Civil Service Commission (CSC), Constitutional Law
Preliminary
Civil Service. The Civil Service shall be administered by the Civil Service Commission. (Section 1[1], Part B, Article IX, 1987 Constitution)
Coverage; All parts of the Government, including GOCCs with original charters. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. (Section 2[1], Part B, Article IX, Ibid.)
1. Composition and qualifications
Composition. The Civil Service Commission shall be composed of a Chairman and two (2) Commissioners. (Section 1[1], Part B, Article IX, 1987 Constitution)
| Qualifications of CSC Chairperson and Commissioners: |
| 1) Natural-born citizens of the Philippines; |
| 2) At least thirty-five (35) years of age, at the time of their appointment; |
| 3) With proven capacity for public administration; and |
| 4) Must not have been candidates for any elective position in the elections immediately preceding their appointment. (Section 1[1], Part B, Article IX, Ibid.) |
2. Security of tenure
Security of tenure; Due process. No officer or employee of the civil service shall be removed or suspended except for cause provided by law. (Section 2[3], Part B, Article IX, Ibid.)
Same; Temporary employees. Temporary employees of the Government shall be given such protection as may be provided by law. (Section 2[6], Part B, Article IX, Ibid.)
3. No electioneering or partisan political campaign
No electioneering or partisan political campaign. No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. (Section 2[4], Part B, Article IX, Ibid.)
a. Right to self-organization
Allowed to self-organize. The right to self-organization shall not be denied to government employees. (Section 2[5], Part B, Article IX, Ibid.)
Same; Limitation – on collective bargaining and negotiation. While the right to self-organization is absolute, the right of government employees to collective bargaining and negotiation is subject to limitations. (GSIS Family Bank Employees Union v. Villanueva, G.R. No. 210773, 23 January 2019)
Same; Same; No bargaining on employment terms and conditions fixed by law. In contrast with the private sector, the terms and conditions of employment of government workers are fixed by the legislature; thus, the negotiable matters in the public sector are limited to terms and conditions of employment that are not fixed by law. (Ibid.)
Same; Same; No bargaining on employment terms and conditions fixed by law. Instead of a collective bargaining agreement or negotiation, government employees must course their petitions for a change in the terms and conditions of their employment through the Congress for the issuance of new laws, rules, or regulations. (Ibid.)
Same; Same; No right to strike. At present, in the absence of any legislation allowing government employees to strike, recognizing their right to do so, or regulating the exercise of the right, they are prohibited from striking, by express provision of Memorandum Circular No. 6 and as implied in E.O. No. 180. (SSS v. CA, G.R. No. 85279, 28 July 1989)
4. Career Service
Career service. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. (Section 3, Part B, Article IX, 1987 Constitution)
Merit and fitness. Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination. (Section 2[2], Part B, Article IX, Ibid.)
Merit and Rewards System. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. (Section 3, Part B, Article IX, Ibid.)
5. Annual report
Annual Reports to the President and Congress. It shall submit to the President and the Congress an annual report on its personnel programs. (Section 3, Part B, Article IX, Ibid.)
6. Oath or affirmation to defend the Constitution
Oath-taking. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution. (Section 4, Part B, Article IX, Ibid.)
7. Salary
Standarization of compensation. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions. (Section 5, Part B, Article IX, Ibid.)
No double compensation. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government. (Section 8, Part B, Article IX, Ibid.)
Same; Pensions or gratuities. Pensions or gratuities shall not be considered as additional, double, or indirect compensation. (Paragraph 2, Section 8, Part B, Article IX, Ibid.)
Same; Separation pay and retirement benefits – not allowed. Absent clear and unequivocal statutory authority, the grant of both separation pay and retirement benefits violates the constitutional proscription on additional compensation. (Herrera v. NPC, G.R. No. 166570, 18 December 2009)
