CHAPTER 6 - Right to Self-Organization
Coverage
1. All government employees, including those in government-owned or controlled corporations with original charters; 2. Excluded a. Members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail guards. b. High-Level Employees
Protection of the Right to Organize. 1. Government employees shall not be discriminated against in respect of their employment by reason of their membership in employees’ organizations or participation in the normal activities of their organizations. 2. Government authorities shall not interfere in the establishment, functioning or administration of government employees’ organizations through acts designed to place such organizations under the control of government authority.
Registration of Employees’ Organization.
Government employees’ organizations shall register with the Civil Service Commission at the Department of Labor and Employment.
The application shall be filed with the Bureau of Labor Relations or Regional Offices (3 days transmittal upon receipts) of the Department which shall process the same in accordance with the provisions of the Labor Code of the Philippines.
Certificate of Registration.
The corresponding certificates of registration shall be jointly approved by the Chairman of the Civil Service Commission and the Secretary of Labor and Employment.
Appropriate Organization Unit.
The appropriate organizational unit shall be the employer’s unit consisting of rank and-file employees unless circumstances otherwise require.
Sole and Exclusive Employees’ Representatives.
The duly registered employees’ organization having the support of the majority of the employees in the appropriate organizational unit shall be designated as the sole and exclusive representative of the employees.
Where there are two or more duly registered employees’ organizations in the appropriate organizational unit, the Bureau of Labor Relations shall, upon petition, order the conduct of a certification election and shall certify the winner as the exclusive representative of the rank-and-file employees in said organizational unit.
The Public Sector Labor-Management Council.
A Public Sector Labor-Management Council is hereby constituted to be composed of the following: The Chairman of the Civil Service Commission, as Chairman; the Secretary of Labor and Employment, as Vice-Chairman; and the Secretary of Finance, the Secretary of Justice and the Secretary of Budget and Management, as members.
The Council shall implement administer the provisions of this Chapter. For this purpose, the Council shall promulgate the necessary rules and regulations to implement this Chapter.
Chapter 7 - Discipline: General Provisions. a) No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process. b) Except when initiated by the disciplining authority, no complaint against a civil service official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant. c) In meeting out punishment, the same penalties shall be imposed for similar offenses and only one penalty shall be imposed in each case. The disciplining authority may impose the penalty of removal from the service, demotion in rank, suspension for not more than one year without pay, fine in an amount not exceeding six months’ salary, or reprimand.

Disciplinary Jurisdiction.

1. The Commission shall decide upon appeal all administrative disciplinary cases involving: * Imposition of a penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days’ salary; * Demotion in rank or salary or transfer, * Removal or dismissal from office. (Executory only after confirmation by the Secretary concerned)
A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it may hear and decide the case or it may deputize a body to conduct the investigation. 2. The Secretaries and heads of agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction.
Procedure in Administrative Cases Against Non-Presidential Appointees. * Administrative proceedings may be commenced against a subordinate officer or employee by the Secretary or head of office of equivalent rank, or head of local government, or chiefs of agencies, or regional directors, or upon sworn, written complaint of any other person.

* In the case of a complaint filed by any other persons, the complainant shall submit a. Sworn statements covering his testimony and b. Those of his witnesses together with his documentary evidence.

If on the basis of submission a prima facie case is found not to exist, the disciplining authority shall dismiss the case.

If a prima facie case exists, he shall notify the respondent in writing. * The charges against the latter, attached copies of the complaint, sworn statements and other documents submitted,

* The respondent shall be allowed not less than seventy-two hours after receipt of the complaint to answer the charges in writing under oath, together with supporting sworn statements and documents, in which he shall indicate whether or not he elects a formal investigation if his answer is not considered satisfactory. If the answer is found satisfactory, the disciplining authority shall dismiss the case.

* Although a respondent does not request a formal investigation, one shall nevertheless be conducted when from the allegations of the complaint and the answer of the respondent, including the supporting documents, the merits of the case cannot be decided judiciously without conducting such an investigation.

* The investigation * Shall be held not earlier than five days nor later than ten days from the date of receipt of respondent’s answer. * Shall be finished within thirty days from the filing of the charges, unless the period is extended by the Commission in meritorious cases. * The decision shall be rendered within thirty days from the termination of the investigation or submission of the report of the investigator, which report shall be submitted within fifteen days from the conclusion of the investigation. * The direct evidence shall consist of the sworn statement and documents submitted in support of the complaint or answer upon which the cross-examination, by respondent and the complainant, respectively, shall be based. Following cross-examination, there may be redirect and recross examination.

