APPENDIX. AN ACT FOR THE ESTABLISHMENT AND MAINTENANCE members of the Board. By authority of the President of the United States, be it enacted by the United States Philippine Commission, that: SECTION 1. The Commission shall appoint three persons to be Appointment of members of a Board to be called the Philippine Civil Service Board. The Commission shall designate one of such persons as chairman, and another as secretary, and may in its discretion designate from among the members of the Board a chief examiner. SEC. 2. No person shall be eligible for appointment as a mem- Eligibility for appointment to ber of the Board unless he shall be a native of the Philippine Board. Islands owing and acknowledging allegiance to the United States, or a citizen of the United States. traveling expenses. Amended Mar. 9, 1901. Act. SEC. 3. Each member of the Board shall during his incumbency Salaries and reside in Manila, and shall receive an annual salary of three thousand five hundred dollars and his necessary traveling expenses while in the discharge of his official duties. In case the Commission shall designate a member of the Board to act as chief examiner he shall receive in addition to his salary as a member of the Board a further annual compensation of five hundred dollars. SEC. 4. The Board shall prepare rules adapted to carry out the Purpose of the purpose of this act, which is hereby declared to be the establishment and maintenance of an efficient and honest civil service in all the executive branches of the Government of the Philippine Islands, central, departmental, and provincial, and of the city of Manila, by appointments and promotions according to merit and by competitive examinations where the same are practicable, and Competitive exit shall be the duty of all officers in the Philippine civil service in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect. aminations. classified service. 1901, and Jan. 9, SEC. 5. This act shall apply, except as hereinafter expressly Extent of the provided, to all appointments of civilians in the Bureaus and Amended July Offices of the Government of the Philippine Islands, subject, how- 16, 1901; Nov. 29, ever; to the provisions and limitations of the acts organizing such 1903. Bureaus: Provided, That persons appointed by the Civil Governor, by and with the advice and consent of the Philippine Commission, and persons employed merely as laborers, shall not be included in the classified service unless otherwise specifically provided by law. SEC. 6. The rules to be prepared and certified by the Board shall provide: (a) For the classification of all offices and employments included in section 5. Rules: Classification. 15 Technical, professional, or scientific positions. Selection of policemen, firemen, and guards. Skilled work men. Promotions. Probation. Preparation and places for holding examinations. Selection of eligibles. Transfers. Reinstatements. Examinations in Spanish and English. Noncompetitive examinations. Physical examination. Age limits. (b) For the appointment to those offices requiring technical, professional, or scientific knowledge, by competitive or noncompetitive examinations, as the Board shall determine. (c) For the selection of members of the police force and of the fire department in the city of Manila and of guards at prisons and penitentiaries by competitive or noncompetitive examination, or otherwise, as the Board, after consultation with the Military Governor and his approval, shall determine. (d) For the selection of skilled workmen by such examinations, competitive or noncompetitive, as may be practicable, and which need not, if the Board shall so limit them, relate to more than the capacity of the applicants to labor, their habits of industry and sobriety, and their honesty. (c) For competitive or noncompetitive promotion examinations, as the Board shall determine. In the competition the Board may provide, in its discretion, for the allowance of credit to the previous experience and efficiency of the applicant in the civil service of the Islands, to be estimated by the officer or officers under whose direction the service has been rendered, under such limitations as the Board may prescribe: Provided, That such credit shall not be allowed to any applicant who shall not obtain a minimum average per centum to be fixed by the Board. (f) For a period of probation before the appointment or employment is made permanent. (g) For the preparation and holding in Manila and in the provinces of open competitive examinations of a practical character for testing the fitness of applicants for appointment to the classified service, and for the preparation and the holding of examinations in the United States under the auspices of the United States Civil Service Commission. (h) For selection, according to average percentage, from among those certified by the Board as rated highest in such competition. (i) For transfers under limitations to be fixed by the rules from one branch of the classified service to another, or from the Federal classified civil service of the United States to the classified service of the Philippine Islands. (j) For reinstatements in the service under limitations to be fixed by the rules. (k) For the