Monday, September 22, 2008

Legal Basis of Education in the Philippines( Notes)

I Constitutional Commission

Chapter 1

Section 1: Declaration of Policy

· Promote constitutional mandate

· Appointment be made according to merit and fitness

· CS- central personnel agency-establish career service-strengthens merit and reward system, promote morale, efficiency, integrity, responsiveness and courtesy

· Institutionalize a management climate conducive to public accountability, that PUBLIC OFFICE IS A PUBLIC TRUST AND PUBLIC OFFICERS AND EMPLOYEES MUST AT ALL TIMES BE ACCOUNTABLE TO THE PEOPLE

· Personnel functions shall be decentralized, delegating the corresponding authority to the departments, offices and agencies where such functions can be effectively delegated

Section2: Duties and Responsibilities

· Public officers are accountable (see Chapter 9. Book 1

Section3: Terms and conditions of employment

· Fixed by law

· Or subject of negotiation by employee and employer

Section 4: Compensation

· Standardized by qualifications as provided by the congress

II COVERAGE OF THE CIVIL SERVICE

Section 6: Scope of the CS

· Embraces all branches and agencies of the government

· Positions classified

o Career- highly technical qualifications- faculty, academic staff by merit

§ Classes

· First level

o Clerical, trades, crafts, custodial services

o Non-prof or sub prof work in a supervisory capacity requiring less than four years in college

· Second level

o Professional, technical and scientific positions which involve professional, technical or scientific work in a supervisory capacity requiring at least four years of collegiate work up to divisional chief

· Third level

o In the career executive service

o Entrance shall be prescribed by the Career service executive board

o Non-career- entrance on the bases other than those of the usual tests of merit and fitness. The tenure is limited to a period specified by law or coterminous

§ Include elected officials and their personal or confidential staff

§ Secretaries and other officials of cabinet rank who hold their positions at the pleasure of the president

§ Contractual personnel- needed to perform the job that cannot be performed by anyone within the agency

CHAPTER 3: ORANIZATIONS AND FUNCTIONS OF THE CEVIL SERVICE

Section 10 Composition:

· Chairman

· 2 commissioners

· At least 35 years of age with proven capacity for public administration and must not have been candidate to any elective positions

· Appointed by president with the consent on appointments for terms of seven years without reappointment

· Commissioner holds the office for 5 years and another commissioner for 3 yrs

Section 12: Powers and functions

· Administer and enforce constitutional statutory provisions on the merit system

· Prescribe, amend and enforce rules and regulations

· Promulgate policies and regulations

· Render opinion and rulings on all personnel

· Appoint and disciplines its officials and employees acc. To law

· Control, supervise, coordinate civil service examinations

· Declare vacancies

· Formulate, administer and evaluate programs

· Hear and decide administrative cases instituted by or brought before it directly or one appeal

· Issue subpoena duces tecum for production of docs./record for investigation

· Advise the president on all matters involving personnel management

· Inspect and audit personnel action

· Administer the retirement program for government employees

· Keep and maintain personnel records

Section 13: Duties and Responsibilities

· Direct all operations

· Establish procedures

· Issue appointments

· Delegate authority

· Approve and submit the annual supplementary budget

CHAPTER 5 : PERSONNEL POLICIES AND STANDARDS

Section 21: Recruitment and selection of employees- by merit and fitness

· For any vacancies- the next in rank who is proven competent and fit shall be considered for promotion

· Each department shall evolve its own screening process which may include test of fitness

· When vacancy is not filled by promotion, it shall be filled by transfer

S22: Qualification Standards

· Minimum requirements

· Promotion: movement from one position to another with an increase in duties and responsibilities authorized by law and usually accompanied by an increase in pay. A movement may be from organizational unit to another in the same department or agency

· TRANSFER: movement from one position to another which is equivalent in rank, level, salary without break in service. It may be from one department to another

· REINSTATEMENT – any person who has been permanently appointed to a position and has through no delinquency or misconduct, been separated there from, may reinstated to a position in the same level for which he is qualified

· REEMPLOYMENT - names of persons who have been appointed permanently to a position in the career service and who have been separated as a result of reduction in force or reorganization shall be entered in a list from which selection for reemployment shall be made.

· DETAIL: - the movement of an employee from one agency to another without the issuance of an appointment and shall be allowed only for a limited period in the case of employees occupying professional, technical and scientific positions. If t he employee believes that the detailship has no justification, s/he ay appeal to the commission. The order of detailship shall be executory unless otherwise ordered by the commission.

· REASSIGNMENT - an employee may be reassigned from one organization unit to another in the same agency provided that such reassignment shall not involve reduction in rank, status or salary.

SECTION 27: EMPLOYEMENT STATUS

1. Permanent appointment - issued to all who meet the requirements for the position of which he is being appointed with appropriate eligibility and standards promulgated by law.

2. Temporary appointment- in the absence of appropriate eligible 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 requirements- except for eligibility- but the appoint shall not exceed 12 months- appointee shall be replaced sooner if a qualified civil service eligible will become available

3. salary Increase or adjustments- upgrading of positions which do not involve a change in qualification requirements except for copies of salary adjustment notices for record purposes

4. Reduction in force- reduction of staff- laying off of least qualified personnel due lack of work or funds and due to change of nature of scope/agency’s program

5. CAREER AND PERSONNEL DEVELOPMENT – the development and retention of a competent and efficient work force in the public service is the primary concern of the government.

6. CAREER AND PERSONNEL DEVELOPMENT PLANS – each department should prepare a career and personnel development plan which shall be integrate dint the national plan by the commission.

7. Merit and promotion plans- in accordance with the civil service rules and law which shall include the following:

· Definite screening process- test of fitness with standards

· Organization of promotion boards subject to criteria drawn b y the commission

8. Performance Evaluation System-

· Performance evaluation system shall be established in accordance with rules and regulations and standards promulgated by the commission

· To continually foster the improvement of individual employee’s efficiency and organizational effectiveness.

9. Responsibility for training-

· There shall be a continuing program for personnel development for all government personnel

· Public and private colleges and universities should organize and carry out continuing programs of executive development.

SECTION 37:

Complaints and Grievances

  • An employee has the right to present their complaints or grievances

CHAPTER 6: RIGHT TO SELF_ORGANIZATION

  • Allowed to form organization for furtherance and protection of their interest
  • This does not apply to members of the Armed Forces of the Philippines, policy makers, managers, or whose duties are highly confidential

CHAPTER 7- DISCIPLINE

  • No employee or officer in the civil service shall be suspended or dismissed except for cause as provided by law and after due process
  • Grounds for disciplinary actions:
    • Dishonesty; oppression, neglect of duty, misconduct, disgraceful and immoral conduct, being notoriously undesirable, discourtesy in the course of official duties, inefficiency and incompetence
    • Receiving for personal use of a fee, gift or other valuable thing in the course of official duties- giving of gifts expecting for favor

1 comment:

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