C. The Civil Service

Classes of Service

Career Service: characterized by entrance (a) based on merit and fitness to be determined, as far as practicable, by competitive examinations; or (b) based on highly technical qualifications; with opportunity for advancement to higher career positions and security of tenure.

• Open Career Positions: where prior qualification in an appropriate examination is required
• Closed career positions: scientific or highly technical in nature;
• Career Executive Service: undersecretaries, bureau directors
• Career Officers: other than those belonging to the Career Executive Service who are appointed by the President (e.g. those in the foreign service)
• Positions in the AFP although governed by a different merit system
• Personnel of GOCCs with original charters
• Permanent laborers, whether skilled, semiskilled or unskilled

Non-Career Service: characterized by entrance on bases other than those of the usual tests utilized for the career service, tenure limited to a period specific by law, or which is co-terminus with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which employment was made.

• Elective officials, and their personal and confidential staff;
• Department heads and officials of Cabinet rank who hold office at the pleasure of the President, and their personal and confidential staff;
• Chairpersons and members of commissions and boards with fixed terms of office, and their personal or confidential staff;
• Contractual personnel;
• Emergency and seasonal personnel

The CSC cannot disallow an appointment to a position authorized by law but not included in the Index of Occupational Service. Although the CSC rules limit appointments to positions within the Index of Occupational Service, nevertheless, it is limited to the implementation of the laws it is tasked to enforce. RA 8494 exempts the Trade and Investment Development Corporation of the Philippines from existing laws on compensation, position classification, and qualification standards; thus, the appointment is valid, but it must endeavor to conform as closely as possible to the principles and modes of the pertinent civil service law (Trade and Investment Development Corporation of the Philippines v. CSC, G.R. No. 182249, December 9, 2013).

Employee

A person in the service of government or any of its agencies, divisions, subdivisions, or instrumentalities. (1987 Administrative Code)

In cases of CSC employees (e.g., SSS, public school teachers)

Government employees may, through their unions or associations, either petition the Congress for the betterment of the terms and conditions of employment which are within the ambit of legislation or negotiate with the appropriate government agencies for the improvement of those which are not fixed by law. If there be any unresolved grievances, the dispute may be referred to the Public Sector Labor - Management Council for appropriate action. But employees in the civil service may not resort to strikes, walk-outs and other temporary work stoppages, like workers in the private sector, to pressure the Government to accede to their demands. (Social Security System Employees Association (SSEA) v. Court of Appeals, G.R. No. 85279, July 28, 1989)

Rule on Partisan Political Activity

Joint Circular No.001 d. 2016 of the COMELEC and CSC reiterated art. IX, § 2(4) that no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. However, the prohibition applies to officers and employees in the civil service, including those in its non-career service; department secretaries are not categorically exempt. (1987 Constitution, art. IX-B, §§ 2(1) and 2(4); 1987 Administrative Code, Book V, § 9(2)(b)) The contrary pre-1987 conclusion requires owner check. (Santos v. Yatco, G.R. No. L013932, Dec. 24, 1959)

Right to Self-Organization

The right to self-organization shall not be denied to government employees. But employees in the civil service may not resort to strikes, walkouts, and other temporary work stoppages, like workers in the private sector, to pressure the government to accede to their demands. Thus, their right to organize does not include the right to strike. (SSS v. CA, G.R. No. 85279, July 28, 1989).