Professional Documents
Culture Documents
1999
MEMORANDUM CIRCULAR
TO:
Section 2.
The Civil Service Commission, through Resolution No. 99-1936 dated August
31,1999. adopted the new Uniform Rules in Administrative Cases in the Civil
Service which will govern the conduct of disciplinary and non-disciplinary
proceedings in administrative cases brought before this Commission and/or other
government agencies, except where special law provides otherwise,
The said resolution was published in the Manila Standard on September 11.
1999 and thus it will take effect on September 27, 1999. In this regard, all concerned
are enjoined to follow strictly the said new Rules.
b.
a.
c.
d.
e.
f.
g.
h.
CIVIL SERVICE is the generic term which refers to all men and
women in all branches, subdivisions, instrumentalities and
agencies of the Government, including government-owned or
controlled corporations with original charters.
COMMISSION refers to the Civil Service Commission (Central
Office and Regional Offices).
COMMISSION PROPER refers to the Civil Service
Commission-Central Office.
CIVIL SERVICE REGIONAL OFFICES refer to the sixteen
(16) Civil Service Regional Offices and those which may be
subsequently created, each headed by a Regional Director.
DEPARTMENT refers to any of the executive departments or
entities having the category of a department, including the
judiciary and the other constitutional commissions, and offices.
AGENCY refers to any bureau, office, commission,
administration, board, committee, institute, corporation with
original charter, state universities and colleges, or any other unit of
the national government as well as provincial, city or municipal
government.
DISCIPLINING AUTHORITY refers to the person, tribunal or
body duly authorized to suspend, dismiss or discipline officials and
employees in the Civil Service.
APPOINTING AUTHORITY refers to the person or body duly
authorized to issue appointments in the civil service.
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i.
Section 4.
Section 5.
Section 6.
Section 8.
Section 10. Withdrawal of the Complaint. The withdrawal of the complaint does
not result in its outright dismissal nor discharge the person complained
of from any administrative liability. Where there is obvious truth or
merit to the allegation in the complaint or where there is documentary
evidence that would tend to prove the guilt of the person complained
of, the same should be given due course.
Section 11. Action on the Complaint. Upon receipt of a complaint which is
sufficient in form and substance, the disciplining authority shall require
the person complained of to submit a Counter-Affidavit/Comment
under oath within three (3) days from receipt.
Section 12. Preliminary Investigation. A Preliminary Investigation involves the
ex parte examination of records and documents submitted by the
complainant and the person complained of, as well as documents
readily available from other government offices. During said
investigation, the parties are given the opportunity to submit affidavits
and counter-affidavits.
Failure of the person complained of to submit his counter affidavit shall
be considered as a waiver thereof.
Thereafter, if necessary, the parties may be summoned to a conference
where the investigator may propound clarificatory and other relevant
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questions.
Upon receipt of the counter-affidavit or comment under oath, the
disciplining authority may now determine whether a prima facie case
exist to warrant the issuance of a formal charge.
A fact-finding investigation may be conducted further or prior to the
preliminary investigation for the purpose of ascertaining the truth. A
preliminary investigation necessarily includes a fact-finding
investigation.
For this purpose, preliminary investigation may be entrusted by the
Commission to lawyers of other agencies pursuant to Section 79.
Section 13. Duration of the Investigation. A preliminary investigation shall
commence not later than five (5) days from receipt of the complaint by
the disciplining authority and shall be terminated within thirty (30)
days thereafter.
Section 14. Investigation Report. Within five (5) days from the termination of
the preliminary investigation, the investigating officer shall submit the
Investigation Report and the complete records of the case to the
disciplining authority.
Section 15. Decision or Resolution After Preliminary Investigation. If a prima
facie case is established during the investigation, a formal charge shall
be issued by the disciplining authority A formal investigation shall
follow.
In the absence of a prima facie case, the complaint shall be dismissed.
Section 16. Formal Charge. After a finding of a prima facie case, the
disciplining authority shall formally charge the person complained of.
The formal charge shall contain a specification of charge(s), a brief
statement of material or relevant facts, accompanied by certified true
copies of the documentary evidence, if any, sworn statements covering
the testimony of witnesses, a directive to answer the charge(s) in
writing under oath in not less than seventy-two (72) hours from receipt
thereof, an advice for the respondent to indicate in his answer whether
or not he elects a formal investigation of the charge(s), and a notice that
he is entitled to be assisted by a counsel of his choice.
If the respondent has submitted his comment and counter-affidavits
during the preliminary investigation, he shall be given the opportunity
to submit additional evidence.
The disciplining authority shall not entertain requests for clarification,
bills of particulars or motions to dismiss which are obviously designed
to delay the administrative proceedings. If any of these pleadings are
CSC MC 19 Uniform Rules on Administrative Cases in the Civil Service
dishonesty;
oppression;
grave misconduct;
neglect in the performance of duty; or
if there are reasons to believe that the respondent is guilty of
charges which would warrant his removal from the service.
