REPEALING ALL CHARTERS, LAWS ON DECREES AND ANY PROVISION OR PROVISIONS OF LAWS OR DECREES EXEMPTING ANY BRANCH, AGENCY, SUBDIVISION OR INSTRUMENTALITY OF THE GOVERNMENT, INCLUD…

WHEREAS, the Constitution provides that “the Civil Service
embraces every branch, agency, subdivision and instrumentality of the
Government, including every government-owned or controlled corporation”;

WHEREAS, the Constitution likewise provides that
“appointments in the civil service, except as to those which are
policy-determining, primarily confidential, or highly technical in
nature, shall be made only according to merit and fitness, to be
determined as far as practicable by competitive examination”;

WHEREAS, it has been observed that many agencies of the
government have sought exemptions from the Civil Service Law and rules
as well as from coverage by the WAPCO;

WHEREAS, a study of these exemptions indicates that these
were specifically sought so that these agencies are free to fix any
salary rates for their personnel without being restricted by the pay
rates prescribed by WAPCO and had nothing to do with the Civil Service
Law and rules;

WHEREAS, the Civil Service Commission has liberalized the
Civil Service Law and rules, and is implementing these Law and rules
with greater flexibility consistent with the requirements of a
developing economy authorizing temporary appointments in the meantime
that it cannot adequately provide personnel with appropriate
eligibilities, especially to positions requiring scientific, technical,
or specialized training;

WHEREAS, these exemptions from the Civil Service Law and
rules have brought forth a special class of officials or employees,
other than those specifically exempted in the Constitution, namely those
positions which are policy-determining, primarily confidential or
highly technical in nature;

WHEREAS, the emergence of this new class of employees
enjoying special status and privilege cannot be tolerated without
creating demoralization among the Civil Service ranks throughout the
Government;

WHEREAS, the Constitution envisions the standardization of
compensation of government officers and employees including those in
government-owned or controlled corporations by providing that “the
National Assembly shall provide for the standardization of compensation
of government officials and employees, including those in
government-owned or controlled corporations, taking into account the
nature of the responsibilities pertaining to, and the qualifications
for, the positions concerned”;

WHEREAS, those who seek exemption from the Civil Service Law
and rules and the WAPCO are apparently motivated by economic gain
rather than altruistic considerations which is contrary to the moral
standards of the Constitution which views a public office as a public
trust;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order the repeal of all charters, laws, decrees, or
rules and all provisions or provision of any charter, law, decree or
rules exempting any branch, agency, subdivision or instrumentality of
the government, including government-owned or controlled corporations,
from the Civil Service Law and rules.

I further decree and order that:

SECTION 1. All
agencies, branches, subdivisions and instrumentalities of the
government, including government-owned and controlled corporations,
shall be embraced in the Civil Service and all appointments of personnel
therein, except those which are policy-determining, primarily
confidential, or highly technical in nature shall be subject to the
Civil Service Law and rules.

All positions, which have been
declared professional, confidential or technical by any agency,
exempting these positions from the Civil Service Law and rules, are
hereby declared subject to the Civil Service Law and rules.

Any
provision of law authorizing any official, other than the President, to
declare positions policy-determining, primarily confidential or highly
technical which are exempt from the Civil Service Law and rules is
hereby repealed, and only the President may declare a position
policy-determining, highly technical or primarily confidential, upon
recommendation of the Civil Service Commission, the Budget Commission
and the Presidential Reorganization Commission.

SEC. 2.
All permanent personnel of the government agencies or corporations
appointed pursuant to these exemptions from the Civil Service Law and
rules, who do not possess the appropriate civil service eligibility,
shall be allowed to continue in the service, until they have been given a
chance to qualify in a civil service examination. However, these
personnel shall not be promoted until they have acquired an
appropriate civil service eligibility.

SEC. 3. The Civil Service Commission, jointly with such
agencies or corporations, shall immediately plan an examination program
that shall take into consideration the particular needs of these
agencies or corporations without overlooking service-wide requirements.

SEC. 4. The appointing official of the agencies and
corporations shall submit all appointments to the Commission, both
original and promotional, in accordance with the provisions of the Civil
Service Law and rules.

SEC. 5. This Decree shall take effect immediately.

Done in the City of Manila, this 5th day of January, in the
year of Our Lord, nineteen hundred and seventy-six.