[ CSC MEMORANDUM CIRCULAR NO. 37, July 30, 1990 ]

DISABLED PERSONS MAY APPLY AND TAKE CIVIL SERVICE EXAMINATIONS



SECTION 26,    Article II of the Constitution, which reads: "The State shall guarantee equal access to opportunities for public service "x x x" is interpreted to cover appointments to public office which appointments shall be based on the principle of merit and fitness to be determined as far as practicable by competitive examinations.  The Commission, pursuant to paragraph (1), Section 12, Book V of the Executive Order No. 292 is empowered to administer and enforce the constitutional and statutory provisions on the merit system for all levels and ranks in the civil service.

Thus, in line with the constitutional mandate on the application of the merit and fitness principle in the appointments of government employees, the Commission regularly conducts open and competitive civil service examinations for the career service.  Further, pursuant to specific special laws, such as R.A. 1080 (Board/Bar as amended and P.D. No. 907, the Commission grants civil service eligibilities to qualified applicants.

Furthermore, Section 21, Chapter 5, Book V of the Executive Order No. 292 provides "opportunity for government employment shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to enter the service.  Employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of the positions".

Consequently, the National Council for the Welfare of Disabled Persons, which is mandated by law to promote the welfare of disabled persons, specifically their right to equal opportunities, passed Resolution No. 11, series of 1990, requesting all Examination Administering Boards and Government Agencies issuing licenses to allow disabled persons to take board/civil service examinations and to be issued all types of licenses made available to normal persons.

The CSC Memorandum Circular No. 17, series of 1989 (Physical and Mental Fitness for Continued Employment in the Public Service), which provides that:

"The Commission shall maintain a healthy government workforce that can adequately m mgCE+< ts of the service.  A healthy employee works more efficiently, more productively and possesses a better and more responsive work attitude than a sickly employee"

should not be interpreted to disqualify or disenfranchise persons who are merely crippled, deaf, mute, or blind and those who only suffer partial physical disabilities, which deformities do not render them incapable and unable to perform the duties of certain positions in the government.

Hence, the Commission, pursuant to its Resolution No. 90-668 promulgated on July 30, 1990 resolved to adopt and promulgate a policy allowing disabled persons (crippled, deaf, mute, or blind and persons who suffer partial disability) but whose deformities do not physically and mentally render them incapable of performing the duties of certain position which they may be appointed and/or impair the efficient performance of such duties, to take the Civil Service Examinations.  Moreover, these disabled persons who pass the Civil Service Examinations shall be issued the prescribed certificates of eligibilities.

This Memorandum Circular shall take effect immediately.

Adopted: 30 July 1990

(SGD.) PATRICIA A. STO. TOMAS
Chairman