C.

Dis/Qualifications for Appointive Office in the Non-Career Service Certified Public Accountants with not less than ten years of auditing
experience, or members of the Philippine Bar who have been engaged in the
Constitution art VIII, sec 7
practice of law for at least ten years, and must not have been candidates for
Section 7. (1) No person shall be appointed Member of the Supreme Court or any elective position in the elections immediately preceding their
any lower collegiate court unless he is a natural-born citizen of the appointment. At no time shall all Members of the Commission belong to the
Philippines. A Member of the Supreme Court must be at least forty years of same profession.
age, and must have been for fifteen years or more, a judge of a lower court
Art XI, sec 8
or engaged in the practice of law in the Philippines.
Section 8. The Ombudsman and his Deputies shall be natural-born citizens of
(2) The Congress shall prescribe the qualifications of judges of lower courts,
the Philippines, and at the time of their appointment, at least forty years old,
but no person may be appointed judge thereof unless he is a citizen of the
of recognized probity and independence, and members of the Philippine Bar,
Philippines and a member of the Philippine Bar.
and must not have been candidates for any elective office in the immediately
(3) A Member of the Judiciary must be a person of proven competence, preceding election. The Ombudsman must have, for ten years or more, been
integrity, probity, and independence. a judge or engaged in the practice of law in the Philippines.

Art IX-B, sec 1(1) During their tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article 1X-A of this Constitution.
Section 1. (1) The civil service shall be administered by the Civil Service
Commission composed of a Chairman and two Commissioners who shall be Art XII, sec 20
natural-born citizens of the Philippines and, at the time of their appointment,
Section 20. The Congress shall establish an independent central monetary
at least thirty-five years of age, with proven capacity for public
authority, the members of whose governing board must be natural-born
administration, and must not have been candidates for any elective position
Filipino citizens, of known probity, integrity, and patriotism, the majority of
in the elections immediately preceding their appointment.
whom shall come from the private sector. They shall also be subject to such
Art IX-C, sec 1(1) other qualifications and disabilities as may be prescribed by law. The
authority shall provide policy direction in the areas of money, banking, and
Section 1. (1) There shall be a Commission on Elections composed of a credit. It shall have supervision over the operations of banks and exercise
Chairman and six Commissioners who shall be natural-born citizens of the such regulatory powers as may be provided by law over the operations of
Philippines and, at the time of their appointment, at least thirty-five years of finance companies and other institutions performing similar functions.
age, holders of a college degree, and must not have been candidates for any
elective positions in the immediately preceding elections. However, a Until the Congress otherwise provides, the Central Bank of the Philippines
majority thereof, including the Chairman, shall be members of the Philippine operating under existing laws, shall function as the central monetary
Bar who have been engaged in the practice of law for at least ten years. authority.

Art IX-D, sec 1(1) Art XIII, sec 17

Section 1. (1) There shall be a Commission on Audit composed of a Chairman Section 17. (1) There is hereby created an independent office called the
and two Commissioners, who shall be natural-born citizens of the Philippines Commission on Human Rights.
and, at the time of their appointment, at least thirty-five years of age,
(2) The Commission shall be composed of a Chairman and four Members who reinstatement, by re-employment of persons separated through reduction in
must be natural-born citizens of the Philippines and a majority of whom shall force, or by appointment of persons with the civil service eligibility
be members of the Bar. The term of office and other qualifications and appropriate to the positions.
disabilities of the Members of the Commission shall be provided by law.
SECTION 26. P e r s o n n el A c tio n s . — All appointments in the career
(3) Until this Commission is constituted, the existing Presidential Committee service shall be made only according to merit and fitness, to be determined
on Human Rights shall continue to exercise its present functions and powers. as far as practicable by competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever there is a civil service
(4) The approved annual appropriations of the Commission shall be
eligible actually available for and ready to accept appointment.
automatically and regularly released.
2. Qualified Standards

