2017 RACCS Resolution 17-01077
2017 RACCS Resolution 17-01077
2017 RACCS Resolution 17-01077
7
rN THE CIVIL SERVICE (2017 RACCS)
x_________-___ ------------------x Promurgat.o, 03 JUL 2017
RESOLUTION
pursuant to Section 6, Article IX-A of the 1987 Constitution, the Civil Service
and practice before
Commissio n en banc may promulgate its own rules concerning pleadings
it or before any of its oftfiies. Such rules, however. shall not diminish, increase, or
modify
(2), Chapter 3, Title I, Subtitle (A), Book V of the
substantive rights. Likewise, Section 12
Administrative Code of 1987 (Executive Order No.292) empowers the Civil Service
to
Commission, among others, to prescribe, amend and enforce rules and regulations
pertinent laws
effectively cany intJeffectthe provisions of the Civil Service Law and other
which include the procedure in administrative cases in the Civil Service'
NOW, THEREFORE, the Commission hereby adopts and promulgates the following
cases in the
rules concerning disciplinary and non-disciplinary proceedings in administrative
Civil Service.
GENERAL PROVISIONS
Rule I
APPLICABILITY AND CONSTRUCTION
Section l. Title. These Rules shall be known and cited as the 2017 Rules
on
Section Z. Coverage. These Rules shall apply to all disciplinary and non-d_isciplinary
(CSC) and its
administrative cases o1. r-utt"r, brought befbre the Civil Service Commission
units' state
regional/field offices, agencies of the national government, local government
universities and colleget (SUCt) or local univ rsities and colleges
(LUCs), and gwernment-
may be provided by law'
owned or controlled clorporations with original charters except as
not be in
Unless otherwise Provided bY law, rules fbrmulated by the agencies shall
conflict with these Rules.
Certlf,od,Firuo do Fyl
SEYMOTJ A.'ARES
Chief ler l pecialist
Qqrnrnisgies Secretlria & Licison OffiCr"'
Bawat Kawani, l-ingkod BaYani
gCSC Buildlng, IBP Road, Constitutlon Hllls, 1126 Quezon Clty ffi 931-7935/931-7939/931-8092 [email protected]'ph (lwww.csc.gov.ph
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c. BACK WAGES refers to the compensation and other benefits that should have been
earned but were not collected because of the illegal dismissal/separation or suspension
following the principle that an illegally dismissed government employee who is later
reinstated is entitledto all the rights and privileges that accrue by virtue of the office
held.
d. CIVL SERVICE is the generic term which refers to all officials and employees in all
branches, subdivisions, instrumentalities and agencies of the Government, including
government-owned or controlled corporations with original chafters.
e. CIVIL SERVICE COMMISSION FIELD OFFICES (CSC FOs) refer to the Civil
Service Commission Field Offices under the direct supervision of the Civil Service
Commission Regional Office, each headed by a Field Director'
Ccrtlfled
SEYMOU I, PAJARES
Chief Pe l Slccialist
Commission Secre at & Liaison ()ffice
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k. EMPLOYEE refers to a person who works for an agency and occupies a position in
either the first and second level whose functions are not managerial in nature.
l. EX-PARTE refers to the act or manner of conducting a proceeding where only one
party is present without representation from or to other parties'
m. FIXER refers to any individual whether or not officially involved in the operation of a
government office or agency who has access to people working therein, and whether
or not in collusion wlth ihem, facilitates speedy completion of transactions for
pecuniary gain or any other advantage or consideration.
the movement
p. HUMAN RESOURCE (HR) 'and ACTION refers to any action denoting
or progress of officials employees in the civil service which shall include
appointment, promotion, transfer, reappointment, reinstatement, reemployment,
reclassification, detail, designation, reassignment, secondment, demotion and
separation from the service'
q. MOTU pROpRIO refers to an action taken by the disciplining authority on its own
initiative.
Certlllcd Cogyr
SEYMOU JARES
Chief
Commission Liaison office
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a
QUALIFIED NEXT-IN-RANK refers to an employee appointed on
y. permanent
' basis to a position previously determined to be a next-in-rank to the vacancy
and who
meets the requirements foi appointment thereto as previously determined by the
appointing authority and approved by the Commission'
(Corglned CrpY,
SEYMOU ARES
Chief ialist
ison Officc
Commission
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bb. SHOW-CAUSE ORDER refers to the written document requiring a person to explain,
or justify before the disciplining authority or its duly authorized representative within
a given period why no disciplinary action shall be taken against him/her.
Rule 2
JURISDICTION AND VENTJE OF ACTIONS
Section 7. Cases Cognizable by the Commission. The Civil Service Commission shall
take cognizance of the following cases:
A. Disciplinary
For this purpose, CSC ROs shall conduct the investigation and submit
report and recommendation to the Commission in cases involving their
own appointed officials and employees. Complaints against CO officials
and employees shall be brought before the Commission through the
Office for Legal Affairs (OLA) unless the Commission directs otherwise.
Ccrtlficd Tluc
SEYMOU
Chief
Commission
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B. Non-Disciplinary
A. Disciplinary
l. cases initiated by, or brought before, the cSC ROs provided that the
allesed acts or omissions were committed within the jurisdiction of the
SEYMOU P ARES
s
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B. Non-DisciPlinarY
DISCPLINARY CASES
Rule 3
COMPLAINT
Section 10. lVho May Initiate. Administrative proceedings may be initiated by the
disciplining authority motu proprio or upon complaint of any other person.
c6p
SEYMO JARES
Chief
Commission aison OffiC
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The complaint shall be written in a clear, simple and concise language and in a
systematic manner as to apprise the person complained of, of the nature and cause
of the
accusation and to enable the person complained of to intelligently prepare a defense or
answer/comment. Should there be more than one person complained of, the complainant
is
b. full na6e and address of the person complained of as well as his/her position and
office;
c. a narration of the relevant and material facts which shows the acts or omissions
allegedly committed;
The absence of any of the aforementioned requirements may cause the dismissal of the
complaint without prejudice to its refiling upon compliance with the same.
Section 13. lVhen und Where to Fite a Complainl. Except when otherwise provided
for by law, an administrative cornplaint may be filed anytime with the Commission or any of
its regional offices, heads of depaftments, agencies, national government, local.government
units,-state universities and colleges (SUCs) or local universities and colleges (LUCs), and
government-owned or controlled corporations with original chafters except as may be provided
by law.
