CHAPTER I

Problem and its Setting

A. Introduction
To save lives and protect properties this is the slogan of the Bureau of Fire
Protection in its commitment to serve the public. The Agency is mandated by the
Government to strictly uphold its new Vision and Mission statements, Vision : A
modern fire service fully capable of ensuring a fire safe nation by 2034 and Mission:
We commit to prevent and suppress destructive fires, investigate its causes;
enforce the Fire Code and other related laws; respond to man-made and natural
disasters and other emergencies.
In response to the ever changing socio-economic and political aspects of the
nation, the Bureau of Fire Protection is faced with challenge of improving its services
to the general public, decreased appropriation of funds by the government, aging
manpower, procurement of Fire Fighting equipment, and selection of competent
new members of the fire service . The modernization of the agency in terms of its
fire fighting capabilities merely depend on the donations coming from developed
countries. The funds coming from the government is focused more on the trainings
and salaries of its personnel.
The problem arises from limited number of personnel of the fire service. The
ideal ratio of Fire Fighter to the general population is 1 : 2000; 1 Fire Truck is to 7
Fire Personnel; 1 Fire Truck for every fire station and the ultimate goal of
establishing a Fire Station in every municipality in the country.
For the past 26 years, it has been a challenge for the Bureau of Fire Protection to
enhance its current set-up. The current trend of the agency is the exhaustion and
multiplicity of responsibilities of each member of the Bureau due to shortage or due
to the lack of competent, skillful and well-rounded applicants as well as existing fire
service men with very credible merits that fail to acquire the position. This
predicament of corruption and biased selection is true not only in the present set-up
of the Bureau of Fire Protection but to other agencies or instrumentalities as well.

B. Statement of the Problem

The corruption and nepotism due to the absence of specific rules/provisions
concerning the selection and promotion of applicants/employees of the Bureau of
Fire Protection in relation to EO 292 Chapter 5 Personnel Policies and Standards
amending Republic Act 2260.

Thesis Statement (Position)

This paper puts forward the following thesis: Corruption and Nepotism
in the regional level of an agency will never cease due to the silence of a
specific provision provided for by EO 292 amending RA 2260,or the absence

of an amendment on specific provisions in the RA 9514, Rules in Promotion

and Selection of Personnel of the Bureau of Fire Protection.

C. Significance of the Study

This study will enlighten the Filipino people with regards to the ongoing
improvement of the services provided for by the Bureau of Fire Protection. Its
challenge is rooted not in the deficiencies of its Fire Fighting capabilities like
state of the art fire fighting equipment and the number of advanced fire
trucks, but by the capacities and qualifications of newly acquired BFP
Personnel and the Morale of existing BFP Personnel who at their best
capacity, not promoted due to biases and corruption. The leniency and the
strict implementation of the provision in EO 292 will always be liberally
applied in favor of agencies with the striving culture of corruption.
In a nation were competition is already a norm, mediocracy will always
put you to a life not worth the sacrifices of the family whom it provides. The
so-called backer system is the current trend in society wherein the private
and mostly the public sectors are predominantly practicing. The employment
of new BFP applicants are always bombarded by issues concerning the
validity of its recruitment process. The reality wherein only relatives and
people who are financially able are being accepted in the process.
Likewise, the people already serving are being left out by the current
system that governs the very core that propels the entire agency, the human
resources. The morale and welfare of the people working in the agency rely
their very lives on the salaries provided therein by the government. The
promotion process helps the employees increase their ranks in the hierarchy
thereby also increase their salaries. However, the sad fact is that the
promotion board is the venue for possible corruption. It is not that the
promotion board is encouraging it, but the very susceptibility of such acts are
present due to the absence of rules / provisions governing the promotion. The
susceptibility of corruption and nepotism in the selection and promotion
process are due to the fact that strict implementation is absent and the its
process varies from time to time due to the changing composition of
promotion / selection board and the absence of specific laws governing
them.

D. Scope and Limitations of the Study

The study focus on the Laws and amendments concerning the
standards and policies of the employees of the Bureau of Fire Protection.
Likewise, the study also shares common concerns from other agencies
sharing the common issues surround corruption in selection and promotion

but is limited only to its provision as provided by EO292. Only commentaries

stated therein by legal professionals especially in the field of civil service are
provided in this study.

