LEGEND:

 In yellow highlights are either customization of the 2017 RACCS or an addendum provision in the BLGF-MAC; and
 In red highlights in the 2017 RACCS means, said provision was not adopted in the BLGF-MAC due to the reasons/rationale stated in the comment section.
 Items in green highlights are identified to be salient provisions.

CSC 2017 RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE (2017 BLGF-MANUAL ON ADMINISTRATIVE CASES
RACCS)
GENERAL PROVISIONS A. INTRODUCTION

Rule 1 1. TITLE
APPLICABILITY AND CONSTRUCTION
This Manual shall be known as the Bureau of Local Government Finance Manual on
Section 1. Title. These Rules shall be known and cited as the 2017 Rules on Administrative Cases Administrative Cases (BLGF-MAC).
in the Civil Service (2017 RACCS).

2. OVERVIEW
The Bureau of Local Government Finance (BLGF), an attached agency of the Department
of Finance (DOF), created on 30 January 1987 by virtue of Section 43 of Executive Order
(EO) No. 127, s. 1987, as amended by Section 33, Title II of Executive Order No. 292, or
the Administrative Code of 1987, has endeavored in formulating its own rules consistent
with the general rules and procedures promulgated by the Civil Service Commission (CSC)
that will govern the resolution of administrative complaints and cases brought before it for
adjudication. Thirty (30) years thereafter, and in keeping pace with the CSC’s promulgation
of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) on 03 July
2017, the BLGF is issuing the BLGF Manual on Administrative Cases (BLGF-MAC) that
shall govern the adjudication of administrative disciplinary and non-disciplinary complaints
and cases, including those delegated by the Secretary of Finance (SOF).

B. RATIONALE
The BLGF Legal Service, comprising of Lawyers and Special Investigators in the Central
and Regional Offices, is primarily responsible in the adjudication of administrative
complaints and cases cognizable by the BLGF. As such, it is imperative to come up with its
own rules of procedure taking into consideration the operational peculiarities of the Bureau.

Essentially, the BLGF-MAC contains uniform procedures and standard forms that will be
 adopted in all stages of administrative proceedings. It shall serve as a useful tool and guide
to the Legal Service of the Bureau for a more efficient and effective adjudication of
administrative disciplinary and non-disciplinary cases.

C. STATUTORY OVERVIEW

Pursuant to Section 33, Chapter 4, Title II of EO No. 292 1, the BLGF shall be headed by the
Executive Director (ED), who shall exercise supervision and control over its operations.
Having the power and authority to appoint BLGF personnel in the Central and Regional
Offices, the ED, necessarily has administrative disciplinary jurisdiction over these
personnel.

Conversely, Sections 4702 and 4713 of Republic Act No. 7160, also known as the Local
Government Code of 1991, confers upon the SOF the authority to appoint and discipline
Local Treasurers and their Assistants.

Moreover, under Department Special Order (DSO) No. 001.2018 signed on 09 November
2018, the SOF has delegated to the ED and BLGF Regional Directors (RDs) the authority
to recommend disciplinary actions upon local treasurers and assistant treasurers within
their respective territorial jurisdictions.

Furthermore, pertinent provisions on the applicable rules of procedure under judicial and
quasi-judicial bodies are likewise adopted.
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 D. APPLICABILITY4
regional/field offices, agencies of the national government, local government units, state
1
Section 33. Bureau of Local Government Finance. - The Bureau of Local Government Finance, which shall be headed by and subject to the supervision and control of an Executive Director who shall be appointed by the President and upon
the recommendation of the Secretary, shall have the following functions:
xxx
(2) Exercise administrative and technical supervision and coordination over the treasury and assessment operations of local governments;
xxx
(5) Exercise line supervision over its Regional Offices/field units within the Department Regional Administrative Coordination Office and the Local Treasury and Assessment Services; and

2
Section 470. Appointment, Qualifications, Powers, and Duties.
(a) The treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations.
3
Section 471. Assistant Treasurer.
(a) An assistant treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, subject to civil service law, rules and regulations.
4
Section 2, 2017 RACCS.
 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.
The BLGF-MAC, in conformity with the 2017 RACCS, shall apply to all administrative
disciplinary and non-disciplinary complaints and cases brought before the BLGF and its
Regional Offices for adjudication. This includes administrative complaints and cases filed
against Local Treasurers and their assistants, as delegated by the SOF, and BLGF
personnel.

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. (no equivalent provision)

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:

D. DEFINITION OF TERMS5
1. APPOINTING AUTHORITY refers to the Secretary of Finance (SOF) in the case of appointment of
a. AGENCY refers to any bureau, office, commission, administration, board, council, local treasurers and their assistants, and ED with regard to appointment of BLGF personnel.
institute, state university and college (SUC) or local university and college (LUC),
corporation with original charter, whether performing governmental or proprietary 2. COMMISSION refers to the Civil Service Commission composed of the Chairperson/Chairman and
two (2) Commissioners.
function, or any other unit of the national government as well as provincial, city, municipal
or autonomous regional government.
3. COMPLAINANT refers to the offended party in an administrative case who has sufficient personality
to file a complaint.

b. APPOINTING AUTHORITY refers to the person or body duly authorized to issue 4. DISCIPLINING AUTHORITY refers to the Secretary of Finance, in cases of local treasurers and their
appointments and other human resource actions in the civil service. assistants and Executive Director, in cases of BLGF personnel.

