period of service shall be con
sidered as service although
he did not receive pay on those
days inasmuch as his service was not then required.
A fraction of one
fourth or more but less than three
fourth shall be considered as one
half
day and a fraction of three
fourths or more shall be
counted as one full day fo
r purposes of
granting leave of absence.
SECTION 29.
Computation of Leave for Employees with Irregular
Work Schedule
.
—
Employees, including, among others, hospital personnel, whose work schedules are
irregular and at times inclu
de Saturdays, Sundays, and
legal holidays and are instead off
duty on other days, their off
duty days regardless or whether they f
all on Saturdays,
Sundays, or holidays during the period of their leave, are to be excluded in the
computation
of vacation and
sick leave. In other words
, if an employee is off
duty, say for two (2) days
falling on Saturdays, Sundays, or holidays, these da
ys occurring within the period of
authorized leave are to be excluded in the deduction of the number of days of leave
from
the
earned leave credits of th
e employee.
SECTION 30.
Computation of Leave for Employees Observing Flexible Working Hours
.
—
Employee
s observing flexible working hours who render less than the usual eight (8)
hours of work per day but complete the forty (40)
hours of work in a week, sh
all be
deducted from their leave credits only the minimum number of hours required to be
served for a d
ay but which was not served. Any absence incurred must be charged in
proportion to the number of hours required for a day's wo
rk.
SECTION 31.
Commutation
of Salary Prior to Leave
.
—
The proper head of department, local
government unit, and government owned
or controlled corporation with original charter
may, in his discretion, authorize the commutation of the salary that would be
received
during the period
of vacation and sick leave of any appointive official and employee and
direct its payment at the begin
ning of such leave from the fund out of which the salary
would have been paid.
SECTION 32.
Absence on a Regular Day for which
Suspension of Work is Annou
nced
.
—
Where an official or an employee fails to report for work on a regular day for which
suspension
of work is declared after the start of regular working hours, he shall be
considered absent on that day.
SECTION 33.
Leave of
Absence Without Pay on a D
ay Immediately Preceding or Succeeding
Saturday, Sunday or Holiday
.
—
When an employee, regardless of w
hether he has leave
credits or not is absent on a day immediately preceding or succeeding a Saturday,
Sunday
or holiday, he sh
all not be considered absen
t on said days. However, the same provision is
applicable only to intermittent or broken absences incur
red by an employee but not to
continuous or uninterrupted absences without pay exceeding a period of seven (7)
calendar days.
SECTION 34.
Tardiness and U
ndertime are Deducted Against Vacation Leave Credits
.
—
Tardiness and undertime are deducted from vacat
ion leave credits and shall not be
charged against sick leave credits, unless the undertime is for health reasons
supported by
medical certificate and ap
plication for leave.
SECTION 35.
Terminal Leave
.
—
Terminal leave is applied for by an official or an e
mployee
who intends to sever his connection with his employer. Accordingly, the filing of
application for terminal leave requi
res as a condition
sine qua
non
, the employee's
resignation, retirement or separation from the service without any fault on his pa
rt. It must
be shown first that public employment cease by any of the said modes of severances.
SECTION 36.
Approval of Termin
al Leave
.
—
Application for
commutation of vacation and
sick leave in connection with separation through no fault of an official o
r employee shall be
sent to the head of department concerned for approval. In this connection, clearance
from
the Ombudsman is
no longer required for pro
cessing and payment of terminal leave as
such clearance is needed only for payment of retirement benefi
ts.
SECTION 37.
Payment of Terminal Leave
.
—
Any official/employee of the government who
retires, voluntarily resigns, or is s
eparated from the service t
hrough no fault of his own, and
who is not otherwise covered by special law, shall be entitled to the c
ommutation of his
leave credits exclusive of Saturdays, Sundays and Holidays without limitation and
regardless of the period w
hen the credits were earned
.
SECTION 38.
Period Within which to Claim Terminal Leave Pay
.
—
Request for payment of
terminal leave
benefits must be brought within ten (10) years from the time the right of
action accrues upon an obligation created by law.
SECTION 39.
Basis of Computati
on of Terminal Leave
.
—
Payment of terminal leave for
purposes of
retirement or voluntary resignation s
hall be based on the highest monthly
salary received at any time during his period of employment in the government
service and
not on his latest salary,
unless the latter is the highest received by the retiree.
SECTION
40.
Computation of Terminal Leave
.
—
T
he terminal leave benefits shall be
computed as follows:
SECTION 41.
Official/Employee on Terminal Leave Does Not Earn Leave
Credits
.
