2017 RULES ON

ADMINISTRATIVE CASES IN THE

CIVIL SERVICE (2017 RACCS)
 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 I, 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.

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, institute, state 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 reinstated 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 Chairperson/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, etc.
 
j. DISCIPLINING AUTHORITY refers to the person or body duly
authorized by law to impose the penalty provided for by law or rules.

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 with them, facilitates
speedy completion of transactions for pecuniary gain or any other
advantage or consideration.
n. 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.
 
o. 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.
 
p. 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.
 
q. MOTU PROPRIO refers to an action taken by the disciplining authority
on its own initiative.
 
r. 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
responsibilities involving leadership, functional guidance and control.
Positions of officials require intensive and thorough knowledge of a
specialized field.
s. 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.
 
t. PERSON COMPLAINED OF refers to the person who is the subject of a
complaint but who is not yet issued a notice of charge or formal charge
by the disciplining authority.

u. 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.
 
v. 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.
 
w. 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.

x. 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.
 
y. 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.
--------------------
 Section 3(b)(1), Rule III 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”.
z. RESPONDENT refers to the person who is issued a notice of charge or formal
charge by the disciplining authority.
 
aa. 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 in a work-related, training or education related environment of the person
complained of.
 
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 VENUE OF ACTIONS
 
 Section 5. Jurisdiction of the Civil Service Commission. – The Civil
Service Commission shall hear and decide administrative cases or matters
instituted by or brought before it, directly or on appeal, including contested
appointments, and review decisions and actions of its offices and other
government agencies.

Section 6. Referral of Case or Matter to the Proper Office. - When

an administrative case or matter is filed before the Commission or any of
the CSC ROs, but jurisdiction over such case or matter properly belongs to
any other CSC RO or to the Commission, the same shall be forwarded by
the office concerned to the appropriate CSC RO having jurisdiction over the
case or matter or to the Commission as the case may be. The Commission
or the CSC RO may also refer a case or matter to other agencies as it may
deem necessary.

 
 Section 7. Cases Cognizable by the Commission –The Civil
Service Commission shall take cognizance of the following cases:
 
A. Disciplinary
 
1.Decisions of CSC ROs brought before it on petition for review;

2.Complaints brought against CSC officials and employees both in the

Central Office (CO) and CSC ROs.

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.

 
3. Complaints against officials who are not presidential appointees or
elective officials;
 
4. Decisions of disciplining authorities imposing penalties exceeding
thirty (30) days suspension or fine in an amount exceeding thirty
(30) days salary brought before it on appeal;
 
5. Decisions of disciplining authorities imposing penalties not
exceeding thirty (30) days suspension or fine equivalent to 30
days salary but violating due process;
6. Requests for transfer of venue of hearing on cases being heard by
CSC ROs;

7. Appeals or petitions for review from orders of preventive suspension;

and
 
8. Such other actions or requests involving issues arising out of or in
connection with the foregoing enumeration.

 
B.       Non-Disciplinary
 
1. Decisions of department secretaries and bureau heads on human
resource actions;

2. Decisions of CSC ROs;

3. Requests for favorable recommendation on petition for the

removal of administrative penalties or disabilities;

4. Requests for extension of service excluding presidential

appointees;

5. Appeals from reassignment of public health workers and public

social workers;

6. Such other analogous actions or petitions arising out of or in

relation with the foregoing enumerations.
 Section 8. Cases Cognizable by Regional Offices. – Except as
otherwise directed by the Commission, the CSC ROs shall take cognizance
of the following cases:
 
A. Disciplinary
 
1.Cases initiated by, or brought before, the CSC ROs provided that the
alleged acts or omissions were committed within the jurisdiction of the CSC
RO, including fraudulent acquisition of civil service eligibility (violation of
Republic Act No. 9416) and its related offenses.

2.Petitions to place respondent under preventive suspension in

connection with cases pending before the CSCRO concerned.
Non-Disciplinary
 
1.Disapproval/Recall of Approval/Invalidation of appointments brought
before it on appeal;

2.Decisions of appointing authorities within their geographical boundaries

relative to protests and other human resource actions as well as other non-
disciplinary actions brought before them on appeal; and

3.Requests for corrections of personal information in the records of the

Commission.
 Section 9. Jurisdiction of Disciplining Authorities. –The
disciplining authorities of agencies and local government units shall have
original concurrent jurisdiction with the Commission over their respective
officials and employees. Their decisions shall be final in case the penalty
imposed is suspension for not more than thirty (30) days or fine in an
amount not exceeding thirty (30) days salary subject to Section 7(A)(5) of
these Rules. In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially appealed to the
department and finally to the Commission and pending appeal, the same
shall be executory except when the penalty is dismissal from the service,
in which case the same shall be executory only after confirmation by the
Secretary concerned.
 DISCIPLINARY CASES
 
Rule 3
COMPLAINT

Section 10. Who May Initiate. – Administrative proceedings may be

initiated by the disciplining authority motu proprio or upon complaint of
any other person.

Section 11. Requisites of a Valid Complaint. –No complaint against

a civil service official or employee shall be given due course unless the
same is in writing, subscribed and sworn to by the complainant. In cases
initiated by the proper disciplining authority or an authorized
representative, a show cause order is sufficient.
 
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 required to
submit additional copies corresponding to the number of persons
complained of.
 The complaint shall contain the following:
 
a. full name and address of the complainant;

b. full name 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;

d. certified true copies of documentary evidence and affidavits of

his/her witnesses, if any; and

e. certification or statement of non-forum shopping.

 
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 12. Anonymous Complaint - No anonymous complaint shall
be entertained unless there is obvious truth, verifiable information or merit
to the allegations therein or supported by documentary or direct evidence.
 
Section 13. When and Where to File a Complaint. – Except when
otherwise provided for by law, an administrative complaint may be filed
anytime with the Commission or any of its regional offices, heads of
departments, 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 charters
except as may be provided by law.
 Section 14. Complaints in Sexual Harassment Cases. In sexual
harassment cases, the complaint shall be filed with the Committee on
Decorum and Investigation (CODI) which shall be created in all national or
local agencies of the government, state/local colleges and universities,
including government-owned or controlled corporations with original
charters.

In a work-related environment, a CODI shall be composed of at

least one (1) representative each from the management, the accredited
union, if any, the second level employees, and the first level employees,
duly selected by the unit concerned.
 In an educational or training institution, the Committee shall be
composed of at least one (1) representative each from the
administration, teaching and non-teaching staff, and students or
trainees, as the case may be, duly selected by the level concerned.

When the complainant or the person complained of is a member of the

Committee, he/she shall be disqualified from being a member
thereof or the complaint may be filed directly with the Civil Service
Commission.
 
The agency may formulate 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 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:
 
a.the agency has no CODI;

b.the disciplining authority is subject of the complaint;

c.the subject of the complaint is a CODI member ; or

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. Withdrawal of the Complaint. – The withdrawal of the
complaint does not result in its outright dismissal 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.
 
In sexual harassment cases, the CODI shall perform the following
functions:
 
1.Receive complaints of sexual harassment;

2.Investigate sexual harassment complaints in accordance with the

prescribed procedure;
 
 

3. Submit a report of its findings with the corresponding

recommendation to the disciplining authority for decision;

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 18. Preliminary Investigation; Definition. – A

Preliminary Investigation is a mandatory proceeding undertaken to
determine whether a prima facie case exists to warrant the issuance of a
formal charge/notice of charge.
 