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.
5. DUE PROCESS means that the person complained of is notified of the charge/s against him and he is
given reasonable opportunity to explain or defend himself.6
6. HEARING OFFICER is any BLGF employee duly designated by the Executive Director to conduct
public formal hearings, submit Formal Investigation Report and Decision for the consideration of the
disciplining authority.
7. HUMAN RESOURCE (HR) refers to the people, including their qualifications, competencies, talents
and potentials. As a function, HR pertains to the management, development and utilization of the people

5
Section 4, 2017 RACCS.
6
See Office of the Ombudsman v. Reyes, G.R. No. 170512, 05 October 2011.

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,
towards the excellent and ethical achievement of vision of the organization.
8. HUMAN RESOURCE 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.
9. JURISDICTION is the power and authority of an agency to hear, investigate and decide an
administrative case.
10. 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.
11. PERSON COMPLAINED OF refers to the person who is the subject of an administrative complaint
but who is not yet issued a notice of charge or formal charge by the disciplining authority.
12. PREVENTIVE SUSPENSION is not a penalty but merely 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, and to preclude the possibility of exerting undue influence or pressure on
the witnesses against him/her or tampering of documentary evidence on file with his/her Office.
13. 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.
14. 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.
15. PROSECUTOR is the Special Investigator designated by the Executive Director to act as prosecutor
during all proceedings of formal investigation.
16. 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.
 17. PSYCHOLOGICAL INTERVENTIONS refer to psychological counselling; psychotherapy;
circumstances, acts, causes of action or relief, and all raising substantially the same issues. psychosocial support; life coaching; psychological debriefing; group processes; and all other
Such case can either be pending in, or already resolved adversely by, some other tribunal psychological interventions that involve the application of psychosocial principles and methods to
or agency. improve the psychological functioning of individuals; families; groups; and organizations. 7

18. QUALIFIED NEXT-IN-RANK refers to an employee appointed on a permanent basis to a position

o. HUMAN RESOURCE (HR) refers to the people, including their qualifications,
previously determined to be a next-in-rank to the vacancy and who meets the requirements for
competencies, talents and potentials. HR as a function pertains to the management, appointment thereto as previously determined by the appointing authority and approved by the
development and utilization of the people towards the excellent and ethical achievement of Commission.
vision of the organization.
19. RESPONDENT refers to the person who is issued a notice of charge or formal charge by the
disciplining authority.

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.
20. SUBSTANTIAL EVIDENCE is the quantum of proof in administrative cases, such amount of relevant
evidence which a reasonable mind might accept as adequate to justify a conclusion.8
21. SUSPENSION refers to temporary unemployment or the penalty meted by the disciplining authority
against an erring Treasurer or BLGF employee.9
The following additional definition of terms is hereby adopted in this Manual:

22. BLGF CENTRAL OFFICE (BLGF CO) refers to the Central Office headed by the ED
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 23. BLGF REGIONAL OFFICES (BLGF ROs) refers to all regional offices of the Bureau headed by a
people, resource and/or policy and exercising functions such as planning, organizing, Regional Director.
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 24. BUREAU/BLGF refers to the Bureau of Local Government Finance.
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

7
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".
8
Skippers United Pacific, Inc. v. National Labor Relations Commission, G.R. No. 148893, 12 July 2006.
9
Montinola v. Philippine Airlines, Inc., G.R. No. 198656, 08 September 2014.
 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.
 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.

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.
D. JURISDICTION
As provided under Sections 470 and 471 of the Local Government Code of 1991 and
Section 43 (e) of EO No. 127, the Department of Finance and the Bureau of Local
Government Finance shall exercise the following jurisdiction:

I. Department of Finance. The Department of Finance/Board of Personnel Inquiry

and Review (BOPIR)10 shall hear and decide administrative disciplinary cases
instituted by or brought before it.11

II. Bureau of Local Government Finance. The BLGF shall hear and decide
administrative disciplinary and non-disciplinary cases or matters instituted by or
brought before it, directly or on appeal against BLGF personnel, including contested
appointments, and review decisions and actions of its officials and employees.12

It shall likewise hear and decide non-disciplinary cases instituted against Local
Treasurers and their assistants including contested appointments, and review
decisions and actions of its officials and employees.13
10
DSO 001.2018 dated 09 November 2018.
11
Sections 470 and 471 of RA No. 7160 or the Local Government Code of 1991.
12
Executive Order Nos. 127 (Reorganizing the Ministry of Finance) and 292 (The Administrative Code of 1997).
 III. Concurrent Jurisdiction. The Department of Finance and the Bureau of Local
Government shall have original concurrent jurisdiction with the Civil Service
Commission over its respective officials and employees insofar as applicable.

Decisions shall be final, unappealable and executory, in case the penalty imposed
is either reprimand or suspension for not more than thirty (30) days or fine in an
amount not exceeding thirty (30) days salary subject to Item 8.2 (A) Title VIII of this
Manual.

In case the decision is rendered by the BLGF, is appealable to the CSC, the same
may be initially appealed to the SOF and finally to the CSC 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 SOF.14

The Office of the Ombudsman shall likewise have concurrent jurisdiction over Local
Treasurers and their assistants and BLGF personnel.15

Section 6. Referral of Case or Matter to the Proper Office. When an administrative case (no equivalent provision)
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: E. CASES COGNIZABLE BY DOF16 AND BLGF17

The DOF and BLGF shall take cognizance of the following cases involving local treasurers
A. Disciplinary and their assistants as well as the Bureau officials and personnel:

13
DSO No. 001.2018, 09 November 2018.
14
Section 9, Rule 2, 2017 RACCS.
15
Section 13, RA No. 6770 also known as “The Ombudsman Act of 1989”; Administrative Order No. 08, November 2, 1990.
16
Sections 470 and 471 of RA No. 7160 or the Local Government Code of 1991.
17
Executive Order Nos. 127 (Reorganizing the Ministry of Finance) and 292 (The Administrative Code of 1997).
 I. Disciplinary
1. Decisions of CSC ROs brought before it on petition for review;
Cases initiated by or brought before the DOF and the BLGF involving acts or
2. Complaints brought against CSC officials and employees both in the omissions committed by local treasurers and their assistants as well as BLGF
Central Office (CO) and CSC ROs. personnel except presidential appointees.

