POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

VIII. LAW ON PUBLIC OFFICERS

L. The Civil Service

1. Scope of the Civil Service

The Civil Service in the Philippines is established under the 1987 Constitution. It encompasses all branches, subdivisions, instrumentalities, and agencies of the government, including government-owned or controlled corporations with original charters. The Civil Service is a fundamental pillar of governance, designed to ensure a professional, merit-based, and non-partisan workforce dedicated to serving the public efficiently and effectively.

The civil service system is governed by various constitutional and statutory provisions, most notably:

Article IX-B of the 1987 Constitution, which focuses on the Civil Service Commission (CSC), the principal body overseeing civil service matters.
The Administrative Code of 1987 (Executive Order No. 292), which provides more detailed rules governing the civil service system.

1.1 Constitutional Basis

The civil service is constitutionally enshrined in Article IX-B of the 1987 Constitution, which lays out the mandate of the Civil Service Commission (CSC) and defines the general principles guiding the civil service. Key constitutional provisions include:

Section 1 of Article IX-B establishes that the Civil Service encompasses "all branches, subdivisions, instrumentalities, and agencies of the government, including government-owned or controlled corporations with original charters."
Section 2 outlines the broad powers of the CSC, including making recommendations to improve the efficiency of public administration, enforcing the merit and fitness principle in public service, and overseeing discipline in the civil service.
Section 3 mandates that appointments in the civil service must be based on merit and fitness, determined by competitive examinations, except for policy-determining, primarily confidential, or highly technical positions.

1.2 Coverage and Classification

Under the Civil Service system, public officers and employees are classified into career and non-career service.

A. Career Service

The career service is characterized by entrance based on merit and fitness determined by competitive examinations or highly technical qualifications. It is designed to provide security of tenure and a path for advancement based on merit. Positions under the career service include:

Open Career Positions: Positions for which entrance is based on competitive exams, such as positions in the bureaucracy ranging from clerks to government executives.
Closed Career Positions: Positions that require special qualifications and for which entry is determined by the necessary qualification rather than by competitive examination (e.g., members of the Philippine Foreign Service, scientific or highly specialized positions).
Career Executive Service (CES): Positions for managerial or executive functions in government, such as undersecretaries or directors, where appointments are made by the President, but individuals undergo screening by the Career Executive Service Board (CESB).
Career Professional Positions: Positions involving professional, technical, or scientific work, for which eligibility is determined based on examinations and qualifications.

B. Non-Career Service

The non-career service is composed of positions which are generally not permanent in nature and where the hiring criteria do not involve competitive examinations. These positions generally do not provide security of tenure. Examples include:

Elective Positions: Public officials elected by the people (e.g., members of Congress, local government officials).
Primarily Confidential Positions: Positions that are highly confidential in nature, involving trust and confidence, such as a private secretary to a government executive.
Coterminous Positions: Positions whose existence is directly dependent on the tenure of the appointing authority or project duration, such as political appointees or project-based personnel.
Contractual Employees: Hired for a specific period or project, these employees do not enjoy the security of tenure.
Emergency and Seasonal Employees: Temporary employees hired for emergencies or seasonal work in the government.

1.3 Exclusions from the Civil Service

Not all individuals performing functions for the government fall under the Civil Service scope. The following categories are excluded from Civil Service coverage:

Military and Police Personnel: Members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) fall under a distinct merit and promotion system governed by their respective laws, though their civilian employees are part of the civil service.
Independent Constitutional Commissions: Personnel of independent commissions such as the Commission on Elections (COMELEC) and Commission on Audit (COA) have special employment provisions that govern their selection, retention, and dismissal.

1.4 Scope of Control by the Civil Service Commission (CSC)

The Civil Service Commission (CSC) is the central personnel agency of the government, as mandated by the 1987 Constitution and further clarified by Executive Order No. 292 (Administrative Code of 1987). The CSC exercises jurisdiction over the following:

Personnel Standards: The CSC determines merit and fitness through eligibility standards, examinations, qualifications, and standards of performance.
Appointments: All appointments in the civil service must be reported to the CSC, which reviews the legality of appointments, including promotions, transfers, reassignments, and demotions.
Discipline and Dismissal: The CSC has disciplinary authority over civil servants. It can investigate administrative offenses and impose penalties such as suspension, dismissal, or demotion.
Security of Tenure: The CSC ensures that no civil servant in the career service is removed or suspended except for cause, as provided by law.
Employee Welfare: The CSC formulates and implements policies on employee benefits, professional development, and work-life balance, promoting employee welfare.
Human Resource Management: The CSC oversees recruitment, promotion, training, performance evaluation, and rewards. It ensures that government agencies follow the principles of meritocracy, competence, and performance in the administration of human resources.

1.5 Merit and Fitness Principles

The principle of merit and fitness is a core tenet of the civil service system. This principle requires that appointments, promotions, and other personnel actions be based on individual qualifications, competence, and performance rather than political influence or patronage. The merit and fitness system aims to promote a professional, competent, and ethical civil service that effectively serves the public.

Key elements of the merit and fitness principle include:

Competitive Examinations: Except for positions exempt by the Constitution or law, eligibility for most civil service positions is determined through competitive examinations administered by the CSC.
Qualifications Standards: The CSC, in cooperation with other government agencies, sets minimum qualifications for different positions in the civil service to ensure that only competent individuals are appointed.

1.6 Appointments in the Civil Service

Appointments in the civil service are governed by strict rules to ensure adherence to the principle of merit and fitness:

Permanent Appointment: Issued to individuals who meet all the requirements for the position, including eligibility and qualifications. Permanent appointees enjoy security of tenure.
Temporary Appointment: Issued to individuals who do not meet the required qualifications, such as eligibility, but are otherwise qualified for the position. Temporary appointees do not enjoy security of tenure and may be replaced at any time.
Provisional Appointment: Given when no eligible candidate is available for a particular position. A provisional appointment may only last for a year, and the appointee may be replaced when a qualified candidate becomes available.

The civil service system, as envisioned in the Constitution and implemented through laws and regulations, is designed to foster a competent, effective, and professional government workforce. Through the principles of merit and fitness, the civil service serves as the backbone of public administration, ensuring that public officers uphold the public trust and perform their duties in service to the nation.