Book V of Executive Order No.
292 (The 1987 Administrative
 APPOINTMENTS IN THE CIVIL SERVICE
- The Civil Service embraces all branches, subdivisions,
instrumentalities, and agencies of the government, including
government-owned or controlled corporations with original
charters. [Sec. 2 (b), Art. IX-B]
 HISTORICAL HIGHLIGHTS
- The Civil Service System in the Philippines was formally
established under Public Law No. 5 (“An Act for the
Establishment and Maintenance of our Efficient and Honest
Civil Service in the Philippines Island”) in 1990 by the Second
Philippine Commission.
- A Civil Service Board was created composed of a
Chairman, a Secretary and a Chief Examiner.
- The Board administered civil service examinations and
set standards for appointment in government service. It was
reorganized into a Bureau in 1905.
- The 1935 Philippine Constitution firmly established the
merit system as the basis for employment in government.
The following years also witnessed the expansion of the
Bureau’s jurisdiction to include the three branches of
government: the national government, local government and
the government corporations.
- In 1959, Republic Act 2260, otherwise known as the
Civil Service Law, was enacted. This was the first integral law
on the Philippine Bureaucracy, superseding the scattered
administrative orders relative to government personnel
administration issued since 1900.
- RA 2260 converted the Bureau of Civil Service into the
Civil Service Commission with department status.
- In 1975, Presidential Decree No. 807 (The Civil Service
Decree of the Philippines) refined the role of the Commission
as the central personnel agency of government.
- The CSC’S present mandate is derived from Article IX-B
of the 1987 Constitution which was given effect through
Code).
 PURPOSE
- The Civil Service System rests on the merit system
(instead of the spoils system).
 CLASSIFICATION UNDER THE CONSTITUTION
1. Competitive
2. Non-Competitive
Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, [except to positions which are
policy-determining, primarily confidential, or highly
technical,] by competitive examination. [Sec. 2 (2), Art. IX-B]
1) A position is policy-determining where its occupant is
vested with the power of formulating policies for the
government or any of its agencies, subdivisions, or
instrumentalities (e.g. a Cabinet member)
2) A position is primarily confidential where its occupant
enjoys more than ordinary confidence in his aptitude of
the appointing power but bears primarily such close
intimacy which insures freedom of intercourse without
embarrassment or freedom from misgiving of betrayal
or personal trust on confidential matters of State (e.g.
Private secretary)
- denote not only confidence in the aptitude of the
appointee for the duties of the office but primarily close
intimacy which insures freedom of [discussion, delegation ad
reporting] without embarrassment or freedom from
misgivings of betrayals of personal trust or confidential
matters of state.
 PROXIMITY RULE
- A position is considered to be primarily confidential
when there is a primarily close intimacy between the
appointing authority and the appointee, which ensures the
highest degree of trust and unfettered communication and
discussion on the most confidential of matters.
1. Career Service

2. Non-Career Service
- Moreover, in classifying a position as primarily
confidential its functions must not be routinary, ordinary and
day to day in character.  CAREER SERVICE

3) A position is highly technical where its occupant is The Career Service shall be characterized by:
required to possess skills or training in the supreme or
superior degree.
1) Entrance based on merit and fitness to e determined as
far as practicable by the competitive examination. Or
- Jurisprudence establishes that the court is not bound based on highly technical questions;
by the classification of positions in the civil service made by
the legislative or executive branches, or even by a
constitutional body like the petitioner.
2) Opportunity for advancement to higher career positions;
and

- The Court is expected to make its own determination

as to make its own determination as to the nature of a
3) Security of tenure.
particular position, such as whether it is a primarily
confidential position or not, without being bound by prior
classifications made by other bodies.

(1) OPEN CAREER positions for appointment to which prior

 The findings of the other branches of government are qualification in an appropriate examination is required.
merely considered initial and not conclusive to the court.