II. Non-Disciplinary
For this purpose, CSC ROs shall conduct the investigation and submit
report and recommendation to the Commission in cases involving their
1. Protest on Appointments;
own appointed officials and employees. Complaints against CO officials
and employees shall be brought before the Commission through the Office
2. Dropping from the rolls; and
for Legal Affairs (OLA) unless the Commission directs otherwise. 3. Disapproval/Recall of Approval/Invalidation of appointments.

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 (no equivalent provision)
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 CSC RO concerned.

B. 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 See item D of Part I.
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.

PART I

ADMINISTRATIVE DISCIPLINE

TITLE I
ADMINISTRATIVE OFFENSES AND PENALTIES

1.1. CLASSIFICATION OF OFFENSES18

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;

18
Section 50, Rule 10, 2017 RACCS.
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;

1. 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.

1.2. VIOLATION OF DEPARTMENT ORDER NO. 034.2014 OR THE FAILURE TO

SUBMIT eSRE REPORTS WITHIN THE PRESCRIBED PERIOD AND THE
SUBMISSION OF INACCURATE REPORTS.19
Failure of the concerned local treasurer to submit timely and/or accurate eSRE
reports shall constitute sufficient grounds for filing a complaint.

The complaint shall be initiated by the proper disciplining authority or his authorized
representative and a show-cause memorandum shall be issued accordingly to the
concerned treasurer.

19
Section 8, Department Order No. 034.2014.
 I. OFFENSES:

1. Failure to submit the reports within the prescribed period is considered a

light offense:

a. Violation of reasonable office rules and regulations:

1st Offense — Reprimand

2nd Offense — Suspension of one (1) day to thirty (30) days
3rd Offense — Dismissal from the service

2. The submission of inaccurate reports is considered a less grave offense:

a. Simple Misconduct:

1st Offense — Suspension of one (1) month and one (1) day
to six (6) months
2nd Offense — Dismissal from the service.

For this purpose, inaccurate report shall mean a report containing data that
materially affect the integrity of the report which may tend to mislead end-users.

1.3. PENALTY OF FINE20

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,
20
Section 52, Rule 10, 2017 RACCS.
 health and safety, and 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;

a. When the respondent committed the offense without utilizing or

abusing the powers of his/her position or office; or

b. 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.

1.4. MITIGATING AND AGGRAVATING CIRCUMSTANCES 21

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;

21
Section 53, Rule 10, 2017 RACCS.
 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.

1.5. MANNER OF IMPOSITION22

When applicable, the imposition of the penalty shall be made in accordance with the
manner provided herein below:

a. The minimum of the penalty shall be imposed where only mitigating and no
aggravating circumstances are present.

b. The medium of the penalty shall be imposed where no mitigating and

aggravating circumstances are present.

22
Section 54, Rule 10, 2017 RACCS
 c. The maximum of the penalty shall be imposed where only aggravating and no
mitigating circumstances are present.

Where aggravating and mitigating circumstances are present, paragraph [a] shall be
applied when there 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 their medium range of penalty:

a. 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

b. Penalty of suspension ranging from six (6) months and one (1) day to one (1)
year shall have nine (9) months as its medium penalty.

1.6. PENALTY FOR MULTIPLE OFFENSES23

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.

1.7. DURATION AND EFFECT OF ADMINISTRATIVE PENALTIES24

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

23
Section 55, Rule 10, 2017 RACCS.
24
Section 56, Rule 10, 2017 RACCS.
 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.

1.8. ADMINISTRATIVE DISABILITIES INHERENT IN CERTAIN PENALTIES 25

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 Government Service

Insurance System (GSIS), Retirement and Benefits Administration Service
(RBAS) or other equivalent retirement benefits system shall not be subject
to forfeiture.
25
Section 57, Rule 10, 2017 RACCS.
 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.

1.9. EFFECTS OF EXONERATION ON CERTAIN PENALTIES26

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 of demotion, the respondent shall be entitled to restoration of

former salary grade with the same salary step and 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.

26
Section 58, Rule 10, 2017 RACCS.
 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.

DISCIPLINARY CASES Title II

COMPLAINT
Rule 3
COMPLAINT
2.1. WHO MAY INITIATE27
Section 10. Who May Initiate. Administrative proceedings may be initiated by the
disciplining authority motu proprio or upon complaint of any other person. Administrative proceedings may be initiated by the SOF or the ED, motu proprio, as the
case may be or upon complaint of any other person.

Section 11. Requisites of a Valid Complaint. No complaint against an official or employee 2.2. REQUISITES OF A VALID COMPLAINT28
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 No complaint against local treasurers or their assistants or BLGF personnel shall be given
order is sufficient. due course unless the same is in writing, subscribed and sworn to by the complainant. In
cases initiated by the SOF or the ED, as the case may be or their authorized
The complaint shall be written in a clear, simple and concise language and in a systematic representatives, a show cause order is sufficient.
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
The complaint shall be written in a clear, simple and concise language and in a systematic
there be more than one person complained of, the complainant is required to submit additional
copies corresponding to the number of persons complained of. 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
The complaint shall contain the following: 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.
a. full name and address of the complainant;
A valid complaint shall contain the following:
b. full name and address of the person complained of as well as his/her position and
office;
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
27
Section 10, Rule 3, 2017 RACCS.
28
Section 11, Rule 3, 2017 RACCS.
 allegedly committed; 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 d. Certified true copies of documentary evidence and affidavits of his/her witnesses, if
any; and

e. certification or statement of non-forum shopping. e. Certification or statement of non-forum shopping.29

The absence of any of the aforementioned requirements may cause the dismissal of the The absence of any of the aforementioned requisites may cause the dismissal of the
complaint without prejudice to its refiling upon compliance with the same. complaint without prejudice to its refiling upon compliance with the same.

