Civil Service?: What Is It?
Civil Service?: What Is It?
What is it?
A presentation of EDNA C. NEBRIJA-MAHINAY
ELECTION
APPOINTMENT
•• isis aa warrant
warrant inin writing
writing extended
extended by by aa
competent
competent authority
authority allowing
allowing the
the appointee
appointee
to
to occupy
occupy the
the position
position therein
therein stated
stated and
and to
to
discharge
discharge thethe duties
duties arising
arising therefrom
therefrom
effective
effective atat aa specified
specified date
date or
or time
time and
and with
with
definite
definite compensation
compensation therefor.
therefor.
Where appointing power resides?
• President - as conferred by the Constitution
• Governor
• City Mayor
• Municipal Mayor
Generally, has the power to appoint all officials
and employees whose salaries and wages are
wholly or mainly paid out of local government
funds
Appointing Authority per
RA7160
• Vice-Governor
• City Vice-Mayor
• Municipal Vice-Mayor
• General Manager
3) security of tenure
1) First Level - shall include clerical, trades, crafts
and custodial service positions which involve
non-professional or sub-professional work in a
non-supervisory capacity requiring less than 4
years of college studies.
• Provisional – except
eligibility
• Substitute-
temporary absence
of the incumbent
Original - Initial entry in the career
and non-career service
• First 6 months -probationary period;
appointee shall undergo a thorough
character investigation;
• May be dropped from service for
unsatisfactory service or want of
capacity, anytime before the
expiration of the probationary period.
Promotion - advancement of an employee
from 1 position to another
Upgrading/Reclassification
change in position title with
increase in salary grade
Other Movements
•Reassignment
•Job Rotation
•Detail
•Secondment
•Designation
Before Appointment is Issued
- selection of personnel
Appointees to career service positions must meet
the:
• Salary – Standardized
•ACA/PERA
•Step Increment
•Bonuses-13th month, performance, etc.
(CNA)
•Membership in organization e.g. Union
•Leave
LEAVE OF ABSENCE
e.g. Monetization
Terminal Leave
Monetization of Leave Credits
• Definition: payment in advance under
prescribed limits and subject to specified
terms and conditions of the money value
of leave credits of an employee upon his
request without actually going on leave.
Monetization of Leave Credits
12 = 12 = .0481927
365-(104+12) 249
Terminal Leave
• Definition: money value of the total
accumulated leave credits of an
employee based on the highest salary
rate received prior to or upon
retirement date/voluntary separation
Terminal Leave
• applied for by an official or an employee
who intends to break his connection with his
employer
• requires as a condition sine qua non the
employee’s resignation, retirement or
separation from the service
Approval of Terminal Leave
• Application for terminal leave &
commutation of total VL & SL credits shall
be sent to the head of office concerned for
approval.
• Clearance from Ombudsman is no longer
required for processing & payment of TLB
as such clearance is needed only for
payment of retirement benefits (amended by
CSC MC#41, s. 1998)
Payment of Terminal Leave
• Commutation of leave credits is without
limitation and regardless of the period when
these credits were earned
• request for payment of terminal leave
benefits must be brought within 10 years
from the time the right of action accrues
upon an obligation created by law
Computation of Terminal Leave
TLB = S x D x CF
Where: TLB = Terminal Leave Benefits
S = Highest monthly salary received
D = No. of accumulated VL/SL credits
CF = Constant factor is .0481927
TLB = P170,183.90
Teachers’ Leave
• teachers shall not be entitled to the usual
vacation and sick leave credits but to
proportional vacation pay (PVP) of 70 days
of summer vacation plus 14 days of
Christmas vacation.
• continuous service in a school year without
incurring absences without pay of not more
than 1-1/2 days shall be entitled to 84 days
of PVP
• teachers who are designated to perform non-
teaching functions and who render the same
hours of service as other employees shall be
entitled to vacation and sick leave
• teachers who transferred to the non-teaching
service or who resigned from government
service 10 days before the close of the school
year is entitled to PVP, provided that service
will not be prejudiced and he/she fulfills
his/her responsibilities and obligations
Vacation Service Credits of Teachers
• Definition: leave credits earned by public
school teachers for services rendered
during summer or Christmas vacation, as
authorized by proper authority.
• These credits are used to offset their
absences due to illness or to offset
proportional deduction in vacation salary
due to absences for personal reasons or
late appointment
Vacation Service Credits of Teachers
Example: Ms. Cruz retired from the service with 250 VSC,
how many VL/SL shall be paid to her?
