REPORT OF THE CIVIL SERVICE BOARD.

has served continuously therein from the date of said promotion or transfer, may be retransferred to the classified position from which he was transferred or to any position to which transfer could be made therefrom.

4. Any person who has been transferred from one classified position to another classified position may be retransferred to the position in which he was formerly employed, or to any position to which transfer could be made therefrom, without regard to the limitations of these rules.

5. A person in the classified service of the Federal Government of the United States may be transferred to any position in the Philippine classified service, subject to the conditions of these rules with respect to age limitations and examinations, and when an examination is required previous to such transfer the board may accept such tests of fitness as may be made upon its request by the United States Civil Service Commission.

6. An officer or employee occupying a competitive position in the Philippine classified civil service who has served three years or more therein may be certified for transfer to the Federal classified civil service, subject to the provisions of the United States Civil Service rules, and to the following requirements:

(a) Three years' continuous service in the islands without visiting the United States.

(b) Four years' continuous service in the islands, visiting the United States only once during this period.

7. No head of a bureau or office of the government of the Philippine Islands, or any subordinate officer or employee thereof, shall, directly or indirectly, invite, solicit, or even discuss with a subordinate officer or employee, classified or unclassified, permanent or temporary, of another bureau or office, or of the Army or the Navy of the United States in these islands, his appointment or transfer to the bureau or office of such head or subordinate, until the consent in writing is first obtained of the head of the bureau or office in which the desired officer or employee is a subordinate, or of the civil governor or proper head of a department, or of the officer of the Army or the Navy under whom he may be employed or serving.

RULE IX.-Promotions.

1. No vacancy in any position shall be filled by original appointment whenever there is in the bureau or office in which the vacancy exists any person in a position in a lower class or grade who is competent and qualified and is willing to be promoted to the existing vacancy.

2. In providing regulations and competitive examinations for promotion the board shall give due weight to the previous experience and efficiency of officers and employees, and shall introduce such tests of fitness as it may deem proper after consultation with the heads of the different bureaus, offices, or branches of the service in which promotion examinations may be held for the purpose of determining the relative efficiency of officers and employees.

3. In each department, bureau, office, or branch of the service, the board may, subject to the proviso contained in section 6 of Rule III, designate a promotion examining committee of not less than three persons. The members of the committee shall perform such duties with respect to promotions and promotion examinations as the board may direct, in the performance of which duties they shall be under the sole control and authority of the board.

4. There shall be kept in each office, on forms prescribed by the board for that purpose, a comparative record from which the relative efficiency of employees may be determined. Among the elements of efficiency to be considered are quantity of work or the amount performed, quality of work or the degree of its excellence, physical condition, habits, character, conduct, aptitude and adaptability, punctuality, and attendance. This record shall be at all times open to the inspection of the board. A report shall be made to the board semiannually on Form No. 54, on the first days of January and July, giving the comparative term and corresponding efficiency rating applicable to each person according to the following scheme: Very superior: Indicating the highest degree of efficiency or excellence.... 95 to 100 Superior: Indicating a high degree of efficiency or excellence.. Good: Indicating a degree of efficiency above the average.. Fair: Indicating an ordinary degree of efficiency..

Poor: Indicating inefficiency.

85 to 94

75 to 84

70 to 74

Below 70

5. No recommendation of any person for promotion, whether verbal or in writing, shall be received or considered unless it be made by the officer or officers under whose

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supervision he is or has been employed, and the presentation of any other recommendation shall be considered an unwarrantable interference with the public service. 6. Until the promotion regulations herein authorized have been promulgated by the board for any department, bureau, office, or branch of the service, and the board has notified such department, bureau, office, or branch of the service that it is prepared to conduct the promotion examinations authorized under the civil service act and rules, promotions therein may be made upon any tests of fitness not disapproved by the board which may be determined upon by the appointing officer: Provided, That pending the adoption of such regulations, in case of proposed promotion from one class to another class of an employee who has not entered the service through the examination prescribed for the class to which promotion is proposed, such employee shall be required to obtain an eligible rating in such prescribed examination taken noncompetitively, and the appointment by promotion thus made shall not become effective prior to the date of taking the examination in which an eligible rating is obtained.

7. Save in exceptional cases, promotion or increase of salary shall not be made during the first six months after the appointment of an officer or employee in either the classified or the unclassified service, nor more frequently than once in tweve months thereafter, nor more than one class at a time. The question of whether a case is or is not an exceptional one shall be determined by the civil governor or proper head of a department.

