Regular government workers who may be affected by the looming devolution of more government functions under Executive Order (EO) No. 138 will not face immediate permanent jobs loss, according to the Civil Service Commission (CSC).
In a news statement issued on Tuesday, the CSC assured that affected workers would be given the chance to have their position “transferred” within their current agency or from another agency within the Executive Branch.
“Upon transfer, the position shall be considered ‘coterminous with the incumbent,’ meaning it will be abolished once the incumbent employee is reappointed or promoted to another position, transfers, retires, resigns, or is separated from the service,” CSC said.
Reemployment ban
The affected employees, however, may opt to retire or be separated from the service allowing them to get their separation incentives if they are eligible for such.
Those who will avail of the said options will not be able to be reemployed in the Executive Branch for at least five years or they will be required to refund their separation benefit.
The five-year ban will not apply if the concerned workers will teach in a educational institution, become a medical staff in a hospital, or be reemployed in other branches of the government including the legislature, judiciary, constitutional bodies, and in the local government units (LGU).
If the status of the affected government worker is temporary, casual, contractual, coterminous, or fixed term, they may apply for new vacant positions in other government agencies.
The said policy is contained in CSC Resolution 2200162 or the guidelines for government employees affected by EO 138, series of 2021.
Ongoing devolution
EO 138 is part of the government’s preparation for the “devolution” of certain functions of the Executive Branch to the LGUs after the Supreme Court issued is Mandanas ruling, which declared the internal revenue allotment (IRA) of LGUs should be based on the collections of national taxes, except those accruing to special purpose funds and special allotments.
The ruling will significantly increase the available funds of LGUs, which prompted the national government to devolve some of its functions.
Under EO 138, national government agencies and LGUs, which will be affected by the devolution, must submit a Devolution Transition Plan (DTP) to the Department of Budget and Management (DBM) for approval.
As of April 4, 2022, CSC Commissioner Aileen A. Lizada said the DBM has approved the DTP of the Department of Health (DOH).
“The DTPs will be implemented in phases from 2022 to 2025,” Lizada told BusinessMirror in a Viber message.
During the four-year period, she said, LGUs will undergo capacity building to help them perform the devolved functions of the national government agencies.