CHAPTER II
RELATED LITERATURE AND STUDY
I.

The Philippine Constitution

It is mandated from the Philippine Constitution of 1987 that the public
is a public trust.
Public office is a public trust. While perhaps belonging more
appropriately political speech rather than the fundamental law, this
hackneyed statement nonetheless does not lose any validity because of
its triteness. The framers of the Constitution probably believed, at the risk
of involving themselves in a clich, that there was a necessity to
perpetuate this public officers by the sovereign people. Presumably, they
wanted to underline the necessity for a return to the old concepts and
values of public office.1
1

Constitution, Art. XI

The Civil Service Commission

As the central personnel agency of the Government, shall establish a
career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and courtesy in the civil
service. It shall strengthen the merits and awards system, integrate all
human resources development programs for all levels and ranks, and
institutionalize a management climate conducive to public accountability
ARTICLE IX Constitutional Commissions, Section 3. This section in the
Constitutional Commissions section of the 1987 Constitution constitute
the responsibility of the civil service commission in upholding the integrity
and efficiency of the human resources of the different agencies of the
government. As the agency concerning the employees of the government,
it shall be responsible in the of the merits and selection process as wells
as the monitoring of all human resource sections of respective agencies.

II.

The Philippine Politics

In the arena of Philippine Politics, nepotism is nothing new. Unlike
corruption where government officials are induced of sums of money in
lieu of a government position, nepotism is a creeping problem in the
Philippine Government. It is a common accusation in politics when a
relative of a powerful figure ascends to similar power seemingly without
appropriate qualifications. Not only in government appointed position duly
given by the Civil Service Commission but most importantly on the
Political Arena.
Nepotism results to Political Dynasties that constraints other more
better employees to be productive one. This also results to corruption
because of self interest, under the table negotiations , illegal protection
of debt gratitude and other crimes leading to claims of conflict of
interest, favoritism and discrimination. The term Blood is thicker than
water is true but it doesnt mean it is always right. An ordinary employee,
trustworthy and deserve to be promoted suffers and choose to be silent
and not to speak out to avoid conflict within the company or office.

The thing is, where is the fairness? What is the essence of merit and
fitness if nepotism and corruption dominates in the government as well as
the productivity of the whole country.
If thats the name of the game, then whats the use of studying and
establishing your credibility and accomplishments. Everyone should have
the opportunity to make a better life for themselves, then everyone
should be equally be given the chance and choices
-

https://bpspolitics.wordpress.com/2006/12/07/blood-is-thicker-than-waternepotism-in-government/

III.

Senate Bills on Personnel Policies and Standards in Government Service

Senate Bill No. 1162 introduced by Senator Aquilino Pimintel as a proposal
to introduce an improved
Philippine Civil Service Code with the
explanatory note quoted:
This bill seeks to codify all laws and relevant issuances governing the
civil service into a single, comprehensive statute. The goal is to finally
have an ultimate legal authority on the Philippine Legal Civil Service
System.
The Civil Service traces its history to the ancient Middle Eastern River
civilizations and to China which established an effective and centralized
civil service. The Chinese civil service system gave the Chinese Empire
stability for over 2,000 years. It has served as a model for the civil service
systems in many countries, the Philippines included.

Over the years, the Philippine Civil Service evolved through the passage of
laws by Congress, Executive issuances and rules and regulations issued by
the Civil Service Commission. The last major piece of legislation dealing
with the Civil Service was Executive Order 292, the Administrative Code of
1987.
Sadly, the pieces of Iegislation governing the Philippine Civil Service
remain scattered in different laws, decrees, and letters of instructions and
executive orders. The absence of a comprehensive civil service law has
sometimes caused confusion amonp civil servants, to say the least. Many
laws overlap and some have become obsolete.
There is an urgent need to update and gather all civil service and related
laws to address the ever changing needs of the times.
Hence, this proposed Civil Service Code seek to address deeply rooted
problems besetting the public service such as graft and corruption, redtape, violations of government employee rights and the merit system,
among other things.