—
The
official/employee who is on terminal leave does not earn any leave credits as he is alr
eady
out of the service. While on terminal leave, he merely enjoys the benefits derived
during
the time of such employment. Consequently, he is no longer
entitled to
the benefits or
salary increases that may be granted thereafter.
SECTION 42.
Employee on E
xtension of Service Does not Earn Leave Credits
.
—
The
official/employee who has reached the compulsory retirement age of 65 but whose
service
has been e
xtended by t
he Commission for another six (6) months, no longer earns leave
credits.
SECTION 43.
Comput
ation of Salary
.
—
An official or employee who applies for vacation or
sick leave shall be granted leave with pay at the salary he is currently receiving
.
SECTION 44
.
Leave During Probationary Period
.
—
An employee still on probation may
already avail of w
hatever leave credits he has earned during said period. Accordingly, any
leave of absence without pay incurred during the period of probation shall exten
d the
comple
tion thereof for the same number of days of such absence.
SECTION 45.
Payment of Unused Vac
ation Service Credits of Teachers
.
—
Teachers and other
school personnel on the teachers' leave basis who resigned, retired, or are separated
from
the se
rvice throug
h no fault of their own on or after January 16, 1986 shall be paid the
money value of their
unused vacation service credits converted to vacation and sick leave
using the formula:
SECTION 46.
Transfer from Teaching to Non
Teaching Service Durin
g Summer Vac
ation
.
—
A
teacher who transferred to the non
teaching service immediately after the close
of the
school year during summer vacation, is entitled to proportional vacation pay
inasmuch as
his right thereto has already accrued.
SECTION 47.
Transf
er of Leave
Credits
.
—
When an official or employee transfers from one
government agency to another, he
can either have his accumulated vacation and/or sick
leave credits commuted or transferred to his new agency.
The second option can be exercised as a ma
tter of righ
t only by an employee who does not
have gaps in his service. However, a gap of not more tha
n one month may be allowed
provided same is not due to his fault.
The option to transfer accumulated leave credits can be exercised within one (1) year
o
nly
from the
employee's transfer to the new agency.
This provision is not applicable to transfer of lea
ve credits of uniformed personnel from the
military to the civilian service.
SECTION 48.
Remedy when Transfer of Leave Credits is Denied
.
—
An official o
r employee
w
ho failed to transfer his leave credits to the new office in line with the provisions in th
e
preceding section, may claim the money value of such leave credits from the office
where
earned.
SECTION 49.
Period Within which to Act on Leave Applic
ation
.
—
Whe
never the application
for leave of absence, including terminal leave, is not acted upon by
the head of agency or his
duly authorized representative within five (5) working days after receipt thereof, the
application for leave of absence shall b
e deemed app
roved.
SECTION 50.
Effect of Unauthorized Leave
.
—
An official/employee who is absent witho
ut
approved leave shall not be entitled to receive his salary corresponding to the period
of his
unauthorized leave of absence. It is understood, however
that his ab
sence shall no longer
be deducted from his accumulated leave credits, if there are any.
SEC
TION 51.
Application for Vacation Leave
.
—
All applications for vacation leave of
absence for one (1) full day or more shall be submitted on the prescrib
ed form for
action
by the proper head of agency five (5) days in advance, whenever possible, of the eff
ective
date of such leave.
SECTION 52.
Approval of Vacation Leave
.
—
Leave of absence for any reason other than
illness of an official or employee or of
any member o
f his immediate family must be
contingent upon the needs of the service. Hence, the grant o
f vacation leave shall be at the
discretion of the head of department/agency.
SECTION 53.
Application for Sick Leave
.
—
All applications for sick leave o
f absence fo
r one
full day or more shall be made on the prescribed form and shall be filed immediately
upon
employee's return from such leave. Notice of absence, however, should be sent to
the
immediate supervisor and/or to the agency head. Application for
sick leave
in excess of five
(5) successive days shall be accompanied by a proper medical certificate.
Sick leave may be applied for in advance in cases where the official or employee will
undergo medical examination or operation or advised to rest in vie
w of ill hea
lth duly
supported by a medical certificate.
In ordinary application for sick leave already
taken not exceeding five days, the head of
department or agency concerned may duly determine whether or not granting of sick
leave
is proper under the c
ircumstances
. In case of doubt, a medical certificate may be required.
SECTION 54.
Approval of Sick Lea
ve
.
—
Sick leave shall be granted only on account of
sickness or disability on the part of the employee concerned or of any member of his
immediate famil
y.
SECTION 5
5.
Rehabilitation Leave for Job
Related Injuries
.
