An Act Amending Act Numbered Five, Entitled "An Act for the Establishment and Maintenance of an Efficient and Honest Civil Service in the Philippine Islands." As Amended by Acts Numbered Forty-Seven, One Hundred and Two, One Hundred and Sixty-Seven, Three Hundred and Six, and Five Hundred and Eighty-Nine

March 3, 1904

ACT NO. 1072

AN ACT AMENDING ACT NUMBERED FIVE, ENTITLED "AN ACT FOR THE ESTABLISHMENT AND MAINTENANCE OF AN EFFICIENT AND HONEST CIVIL SERVICE IN THE PHILIPPINE ISLANDS." AS AMENDED BY ACTS NUMBERED FORTY-SEVEN, ONE HUNDRED AND TWO, ONE HUNDRED AND SIXTY-SEVEN, THREE HUNDRED AND SIX, AND FIVE HUNDRED AND EIGHTY-NINE

SECTION 1. Section one of Act Numbered Five is hereby stricken out and the following substituted in lieu thereof:

"SECTION 1. The Civil Governor, by and with the advice and consent of the Philippine Commission, shall appoint three persons to be members of a board to be called the Philippine Civil Service Board. The Civil Governor shall designate one of these appointees as chairman." TIADCc

SECTION 2. Section three of Act Numbered Five, as amended by Act Numbered One hundred and two, is hereby stricken out and the following substituted in lieu thereof:

"SEC. 3. (a) The Board shall keep an official roster of all officers and employees above the grade of unskilled laborer in the civil service of the Philippine Islands, and for the purpose of this roster each head of a Bureau or Office shall furnish to the Board the necessary information, in such form and manner as it shall prescribe. The roster shall be published at intervals to be fixed by the Civil Governor.

"(b) All heads of Bureaus or Offices shall cause to be kept an accurate record of the attendance of all officers and employees under them who are entitled to leave of absence provided by law, and shall report to the Board, in the form and manner prescribed by it, all absences from duty from any cause whatever. The Board shall keep an accurate record of such absences."

SECTION 3. Section five of Act Numbered Five, as amended by Acts Numbered One hundred and sixty-seven, Three hundred and six, and Five hundred and eighty-nine, is hereby amended to read as follows:

"SEC. 5. This Act shall apply, except as hereinafter expressly provided, to all appointments of civilians in the Bureaus and Offices of the Government of the Philippine Islands, insular or provincial, or of the city of Manila: Provided, That persons appointed by the Civil Governor, by and with the advice and consent of the Philippine Commission, shall not be included in the classified service unless otherwise specifically provided by law."

SECTION 4. Paragraph (p) of section six of Act Numbered Five is hereby amended to read as follows:

"(p) For the employment of clerks and other employees for temporary service in the absence of available eligibles or when the work is temporary in character: Provided, That the temporary employment of any person occupying a permanent position shall cease when the Board shall certify an eligible who accepts temporary or probational appointment."

SECTION 5. Section seven of Act Numbered Five is hereby amended by striking out the word "January" and the words "which it has adopted," and substituting respectively in lieu thereof the word "July" and the words "which have been certified by the Board and approved by the Civil Governor."

SECTION 6. Section twelve of Act Numbered Five is hereby amended to read as follows:

"SEC. 12. No person shall be appointed to or employed in the classified service of the Philippine Islands or in any of the unclassified positions enumerated in section twenty, except as provided by an appropriation Act or a resolution of the Philippine Commission pledging an appropriation or by a resolution of a provincial board approved by the Insular , Treasurer, passed prior to such appointment or employment. Any person appointed to or employed in the classified service by the head or acting head of a Bureau or Office in violation of the provisions of the Civil Service Act or Rules shall not be entitled to receive salary or wages from the Government, but the head or acting head of the Bureau or Office who signs or makes such appointment or employment shall be personally responsible to him for the salary which would have accrued to him had the appointment or employment been made in accordance with the provisions of the Civil Service Act and Rules, and payment shall be made to him out of the salary of the head or acting head of the Bureau or Office by the disbursing officer. No disbursing officer shall pay any salary or wages to any person appointed to or employed in a classified civil-service position, except from the salary of the head or acting head of the Bureau or Office as hereinbefore provided, until proper evidence is furnished him by the head or acting head of the Bureau or Office that the person has been appointed or employed in accordance with the provisions of the Civil Service Act and Rules. When the Board shall find that any person is holding a position in the classified civil service in violation of the provisions of the Civil Service Act or Rules, it shall certify information of the fact to the Auditor and to the disbursing officer through whom the payment of salary or wages to such person is by law required to be made. If the Auditor shall find that a disbursing officer has paid or permitted to be paid salary or wages to any person illegally holding a classified position, the whole amount paid shall be disallowed and the disbursing officer shall not receive credit for the same. If the Auditor shall find that the head or acting head of a Bureau or Office is responsible, as above provided, for the payment of salary or wages to such person and that such payment is not due to the failure of the disbursing officer to obtain proper evidence as herein required, the disbursing officer shall be directed to withhold from the salary of such head or acting head of the Bureau or Office an amount equal to that disallowed by the Auditor. A disbursing officer, the head of any Department, Bureau or Office, or the Auditor may apply for and the Civil Service Board shall render a decision upon any question as to whether a position is in the classified or the unclassified civil service, or whether the appointment of any person to a classified position has been made in accordance with the Civil Service Act and Rules, which decision, when rendered, shall be sufficient authority for the Auditor in passing upon the account.

SECTION 7. Section thirteen of Act Numbered Five, as amended by Act Numbered Five hundred and eighty-nine, is hereby amended by striking out the words "in the Philippine civil service," and by inserting after the word "corruptly" and before the word "furnish" the words "use or," and by striking out the words "of any" after the word "chances" and before the word "person" and substituting in lieu thereof the words "of himself or any other."

SECTION 8. Section twenty of Act Numbered Five, as amended by Acts Numbered One hundred and sixty-seven, Three hundred and six, and Five hundred and eighty-nine, is hereby amended to read as follows: AIDSTE

"SEC. 20. The requirements of this Act for entrance into the civil service, or for promotion by examination, shall not apply to the selection of the following officers and employees:

"1. One private secretary to each member of the Philippine Commission, including the Civil Governor.

"2. Any person in the military or naval service of the United States who may be detailed for the performance of civil duties.

"3. Persons employed as semiskilled or unskilled laborers whose rate of compensation is less than three hundred and sixty dollars per annum.

"4. All employees whose rate of compensation is one hundred and twenty dollars or less per annum.

"5. Postmasters and customs inspectors whose rates of compensation do not exceed three hundred and one hundred and eighty dollars per annum, respectively, who may lawfully perform the duties of postmaster or customs inspector in connection with the other official duties with which they are charged, if they be government employees, or if not government employees, in connection with their private business, such duties requiring only a portion of their time.

"6. Detectives, secret agents, sheriffs, and deputy sheriffs.

"7. Any position in the Department of Commerce and Police the duties of which are of a quasi military or quasi naval character.

"8. Chinese and Japanese employees."

SECTION 9. Section twenty-one of Act Numbered Five, as amended by Acts Numbered One hundred and sixty-seven, Three hundred and six, and Five hundred and eighty-nine, is hereby amended to read as follows:

"SEC. 21. Vacancies in the position of heads and of assistant heads of Bureaus or Offices and of superintendents shall be filled by promotion, without examination, of persons in the classified service, if competent persons are found in the service who in the judgment of the appointing power are available and possess the qualifications required, the intention of this provision being that the appointing power may, by virtue hereof, select for appointment from the entire classified service the person deemed most competent to fill the vacancy: Provided, however, That an examination may be given when requested by the Civil Governor or proper head of an Executive Department."

SECTION 10. Section twenty-three of Act Numbered Five, as amended by Act Numbered Five hundred and eighty-nine, is hereby amended to read as follows:

"SEC. 23. The position of teacher in the insular service and in the municipal service of Manila is hereby classified and made subject to all the provisions of the Civil Service Act and Rules, and all teachers now serving under regular appointment in the insular service or in the municipal service of Manila are hereby declared to be in the classified service."

SECTION 11. Section thirty of Act Numbered Five, as provided in Act Numbered Forty-seven, and all other Acts or parts of Acts inconsistent with this Act are hereby repealed.

SECTION 12. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 13. This Act shall take effect on its passage.

ENACTED, March 3, 1904.