Senate Bill No. 2760 introduced by Senator Panfilo Lacson also as a

proposal to introduce an improved Philippine Civil Service Code with the
explanatory note quoted:
The Biggest employment in the agency in the country today is the
government or the so-called Philippine Bureaucracy. It is tasked with
managing the bureaucracy and the delivery of basic services to the
people. The bureaucracy has been in existence for over a hundred years,
but there is no integrated and comprehensive set of laws to govern its
personnel administration.
The Laws and regulations that govern the operation of the civil service
are practically scattered in various laws, decrees, letters of instructions,
executive orders and other administrative issuances. Yet in spite of the
proliferations of the legal issuances, there are still gaps in the law.
In light of the foregoing situation, there is therefore an urgent need to
update the civil service related laws with present legislation and with
current needs and realities; repeal, modify or amend provisions to address
the needs of the bureaucracy and enable it to perform its mandated
functions and codify laws and other issuances into one comprehensive
legislation to serve as reference on personnel matters.
The codification, therefore, of aforesaid policies and legislation is
timely and proper. This proposed Philippine Civil Service Code of 2010
seeks to address the deeply-rooted problems confronting the public
service, i.e., graft and corruption; bureaucratic red tape; violations of the
rights of the employees, specifically the rights to security of tenure and
the right to due process of law; violation of the merit and fitness

principles; partisan political activities; inadequate benefits and privileges

of employees; organization ineffectiveness and the unnecessary delays in
frontline services delivery.(1)

CHAPTER III
METHODOLOGY
The study employs descriptive data analysis to expose the contents of
selected bills that were passed in either House of the Congress or the Senate.
Statements from legislators and other government officials whether local or national
are quoted and expounded to compare their views regarding Personnel Policies and
Standards in Government Service. Several write-ups from different authors of
newspapers are included as they expound more of views of the matter.
In this study, provisions from an executive statute EO 292 are provided to
fully explain the context. Also, is the outline of the current practices in the Bureau of
Fire Protection concerning the Selection and Promotion process. This shows the
possible gaps or loopholes wherein the Human resources Officer with relation to the
Selection and Promotion board are susceptible to 3 rd party offers which constitute
acts of corruption and nepotism.

CHAPTER IV
ANALYSIS, PRESENTATION AND INTERPRETATION DATA
Analysis on Local Studies (Media Clippings)

Data presented below is taken from the Manila times showing the alledged
corruption of Officers Lateral promotion in the Bureau of Fire Protection.
To be promoted to an officers rank of Fire Inspector at the Bureau of Fire
Protection (BFP), one has to shell out at least P500,000, sources from the fire
agency bared on Monday. A group of three promotees can get a package deal of
P2 million, the sources added. This is true. Nobody will admit it but its true. This
has been happening for a long time, said a BFP officer who spoke on condition that
he will not be named.
The officer called up The Manila Times following the publication of an article
detailing an alleged fixing of the promotions system in the BFP to favor certain
fire personnel who applied for promotion to an officers rank. The source gave