Section 12. Anonymous Complaint. No anonymous complaint shall be entertained unless 2.3. ANONYMOUS COMPLAINT30
the act complained of is of public knowledge or the allegations can be verified or supported by
documentary or direct evidence. No anonymous complaint shall be entertained unless the act complained of is of public
knowledge or the allegations can be verified or supported by documentary or direct
evidence.

Section 13. When and Where to File a Complaint. Except when otherwise provided for by law, an 2.4 FILING OF A COMPLAINT
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 Except when otherwise provided by law, complaint may be filed at any time with the
colleges (SUCs) or local universities and colleges (LUCs), and government-owned or controlled DOF or BLGF or any of its regional offices.31
corporations with original charters except as may be provided by law.
A. Complaint Against Local Treasurers and their assistant

I. Complaint Directly Filed with the DOF and in the BLGF Central Office

a. For complaints filed against Local Treasurers and their assistants within the
National Capital Region, the BLGF CO, shall evaluate the same.

b. For complaints against Local Treasurers and their assistants outside NCR,
the same shall be referred by the BLGF CO, to the concerned RO, through
an Indorsement signed by the ED, for evaluation and conduct of preliminary
29
Forum shopping exists when, as a result of an adverse judgment in one forum, a party seeks another and possibly favorable judgment in another forum other than by appeal or special civil action for certiorari. There is also forum shopping
when a party institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other court would make a favorable disposition. ( Municipality of Taguig v. Court of Appeals, G.R. No. 142619, 13
September 2005; Fels Enegery, Inc. v. The Province of Batangas, et al., G.R. No. 168557, 16 February 2007.)
30
Section 12, Rule 3, 2017 RACCS.
31
Section 13, Rule 3, 2017 RACCS.
 investigation.

II. Complaint Directly Filed in the Regional Office

In cases where the complaint, which is sufficient in form and substance, is filed
with the BLGF RO, it shall conduct a Preliminary Investigation to determine the
existence of a prima facie case. Prima facie case is a cause of action or
defense that sufficiently establish a fact or raise a presumption unless
disproved or rebutted.

Where the complaint is not sufficient in form and substance, the Special
Investigator shall conduct an ex parte evaluation of the records.

B. Complaints against BLGF Personnel

In instances where the complaint is filed against BLGF personnel, the BLGF CO
shall evaluate the completeness of the complaint and shall conduct the Preliminary
Investigation.

The above procedure shall be followed in cases of protest, dropping from the rolls
and disapproval/recall of approval/invalidation of appointments provided under the
2017 RACCS.

Section 14. Complaints in Sexual Harassment Cases. In sexual harassment cases, the (no equivalent provision)
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 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 a CODI shall be charged with Neglect of Duty.

Section 15. Jurisdiction of the CSC over Sexual Harassment Cases. In case a complaint (no equivalent provision)
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 the 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 2.6 WITHDRAWAL OF THE COMPLAINT32
result in its outright dismissal or discharge of the person complained of from any administrative
liability. 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:
2.5 ACTION ON THE COMPLAINT33
Upon receipt of a complaint which is sufficient in form and substance, the ED or the RD, as
the case may be, shall conduct a preliminary investigation to determine the existence of a
prima facie case. The ED or the RD, as the case may be, may create an investigating
committee or designate an investigator for such purpose.

1. Receive complaints of sexual harassment;

2. Investigate sexual harassment complaints including preliminary investigation in

accordance with the prescribed procedure;

3. Submit a report of its findings with the corresponding recommendation to the

disciplining authority for decision; and

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.

Title III
Rule 4 PRELIMINARY INVESTIGATION
PRELIMINARY INVESTIGATION

32
Section 16, Rule 3, 2017 RACCS.
33
Section 17, Rule 3, 2017 RACCS.
 Section 18. Preliminary Investigation; Definition. A Preliminary Investigation is a A Preliminary Investigation (PI) is a mandatory proceeding undertaken to determine
mandatory proceeding undertaken to determine whether a prima facie case exists to warrant the whether a prima facie case exists to warrant the issuance of a formal charge/notice of
issuance of a formal charge/notice of charge. charge.34

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 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.
3.2 HOW CONDUCTED35
PI may be conducted in any of the following manner:
a. Submission of counter-affidavit or comment;
a.1 When the complaint is initiated by any person other than the ED or the RD,
as the case may be, a counter-affidavit or comment and/or other documents shall
be required from the person complained of within five (5) days from receipt of the
complaint which is sufficient in form and substance;
a.2. When the complaint is initiated by the ED or the RD, as the case may be, a
show-ca use order shall be issued directing the person complained of to explain
within the same period why no administrative case should be filed against the said
person.
b. Ex-parte evaluation of the records; and

c. Clarificatory meeting with the parties to discuss the merits of the case.

The Special Investigator (SI) may resort to any or all of the abovementioned modalities, as
may be deemed necessary in the conduct of the PI.