VL/SL = 30 (Y) / 69
= 30 (250) / 69
= 7,500 / 69
= 108.69
= 54.34 vacation leave credits
54.34 sick leave credits
Conversely, formula in the conversion of
VL/SL credits to vacation service credits is:
VL + SL
Y = ------------- x 69
30
Other Leave Benefits of Teachers
• other leave benefits of teachers covered
under RA#4670 (Magna Carta for Public
School Teachers:
– study leave (Sec.24) – after 7 years in
service
– indefinite sick leave (Sec.25)– shall be
granted to teachers when the nature of
the illness demands a long treatment
that will exceed one year at the least.
• teachers who are designated to perform
non-teaching functions and who render
the same hours of service as other
employees shall be entitled to vacation
and sick leave
Maternity Leave
• Formula:
y Where:
x = the no. of days to be paid
X = ------- y = the no. of days in the service
12 12 = ratio of 60 days to 2 years
Maternity Leave
• Example 1: 1 year and 6 months
540
y x = ------
X = ------- 12
12
x = 45 days
(60 days ML with 45 days pay)
50 days
Maternity Leave
• cannot be deferred but should be availed of
either before or after the actual period of
delivery in a continuous and uninterrupted
manner
• shall be granted in every instance of
pregnancy irrespective of its frequency
• Pregnancy refers to the period between
conception and delivery or birth of a child.
• For purposes of ML, miscarriage is within the
period of pregnancy.
Maternity Leave
• may be granted even if delivery occurs not
more than 15 calendar days after the
termination of employee’s service as her
right thereto had already accrued
• can still be availed even if employee is on
an extended leave of absence without pay
• still entitled even if employee has a
pending administrative case
Maternity Leave
• A female employee may be allowed to report
back to duty before the expiration of her
maternity leave.
Requirement: Medical Certificate that she is
physically fit to assume the duties of her
position
• may receive both the benefits granted under
the ML law and the salary for actual services
rendered effective the day she reports for work
Maternity Leave
• Formula: actual services rendered
Monthly Salary Rate
Salary = ------------------ x Actual No. of Days Worked
22 days
• accompanied by an authenticated
copy of the PRE-ADOPTIVE
PLACEMENT AUTHORITY issued by
the DSWD if the leave of absence
will be availed before the grant of
the petition for adoption
• after grant: DECREE OF ADOPTION
issued by the proper court
Maternity/Paternity Leave Benefits
to Adoptive Parents
• Leave of absence shall be available to
adoptive parents only once during the
whole adoption process, provided adopted
child is below 7 years old as of:
« the date the child is placed with the
adoptive parents through the Pre-
Adoptive Placement Authority; or
« the date the application for maternity or
paternity leave is made
Special Leave Privileges
e.g. Monetization
Terminal Leave
Monetization of Leave Credits
• Definition: payment in advance under
prescribed limits and subject to specified
terms and conditions of the money value
of leave credits of an employee upon his
request without actually going on leave.
Monetization of Leave Credits
12 12
----------------------- = --------------------- = 0.0481927
365 - (104 + 12) 249
Terminal Leave
• Definition: money value of the total
accumulated leave credits of an
employee based on the highest salary
rate received prior to or upon
retirement date/voluntary separation
Terminal Leave
• applied for by an official or an employee
who intends to break his connection with his
employer
• requires as a condition sine qua non the
employee’s resignation, retirement or
separation from the service
Approval of Terminal Leave
TLB = S x D x CF
Where: TLB = Terminal Leave Benefits
S = Highest monthly salary received
D = No. of accumulated VL/SL credits
CF = Constant factor is .0481927
TLB = P149,877.55
Policies on Leave of Absence
Transfer of Leave Credits
• when an employee transfers from one
government agency to another, he can either
have his accumulated vacation and/or sick
leave credits -
1) commuted; or
2) transferred to his new agency
Policies on Leave of Absence
Transfer of Leave Credits
• the second option can be exercised as a matter of right
only when employee does not have gaps in his service
• however, a gap of not more than 1 month may be
allowed if same is not due to his fault
• the option to transfer accumulated leave credits can
be exercised within 1 year only from employee’s
transfer to new agency
Policies on Leave of Absence
Maternity 60 days X X
Leave
Paternity Leave 7 days X X
Rehabilitation 6 months - -
Leave (maximum)
Study Leave 6/4 months - -
Guidelines:
• 1. Undertime, regardless of the number of minutes/hours, ten
(10) times a month for at least 2x in a semester.
• 2. Undertime, regardless of the number of minutes/hours, ten
(10) times a month for at least two (2) consecutive months
during the year.
Penalties:
1st Offense – Suspension 1 mo 1 day to 6 mos.