Stipulation of facts;
Simplification of issues;
Identification and marking of evidence of the parties;
Waiver of objections to admissibility of evidence;
Limiting the number of witnesses, and their names;
Dates of subsequent hearings; and
Such other matters as may aid in the prompt and just resolution of
the case.
The parties may submit position paper/memoranda and submit the case
for resolution based on the result of the pre-hearing conference without
any need for further hearings.
Section 24. 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.
Where no pre-hearing conference is conducted, the parties, their
counsel and witnesses, if any, shall be given a notice of at least five (5)
CSC MC 19 Uniform Rules on Administrative Cases in the Civil Service
days before the first scheduled hearing specifying the time, date and
place of the said hearing and subsequent hearings. Thereafter, the
schedule of hearings previously set shall be strictly followed without
further notice. A party shall be granted only three (3) postponements
upon oral or written requests. A fourth postponement may be granted
only upon written request and subject to the discretion of the
disciplining authority.
If the respondent fails or refuses to appear during the scheduled
hearings despite due notice, the investigation shall proceed ex parte and
the respondent is deemed to have waived his right to be present and to
submit evidence in his favor during those hearings.
Section 25. Preliminary Matters. At the start of the hearing, the hearing officer
shall note the appearances of the parties and shall proceed with the
reception of evidence for the complainant.
If the respondent appears without the aid of a counsel, he shall be
deemed to have waived his right thereto.
Before taking the testimony of a witness, the hearing officer shall place
him under oath and then take his name, address, civil status, age, and
place of employment.
A sworn statement of a witness(es) properly identified and affirmed
shall constitute his direct testimony, copy furnished the other party.
Clarificatory questions may also be asked.
Section 26. Appearance of Counsel. Any counsel appearing before any hearing
or investigation shall manifest orally or in writing, his appearance for
either the respondent or complainant, stating his full name, IBP receipt
and exact address where he can be served with notices and other
pleadings. Any pleading or appearance of a counsel without complying
with the above stated requirements shall not be recognized.
Section 27. Order of Hearing. Unless the Hearing Officer directs otherwise, the
order of hearing may be as follows:
a.
b.
c.
d.
e.
The prosecution shall present its evidence subject to the prehearing agreement;
Cross-examination by the party;
There may be redirect and re-cross examination;
The respondent shall then offer evidence in support of his defense
following the same order;
Rebuttal and sur-rebuttal, if any.
When the presentation of evidence has been concluded, the parties shall
formally offer their evidence either orally or in writing and thereafter
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b.
Section 35. 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 with the
disciplining authority. The complete records of the case shall be
attached to the Report of Investigation.
The complete records shall be systematically and chronologically
arranged, paged and securely bound to prevent loss. A table of contents
shall be prepared. Whoever is in-charge of the transmittal of the
complete records shall be held responsible for any loss or suppression
of pages thereof.
Section 36. When Case is Decided. The disciplining authority shall render his
decision on the case within thirty (30) days from receipt of the Report
of Investigation.
Section 37. Finality of Decisions. A decision rendered by heads of agencies
whereby a penalty of suspension for not more than thirty (30) days or a
fine in an amount not exceeding thirty (30) days salary is imposed,
shall be final and executory However, 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 III
REMEDIES
Section 38. Filing of Motion for Reconsideration. 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.
Section 39. When deemed filed. A motion for reconsideration sent by 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 by the proper office.
Section 40. Grounds for Motion for Reconsideration. The motion for
reconsideration shall be based on any of the following:
a.
b.
c.
Section 41. Limitation. Only one motion for reconsideration shall be entertained.
Section 42. 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.
Section 43. Filing of Appeals. Decisions of heads of departments, agencies,
provinces, cities, municipalities and other instrumentalities imposing a
penalty exceeding thirty (30) days suspension or fine in an amount
exceeding thirty days salary, may be appealed to the Commission
Proper 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 finally to the Commission Proper. Pending appeal, the same
shall be executory except where the penalty is removal, in which case
the same shall be executory only after confirmation by the Secretary
concerned.
A notice of appeal including the appeal memorandum shall be filed
with the appellate authority, copy furnished the disciplining office. 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, to the appellate
authority.
Section 44. When deemed filed. An appeal sent by 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 by the proper office.
Section 45. Appeal Fee. The appellant shall pay an appeal fee of Three Hundred
Pesos (P300.00) and a copy of the receipt thereof shall be attached to
the appeal. Section 46. Perfection of an Appeal. To perfect an appeal,
the appellant shall within fifteen (15) days from receipt of the decision
submit the following:
a.
b.
c.
d.
a.
disciplining office;
Proof of payment of the appeal fee; and
A statement or certificate of non-forum shopping.
