Implementing Rules and Regulations of Republic Act No. 10156

March 6, 2013

CSC RESOLUTION NO. 1300486

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)

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 examinations;

WHEREAS, Republic Act (RA) No. 10156, otherwise known as "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" was signed into law on 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 civil service eligibility embodied in RA No. 10156 shall form part of CSC's function and program on the grant of eligibility under special laws and CSC issuances. aSTAcH

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 Provisions

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 the Career Service Professional Examination, which is appropriate for 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 resulting from taking and passing the Career Service SubProfessional Examination, 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. TDcEaH

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 the vice governor and vice mayor, as presiding officers of their respective Sanggunian, and the regular sanggunian members.

h) Sanggunian Member 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. SacTCA

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 which shall be granted to the 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 the 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 passing 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 positions only; and

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

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) Sangguniang Bayan — the vice mayor, as presiding officer, and the regular Sanggunian Members;

b) Sangguniang Panlungsod — the vice mayor, as presiding officer, and the regular Sanggunian Members;

c) Sangguniang 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 a 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. TIHDAa

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., province, city, or municipality) and in one or more Sanggunian (i.e., in another province, city, and municipality) shall be accumulated for the purpose of computing and completing the required aggregate number of years of service.

SECTION 11. Years of Service Which are Excluded from the Computation. — The following years of service 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 appropriate 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. AEIHCS

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 service requirement in May 2013, the prescriptive period shall be within four (4) years from the completion of the service 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 specifications:

b.1 Passport size (4.5 cm x 3.5 cm or 1.8 in x 1.4 in)

b.2 Colored with white background cTCaEA

b.3 Taken within three (3) months prior to filing of 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 2.54 cm 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-face 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 (Note: Any other ID not included in the list shall NOT be accepted);

d) Certification 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. cHEATI

The female married applicant shall be required by the CSCRO/FO to present original and photocopy 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 authenticity 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 application; and

b) Processing fee of Php300.00 — to be paid only upon approval of 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 Sanggunian Member Eligibility;

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; CIcEHS

a.4 collect evaluation and processing fees from the applicants;

a.5 maintain a regional register of eligibles of those granted the Sanggunian Member Eligibility;

a.6 render opinion/clarification/ruling on related issues and concerns that may arise in the implementation of the grant of Sanggunian Member eligibility; and

a.7 act on any irregularity that may be committed relative to the grant of Sanggunian Member eligibility.

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

b.1 build/maintain a database of Sanggunian Members, which shall include their service records, from which master lists of those qualified for the grant of Sanggunian Member Eligibility shall be generated; and

b.2 issue certification as to 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 provisions of these Rules 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. ACaEcH

Quezon City.

(SGD.) FRANCISCO T. DUQUE IIIChairman

(SGD.) ROBERT S. MARTINEZCommissioner

VACANTCommissioner

Attested by:

(SGD.) DOLORES B. BONIFACIODirector IV Commission Secretariat and Liaison Office

ATTACHMENT

Application for Grant of Eligibility Pursuant to R.A. 10156

Certification on Services Rendered by Sanggunian Member

Instructions

1. The Certification on Services Rendered by Sanggunian Member shall be signed by the authorized DILG Official at the Regional Office level where he/she served as Sanggunian Member. It shall be printed on official letterhead of the DILG issuing Office, and affixed with DILG dry seal at the portion covering the signature over printed name of the authorized DILG official.

2. Sanggunian Members, as defined under Rule II of CSC Resolution No. 1300486 (Implementing Rules and Regulations of RA No. 10156) refer to the Vice Governor and Vice Mayor, as presiding officers of their respective Sanggunian, and the regular Sanggunian Members.

3. Services Rendered shall include services as a Sanggunian Member, who has been elected after the effectivity of the Local Government Code of 1991 or on May 11, 1992 onwards.

4. Complete name of the Sanggunian Member shall refer to First Name, Middle Initial, Last Name, and Extension Name, if any. (Example: Juan P. Dela Cruz, Jr.)

5. Position Held ^ashall refer to the position served by the Sanggunian Member, which shall only include Vice Governor, Vice Mayor, and/or Regular Sanggunian Member/Councilor.

6. Name of Municipality and City ^b (at the municipal and city level) and Province^c (at the provincial level) where the Sanggunian Member has rendered services. cSCADE

7. Date of Election ^d shall refer to the date of election of the Sanggunian Member.

8. Inclusive Period of Services Rendered From^e and To^f columns shall refer to the inclusive period the Sanggunian Member has served a certain position. Shall be written in the mm/dd/yyyy format. (Example: 12/25/2011)

9. Period Served: No. of Years, ^gMonths^h and Daysⁱ columns shall account for the period covered by the dates for Inclusive Period of Services Rendered.

 To compute for the Period Served, the following formula shall be used:

	YYYY/MM/DD 1	(the date indicated under "To" as the minuend)
less	YYYY/MM/DD	(the date indicated under "From" as the subtrahend)
	––––––––––––––
	YYYY/MM/DD	(period served)

 

Illustration 1:

	2007/11/30	(Period of Service — To)
less	2004/03/15	(Period of Service — From)
	––––––––––
	0003/08/15	(Total Period Served is 3 years, 8 months and 15 days)
	=========

 

Illustration 2:

	2007/03/15	(Period of Service — To)
less	2004/11/30	(Period of Service — From)
	–––––––––

 Since the column for DD cannot be subtracted because the subtrahend (30 days) is bigger than the minuend (15 days), the equivalent number of days for the month of March (i.e., 31 days) shall be added to the DD column (i.e., 15 days + 31 days); thus, making it 46 days for the DD column, while the 03 under the MM column will be reduced to 02, as follows:

	2007/02/46
less	2004/11/30
	–––––––––
	/16
	========

 Similarly, since the column for MM cannot be subtracted because the subtrahend is bigger than the minuend, the equivalent number of months for one year (i.e., 12 months) shall be added to the MM column (i.e., 02 months = 12 months); thus, making it 14 months for the MM column, while the 2007 under the YYYY column will be reduced to 2006, as follows: CaDEAT

	2006/14/46
less	2004/11/30
	–––––––––
	/03/16
	========

 Since the remaining column for YYYY can be subtracted the solution will be, as follows:

	2006/14/46
less	2004/11/30
	––––––––––
	0002/03/16	(Total Period Served is 2 years, 3 months and 16 days)
	=========

10. Total Period Served ^j shall refer to the sum of the numbers under the columns number of years served, number of months served, and number of days served.

11. Sanggunian Member First Level Eligibility Applicants: Total period served should be at least six (6) years.

 Sanggunian Member Second Level Eligibility Applicants: Total period served should be at least nine (9) years.

12. Reference: Source documents of certification.

Sample Certification

CERTIFICATION ON UNITS EARNED

This is to certify that Mr./Ms. _________________________ (complete name of the Sanggunian Member) has earned units leading to a baccalaureate/bachelor's degree of ___________________ major in _________________ from this University/College, with status, as follows:

Total Number of Units Earned ________

Last Academic Year Attended ________

This Certification is issued for purposes of evaluation by the Civil Service Commission (CSC) Regional Office No. ____ of the application of Mr./Ms. ___________________________ (complete name of the Sanggunian Member) for the grant of Sanggunian Member Eligibility pursuant to Republic Act No. 10156, and in accordance with CSC Resolution No. 1300486 promulgated on March 6, 2013. IDTSEH

__________________________, _______________.

(city/municipality and province), (complete date)

__________________________________

__________________________________

Footnotes

1. YYYY = Years; MM = Months; DD = Days.