EO 292, Book V, Title I, Subtitle A, Chapter 5, sec 22

D. Dis/Qualifications of Appointive Officers in the Career Service
SECTION 22.Q u ali c a tio n S t a n d a r d s . — (1) A qualification standard
1. Principles
expresses the minimum requirements for a class of positions in terms of
Exec. Ord. No. 292, Book V, Title I, Subtitle A, sec 21 (1-3,5), sec 26, 1st par. education, training and experience, civil service eligibility, physical fitness,
and other qualities required for successful performance. The degree of
SECTION 21. R e c r uit m e n t a n d S ele c tio n o f E m p lo y e e s . — qualifications of an officer or employee shall be determined by the appointing
(1) Opportunity for government employment shall be open to all qualified authority on the basis of the qualification standard for the particular position.
citizens and positive efforts shall be exerted to attract the best qualified to Qualification standards shall be used as basis for civil service examinations for
enter the service. Employees shall be selected on the basis of fitness to positions in the career service, as guides in appointment and other personnel
perform the duties and assume the responsibilities of the positions. actions, in the adjudication of protested appointments, in determining
training needs, and as aid in the inspection and audit of the agencies'
(2) When a vacancy occurs in a position in the first level of the Career Service personnel work programs. It shall be administered in such manner as to
as defined in Section 8, the employees in the department who occupy the continually provide incentives to officers and employees towards
next lower positions in the occupational group under which the vacant professional growth and foster the career system in the government service.
position is classified, and in other functionally related occupational groups (
and who are competent, qualified and with the appropriate civil service
eligibility shall be considered for promotion. 2) The establishment, administration and maintenance of qualification
standards shall be the responsibility of the department or agency, with the
(3) When a vacancy occurs in a position in the second level of the Career assistance and approval of the Civil Service Commission and in consultation
Service as denied in Section 8, the employees in the government service who with the Wage and Position Classification Office.
occupy the next lower positions in the occupational group under which the
vacant position is classified and in other functionally related occupational
groups and who are competent, qualified and with the appropriate civil 3. Eligibility for 1st and 2nd Level Career Service Positions
service eligibility shall be considered for promotion. EO 292, Book V, Title I, Subtitle A, sec 5(8); 7, 1st par.; sec 26, 1st par.
(5) If the vacancy is not filled by promotion as provided herein the same shall
be filled by transfer of present employees in the government service, by
(8)E li g i b l e refers to a person who obtains a passing grade in a civil service supervisory or supervisory capacity requiring at least four years of college
examination or is granted a civil service eligibility and whose name is entered work up to Division Chief level; and
in the register of eligibles.
(c) The third level shall cover positions in the Career Executive Service.

(2) Except as herein otherwise provided, entrance to the first two levels shall
SECTION 7. C a r e e r S e r vic e . — The Career Service shall be characterized
be through competitive examinations, which shall be open to those inside
by (1) entrance based on merit and fitness to be determined as far as
and outside the service who meet the minimum qualification requirements.
practicable by competitive examination, or based on highly technical
Entrance to a higher level does not require previous qualification in the lower
qualifications; (2) opportunity for advancement to higher career positions;
level. Entrance to the third level shall be prescribed by the Career Executive
and (3) security of tenure.
Service Board.

(3) Within the same level, no civil service examination shall be required for
SECTION 26. P e r s o n n el A c tio n s . — All appointments in the career
promotion to a higher position in one or more related occupational groups. A
service shall be made only according to merit and fitness, to be determined
candidate for promotion should, however, have previously passed the
as far as practicable by competitive examinations. A non-eligible shall not be
examination for that level.
appointed to any position in the civil service whenever there is a civil service
eligible actually available for and ready to accept appointment.
SECTION 12. P o w e r s a n d F u n c tio n s . — The Commission shall have the
following powers and functions:
a. Civil Service Examinations