Section 19. How conducted. – Preliminary investigation may be
conducted in any of the 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.
 

When the complaint is initiated by the disciplining authority, it or its

authorized representative shall issue a show-cause order directing the
person/s complained of to explain within the same period why no
administrative case should be filed against the said person. The failure to
submit a comment/counter-affidavit/explanation shall be considered a
waiver thereof and the preliminary investigation may be completed even
without the counter-affidavit/comment/explanation.
 
The right to counsel may be exercised even during the preliminary
investigation.
 
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 113 of these Rules.
 
 Section 20. Duration of the Preliminary Investigation. – A
preliminary investigation shall commence within a non-extendible period of
  (5) days upon receipt of the complaint by the disciplining authority and
five
shall be terminated within twenty (20) days thereafter. However, the
disciplining authority may extend such periods in meritorious cases.
 
Section 21. Investigation Report. – Within five (5) days from the
termination of the preliminary investigation, the investigating officer/body
shall submit the Investigation Report with recommendation and the
complete records of the case to the disciplining authority.
 
The Investigation Report shall be treated with confidentiality.
 
Section 22. Decision or Resolution After Preliminary
Investigation– If a prima facie case is established after preliminary
investigation, the disciplining authority may issue either a formal charge or
a notice of charge pursuant to Rule 5 of these Rules.

In the absence of a prima facie case, the complaint shall be dismissed.

 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 of, who shall now be called as
respondent. 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 receipt 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. Notice 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 prima facie case exists. It shall 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 notice that
he/she may opt to be assisted by a counsel of his/her choice and may elect
to have a formal investigation.
 
If the respondent receives a notice of charge with incomplete
attachments, the respondent may request for the lacking documents within
10 days from receipt of the formal/notice of charge and the period to
answer will not run until the same is received by the respondent.
 Rule 6
ANSWER

Section 26. Requisites and 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. Failure to File 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 may be decided based on available
records.
 Rule 7
PREVENTIVE SUSPENSION

Section 28. Preventive Suspension, Nature. Preventive

suspension is not a penalty. It is designed merely as a measure
of precaution so that the respondent may be removed from the
scene of the alleged misfeasance/malfeasance/nonfeasance while the
case is being investigated.
 
Section 29. When Issued; Grounds. – The proper disciplining
authority, upon motion or motu proprio, may issue an order of
preventive suspension against the respondent upon issuance of the
formal charge or notice of charge, or immediately thereafter, if:
 
A) The charge involves:
 
1. Dishonesty;

2. Oppression;

3. Grave Misconduct;

4. Neglect in the Performance of Duty;

5. Other offenses punishable by dismissal from the service; or

6. Administrative offense committed on its second or third offense and

the penalty is dismissal from the service; and
 
B.) The respondents is in a position to exert undue influence or pressure
on the witnesses and/or tamper with evidence.
 
In order for a preventive suspension order to be valid, any of the
conditions in Items A and B must be present.

Section 30. Alternative to Preventive Suspension. – The proper

disciplining authority may reassign respondent to another unit subject to
the same periods as provided in the immediately succeeding section.
 Section 31. Duration of Preventive Suspension. – Unless otherwise
provided for by law, the disciplining authority may place the respondent under
preventive suspension for a maximum period of ninety (90) days in the case of
national agencies including government-owned or controlled corporations with
original charters, state universities and colleges (SUCs) or sixty (60) days in the
case of local government units including local universities and colleges (LUCs).
When the administrative case against respondent under preventive suspension is
not finally decided by the disciplining authority within the period of preventive
suspension, the respondent shall be automatically reinstated in the service unless
the delay in the disposition of the case is due to the fault, negligence or petition of
the respondent, in which case, the period of delay shall not be included in the
counting of the period of preventive suspension. Any period of delay caused by
motions filed by the respondent shall be added to the period of preventive
suspension. Provided, that where the order of preventive suspension is for a period
less than the maximum period, the disciplining authority undertakes to finish the
formal investigation within the said period and is precluded from imposing another
preventive suspension. Provided, further, that should the respondent be on
authorized leave, said preventive suspension shall be deferred or interrupted until
such time that said leave has been fully exhausted.
 Provided finally that if the respondent is placed under preventive
suspension in another case, the duration of the second preventive
suspension shall simultaneously run with the first 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 Wages During Preventive
Suspension. – The payment of back wages during the period of suspension
shall be governed by the following:
 
a.      A declaration by the Commission that an order of preventive
suspension is void on its face entitles the respondent to immediate
reinstatement and payment of back wages corresponding to the period of the
unlawful preventive suspension without awaiting the outcome of the main
case.
 
The phrase "void on its face" in relation to a preventive suspension order,
imports any of the following circumstances:
 
i. The order was issued by one who is not authorized by law;
ii. The order was not premised on any of the conditions under Section
29;
 iii. The order of preventive suspension was issued without a formal
charge or notice of charge or with defective formal charge / notice of
charges; or
 
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.
 
b. A declaration of invalidity of a preventive suspension order not based on
any of the reasons enumerated in the immediately preceding Section 33
(a), shall result in the reinstatement of the respondent. The payment of
back wages shall, however, await the final outcome of the principal
case. If the decision rendered in the principal case is for exoneration or
when the penalty imposed is reprimand, the respondent shall be paid
back wages. Otherwise, no back wages shall be paid.
 The term “exoneration” contemplates a finding of not guilty for the
offense/s 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

Section 34. Conduct of Formal Investigation; When Held. – A

formal investigation shall be conducted where the merits of the case
cannot be decided judiciously without conducting such investigation or
when the respondent elects to have one, in which case, the investigation
shall be held not earlier than five (5) days nor later than ten (10) days
from receipt of the respondent's answer or upon the expiration of the
period to answer. Said investigation shall be finished within thirty (30)
days from the issuance of the Formal Charge/Notice of Charge unless the
period is extended by the disciplining authority or its authorized
representative, or heads of agencies, or the Commission in meritorious
cases.
 
For this purpose, the Commission may entrust the formal
investigation to lawyers of other agencies pursuant to Section 113 of
these Rules.
 Section 36. Pre-Hearing Conference. – At the commencement of
the formal investigation, the hearing officer shall conduct a pre-hearing
conference for the parties to appear, consider and agree on any of the
following:
 
a.Stipulation of facts;

b.Simplification of issues;

c.Identification and marking of evidence of the parties;

d.Waiver of objections to admissibility of evidence;

e.Limiting the number of witnesses, and their names;

f.Dates of subsequent hearings; and

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 parties 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 of the 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 who fails to appear, without
justifiable reason, at the pre-hearing conference may be liable for Neglect
of Duty.
 Section 37. Continuous Hearing Until Terminated;
Postponement. – Hearings shall be conducted on the hearing dates set
by the hearing officer or as agreed upon during the pre-hearing
conference.
 
Each party may be granted one (1) postponement upon oral or
written request.
 
