811L1:8 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P1.55 SENATE RECEP/ED Gr S. B. No.. Introduced by Senator Ronald "Bato" Dela Rosa AN ACT PROVIDING FOR SECURITY OF TENURE FOR ALL CASUAL AND CONTRACTUAL EMPLOYEE OF THE GOVERNMENT WHO HAVE RENDERED THE PRESCRIBED YEARS OF SERVICE IN THE NATIONAL GOVERNMENT AND THE LOCAL GOVERNMENT UNITS, AND FOR OTHER PURPOSES EXPLANATORY NOTE The 1987 Philippine Constitution, Article XIII, Section 3 thereof, states that: "The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. XXX" Despite this constitutional mandate, casual and non-permanent employment remains rampant in the government. As reported in the news, 29.18 percent of the government workforce or 832,812 were contract of service (COS) and job order (JO) workers. The top five national government agencies with the highest number of COS and JO workers include the Department of Public Works and Highways with 29,275; Department of Health with 18,264; Department of Education with 15,143; Department of Social Welfare and Development with 13,770; and the Department of Environment and Natural Resources with 10,990 according to the Philippine News Agency.
In order to address the perpetual temporary status of our civil servants, the bill provides for the security of tenure for all casual and contractual employees of government who have rendered at least five (5) years of continuous service in the case of national government agencies or a total of ten (10) years of continuous service in the case of local government units. The proposed legislation intends to grant permanent and regular employment to the thousands of personnel who are eligible and have rendered years of sweat and blood in the government service. This is in recognition an in honor of the many hardworking government employees who have carried out the tasks desirable, necessary and in the service of the Filipino people. In view of the foregoing, approval of this bill is earnestly sought to give job security to those who served the people. RONALD "BATO" DELA ROSA
50. 1677 a frier of the an TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) JUL 10 P1:55 SENATE RECENED ON S. B. No. Introduced by Senator Ronald "Bato" Dela Rosa AN ACT PROVIDING FOR SECURITY OF TENURE FOR ALL CASUAL AND CONTRACTUAL EMPLOYEE OF THE GOVERNMENT WHO HAVE RENDERED THE PRESCRIBED YEARS OF SERVICE IN THE NATIONAL GOVERNMENT AND THE LOCAL GOVERNMENT UNITS, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Security of Tenure for
2 Casual and Contractual Government Employee".
Sec. 2. Declaration of Policy. - The State shall harness its human resources to
cope with the rapid economic development and population growth. Government workers, being very important components of the State's human resources, shall be 6 given the equal opportunity to quality education, justice and security of tenure.
Sec. 3. Security of Tenure for Long-time Casual and Contractual Employees;
8 Coverage - Subject to the provisions of the Constitution and applicable civil service laws, rules and regulations, it is hereby mandated that the all incumbent casual and contractual government employees who have rendered at least five (5) years of continuous service in the case of national government agencies or a total of ten (10) years of continuous service in the case of local government units as of the date of the approval of this Act shall be entitled to security of tenure: Provided, That said requirement of continuous service may be waived if the service of the 15 official/employee concerned prior to the completion of the said years, was interrupted
1 by not more than three (3) years, taken cumulatively, due to either abolition of his 2 position, reorganization of the office wherein he was phased out, or reduction in force: 3 Provided, further, That in the case of officials/employees who have been previously 4 employed in the same government agency in any capacity, the said requirement of 5 continuous service may likewise be waived if the interruption of their service is not 6 more than eighteen (18) months, taken cumulatively, as long as the minimum required 7 period is met.
Sec. 3. Status of Covered Employees and Affected Positions. - All of the
positions affected by this Act currently held by the covered employees shall be deemed 10 necessary and desirable for the efficient operation of the government and shall be marked as co-terminus with the incumbent. All covered employees may not be separated or terminated from the said positions except for just or lawful cause and with due process of law nor can their positions be abolished except when the same are vacated by their incumbents.
Sec. 4. Implementing Rules and Regulations. - The Civil Service Commission, in
16 consultation with the Department of Budget and Management, shall issue the rules 17 and regulation necessary to implement the provisions of this Act. Said implementing rules and regulations shall be promulgated within ninety (90) days after the approval of this Act.
Sec. 5. Penal Provisions. - Any person who shall apply for entitlement to security
21 of tenure under the provisions of this Act on the basis of false claims or documents as well as any government officer or employee who will make or issue false certifications, attestations, endorsements or spurious documents in relation to any such application shall suffer the penalty of imprisonment of one (1) to three (3) years or a fine in amount up to one hundred thousand pesos (P100,000.00) or both, at the discretion of the court, with accessory penalty of perpetual disqualification from public office without prejudice to any administrative action that may be filed under existing civil service laws, rules and regulations.
Sec. 6 . Separability Clause. - If any provision of this Act is held as invalid or
unconstitutional, the remaining provisions of this Act not otherwise affected shall remain valid and subsisting.
Sec. 7. Repealing Clause. - All laws, decrees, executive orders, department or
2 memorandum orders and other administrative issuance or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.
Sec. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
6 publication in the Official Gazette or a newspaper of general circulation. Approved,