Trtir Qapy:
SEYM AJARES
Chief
Commission Liaison Office
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The agency may fonnulate its own rules governing the term of office of its members
which should not be more than two years, and other matters pertaining to the functions of the
Committee not otherwise provided in these Rules.
The head of office who fails to create a CODI shall be charged with Neglect of Duty.
Section 15. Jurisdiction of the CSC over Sexual Harassment Cases. In case a
complaint for sexual harassment is filed with the Commission, the same shall be remanded to
the agency where the alleged offender is employed. However, the Commission may take
cognizance of the case under any of the following circumstances:
d. there is unreasonable delay in complying with the periods provided in these Rules
for the investigation and adjudication of a sexual harassment complaint.
For this purpose, there is unreasonable delay when any of the periods set in these Rules
lapsed for a period of more than thirty (30) days without justifiable reason.
Section 16.l{ithdrawal of the Comptaint. The withdrawal of the complaint does not
result in its outright disrnissal or discharge of the person complained of from any administrative
liability.
Section 17. Action on the Complaint. Upon receipt of a complaint which is sufficient
in form and substance, the disciplining authority shall conduct a preliminary investigation to
determine the existence of a prima facie case. The disciplining authority may create an
investigating committee or designate an investigator for such purpose.
C
Certlftcd tvuctepYr
SEYMO ARES
Chief
Commission & Liaison Offiee
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In sexual harassment cases, the CODI shall perform the following functions:
4. Lead in the conduct of discussions about sexual harassment within the agency
or institution to increase understanding and prevent incidents of sexual
harassment;
Localized CODI established in the regional or field offices, as the case may be, of the
agency or institution shall have the same functions as stated above and shall submit the report
of investigation with its recommendation directly to the disciplining authority.
The agency shall adopt mechanisms to provide assistance to the alleged victim of sexual
harassment which may include counselling, referral to an agency offering professional help,
and advice on options available before the filing of the complaint.
Rule 4
PRELIMINARY INVESTIGATION
Section 19. How contlucted Preliminary investigation may be conducted in any ofthe
following manner: a) requiring the submission of counter affidavit or comment and/or other
documents from the person complained of within five (5) days from receipt of the complaint
which is sufficient in form and substance; b) ex-parte evaluation of the records; or c)
clarificatory meeting with the parties to discuss the merits of the case.
The right to counsel may be exercised even during the prelirninary investigation.
Cerulftrd-Tluo Gopy:
SEYMO ARES
Chief
/'ommission & Liaison OffiC
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For cases filed before the Commission or any of its Regional Offices, the preliminary
investigation may be entrusted to lawyers of other agencies pursuant to Section I 13 of these
Rules.
Section 21. Investigation Report. Within five (5) days from the termination of the
preliminary investigation, the investigating officer/body shall submit the lnvestigation Report
with recommendation and the complete records of the case to the disciplining authority.
Rule 5
FORMAL CHARGE/NOTICE OF CHARGE
Section 23. Issuance of Formal Charge; Contents. After a finding of a prima facie
case, the disciplining authority shall formally charge the person complained ol who shall
now
be called us *rpond"nt. The formal charge shall contain a specification of charge, a brief
statement of material or relevant facts, which may be accompanied by certified true copies of
the documentary evidence, sworn statements covering the testimony of witnesses, a directive
to answer the charge in writing, under oath in not less than three (3) days but not more than ten
(10) days from reciipt thereof, an advice for the respondent to indicate in the answer whether
or not a formal investigation is demanded, and a notice that respondent may opt to be assisted
by a counsel.
Section 24. No/ice of Charge. In instances where the complaint was initiated by a
person other than the disciplining authority, the disciplining authority may issue a written
notice of the charge against the person complained of who will now be called respondent, to
which shall be attached copies of the complaint, sworn statement and other documents
submitted. The notice shall contain the charge against the respondent with a statement that a
primafacie case exists. It shatl also include a directive to answer the charge in writing' under
oath in not less than three (3) days but not more than ten (10) days from receipt thereof, and a
Coatn.d
SEYMO ARES
Chief
Commission Liaison OffiC
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notice that he/she may opt to be assisted by a counsel of hisiher choice and may elect to have
a formal investigation.
Section 25. Prohibited Pleadings. The disciplining authority shall not entertain
requests for clarification, bills of particulars, motions to dismiss, motions to quash, motions
foireconsideration and motion for extension of time to file answer. The same shall be noted
without action and attached to the records of the case.
Rule 6
ANSWER
Section 26. Requisites ancl Contents. The answer, which is in writing and under oath,
shall be specific and shall contain material facts and applicable laws, if any, including original
or certified copies of documentary evidence, sworn statements covering testimonies of
witnesses, if there be any, in support of one's case.
When the disciplining authority determines that the answer is satisfactory, the case shall
be dismissed. Otherwise, the investigation shall proceed.
Section 27. Fuiture to Fite an Answer. If respondent fails or refuses to file an answer
to the formal charge or notice of charge within the given period, he/she shall be considered to
have waived his/her right to submit the same and the case shall be decided based on available
records.
Rule 7
PREVENTIVE SUSPENSION
Section 29.llhen Issued; Grounds. The proper disciplining authority, upon motion or
motu proprio, may issue an order of preventive suspension against the respondent upon
issuance of tn. formal charge or notice of charge, or immediately thereafter, if:
SEYMO
Chief
Commission & Liaison Offic
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l. Dishonesty;
2. Oppression;
3. Grave Misconduct;
6. An administrative offense committed on its second or third instance and the penalty
is dismissal from the service; and
In order for a preventive suspension order to be valid, any of the conditions in Items A
and B must be present.
Provided finally that if the respondent is placed under preventive suspension in another
case, the duration of ihe second preventive suspension shall simultaneously run with the first
TEE. (]spya
SEYMO ARES
Chief
Commission Secreti,riat & Liaison Office
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preventive suspension without prejudice to the service of the remaining period of the second
preventive suspension.
Section 32. Remedies from the Order of Preventive Suspension. The respondent may
file an appeal to the Commission within fifteen (15) days from receipt of the preventive
suspension order. Pending appeal, the order shall be executory. A motion for reconsideration
from the order of preventive suspension shall not be allowed. In case such motion is filed, the
same shall be noted without action and attached to the records of the case and shall not stay
the execution of the said order nor shall have the effect of stopping the running of the
reglementary period to appeal.