If respondents fail or refuse to appear or are not represented by
counsel during the scheduled hearings despite due notice, the
investigation shall proceed and the respondents shall be deemed to have
waived the right to present evidence.
 Section 38. Preliminary Matters. – At the start of the hearing, the
hearing officer shall note the appearances of the 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 of the 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 direct
testimonies of witnesses. The adoption of the Judicial Affidavit Rule is
without prejudice to clarificatory questions that may be asked during the
hearing.
 Section 39. Appearance of Counsel. – Any counsel who is a member
of the Integrated Bar of the Philippines (IBP) appearing before any hearing
or investigation shall manifest orally or in writing, his/her 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,
PTR number, attorney’s roll number, MCLE compliance certificate 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.
 
A private prosecutor may be allowed to appear provided that the public
prosecutor shall have direct control and supervision over the private
prosecutor at all times.
 Section 40. Order of Hearing. – Unless the hearing officer directs
otherwise, the order of hearing may be as follows:
 
a.The prosecution shall present its evidence;
b.The respondent shall present evidence in support of his/her
defense;

c.  There may be rebuttal or sur-rebuttal.

 
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
memorandum which in no case shall be beyond five (5) days after the
termination of the 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 officer shall be noted with the 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 documentary 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 Subpoena. – The hearing officer may issue
subpoena ad testificandum to compel the attendance of witnesses and
subpoena duces tecum for the production of documents or things.
 
If a party desires the attendance of a witness and/or the production of
documents, he/she shall make a request for the issuance of the necessary
subpoena ad testificandum and/or 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 means of recording.
 Section 45. Filing of Pleadings. – All pleadings filed by the
parties shall be copy furnished the other party with proof of service.
Failure in this regard may justify non-receipt or non-action on the
pleading. Any pleadings sent by registered mail shall be deemed
filed on the date shown by the postmark on the envelope which shall
be attached to the records of the case, and in case of personal
delivery, the date stamped thereon.
 Section 46. Effects of the Pendency of an Administrative or
Criminal Case. – Except as otherwise provided by law, pendency of an
administrative or criminal case shall not disqualify respondent from
promotion and other human resource actions or from claiming
maternity/paternity benefits.
 
For this purpose, a pending administrative case shall be
construed as such when the disciplining authority has issued a formal
charge or a notice of charge to the respondent.

The release of the retirement benefits of a person with pending case

shall be governed 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 rules2.

-----------------
2
CSC Resolution No. 1302242
 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 during the investigation, the
findings and the evidence supporting said findings, as well as the
recommendations, shall be submitted by the hearing officer to the
disciplining authority. The complete records of the case shall be attached
to the report of investigation which shall be treated with confidentiality.
 
The complete records with Table of Contents shall be systematically
and chronologically arranged, paged and securely bound to prevent loss.
 Rule 9
FORMAL INVESTIGATION

Section 48. When Case is Decided. – The disciplining

authority shall decide the case within thirty (30) days from receipt of
the Formal Investigation Report.

Section 49. Finality of Decisions. – A decision rendered by

the disciplining authority or CSC ROs whereby a penalty of
reprimand, or suspension for not more than thirty (30) days or a fine
in an amount not exceeding thirty (30) days’ salary is imposed, shall
not be appealable. It shall be final and executory unless a motion for
reconsideration is seasonably filed. However, the respondent may file
an appeal or petition for review when the issue raised is violation of
due process.
 If the penalty imposed is suspension exceeding thirty (30)
days, or fine in an amount exceeding thirty (30) days’ salary, the
same 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 AND PENALTIES

Section 50. Classification of Offenses. – Administrative

offenses with corresponding penalties are classified into grave, less
grave and light, depending on their gravity or depravity and effects on
the government service.

A. The following grave offenses shall be punishable by dismissal from

the service: 
1.    Serious Dishonesty; 
2.    Gross Neglect of Duty;
3.    Grave Misconduct;
4.    Being Notoriously Undesirable;
5.   Conviction of a crime involving moral turpitude; 
6.    Falsification of official document;
7.   Physical or mental disorder or disability due to immoral or vicious
habits;
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;
9.  Contracting loans of money or other property from persons with
whom the office of the employee has business relations;
10.  Soliciting or accepting directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of monetary value in the
course of one’s official duties or in connection with any operation
being regulated by, or any transaction which may be affected by the
functions of one’s office. The propriety or impropriety of the
foregoing shall be determined by its value, kinship, or relationship
between giver and receiver and the motivation. A thing of monetary
value is one which is evidently or manifestly excessive by its very
nature;
11.  Nepotism; and
12.  Disloyalty to the Republic of the Philippines and to the Filipino
people.

B.     The following grave offenses shall be punishable by suspension

of six (6) months and one (1) day to one (1) year for the first offense
and dismissal from the service for the second offense:

1.    Less serious dishonesty;  

2.    Oppression;
3.    Disgraceful and immoral conduct;
4.  Inefficiency and incompetence in the performance of official
duties;
5.    Frequent unauthorized absences (Habitual Absenteeism) 
6.  Habitual tardiness in reporting for duty causing prejudice to the
operations of the office;
7.     Loafing from duty during regular office hours; 
8.     Refusal to perform official duty;
9.     Gross Insubordination;
10.   Conduct Prejudicial to the Best Interest of the Service;
11.   Directly or indirectly having financial and material interest in
any transaction requiring the approval of one’s office. Financial and
material interest is defined as pecuniary or proprietary interest by
which a person will gain or lose something; 
12.  Owning, controlling, managing or accepting employment as
officer, employee, consultant, counsel, broker, agent, trustee, or
nominee in any private enterprise regulated, supervised or licensed
by one’s office, unless expressly allowed by law; 
13.  Disclosing or misusing confidential or classified information
officially known by reason of one’s office and not made available to the
public, to further one’s private interests or give undue advantage to
anyone, or to prejudice the public interest;

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

15.  Recommending any person to any position in a private enterprise

which has a regular or pending official transaction with one’s office,
unless such recommendation or referral is mandated by (1) law, or (2)
international agreements, commitment and obligation, or (3) as part of
the function of one’s office.
C. The grave offense of Inefficiency and Incompetence in the
performance of official duties may be punishable by Demotion. In this
case, the guilty person shall suffer diminution in salary corresponding
to the next lower salary grade with the same salary step.

D.The following less grave offenses are punishable by suspension of

one (1) month and one (1) day to six (6) months for the first offense;
and dismissal from the service for the second offense:
 
1.Simple Neglect of Duty;
2.Simple Misconduct; 
3.Discourtesy in the course of official duties; 
4.Violation of existing Civil Service Law and rules of serious nature; 
5.Insubordination;
6. Habitual Drunkenness; 
7. Unfair discrimination in rendering public service due to party
affiliation or preference; 
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;
9.Failure to resign from one’s position in the private business enterprise
within thirty (30) days from assumption of public office when conflict of
interest arises, and/or failure to divest oneself of one’s shareholdings or
interest in private business enterprise within sixty (60) days from
assumption of public office when conflict of interest arises; Provided,
however, that for those who are already in the service and conflict of
interest arises, the official or employee must either resign or divest
himself/herself of said interest within the periods hereinabove provided,
reckoned from the date when the conflict of interest had arisen; and
10. Engaging directly or indirectly in partisan political activities by one
holding non-political office.

E. The less grave offense of Simple Dishonesty is punishable by

suspension of one (1) month and one (1) day to six (6) months for the first
offense; six (6) months and one (1) day to one (1) year for the second
offense; and dismissal for the third offense.
 
