WHEREAS, the President, under Proclamation No. 3 dated March 25, 1986, shall give priority to measures to achieve the mandate of the people to completely reorganize the government;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:

SECTION 1. Title. This Executive Order shall be known and cited as the "Reorganization Act of the Civil Service Commission".

SEC. 2. Reorganization. The Civil Service Commission an independent constitutional body, hereinafter referred to as the Commission, is hereby reorganized, structurally and functionally.

SEC. 3. The Commission and its Composition. The Commission shall be composed of a Chairman and two (2) Commissioners to be appointed by the President for a term of seven (7) years in accordance with the Constitution, without reappointment. Appointment to any vacancy shall only be for the unexpired portion of the term of the predecessor.

SEC. 4. Powers and Functions. The Commission shall have the following powers and functions:

(a)	Administer and enforce the Constitutional and statutory provisions on the merit system for all levels and ranks in the Civil Service;
(b)	Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of this Executive Order, the Civil Service Law and other pertinent laws;
(c)	Promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs to promote economical, efficient and effective personnel administration in the government;
(d)	Formulate policies and regulations for the administration, maintenance and implementation of position classification and compensation, and set standards for the establishment, allocation and reallocation of pay scales, classes and positions;
(e)	Render opinions and rulings on all personnel and other Civil Service matters which shall be binding on all heads of ministries, offices and agencies;
(f)	Appoint and discipline its officers and employees in accordance with law and exercise control and supervision over its activities;
(g)	Control, supervise and coordinate Civil Service examinations. Any entity or official in government may be called upon by the Commission to assist in the preparation and conduct of the said examinations including the provision of security, the use of buildings, facilities, personnel and mode of transportation of examination materials. Examination materials shall be exempt from inspection regulations;
(h)	Prescribe all forms for Civil Service examinations, appointments, reports and such other forms as may be required by law, rules and regulations;
(i)	Declare positions in the Civil Service primarily confidential, highly technical or policy determining, as may be proper;
(j)	Formulate, administer and evaluate programs relative to the development and retention of qualified and competent work force in the public service;
(k)	Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. Officials and employees who fail to comply such decisions, order, or rulings shall be liable for contempt of the Commission. Its decisions, orders, or rulings shall be final and executory. Such decisions, orders, or rulings may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of a copy thereof;
(l)	Issue subpoena and subpoena duces tecum for the production of documents and records pertinent to investigations and inquiries conducted by it in accordance with its authority conferred by the Constitution, this Executive Order, pertinent laws, proclamations and other issuances of the President;
(m)	Advise the President on all matters involving personnel management in the government service and submit to the President and annual report on its personnel programs;
(n)	Take appropriate actions in all appointments and other personnel matters in the Civil Service including extension of service beyond retirement age;
(o)	Delegate authority for the performance of any function to ministries, agencies and offices where such functions may be effectively performed;
(p)	Inspect and audit the personnel actions and programs of the ministries, agencies, bureaus, offices, local government units and other instrumentalities of the government, including government-owned and/or controlled corporations; conduct periodic review of the decisions and actions of the offices or officers to whom authority has been delegated by the Commission as well as the conduct of the officers and employees in these offices and apply appropriate sanctions whenever necessary;
(q)	Administer the retirement program for government officers and employees, and accredit government services and evaluate qualifications for retirement;
(r)	Keep and maintain personnel records of all officers and employees in the Civil Service; and
(s)	Perform all functions properly belonging to a central personnel agency and such other functions as may be provided by law.

SEC. 5. Duties and Responsibilities of the Chairman. Subject to the policies and rules adopted by the Commission, the Chairman shall:

(a)	Direct all operations of the Commission;
(b)	Establish procedures for the effective operations of the Commission;
(c)	Transmit to the President rules and regulations, and other guidelines adopted by the Commission which require Presidential attention including annual and other periodic reports;
(d)	Issue appointments to, and enforce decisions on administrative discipline involving officers and employees of the Commission;
(e)	Delegate authority for the performance of any function to officers and employees of the Commission;
(f)	Approve and submit the annual and supplemental budget of the Commission; and
	Perform such other functions as may be provided by law.