—
Applications of officials and
employees
for leave of absence on account of wounds or injuries incurred in the
performance of duty must be made on the prescribed form, supported by the proper
m
edical certi
ficate and evidence showing that the wounds or injuries were incurred in the
performance of
duty. The head of department/agency concerned shall direct that absence
of an employee during his period of disability thus occasioned shall be on full
pay, but not
to exceed six (6) months. He shall also authorize the payment of medical attendance,
neces
sary transportation, subsistence and hospital fees of the injured person. Absence in
the case contemplated shall not be charged against sick leave or vac
ation leave,
if there are
any.
SECTION 56.
Leave Without Pay
.
—
All absences of an official or employee
in excess of his
accumulated vacation or sick leave credits earned shall be without pay.
When an employee had already exhausted his sick leave credits,
he can use h
is vacation
leave credits but not vice versa.
SECTION 57.
Limit of Leave Without Pay
.
—
Lea
ve without pay not exceeding one year may
be granted, in addition to the vacation and/or sick leave earned. Leave without pay in
excess of one month shal
l require the clearance of the proper head of department or
agency.
SECTION 58.
When Leave Without P
ay
is Not Allowable
.
—
Leave without pay shall not be
granted whenever an employee has leave with pay to his credit except in the case of
secondment.
SECTIO
N 59.
Seconded Employee on Leave Without pay from his Mother Agency
.
—
The
seconded employee shall b
eo
n leave without pay from his mother agency for the duration
of his secondment, and during such period, he may earn leave credits which is
commutable
imme
diately thereafter at and payable by the receiving agency.
SECTION 60.
Effect of Vacation Leave With
out
Pay on the Grant of Length of Service Step
Increment
.
—
For purposes of computing the length of service for the grant of step
increment, approved vacati
on leave without pay for an aggregate of fifteen (15) days shall
not interrupt the continuity of the
th
ree
year service requirement for the grant of step
increment. However, if the total number of authorized vacation leave without pay
included
within the t
hree
year period exceeds fifteen (15) days, the grant of one
step increment will
only be delayed for
th
e same number of days that an official or employee was absent
without pay.
SECTION 61.
Effect of Pending Administrative Case Against an Official or Emplo
yee
.
—
Where officials or employees have pending formal administrative charges against
them, no
vaca
tio
n leave with pay shall be granted the respondent during the pendency of the case.
SECTION 62.
Effect of Failure to Report for Duty After Expiration of On
e Year Leave
.
—
If an
official or an employee who is on leave without pay pursuant to Section 57 her
eof
, fails to
report for work at the expiration of one year from the date of such leave, he shall be
considered automatically separated from the service.
SE
CTION 63.
Effect of Absences Without Approved Leave
.
—
An official or an employee who
is continuously a
bsent without approved leave for at least thirty (30) calendar days shall
be considered on absence without official leave (AWOL) and shall be separated f
rom the
service or dropped from the rolls without prior
notice. He shall, however, be informed, at
his
address appearing on his 201 files of his separation from the service, not later than
five
(5) days from its effectivity.
If the number of unauthorized a
bsences incurred is less than thirty (30) calendar days
,a
written Return
to
Work Order shall be served
to him at his last known address on record.
Failure on his part to report for work within the period stated in the order shall be a
valid
ground to drop
him from the rolls.
SECTION 64.
Status of the Position
of an Official or Employee on Vacation Leave or
Sick
Leave
.
—
While the incumbent is on vacation or sick leave with or without pay, his position
is not vacant. During the period of such leave therefor
e, only substitute appointment can be
made to such posi
tion.
SECTION 65.
Effect of Decision in Administ
rative Case
.
—
An official or employee in the
government who is separated from the service for cause shall forfeit his leave credits.
SECTION 66.
Effect
of Exoneration from Criminal/Administrative Case
.
—
In
general,
officials and employees who have been d
ismissed from the service but who were later
exonerated and thereafter reinstated, are entitled to the leave credits during the
period
they were out of t
he service. cdasia
SECTION 67.
Cause for Disciplinary A
ction
.
—
Any violation of the leave laws, rules
or
regulations, or any misrepresentation or deception in connection with an application
for
leave, shall be a ground for disciplinary action.
(Amendments
to Rules I and XVI of the
Omnibus Rules Implementing B
ook V of the Administrative Code of 1987 (Execut
ive Order
292), CSC Memorandum Circular No. 41
98, [December 24, 1998])
RULE XV
II Government Office Hours
SECTION 1.