F. The following light offenses are punishable by reprimand for the
first offense; suspension of one (1) to thirty (30) days for the second
offense; and dismissal from the service for the third offense:

1.    Simple discourtesy in the course of official duties;

2.    Improper or unauthorized solicitation of contributions from
subordinate employees and in the case of teachers or school officials from
school children;
3.    Violation of reasonable office rules and regulations;
4.    Habitual tardiness;
5.    Gambling prohibited by law;
6.    Refusal to render overtime service;
7.    Disgraceful, immoral or dishonest conduct prior to entering the service;
8.    Borrowing money by superior officers from subordinates;
9.  Willful failure to pay just debts or willful failure to pay taxes due to the
government;

The term “just debts” shall apply only to: 

a.   Claims adjudicated by a court of law, or

b.  Claims the existence and justness of which are admitted by the debtor.
10.   Lobbying for personal interest or gain in legislative halls and offices
without authority;
11.   Promoting the sale of tickets in behalf of private enterprises that
are not intended for charitable or public welfare purposes and even in
the latter cases, if there is no prior 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;
13.   Failure to process documents and complete action on documents
and papers within a reasonable time from preparation thereof, except as
otherwise provided in the rules implementing the Code of Conduct and
Ethical Standards for Public Officials and Employees; 
14.   Failure to attend to anyone who wants to avail himself/herself of
the services of the office, or act promptly and expeditiously on public
transactions;
 15.    Engaging in private practice of one’s profession unless
authorized by the Constitution, law or regulation or the head of the
office where the employee or official is assigned, and provided that
such practice will not conflict with one’s official functions.

16. Pursuit of private business, vocation or profession without the

permission required by Civil Service rules and regulations.
 Section 51. Other Specific Offense
 
The Offense of Sexual Harassment. - The specific acts
constituting grave, less grave and light sexual harassment are as
follows:
 
1. Grave Offenses punishable by dismissal from the service shall
include, but are not limited to:

a)unwanted touching of private parts of the body (inner thighs,

genitalia, buttocks and breast);
b)sexual assault;  
c)malicious touching;
d) requesting for sexual favor in exchange for employment, promotion,
local or foreign travels, favorable working conditions or assignments, a
passing grade, the granting of honors or scholarship, or the grant of
benefits or payment of a stipend or allowance; and
e) other analogous cases.

2. Less Grave Offenses shall include, but are not limited to:
a. unwanted touching or brushing against a victim’s body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or innuendoes directed
toward the members of one sex, or one’s sexual orientation or used to
describe a person;
d. verbal abuse with sexual overtones; and
e. other analogous cases.
3. Light Offenses shall include, but are not limited to:

a. surreptitiously looking at a person’s private part or worn

undergarments;

b. telling sexist/smutty jokes or sending these through text,

electronic mail or other similar means, causing embarrassment or
offense and carried out after the offender has been advised that they
are offensive or embarrassing or, even without such advise, when
they are by their nature clearly embarrassing, offensive or vulgar;

c. malicious leering or ogling;

d. display of sexually offensive pictures, materials or graffiti;

e. unwelcome inquiries or comments about a person’s sex life;

f. unwelcome sexual flirtation, advances, propositions;

g. making offensive hand or body gestures at an employee;

h. persistent unwanted attention with sexual overtones;

i. unwelcome phone calls with sexual overtones causing

discomfort, embarrassment, offense or insult to the receiver; and

j. other analogous cases.

For the purpose of these Rules, the administrative offense of sexual
harassment is further described in the following circumstances:

(a) Work-related sexual harassment is committed under the

following circumstances:

(1) submission to or rejection of the act or series of acts is used

as a basis for any employment decision (including, but not limited to,
matters related to hiring, promotion, raise in salary, job security,
benefits and any other human resource action) affecting the
applicant/employee; or

(2) the act or series of acts have the purpose or effect of

interfering with the complainant’s work performance, or creating an
intimidating, hostile or offensive work environment; or
3) the act or series of acts might reasonably be expected to cause
discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a co-employee, applicant, customer, or word
of the person complained of.

(b) Education or training-related sexual harassment is committed

against one who is under the actual or constructive care, custody or
supervision of the offender, or against one whose education, training,
apprenticeship, internship or tutorship is directly or constructively
entrusted to, or is provided by, the offender, when:

(1) submission to or rejection of the act or series of acts as a basis

for any decision affecting the complainant, including, but not limited to,
the giving of a grade, the granting of honors or a scholarship, the
payment of a stipend or allowance, or the giving of any benefit,
privilege or consideration; or
2) the act or series of acts have the purpose or effect of interfering
with the performance, or creating an intimidating, hostile or
offensive academic environment of the complainant; or
(3) the act or series of acts might reasonably be expected to cause
discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a trainee, apprentice, intern, tutee or
ward of the person complained of.

and may take place:

1. in the premises of the workplace or office or of the school or

training institution;

2. in any place where the parties were found as a result of work or

education or training responsibilities or relations;
3. at work or education or training-related social functions;

4. while on official business outside the office or school or

training institution or during work or school or training-related travel;

5. at official conferences, fora, symposia or training sessions; or

6. by telephone, cellular phone, fax machine or electronic mail.

Persons Liable for Sexual Harassment. - Any government official or
employee, regardless of sex, is liable for sexual harassment when he/she:

(a) directly participates in the execution of any act of sexual

harassment as defined by these Rules;

(b) induces or directs another or others to commit sexual harassment

as defined by these Rules;

(c) cooperates in the commission of sexual harassment by another

through an act without which the sexual harassment would not have been
accomplished;

(d) cooperates in the commission of sexual harassment by another

through previous or simultaneous acts.
B. Violations of RA 9485 or the Anti-Red Tape Act (ARTA). -
The specific acts constituting grave and light offenses as well as the
corresponding penalties under said law are as follows:

1. Grave Offense

a. Fixing and/or collusion with fixers in consideration of

economic and/or other gain or advantage.

Penalty - Dismissal and perpetual disqualification from public

service.
2. Light Offenses:

(a) Refusal to accept application and/or request within the

prescribed period or any document being submitted by a client;

(b) Failure to act on an application and/or request or failure to refer

back to the client a request which cannot be acted upon due to lack of
requirements within the prescribed period;

(c) 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;

(d) Failure to render frontline services within the prescribed period

on any application and/or request without due cause;
(e) Failure to give the client a written notice on the disapproval of
an application or request; and
(f) Imposition of additional irrelevant requirements other than those
listed in the first notice.
First Offense – Thirty (30) days suspension without pay and
mandatory attendance in Values Orientation
Program;
Second Offense – Three months suspension without pay
Third Offense - Dismissal and perpetual disqualification from
public service
Section 52. Penalty of Fine. – The following are the guidelines for
the penalty of fine:

1. The disciplining authority may allow payment of fine in place

of suspension if any of the following circumstances is present:

a. When the functions/nature of the office is impressed with

national interest such as those involved in maintenance of peace and
order, health and safety, education;
b. When the respondent is actually discharging frontline
functions or those directly dealing with the public and the human
resource complement of the office is insufficient to perform such
function;
c. When the respondent committed the offense without utilizing
or abusing the powers of his/her position or office; or
d. When the respondent has already retired or otherwise
separated from government service and the penalty of suspension
could not be served anymore, the fine may be sourced from the
accumulated leave credits or whatever benefits due the respondent.