examination in the Spanish language of all applicants who are citizens of the United States and in the English language of all applicants who are natives of the Philippine Islands, whenever, in the opinion of the Board, knowledge of both languages is essential to an efficient discharge of the duties of the positions sought. (7) For the holding of noncompetitive examinations when applicants fail to compete after due notice has been given of an open competitive examination to fill an existing vacancy. (m) For a thorough physical examination by a competent physician of every applicant for examination in the United States, and in the discretion of the Board in the Philippine Islands, and for rejection of every such applicant found to be physically disqualified for efficient service in the Philippine Islands. (n) For fitting age limits of applicants for entrance into the classified service. contain informa (0) For eliciting from all applicants for examination full infor- Application to mation as to their citizenship, nativity, age, education, physical tion of applicant's qualifications, and such other information as may reasonably be fitness. required affecting their fitness for the service which they seek to enter. ice. (p) For the employment of clerks and other employees for tem- Temporary servporary service where it is impracticable to make appointments as provided in this act, for terms not exceeding ninety days, but no person shall be employed under this exception for more than ninety days in a year. (q) The enumeration herein of the subjects to be covered by General authority to prepare the rules of the Board shall not be regarded as exclusive, but the rules. Board shall have power to prepare and submit to the Civil Governor for his approval any rules not in violation of the limitations. of the act, which will more efficiently secure the enforcement of the act. nual report. SEC. 7. The Board shall keep minutes of its own proceedings, Minutes of proand on or before the first day of January of each year shall ceedings and anmake an annual report to the Civil Governor and to the Commission showing its proceedings, the rules which it has adopted, the practical effect thereof, and suggestions for carrying out more effectually the purpose of this act. mittees and official examiners. SEC. 8. The Board shall supervise the preparation and rating Examining comand have control of all examinations in the Philippine Islands under this act. The Board may designate a suitable number of persons in the Philippine civil service to conduct its examinations and to serve as members of examining committees, and when examiners with special, technical, or professional qualifications are required for the preparation or rating of examination papers it may designate competent persons in the service for such special duty, after consultation with the proper officer, or officers, under whom they are serving. The duties required of such persons as members of examining committees, or as special examiners, shall be considered as part of their official duties and shall be performed without extra compensation. When persons can not be found in the Philippine service with the necessary qualifications for special examining work that may be required, the Board is authorized to employ at a reasonable compensation persons not in public employment for such work, which compensation shall be paid out of the general funds appropriated for the purposes of the Board, on its order. Authority to tions. SEC. 9. The Board may make investigations and report upon all matters relating to the enforcement of this act and the rules make investigaadopted hereunder, and in making such investigations the Board and its duly authorized examiners are empowered to administer oaths, to summon witnesses, and to require the production of official books and records which may be relevant to such investigation. SEC. 10. The Board shall have a permanent office in the city of Authorization to Manila. When examinations are to be held by the Board, either ings for examinause public buildin Manila or in the provinces, officers having the custody of public tions. buildings shall allow their reasonable use for the purpose of holding such examinations. 3842————2 Record of all SEC. 11. The head of each office to which this act applies shall changes in the service to be kept notify the Board in writing without delay of all appointments, by the Board. Appointments made in violation of law and rules. Frauds and penalties. Beneficiary of fraudulent act subject to penalties. Political or religious opinions permanent, temporary, or probational, made in the classified service in his office, of all rejections after the period of probation, and of all transfers, promotions, reductions, resignations, or vacancies from any cause in said service and of the date thereof; and a record of the same shall be kept by the Board. SEC. 12. When the Board shall find that any person is holding a position in the civil service in violation of the provisions of this act or the rules of the Board, it shall certify information of the fact to the disbursing and auditing officers through whom the payment of the salary or wages of such position is by law required to be