(2) CLOSED CAREER positions which are scientific or highly

technical in nature; these include the faculty and academic
staff of the state colleges and universities, and scientific and
 Among those positions judicially determined as
technical positions in scientific or research institutions which
primarily confidential positions are the following:
shall establish and maintain their own merit systems;

1. Chief Legal Counsel of the Philippine National Bank;

(3) Position in the Career Executive Service; namely
2. Confidential Agent of the Office of the Auditor, GSIS; Undersecretary, Assistant Secretary, Bureau Director,
Assistant Bureau Director, Regional Director, Assistant
3. Secretary of the Sangguniang Bayan; Secretary to the Regional Director, Chief of Department Service and other
City Mayor; officers of equivalent rank as may be identified by the
Career Executive Service Board, all of whom are appointed
4. Senior Security and Security Guard in the Office of the
by the President;
Vice Mayor;

5. Secretary to the Board of a government corporation;

(4) Career officers, other than those in the Career Executive
6. City Legal Counsel, City Legal Officer or City Attorney;
Service, who are appointed by the President, such as the
7. Provincial Attorney; Foreign Service Officers in the Department of Foreign Affairs;

8. Private Secretary; and

9. Board Secretary II of the Philippine State College of (5) Commissioned officers and enlisted men of the Armed
Aeronautics. Forces which shall maintain a separate merit system;

 CLASSIFICATIONS OF POSITION IN THE CIVIL SERVICE

(6) Personnel of government-owned or controlled NOTE: entrance to the first two levels shall be through
corporations, whether performing governmental or competitive examinations, which shall be open to those
proprietary functions, who do not fall under the non-career inside and outside the service who meet the minimum
service; and qualification requirements.

(7) Permanent laborers, whether skilled, semi-skilled, or  NON-CAREER SERVICE

unskilled.

The Non-Career Service shall be characterized by:

 The Administrative Code, under its Book V, sub-classifies
career positions according to “appointment status,”
divided into: 1. Entrance on bases other than those of the usual tests of
merit and fitness utilized for the career service; and

1. PERMANENT - which is issued to a person who meets

all the requirements for the positions to which he is 2. Tenure which is limited to a period specified by law, or
being appointed, including the appropriate eligibility which is coterminous with that of the appointing
prescribed, in accordance with the provisions of law, authority or subject to the duration of a particular
rules and standards promulgated in pursuance thereof; project for which purpose employment was made.

2. TEMPORARY - which is issued in the absence of  WHO ARE INCLUDED IN THE NON-CAREER SERVICE?
appropriate eligibles and when it becomes necessary in
the public interest to fill a vacancy, to a person who
meets all the requirements for the position to which he
1. Elective officials and their personal or confidential staff;
is being appointed except the appropriate civil service
eligibility; provided, that such temporary appointment
shall not exceed twelve months, and the appointee
may be replaced sooner if a qualified civil service 2. Secretaries and other officials of Cabinet rank who hold
eligible becomes available. their positions at the pleasure of the President and their
personal or confidential staff(s);

3. Chairman and members of commissions and boards

 CLASSES OF POSITIONS IN THE CAREER SERVICE with fixed terms of office and their personal or
confidential staff;

a. The first level shall include clerical, trades, crafts and

custodial service positions which involve 4. Contractual personnel or those whose employment in
non-professional or subprofessional work in an the government is in accordance with a special contract
non-supervisory or supervisory capacity requiring less to undertake a specific work or job, requiring special or
than 4 years of collegiate studies; technical skills not available in the employing agency, to
be accomplished within a specified period, which in no
case shall exceed one year, and performs or
b. The second level shall include professional, technical accomplishes the specific work or job, under his own
and scientific positions, which involve professional, responsibility with a minimum of direction and
technical and scientific work in a non-supervisory supervision from the hiring agency; and
capacity requiring at least 4 years of college work up to
Division Chief Level; and
5. Emergency and seasonal personnel

c. The third level shall cover positions in the Career

Executive Service.

 There are two elements required for a position to be

considered as CES:
1. The position is among those enumerated under Book V,
Title I, Subtitle A, Chapter 2, Section 7 (3) of the
Administrative Code of 1987 OR a position of equal rank
as those enumerate and identified by the CESB to be
such position of equal rank; AND

2. The holder of the position is a presidential appointee.

With particular reference to positions in the CES, the

requisite civil service eligibility is acquired upon passing the
CES examinations administered by the CES Board and the
subsequent conferment of such eligibility upon passing the
examinations.

- Once a person acquires eligibility, he either earns the

status of a permanent appointee to the CES position to which
he has previously been appointed, or he becomes qualified
for a permanent appointment to that position provided only
that he also possesses all the other qualifications for the
position.

- Verily, it is clear that the possession of the required

CES eligibility is that which will make an appointment in the
career executive service a permanent one.