Section 50. Petition for Review with the Court of Appeals. A party may elevate a
decision of the Commission before the Court of Appeals by way of a
petition for review under Rule 43 of the 1997 Revised Rules of Court.
Section 51. Recommendation for an Executive Clemency. In meritorious cases
and upon recommendation of the Commission, the President may
commute or remove administrative penalties or disabilities imposed
upon officers or employees in disciplinary cases, subject to such terms
and conditions as he may impose in the interest of the service.
For this purpose, a petition for a favorable recommendation for the
grant of executive clemency may be filed by a dismissed or disciplined
employee with the Commission Proper upon submission of the
following:
a.
b.
c.
d.
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16.
17.
Physical illness
Good faith
Taking undue advantage of official position
Taking undue advantage of subordinate
Undue disclosure of confidential information
Use of government property in the commission of the offense
Habituality
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b.
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f.
1.
Cancellation of eligibility
Forfeiture of retirement benefits
Disqualification for reinstatement or reemployment
Disqualification for promotion
Bar from taking any Civil Service examination
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h.
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c.
d.
e.
PROTEST
Section 60. Who may File a Protest and Where to File. A qualified next-in-rank
employee may file a protest with the appointing authority or with the
Civil Service Regional Office against an appointment made in favor of
another who does not possess the minimum qualification requirements.
However, any protest against appointments to third level position shall
be filed with the Commission Proper.
Section 61. Form and Content of Protest. The protest shall be subscribed and
sworn to and written in clear, unequivocal and concise language. It
shall contain the following:
a.
b.
c.
d.
Section 62. When to File a Protest. The protest may be filed within fifteen (15)
days from the issuance of the appointment or promotion. In cases
where the protest is filed with the Commission, the protestant shall
furnish the appointing authority, a copy of his protest and submit proof
of service thereof.
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.
Section 63. Effect of Protest on the Appointment. A protest shall not render an
appointment ineffective nor stop the approval thereof, by the Civil
Service Field or Regional Office, but the approval shall be subject to
the final outcome of the protest.
Section 64. 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.
CSC MC 19 Uniform Rules on Administrative Cases in the Civil Service
Section 65. When Protest is Deemed Filed. A protest is deemed filed, in case the
same is sent by mail, on the postmark date on the envelope 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 66. Transmittal of Records. In cases where the protest is filed with the
Commission, the head of department or agency shall forward his
comment and the records of the case within ten (10) 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.
b.
c.
d.
c.
d.
e.
f.
g.
Section 68. Finality of Decision. Decision on a protest case shall become final
after fifteen (15) days from receipt thereof.
Section 69. Available Remedies.
a.
b.
In cases where the protest is filed with the Civil Service Regional
Office, a motion for reconsideration may be filed with the same
office within fifteen (15) days from the receipt of the adverse
decision then to the Commission Proper within the same period.
Section 75. Effect of Decision. Where the Commission, on appeal, sets aside,
modifies or reverses the decision whereby an employee was dropped
from the rolls, he shall be reinstated immediately to his former post
with payment of back salaries and other money benefits.
The protestant shall furnish a copy of his protest to the head of agency
concerned who shall submit his comment to the Civil Service Regional
Office within ten (10) days.
Section 70. Effect of Decision. In case the protest is finally decided against the
protestee, the approval of his appointment shall be recalled and the
appointment shall be considered disapproved. The protestee shall be
reverted to his former position, if applicable.
B.
C.
Section 76. Where to file. Requests for correction of name, date of birth, place of
birth and other personal information in the records of the Civil Service
Commission shall be filed with the Civil Service Regional Office
concerned and with the following documents:
a.
b.
c.
A filing fee of One Hundred Pesos (P100.00) shall be paid and a receipt
thereof shall be attached to the request.
Section 77. Available Remedies. In case of denial of the request for correction of
personal information, the requesting party may within fifteen (15) days
from receipt thereof, file a motion for reconsideration with the same
regional office. An appeal may thereafter be filed with the Commission
Proper within the same period after payment of the appeal fee of Three
Hundred Pesos (P300.00).
RULE VI
MISCELLANEOUS PROVISIONS
Section 74. Grounds for Dismissal. -An appeal involving non-disciplinary cases
shall be dismissed on any of the following grounds:
a.
b.
c.
Section 78. Schedule of Filing Fees.- The following are the schedule of fees
subject to the revision from time to time when the need arises:
a.
b.
Appeal P 300.00
Protest P 300.00
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c.
d.
e.
f.
Section 79. Deputization by CSC of other lawyers.- 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 13 and 22.
Section 80. Execution of Decision. The decisions of the Commission Proper or its
Regional Offices 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.
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