ra 9416 report

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  • 7/28/2019 Ra 9416 Report

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    Public office is a public trust.

    Public officers and employees must at all

    times be accountable to the people, servethem with utmost responsibility, integrityand loyalty, and efficiency,

    act with the patriotism and justice and lead

    modest lives.

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    AN ACT DECLARING AS UNLAWFUL ANY FORMOF : CHEATING IN CIVIL SERVICE EXAMINATIONS; UNAUTHORIZED USE AND POSSESSION OFCIVIL SERVICE COMMISSION (CSC)EXAMINATION-RELATED MATERIALS; AND

    GRANTING THE CSC EXCLUSIVE JURISDICTIONOVER THESE CASES INCLUDING THOSECOMMITTED BY PRIVATE INDIVIDUALS

    Examination

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    Public office is a public trust. As such, it ishereby declared the policy of the State toensure that honesty, integrity and the meritand fitness principle be always the measure

    of entry into the public service. Thus, all forms of cheating in civil service

    examinations including those committed byprivate individuals shall be immediately and

    effectively addressed. The public service should not be a haven for

    misfits and cheats."

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    The Civil ServiceCommission (CSC) as thecentral personnel agencyof the government shall

    exercise exclusivejurisdiction to investigateand decide over thesecases. This jurisdictionshall cover governmentemployees as well asprivate individuals.

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    (a) Civil Service Examination (b) Cheating

    (c) Cheats

    (d) Examination-related material (e) Private Individuals

    (f) Review Center

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    (a) When in a particular examination roomregisters usually high percentage of passing;

    (b) When there is an identified pair or there arepairs of examinees that have high clustering

    of responses or where there are high answersimilarities in both correct and incorrectanswers of paired examinees; and

    (c) When there is wide discrepancy in anexaminees performance between his/hercurrent and precious test results.

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    If there is a clustering of responses (either right orwrong) of at least:

    - 50% of the passers in the same room in at least 90% ofthe total number of scored items.

    - 90% of the passers in the same room in at least 50% ofthe total number of scored items.

    - 50% of the passers in the same room in less than 90%

    of the total number of scored items but the standarddeviation (SD) of the room is at least 50% lower thanthat of the testing center.

    The existence of identified pair or pairs of passersseated closed to each other with lopsided clustering of

    incorrect responses in at least 30% of the total numberof scored items.

    The existence of identified pair of pairs of passers withlopsided clustering of correct and incorrect responsesin at least 75% of the total number of scored items

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    The unauthorized possession ofand/or unauthorized use,reproduction and/ordissemination in any form of

    examination materials, in wholeor in part, by an individual, eitherprivate or government employee,group or review center, from anunauthorized source, shall beconsidered an act of cheating andpunishable under this act.

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    1. Exclusive jurisdiction over administrative cases involving

    examination irregularities2. Investigate and prosecute on its own or on complaint by any

    person, any examination irregularity cases that may becommitted by private individuals, groups or review centers.

    3. Request any government agency for assistance andinformation necessary in the discharge of its responsibilities

    under this act.4. Issue subpoena and subpoena duces tecum for production

    of documents and records pertinent to its investigationinquiries.

    5. Punish for contempt any official, employees, or privateindividual who refuses without any valid cause to extend

    assistance and information necessary in the discharge of itsresponsibilities under this act6. Take the primary role in continuously reviewing

    examinations systems and procedures to ensure that theintegrity of such examinations is not compromised.

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    Immunity from prosecution may be grantedby the CSC to any person upon whosetestimony rests the prosecution and/orconviction of other individual/s or groups

    perpetrating examination irregularities.

    Those granted immunity shall be exempted fromadministrative and criminal prosecution.

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    Upon conviction suffer the penalty of imprisonment of not

    less that six years and one day but not more thantwelve (12) years and a fine of not less than Fiftythousand pesos (P50,000.00)

    Government employee- dismissal from service,forfeiture of government benefits, cancellation of

    eligibility, bar from taking any government examinationand perpetual disqualification from reentering thegovernment service

    Nongovernment employee- penalties of disqualificationfrom taking any government examination and from

    entering the government service An employee, owner or member of the Board of

    Directors of a review center. He shall likewise penalizedas provided in this Act and the license/permit tooperate as a review centers shall likewise be revoked.

