STEPHANNIE GRACE T.

GUMBAN JD 2C ADMINISTRATIVE LAW FEBRUARY 13,2024

1. Whether or not its promulgation must be authorized by the legislature

 The CSC MC No. 1 s. 2017 was promulgated last January 31, 2017. This memorandum circulation
is for the “Reiteration of the Policy on Government Office Hours; and the Administrative Offenses
of Frequent Unauthorized Absences (Habitual Absenteeism); Tardiness in Reporting for Duty; and
Loafing from Duty during Regular Office Hours”.
 Civil Service Commission is one of the Constitutional Commission under the 1987 Constitution.
The CSC is the central personnel agency of the Philippine government. One of the three
independent constitutional commissions with adjudicative responsibility in the national
government structure, it is also tasked to render final arbitration on disputes and personnel
actions on Civil Service matters.
 Under Executive Order No. 292, the Civil Service Commission shall perform the following
functions:
(a) Administer and enforce the constitutional and statutory provisions on the merit system for
all levels and ranks in the Civil Service;
(b) Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of
the Civil Service Laws and other pertinent laws;
(c) Promulgate policies, standards and guidelines for the Civil Service and adopt plans and
programs to promote economical, efficient and effective personnel administration in the
government;
(d) Formulate policies and regulations for the administration, maintenance and implementation
of position classification and compensation and set standards for the establishment,
allocation and reallocation of pay scales, classes and positions;
(e) Render opinion and rulings on all personnel and other Civil Service matters which shall be
binding on all head of departments, offices and agencies and which may be brought to the
Supreme Court on certiorari;
(f) Appoint and discipline its officials and employees in accordance with law and exercise
control and supervision over the activities of the Commission;
(g) Control, supervise and coordinate Civil Service examinations. Any entity or official in
government may be called upon by the Commission to assist in the preparation and conduct
of said examinations including security, use of buildings and facilities as well as personnel
and transportation of examination materials which shall be exempt from inspection
regulations;
(h) Prescribe all forms for Civil Service examinations, appointment, reports and such other
forms as may be required by law, rules and regulations;
(i) Declare positions in the Civil Service as may properly be primarily confidential, highly
technical or policy determining;
(j) Formulate, administer and evaluate programs relative to the development and retention of
qualified and competent work force in the public service;
(k) Hear and decide administrative cases instituted by or brought before it directly or on
appeal, including contested appointments, and review decisions and action of its offices and
 of the agencies attached to it. Officials and employees who fail to comply with such
decisions, orders, or rulings shall be liable for contempt of the Commission. Its decisions,
orders or rulings shall be final and executory. Such decisions, orders, or rulings may be
brought to Supreme Court on certiorari by the aggrieved party within thirty (30) days from
receipt of the copy thereof;
(l) Issues subpoena and subpoena duces tecum for the production of documents and records
pertinent to investigations and inquiries conducted by it in accordance with its authority
conferred by the Constitution and pertinent laws;
(m) Advise the President on all matters involving personnel management in the government
service and submit to the President an annual report on the personnel programs;
(n) Take appropriate actions on al appointments and other personnel matters in the Civil
Service including extension of service beyond retirement age;
(o) Inspect and audit the personnel actions and programs of the departments, agencies,
bureaus, offices, local government including government-owned or controlled corporations;
conduct periodic review of the decisions and actions of offices or officials to whom authority
has been delegated by the Commission as well as the conduct of the officials and the
employees in these offices and apply appropriate sanctions whenever necessary.
(p) Delegate authority for the performance of any functions to departments, agencies and
offices where such functions may be effectively performed;
(q) Administer the retirement program of government officials and employees, and accredit
government services and evaluate qualification for retirement;
(r) Keep and maintain personnel records of all officials and employees in the Civil Service; and
(s) Perform all functions properly belonging to a central personnel agency such as other
functions as may be provided by law.

 Given the duties and functions of the CSC, it does not need the authorization of the legislature
when the commission wants to promulgate their memorandum circular or administrative
regulation.

2. Whether or not it must be promulgated in accordance with the prescribed procedure

 The memorandum circular was promulgated properly by the Civil Service Commission itself
since it is an independent body; thus it does not need the prescribe procedure of the
legislature.

3. Whether or not it must be within the scope of the authority given by the legislature
 The powers and duty of the Civil Service Commission is vested by the 1987 Constitution itself.
The authority is given by the highest law of the land. It means the CSC can act upon itself and by
itself when it comes to the promulgation of the numerous memorandums. The Commissioner is
the one that needs to approved the document/s.
4. Whether or not it must be reasonable
 The CSC MC No. 1 s. 2017 is reasonable because it is understood that public service is public
trust. Thus, every government employee is expected to be available on their post during the
prescribed office hours. They are expected to follow the guidelines of the memorandum order.
 Government employees are expected by the public and the government itself that they are
serving with utmost commitment.