The failure to submit a comment/counter-affidavit/explanation shall be considered a waiver

thereof and the PI may be completed even without the counter-
affidavit/comment/explanation. The right to counsel may be exercised even during
preliminary investigation.
Section 20. Duration of the Preliminary Investigation. A preliminary investigation shall
34
Section 18, Rule 4, 2017 RACCS.
35
Section 19, Rule 4, 2017 RACCS.
 commence within a non-extendible period of five (5) days upon receipt of the complaint by the
disciplining authority and 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.
36
Section 20, Rule 4, 2017 RACCS.
37
Section 21, Rule 4, 2017 RACCS.
38
Section 22, Rule 4, 2017 RACCS.
39
Section 72, Rule 13, 2017 RACCS.
3.1. DURATION36
A preliminary investigation shall commence within a non-extendible period of five (5) days
upon receipt of the complaint by the ED or the RD, as the case may be, and shall be
terminated within twenty (20) days thereafter. However, the ED or the RD, as the case
may be, may extend such periods in meritorious cases.
3.3 INVESTIGATION REPORT37
Within five (5) days from the termination of the PI, the SI shall submit the Investigation
Report with recommendation and the complete records of the case to the ED or the RD, as
the case may be. The Investigation Report shall be treated with confidentiality.
3.4 RESOLUTION
After the SI submitted the Investigation Report to the ED or the RD, as the case may be,
the latter shall issue a Resolution within a period of fifteen (15) days from receipt thereof,
which may be extended in meritorious cases.
The Resolution of the BLGF RO shall be transmitted to BLGF CO, together with the
complete records of the complaint, for confirmation of the ED. Certified true copies of
documentary evidence, affidavits of witnesses, if any, and certification or statement of non-
forum shopping shall be attached thereto.
If prima facie case is established after the PI, the SOF or the ED, as the case may be, may
issue either a formal charge or a notice of charge.38
In the absence of a prima facie case, the complaint shall be dismissed with prejudice. The
Resolution dismissing the complaint for lack of prima facie case or issuance of a formal
charge for a lower offense thereon is not subject to appeal or petition for review before the
Commission.39
 Rule 5 Title IV
FORMAL CHARGE/NOTICE OF CHARGE FORMAL CHARGE/NOTICE OF CHARGE40

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.
4.1 ISSUANCE AND CONTENT
A. FORMAL CHARGE
A formal charge is issued by the SOF or the ED, as the case may be, after a finding of a
prima facie case, in instances where the complaint is filed by the SOF or the ED, as the
case may be motu proprio. The person complained of shall now be called the respondent.

The formal charge shall contain the following:

1. Specification of the charge;

2. Brief Statement of the material or relevant facts which may be accompanied

by certified true copies of documentary evidence;

3. Sworn statements covering the testimony of the witnesses;

4. 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;

5. Advice for the respondent to indicate in the answer whether or not a formal
investigation is demanded; and

6. Notice that respondent may opt to be assisted by a counsel.

B. NOTICE OF CHARGE

A notice of charge is issued by the SOF or the ED, as the case may be, after a finding
of a prima facie case in instances where the complaint is initiated by any person other
than the SOF or the ED, as the case may be. The person complained of shall also be

40
Rule 5, 2017 RACCS.
 called the respondent who shall be issued the notice of charge together with a copy
of the complaint, sworn statements and other documents submitted.

The notice of charge shall contain the following:

1. Charge against the respondent with a statement that a prima facie case
exists;

2. 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

3. Notice that he/she may opt to be assisted by a counsel of his/her choice and
may elect to have a formal investigation.

In the event that the respondent receives a formal charge or notice of charge with
incomplete attachments, the respondent may request for the lacking documents within ten
(10) days from receipt hereof and the period to answer will not run until the same is
received by the respondent.41

Section 24. Notice of Charge. In instances where the complaint was initiated by a person (part of 4.1 B)
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.

Section 25. Prohibited Pleadings. The disciplining authority shall not entertain requests 4.2 PROHIBITED PLEADINGS
for clarification, bills of particulars, motions to dismiss, motions to quash, motions for
reconsideration and motion for extension of time to file answer. The same shall be noted without The ED shall not entertain the submission of the following:
41
Section 24, Rule 5, 2017 RACCS.
 action and attached to the records of the case.
1. Requests for clarification;
2. Bills of particulars;
3. Motions to dismiss;
4. Motions to quash;
5. Motions for reconsideration; and
6. Motion for extension of time to file answer.

Receipt thereof shall be noted without action and shall be attached to the records of the
case.
Rule 6 Title V
ANSWER 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.
5.1 REQUISITES AND CONTENTS
The answer, which is in writing and under oath, is filed after the issuance of the formal
charge or notice of charge, 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.42
When the SOF/BOPIR or the ED, as the case maybe, determines that the answer is
satisfactory, the case shall be dismissed. Otherwise, the investigation shall proceed.43

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 shall be decided based on available records.
5.2 FAILURE TO FILE AN ANSWER44
If respondent fails or refuses to file an answer to the formal charge or notice of charge
within the given period, he/she shall be considered to have waived his/her right to submit
the same and the case shall be decided based on available records.