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    Any person found ADMINISTRATIVELY LIABLEshall be imposed the following penalties: For onewho is in the government service, dismissal fromthe service including all the accessory penaltiesof cancellation of eligibility, forfeiture ofretirement benefits, bar from taking any civilservice examination, and perpetualdisqualification from re-entering the governmentservice; and For a private individual, perpetual

    bar from entering the government service, andperpetual bar from taking any governmentexamination.

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    Any person found CRIMINALLY LIABLE shall beimposed the following penalties:Imprisonment of not less than six years andone day but not more than 12 years; Fine of

    not less than Fifty Thousand Pesos(P50,000.00); and the appropriate accessorypenalties.

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    Any person found administratively liableunder any of the acts mentioned above,shall be liable for serious dishonesty andgrave misconduct and shall be dismissedfrom the service with all accessory penaltiesfor government employees. Nongovernmentemployees found administratively liable

    shall be perpetually barred from enteringgovernment service and from taking anygovernment examination

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    The Civil Service Commission shall promulgatethe rules and regulation necessary to carryout the provisions of this Act.

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    All laws, presidential decrees, letter ofinstruction, executive orders, rules andregulations insofar as they are inconsistentwith this Act are hereby repealed oramended as the case may be.

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    This Act shall take effect fifteen (15) daysafter its publication in the Official Gazetteor in a newspaper of general circulation.

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    The medical graduates of one university whoperfect the OB and Biochemistry exam duringthe February 2003 Medical Board Exams was

    prohibited TO TAKE OATH & BARRED BY THESUPREME COURT TO PRACTICE THEPROFESSION. SC said it is immoral & deceit tocheat in the Board Exam they petition the SC,

    In an event they are allowed to retake theyare not allowed to be RANKED in thetopnochers list.

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    Cheaters do get arrested.

    This was the hard lesson learned by a 29-year old man who was arrested by the police after presenting a fake Certificate of Eligibility(COE) last June 19 at the Civil Service Commission (CSC) Central Office in Quezon City.

    The suspect, Hunsel R. Ubias, a resident of Sampaloc, Manila, went to the CSC to request for authentication of his COE, which heallegedly obtained from passing the career service professional examination held at the CSC Central Office on June 1, 2012 with a ratingof 80.00 percent.

    The COE is a security document issued by the CSC to a person who has been granted career service eligibility by the Commission and,thus, whose name is included in the register of eligibles. Eligibil ity is one of the minimum requirements for permanent appointment togovernment service.

    Upon verification of examination records, the CSC discovered that the COE presented by Ubias is fake since there is no record of a careerservice professional examination conducted on the said date and location.

    The suspect was escorted to the CSCs Office for Legal Affairs, which further inspected the COE presented by Ubias and found that

    several features of the document were inconsistent with those of a real COE.The suspect later voluntarily disclosed to OLA that his COE was made in Recto, referring to C.M. Recto Avenue, Manila, wherecounterfeit diplomas, certificates, and professional licenses are known to be illegally traded. Ubias was brought to Station 6 of QuezonCity Police District where he is currently detained and awaiting trial for violation of Republic Act No. 9416.

    CSC Chairman Francisco T. Duque II I condemned Ubias act and stressed that entrance to government service should only be based onmerit and fitness. For the past decades, we have instituted stringent measures to protect the integrity of the CSC exams. The publicdeserves a bureaucracy composed of competent and honest workers, not of misfits and cheats.

    He added that hundreds of government workers have been dismissed from the service after being found in possession of fake eligibilityand spurious school credentials.

    RA 9416, signed into law on March 25, 2007, declares unlawful and penalizes any form of cheating in civil service examinations,including unauthorized use and possession of CSC examination-related materials, impersonation, use of codigo or crib sheet, andpossession and use of fake COE.

    Any person convicted of violation of RA 9416 shall be penalized with a minimum jail time of six years and one day to a maximum of 12years, a fine of not less than P50,000 and accessory penalties.

    Accessory penalties for an offender who is a government employee include dismissal from the service, forfeiture of retirement benefits,cancellation of eligibility, bar from taking any civil service examination, and perpetual disqualification from reentering governmentservice.

    If the offender is a private individual, he/she shall be perpetually barred from entering the government service and from taking any civilservice examination.