*
It shall be the duty of each head of department or ag
ency to require all
officers and employees under
him to strictly observe the prescribed office hours. When the
head of office, in the exercise of his discretion allows government officials and
employee
s
to leave the office during the office hours and not f
or official business, but to attend
socials/even
ts/functions and/or wakes/interments, the same shall be reflected in their
time cards and charged to their leave credits.
SECTION 2. Each head of departm
ent or agency shall require a daily record of attendanc
e of
all the officers and employees under him in
cluding those serving in the field or on the
water, to be kept on the proper form and, whenever possible, registered on the
bundy
clock.
Service "in the
field" shall refer to service rendered outside the offi
ce proper and service
"on the water" shall refer
to service rendered on board a vessel which is the usual place of
work.
SECTION 3. Chiefs and Assistant Chiefs of agencies who are appointed by the Pres
ident,
officers who rank higher than these chiefs and a
ssistant chiefs in the three branches of the
gov
ernment, and other presidential appointees need not punch in the bundy clock, but
attendance and all absences of such officers must be recorded.
SECTION
4. Falsification or irregularities in the keeping of ti
me records will render the
guilty officer or emp
loyee administratively liable without prejudice to criminal prosecution
as the circumstances warrant.
SECTION 5. Officers and employees of all department
s and agencies except those covered
by special laws sha
ll render not less than eight hours of work a da
y for five days a week or
a total of forty hours a week, exclusive of time for lunch. As a general rule, such hours
shall
be from eight o'clock in the mo
rning to twelve o'clock noon and from one o'clock to fi
ve
o'clock in the afternoon on all days except S
aturdays, Sundays and Holidays.
SECTION 6. Flexible working hours may be allowed subject to the discretion of the
head of
department or agency. In no cas
e shall the weekly working hours be reduced in the even
t
the department or agency adopts the flexi
time
schedule in reporting for work.
SECTION 7. In the exigency of the service, or when necessary by the nature of the
work of a
particular agency and upon r
epresentations with the Commission by the department he
ads
concerned, requests for the rescheduling or
shifting of work schedule of a particular agency
for a number of working days less than the required five days may be allowed
provided
that government of
ficials and employees render a total of forty hours a w
eek and provided
further that the public is assu
red of core working hours of eight in the morning to five in
the afternoon continuously for the duration of the entire workweek.
SECTION 8. Officers and
employees who have incurred tardiness and undertime, re
gardless
of the number of minutes per day, ten (
10) times a month for at least two (2) consecutive
months during the year or for at least two (2) months in a semester shall be subject to
disciplinary a
ction.
(Amendment of Section 8, Rule XVII of the Omnibu
s Rules
Implementing Book V of E.O. No. 292, CSC
Memorandum Circular No. 34
98, [August 11,
1998])
SECTION 9. Off
setting of tardiness or absences by working for an equivalent number of
minutes or hour
s by which an officer or employee has been tardy or absent, beyond the
regular or approved working hour
s of the employees concerned, shall not be allowed.
SECTION 10. When the interest of public service so requires, the daily hours of work
for
officers and
employees may be extended by the head of the agency concerned, which
extension shall be fixed in accor
dance with the nature of the work. Provided, That w
ork in
excess of eight (8) hours must be properly compensated.
RULE XVIII Pr
ohibitions
SECTION 1. No appointive official shall
hold any other office or employment in the
Government or any subdivision, agency or instrumentality th
ereof, including government
owned or controlled corporations with original charters or their subsidiari
es, unless
otherwise allowed by law or by the prima
ry functions of his position.
SECTION 2. No elective or appointive public officer or employee shall re
ceive additional,
double, or indirect compensation, unless specifically authorized by law, nor accept w
ithout
the consent of the Congress, any present, em
olument, office, or title of any kind from any
foreign government.
Pensions or gratuities shall not be
considered as additional, double or indirect
compensation.
SECTION 3. No officer or employee in the Ci
vil Service including the members of Armed
Forces,
shall engage directly or indirectly in any partisan political activity or take part in
any election ex
cept to vote nor shall he use his official authority or influence, to coerce the
political activity of
any other person or body.
Nothing herein provided s
hall be understood to prevent any officer or employee from
expressing his views on current political p
roblems or issues, or from mentioning the names
of candidates for public office whom he supports.
SECTI
ON 4. No laborers, whether skilled, semi
skilled or
unskilled shall be assigned to
perform clerical duties.
SECTION 5. No detail or reassignment shall be
made within three months before any
election.
SECTION 6. No appointments in the national, provincial,
city and municipal government or
in any branch or i
nstrumentality thereof, including government
owned or controlled
corporations with original charters s
hall be made in favor of a relative of the appointing or
recommending authority, or of the chief of the
bureau or office, or of the persons exercising
imm
ediate supervision over the appointee.