If the preventive suspension is imposed by the Civil Service Commission, the same is
executory unless a Temporary Restraining Order is issued by the Court of Appeals or the
Supreme Court.
Section 33. Payment of Back llages During Preventive Suspension The payment of
back wages during the period of suspension shall be governed by the following:
The phrase "void on its face" in relation to a preventive suspension order, imports any
of the followins circumstances:
ii. The order was not premised on any of the conditions under
Section 29;
iv. While the order is lawful in the sense that it is based on the
enumerated grounds, but the duration of the imposed preventive
suspension has exceeded the prescribed periods, the payment of
back wages shall correspond to the excess period only.
Ce r'tltlod
SEYMO ARES
Chief
Commission
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The term "exoneration" contemplates a finding of not guilty for the offenseis charged.
Downgrading of the charge to a lesser offense shall not be construed as "exoneration" within
the contemplation of these Rules.
Even if the respondents be eventually found innocent of the charge against them, the
same shall not give rise to payment of back wages corresponding to the period of preventive
suspension in the absence of any finding of its illegality'
Rule 8
FORMAL INVESTIGATION
For this purpose, the Commission may entrust the formal investigation to lawyers of
other agencies pursuant to Section I I 3 ofthese Rules'
a. Stipulation of facts;
SEYMO ARES
Chief
Commission & Liaison Offic
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g. Such other matters as may aid in the prompt and just resolution of the
case.
The agreement entered into during the pre-hearing conference shall be embodied in a
pre-hearing order and is binding on both parlies unless in the interest of justice, the hearing
officer may allow a deviation from the same. The parties may file their respective pre-hearing
briefs, copy furnished the adverse party, before the date ofthe pre-hearing conference.
The conduct of pre-hearing conference is mandatory. The failure of any party to attend
the pre-hearing conference may cause the submission of the case for decision based on
available records upon appropriate motion of the present party.
The designated prosecutor or the hearing officer who fails to appear, without justifiable
reason, at the pre-hearing conference may be liable for Neglect of Duty.
Each party may be granted one (l) postponement upon oral or written request.
Section 38. Preliminary Matters. At the start of the hearing, the hearing officer shall
note the appearances ofthe parties.
If, after being apprised of the right to counsel, respondents appear without the aid of a
counsel, they shall be deemed to have waived the right thereto.
Before taking the testimony, the hearing officer shall place the witness under oath and
then take the name, address, civil status, age, and complete name and address of employment.
A sworn statement ofthe witness properly identified and affirmed shall constitute direct
testimony, copy furnished the other party.
The use of Judicial Affidavit may also be adopted in place of the directtestimonies of
witnesses. The adoption of the Judioial Affidavit Rule is without prejudice to clarificatory
questions that may be asked during the hearing.
Tr'5. sFy:
ARES
& Liaison OffiCe
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Section 39. Appearance of Counsel. Any counsel who is a member of the lntegrated
Bar of the philippinei itne; upp.uring before any hearing or investigation shall manifest orally
or in writing, hisThe. appearance, stating his/her full name and complete address, which should
not be a P.O. box address, where he/she can be served with notices and other pleadings,
Professionat Tax Receipt (PTR) number, attorney's roll number, Mandatory Continuing Legal
Education (MCLE) compliance cerlificate and IBP dues receipt number. A lawyer/counsel
who works for the government is required to present an Authority to Practice Profession from
his/her agency head or the agency head's authorized representative.
Section 40. Order of Hearing. Unless the hearing officer directs otherwise, the order
of hearing may be as follows:
When the presentation of the witnesses has been concluded, the parties shall formally
offer their evidence either orally or in writing and thereafter objections thereto may also be
made either orally or in writing. After which, both parties may be given time to submit their
respective memorandurn which in no case shall be beyond five (5) days after the termination
of itre investigation. Failure to submit the same within the given period shall be considered a
waiver thereof.
Section 41. Objections. All objections raised during the hearing shall be resolved by
the hearing officer. However, objections that cannot be ruled upon by the hearing fficer shall
be noted *itt'r tir. information that the same shall be included in the memorandum of the
concerned party to be ruled upon by the proper disciplining authority.
The hearing officer shall admit all evidence formally offered subject to the objection/s
interposed against its admission.
Section 42. Markings. All docurnentary evidence or exhibits shall be properly marked
by letters (A,B,C, etc.) if presented by the prosecution and by numbers (1.2,3, etc.) if presented
by the respondent. These shall form part of the complete records'
Section 43. Issuance of Subpoenu. The hearing officer may issue subpoena ad
testificandunz to compel the attendance of witnesses and subpoena duces tecuru for the
production of documents or things.
l?rrilirrt'Arrr y$fr
SEYMO AJAR.ES
Chief Specialist
uommtssron & Liaison Office
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If a party desires the attendance of a witness and/or the production of doculrents, he/she
shall make a request for the issuance of the necessary subpoena ad lestifcandum andlor
subpoena duces tecum. at least seven (7) days before the scheduled hearing.
Section 44. Record of Proceedings. Records of the proceedings during the formal
investigation may be taken in shorthand or stenotype or any other nteans of recording.
Section 45. Filing of Pteadings. All pleadings filed by the parties shall be copy
furnished the other party with proof of service. Failure in this regard shalljustify non-receipt
or non-action on the pleading. Any pleadings sent by registered mail or private courier service
shall be deemed filed on the date stamped on the envelope or courier pack which shall be
attachedtothe records of the case, and in case of personal delivery, the date starnped thereon.
For this purpose, a pending administrative case shall be construed as such when the
disciplining authority has issued a formalcharge or a notice of charge to the respondent.
The release of the retirement benefits of a person with pendingcase shall be govemed
by Republic Act No. 10154 otherwise known as "An Act Requiring All Concerned
Government Agencies to Ensure the Early Release of the Retirement Pay, Pensions, Gratuities
and Other Benefits of Retiring Government Employees" and its implementing rules.s
Section 47. Formal Investigation Report. Within fifteen (15) days after the conclusion
of the formal investigation, a report containing a narration of the material facts established
duringthe investigation, the findings and the evidence supporting said findings, as well asthe
recommendations, shall be submitted by the hearing officer to the disciplining authority. The
complete records of the case shall be attached to the repoft of investigation which shall be
treated with confidentiality.