2. The payment of penalty of fine in lieu of suspension shall be

available in Grave, Less Grave and Light Offenses where the penalty
imposed is for six (6) months or less at the ratio of one (1) day of
suspension from the service to one (1) day salary fine; Provided, that
in Grave Offenses where the penalty imposed is six (6) months and
one (1) day suspension in view of the presence of mitigating
circumstance, the conversion shall only apply to the suspension of six
(6) months. Nonetheless, the remaining one (1) day suspension is
deemed included therein.
3.The maximum period to pay the fine shall not exceed one (1) 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 part thereof shall
cause the reversion to the original penalty of suspension. As such,
respondent shall serve the original penalty of suspension imposed,
irrespective of the amount already paid.
5. Fine may be paid in equal monthly installments subject to the
following schedule of payment prescribed below: 
a)Fine equivalent to one (1) month salary shall be paid within two
(2) months; 
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 equivalent to five (5) months salary shall be paid within ten
(10) months; and
f)Fine equivalent to six (6) months salary shall be paid within twelve
(12) 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. 

Section 53. Mitigating and Aggravating Circumstances. – Except for

offenses punishable by dismissal from the service, the following may be
appreciated as either mitigating or aggravating circumstances in the
determination of the penalties to be imposed:
a)Physical illness;
b)Malice; 
c)Time and place of offense; 
d)Taking undue advantage of official position;
e)Taking undue advantage of subordinate; 
f)Undue disclosure of confidential information; 
g)Use of government property in the commission of the offense;
h)Habituality;
 
i) Offense is committed during office hours and within the premises
of the office or building; 
j) Employment of fraudulent means to commit or conceal the
offense;
k) First offense; 
l) Education;  
m) Length of service; or 
n) Other analogous circumstances.

In 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 substantial justice, may take and consider
these circumstances motu proprio.
Section 54. Manner of Imposition. – When applicable, the
imposition of the penalty may 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.
b) The medium of the penalty shall be imposed where no mitigating
and 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 where there are more mitigating
circumstances present; paragraph [b] shall be applied 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 its medium range of
penalty, to wit:
 
Penalty of suspension ranging from one (1) month and one (1) day to
six (6) months shall have three (3) months as its medium penalty;
and
 
Penalty of suspension ranging from six (6) months and one (1) day to
one (1) year shall have 9 months as its medium penalty.
Section 55. Penalty for Multiple Offenses. – If the respondent is
found guilty of two (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 of Administrative Penalties. – The

following rules shall govern the imposition of administrative penalties:

a. The penalty of dismissal shall result in the permanent separation

of the respondent from the service, without prejudice to criminal or civil
liability.
b. The penalty of demotion shall result in diminution of salary
corresponding to the next lower salary grade with the same salary step.

c. The penalty of suspension shall result in the temporary cessation

of work for a period not exceeding one (1) year.

Suspension of one day or more shall be considered a gap in the

continuity of service. During the period of suspension, respondent shall
not be entitled to all monetary benefits including leave credits. 

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 (1) year reckoned
also from the date when decision becomes final and executory.
e. The penalty of reprimand is an official rebuke against a
person’s behavior which does not carry any accessory penalty or
result in the temporary cessation of work. In the event the penalty
of reprimand was imposed on appeal as a result of modification of
the penalty of suspension or dismissal 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
dismissal.
Section 57. Administrative Disabilities Inherent in Certain
Penalties. The following rules shall govern in the imposition of
accessory penalties:
 
a)The penalty of dismissal shall carry with it cancellation of eligibility,
perpetual disqualification from holding public office, bar from taking
civil service examinations, and forfeiture of retirement benefits. 
Terminal leave benefits and personal contributions to GSIS, RBAS, or
other equivalent retirement benefits system shall not be subject to
forfeiture.
b) The penalty of demotion shall carry with it disqualification from
promotion for one (1) year.
c) The penalty of suspension shall carry with it disqualification from
promotion corresponding to the period of suspension.
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.
f) A warning or admonition shall not be considered a penalty.

Section 58. Effects of Exoneration on Certain Penalties. – The

following rules shall govern when the decision is for exoneration:

a)In case the penalty imposed is fine, the same shall be refunded. 

b)In case there is demotion, the respondent shall be restored to former

position, without loss of seniority rights. Respondent shall also be
entitled to the payment of salary differentials during the period the
demotion was imposed.
c) In case the penalty imposed is suspension, the respondent shall
immediately be reinstated to former post without loss of seniority
rights and with payment of back wages and all benefits which would
have accrued as if the respondent has not been illegally suspended.

d) In case the penalty imposed is dismissal, the respondent shall

immediately be reinstated without loss of seniority rights and with
payment of back wages and all benefits which would have accrued as
if the respondent has not been illegally dismissed.

e) The respondent who is exonerated on appeal shall be entitled to

the leave credits for the period the respondent had been out of the
service.

The grant of back wages and other benefits may be subject of

settlement and/or compromise.
 REMEDIES
 
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES

Section 59. Applicability. - In 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 to
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. Settlement 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;

b. Upon filing of the complaint, the disciplining authority or its

authorized representative motu proprio shall determine whether the
offense can be the subject of settlement. In the affirmative, the person
complained of shall be required to comment and indicate therein whether
he/she is willing to submit the case for settlement;
c. The person complained of may move for the settlement of the
complaint anytime before the issuance of the formal charge.
 
d. If the person complained of opts for settlement, the disciplining
authority or authorized representative shall issue an order
requiring the appearance of parties;
 
e. If settlement succeeds, a Compromise Agreement shall be
executed between the parties and attested by the disciplining
authority or authorized representative;
 
f. The Compromise Agreement shall be binding on the parties
which cannot be impugned unless it is proven that there was
duress or fraud in its execution on the part of any of the
parties;
g. A decision shall be issued by the disciplining authority based on
the Compromise Agreement which may include, among others,
the provisional dismissal of the complaint;
 
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 of the case; and

i. In case of non-compliance by the person complained of with the

Compromise Agreement, the case may be reopened for
investigation until its final determination.
 Rule 12
MOTION FOR RECONSIDERATION IN DISCIPLINARY CASES

Section 61. Filing. –The party adversely affected by the decision may
file a motion 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 deemed filed. – A motion for reconsideration sent
by registered mail shall be deemed filed on the date shown by the
postmark on the envelope 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

b. The decision is not supported by the evidence on record; or

c. Errors of law or irregularities have been committed prejudicial to

the interest of the movant.
 Section 64. Limitation. – Only one motion for reconsideration shall be
entertained. If a second motion for reconsideration is filed notwithstanding
its proscription under these Rules, 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 of fifteen (15) days shall
stay the execution of the decision sought to be reconsidered.
 Rule 13
APPEAL IN DISCIPLINARY CASES

Section 66. Filing. – Subject to Section 49 of these Rules,

decisions of disciplining authorities, imposing a penalty exceeding thirty
(30) days suspension or fine in an amount exceeding thirty (30) days
salary, may be appealed to the Commission within a period of fifteen
(15) days from receipt thereof. In case the decision rendered by a
bureau or office head is appealable to the Commission, the same may
be initially appealed to the department head and then finally to the
Commission and pending appeal, the same shall be executory except
when the penalty is dismissal from the service, in which case the same
shall be executory only after confirmation by the Secretary concerned.
 Section 67. When deemed filed. – An appeal 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.
 