8. When a promotion is proposed by the head of a bureau or office and report on Form No. 3 or Form No. 54 is overdue, action on such proposed promotion shall be suspended pending the receipt of said report in proper form.

RULE X.-Appointment and employment.

1. All appointments to classified positions, except temporary appointments, whether original, by promotion, reduction, transfer, or reinstatement, must be made in accordance with the provisions of Act No. 25, as amended, on Form No. 33, and transmitted to the board for attestation or recommendation and by it forwarded to the civil governor or proper head of a department for approval or disapproval: Provided, That appointments made by the civil governor, by and with the advice and consent of the Philippine Commission, shall not be made on the form referred to herein and shall not require the attestation of the board.

2 The payment of any money on account of salary to any officer or employee in the classified service is not warranted prior to the receipt by the disbursing officer of notification from the head of the bureau or office that the appointment or employment of such officer or employee has been duly authorized as provided by the civil

service act and rules.

3. No person appointed to any unclassified position shall be assigned to or employed in a position the duties of which are clerical, nor shall he be assigned to or employed in any other position in the classified service.

4. No person appointed to a position in the classified service shall, without the approval of the board, be assigned to or employed in a position of a grade or character not contemplated by the examination from the results of which appointment was made, except as provided in Act No. 408, as amended.

RULE XI.-Procedure in reductions, separations, and suspensions.

1. When the head of a bureau or office deems it necessary to recommend a regularly and permanently appointed subordinate officer or employee in the classified civil service for reduction in salary or compensation, he shall in writing notify the person affected of the proposed action and the grounds upon which such action is premised, and shall prescribe a reasonable period, which shall not be less than twentyfour hours, within which a written reply may be submitted if desired, together with any written evidence he may desire to submit. Upon receipt of the reply or after the expiration of the period within which such reply should have been submitted, the head of the bureau or office shall forward to the board a certified copy of the letter of notification and the reply and evidence, if any shall have been received. These papers shall be promptly forwarded to the civil governor or proper head of a department by the board, together with its recommendation in the case, for final

action.

2. In case of proceedings to remove a regularly and permanently appointed subordinate officer or employee in the classified civil service for cause, the head of the bureau or office may suspend such person at once, if he deem that course necessary, and, in any event, shall in writing notify the person in interest that his removal for cause is to be recommended, and of the ground upon which such recommendation is

based, at the same time prescribing a reasonable period within which a written answer, supported by such written evidence as he desires to present, shall be submitted, such period to be not less than twenty-four hours after the actual receipt of the notification by the person recommended for removal. In the event of no response being received within the period prescribed, evidence of the receipt of the written notification, together with a certified copy of the same, shall be forwarded to the board. If reply has been received it shall be similarly forwarded, with a certified copy of the notification mentioned, together with any other evidence or papers in the case. The board shall promptly forward, with recommendation, all the papers in the case for final action. If such action be approval of the recommendation to remove for cause, the person affected shall be dropped from the rolls of the office as discharged on the day he was suspended, if suspension was made; otherwise his discharge shall be effective on the date of receipt by the head of the bureau or office in interest of the notification of approval by the civil governor or proper head of a department. Under no circumstances shall an officer or employee so construe the provisions of any law now in force as to authorize or require the official publication of the cause of removal of any person from the Philippine civil service in more specific terms than "for the good of the service."

3. In every instance of a tender of resignation by a regularly and permanently appointed subordinate officer or employee in the classified civil service, it shall be the duty of the officer authorized to act thereon to accept or decline to accept the same in writing, and if the resignation be accepted, to give him a letter stating clearly the character of the services rendered and whether or not, in the light of present information, a possible future application for reinstatement in the same bureau or office would be favorably considered. In the event of a statement to the effect that such application would not be favorably considered, reasons therefor shall be stated and the person in interest informed that he may, should he so desire, submit a written reply and such other written evidence as he may elect. When completed, certified copies or the originals of all the papers in the case shall be forwarded to the board; in case of objection to reinstatement, the papers will be forwarded by the board with its recommendation for review and final action. For obvious reasons no officer or employee should be continued in his position who could not be recommended for reinstatement were he to resign.