Rule 7 Title VI
PREVENTIVE SUSPENSION PREVENTIVE SUSPENSION

42
Section 26, Rule 3, 2017 RACCS.
43
Section 26, Rule 6, 2017 RACCS.
44
Section 27, Rule 6, 2017 RACCS
 Section 28. Preventive Suspension; Nature. Preventive suspension is not a penalty. It is Preventive suspension is not a penalty. It is designed merely as a measure of precaution
designed merely as a measure of precaution so that the respondent may be removed from the so that the respondent may be removed from the scene of the alleged
scene of the alleged misfeasance/malfeasance/nonfeasance while the case is being investigated. misfeasance/malfeasance/nonfeasance while the case is being investigated.45

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 6.1 GROUNDS FOR ISSUANCE46
the formal charge or notice of charge, or immediately thereafter, if:
The SOF or the ED, as the case maybe, upon motion or motu proprio may issue an order
of preventive suspension against the respondent upon issuance of the formal charge or
A) The charge involves: notice of charge, or immediately thereafter, if:

1. Dishonesty; A. The charge involves:

2. Oppression; 2. Dishonesty;
3. Oppression;
3. Grave Misconduct; 4. Grave Misconduct;
5. Neglect in the Performance of Duty;
4. Neglect in the Performance of Duty; 6. Other offenses punishable by dismissal from the service; or
7. An administrative offense committed on its second or third instance and the
5. Other offenses punishable by dismissal from the service; or penalty is dismissal from the service; and

B. The respondent is in a position to exert undue influence or pressure on the witnesses

and/or tamper with evidence.
6. An administrative offense committed on its second or third instance and the penalty is
dismissal from the service; and In order for a preventive suspension order to be valid, any of the conditions in Items A and
B must be present.
B) The respondent 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

45
Section 28, Rule 7, 2017 RACCS.
46
Section 29, Rule 7, 2017 RACCS.
 reassign respondent to another unit of the agency 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.
47
Section 30, Rule 7, 2017 RACCS.
48
Section 31, Rule 7, 2017 RACCS.
6.2 ALTERNATIVE TO PREVENTIVE SUSPENSION
The SOF or the ED, as the case maybe, may reassign respondent to another unit of the
agency, in lieu of preventive suspension, subject to the same periods as provided in the
immediately succeeding section.47
For this purpose, the respondent may request the SOF or the ED, as the case may be, for
reassignment in lieu of preventive suspension citing the grounds for such request. If the
request is found meritorious, the SOF or the ED, as the case may be, may issue an order
indicating the grounds for reassignment. Otherwise, the same shall be denied.
6.3 DURATION OF PREVENTIVE SUSPENSION48
Unless otherwise provided for by law, the SOF or the ED, as the case may be, may place
the respondent under preventive suspension for a maximum period of sixty (60) days or
ninety (90) days, respectively.
When the administrative case against respondent under preventive suspension is not finally
decided by the SOF or the ED, as the case may be, 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.
Any 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 SOF or the ED, as the case
may be, 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 6.4 REMEDIES FROM THE ORDER OF 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 A. APPEAL
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.
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.
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. B. MOTION FOR RECONSIDERATION NOT ALLOWED

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.49

49
Section 32, Rule 7, 2017 RACCS.
 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 illegal
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 charge; 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
50
Section 33, Rule 7, 2017 RACCS.
6.5 PAYMENT OF BACK WAGES DURING PREVENTIVE SUSPENSION50
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 illegal 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 item 6.1 Title VI
of this Manual.
iii. The order of preventive suspension was issued without a formal charge or
notice of charge or with defective formal charge / notice of charge; 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 above, 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.
 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.
Downgrading of the charge to a lesser offense shall not be construed as “exoneration”
within the contemplation of these Manual.
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 Title VII

FORMAL INVESTIGATION FORMAL INVESTIGATION

Section 34. Conduct of Formal Investigation; When Held. A formal investigation shall 7.1 CONDUCT OF FORMAL INVESTIGATION
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 A. WHEN CONDUCTED
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 A formal investigation shall be conducted:
extended by the disciplining authority or its authorized representative, or heads of agencies, or the 1. Where the merits of the case cannot be decided judiciously without conducting
Commission in meritorious cases. such investigation; or
2. When the respondent elects to have one.51
For this purpose, the Commission may entrust the formal investigation to lawyers of other
agencies pursuant to Section 113 of these Rules. Where the respondent is a Local Treasurer and their assistants, the SOF/BOPIR shall
direct the conduct of the Formal Investigation.

In case the respondent is a BLGF personnel, the ED or his duly authorized representative
shall direct the conduct of the Formal Investigation.

B. DURATION OF FORMAL INVESTIGATION52

Formal 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 terminated within thirty (30) days from the issuance of the
Formal Charge/Notice of Charge unless in meritorious cases, the period is extended due to
the intervening events attributable to either of the parties.

51
Section 34, Rule 8, 2017 RACCS.
52
Section 34, Rule 8, 2017 RACCS.
 7.2 DESIGNATION OF HEARING OFFICER AND PROSECUTOR

For this purpose, the ED shall designate a Hearing Officer, preferably a lawyer from the
BLGF CO or the BLGF ROs. In case of unavailability of a lawyer, an SI from nearby BLGF
ROs may likewise be designated as Hearing Officer. Furthermore, the ED shall designate a
Secretary who shall take minutes of the hearing and keep records of the proceedings.

The SI of the BLGF CO or BLGF RO who conducted the PI shall act as the prosecutor. In
the absence of an SI in the BLGF ROs, the ED may request an SI from the BLGF CO or
BLGF RO, to act as prosecutor.

Section 35. Submission of Position Paper/Memorandum. At any stage of the proceedings,

the parties may, based on their mutual consent, submit position paper/memorandum and consider 7.3 SUBMISSION OF POSITION PAPER/MEMORANDUM53
the case submitted for decision without any need for further hearings.
At any stage of the proceedings, the parties may, based on their mutual consent, submit
position paper/memorandum and consider the case submitted for decision without any
need for further hearings.