2nd Offense – Dismissal
Guidelines:
• Absence in the morning = Tardiness (subject
to the provisions on Habitual Tardiness)
Purpose:
To provide a uniform policy on the availment of compensatory time-
off, in lieu of overtime pay.
Coverage:
Exemption:
This Circular does not cover the following government
personnel
1. those occupying positions whose ranks are
higher than chiefs of division;
2. those appointed to positions in the Career
Executive Service (CES);
3. elective officials; and
4. military and uniformed personnel
Definition of Terms:
•The COCs should be used as time-off within the year these are
earned. The unutilized COC should not be earned over in the
ensuing year, hence, are non-cumulative.
•The COCs shall be considered as official time for the following
purpose:
•Compliance with compensation rules relative to the
entitlement to PERA, ACA, year-end benefits and other
benefits received on a regular basis, and
•Computation of service hours for entitlement to sick and
vacation leave credits, and step increment due to length of
service.
Limitation on the Use of COC
_____________________
( Head of Office)
Date Issued______________
Valid Until: December 31, 200__
No. of Hours Remaining Remarks
Date of Used
Earned COCs
CTO COCs COCs
Beginning
Balance
•Performance
•Punctuality & Attendance
•Attitude- adherence to RA 6713 &
RA9485 (ARTA of 2007)
A c c o u n t a b il it y o f P u b l ic O f f ic e r s
2. Skills
– knowledge
kn translated in the quality of our work;
- putting into practice the specialized knowledge
3. Standards
- Ruler of our work; those which measure the quality of
our work
• INTERNAL – values of the person
• EXTERNAL – are those set by those other than the individual
4. Spirit
– refers to the esprit d’ corps which is shared by
people who have something in common;
teamwork
5. Supportive Environment
- Licensure examinations - government’s support
to certain professionals which results in status.
- Position Title - provides sense of recognition.
- Organization Rewards for performance
- Monetary & Non-Monetary benefits
(c)JUSTNESS AND SINCERITY – Public officials
and employees shall remain true to the people at all
times. xxx xxx.
(d) POLITICAL NEUTRALITY – Public officials
and employees shall provide service to anyone
without unfair discrimination and regardless of
party affiliations or preference.
(e) RESPONSIVENESS TO THE PUBLIC –
Public officials and employees shall extend
prompt, courteous, and efficient service to the
public. xxx xxx.
(f) NATIONALISM AND PATRIOTISM –
Public officials and employees shall at all times be loyal
to the Republic and to the Filipino people, promote the
use of locally-produced goods, resources and
technology and encourage appreciation and pride of
county and people. xxx
(g) COMMITMENT TO DEMOCRACY –
Public officials and employees shall commit themselves
to the democratic way of life and values, maintain the
principle of public accountability, and manifest by
deeds the supremacy of civilian authority over the
military. xxx
(h) SIMPLE LIVING – Public officials and
employees and their families shall lead
modest lives appropriate to their positions
and income. xxx
Duties of Public Officials & Employees
MALFEASANCE
MISFEASANCE
ACCOUNTABLE
ULTRA VIRES
LIABLE
CULPABLE
NON FEASANCE Administratively
(omission)
Malfeasance – Performance of some act that is
wrongful
Misfeasance – Performance of a lawful act in an
unlawful or culpable manner
Ultra Vires – Performance of an act in excess of
one’s legal authority
Security of Tenure
No officer or employee of the civil service shall be removed or suspended
except for cause provided by law.
Administrative discipline is the mechanism by which
public servants are either recognized or made answerable for
omissions or acts committed while in office, in relation to laws,
rules, regulations and public policy, prescribing their duties
and responsibilities: Provided, That due process of law and the
protection of the rights to security of tenure are made
paramount in the pursuit of any disciplinary action.
Grave Offenses = Dismissal (8) Receiving for personal use of a
fee, gift or other valuable thing
(1) Serious Dishonesty; in the course of official duties
(2) Gross Neglect of Duty; or in connection therewith
when such fee, gift or other
(3) Grave Misconduct; valuable thing is given by any
(4) Being Notoriously person in the hope or
Undesirable; expectation of receiving a favor
or better treatment than that
(5) Conviction of a crime accorded to other persons, or
involving moral turpitude; committing acts punishable
(6) Falsification of official under the anti-graft laws;
document; (9)Contracting loans of money or
(7) Physical or mental other property from persons
incapacity or disability due with whom the office of the
to immoral or vicious employee has business
habits; relations;
Grave Offenses = Dismissal
(10) Soliciting or accepting directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of monetary value…
(11) Nepotism; and
(12) Disloyalty to the Republic of the Philippines and to the Filipino
people.