EXECUTIVE ORDER NO. 17 May 28, 1986
PRESCRIBING RULES AND REGULATIONS FOR THE IMPLEMENTATION OF SECTION 2, ARTICLE III OF THE FREEDOM CONSTITUTION
WHEREAS, Section 2, Article III of the Freedom Constitution provides that "all elective and appointive officials under the 1973 Constitution shall continue in office until otherwise provided by proclamation or executive order upon the designation or appointment and qualification of their successors, if such appointment is made within the period of one year from February 25, 1986";
WHEREAS, in order to obviate unnecessary anxiety and demoralization among the deserving officials and employees, particularly in the career civil service, it is necessary to prescribe the rules and regulations for implementing the said constitutional provision to protect career civil servants whose qualifications and performance meet the standards of service demanded by the New Government, and to ensure that only those found corrupt, inefficient and undeserving are separated from the government service;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Freedom Constitution, do hereby order:
Sec. 1. In the course of implementing Article III, Section 2 of the Freedom Constitution, the Head of each Ministry shall see to it that the separation or replacement of officers and employees is made only for justifiable reasons, to prevent indiscriminate dismissals of personnel in the career civil service whose qualifications and performance meet the standards of public service of the New Government.
Any office, agency, instrumentality or government-owned or controlled corporation, which is not attached to any ministry, including any of the constitutional commissions and state colleges and universities, shall be considered a ministry for purposes of this Order.
The Ministry concerned shall adopt its own rules and procedures for the review and assessment of its personnel, including the identification of sensitive positions which require more rigid assessment of the incumbents, and shall complete such review/assessment as expeditiously as possible but not later than February 24, 1987 to prevent undue demoralization in the public service.
Sec. 2. The Ministry Head concerned, on the basis of such review and assessment, shall determine who shall be separated from the service. Thereafter, he shall issue to the official or employee concerned a notice of separation which shall indicate therein the reason/s or ground/s for such separation and the fact that the separated official or employee has the right to file a petition for reconsideration pursuant to this Order. Separation from the service shall be effective upon receipt of such notice, either personally by the official or employee concerned or on his behalf by a person of sufficient discretion.
Sec. 3. The following shall be the grounds for separation/replacement of personnel:
1) Existence of a case for summary dismissal pursuant to Section 40 of the Civil Service Law;
2) Existence of a probable cause for violation of the Anti-Graft and Corrupt Practices Act as determined by the Ministry Head concerned;
3) Gross incompetence or inefficiency in the discharge of functions;
4) Misuse of public office for partisan political purposes;
5) Any other analogous ground showing that the incumbent is unfit to remain in the service or his separation/replacement is in the interest of the service.
Sec. 4. No court shall issue any restraining order or writ of preliminary injunction to enjoin the separation/replacement of any official or employee in the government service pursuant to this Order.
Sec. 5. There is hereby created a Committee which shall act on all petitions for reconsideration filed by any official or employee separated from the service pursuant to this Order. The Committee shall be composed of the Minister of Justice, as Chairman, and the Executive Secretary, the Minister of the Budget, the Minister for Government Reorganization, the Chairman of the Civil Service Commission, and the Chairman of the Commission on Audit, or their duly designated representatives, as Members. The Committee shall be assisted by such number of hearing officers as it may designate.
Sec. 6. A petition for reconsideration may be filed with the Committee by the separated official or employee within ten (10) days from receipt of the notice of separation. In the case of those already separated from the service upon the issuance of this Order, including those whose resignations were accepted or whose successors have been appointed/designated, the petition shall be filed within ten (10) days from date of publication of this Order in a newspaper of general circulation.
Sec. 7. The Committee shall adopt its rules of procedure, provided that proceedings in the Committee shall be summary in nature. The decision of the Ministers concerned shall be final if not reversed or modified by the Committee within thirty (30) days from receipt of the petition for reconsideration. No permanent appointment shall be issued to replace an incumbent who is separated pursuant to this Order until the expiration of the aforementioned thirty-day period or the denial of the petition for reconsideration.
Sec. 8. The decision of the Committee shall be final. No request for reconsideration shall be entertained.
