Monday, March 13, 2017

IMPLEMENTING RULES & REGULATIONS of REPUBLIC ACT NO. 10156

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10156 (An Act Conferring Upon Members of the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, the Appropriate Civil Service Eligibility Under Certain Circumstances, and for Other Purposes)

CIVIL SERVICE COMMISSION 
RESOLUTION NO. 1300486
March 08, 2013

       WHEREAS, Section 12 (2), Chapter 3, Subtitle A, Title I, Book V of the Revised Administrative Code of 1987 provides that the Civil Service Commission (CSC) shall prescribe, amend, and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws:

      WHEREAS, a major function of the CSC is the grant of civil service eligibilities under special laws and CSC issuances to qualified individuals without taking the regular civil service eaminations;

      WHEREAS, Republic Act (RA) No. 10156, otherwise known as "An Act Conferring Members of Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, the Appropriate Civil Service Eligibility under certain circumstances, and for Other Purposes" was signed into law December 20, 2011;

      WHEREAS, Section 2 of RA No. 10156 provides that the Civil Service Commission (CSC), in consultation with the Department of the Interior and Local Government, shall promulgate the necessary rules and regulations to implement said Act;

      WHEREAS, the implementation of the grant of the civil service eligibility embodied in RA No. 10156 shall form part of CSC's function and program on the grant of eligibility under laws and CSC issuances;

      NOW, THEREFORE, foregoing premises considered, the Commission hereby RESOLVES to adopt and prescribe the following Implementing Rules and Regulations of Republic Act No. 10156;

 THE IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 10156, AN ACT CONFERRING UPON
MEMBERS OF THE SANGGUNIANG BAYAN, SANGGUNIANG
PANLUNGSOD AND SANGGUNIANG PANLALAWIGAN,
THE APPROPRIATE CIVIL SERVICE ELIGIBILITY
UNDER CERTAIN CIRCUMSTANCES, 
AND FOR OTHER PURPOSES

RULE I
PRELIMINARY PROVISION
Section 1. Title - These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No. 10156.

Section 2. Purpose - These Rules are promulgated to prescribe the procedure and guidelines for the implementation of the provisions of Republic Act No. 10156.

Section 3. Construction - These Rules shall be construed and applied in accordance with the language and spirit of the law.

 RULE II
DEFINITION OF TERMS

Section 4. Definition of Terms - For purposes of these Rules, the terms shall be defined, as follows:

a) Baccalaureate/Bachelor's Degree - an academic degree conferred on an individual who has successfully completed collegiate studies.

b) Career Service Professional Eligibility - a civil service eligibility resulting from taking and passing Career Service Professional Examination, which is appropriate for  of positions in the second level, the education requirement of which is at least completion of a baccalaureate/bachelor's degree.

c) Career Service SubProfessional Eligibility - a civil service eligibility from taking and passing the Career Service SubProfessional Examination, which is appropriate for positions in the first level, the education requirement of which is appropriate for positions in the first level, the education requirement of which is at least 72 units leading to a baccalaureate/bachelor's degree.

d) First Level Positions - include clerical, trades, crafts, and custodial service positions which involve non-professional or subprofessional work in a non-supervisory capacity requiring at least seventy-two (72) units leading to a baccalaureate/bachelor's degree.

e) Regular Sanggunian Members - are members of the Sanggunian who were elected at large or according to political district during local elections.

f) Sanggunian - the legislative body of the province, city, or municipality, members of which are duly elected at large or by political districts during local elections and the representatives from sectors as specified under the Local Government Code of 1991.

g) Sanggunian Members - for purposes of these Rules, refer to vice governor and vice mayor, as presiding officers of their respective Sanggunian, and the regular sanggunian members.

h) Sanggunian Members Eligibility - civil service eligibility granted to Sanggunian Members, as defined under these Rules, by virtue of the required number of years of service in the Sanggunian and educational attainment.

i) Second Level Positions - include professional, technical, and scientific work in a non-supervisory or supervisory capacity requiring completion of at least a baccalaureate/bachelor's degree.

RULE III
GRANT OF CIVIL SERVICE ELIGIBILITY

Section 5. Title of Eligibility and Qualification Requirements - Sanggunian Members who meet the qualification requirements shall be granted the corresponding civil service eligibility, as follows:

a) Sanggunian Member First Level Eligibility - a civil service eligibility equivalent to Career Service SubProfessional Eligibility shall be granted to Sanggunian Members who shall meet the following qualification requirements:

a.1. have served as Sanggunian Member for an aggregate period of six (6) years; and
a.2. have completed at least seventy-two (72) units leading to a baccalaureate/bachelor's degree.

b) Sanggunian Member Second Level Eligibility - a civil service eligibility equivalent to Career Service Professional Eligibility which shall be granted to the Sanggunian Members who shall meet the following qualification requirements:

b.1. have served as Sanggunian Member for an aggregate period of nine (9) years; and
b.2. have completed a baccalaureate/bachelor's degree.