EO 292, Book V, Title I, Subtitle A, sec 5(9), 8, 12(7-8), 21(7-8), 23-25, 61-62
(7) Control, supervise and coordinate Civil Service examinations. Any entity
(9) E x a min a tio n refers to a civil service examination conducted by the or official in government may be called upon by the Commission to assist in
Commission and its regional oces or by other departments or agencies with the preparation and conduct of said examinations including security, use of
the assistance of the Commission, or in coordination or jointly with it, and buildings and facilities as well as personnel and transportation of examination
those that it may delegate to departments and agencies pursuant to this Title, materials which shall be exempt from inspection regulations;
or those that may have been delegated by law.
(8) Prescribe all forms for Civil Service examinations, appointments, reports
SECTION 8. Cla s s e s o f P o sitio n s in t h e C a r e e r S e r vic e . — (1) Classes and such other forms as may be required by law, rules and regulations;
of positions in the career service appointment to which requires
examinations shall be grouped into three major levels as follows:
Section 21. Recruitment and Selection of Employees –
(a) The first level shall include clerical, trades, crafts, and custodial service
(7) Qualification in an appropriate examination shall be required for
positions which involve non-professional or subprofessional work in a non-
appointment to positions in the first and second levels in the career service
supervisory or supervisory capacity requiring less than four years of collegiate
in accordance with the Civil Service rules, except as otherwise provided in this
studies;
Title: P r o vid e d , That whenever there is a civil service eligible actually
(b) The second level shall include professional, technical, and scientific available for appointment, no person who is not such an eligible shall be
positions which involve professional, technical, or scientific work in a non- appointed even in a temporary capacity to any vacant position in the career
service in the government or in any government-owned or controlled or special investigators so designated may be given allowances or p e r d ie m
corporation with original charter, except when the immediate filling of the s for their services, to be paid out of the funds of, and at a rate to be
vacancy is urgently required in the public interest, or when the vacancy is not determined by, the Commission.
permanent, in which cases temporary appointments of non-eligibles may be
SECTION 62. F e e s . — The Commission shall collect and charge fees for civil
made in the absence of eligibles actually and immediately available.
service examinations, certications of civil service ratings, service records, and
(8) The appropriate examinations herein referred to shall be those given by other civil service matters, training courses, seminars, workshops in
the Commission and the different agencies: P r o vid e d, h o w e v e r , That personnel management and other civil service matters. For this purpose, the
nothing herein shall affect those eligibilities acquired prior to the effectivity Commission shall prescribe standard and reasonable rates for such
of the Civil Service Law: P r o vid e d, f u r t h e r , That a person with a civil examinations, certications, training courses, seminars, and workshops: P r o
service eligibility acquired by successfully passing an examination shall be vid e d , That no examination fees shall be collected in examinations given for
qualified for a position requiring a lower eligibility if he possesses the other the selection of scholars.
requirements for appointment to such position.
b. Other Bases for Eligibility

Rep. Act. No. 1080 (1954)

SECTION 23. R ele a s e o f E x a min a tio n R e s ult s . — The results of any
particular civil service examination held in a number of places on the same Rep. Act. No. 6850 (1990)
date shall be released simultaneously.
c. Other Career Services
SECTION 24. R e g is t e r o f Elig ib le s . — The names of the competitors who
pass an examination shall be entered in a register of eligibles arranged in the Consti, art XVI, sec 4
order of their general ratings and containing such information as the Section 4. The Armed Forces of the Philippines shall be composed of a citizen
Commission may deem necessary. armed force which shall undergo military training and serve as may be
SECTION 25. C ult u r al C o m m u nitie s . — In line with the national policy provided by law. It shall keep a regular force necessary for the security of the
to facilitate the integration of the members of cultural communities and State.
accelerate the development of the areas occupied by them, the Commission V. Process of Appointment
shall give special civil service examinations to qualify them for appointment
in the civil service. A. Appointment by the President