An appeal, once perfected, cannot be withdrawn except upon motion
duly approved by the appellate body.
 
 
 Section 68. Perfection of an Appeal or a Petition for Review. – To
perfect an appeal or a petition for review, the appellant/petitioner shall
submit the following documents:
 
a. Memorandum containing the following:

1. grounds relied upon for the appeal/petition for review;

2. certified true copies of the assailed decision, resolution or order; and

3. certified true copies of the documents or evidence relevant to the

case.
 
The Memorandum shall be filed with the appellate authority, copy
furnished the disciplining authority. The latter shall submit the records of
the case, which shall be systematically and chronologically arranged, paged
and securely bound to prevent loss, with its comment, within fifteen (15)
days from receipt, to the appellate or higher authority.
b. Proof of service of a copy of the memorandum to the disciplining
office;
 
c. Proof of payment of the required fee; and
 
d. A statement or certificate of non-forum shopping.
 
If the appellant/petitioner 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 Filing. – Except for cases requiring confirmation
of the Department Secretary concerned and cases decided by the CSCROs,
an appeal/petition to the Commission shall not stop the decision/resolution
from being executory.
 
Section 70. Effect of Finding of Violation of Due Process - If on
appeal, the Commission finds that the disciplining authority violated
respondent-appellant’s right to due process, the Commission shall dismiss
the case against the respondent and order the immediate reinstatement of
the respondent with payment of back wages and other benefits. However,
the dismissal of the case shall be without prejudice on the part of the
disciplining authority to re-file it in accordance with law.
 Section 71. Petition for Review of CSC RO Decisions- All
Decisions/Resolutions rendered by CSCROs may be elevated to the
Commission by way of a petition for review within fifteen (15) days from
receipt thereof.
 
Section 72. Petition for Review of Decisions of Agencies –
Except in cases involving sexual harassment, a Decision/Resolution of
disciplining authority in an agency exonerating the respondent or
dismissing a complaint for lack of prima facie case or issuance of a formal
charge for a lower offense is not subject to appeal or petition for review
before the Commission.

Section 73. Petition for Review with the Court of Appeals. – 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.
 Rule 14
PAYMENT OF BACK WAGES AND OTHER SIMILAR BENEFITS

Section 74. Who are Entitled. – The following are entitled to

back wages and other similar benefits:
 
a.An illegally dismissed or suspended official or employee who is
exonerated/reprimanded and ordered reinstated in the service; and
 
b. A respondent placed under preventive suspension, whose order
of suspension was declared by the Commission as invalid.
 Section 75. What 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:
 
a.Salaries from the time the official or employee was illegally
dismissed /suspended up to the time of actual reinstatement;
b.Representation and Transportation Allowance (RATA) as provided
under existing rules;
c.Personnel Economic Relief Allowance/Additional Compensation
Allowance (PERA/ACA);
d.Restoration of Leave Credits;
e.Loyalty Award;
f.Anniversary Bonus;
g. 13th, 14th Month Pay and Cash Gift;
 
h. Uniform/Clothing Allowance;
 
i. Performance-based Bonus; and
 
j. Other similar benefits given to regular employees by the agency
 Section 76. Guidelines. – The following are the guidelines on the grant
of back wages and other similar benefits to an illegally dismissed /
suspended employee:
 
a.The payment of back wages should be computed based on the rate of
salary grade/job grade/pay level/pay grade of the respondent at the time of
dismissal or suspension including the increases in salary, allowances and
other emoluments that may occur during the period the employee was
prevented from rendering service.
 
b. For entitlement to RATA, subject to existing rules and regulations, the
requirement of actual performance of duty to an illegally dismissed or
suspended respondent is dispensed with since it is unreasonable to
expect or demand from the performance of his/her functions when
the circumstances prevent one from doing so.
 
c. PERA/ACA refers to the amount granted to civilian government
personnel, whether occupying regular, contractual or casual positions,
appointive or elective, whose positions are covered by RA 6758, as
amended.
 
d. The restoration of leave credits shall be subject to annual deductions
of five (5) days forced leave/mandatory leave as required under the
Omnibus Rules on Leave.
 
e. For purposes of Loyalty award given to all officials/employees in
the government who have rendered at least ten (10) years of
continuous and satisfactory service in the government pursuant
to CSC MC 6, s. 2002, the period under which the respondent
was illegally dismissed or suspended should not be considered as
a gap in the service. The same should be included in the
computation of his/her length of service.
 
f. Anniversary bonus is given during milestone years. A milestone
year refers to the 15th anniversary and every fifth year thereafter.
Respondents who have been illegally dismissed or suspended
during the milestone years shall be entitled to the payment of
anniversary bonus.
g. 13th/ 14th month pay is equivalent to one (1) month basic salary
and Cash Gift under existing laws or as provided in the General
Appropriations Act (GAA).
 
h. Uniform or clothing allowance refer to the amount granted per
year to each qualified official or employee as provided in the GAA.
 
i. Bonuses based on performance shall be given on the basis of the
rating of the employee prior to one’s illegal dismissal or
suspension from the service.

An illegally dismissed or suspended official or employee or a

respondent who is exonerated or reprimanded is entitled to the
payment of the aforementioned benefits from the time of illegal
termination up to actual reinstatement.
 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.
 
Payment of 13th/ 14th month pay, Cash Gift, Anniversary Bonus, and
other additional bonus given by the agency which exceeds the ceiling tax
exemption shall be subject to withholding tax.
 RULE 15
REMOVAL OF ADMINISTRATIVE PENALTIES
OR DISABILITIES

Section 78. Recommendation for Removal of Administrative

Penalties or Disabilities; Requirements. – In meritorious cases and
upon recommendation of the Commission, the President may commute
or remove administrative penalties or disabilities imposed upon an
official or employee in disciplinary cases, subject to such terms and
conditions as the President may impose in the interest of the service.
 Subject to existing procedures, a petition for a favorable
recommendation for the grant of removal of administrative penalties or
disabilities may be filed by a dismissed official or employee with the
Commission upon submission of the following:
 
a.certified true copy of the decision or resolution in the disciplinary
case;

b.favorable recommendation by the disciplining authority or head of

office from which he/she was dismissed;

c.affidavit or certification from reputable members of the community

where he/she resides that he/she is a good parent/family member and/or
neighbor, law- abiding and active member of community and civic
organizations;

d.proof of non-pendency of an appeal/petition for review relative to

one’s disciplinary case before any court/tribunal; and

e.proof of payment of filing fee.

 Section 79. Guidelines. -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 community;
 
b. A minimum 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;
c. The petitioner seeking the removal of administrative penalties or
disabilities must have recognized/accepted his/her guilt in
his/her petition to show that he/she is repentant/remorseful of
the consequences of his/her act, in addition to the above-
mentioned requirements;
 
d. In cases where petitioners are 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. In cases where the person is found guilty of depriving the
government of money or property, restitution shall be required
before the Commission can favorably recommend the removal
of administrative penalties or disabilities.
 Section 80. Conduct of Background Investigation and
Submission of Recommendation. - Upon receipt of a request
sufficient in form and substance, the Commission may refer the same
to the appropriate CSC RO for the conduct of background investigation
and submission of recommendation within sixty (60) days from receipt
of the directive.
 
