Republic Act No. 6656

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This page features the full text of Republic Act No. 6656

AN ACT TO PROTECT THE SECURITY OF TENURE OF CIVIL SERVICE OFFICERS AND

EMPLOYEES IN THE IMPLEMENTATION OF GOVERNMENT REORGANIZATION.

REPUBLIC ACT NO. 6656

AN ACT TO PROTECT THE SECURITY OF TENURE OF CIVILSERVICE OFFICERS AND EMPLOYEES IN THE IMPLEMENTATION

OF GOVERNMENT REORGANIZATION.

Section 1. It is hereby declared the policy of the State to protect the

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Section 1. It is hereby declared the policy of the State to protect thesecurity of tenure of civil service officers and employees in thereorganization of the various agencies of the National Governmentand of local governments, state colleges and universities expresslyauthorized by law, including government-owned or controlledcorporations with original charters, without sacrificing the need topromote morale, efficiency in the civil service pursuant to Article IX,B, Section 3 of the Constitution. c h a n r o b l e s v i r t u a l l a w l i b r a r y

.Sec. 2. No officer or employee in the career service shall be removedexcept for a valid cause and after due notice and hearing. A validcause for removal exists when, pursuant to a bona fide reorganization,a position has been abolished or rendered redundant or there is aneed to merge, divide, or consolidate positions in order to meet theexigencies of the service, or other lawful causes allowed by the CivilService Law. The existence of any or some of the followingcircumstances may be considered as evidence of bad faith in theremovals made as a result of reorganization, giving rise to a claim forreinstatement or reappointment by an aggrieved party:c h a n r o b l e s v i r t u a l a w l i b r a r y

(a) Where there is a significant increase in the number of positions inthe new staffing pattern of the department or agency concerned;c h a n r o b l e s v i r t u a l l a w l i b r a r y

(b) Where an office is abolished and other performing substantially the

same functions is created;

(c) Where incumbents are replaced by those less qualified in terms ofstatus of appointment, performance and merit;

(d) Where there is a reclassification of offices in the department oragency concerned and the reclassified offices perform substantiallythe same function as the original offices;c h a n r o b l e s v i r t u a l l a w l i b r a r y

(e) Where the removal violates the order of separation provided inSection 3 hereof.

Sec. 3. In the separation of personnel pursuant to reorganization, thefollowing order of removal shall be followed:c h a n r o b l e s v i r t u a l a w l i b r a r y

(a) Casual employees with less than five (5) years of governmentservice; c h a n r o b l e s v i r t u a l l a w l i b r a r y

(b) Casual employees with five (5) years or more of governmentservice;

(c) Employees holding temporary appointments; and c h a n r o b l e s v i r t u a l l a w l i b r a r y

(d) Employees holding permanent appointments: Provided, That thosein the same category as enumerated above, who are least qualified interms of performance and merit shall be laid first, length of servicenotwithstanding.

Sec. 4. Officers and employees holding permanent appointments shallbe given preference for appointment to the new positions in theapproved staffing pattern comparable to their former position or incase there are not enough comparable positions, to positions nextlower in rank.

No new employees shall be taken in until all permanent officers andemployees have been appointed, including temporary and casualemployees who possess the necessary qualification requirements,among which is the appropriate civil service eligibility, for permanent

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among which is the appropriate civil service eligibility, for permanentappointment to positions in the approved staffing pattern, in casethere are still positions to be filled, unless such positions are policy-determining, primarily confidential or highly technical in nature.

Sec. 5. Officers and employees holding permanent appointments shallbe given preference for appointment in other agencies if they meet

the qualification requirements of the positions therein.c h a n r o b l e s v i r t u a l l a w l i b r a r y

Sec. 6. In order that the best qualified and most deserving personsshall be appointed in any reorganization, there shall be created aPlacement Committee in each appointments shall be given preferencefor appointment in the judicious selection and placement ofpersonnel. The Committee shall consist of two (2) members appointedby the head of the department or agency, a representative of theappointing authority, and two (2) members duly elected by theemployees holding positions in the first and second levels of thecareer service: Provided, That if there is a registered employeeassociation with a majority of the employees as members, thatemployee association shall also have a representative in theCommittee: Provided, further That immediately upon approval of thestaffing pattern of the department or agency concerned, such staffingpattern shall be made known to all officers and employees of theagency who shall be invited to apply for any of the positionsauthorized therein. Said application shall be considered by theCommittee in the placement and selection of personnel.

Sec. 7. A list of the personnel appointed to the authorized positionsin the approved staffing pattern shall be made known to all theofficers and employees of the department or agency. Any of suchofficers and employees aggrieved by the appointments made may filean appeal with the appointing authority who shall make a decisionwithin thirty (30) days from the filling thereof. c h a n r o b l e s v i r t u a l l a w l i b r a r y

Sec. 8. An officer or employee who is still not satisfied with thedecision of the appointing authority may further appeal within ten(10) days from the receipt thereof to the Civil Services Commissionwhich shall render a decision thereon within thirty (30) days andwhose decision shall be final and executory.

Sec. 9. All officers and employees who are found by the Civil ServiceCommission to have been separated in violation of the provisions ofthis Act, shall be ordered reinstated or reappointed as the case may bewithout loss of seniority and shall be entitled to full pay for theperiod of separation. Unless also separated for cause, all officers andemployees, who have been separated pursuant to reorganization shall,if entitled thereto, be paid the appropriate separation pay andretirement and other benefits under existing laws within ninety (90)days from the date of the effectivity of their separation or from thedate of the receipt of the resolution of their appeals as the case may

be: Provided, That application for clearance has been filed and noaction thereon has been made by the corresponding department oragency. Those who are not entitled to said benefits shall be paid aseparation gratuity in the amount equivalent to one (1) month salaryfor every year of service. Such separation pay and retirement benefitsshall have priority of payment out of the savings of the department oragency concerned.

Sec. 10. All heads of department, commissions, bureaus, agencies oroffices who after the effectivity of this Act willfully violate anyprovision thereof, including failure to abide by the rules promulgatedby the Civil Service Commission or to implement a Civil ServiceCommission reinstatement order, shall upon conviction be punished

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Commission reinstatement order, shall upon conviction be punishedby a fine not, exceeding ten thousand pesos (P10,000.00) or byimprisonment of not less than three(3) nor more than five (5) years orboth such fine and imprisonment in the discretion of the Court, andsuffer permanent disqualification to hold public office.c h a n r o b l e s v i r t u a l l a w l i b r a r y

Sec. 11. The executive branch of the government shall implementreorganization schemes within a specified period of time authorizedby law.

In the case of the 1987 reorganization of the executive branch, alldepartments and agencies which are authorized by executive orderspromulgated by the President to reorganize shall have ninety (90)days from the approval of this Act within which to implement theirrespective reorganization plans in accordance with the provisions ofthis Act.

Sec. 12. The Civil Service Commission shall promulgate thenecessary rules and regulations to implement the provisions of thisAct.

Sec. 13. All laws, rules and regulations or parts thereof, inconsistentwith the provisions of this Act are hereby repealed or modifiedaccordingly. The rights and benefits under this Act shall beretroactive as of June 30, 1987.

Sec. 14. If any part, section or provisions of this Act shall be heldinvalid or unconstitutional, no other part, section or provision thereofshall be affected thereby. c h a n r o b l e s v i r t u a l l a w l i b r a r y

Sec. 15. This Act shall take effect fifteen (15) days from the date of

its publication ion at least two (2) newspapers of general circulation.

Approved: June 10, 1988

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