3
CSC Resolution No. 1302242 plomulgated on October 1.2013 Re: Amendments to the Implementing Rules
and Regulations of Republic Act No. 10,|54, Otherwise Known as an Act Requiring All Concerned Government
Agencies to Ensure the Earl1, Release of the Retirement Pay. Pensions. Gratuities and Other Beneflts of
Retirine Government Employees
l\,us Copy:
SEYM ARES
Chief ialist
Commissioo i56p rrfF n.
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Rule 9
DECISION
Section 48.llthen Case is Decided. The disciplining authority shall decide the case
within thirty (30) days from receipt of the Formal Investigation Report.
If the penalty imposed is suspension exceeding thirty (30) days, or fine in an amount
exceeding thirty (30) days' salary, the decision shall be final and executory after the lapse of
the reglementary period for filing a motion for reconsideration or an appeal and no such
pleading has been filed.
Rule 10
ADMINISTRATIVE OFFENSES AI\D PENALTIES
A. The following grave offenses shall be punishable by disrnissal from the service:
l. Serious Dishonesty;
3. Grave Misconduct;
lloo Copyr
SEYMO
Chief
Commission
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8. Receiving for personal use of a fee, gift or other valuable thing in the
course of official duties or in connection therewith when such fee,
gift or other valuable thing is given by any person in the hope or
expectation of receiving a favor or better treatment than that accorded
to other persons, or committing acts punishable under the anti-graft
laws;
I l. Nepotism; and
B. The following grave offenses shall be punishable by suspension of six (6) months
and one (1) day to one (l ) year for the first offense and dismissal from the service
for the second offense:
2. Oppression;
a
Disgraceful and lmmoral Conduct;
"UE'
SEYMO ARES
Chief
Commission & Liaistrh Office
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9. Gross lnsubordination;
14. Obtaining or using any statement filed under the Code of Conduct
. and Ethical Standards for Public Officials and Employees for any
purpose contrary to morals or public policy or any commercial
purpose other than by news and communications media for
dissemination to the general public; and
D. The following less grave offenses are punishable by suspension of one (1) month
and one (l) day to six (6) months for the first offense; and dismissal from the
service for the second offense:
2. Simple Misconduct;
SEYMOU ARES
Chief
Commission
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5. Insubordination;
6. Habitual Drunkenness;
8. Failure to file sworn statements of assets, liabilities and net worth, and
disclosure of business interest and financial connections including
those of one's spouse and unmarried children under eighteen (18)
years of age living in one's household;
F. The following light offenses are punishable by reprimand for the first offense;
suspension of one (l ) to thirty (30) days for the second offense; and dismissal from
the service for the third offense:
Ccrtlficd Trrc
SEYMO ARES
Chief
Commission & Liaison ()flice
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4. Habitual Tardiness;
9. Willful failure to pay just debts or willful failure to pay taxes due to
the government;
10. Lobbying for personal interest or gain in legislative halls and offices
without authority;
12. Failure to act promptly on letters and request within fifteen (15)
working days from receipt, except as otherwise provided in the rules
implementing the code of conduct and Ethical Standards for Public
Officials and Employees;
Csrrltlcd
SEYMOU ARES
Chief
'- TYrtsston & Liaison Office
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Section 51. Other Specific Offenses. The following acts also constitute administrative
offenses.
b. sexual assault:
c. malicious touching;
II. Less Grave Offenses shall include. but are not limited to:
SEYMOU
Chief Pe;
Commission Sec#tnri{t & Liaison OfFce
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trI. Light Offenses shall include, but are not limited to:
even without such advise, when they are by their nature clearly
embarrassing, offensive or vulgar;
IV. For the purpose of these Rules, the administrative offense of sexual
harassment is further described in the following circumstances:
Ccraficd Tho
SEYMO ARES
Cbief
Commission
Liaison Office
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Calult!0al fl.ryl
SEYMO ARES
Chief
Cnmmission & tioiloh Office
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L Grave Offense:
Crrtlllrd tVut
SEYMO
Chief
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Failure to attend to clients who are within the premises of the office or
agency concerned prior to the end of official working hours and during
lunch break;
Section 52. Penatty of Fine. The following are the guidelines for the penalty
of fine:
l. The disciplining authority may allow payment of fine in place of suspension if any
of the following circumstances is present:
ARES
Commission & Liaison Office
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3. The maximum period to pay the fine shall not exceed one (l) year from the time
the decision/resolution becomes final and executory. The conversion of suspension
into fine shall render the decision final and executory and, therefore, not subject of
appeal or any other similar relief.
4. The failure of the respondent to pay the fine or parl thereof shall cause the reversion
to the original penalty of suspension. As such, respondent shall serve the original
penalty of suspension imposed, inespective of the amount already paid.
5. Fine may be paid in equal monthly installments subject to the following schedule
of payrnent prescribed below:
a. Fine equivalent to one (l) month salary shall be paid within two (2) rnonths;
b. Fine equivalent to two (2) months salary shall be paid within four (4) months;
c. Fine equivalent to three (3) months salary shall be paid within six (6) months;
d. Fine equivalent to four (4) months salary shall be paid within eight (8) months;
e. Fine equivalentto five (5) months salary shall be paid within ten (10) rronths; and
f . Fine equivalent to six (6) months salary shall be paid within twelve ( l2) months.
6. The fine shall be paid to the agency imposing the same, computed on the basis of
respondent's salary at the time the decision becomes final and executory.
a. Physical illness;
b. Malice;
,'
/
\r''
Ccrttfid,llmo Copy:
SEYMOU
Chief
ARES
Commi,ssion
ison OffiC
20]7 RULES ON ADM]NISTRATIVE CASES ]N THE CIVIL SERVICE
(2017 MCCS), Page 30 of 52
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h . Habituality;
i. Offense is committed during office hours and within the premises of the office or
building;
k. First offensel
l. Education;
m. Length of service; or
ln the appreciation thereof, the same must be invoked or pleaded by the respondent,
otherwise. said circumstances will not be considered in the imposition of the proper penalty.
The disciplining authority, however, in the interest of substantialjustice, may take and consider
these circumstances motu proprio'
Section 54. Manner of Imposition. When applicable, the imposition of the penalty
shall be made in accordance with the manner provided herein below:
a. The minimum of the penalty shall be imposed where only mitigating and no
aggravating circumstances are present.
c. The maximum of the penalty shall be imposed where only aggravating and
no mitigating circumstances are present.