4. In cases of deduction from pay or suspension from duty without pay under the provisions of section 2 of Act No. 25, as amended, of a subordinate officer or employee in the classified or the unclassified civil service, the head of the bureau or office shall notify the person affected in writing of the action proposed and shall give him a reasonable period of time within which to submit a written answer, which shall be not less than twenty-four hours, supported by such written evidence as he desires to present. The papers in the case shall be forwarded to the board for recommendation and shall be transmitted by the board to the civil governor or proper head of a department for final action. The deduction from pay shall not be made nor shall the suspension from duty take place until the approval of the civil governor or proper head of a department has been obtained.

5. If any of the papers in the proceedings under this rule are written in Spanish, the head of the bureau or office shall furnish translations in English, whenever practicable, as well as the originals or certified copies thereof. All papers relating to the removal or resignation of subordinate officers or employees in the classified civil service shall be filed in the office of the board.

6. In all cases of removal or reduction of officers or employees in the unclassified service above the grade of semiskilled laborer, the head of the bureau or office shall furnish the board with a full statement of the cause of the removal or reduction. In cases of resignation when an application for reinstatement would not be favorably considered, the board shall be furnished with a full statement of the character of the services rendered and the reasons why application for reinstatement would not be favorably considered.

RULE XII.-Prohibitions and penalties.

1. No person in the Philippine civil service shall use his official authority or official influence to coerce the political action of any other person or body.

2. No officer or employee in the Philippine civil service shall discharge or promote or degrade or in any manner change the official grade or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding, or neglecting to make, any contribution of money or other valuable thing for any political purpose whatever.

3. No inquiry shall be made, and no consideration whatever shall be given to any information relative to the political or religious opinions or affiliations of persons examined, or to be examined, or of officers or employees in the matter of promotion,

and no discrimination shall be exercised, threatened, or promised against, or in favor of, any person employed, examined, or to be examined, because of his political or religius opinions or affiliations.

4. No recommendation of an applicant, competitor, or eligible involving any disclosure of his political or religious opinions or affiliations shall be considered by the board, by any examining committee or special examiner, or by any nominating or appointing officer.

5. No officer or employee shall engage in any private business, vocation, or profession, or be connected with any commercial undertaking, without written permission from the head of the bureau or office in which he is serving, and of the civil governor or proper head of a department. As a general rule, in any enterprise which involves the taking of time, this prohibition will be absolute in the case of those officers and employees whose remuneration is fixed on the assumption that their entire time is at the disposal of the government; if granted permission to engage in a business requiring time of applicant, copies must be furnished the board.

6. Discourtesy to private individuals or to government officers or employees, drunkenness, gambling, dishonesty, chronic or flagrant violation or neglect of duty, notoriously disgraceful or immoral conduct, physical incapacity due to immoral or vicious habits, incompetency, lending money at exorbitant rates of interest, willful failure to pay just debts, contracting loans of money or other property from merchants or other persons with whom the bureau of the borrower is in business relations, pecuniary embarrassment arising from reprehensible conduct, the pursuit of private business, vocation, or profession without permission in writing from the head of the bureau or office in which employed and of the civil governor or proper head of a department, disreputable or dishonest conduct committed prior to entering the service, or the willful violation by any person in the Philippine civil service of any of the provisions of the civil service act or rules, may be considered reasons demanding proceedings to remove for cause or to reduce in class or grade. No head of a bureau or office shall knowingly continue in the public service any subordinate officer or employee guilty of any of the above-named derelictions without submitting the facts through the board to the civil governor or proper head of a department.

7. In making removals or reductions, or in imposing other punishment, for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereon shall be taken irrespective of the political or religious opinions or affiliations of the offenders.

RULE XIII.-Official roster of officers and employees.

The board shall keep an official roster of all regularly and permanently appointed officers and employees in the civil service of the Philippine Islands above the grade of semiskilled laborer, and for the purpose of this roster each head of a bureau or office shall furnish to the board:

1. The necessary information in such form and manner as it may prescribe.

2. A statement on Form No. 3 on the first day of each month of all changes, and the dates thereof, in the service under his control and authority, setting forth, among other things, the following: The name of every person appointed, reinstated, promoted, reduced, transferred, or separated from the service; the position to which an appointment or reinstatement is made; the position from which and the position to which a promotion or transfer is made; the position from which a separation is made, whether by removal, resignation, or death, and the compensation of every position from which or to which a change is made.