credence to the revelations of BFP legal affairs chief Ernesto Pagdanganan, who
claimed that firemen are demoralized over the alleged malpractice in the agency.
This is an anomaly that is no longer a secret. The rules are bent or even tailored fit
for favored applicants for promotion to the detriment of hundreds, if not thousands
of BFP personal who dreams of climbing up the ladder. This affects the morale of
our personnel, the BFP official said. Pagdanganan alleged that former BFP director
Ariel Barayuga was behind the unlawful and anomalous promotion scheme that
violated Civil Service Commission rules and the Commission on Elections
(Coemelec) ban on promotions.
According to the Times source, Pagdanganan was right about these violations
because the newly-promoted BFP officers were officially taken in during the election
ban. On February 13, 2016, 455 applicants for lateral entry took the qualifying
examinations conducted by the BFP. Only 239 allegedly passed the examination.
Pagdanganan further alleged that on February 15, 2016, the 239 applicants
submitted themselves to the Physical Agility Test (PAT) and 235 passed the PAT. On
March 7, 2016, only 32 out of 235 were required to undergo the neuro-psychiatric
exam (NPE) and drug test. Of the 32 applicants, three from Region 3 failed the test.
The three applicants who failed applied for the positions of dentist, criminologist
and legal researcher.
Surprisingly, instead of recommending alternate applicants after disqualifying the
three, then BFP chief Director Ariel A. Barayuga appointed these three applicants as
Fire Inspectors despite failure to pass the NPE, Pagdanganan claimed. The Times
sent an inquiry to BFP Director Rodrigo Abrazaldo, who was the chair of the
promotions board during the time of Barayuga, but the official has yet to reply as of
press time.
But Pagdanganan quickly cleared Abrazaldo of involvement in the promotion
anomaly, saying that the official was at that time under duress and was simply
following the orders of Barayuga. Asked if he was aware of the so-called
promotion for sale at the BFP, Pagdanganan replied: Personally I havent heard of
any at that time. Maybe because of the belief that I was very close to General
Barayuga so no one approached me. From antedating certain documents to openly
violating the election ban, Pagdanganan may face sanctions even if he has already
retired from the service. The BFP legal chief maintained that the approved
promotions should be nullified.
In reality, the BFP will be paying for non-existent appointments being null and void.
We ask the public to help us expose this anomaly and maybe to seek rectification
from the new administration of President Rodrigo Duterte, Pagdanganan earlier
said. Meanwhile, the other Times source claimed one of the promoted officers, a
female, is very close to Barayuga. He did not elaborate.
-

http://www.manilatimes.net/got-cash-get-a-promotion/266359/

Data presented below also shows the alleged corruption in the selection process of
newly hired Fire Officers.

The Bureau of Fire Protection-Cordillera recently conducted a recruitment and promotion for nonofficers. In this connection, I would like to ask concerned government offices to investigate if there
are rules and regulations that were not followed in the recruitment as this is giving low morale to the
firefighters of this region.
First, applicants for Fire Officer 1 (FO1) and non-officers for promotion are obliged to pay P3,500. This
was done at the application area at the regional office. Such payment was for the neuro-psychiatric
exam anod medical tests conducted by a person from Quezon City hired by the BFP-CAR, because the
office
lacks
facilities
and
equipment.
There were more than 100 individuals who applied for these positions, but they were not issued a
receipt upon payment. Worst, they have entertained/accepted applicants for the rank of Senior Fire
Officer 3 even if there was no quota. An accredited government hospital should have conducted the
medical and physical tests because we were not sure if the persons who were hired by the BFP are
eligible or professionals. Are the officers at the regional office in cahoots with these people just for
money?
During the final interview, members of the panel were not complete. A member/representative from
the non-officer rank similar to a sergeant major should be present. Only a member from the
Department of the Interior and Local Government and five officers from the regional office were
present. The final interview was like a moro-moro because we all know that in the final analysis those
who
will
be
promoted
are
the
ones
endorsed
or
favored.
I am hoping this matter will reach or be looked upon by concerned authorities. Thank you very much.

http://www.baguiomidlandcourier.com.ph/mail.asp?
mode=archives/2013/august/8-25-2013/mail2.txt

The existing application process for the hiring of new fire officeers and the
promotion of existing fire personnel in Bureau of Fire Protection is outlined
as follows:

Posting
of
Vacancies

submission
of
standard
requirements

submission
of
requiremetns
unique
to
available
position

screening
of
applicants

written
examination

agility

test

neuropsychiatric
exam

drug

panel

test

interview

medical
and
dental
test

deliberation

The details of each process step, however, varies from time to time
and is dependent on the preference and biases of the existing
administration.
Analysis of the existing provisions was done and loopholes on its
implementations were identified. These loopholes pose problems of
corruption and biases when left unchecked and unaccounted for.

