2017 RULES ON ADMINISTRATIVE Ca‘ IN THE CIVIL SERVICE (2017 RACCS) x— Number:_ 1701077 Promulgated: O03 JUL 2017 RESOLUTION Pursuant to Section 6, Article IX-A of the 1987 Constitution, the Civil Service Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights. Likewise, Section 12 (2), Chapter 3, Title 1, Subtitle (A), Book V of the Administrative Code of 1987 (Executive Order No. 292) empowers the Civil Service ‘Commission, among others, to prescribe, amend and enforce rules and regulations to effectively carry into effect the provisions of the Civil Service Law and other pertinent laws which include the procedure in administrative cases in the Civil Service. NOW, THEREFORE, the Commission hereby adopts and promulgates the following rules concerning disciplinary and non-disciplinary proceedings in administrative cases in the Civil Service. GENERAL PROVISIONS Rule 1 APPLICABILITY AND CONSTRUCTION Section 1. Title. These Rules shall be known and cited as the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS). Section 2. Coverage. ‘These Rules shall apply to all disciplinary and non-disciplinary administrative cases or matters brought before the Civil Service Commission (CSC) and its regional/field offices, agencies of the national government, local government units, state universities and colleges (SUCs) or local universities and colleges (LUCs), and government- ‘owned or controlled corporations with original charters except as may be provided by law. Unless otherwise provided by law, rules formulated by the agencies shall not be in conflict with these Rules Bawat Kawani, Lingkod Bayani ‘®CSC Building, 18P Road, Constitution Hills, 126 Quezon City "P931-7935/931-7939/931-8092 icscphilewebmallcscgovph @wwwescgovph2017 RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE (2017 RACCS), Page Section 3. Construction. These Rules shall be liberally construed in order to promote their objective in obtaining just, speedy, and inexpensive disposition of administrative cases. Administrative investigations shall be conducted without strict recourse to technical rules of procedure and evidence applicable to judicial proceedings. Section 4. Definition of Terms. ‘The terms hereunder shall be construed, as follows: a. AGENCY refers to any bureau, office, commission, administration, board, council, tate university and college (SUC) or local university and college (LUC), corporation with original charter, whether performing governmental or proprietary function, or any other unit of the national government as well as provincial, city, ‘municipal or autonomous regional government. b. APPOINTING AUTHORITY refers to the person or body duly authorized to issue appointments and other human resource actions in the civil service. 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 stated is entitled to all the rights and privileges that accrue by virtue of the office held. d. CIVIL 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 charters, 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. f. CIVIL SERVICE COMMISSION REGIONAL OFFICES (CSC ROs) refer to the Civil Service Commission Regional Offices, each headed by a Regional Director. g. COMMISSION refers to the Civil Service Commission composed of the CChairpersor/Chairman and two (2) Commissioners. h. DEPARTMENT refers to any of the executive departments or entities having the category of a department, including the judiciary, legislative and the other constitutional commissions. i. DEVELOPMENTAL INTERVENTIONS refer to appropriate learning activities which may include coaching, mentoring, cross posting program, job rotation, temporary assignment, secondment, team building, knowledge sharing and learning session, shadowing, counselling, ete.2017 RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE (2017 RACES, Page 3 of 52 fi} . FIXER refers to any ini DISCIPLINING AUTHORITY refers to the person or body duly authorized by law to impose the penalty provided for by law or rules. 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. 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, lual 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 with them, facilitates speedy completion of transactions for pecuniary gain or any other advantage or consideration. FORUM SHOPPING refers to the filing of several administrative actions or complaints either simultaneously or successively before agencies or tribunals having ‘concurrent jurisdiction over a case against the same party involving the same essential facts, circumstances, acts, causes of action or relief, and all raising substantially the same issues. Such case can either be pending in, or already resolved adversely by, some ‘other tribunal or agency. HUMAN RESOURCE (HR) refers to the people, including their qualifications, competencies, talents and potentials. HR as a function pertains to the management, development and utilization of the people towards the excellent and ethical achievement of vision of the organization HUMAN RESOURCE (HR) ACTION refers to any action denoting the movement ‘or progress of officials and 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. MOTU PROPRIO refers to an action taken by the disciplining authority on its own initiative, OFFICIAL refers to a person who occupies either a professional, technical, or scientific position and whose functions are managerial in character, exercising management over people, resource and/or policy and exercising functions such as planning, organizing, directing, coordinating, controlling, and overseeing the activities of an organization, a unit thereof or of a group, requiring some degree of professional, technical or scientific knowledge and experience, application of managerial skills required to carry out basic duties and responsibifities involving leadership, functional guidance and control. Positions of officials require intensive and thorough knowledge of a specialized field.2017 RULES ON ADMINISTRATIVE CASES INTHE CWI SERVICE (2017 RACCS), Page $f 52 aa, PARTY ADVERSELY AFFECTED refers to the respondent against whom a decision in an administrative case has been rendered or to the disciplining authority or Prosecuting agency in an appeal from a decision reversing or modifying the original decision. PERSON COMPLAINED OF refers to the person who is the subject of a complaint fhut who is not yet issued a notice of charge or formal charge by the disciplining authority. PRIMA FACIE CASE refers to the evidence which, if unexplained or uncontradicted, is sufficient to sustain a judgment in favor of the issue it supports, but which may be contradicted by other evidence. PROBATIONARY EMPLOYEE refers to an employee who is required to undergo a thorough character investigation and assessment of capability to perform the duties of the position enumerated in the Position Description Form (PDF) during the probationary period which is generally six (6) months or depending on the duration of the probationary period as required by the position or by law, . PROTEST refers to an action filed by a qualified next-in-rank official or employee ‘questioning the issuance of an appointment in favor of another on the basis of lack of ‘qualifications of the appointee. PSYCHOLOGICAL INTERVENTIONS refer to psychological counseling; psychotherapy; psychosocial support; life coaching; psychological debriefing: group processes; and all other psychological interventions that involve the application of psychosocial principles and methods to improve the psychological functioning of individuals; families; groups; and organizations! QUALIFIED NEXT-IN-RANK refers to an employee appointed on a permanent basis to a position previously determined to be a next-in-rank to the vacancy and who meets the requirements for appointment thereto as previously determined by the appointing authority and approved by the Commission. RESPONDENT refers to the person who is issued a notice of charge or formal charge by the disciplining authority. SEXUAL HARASSMENT refers to an act, or a series of acts, involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government employee or official 2 Section 3(b) (1), Rule Il of the Implementing Rules and Regulations of Republic Act No. 10029 or AN ACT TO REGULATE THE PRACTICE OF PSYCHOLOGY CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY [BOARD OF PSYCHOLOGY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES known as "Philippine Psychology Act of 2009" C