Section 81. The Effects on the Removal of
Administrative Penalties or Disabilities. Subject to existing laws
and regulations, the grant of the request shall result in the restoration
of the subject employee’s privilege to be employed in the government
service, unless the President specifically orders otherwise.
 
Restoration of civil service eligibility shall not apply to
those who were found guilty of any form of examination irregularity.
 CONTEMPT OF THE COMMISSION
 
Rule 16
PROCEDURE FOR CONTEMPT

Section 82. Contumacious/Contemptuous Acts Punishable –

Any person found guilty of disobedience of or resistance to a lawful
writ, process, order, decision, resolution, ruling, summons, subpoena,
command or injunction of the Commission may be punished for
indirect contempt.
 
Section 83. How proceedings are commenced – Proceedings
for indirect contempt may be initiated motu proprio by the Commission
by an order requiring the respondent to show cause why he/she should
not be punished for indirect contempt. A motion 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
Commission 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 the 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, if found guilty– If the respondent is
adjudged guilty of indirect contempt committed against the
Commission, he/she may be punished by a fine of One Thousand
(P1,000.00) Pesos per day for every act of indirect contempt and/or
suspension for one (1) month up to a maximum period of six (6)
months.
The finding of guilt for indirect contempt shall not bar the filing of
another indirect contempt case for the same 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
INVALIDATION OR DISAPPROVAL OF APPOINTMENT

Section 86. Invalidation or Disapproval; Who May Appeal;

Effect. – Either the appointing authority or the appointee may assail the
invalidation or disapproval of an appointment. Pending resolution of the
appeal before the CSC, the appointee shall remain in his/her 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 vacant position resulting from promotion only after
the CSC has approved/validated the promotional appointment.
 Section 87. – Evaluation of Qualification of Appointee. – For
purposes of evaluation of the qualification of the appointee, his/her
qualification shall be reckoned from the time of the issuance of the
appointment.
 
Section 88. Where and When to File. – Subject to the requirement
of Rule 13 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 CSCRO may be appealed to the Commission within the
fifteen (15)-day reglementary period.
 
To facilitate prompt actions on invalidated or disapproved appointments,
motions for reconsideration filed with the CSC FO shall be treated as an
appeal to the CSC RO and a motion for reconsideration at the CSC RO will be
treated as a Petition for Review to the Commission and all the records
thereof including the comments of the CSC FO or CSC RO shall, within ten
(10) days from receipt of the latter, be forwarded to the CSC RO or the
Commission as the case may be.
 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
qualification requirements.
 
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 to File.– Protest may be filed within fifteen
(15) days from the 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 appointment 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 thereof, by the
CSC FO, CSC RO or the Commission, 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
subject to appeal by the appointee or to automatic review by the
concerned CSC RO. The appointing authority shall within 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. When Deemed Filed – A protest is deemed filed, in
case the same is sent by registered mail or private courier service, on
the date stamped 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 Withdrawal of Protest. – 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 – In 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 following:
 
a. Statement of duties or job description of the contested position;
 
b. Duly accomplished and updated personal data sheets of the parties
with certified statement of service records attached;
 
c. Certified copy of the protested appointment; and
 
d.    Comparative assessment of the qualifications of the protestant and
protestee.
 Section 96. Dismissal of Protest – A protest shall be dismissed on
any of the following grounds:
 
a. The protestant is not qualified next-in-rank;
 
b.   The protest is not directed against a particular protestee but
to “anyone who is appointed to the position” or directed to two or
more protestees;
 
c. No appointment has been issued; or  
 
d.   The protest is filed outside of the 15-day reglementary period.
 Section 97. Finality of Decision. – A Decision or Resolution
denying a protest shall become final and executory after fifteen (15)
days from receipt thereof and no motion for reconsideration, appeal
or petition for review has been filed.
 
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 99. Recall of Approval/Validation of Appointment; Who may File
– The Commission, or any of its CSC RO or CSC FO, motu proprio or
upon petition by any person may initiate the recall of approval/validation
of an appointment of an official or employee who does not meet the
requisite qualification standards of the position or on the ground that the
appointment was issued in violation of existing civil service laws, rules,
and regulations.

Section 100. When and Where to File. – The petition may 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.

Section 101. Effect on the Appointment. – During the pendency of a

petition to recall the approval/validation of an appointment, the
appointee shall remain and continue to discharge the functions of the
position.
Section 102. Finality of Decision – A Decision or Resolution on the
petition to recall the approval of the appointment shall become final
and executory after fifteen (15) days from receipt thereof and no
motion for reconsideration or appeal or petition for review has been
filed.

Section 103. Effect of Decision– When the petition to recall the

approval/validation of an appointment is finally decided 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 reverted to his/her former
position, if applicable.
 Rule 19
CORRECTION OF PERSONAL INFORMATION IN
THE RECORDS OF THE COMMISSION

Section 104. When and Where to File. – Request for correction of

personal information shall be filed before retirement or on
meritorious grounds, one (1) year thereafter, with the CSCRO
exercising jurisdiction, and which request shall be acted upon within
fifteen (15) days from receipt. Copies of the Order or Resolution
issued by the concerned CSCRO shall be submitted to the Integrated
Records Management Office (IRMO) as the repository of all human
resource records.

Section 105. Required Documents. – The following documents shall

be submitted together with the request:

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 court order;
b. Personal Affidavit of Discrepancy; and

c. Photocopy of documents sought to be corrected.

A filing fee shall be paid and a receipt thereof shall be attached to the
request.

Section 106. Supporting Documents. - When the submitted

Certificate of Live Birth is issued on the basis of late registration,
original or duly authenticated supporting documents must be
submitted, in addition to the requirements enumerated in the
immediately preceding section, to warrant the correction or change
of information in the records of the Commission, to wit:
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 from 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 may be dropped from the
rolls within thirty (30) days from the time a ground therefor arises
subject to the following procedures:

a. Absence Without Approved Leave

1. An official or employee who is continuously absent without

official leave (AWOL) for at least thirty (30) working days may be
dropped from the rolls without prior notice which shall take effect
immediately.
He/she shall, however, have the right to appeal his/her separation
within fifteen (15) days from receipt of the notice of separation which
must be sent to his/her last known address.
2. If the number of unauthorized absences incurred is less than
thirty (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/her part 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 him/her from the rolls.

3. If it is clear under the obtaining circumstances that the

official or employee concerned, has established a scheme to
circumvent the rule by incurring substantial absences though less
than thirty (30) working days, three (3) times in a semester, such
that a pattern is already apparent, dropping from the rolls without
notice may likewise be justified.

In the determination of whether the absences incurred are

substantial, circumstances that would affect the delivery of service
shall be taken into consideration.
b. Unsatisfactory or Poor Performance

1. Employees who obtained Unsatisfactory rating for one rating

period or exhibited poor performance within the first three (3)
months of the rating period shall be provided appropriate
developmental intervention by the Head of Office and supervisor
(Division/Unit Head), in coordination with the HRM Office/Personnel
Office, to address competency-related performance gaps.