Analysis and Presentation

The researcher would like to present possible solutions after
analyzing the lack of existing specifics on the implementation of the hiring
and promotional process.
Postings serve very important roles in the process of hiring and
promotion. Awareness of the public regarding the hiring of new fire
officers will give them enough time to consider, gather resources and
complete the requirements for the hiring process. Proper posting starts
with proper dissemination of information to the posting personnel.
There must be a specific schedule within the year for this said
posting, or atleast assigned personnel to regularly inquire the human
resource department for the need of new fire officers. This must also
include a clear number of available positions or vacancies.
The same goes with the postings for promotion. Qualified officers
must also be given ample opportunity to apply for these said promotions.
This means that posting personnel must take immediate action as they
become aware of the need for new fire personnel or positions to be filled
through promotions. It must then be required that all fire stations,
regional offices, relevant public places, and even newspapers contain
these postings.
As the public and the present fire personnel become aware of these
hirings, it is also suggested that online applications be available for
intested parties. A minimum of 2 weeks should be given before the
deadline of submission of requirements. After the initial screening of the
applicants, posting of qualified applicants must again be done. Qualified
applicants must then verify if they intend to continue with the hiring
process. Those who express there interest will then be asked to proceed
to where scheduled written examinations will be given. It is also
suggested that written examination results for those who passed be
posted in public as well.

As for the agility test, the point system must also be available for
the publics view. This may be included to the initial advisory of hiring
and promotion opportunities. The researcher also suggests that medical,
dental and drug testing be done prior to the agility test. This will ensure
that applicants are in good physical condition as they take the agility test.
Also, this may ensure that no applicant is under the influence of drugs
that may affect the results of the agility test.
Results of the agility test must then posted and made available to
the public as well. This will increase the accountability and validity of the
examination procedures as well as its results. Applicants who pass the
above mentioned tests must then undergo neuro-psychiatric exams.
Results must then be posted as that from the written and agility tests.
Again, transparency of the administering body will reduce and prevent
corruption and biases within the process of hiring and promotion.
Finally, the deliberation of the applicants must be justifiable by
recorded votations of the members of the panel that must be available to
the public. These votations must be posted together with the final list of
accepted applicants and promoted officers.

Executive Order 292 Chapter 5 Personnel Policies and Standards, generally

includes the law for government agencies hiring and promotional policies. The said
order, however, does not specifically provides the necessary details of the hiring
and promotional process. As mentioned herewith, the present agency such as the
Bureau of Fire Protection, has the freedom to implement there own procedures.

Executive Order 292

Personnel Policies and Standards Chapter 5
SECTION 21. Recruitment and Selection of Employees.(1) Opportunity for
government employment shall be open to all qualified citizens and positive efforts
shall be exerted to attract the best qualified to enter the service. Employees shall
be selected on the basis of fitness to perform the duties and assume the
responsibilities of the positions.
(2) When a vacancy occurs in a position in the first level of the Career Service as
defined in Section 8, the employees in the department who occupy the next lower
positions in the occupational group under which the vacant position is classified,
and in other functionally related occupational groups and who are competent,

qualified and with the appropriate civil service eligibility shall be considered for
promotion.
(3) When a vacancy occurs in a position in the second level of the Career Service as
defined in Section 8, the employees in the government service who occupy the next
lower positions in the occupational group under which the vacant position is
classified and in other functionally related occupational groups and who are
competent, qualified and with the appropriate civil service eligibility shall be
considered for promotion.
(4) For purposes of this Section, each department or agency shall evolve its own
screening process, which may include tests of fitness, in accordance with standards
and guidelines set by the Commission. Promotion boards shall be formed to
formulate criteria for evaluation, conduct tests or interviews, and make systematic
assessment of training experience.
(5) If the vacancy is not filled by promotion as provided herein the same shall be
filled by transfer of present employees in the government service, by
reinstatement, by re-employment of persons separated through reduction in force,
or by appointment of persons with the civil service eligibility appropriate to the
positions.
(6) A qualified next-in-rank employee shall have the right to appeal initially to the
Secretaries or heads of agencies or instrumentalities including government-owned
or controlled corporations with original charters, then to the Merit System
Protection Board, and finally to the Civil Service Commission an appointment made
in favor of another employee if the appellant is not satisfied with the written special
reason or reasons given by the appointing authority for such appointment;
Provided, however, that the decision of the Civil Service Commission may be
reviewed on certiorari only by the Supreme Court within thirty (30) days from
receipt of the decision of the aggrieved party. For purposes of this Section,
qualified next-in-rank refers to an employee appointed on a permanent basis to a
position previously determined to be next-in-rank and who meets the requirements
for appointment thereto as previously determined by the appointing authority and
approved by the Commission.
(7) Qualification in an appropriate examination shall be required for appointment to
positions in the first and second levels in the career service in accordance with the
Civil Service rules, except as otherwise provided in this Title: Provided, That
whenever there is a civil service eligible actually available for appointment, no
person who is not such an eligible shall be appointed even in a temporary capacity
to any vacant position in the career service in the government or in any
government-owned or controlled corporation with original charter, except when the
immediate filling of the vacancy is urgently required in the public interest, or when
the vacancy is not permanent, in which cases temporary appointments of noneligibles may be made in the absence of eligibles actually and immediately
available.