Section 6. Appropriateness and Applicability of Sanggunian Member Eligibility. The civil service eligibility granted under the law shall be considered appropriate for second and first level positions in the career service, except those which require qualifications in skills or trade test and/or requiring the Board or Bar examinations, or requiring eligibilities provided under other special laws, and shall be applicable as follows:
a) The Sanggunian Member First Level Eligibility shall be applicable for entrance and promotion to first level career service position only;

b) The Sanggunian Member Second Level Eligibility shall be applicable for entrance and promotion to first level and second level career service positions.

RULE IV
COVERAGE

Section 7. Sanggunian Members Entitled to the Grant of Eligibility - The following Sanggunian Members, who have been elected after the effectivity of the Local Government Code of 1991 (RA 7160) or on May 11, 1992 onwards and have met the requirements, shall be entitled to the grant of Sanggunian Member Eligibility:

a) Sanggunian Bayan - the Vice Mayor, as presiding officer, and the regular Sanggunian Members;

b) Sanggunian Panlungsod - the Vice Mayor, as presiding officer, and the regular Sanggunian Members;

c) Sanggunian Panlalawigan - the Vice Governor, as presiding officer, and the regular Sanggunian Members.

Section 8. Sanggunian Members Not Entitled to the Grant of Eligibility. - The following Members of the Sanggunian who were not elected at large or by political district shall not be entitled to the grant of eligibility:

a) President of provincial, city or municipal chapter of the Liga ng mga Barangay;

b) President of the panlalawigan, panlungsod, and pambayang Pederasyon ng mga Sangguniang Kabataan; and

c) Sectoral representatives to the Sanggunian Panlalawigan, Bayan, or Panlungsod.


RULE V
COMPUTATION OF AGGREGATE YEARS OF SERVICE

Section 9. Basis of Computation of Years of Service - The computation of the aggregate years of service of the Sanggunian Member shall be based on the actual number of years of service as Sanggunian member in the official records of the Department of the Interior and Local Government (DILG) and its regional offices.

Section 10. Years of Service which are included in the Computation - The number of years of service of a Sanggunian Member in any Sanggunian (i.e. in another province, city, and or municipality) and in one or more (i.e. in another province, city, and or municipality) shall be accumulated for the purpose of computing and completing the required aggregate number of years in service.

Section 11. Years of Service which are Excluded from the Computation - The following years of service in other positions held in the Sanggunian shall be excluded in the computation of the requisite aggregate years of service:

a) years of service in other positions held in the Sanggunian, the functions of which do not belong to that of a Sanggunian Member, as mandated under the Local Government Code of 1991 and services in other government agencies;

b) years of service in the Sanggunian, which have already been included in the computation of the aggregate years for the grant of the Sanggunian Member First Level Eligibility, in case a Sanggunian Member who has been granted the Sanggunian Member First Level Eligibility shall subsequently apply for the Sanggunian Member Second Level Eligibility; and 

c) years of service of the Sanggunian Member in the Sanggunian during the term in which his/her supposed election was recalled by appointing authority.

RULE VI
IMPLEMENTATION OF THE LAW

Section 12. Decentralized Implementation - The CSC Regional Offices (CSC ROs) shall accept and process applications and confer Sanggunian Member eligibility to qualified Sanggunian Members whose last term or years of service is in the province, city, or municipality under the CSC RO's respective geographical jurisdiction.

RULE VII
FILING OF APPLICATION FOR 
THE GRANT OF ELIGIBILITY

Section 13. Filing Period - The prescriptive period for filing of application for the grant of Sanggunian Member Eligibility shall be in accordance with the following rules:

a) For Sanggunian Members who have already completed the six (6) or nine (9) years service requirement prior to or upon effectivity of these Rules, the prescriptive period shall be within five (5) years from the effectivity of these Rules;

b) For incumbent Sanggunian Members who shall complete the six (6) or nine (9) years of service requirement in May 2013, the  prescriptive period shall be within four (4) years from completion of the sservice requirement; and 

c) For all Sanggunian Members who shall be elected in the May 2013 elections and thereafter, the prescriptive period shall be within two (2) years upon meeting the required number of years of service. 
RULE VIII
APPLICATION REQUIREMENTS