Constitution, art VII, sec. 15-16

SECTION 61.E x a minin g C o m mit t e e, S p e cial E x a min e r s a n d S p e Section 15. Two months immediately before the next presidential elections
cial I n v e s tig a t o r s . — Subject to approval by the proper head of a and up to the end of his term, a President or Acting President shall not make
department or agency, the Commission may select suitable persons in the appointments, except temporary appointments to executive positions when
government service to act as members of examining committees, special continued vacancies therein will prejudice public service or endanger public
examiners or special investigators. Such person shall be designated safety.
examiners or investigators of the Commission and shall perform such duties
as the Commission may require, and in the performance of such duties they Section 16. The President shall nominate and, with the consent of the
shall be under its exclusive control. Examining committees, special examiners Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of organizations registered under the party-list system represented therein. The
the armed forces from the rank of colonel or naval captain, and other officers chairman of the Commission shall not vote, except in case of a tie. The
whose appointments are vested in him in this Constitution. He shall also Commission shall act on all appointments submitted to it within thirty session
appoint all other officers of the Government whose appointments are not days of the Congress from their submission. The Commission shall rule by a
otherwise provided for by law, and those whom he may be authorized by law majority vote of all the Members.cralaw
to appoint. The Congress may, by law, vest the appointment of other officers
2. Presidential Appointments not requiring CA confirmation
lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards. Const., art. Vii, sec. 16, 2nd and 3rd par.
The President shall have the power to make appointments during the recess Section 16. The President shall nominate and, with the consent of the
of the Congress, whether voluntary or compulsory, but such appointments Commission on Appointments, appoint the heads of the executive
shall be effective only until disapproved by the Commission on Appointments departments, ambassadors, other public ministers and consuls, or officers of
or until the next adjournment of the Congress. the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
1. Appointments requiring CA confirmation
appoint all other officers of the Government whose appointments are not
Constitution, art vii, sec. 16, 1st and last par. otherwise provided for by law, and those whom he may be authorized by law
to appoint. The Congress may, by law, vest the appointment of other officers
Section 16. The President shall nominate and, with the consent of the
lower in rank in the President alone, in the courts, or in the heads of
Commission on Appointments, appoint the heads of the executive
departments, agencies, commissions, or boards.cralaw
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers The President shall have the power to make appointments during the recess
whose appointments are vested in him in this Constitution. He shall also of the Congress, whether voluntary or compulsory, but such appointments
appoint all other officers of the Government whose appointments are not shall be effective only until disapproved by the Commission on Appointments
otherwise provided for by law, and those whom he may be authorized by law or until the next adjournment of the Congress.cralaw
to appoint. The Congress may, by law, vest the appointment of other officers
B. Appointments in the Career Service
lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards. 1. Screening of Candidates
T he President shall have the power to make appointments during the recess EO 292, Book V, Title I, Subtitle A, Chapter 5, sec. 21(4)
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproved by the Commission on Appointments (4) For purposes of this Section, each department or agency shall evolve its
or until the next adjournment of the Congress. own screening process, which may include tests of tness, in accordance with
standards and guidelines set by the Commission. Promotion boards shall be
Constitution, art vi, sec. 18 formed to formulate criteria for evaluation, conduct tests or interviews, and
make systematic assessment of training experience.
Section 18. There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators, and twelve
Members of the House of Representatives, elected by each House on the 2. Issuance of Appointment
basis of proportional representation from the political parties and parties or
EO 292, Book V, Title I, Subtitle A, sec. 27 take an oath or affirmation to uphold and defend the Constitution; that he
will bear true faith and allegiance to it; obey the laws, legal orders and
SECTION 27.E m p lo y m e n t S t a t u s . — Appointment in the career service
decrees promulgated by the duly constituted authorities; will well and
shall be permanent or temporary. (1) P e r m a n e n t s t a t u s . — A
faithfully discharge to the best of his ability the duties of the office or position
permanent appointment shall be issued to a person who meets all the
upon which he is about to enter; and that he voluntarily assumes the
requirements for the positions to which he is being appointed, including the
obligation imposed by his oath of office, without mental reservation or
appropriate eligibility prescribed, in accordance with the provisions of law,
purpose of evasion. Copies of the oath shall be deposited with the Civil
rules and standards promulgated in pursuance thereof.
Service Commission and the National Archives.
(2) T e m p o r a r y a p p oin t m e n t . — In the absence of appropriate
4. Certification by the Civil Service Commission
eligibles and it becomes necessary in the public interest to ll a vacancy, a
temporary appointment shall be issued to a person who meets all the
requirements for the position to which he is being appointed except the
appropriate civil service eligibility: P r o vid e d , That such temporary
appointment shall not exceed twelve months, but the appointee may be
replaced sooner if a qualified civil service eligible becomes available.

3. Acceptance by the Appointee; Oath

Mechem, secs. 247-252

Const. art. Ix-c, sec 4

Section 4. The Commission may, during the election period, supervise or

regulate the enjoyment or utilization of all franchises or permits for the
operation of transportation and other public utilities, media of
communication or information, all grants, special privileges, or concessions
granted by the Government or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation or its
subsidiary. Such supervision or regulation shall aim to ensure equal
opportunity, and equal rates therefor, for public information campaigns and
forums among candidates in connection with the objective of holding free,
orderly, honest, peaceful, and credible elections.

EO 292, Book I, chap. 10, sec. 40

SECTION 40. O a t h s o f O c e f o r P u b lic O c e r s a n d E m p lo y e e s . —

All public ocers and employees of the government including every member
of the armed forces shall, before entering upon the discharge of his duties,