If after advice and provision of developmental intervention,

the employee still obtains Poor rating for the remaining months of
the rating period or Unsatisfactory rating in the immediately
succeeding rating period, he/she may be dropped from the rolls.
2. An officer or employee who is given two consecutive
Unsatisfactory ratings may be dropped from the rolls after due
notice. Notice shall mean that the officer or employee concerned is
informed in writing of his/her unsatisfactory performance for a
semester and is sufficiently warned that a succeeding unsatisfactory
performance may warrant his/her separation from the service. Such
notice shall be given not later than thirty (30) days from the end of
the semester and shall contain sufficient information which shall
enable the officer or employee to prepare an explanation within a
reasonable period specified in the notice. This period shall not apply
to probationary employees as defined under Section 4 (v) of this
Rules.
3. An officer or employee, who for one evaluation period is
rated Poor in performance, may be dropped from the rolls provided
he/she has been informed in writing of the status of his/her
performance within fifteen (15) days after the end of 3rd month with
sufficient warning that failure to improve his/her performance within
the remaining period of the semester shall warrant his/her separation
from the service. Such notice shall also contain sufficient information
which shall enable the officer or employee to prepare an explanation
within a reasonable period specified in the notice.
c. Physical Unfitness

1. An officer or employee who is continuously absent for more

than one (1) year by reason of illness may be declared physically unfit
to perform his/her duties and may be consequently dropped from the
rolls.

2.An officer or employee who is intermittently absent by reason of

illness for at least two hundred sixty (260) working days during a
twenty four (24)-month period may also be declared physically unfit
by the head of office.

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.
d. Mental Disorder

An officer or employee who is behaving abnormally for an extended

period, which may manifest continuing mental disorder shall be
provided necessary human resource and psychological interventions.
If after interventions, continued abnormal behavior/ mental disorder
is manifested, as reported by his or her co-worker or immediate
supervisor and confirmed by a licensed psychiatrist, the officer or
employee may be dropped from the rolls.

If the 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
psychiatrist.
Section 108. Written Notice; Who 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 immediate
supervision over the officer or employee. However, the notice of
separation shall be signed by the appropriate appointing authority or
head of office.

Section 109. Order of Separation through Dropping from the Rolls;

Immediately Executory – The agency shall not entertain motion for
reconsideration from the order of separation through dropping from
the rolls. The employee shall appeal directly to the Commission
Proper within fifteen (15) days from receipt of the order. Pending
appeal the order of separation is immediately executory.
Section 110. Dropping From the Rolls; Non-disciplinary in Nature-
This mode of separation from the service for unauthorized absences
or unsatisfactory 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
disqualification from reemployment in the government.
 Rule 21
REMEDIES IN NON-DISCIPLINARY CASES

Section 111. Remedies in non-disciplinary cases. The aggrieved

party in non-disciplinary cases may avail of the applicable remedies
provided for under Rules 12 and 13 unless otherwise provided by law
or these Rules.

All actions of CSCROs or other offices within CSC may be brought to

the Commission Proper by way of a petition for review.

Section 112. Effects of Decisions of the Commission on Appeal or

Petition for Review. – Where the Commission sets aside or reverses a
decision, the effect shall be as follows:

a. Dropping from the Rolls – the employee shall be reinstated

immediately to his/her former post with payment of back wages and
other monetary benefits;
b. Illegal Termination - the employee shall be reinstated with
payment of back wages and other monetary benefits;

c. Disapproval, Invalidation, and Revocation of Appointments -

the appointee shall remain in that position.

d. Reassignment, Transfer, Detail, or Secondment – the

employee shall be restored to former position; and

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

Section 113. Deputation of Lawyers of Other Agencies . – The

Commission may deputize lawyers of other agencies and similar
officials to conduct preliminary and formal investigation and to make
the necessary report and recommendation within the period specified
in Sections 21 and 47.

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 114. Execution of CSC RO Decisions. – The decisions of the

CSCROs shall be immediately executory after fifteen (15) days from
receipt thereof, unless a motion for reconsideration or a petition for
review is seasonably filed with the Commission, in which case the
execution of the decision shall be held in abeyance.
Section 115. Execution of the Decisions of the Commission– The
decisions of the Commission shall be immediately executory after
fifteen (15) days 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 CSCROs shall monitor and assist in the effective
and immediate implementation of these decisions.

Section 116. Effect of Pendency of Petition for Review/Certiorari

with the Court. – The filing and pendency of a petition for review with
the Court of Appeals or certiorari with the Supreme Court shall not
stop the execution of the decision of the Commission unless the
Court issues a restraining order or an injunction.
Section 117. Non-execution of Decision. – Any officer or employee
who willfully refuses or fails to implement the final resolution,
decision, order or ruling of the Commission to the prejudice of the
public service and the affected party, may be cited in indirect
contempt of the Commission and may be administratively charged
with Conduct Prejudicial to the Best Interest of the Service or Neglect
of Duty or be held criminally liable under Section 67 of Book V of
Executive Order No. 292, otherwise known as the Administrative
Code of 1987.

Section 118. Computation of Period. – In computing any period of

time prescribed by these Rules, the first day shall be excluded and
the last day included unless it be a Saturday, a Sunday, or a legal
holiday or a special non-working day, in which case the period shall
run until the end of the next working day.
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 from
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.

Section 119. Presumptive Notice - Service of Order and service of

processes through private couriers. –

(a) There shall be presumptive Notice to a party of a

Commission’s Notice or Order on any of the following instances:
1. In cases under formal investigation, 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 National Capital Region, or at least seventy-five
(75) days if the addressee is from outside the National Capital
Region, for cases before the Commission Proper.

In 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;
comment/answer on a pending action and/or transmit case records;
file their respective position papers; and other analogous matters,
after fifty-five (55) days from date of mailing, 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 from outside the
National Capital Region, for cases before the Commission Proper.

In 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 Item 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 compliance 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 service, 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 120. Reconsideration from the Commission’s action based
on presumptive notice. – In the event that the Commission renders
an action, decision or resolution based on presumptive notice to a
party, said party may move for reconsideration thereof within fifteen
(15) days from notice, subject to the following requirements:

1. In cases under Item 2 of the preceding section, by showing

proof of actual receipt of Notice or Order which falls on a date after
the lapse of fifty-five (55) days from the date of mailing as appearing
in the case record if the addressee is from within the National Capital
Region, or after seventy-five (75) days if the addressee is from
outside the National Capital Region, for cases before the Commission
Proper.
2. In cases before the Civil Service Commission Regional Offices, by
showing proof of actual receipt of Notice or Order which falls on a
date after the lapse of fifty-five (55) days from the date of mailing
as appearing in the case 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.

Section 121. Fees and Other Charges. Reasonable fees and other
charges shall be provided in separate issuances that the
Commission shall promulgate as it may deem fit.
 RULE 23
EFFECTIVITY AND SEPARABILITY

Section 122. Repealing Clause. The Revised Rules on

Administrative Cases in the Civil Service as prescribed in CSC
Resolution No. 11-01502 dated November 08, 2011, CSC Resolution
No. 01-0940 dated May 21, 2001 and all other memorandum
circulars, resolutions, rules regulations, inconsistent with these Rules
are hereby or repealed or modified accordingly.

Section 123. Separability. If any portion of these Rules is declared

unconstitutional or invalid by competent authority, the other
provisions not otherwise affected shall remain in full force and effect.
Section 124. Transitory. The provisions of the existing RRACCS shall
continue to be applied to all pending cases which were filed prior to
the effectivity of these Rules, provided it will not unduly prejudice
substantive rights.

Section 125. Effectivity. These Rules shall take effect after fifteen
(15) days from date of publication in the Official Gazette, or in a
newspaper of general circulation.