SEC. 6. Duties and Responsibilities of the Members of the Commission. Jointly with the Chairman, the two (2) Commissioner shall be responsible for the effective exercise of the rule-making and adjudicative functions of the Commission. They shall likewise perform such functions as may be delegated by the Commission. In case of the absence of the Chairman owing to illness or other cause, the senior member shall perform the functions of the Chairman.

SEC. 7. Offices in the Commission. The Commission shall have the following Offices which shall be headed, except as otherwise provided herein, by a Director and assisted by at least one (1) Assistance Director.

a. The Office of the Executive Director. This Office shall be headed by an Executive Director who shall be assisted by a Deputy Executive Director. It shall implement the policies, standards, rules and regulations promulgated by the Commission; coordinate the programs of the Offices therein; render periodic reports on the operations thereof; and perform such other functions as may be assigned thereto.

b. The Merit Systems Protection Board. It shall be composed of a Chairman and two (2) members. It shall have the following functions:

Hear and decide on appeal administrative cases involving officers and employees of the Civil Service. Its decision shall be final except those involving dismissal or separation from the service which may be appealed to the Commission;

Hear and decide cases brought before it on appeal by officers and employees who feel aggrieved by the determination of appointing authorities involving personnel actions and violations of the merit system. The decisions of the Board shall be final except those involving division chiefs or officers of higher ranks which may be appealed to the Commission;

Directly take cognizance of complaints affecting the functions of the Commission, those which are unacted upon the agencies, and such other complaints which require direct action of the Board in the interest of justice

Administer oaths, issue subpoena and subpoena duces tecum, take testimony in any investigation or inquiry, punish for contempt in accordance with the same procedures and penalties prescribed in the Rules of Court; and

Promulgate rules and regulations to carry out the functions of the Board subject to the approval of the Commission.

c. The Office of Legal Affairs. It shall provide the Commission with legal advice and assistance, render counseling services, undertake legal studies and researches; prepare opinions and rulings in the interpretation and application of the Civil Service Law, rules and regulations; and represent the Commission before any Court or tribunal.

d. The Office of Planning and Management. It shall formulate development plans, programs and projects; undertake research and studies on the different aspects of public personnel management; administer management improvement programs; and provide fiscal and budgetary services.

e. The Central Administrative Office. It shall provide the Commission with personnel, financial, logistics and other basic support services.

f. The Office of Central Personnel Records. It shall formulate and implement policies, standards, rules and regulations pertaining to personnel records maintenance, security control and disposal; provide storage and extension services; and provide and maintain library service.

g. The Office of Position Classification and Compensation. It shall formulate and implement policies, standards, rules and regulations relative to the administrative of position classification and compensation.

h. The Office of Recruitment, Examination and Placement. It shall provide leadership and assistance in developing and implementing the overall Commission programs relating to recruitment, examination and placement, and formulate policies standards, rules and regulations for the proper implementation of the Commission ™s examination and placement programs.

i. The Office of Career Systems and Standards. It shall provide leadership and assistance in the formulation and evaluation of personnel systems and standards relative to performance appraisal, merit promotion, and employee incentive benefits and awards.

j. The Office of Human Resource Development. It shall provide leadership and assistance in the development and retention of qualified and efficient work force in the Civil Service formulate standards for training and staff development; administer service-wide scholarship programs; develop training literature and materials; coordinate and integrate all training activities; and evaluate training programs.

k. The Office of Personnel Inspection and Audit. It shall develop policies, standards, rules and regulations for the effective conduct of inspection and audit of personnel and personnel management programs and the exercise of delegated authority; provide technical and advisory services to Civil Service Regional Offices and government agencies in the implementation of their personnel programs and evaluation systems.