Where aggravating and mitigating circumstances are present, paragraph [a] shall be
applied when there ur. ror. mitigating circumstances present; paragraph [b] shall be applied
Certtftcd o Copyr
SEYMOU
ChiefP ^ARES
nn/l S/ccialisr
Commission Se6renrlat dliaison Office
2017 RULES ON ADMINISTMTI''E CASES IN THE CIYlL SERVI(-E
(2017 MCCS), Page 3l of 52
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when the circumstances equally offset each other; and paragraph [c] shall be applied when
there are more aggravating circumstances.
The following divisible penalties shall have their medium range of penalty, to wit:
a) Penalty of suspension ranging from one (l ) month and one (l ) day to six (6)
months shall have three (3) months as its medium penalty; and
b) Penalty of suspension ranging from six (6) months and one (I ) day to one (I )
year shall have 9 months as its medium penalty.
Section 55. Penattyfor Multiple Offenses. If the respondent is found guilty of wo (2)
or more different offenses, the penalty to be imposed should be that corresponding to the most
serious offense and the rest shall be considered as aggravating circumstances.
In case the respondent is found guilty of two or more counts of the same offense, the
penalty shall be imposed in the maximum regardless of the presence of any mitigating
circumstance.
Section 56. Duration and Effect o.f Administrative Penulties. The following rules
shall govern the irnposition of administrative penalties:
c. The penalty of suspension shall result in the temporary cessation of work for
a period not exceeding one (l) year.
d. The penalty of fine shall be in an amount not exceeding six (6) months salary
of respondent. The computation thereof shall be based on the salary rate of
the respondent when the decision becomes executory. Fines shall be paid
within a period not exceeding one (l ) year reckoned also from the date when
decision becomes final and executory.
(A
cirun)ifl6u o Cgpy:
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from service, the respondent shall be entitled to the payment of back wages
and other benefits which would have accrued during the period of the
suspension or dism issal.
d. The penalty of fine shall carry with it disqualification from promotion for the
same period the respondent is fined.
e. The penalty of reprimand shall not carry with it any accessory penalties.
Section 58. Effects of Exoneration on Certain Penalties. The following rules shall
sovern when the decision is for exoneration:
SEYMOUE K. JARES
Chief Per6on{el ecialist
-"mmission SeCreteriat Liaison OfIic
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and all benefits which would have accrued as if the respondent has not been
illegally dismissed.
The grant of back wages and other benefits may be sub.iect of settlement and/or
compromise.
REMEDIES
Rule l1
SETTLEMENT IN ADMINISTRATIVE CASES
Section 59. Applicability. ln cases of light offenses where the act is purely personal
on the part of the private complainant and the person complained of and there is no apparent
injury committed io the government, settlement of offenses may be considered. Provided that
settlement can no longer be applied for the second offense of the same act committed by the
person complained of.
Section 60. Guidelines. The following are the guidelines in the settlement of purely
personal matters in administrative cases:
a. Settlernent shall be allowed only for administrative offenses where the act is
purely personal between the private complainant and the person complained
of and there is no apparent injury to the government;
c. The person complained of may move for the settlement of the complaint
anytime before the issuance of the formal charge.
Tmc QoRV:
SEYMO ARES
Chief
Commission
Liaison Office
20]7 RULES ON ADMINISTRATIVE CASES IN THE CIV]L SERVICE
(2017 RACCS), Page j4 of52
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h. In the event that the proceedings fail, the disciplining authority or authorized
representative shall issue an order terminating the process and continue with
the investigation ofthe case; and
Rule 12
Section 6I. Filing, The party adversely affected by the decision may file a rnotion for
reconsideration with the disciplining authority who rendered the same within fifteen (15) days
from receipt thereof unless otherwise provided by law. However, the private complainant may
file a motion for reconsideration from the decision of CSC Regional Office.
A motion for extension of time to file a motion for reconsideration is not allowed.
Section 62. When deemedfited. A motion for reconsideration sent by registered mail
or private courier service shall be deemed filed on the date stamped on the envelope.or courier
pack which shall be attached to the records of the case. In case of personal delivery, it is
deemed filed on the date stamped thereon by the proper office'
Section 63. Grounds. The motion for reconsideration shall be based on any of the
following:
a. New evidence has been discovered which materially affects the decision
rendered; or
?ruo Copy:
SEYMOU .1rRES
Chief Pe
20I7 RULES ON ADMINISTRATIVE CISES /N THE CIVIL SERVICE
(2017 RACCS), Page 35 of52
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Section 64. Limifation. Only one motion for reconsideration shall be entertained. If a
Rules,
second motion for reconsideration is filed notwithstanding its proscription under these
the finality of action shall be reckoned from the denial of the first motion for reconsideration.
Section 65. Effect of Filing. The filing of a motion for reconsideration within the
reglementary period olnt..n (15) days shall stay the execution of the decision sought to
be
reconsidered.
Rule 13
APPBAL IN DISCPLINARY CASES
Section 67, LYhen deemedfiled. An appeal sent by registered rnail or private courier
service shall be deemed filed on the date stamped on the envelope or courier pack which shall
be attached to the records of the case. In case of personal delivery, it is deemed filed on the
date stamped thereon by the proper office
An appeal, once perfected, cannot be withdrawn except upon motion duly approved by
the appellate body.
arl TlArl
SEYMOU ARES
Chief
Commission & Liaison OfFCe
2017 RL]LES ON ADMINISTRATIVE CASES ]N THE CIVIL SERVICE
(201 7 RACCS), Page 36 of 52
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If the appellanVpetitioner fails to comply with any of the above requirements within
the reglementary period, the Commission shall direct compliance within a period of not more
than ten (10) days from receipt thereof, with a warning that failure to comply shall be construed
as failure to perfect an appeal/petition for review and shall cause its dismissal with prejudice
to its refiling.
Section 69. Effect of Fiting. Except for cases requiring confirmation of the
Department Secretary concemed and cases decided by the CSC ROs, an appeal/petition to the
Commission shall not stop the decision/resolution from being executory.
Section 13. Petition for Review with the Court of Appeuts. A party may elevate a
Decision/Resolution of the Commission before the Court of Appeals by way of a petition for
review under Rule 43 of the Rules of Court.