(8) The appropriate examinations herein referred to shall be those given by the
Commission and the different agencies: Provided, however, That nothing herein
shall affect those eligibilities acquired prior to the effectivity of the Civil Service
Law: Provided, further, That a person with a civil service eligibility acquired by
successfully passing an examination shall be qualified for a position requiring a
lower eligibility if he possesses the other requirements for appointment to such
position.
SECTION 22. Qualification Standards.(1) A qualification standard expresses the
minimum requirements for a class of positions in terms of education, training and
experience, civil service eligibility, physical fitness, and other qualities required for
successful performance. The degree of qualifications of an officer or employee shall
be determined by the appointing authority on the basis of the qualification standard
for the particular position.
Qualification standards shall be used as basis for civil service examinations for
positions in the career service, as guides in appointment and other personnel
actions, in the adjudication of protested appointments, in determining training
needs, and as aid in the inspection and audit of the agencies personnel work
programs.
It shall be administered in such manner as to continually provide incentives to
officers and employees towards professional growth and foster the career system in
the government service.
(2) The establishment, administration and maintenance of qualification standards
shall be the responsibility of the department or agency, with the assistance and
approval of the Civil Service Commission and in consultation with the Wage and
Position Classification Office.
SECTION 23. Release of Examination Results.The results of any particular civil
service examination held in a number of places on the same date shall be released
simultaneously.
SECTION 24. Register of Eligibles.The names of the competitors who pass an
examination shall be entered in a register of eligibles arranged in the order of their
general ratings and containing such information as the Commission may deem
necessary.
SECTION 25. Cultural Communities.In line with the national policy to facilitate the
integration of the members of cultural communities and accelerate the
development of the areas occupied by them, the Commission shall give special civil
service examinations to qualify them for appointment in the civil service.
SECTION 26. Personnel Actions.All appointments in the career service shall be
made only according to merit and fitness, to be determined as far as practicable by
competitive examinations. A non-eligible shall not be appointed to any position in
the civil service whenever there is a civil service eligible actually available for and
ready to accept appointment.

As used in this Title, any action denoting the movement or progress of personnel in
the civil service shall be known as personnel action. Such action shall include
appointment through certification, promotion, transfer, reinstatement, reemployment, detail, reassignment, demotion, and separation. All personnel actions
shall be in accordance with such rules, standards, and regulations as may be
promulgated by the Commission.
(1) Appointment through certification.An appointment through certification to a
position in the civil service, except as herein otherwise provided, shall be issued to
a person who has been selected from a list of qualified persons certified by the
Commission from an appropriate register of eligibles, and who meets all the other
requirements of the position.
All such persons must serve a probationary period of six months following their
original appointment and shall undergo a thorough character investigation in order
to acquire permanent civil service status. A probationer may be dropped from the
service for unsatisfactory conduct or want of capacity any time before the
expiration of the probationary period: Provided, That such action is appealable to
the Commission.
(2) Promotion.A promotion is a movement from one position to another with an
increase in duties and responsibilities as authorized by law and usually
accompanied by an increase in pay. The movement may be from one department or
agency to another or from one organizational unit to another in the same
department or agency.

CONCLUSION:

There will always be a need for system, procedural, and implementation

improvements in the different government agencies of our nation. The most
important changes that we need to attend to are those that will directly affect the
security and safety of the Filipinos. This, of course, includes the Bureau of Fire
Protection. This agency that operates with dependency on the reliability and skills of
its staff must continuously evolve for the better. The manner of hiring of new Fire
Officers, an promotion of existing ones, will determine the quality of services offered
by the Bureau.