l. The Office of Personnel Relations. It shall provide leadership and assistance in the development and implementation of policies, standards, rules and regulations in the accreditation of employee associations or organizations and in the adjustment and settlement of employee grievances and management-employee disputes.

m. The Office of Corporate Affairs. It shall formulate and implement policies standards, rules and regulations governing corporate officers and employees in the areas of recruitment, examination, placement, career development, merit and awards systems, position classification and compensation, performance appraisal, employee welfare and benefits, discipline and other aspects of personnel management on the basis of comparable industry practices.

n. The Office of Retirement Administration. It shall be responsible for the enforcement of the Constitutional and statutory provisions relative to retirement, and the regulations for the effective implementation of the retirement of government officers and employees.

o. The Regional and Field Offices. The Commission shall have not less than thirteen (13) Regional Offices each to be headed by a Director, and such field offices as may be needed, each to be headed by an official with at least the rank of an Assistant Director. Each Regional Office shall have the following functions:

Enforce Civil Service law and rules, policies, standards on personnel management within their respective jurisdiction.

Provide technical advise and assistance to government offices and agencies regarding personnel administration; and

Perform such other functions as may be delegated by the Commission.

SEC. 9. Divisions. Each Office of the Commission may have such divisions as are necessary to carry out their respective functions.

SEC. 10. New Structure and Pattern. Upon the approval of this Executive Order, the officers and employees of the Commission shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service pursuant to Article III, Section 2, of Proclamation No. 3 (1986) or Executive Order No. 17 (1986).

Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one-month basic salary for every year of service in the government, or fraction thereof, computed on the basis of the highest salary received, and an additional sum equivalent to three months of current basic salary.

No court or administrative body shall issue any writ or preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee done under this Executive Order.

SEC. 11. Transfers to the Commission. The Office of Compensation and Position Classification of the Ministry of Budget and Management and the Special Committee on Scholarships (SCS) of the National Economic and Development Authority (NEDA), together with their appropriations, records, equipment and such personnel as may be needed are hereby transferred to the Commission. The liabilities of the transferred agencies, if any, shall be dealt with in accordance with the Auditing Code and other pertinent laws, rules and regulations. Personnel of the transferred agencies, whose positions are not included in the new position structure and staffing pattern of the Commission, shall be deemed separated and shall be subject to the preceding Section 10.

SEC. 12. Development Academy of the Philippines. The Development Academy of the Philippines is hereby attached to the Commission and shall continue to exercise its primary functions of training and human resource development for the entire government bureaucracy. It shall focus on the professionalization of the government executive machinery and shall not involve itself in consultancy projects for the private sector. Such laws or issuances, as may be necessary for the reorganization of the Development Academy of the Philippines as herein authorized, shall be submitted to the President within six (6) months from the approval of this Executive Order.

SEC. 13. Membership in Boards. The Chairman shall be a member of the Board of Directors or of other governing bodies of government entities whose functions affect the career development, employment status, rights, privileges and welfare of government officers and employees, such as the Government Service Insurance System, Foreign Service Board, Foreign Trade Service Board, National Board for Teachers, and such other similar Boards as may be created by law.

SEC. 14. Funding. The amount required to carry out the provisions of this Executive Order shall be covered by the existing budget of the Commission and, in case of insufficiency thereof, to be augmented from any funds in the National Treasury not otherwise appropriated. Thereafter, the necessary funds for the yearly operations of the Commission shall be incorporated in the annual General Appropriations Act.

SEC. 15. Separability Clause. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof, as long as such remaining portions or provisions can still subsist and be given effect in their entirety.

SEC. 16. Repealing Clause. All laws, orders, issuances, rules and regulations or other parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.

SEC. 17. Effectivity. This Executive Order shall take effect immediately.

Done in the City of Manila, this 21st day of November in the year of Our Lord, nineteen hundred and eighty-six.


By the President:

(Sgd.) JOKER P. ARROYO
Executive Secretary