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REMEDIES AVAILABLE FOR DISCIPLINARY CASES

1. SETTLEMENT

When applicable: In case of LIGHT OFFENSES, provided it is purely personal and no


apparent injury to Government (only applicable for 1st Offense)

Procedure:
The Disciplining Authority shall determine whether the offense can be the subject of
settlement.

If yes, the person complained of is required to submit a comment and indicate therein if
he is willing to submit oneself for settlement. (Note: Before issuance of Formal Charge)

If he opted, the Disciplining Authority shall issue an order requiring the appearance of
the parties wherein a Compromise Agreement shall be executed. After executing the
Compromise Agreement, there would be a provisional dismissal of complaint.

In case of non-compliance with the terms of the Compromise Agreement, the case will
be reopened for investigation.

2. MOTION FOR RECONSIDERATION

Who can file: The party adversely affected by the rendered decision

When to file: Within 15 days from the receipt of decision

When deemed filed: Sent by registered mail or private courier service, date stamped on
the envelope or courier pack

Grounds for filing:


1. New evidence has been discovered which is material to the case
2. Decision is not supported by evidence on record
3. Error of law or irregularities

3. APPEAL

When: Appealable to the Commission within 15 days from the receipt of decision

Once perfected, cannot be withdrawn except upon motion duly approved by the
appellate body

How perfected:
Submission of the following:
a. Memorandum containing the following:
>Grounds relied upon appeal/petition for review
>Certified True Copy of assailed resolution, order or decision
>Certified True Copy of evidence
b. Proof of service of a copy of memorandum
c. proof of payment of the required fee
d. statement or certification of non-forum shopping

If incomplete: The Commission shall direct compliance within 10 days from receipt
thereof, with warning that incase of failure to submit, the Commission will dismiss the
appeal and with prejudice to refilling.

4. PAYMENT OF BACK WAGES

Who are entitled:


1. Illegally dismissed or suspended official/employee who is exonerated/reprimanded
2. Respondent placed under preventive suspension when the said suspension is
declared invalid

5. REMOVAL OF ADMINISTRATIVE PENALTIES or DISABILITIES

The President, in meritous cases and upon the recommendation of the Commission,
may commute or remove administrative liabilities

Who to file: Dismissed Official

What to submit:
>Certified Copy of the decision
>Favorable recommendation by Disciplining Authority or Head of Agency
>Affidavit or certification from reputable members of the society
>Proof of non-pendency of the appeal
>proof of payment of filing fee

CSC RO will conduct the background investigation and submit recommendation within
60 days from the receipt of directive

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