53
Section 35, Rule 8, 2017 RACCS.
 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 7.4 PRE-HEARING CONFERENCE54
agree on any of the following:
At the commencement of the formal investigation, the hearing officer shall issue notice of
hearing to the respondent and other parties concerned not earlier than five (5) days nor
a. Stipulation of facts; later than ten (10) days from receipt of the Office Order designating him/her as such setting
the case for a pre-hearing conference for the parties to appear, consider and agree on any
b. Simplification of issues; of the following:

c. Identification and marking of evidence of the parties; a. Stipulation of facts;

b. Simplification of issues;
d. Waiver of objections to admissibility of evidence; 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; e. Limiting the number of witnesses, and their names;
f. Dates of subsequent hearings, which preferably, shall be held within
f. Dates of subsequent hearings; and a maximum period of seven (7) calendar days;
g. Submission of the position papers or memoranda by the respective
g. Such other matters as may aid in the prompt and just resolution of the parties; and
case. h. 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- The notice of hearing shall specify the time, date, and venue of the hearing and shall be
hearing order and is binding on both parties unless in the interest of justice, the hearing officer may
served to the parties at their last known address.
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.
A. AGREEMENT DURING 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 The agreement entered into during the pre-hearing conference shall be embodied in
records upon appropriate motion of the present party. 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
The designated prosecutor or the hearing officer who fails to appear, without justifiable respective pre-hearing briefs, copy furnished the adverse party, before the date of
reason, at the pre-hearing conference may be liable for Neglect of Duty. the pre-hearing conference.

B. CONDUCT OF PRE-HEARING CONFERENCE

The conduct of pre-hearing conference is mandatory. The failure of any party to

54
Section 36, Rule 8, 2017 RACCS.
 attend the pre-hearing conference may cause the submission of the case for
decision based on available records upon appropriate motion of the present party.

The designated prosecutor or the hearing officer who fails to appear, without
justifiable reason, at the pre-hearing conference may be liable for Neglect of Duty.

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 not represented by counsel during a particular
hearing despite due notice, the investigation shall proceed and the respondents shall be deemed to
have waived the right to present evidence.
7.5 CONTINUOUS HEARING UNTIL TERMINATED
Hearings shall be conducted on the hearing dates set by the hearing officer or as agreed
upon during the pre-hearing conference.55
The hearing officer shall inform the parties that they may agree to dispense with the
conduct of hearing and instead opt to proceed with the submission of respective position
papers or memoranda within five (5) days from the pre-hearing conference.

Upon agreement of both parties, the hearing officer shall issue an order requiring both
parties to submit their respective position papers including affidavits and other documentary
evidence within fifteen (15) days from date of receipt of the order.

Each party may be granted one (1) postponement upon oral or written request.56

If respondents fail or refuse to appear or not represented by counsel during a particular

hearing despite due notice, the investigation shall proceed and the respondents shall be
deemed to have waived the right to present evidence.57

Section 38. Preliminary Matters. At the start of the hearing, the hearing officer shall note
the appearances of the parties. 7.6 PRELIMINARY MATTERS58

If, after being apprised of the right to counsel, respondents appear without the aid of a At the start of the hearing, the hearing officer shall note the appearances of the parties.
counsel, they shall be deemed to have waived the right thereto.

55
Section 37, Rule 8, 2017 RACCS.
56
Id.
57
Id.
58
Section 38, Rule 8, 2017 RACCS.
 A. RIGHT TO COUNSEL
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. Respondent shall be informed of his/her right to be assisted by a counsel. If, after
being apprised of the right to counsel, respondents appear without the aid of a
A sworn statement of the witness properly identified and affirmed shall constitute direct counsel, they shall be deemed to have waived the right thereto.
testimony, copy furnished the other party.
B. TAKING TESTIMONY OF A WITNESS
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 Before taking the testimony, the hearing officer shall place the witness under oath
questions that may be asked during the hearing.
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.

C. USE OF JUDICIAL AFFIDAVIT RULE

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, Professional Tax
Receipt (PTR) number, attorney’s roll number, Mandatory Continuing Legal Education (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.
7.7 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, Professional Tax Receipt
(PTR) number, attorney’s roll number, Mandatory Continuing Legal Education (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 duly authorized representative.59

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. 60

In case of an SI designated as Prosecutor, he/she shall present the BLGF Office Order
designating him/her as such.

59
Section 39, Rule 8, 2017 RACCS.
60
Id.
 Section 40. Order of Hearing. Unless the hearing officer directs otherwise, the order of
hearing may be as follows: 7.8 ORDER OF HEARING61

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.
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.

61
Section 40, Rule 8, 2017 RACCS.
 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.
7.9 OBJECTIONS62
All objections raised during the hearing shall be resolved by the hearing officer. However,
objections that cannot be immediately 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 SOF or the ED, as the case may be.
The hearing officer shall admit all evidence formally offered subject to the objection/s
interposed against its admission.
7.10 MARKINGS63
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.