inade, and if thereafter the disbursing or auditing officer shall pay, or permit to be paid, to the person such salary or wages, the payment shall be illegal, the disbursing officer shall not receive credit for the same, and the auditing officer who authorizes the payment shall be liable on his official bond for the loss resulting to the proper government. SEC. 13. Any person in the Philippine civil service who shall willfully or corruptly, by himself or in coöperation with one or more persons, defeat, deceive, or obstruct any person in the matter of his right of examination by said Board; or who shall willfully, corruptly, and falsely rate, grade, estimate, or report upon the examination or standing of any person examined hereunder, or aid in so doing; or who shall willfully and corruptly make any false representations relative thereto or concerning the person examined; or who shall willfully and corruptly furnish any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, or to be examined, of being employed, appointed, or promoted, shall for each such offense be punished by a fine not exceeding one thousand dollars, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment. SEC. 14. Any person who shall willfully and corruptly become the beneficiary of an act in violation of the last preceding section shall be punished as provided in that section. SEC. 15. No inquiry shall be made, and no consideration whatnot to be disclosed ever shall be given to any information, relative to the political or recorded. or religious opinions or affiliations of persons examined, or to be examined, for entrance into the service, or of officers or employees Disloyalty a com- in the matter of promotion: Provided, however, That disloyalty to plete disqualifica- the United States of America as the supreme authority in these Islands shall be a complete disqualification for holding office in the Philippine civil service. tion. Oath of allegiance to United to examination. SEC. 16. Every applicant for admission to the Philippine civil States prerequisite service shall, before being admitted to examination in the Islands, take and subscribe the following oath before a justice of the peace in and for the province in which he is, or before a member of the Civil Service Board, the members of which are authorized to administer the same: "OATH OF APPLICANT. "I, ...., having applied for admission to the civil service of the Philippine Islands, do solemnly swear (or affirm) that I recognize and accept the supreme authority of the United States of America in these Islands and will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion. So help me God. (The last four words to be stricken out in case of affirmation.) "(Signature). "Subscribed and sworn to (or affirmed) before me this day of 19.... The oath of the applicant shall be filed with the secretary of the Board. political contribu SEC. 17. No officer or employee in the Philippine civil service Employees prohibited from givshall, directly or indirectly, give or hand over to any other officer ing to, or receiving or employee in said service any money or other valuable thing to from, one another be applied to the promotion of any political object whatever and tions. a violation of this section by the receiving officer or employee shall subject the violator to a penalty of not exceeding five hundred dollars or to imprisonment not exceeding six months, or both, and upon conviction he shall be removed from office. Solicitor of political contributions from public officers ties. SEC. 18. No person in the Philippine civil service shall be under obligation to contribute to a political fund or to render a political service, or be removed or otherwise prejudiced for refusing to do subject to penalSO. Any person soliciting political contributions from public officers or employees shall be subject to the same penalties as those provided in the preceding section. Preference in SEC. 19. In the appointment of officers and employees under the provisions of this act, the appointing officer in his selection from appointment. the list of eligibles to be furnished him by the Board shall, where other qualifications are equal, prefer: First. Natives of the Philippine Islands. Second. All honorably discharged soldiers, sailors, and marines of the United States. Extent of the unclassified serv SEC. 20. The requirements of this Act for entrance into the civil service, or for promotion by examination, shall not apply to the ice. selection of the following officers and employees: ALL DEPARTMENTS AND OFFICES. 1. One private secretary to each member of the Philippine Commission, except the President. 2. Persons appointed by the Civil Governor, by and with the advice and consent of the Philippine Commission, unless otherwise specifically provided by law. 3. Any person in the military or naval service of the United States who may be detailed for the performance of civil duties. 4. Persons employed merely as laborers. EXECUTIVE OFFICE. 5. One private secretary to the Civil Governor. DEPARTMENT OF THE INTERIOR. 6. The members of the Board of Health for the Philippine Islands. 7. The presidents of provincial boards of health. Amended July 16, 1901; Nov. 29, 1901, and Jan. 9, 1903. |