RULE XIV.-Employment of semiskilled and unskilled laborers.

The employment by the heads of bureaus or offices of semiskilled and unskilled laborers whose rate of compensation is less than $360 per annum shall be subject to the following conditions:

1. They shall be employed according to priority in making application for employment, after proper inquiry as to their capacity to labor, their habits of industry and sobriety, and their honesty.

2. No consideration whatever shall be given to the political or religious opinions or affiliations of applicants for such employment, and selections shall, so far as practicable, be confined to natives of the islands.

3. Every applicant employed shall be required to take the oath of allegiance prescribed in section 16 of the civil-service act, and any laborer who is found to be disloyal to the United States of America as the supreme authority in these islands shall be immediately discharged from the service.

4. Laborers who may hereafter be removed from the service by reason of a reduction in force, or otherwise, and whose work and conduct are satisfactory, shall be furnished discharge cards certifying to such fact, and upon presenting such cards shall be preferred in subsequent employment as vacancies occur.

5. On the first day of each month the head of each bureau or office shall notify the board of the number of semiskilled and unskilled laborers employed, giving the rates of compensation of each grade.

6. No person appointed or employed as a semiskilled or unskilled laborer shall be assigned to or perform the duties of any position in the classified service.

RULE XV.-Hours of labor.

1. It shall be the duty of all heads of bureaus or offices in the Philippine civil service, insular, provincial, and municipal (Manila), to require of all subordinate officers and employees, except teachers, of whatever grade or class, not less than six and one-half hours of labor each day, not including time for lunch and exclusive of Sundays and of days declared public holidays by law or executive order, except that on Saturdays throughout the year and during the heated term from the 1st of April to the 15th of June the head of any department, bureau, or office may reduce the required number of hours of labor on each day to not less than five hours, but this reduction shall not apply to the officers or employees of any bureau or office to whom an overtime wage is allowed and paid. When the required daily hours of labor exceed five, at least an additional half hour must be allowed daily for lunch. 2. When the nature of the duties to be performed or the interests of the public service require it, the head of any department, bureau, or office may extend the daily hours of labor herein specified for any or all of the employees under him, and in case of such extension it shall be without additional compensation, unless otherwise provided by law. Officers and employees may be required by the head of the bureau or office to work on Sundays and public holidays also, without additional compensation unless otherwise specifically authorized by law.

3. Each head of a bureau or office shall require a daily record of attendance of all the officers and employees under him entitled to leave of absence or vacation (including teachers) to be kept on Form No. 48, and also a systematic office record showing for each day all absences from duty from any cause whatever. At the beginning of each month he shall report to the board on Form No. 3 all absences from any cause whatever, including the exact amount of undertime of each person for each day. Officers or employees serving in the field or on the water shall not be required to keep a daily record on Form No. 48, but monthly report of absences on Form No. 3 must be made.

RULE XVI.-Leaves of absence.

1. Except judges, all regularly and permanently appointed officers and employees of the Philippine civil service, insular, provincial, and municipal (Manila), including teachers, may be granted leave of absence or vacation in accordance with the provisions of Act No. 1040.

2. (a) Applications for accrued leave of officers and employees must be made in writing two weeks in advance, wherever possible, of the date on which the leave is desired to become effective, on Form No. 39, to the head of the bureau or office for recommendation and transmission through the board to the proper officer authorized to exercise executive control as contemplated in Act No. 222. The first indorsement on said form must be completed by the head of the bureau or office.

(b) In case of the death of an officer or employee the head of the bureau or office shall transmit through the board application on Form No. 39 for accrued leave due, and application on form No. 55, supported by medical certificate on Form No. 41, for vacation leave covering absence on account of illness immediately preceding death. (c) When an officer or employee is separated from the civil service without prejudice, by resignation, death, or other cause, the money value of accrued leave granted, estimated in accordance with the provisions of Act No. 1040, may become immediately due and payable if the state of the appropriation from which his salary is payable warrants immediate payment. If the leave granted is commuted, payment therefor shall be made as provided by law; if the leave granted is not commuted, payment shall be made by the disbursing officer of the bureau or office from the unexpended balance for salaries and wages, and the position shall remain vacant for a period equal to the accrued leave granted.

(d) An officer or employee who applies for accrued leave which was earned at different rates of compensation shall be granted leave with pay at the salary he is last receiving for a period equaling in money value the period of accrued leave estimated