In the Philippine administrative landscape, the Personal Data Sheet (PDS) or Civil Service Form No. 212 is the foundational document for public service. Because it is a sworn statement, its validity hinges on a crucial legal formality: the administration of an oath by a person legally authorized to do so.
Falsification or misrepresentation in this document carries severe penalties, including administrative charges for Dishonesty or even criminal prosecution for Perjury.
I. The Legal Basis of the Oath
The requirement for the PDS to be sworn is rooted in the Administrative Code of 1987 (Executive Order No. 292) and various Civil Service Commission (CSC) memoranda. The oath transforms the PDS from a mere information sheet into a public document under the custody of the government.
Under Section 41 of the Administrative Code (as amended by Republic Act No. 6733), specific officers are vested with the general authority to administer oaths.
II. Who is Authorized to Administer the Oath?
The authority to notarize or attest to a PDS is not universal. It is generally divided into those with "General Authority" and those with "Specific/Ex-Officio Authority."
1. Officers with General Authority
These individuals can administer oaths on any document, including the PDS, by virtue of their office:
- Notaries Public: Private practitioners commissioned by the court.
- Members of the Judiciary: Justices and judges within their respective jurisdictions.
- Members of Congress: Senators and Members of the House of Representatives.
- Clerks of Court: Within their specific territorial jurisdictions.
- Executive Officials: The Secretary of the Senate, the Secretary General of the House, and Department Secretaries.
2. Public Officials with Ex-Officio Authority
Under Republic Act No. 6733, certain local and national officials have the authority to administer oaths "in connection with the performance of their official duties." This includes:
- Provincial Governors and Vice-Governors
- City and Municipal Mayors
- Punong Barangays (Barangay Chairpersons): Under the Local Government Code, they are authorized to administer oaths on matters within their jurisdiction, which includes the PDS of residents or appointees within their locality.
- Bureau Directors and Regional Directors: Authorized to administer oaths on documents related to their agency's functions.
III. The Specific Case of Government Agency Heads
In the context of the PDS, the Head of Agency or an authorized HR officer often administers the oath.
- Internal Administration: To streamline the recruitment process, many agencies designate specific high-ranking administrative officers to act as the administering officer for incoming employees' PDS.
- Requirement of Presence: The law is strict—the "affiant" (the person filling out the PDS) must personally appear before the officer, present a valid government ID, and sign the document in their presence.
IV. Legal Implications and Jurisprudence
The authority to administer the oath is not a mere "stamp." It has significant legal weight:
- Perjury: If an official administers an oath and the declarant lies, the declarant can be charged with Perjury under Article 183 of the Revised Penal Code.
- Administrative Liability: If a public official administers an oath without the affiant being physically present, the official may be held liable for Administrative Misconduct.
- Validity of Appointment: An unsworn PDS or one sworn before an unauthorized person can result in the disapproval of an appointment by the Civil Service Commission, as the document is technically incomplete or "void ab initio."
V. Summary of Required Formalities
When a public official administers the oath for a PDS, the following must be visible on the document:
- The Jurat: The statement "Subscribed and sworn to before me..."
- Date and Place: Where the oath was taken.
- Officer's Credentials: The name, position, and office of the administering official.
- Identification: Details of the affiant’s valid government-issued ID (e.g., Passport, Driver’s License, or PRC ID).
VI. Conclusion
The integrity of the Philippine Civil Service relies on the truthfulness of the PDS. By requiring that a person with legal authority—be it a Mayor, a Judge, or a Notary—witness the signature, the State ensures that the applicant is bound by the pains and penalties of law. Public officials must exercise this authority with diligence, ensuring that the solemnity of the oath is maintained to protect the sanctity of public records.