SEYMO ARES
Chief
Commission Liaison orfice
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(2017 MCCS), Page 37 of 52
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Rule 14
Section 74. Who are Entitled- The following are entitled to back wages and other
similar benefits:
Section :15. lYhat Are Included. Subject to the guidelines provided hereinafter and
other existing laws, rules and regulations, the following benefits are included in the scope
of
back wages:
e. Loyalty Award;
f. Anniversary Bonus;
h. Uniform/Clothing Allowance;
Section 76. Guidelines. The following are the guidelines on the payment of back
wases and other simitar benefits to an illegally dismissed / suspended employee:
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g. The l3th /14th month pay plus Cash Gift under existing laws or
as provided in the General Appropriations Act (GAA) shall be
granted to each qualified official or ernployee which is
equivalent to one (l ) month basic salary.
Section 77. Allowable Deductions. The payment of back wages shall be subject to
withholding tax, GSIS Premium, Phil-Health and HDMF fund contributions, and other
monthly dues/deductions, if there be any, which is imposed by the agency.
RULE 15
REMOVAL OF ADMINISTRATIVE PENALTIES
OR DISABILITIES
Subject to existing procedures, a petition for a favorable recommendation for the grant
of removal of adrninistrative penalties or disabilities may be filed by a dismissed official or
employee with the Commission upon submission of the following:
tJOildlOod
SEYMOU ARES
Chicf
Commission
& Liaison Office
20I7 RIJLES ON ADMINISTMTIVE CASES IN THE CIVIL SERI'ICE
(2017 MCCS), Page 10 of 52
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Section 79. Guidetines. The following are the guidelines for the grant of favorable
recommendation for the removal of administrative penalties or disabilities:
a. Apart from compliance with the requirements, the petitioner must demonstrate
through specific and positive action and behavior that he/she has become a useful
member of the communiW;
b. A minimurn of three (3) years should have lapsed, from the time of the finality of
the decision dismissing the petitioners from the service. in order that the petitioners
may be considered as to have truly undergone moral reformation;
d. ln case where a petitioner is above sixty-five (65) years of age, the Commission
may favorably recommend the removal of his/her administrative penalties or
disabilities, provided that he/she complies with the requirements and submit proof
of moral reformation; and
e. ln cases where the person is found guilty of depriving the government of money or
property, restitution shall be required before the Cornrnission can favorably
recommend the removal of administrative penalties or disabilities.
Restoration of civil service eligibility and the privilege to take civil service
examinations shall not apply to those who were found guilty of any form of examination
inegularity.
SEYMOU JARES
Chief Pe I Spbcialist
Commission Se t & Liaison OffiCe
20I7 RULES ON ADMINISTRITIVE CASES IN THE CII/IL SER''ICE
(2017 RACCS), Page 4l of52
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Rule 16
PROCEDURE FOR CONTEMPT
Section 83. How proceedings are commenced. Proceedings for indirect contempt may
be initiated motn proprio by the Commission by an order requiring the respondent to show
cause why he/she should not be punished for indirect contempt. A rnotion to cite for indirect
contempt may also be filed with the Commission. In both cases, proceedings shall be
conducted at the Office for Legal Affairs, Civil Service Commission.
The conduct of proceedings for indirect contempt cases shall follow, as far as
applicable, the procedure required in the conduct of disciplinary investigation provided under
these Rules.
Section 84. Hearing, Upon the day set for the hearing, the Cornmission shall proceed
to investigate the indirect contempt case and consider such comment, answer, defense or
testimony as the respondent may make or offer. Failure to attend tlre scheduled hearing and to
give a satisfactory explanation in writing to the Commission will result in the waiver of the
respondent to be present during the hearing.
Section 85. Penalty, iffound guilty. lf the respondent is adjudged guilty of indirect
contempt committed against the Commission, he/she may be penalized by a fine of One
Thousand Pesos (PI.OOO.OO) per day for every act of indirect contempt and/or suspension for
one (l) month up to a maximum period of six (6) rnonths. The fine irnposed shall be paid to
the Commission and shall be the personal liability of the respondent.
The finding of guilt for indirect contempt shall not bar the filing of another indirect
contempt case for th. rurn" cause if, after serving the first penalty of suspension or fine or both,
the respondent continues to fail/refuse to comply with the Commission's Order.
NON-DISCIPLINARY CASES
Rule 17
Section 86. Invalidation or Disapproval; L4tto May Appeal', Effect. Either the
appointing authority or the appointee may assail the invalidation or disapproval of an
SEYMOU ARES
Cbief Specialist
Commission & Liaison OffiC
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(2017 RACCS), Page 42 of52
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appointment. Pending resolution of the appeal before the CSC, the appointee shall remain in
niinrer position with entitlement to salaries. In case an appointment is finally invalidated or
disapproved, the appointee shall be entitled to restoration to his/her previous position, if
applicable.
Agencies may fill up a vacant position resulting from pronrotion only after the CSC
has approved/validated the promotional appointntent, except in meritorious cases as may be
authorized by the Commission.
Section 88.l(here and lVhen to File. Subject to the requirement of Rule l3 of these
Rules, appointments invalidated or disapproved by the CSC FO may be appealed to the CSC
RO while those invalidated or disapproved by the CSC RO may be appealed to the Commission
within the fifteen (15)-day reglementary period.
RULE 18
PROTEST AND REVOCATION OF APPOINTMENTS
Section 89. Protest; Who May File. Only a qualified next-in-rank official or employee
may file a protest against an appointment made in favor of another who does not possess the
minimum qualifi cation requirements.
blrrtrrjo
a
-- Att?
SEYMOU ARES
Chief
Commission
20I7 RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERI.'ICE
(2017 RACCS), Page 43 of52
Section 90. Where to File. A qualified next-in-rank employee shall have the right to
appeal initially to the head of agency, then to the CSC RO, and then to the Civil Service
Commission Proper.
Section 91. When lo Protest may be filed within fifteen (15) days from the
File.
announcement and/or posting of appointments subject of protest.
For this purpose, all appointments or promotions shall be duly announced and/or posted
in bulletin boards or at conspicuous places in the Department or Agency within thirty (30) days
or within a shorter period from the issuance of the appointrnent as provided in the agency-
approved Merit Selection Plan (MSP).
Section 92. Effect on the Appointment. A protest shall not render an appointment
ineffective or bar the approval/validation thereof, by the CSC FO, CSC RO or the Comlnission,
as the case may be, but the approval/validation shall be subject to the final outcome of the
protest.