Unless otherwise specifically provided by law, as used in this
Section, the word "relative"
and the members of the family referred to are those related within the thi
rd degree either
of consanguinity or of affinity.
T
he following are exempted from the operation of the rules on nepotism: (a) persons
employed in a confi
dential capacity; (b) teachers; (c) physicians; (d) members of the
Armed Forces of the Philippines. Pro
vided however: That in each particular instance ful
l
report of such appointment shall be made to the Commission.
The restriction mentioned in the first p
aragraph of this Section shall not be applicable to
the case of a member of any family who after his or
her appointment to any position in an
office or bu
reau, contracts marriage with someone in the same office or bureau, in which
event the employment or r
etention therein of both husband and wife may be allowed.
Cases of previous appointment which are in co
ntravention hereof shall be corrected by
transfer,
and pending such transfer, no promotion or salary increase shall be allowed in
favor of the relative o
r relatives who were appointed in violation of these provisions.
SECTION 7. No discrimination shall be
exercised, threatened or promised against, or in
fa
vor of, any person examined or to be examined or employed, by reason of his political
or
religious opi
nions or affiliations, sex or civil status.
SECTION 8.
*
No officer or employee under adminis
trative investigation shall be allowed to
resign pending decision of his case.
In case of compulsory re
tirement, the case shall continue to be investigated for purposes of
determining the employees' entitlement to retire
ment benefits. The disciplinary auth
ority
shall decide the case within 90 days.
SECTION 9. Such other prohibitions contained in other laws
on administrative matters are
deemed incorporated herein.
RULE XIX Miscellaneous Provisions
SECTION 1. The Commission shall hav
e authority to promulgate such regulations in
pursuance and in execution of these Rules.
SECTION 2. The Commission shall prescribe all forms for applicat
ion, examination,
certification, appointment, reports, records and s
uch other forms as may be required
under
these Rules.
SECTION 3. The Commission shall collect and charge fees for civil service examinations,
certifications and civil service ratings, serv
ice records, training courses, seminars,
workshops in personnel mana
gement and other civil service matt
ers. For this purpose, the
Commission shall prescribe standard and reasonable rates for such examinations,
certifications, training courses, seminars, an
d workshops: Provided, That no examination
fees shall be collected i
n examinations given for the select
ion of scholars.
SECTION 4. The income of the Commission from fees, costs for services it may assess
and
levy, and such other proceeds generated in the p
erformance of its functions shall be
directly utilized by the Commis
sion for its expense.
SECTION 5. Me
mbers of the Commission, chiefs of offices, and other officers and employees
of the Commission designated in writing by the Chairman may administer such
oath as may
be necessary in the transactions of official business an
d administer oaths and take
testimo
ny in connection with any authorized investigation. Attorneys of the Commission
may prosecute and defend cases in connection with the functions of the Co
mmission before
any court or tribunal.
SECTION 6. No person employed
in the Civil Service in violation
of the Civil Service law and
rules shall be entitled to receive pay from the government. The appointing authority
responsible for such unlawful employmen
t shall be personally liable for the pay that would
have accrued had
the employment been lawful, and th
e disbursing officials shall make
payment to the employee of such amount from the salary of the officers so liable.
SECTION 7. Except as may otherwise be
provided by law, it shall be unlawful for a treasurer
or other fisc
al officer to draw or retain from t
he salary due an officer or employee any
amount for contribution or payment of obligations other than those due the
government or
its instrumentalities.
SECTION 8. Whoever makes any appointment or employs any person in vi
olation of any
provision of these R
ules or whoever commits fraud, deceit or intentional
misrepresentation of material facts concerning other civil service matters, or whoever
violates, ref
uses or neglects to comply with any of such provisions or rules, sha
ll upon
conviction be punished by a
fine not exceeding one thousand pesos or by imprisonment not
exceeding six (6) months, or both such fine and imprisonment in the discretion of the
court
.
SECTION 9. If any section or part of these Rules shall be held to
be invalid, the remaining
provision
s shall be given full force and effect as completely as if the part held invalid had
not been included therein.
SECTION 10. All existing Civil Service ru
les and regulations, Circulars and Memoranda
inconsistent with these
Rules are hereby repealed or amend
ed accordingly.
SECTION 11. These Rules shall take effect 30 days after the completion of its
publication in
the Official Gazette or in a newspaper of ge
neral circulation.
(Omnibus Rules Implementing Book V of Executive O
rder No. 292 and Other Pertinent Ci
vil
Service Laws, [1995])