the Civil Service

Appointments to the Civil Service in the Philippines are governed by both the 1987 Constitution and statutory laws such as the Administrative Code of 1987, as well as rules and regulations issued by the Civil Service Commission. Here are the key principles and legal provisions governing appointments to the civil service:

A. Constitutional Basis

The 1987 Constitution, under Article IX-B, Section 2(2), provides that:

Appointments in the Civil Service shall be made only according to merit and fitness.
Merit and fitness shall be determined, as far as practicable, by competitive examinations.
Certain positions, as specified by law, may not require examinations, such as policy-determining, primarily confidential, or highly technical positions.

This constitutional provision establishes the meritocracy principle in the appointment process and ensures that public office is a public trust.

B. Classes of Appointments

Appointments to the Civil Service can be classified into the following categories:

Permanent Appointment
- A permanent appointment is issued to an individual who meets all the qualification standards of the position, such as education, experience, training, and eligibility.
- The appointment is based on merit and fitness determined primarily by competitive examination.
- A permanent appointee enjoys security of tenure, meaning they cannot be removed from their position except for valid causes as provided by law, such as misconduct or inefficiency.
Temporary Appointment
- A temporary appointment is issued when the person appointed does not meet all the qualification requirements of the position but is issued due to an urgent necessity or because a qualified person is not immediately available.
- Temporary appointees do not have security of tenure and may be replaced at any time, even without cause.

C. The Merit and Fitness Principle

Competitive Examination System

The Civil Service Examination (CSE) is the primary method of determining merit and fitness in the civil service. Appointments are made based on the results of competitive examinations, which ensure that only individuals who are competent and qualified are hired into the public service.
- Examinations are open to all individuals who meet the minimum requirements as set forth by the CSC.
- There are two levels of the Civil Service Examination:
  - Professional Level (for positions requiring at least a bachelor’s degree).
  - Sub-professional Level (for clerical and custodial positions).
Exceptions to Competitive Examinations

Some positions are exempted from the requirement of a competitive examination due to their nature. These include:
- Primarily confidential positions: Positions characterized by close proximity and a high degree of confidence between the appointee and the appointing authority (e.g., private secretaries).
- Highly technical positions: Positions requiring specialized knowledge and expertise in a particular field (e.g., scientists, lawyers).
- Policy-determining positions: Positions that involve the formulation of policies and principles of the government (e.g., cabinet secretaries).
- Elective officials are also excluded from competitive exams as they are chosen by the electorate rather than through an examination process.

D. Appointment Process

Who Appoints?

The authority to appoint officers and employees in the civil service is vested in the following, subject to the relevant laws:
- The President for positions under the Executive Department.
- The heads of departments, agencies, bureaus, or offices for positions within their respective jurisdictions.
- Local chief executives (e.g., governors, mayors) for positions within local government units.
- The CSC itself for certain career executive positions.
Role of the Civil Service Commission (CSC)

All appointments, except those specified under the Constitution, require the approval of the CSC to be valid. The CSC ensures that all appointments comply with the merit and fitness principles and other legal standards.

The Commission has the power to:
- Review and approve appointments.
- Declare appointments invalid if they are not made in accordance with the law or applicable rules.
- Ensure that appointments are free from any form of favoritism, partisanship, or undue influence.
Qualification Standards

Every position in the civil service has a set of qualification standards, which include:
- Education: The academic qualifications required for the position.
- Experience: Relevant work experience required for the position.
- Training: Additional relevant training or seminars attended by the applicant.
- Eligibility: Passing the Civil Service Examination or possessing other forms of eligibility required by law for certain positions (e.g., bar exam for lawyers, board exam for engineers).
Appointments Subject to Confirmation

Certain appointments, particularly in constitutional bodies (e.g., Commission on Elections, Commission on Audit), require confirmation by the Commission on Appointments (CA). The President nominates these officials, but their appointment must be confirmed by the CA before they assume office.
Publication and Posting of Vacancies

Republic Act No. 7041 (Publication of Vacant Positions in Government Offices) requires that vacancies in the civil service be made public. Vacant positions must be:
- Published in the CSC Bulletin of Vacancies or other similar media platforms.
- Posted in at least three (3) conspicuous places in the office where the vacancy exists.
This is to ensure transparency in the hiring process and provide equal opportunities for qualified individuals.

E. Tenure and Security of Tenure

Security of Tenure is guaranteed by the Constitution to all employees holding permanent appointments. This protection ensures that no permanent employee can be removed or suspended except for valid causes provided by law, such as:
- Gross misconduct.
- Dishonesty.
- Inefficiency.
- Habitual absenteeism.
Non-career employees (e.g., those in temporary appointments) do not enjoy security of tenure.

F. Prohibited Acts Regarding Appointments

Nepotism: The appointment of relatives within the third degree of consanguinity or affinity to public positions is prohibited under Section 59 of the Administrative Code and other civil service laws. This prevents favoritism and conflicts of interest in the hiring process.
Political Appointments: Civil servants are expected to be politically neutral. Political appointments based on party loyalty, rather than merit and fitness, are discouraged to maintain professionalism in the public service.

G. Challenges to Appointments

Protests and Appeals: Appointments may be contested through formal protests or appeals filed with the CSC. These protests usually arise when an aggrieved party believes that they were bypassed for promotion or appointment despite being more qualified.
Invalidation of Appointments: The CSC has the authority to invalidate appointments that do not meet the required qualifications, were made without proper authority, or violated civil service laws and regulations.

Conclusion

Appointments to the civil service in the Philippines are primarily governed by the principles of merit and fitness, ensuring that only qualified and competent individuals are appointed to public office. The Civil Service Commission plays a critical role in overseeing the process, ensuring compliance with the laws, and maintaining the integrity of the public service system. Through competitive examinations, clear qualification standards, and protections like security of tenure, the civil service is designed to uphold efficiency, competence, and professionalism in government.