An appointment may still be revoked by the appointing authority prior to the submission
to the CSC FO even if the appointee has accepted the appointment and assumed office. A
decision or resolution by the appointing authority granting the protest shall be subjectto appeal
by the appointee or to automatic review by the concerned CSC RO. The appointing authority
sirall wiihin five (5) days from issuance of such decision or resolution transmit the records of
case to the CSC RO for disposition.
The appointing authority, however, does not have the power to revoke an appointment
which was already submitted to the CSC FO.
Section 93. llhen Deemed Filed A protest is deemed filed, in case the same is sent
by registered mail or private courier service, on the date starnped on the envelope or courier
pack which shall be attached to the records of the case, and in case of personal delivery, on the
date stamped by the agency or the Commission.
Section 94. Effect of ll/ithdrawal of ProtesL A protest or an appeal in this case may
be withdrawn at any time as a matter of right. The withdrawal of the protest or appeal shall
terminate the protest case.
Section 95. Transmittal of Records. ln case the decision on protest is appealed to the
Commission, the head of department or agency shall forward his/her comment and the records
of the case within five (5) days from receipt of the copy of the protest. The records shall be
systematically and chronologically arranged, paged and securely bound to prevent loss and
shall include the followins:
t-.grrl,|8d'fhot
SEYMOU ARES
Chief
^omrnission ! & l:iaison Offic
2017 RULES ON ADMINISTRAT]VE CASES IN THE CIVlL SERVICE
(2017 MCCS), Page 44 of 52
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b. Duly accomplished and updated personal data sheets of the parties with
certified statement of service records attached;
Section 96. Dismissal of Protest A protest shall be disnrissed on any of the following
grounds:
d. The protest is filed outside of the fifteen (15) -day reglementary period.
Section 98. Effect of Decision In case the protest is finally decided by the CSC against
the protestee, the approval/validation of his/her appointment shall be revoked and the
appointment shall be considered disapproved/invalidated. The protestee shall be reverted to
his/her former position, if applicable.
Section 100. When and Where to File. The petition rnay be filed anytime, during a
subsisting appointment, to the CSC RO which has jurisdiction over the appointee. In case the
petition is filed with the CSC FO, the same shall be transmitted to the CSC RO concerned for
decision.
caF-Clll.d'lf'E. copy:
e
SEYMOU R. P ARES
Cbief Pe ooo Speciatist
f'nmmission Sec t & Liaison OffiC
20I7 RULES ON ADMINISTRATIVE CASES IN THE CII"IL SERI/ICE
(2017 MCCS), Page 45 of 52
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Section 103. Effect of Decision When the petition to recall the approval/validation
of an appointment is dicided by the CSC against the appointee, the approval/validation of
his/her appointment shall be revoked and the appointment shall be considered
disapproved/invalidated. In case of a promotion from within the same agency, the appointee
shall be revefted to his/her former position, if applicable.
Rule 19
Section 104.llhen and Llthere to File. Request for correction of personal information
shall be filed before retirement or on meritorious grounds, within one (l) yearthereafter, with
(15)
the CSC RO exercising jurisdiction, and which request shall be acted upon within fifteen
days from receipt. Copies of the Order or Resolution issued by the concerned CSC RO shall
be submitted to the lniegrated Records Management Office (IRMO) as the repository of all
human resource records.
a. Original Certificate of Live Birth duly authenticated by the Local Civil Registrar
of the municipality or city where the birth was registered or recorded or the
Philippine Statistics Authority, or in its absence, a couft order;
A filing fee shallbe paid and a receipt thereof shall be attaclred to the request.
Section 106. Supporting Documenls. When the subnritted Certificate of Live Birth is
issued on the basis of iate ,"giitration, original or duly authenticated suppofting documents
must be submitted, in addition to the requirements enumerated in the imrnediately preceding
section, to warrant the correction or change of information in the records of the Commission,
to wit:
r:c;trnod lluo
SEYMO . PAJARES
Chief I Specialist
Cnmmission & Liaison OffiC
20]7 RULES ON ADMINISTRATIVE C,4S'S /N THE CI''IL SERVICE
(2017 MCCS), Pase 46 of 52
.X------------------ ----------"-----------X
a. Baptismal certificate, unless it has been lost or destroyed during a war, fire, natural
calamity or any other fortuitous event, in which case. a certification issued by the
proper church authority must be submitted. If the requesting party was not issued
any baptismal certificate or was not baptized, an affidavit attesting to such fact
must be submitted.
b. Other employment, personal or school records which support the entry reflected in
the belatedly registered birth certificate and which entry is requested to be reflected
in the records of the Commission as the true and correct entry.
Rule 20
DROPPING FROM THE ROLLS
Section 107. Grounds and Procedure for Dropping .front the Rolls. Officers and
employees who are absent without approved leave, have unsatisfactory or poor performance,
or have shown to be physically or mentally unfit to perform their duties tnay be dropped from
the rolls within thirty (30) days from the time a ground therefor arises subject to the following
procedures:
He/she shall, however, have the right to appeal his/her separation within fifteen
(t5) days from receiptof the notice of separation which rnustbe sentto his/her last
known address.
Z. lf the number of unauthorized absences incurred is less than thirly (30) working
days, a written Return-to-Work order shall be served on the official or employee at
his/her last known address on record. Failure on his/lrer paft to report to work
within the period stated in the order, which shall not be less than three (3) days, is
a valid ground to drop hirn/her from the rolls.
Ccrttftcd copv:
SEYMOU ^1rRES
Chief
Commission & Liaison OffiCe
2017 RULES ON ADMINISTRATIVE CASES IN THE CIV'IL SERVICE
(2017 MCCS). Page 47 of 52
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c. Physical Unfitness
I . An officer or employee who is continuously absent for nrore than one ( I ) year by
reason of illness may be declared physically unfit to perfonn his/her duties and
may be consequently dropped from the rolls.
For this purpose, notice shall be given to the officer or employee concerned
containing a brief statement of the nature of his/her incapacity to work.
c.rrtlncd Tfuc
SEYMOU AJARES
Chief
^ommission ! & Liaison Office
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d. Mental Disorder
1. An officer or employee who is behaving abnonnally for an extended period,
which may manifest continuing mental disorder shall be provided necessary
human resource and psychological interventions. lf after interventions, continued
abnormal behavior/ mental disorder is manifested, as reported by his or her co-
worker or inrmediate supervisor and confirmed by a licensed psychiatrist, the
officer or employee may be dropped from the rolls.