* Either party may avail himself of the services of counsel and may require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.

* The investigation shall be conducted only for the purpose of ascertaining the truth and without necessarily adhering to technical rules applicable in judicial proceedings.
Appeals.
1. Appeals shall be made within fifteen days from receipt of the decision unless a petition for reconsideration, which petition shall be decided within fifteen days.

2. Notice of the appeal shall be filed with the disciplining office, which shall forward the records of the case, together with the notice of appeal, to the appellate authority within fifteen days from filing of the notice of appeal, with its comment, if any. The notice of appeal shall specifically state the date of the decision appealed from and the date of receipt thereof. It shall also specifically set forth clearly the grounds relied upon for excepting from the decision.
Petition for reconsideration shall be based only on any of the following grounds: a. New evidence has been discovered which materially affects the decision rendered; b. The decision is not supported by the evidence on record; or c. Error of law or irregularities have been committed which are prejudicial to the interest of the respondent: Provided, That only one petition for reconsideration shall be entertained.
Summary Proceedings.
No formal investigation is necessary and the respondent may be immediately removed or dismissed if any of the following circumstances is present: 1) When the charge is serious and the evidence of guilt is strong; 2) When the respondent is a recidivist or has been repeatedly charged and there is reasonable ground to believe that he is guilty of the present charge; and 3) When the respondent is notoriously undesirable.
Resort to summary proceedings by the disciplining authority shall be done with utmost objectivity and impartiality to the end that no injustice is committed: Provided, That removal or dismissal except those by the President, himself or upon his order, may be appealed to the Commission.
Preventive Suspension.
The proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation, if the charge against such officer or employee involves dishonesty, oppression or grave misconduct, or neglect in the performance of duty, or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service.
Lifting of Preventive Suspension Pending Administrative Investigation.
When the administrative case against the officer or employee under preventive suspension is not finally decided by the disciplining authority within the period of ninety (90) days after the date of suspension of the respondent who is not a presidential appointee, the respondent shall be automatically reinstated in the service: Provided, That when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of delay shall not be counted in computing the period of suspension herein provided.
Removal of Administrative Penalties or Disabilities.
In meritorious cases and upon recommendation of the Commission, the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to such terms and conditions as he may impose in the interest of the service.
CHAPTER 8 - PROHIBITIONS
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.
Political Activity.
No officer or employee in the Civil Service including members of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote nor shall he use his official authority or influence to coerce the political activity of any other person or body.
Nothing herein provided shall be understood to prevent any officer or employee from expressing his views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports: Provided, That public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code.
Additional or Double Compensation.
No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law nor accept without the consent of the President, any present, emolument, office, or title of any kind from any foreign state.
Pensions and gratuities shall not be considered as additional, double, or indirect compensation.
Limitations on Employment of Laborers.
Laborers, whether skilled, semi-skilled or unskilled, shall not be assigned to perform clerical duties.
Prohibition on Detail or Reassignment.
No detail or reassignment whatever shall be made within three (3) months before any election.
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.
CHAPTER 9 - Leave of Absence
Officers and employees in the Civil Service shall be entitled to leave of absence, with or without pay, as may be provided by law and the rules and regulations of the Civil Service Commission in the interest of the service.
CHAPTER 10 - Miscellaneous Provisions
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. * 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.
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.
Income.
The income of the Commission from fees, costs for services it may assess and levy, and such other proceeds generated in the performance of its functions shall be directly utilized by the Commission for its expenses.
Authority of Officers to Administer Oaths, Take Testimony, Prosecute and Defend Cases in Court.
Members of the Commission, chiefs of offices, and other officers and employees of the Commission designated in writing by the Chairman may administer such oath as may be necessary in the transactions of official business and administer oaths and take testimony in connection with any authorized investigation.
Attorneys of the Commission may prosecute and defend cases in connection with the functions of the Commission before any court or tribunal.
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.
Liability of Disbursing Officers.
Except as may otherwise be provided by law, it shall be unlawful for a treasurer or other fiscal officer to draw or retain from salary due an officer or employee any amount for contribution or payment of obligations other than those due the government or its instrumentalities.
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.