Sec. 9. If the questioned separation from the service is reversed, the petitioner shall be reinstated to his former position, or shall be appointed to a position of comparable rank and salary in the Ministry or Bureau or office under said Ministry. In such cases, the petitioner shall be considered on vacation leave of absence without pay during the time he was out of the service.
Sec. 10. For purposes of this Order, appointment/designations of ministry or bureau assistant regional directors and officials of equivalent or lower rank shall be made by the Minister concerned.
Sec. 11. This Executive Order shall not apply to elective officials or those designated to replace them, presidential appointees, casual and contractual employees, or officials and employees removed pursuant to disciplinary proceedings under the Civil Service Law and rules, and to those laid off as a result of the reorganization undertaken pursuant to Executive Order No. 5.
Sec. 12. The amount of Five Hundred Thousand Pesos (P500,000.00) is hereby alloted from the Special Activities Fund for the effective implementation of this Order.
Sec. 13. This Executive Order shall take effect immediately. lawphi1.net
DONE in the City of Manila, this 28th day of May, in the year of Our Lord, nineteen hundred and eighty-six.
RULES OF PROCEDURE TO GOVERN THE PROCEEDINGS IN THE COMMITTEE CREATED UNDER EXECUTIVE ORDER NO. 17
Pursuant to Section 7 of Executive Order No. 17 dated May 28, 1986, the following rules to govern the consideration of petitions for reconsideration of separated/dismissed officials and employees under said Order are hereby adopted and promulgated;
Sec. 1. Any official or employee separated/dismissed from the government service pursuant to Executive Order No. 17 may file a petition for the reconsideration of his separation/dismissal with the Committee created under Section 5 of said Order.
Sec. 2. Petitions for reconsideration shall be filed at the Office of the Committee in the Ministry of Justice Building, Padre Faura, Manila within ten (10) days from receipt of the notice of separation. Such petition shall be under oath and shall contain a concise statement of the ground/s relied upon, including such documentary evidence as he may deem necessary to support his petition.
In the case of officials and employees separated from the service before the effectivity of Executive Order No. 17, the petition for reconsideration shall be filed within ten (10) days from date of publication of the Order in a newspaper of general circulation.
Sec. 3. The appeal shall be deemed filed, in case of personal delivery, on the date of receipt as appearing thereon, and in case the same is sent by mail, on the date shown by the postmark on the envelope which shall be attached to the record.
Sec. 4. Immediately upon receipt of a petition, the Committee shall require the Ministry Head concerned to submit his comment thereon, together with such records/documents as he may deem pertinent to his comment. The issues are considered joined upon receipt by the Committee of the comments on the petition of the Ministry Head concerned and the case shall thenceforth be deemed submitted for decision/resolution.
Upon failure of the Ministry Head concerned to submit his comment within the prescribed time, the Committee shall act on the petition on the basis of the submissions of the petitioner.
Sec. 5. The Committee shall, on the basis of the petition, the comment of the Ministry Head concerned, and other pertinent documents, affirm, reverse or modify the questioned decision of the Ministry Head concerned within ten (10) days from submission of the comment of the said Minister. In the consideration of the petitions for reconsideration, no formal hearing shall be conducted nor shall examination of witnesses be allowed. Proceedings in the Committee shall be summary in nature.
Sec. 6. The Committee shall meet as often as may be necessary for the completion of its task. Four (4) members of the Committee shall constitute a quorum to do business. Any member of the Committee may be represented by his duly authorized representative.
Sec. 7. The decision of the Committee shall be final. No request for reconsideration shall be entertained.
Sec. 8. If the Committee reverses the decision of the Ministry Head concerned, it shall order the reinstatement of the petitioner to his former position or his reappointment to a position of comparable rank and salary in the Ministry or bureau or office under said Ministry. In leave of absence without pay during the time he was out of the service.
Sec. 9. In the performance of its functions, the Committee shall be assisted by such number of Legal Officers as may be designated by the Committee. The Legal Officers shall evaluate the petition and all relevant documents and shall submit their findings and recommendation thereon to the Committee within five (5) days from the submission of the comment of the Ministry Head concerned.
The Committee shall have a Secretariat which shall provide staff assistance to the Committee and its Legal Officers.
Sec. 10. These rules of procedure shall take effect immediately. lawphi1.net
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