2. lfthe officer or employee refuses to undergo the necessary human resource and/or
psychological interventions, he or she may be dropped from the rolls based on
the report of co-workers or immediate supervisor and after confirmation by a
licensed psych iatrist.
Section 108. Ilritten Notice; l4ho Signs. The written notice mentioned in the
preceding paragraphs shall be signed by the highest ranking human resource management
officer in the agency upon the recommendation of the person exercising irnmediate supervision
over the officer or employee. However, the notice of separation shall be signed by the
appropriate appointing authority or head of office.
Section ll0. Dropping From the Rolls; Non-disciplinory in Nature. This mode of
separation from the service for unauthorized absences or unsatist-actory or poor performance
or physical or mental disorder is non-disciplinary in nature and shall not result in the forfeiture
of any benefit on the part of the official or employee or in disqLralification from reemployment
in the government.
Rule 2l
REMEDIES IN NON-DISCIPLINARY CASES
Section lll.
Remedies in non-disciplinary cases. The aggrieved party in non-
disciplinary cases may avail of the applicable remedies provided for under Rules l2and 13
unless otherwise provided by law or these Rules.
All actions of CSC ROs or other offices withirr CSC rnay be brought to the
Commission Proper by way of a petition for review.
r._crilncd Truc
SF:YtVIO AJ..TRES
Chief Specialist
& Liaison Office
2017 RULES ON ADMINISTMTIVE CASES IN THE CIVIL SERI''ICE
(2017 MCCS), Page 49 ol52
x-____-_--_______- ------------------------x
a. Dropping from the Rolls - the employee shall be reinstated immediately to his/her
formir post with payment of back wages and other rnonetary benefits;
b. lllegal Termination - the employee shall be reinstated with payment of back wages
and other monetary benefits;
e. Demotion- the employee shall be entitled to back wages and other similar benefits
and restoration of former salary grade with the same salary step.
Rule 22
MISCELLANEOUS PROVISIONS
Other agencies of the government may deputize lawyers of other agencies provided
that prior understanding is executed in a Memorandum between the two agencies
Section ll4. Execution of CSC RO Decisions. The decisions of the CSC ROs shall
for
be immediately executory after fift."n (15) days from receipt thereof, unless a motion
reconsideration or a petition for review is seasonably filed with the Commission, in which
case
Section ll5. Execution of the Decisions of the Commission. The decisions of the
Commission shall be immediately executory after fifteen (15) da1's from receipt thereof, unless
a motion for reconsideration is seasonably filed, in which case the execution of the decision
shall be held in abeyance.
For this purpose, the CSC ROs shall monitor and assist in the effective and immediate
implementation of these decisions.
Section 116. Effect of Pendency of Petition .fbr Review/Certiorari with the CourL
with
The filing and pendency of a"petition foi review with the Court of Appeals or certiorari
the Supreme Court shall not stop the execution of the decision of the Commission unless the
Court issues a restraining order or an injunction.
Copies of decisions and other communications shall be served to the counsel of record
if one is represented by a counsel. However, a party even if represented by a counsel, is not
precluded irom securing or being served a copy of said decisions and other communications.
The period to perfect a Motion for Reconsideration or an appeal shall be reckoned from the
date of receipt of counsel or party, whichever comes earlier.
ln cases before the CSC ROs, if such Notice or Order appears on the record
to have been mailed at least fifty-five (55) days prior to the scheduled date
of hearing if the addressee is from within the geographical area of the
Regional Office which exercises jurisdiction, or at seventy-five (75) days
if the addressee is from outside the geographical area.
2. In cases where an Order was issued directing a party(ies) either to comply
with the requirements to perfect their action; conrment/answer on a
pending.action and/or transmit case records: file their respective position
papsrs; and other analogous matters, after fifty-five (55) days from date of
maiFing,- as appearing on the record if the addressee is from within the
National capital Region, or after seventy-five (75) days if the addressee is
(]011r!rd c Copy:
SEYMOU ARES
Cbief Pe#onn l Specidiql
Cnmmission SeCretari t & Liaison
Cffice
20 I 7 RU LES ON A D MI N ISTRATI V E C,4SE'S /N TH E C I'' I L S E RI.' IC E
(2017 MCCS), Page 5lof 52
from outside the National Capital Region. for cases before the Commission
Proper.
ln cases before the CSC ROs, after fifty-five (55) days from date of
mailing, as appearing on the record if the addressee is from within the
geographical area of the Regional Office which exercises jurisdiction, or
after seventy-five (75) days if the addressee is from outside the
geographical area.
In the case of Notices or Orders mentioned in ltem No. 2 hereof after the
lapse of a period of thirty (30) days from the date of the presumptive notice
as appearing on the record of the case without receipt of any compliance
from the concerned party, the Commission shall proceed to act upon such
case accordingly. On the other hand, if there is cornpliance received on an
earlier period, the Commission shall proceed to act upon such case as of
the date of receipt of compliance
(b) A party, in order to ensure timely serv ice, may opt to avail of private couriers for
the service of pleadings, motions and other submissions. Proof of service in such
case shall either be a sworn certification or affidavit of service from the courier
specifically referring to the date of service and the corresponding tracking number
for the mail matter.
Section l2l. Fees and Other Charges. Reasonable fees and other charges shall be
provided in separate issuances that the Commission shall promulgate as it may deern fit.
e.ftlft.d
SEYMOU
Chief
Commission Secretr.riat & Liaison Oflice
SERVICE
2017 RULES ON ADM]NISTRATIVE CASES IN THE C]WL
(2017 RACCS), Page 52 of52
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RULE 23
Cases in the
Section 122. Repealing Clause. The Revised Rules on Administrative
08, 2011, csc
civil service as prescribld in csc Resolution No. 1l-01502 dated November resolutions,
circulars,
Resolution No. 01-0g40 dated May 21,2001 and all other memorandum
repealed or modified
rules and regulations, inconsistent with these Rules are hereby
accordingly.
unconstitutional or
Section 123. Separability. If any portion of these Rules is declared
affected shall remain in full
invalid by competent authority, ihe other provisions not otherwise
force and effect.
Quezon City.
lA oeta RosA-BALA
ROBERT S. MARTINEZ
\\ h"'"
LEOPOLDO NoBENTO W. VALDEROSA' JR.
Commissidrler Commissioner
1
Attested by:
Director IV
Commission Secretariat and Liaison Office
ol-AvM('('l;1w(;:151
linot 20l7mcc: 'hncl 2017