Section 14. Documentary Requirements - The Sanggunian Member who will apply for the grant of Sanggunian Member Eligibility shall comply with the following documentary requirements:

a) Properly accomplished Application Form, CS Form 101-J (March 2013);

b) Three (3) pieces of identical I. D. pictures taken within the last three (3) months prior to filing of application with the following specification:
b.1 Passport size (4.5cm x 3.5cm or 1.8 in x 1.4 in)
b.2 Colored with white background
b.3 Taken within three (3) months prior to filing application
b.4 Printed on good quality photo paper
b.5 In standard close-up shot (from shoulder level up with the head and face occupying at least 80% of the picture and with the name tag positioned at approximately 1 inch or 2.54cm below the chin)
b.6 In bare face (with no eyeglasses or any accessories that may cover the facial features)
b.7 Showing left and right ears
b.8 Taken in full view directly facing the camera
b.9 With neutral facial expression, and both eyes open
b.10 With full and handwritten (not computer generated) name tag in the format: First Name, Middle Initial, Last Name and Extension name (if any) and signature over printed name

c)  Original and photocopy of any valid ID card containing applicant's clear picture, date of birth, signature, and signature of authorized head of the issuing agency such as Driver's License, SSS ID, GSIS ID, Philhealth ID, current company/Office ID, current school ID, Postal ID, BIR ID, Barangay ID, Voter's ID, Valid Passport or Police Clearance (Any other ID not included in the list shall NOT be accepted);

d) Certificate of the services rendered by the Sanggunian Member duly signed by authorized official at the DILG regional level where he/she served as Sanggunian Member;

e) For applicant who is a bachelor's degree holder, Original/authenticated photocopy of Transcript of Record; and

f) For Sanggunian Member First Level Eligibility applicant who is not a bachelor's degree holder, Certification duly signed by authorized official/registrar of the university/college on the units earned leading to a bachelor's degree.

      The female married applicant shall be required by the CSCRO/FO to present original and photo copy of Marriage Certificate duly authenticated/issued by the NSO.

      In addition to the above-mentioned documents, the CSC ROs/FOs may require other documents as they may deem necessary in verifying autenticity of information supplied by the applicant.

Section 15. Fees - The Sanggunian Member who will apply for the grant of Sanggunian Member Eligibility shall pay, subject to whatever increase/decrease, as may be prescribed by the Commission, the following fees:

a) Evaluation fee of Php200.00 - to be paid upon filing of the application; and

b) Processing fee of Php300.00 - to be paid only upon approval of the application.

RULE IX
DUTIES AND RESPONSIBILITIES

Section 16. Duties and Responsibilities - The following are the duties and responsibilities of the CSC and the DILG:

a) The CSC shall perform the following:

a.1 issue and review policies and guidelines on the grant of the Sanggunian Member Eligibiltiy;
a.2 coordinate, through its Regional Offices, with the Commission on Election on the list of elected Sanggunian Members;
a.3 accept and process applications, and confer the appropriate Sanggunian Member Eligibility to qualified applicants through the CSC regional offices;
a.4 collect evaluation and processing fees from applicants;
a.5 maintain a regional register of eligibles of those graned the Sanggunian Member Eligibility;
a.6 render opinion/clarification/ruling on related issued and concern that may arise in the implementation of the grant of Sanggunian Member Eligibility;
a.7 act on any irregularity that may be committed relative the grant of Sanggunian Member Eligibility.

b) The DILG, as repository and custodian of the records of Sanggunian Members, shall perform the following:

b.1 build/maintain database of Sanggunian Members, which shall include their service records, from which master lists of those qualified for the grant of Sanggunian Member Eligibility; and
b.2 issue certification as o the aggregate years of service rendered by Sanggunian Members.

RULE X
FINAL PROVISIONS

Section 17. Separability Clause. - If any clause, sentence, paragraph, or part of these Rules shall be amended or declared to be invalid, the remaining portion of this Rule not affected thereby shall remain in force and effect.

Section 18. Effectivity Clause. - These Rules shall take effect after fifteen (15) days from its publication in a newspaper of general circulation.

Quezon City.

March 08, 2013

VOTERS' PLEDGE

I am a Responsible and Principled Citizen.

I will educate myself and others about the issues at hand so that my vote is a meaningful and relevant exercise of my right of suffrage.

I pledge to vote for candidates who will abide by the duly constituted rules on campaigning because I understand that those who refuse to obey the law in the little things are not likely to obey the law in the more important things;

I pledge to vote for candidates who, by word and action, renounce violence, coercion, vote-buying, and corruption as means for getting elected;

I pledge to vote for the candidates who listen to their constituents and are responsive to the needs and aspirations of those they seek to represent;

I pledge to vote as my conscience dictates in all elections.

I make these promises freely and upon my honor.

(This Voter Pledge was read at the Unity Walk of 13 January 2013, by COMELEC Commissioner Elias R. Yusoph)

SOURCE: NAMFREL