62
Section 41, Rule 8, 2017 RACCS.
63
Section 42, Rule 8, 2017 RACCS.
 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 shall justify non-receipt or non-action on
64
Section 43, Rule 8, 2017 RACCS.
65
Section 44, Rule 8, 2017 RACCS.
7.11 ISSUANCE OF SUBPOENA64
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.
7.12 RECORD OF PROCEEDINGS
Records of the proceedings during the formal investigation may be taken in shorthand or
stenotype or any other means of recording.65
The Secretary shall prepare minutes of the hearing which shall be noted by the hearing
officer and concurred by the parties. The minutes of the hearing shall be handled with
confidentiality and form part of the docket of the case.
The hearing officer shall inform the parties that the proceedings may be recorded with the
permission of all parties present. No minutes/stenographic notes shall be provided to the
parties.
7.13 TERMINATION OF HEARING
Upon termination of the hearing, the hearing officer shall immediately evaluate the
evidence presented and he/she may schedule clarificatory hearings, as may be deemed
necessary. For this purpose, the hearing officer shall issue an order setting the case for
clarificatory hearing.
7.14 FILING OF PLEADINGS
 the pleading. Any pleadings sent by registered mail or private courier service shall be deemed filed
on the date stamped on the envelope or courier pack which shall be 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 rules.
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.
66
Section 45, Rule 8, 2017 RACCS
67
Section 46, Rule 8, 2017 RACCS.
All pleadings filed by the parties shall be copy furnished the other party with proof of
service. Failure in this regard shall justify non-receipt or non-action on the pleading. Any
pleadings sent by registered mail or private courier service shall be deemed filed on the
date stamped on the envelope or courier pack which shall be attached to the records of the
case, and in case of personal delivery, the date stamped thereon.66
In exceptional cases, such as national emergencies declared by competent government
authorities where parties are restricted from availing registered postal service or private
courier, electronic submission of pleadings may be resorted. The hardcopies of said
pleadings with documentary evidence shall be submitted soon as normal government
operations resume.
7.15 EFFECTS OF THE PENDENCY OF AN ADMINISTRATIVE OR CRIMINAL CASE 67
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
Secretary of Finance or the Executive Director, as the case maybe, 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
rules.
7.16 FORMAL INVESTIGATION REPORT (FIR)
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 SOF or the ED, as the case may be within fifteen
(15) days after the conclusion of the formal investigation, unless extended in meritorious

The complete records with Table of Contents shall be systematically and chronologically arranged,
paged and securely bound to prevent loss.
cases. The complete records of the case shall be attached to the report of investigation
which shall be treated with confidentiality.68
The complete records with Table of Contents shall be systematically and chronologically
arranged, paged, tabbed and securely bound to prevent loss.69

For this purpose, the Hearing Officer shall submit to the SOF or to the ED, as the case may
be, a memorandum transmitting the FIR for consideration.
Rule 9 Title VIII
DECISION DECISION70

Section 48. When Case is Decided. The disciplining authority shall decide the case within
thirty (30) days from receipt of the Formal Investigation Report.
8.1. WHEN CASE IS DECIDED
The SOF/BOPIR or the ED, as the case may be, shall decide the case within thirty (30)
days from receipt of the FIR. In meritorious cases, said authorities may extend such period
provided that the parties are informed of the reason for such extension.71

Within three (3) days from receipt of the Decision of the SOF or the ED, as the case
maybe, the Internal Affairs Division of the Legal Service, BLGF shall prepare a
memorandum for the implementation of the decision in cases of local treasurers and
assistant treasurers in the National Capital Region and officials and personnel of the BLGF
or an indorsement directing the Regional Director concerned to implement the decision in
cases of local treasurers and assistant treasurers within his/her jurisdiction.
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 8.2. FINALITY OF DECISIONS
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 A. DECISION, ORDERS, AND RESOLUTIONS (DORs) OF DOF AND BLGF
respondent may file an appeal or petition for review when the issue raised is violation of due
process.
A decision rendered by the SOF/BOPIR or the ED, as the case may be, whereby a
penalty of reprimand, or suspension for not more than thirty (30) days or a fine in an
If the penalty imposed is suspension exceeding thirty (30) days, or fine in an amount
exceeding thirty (30) days’ salary, the decision shall be final and executory after the lapse of the amount not exceeding thirty (30) days’ salary is imposed, shall not be appealable. It
68
Section 47, Rule 8, 2017 RACCS.
69
Id.
70
Rule 9 of the 2017 RACCS.
71
Par. 3 (b) Section 9 R.A. No. 11032.
 reglementary period for filing a motion for reconsideration or an appeal and no such pleading has shall be final and executory unless a motion for reconsideration is seasonably filed.
been filed. However, the respondent may file an appeal or petition for review when the issue
raised is violation of due process.72

If the penalty imposed is suspension exceeding thirty (30) days, or fine in an

amount exceeding thirty (30) days’ salary, the decision shall be final and executory
after the lapse of the reglementary period for filing a motion for reconsideration or
an appeal and no such pleading has been filed. 73
B. DORS OF CSC

I.Execution of Decision74

A decision rendered by the 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 decision shall be final and executory after the
lapse of the reglementary period for filing a motion for reconsideration or an appeal
and no such pleading has been filed.

II. Decision of the CSC RO/Commission and Effects

i. Execution of CSC RO Decisions

The decisions of the CSC ROs 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.75
72
Section 49, Rule 8, 2017 RACCS.
73
Id.
74
Id.
 ii. 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.76

For this purpose, the CSC ROs shall monitor and assist in the
effective and immediate implementation of these decisions.

iii. 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 (CA) or certiorari with the Supreme Court (SC) shall not stop
the execution of the decision of the Commission unless the Court
issues a restraining order or an injunction.77

iv. Non-execution of Decision

Any officer or employee who willfully refuses or fails to implement the

executory 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 as defined in Rule 16
hereof 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 1987.78

C.DORs OF THE OMBUDSMAN (OMB)

75
Section 114, Rule 22, 2017 RACCS.
76
Section 115, Rule 22, 2017 RACCS.
77
Section 116, Rule 22, 2017 RACCS.
78
Section 117, Rule 22, 2017 RACCS.
 I. Finality and Execution of the Decision
Where the respondent is absolved of the charge, and in case of conviction
where the penalty imposed is public censure or reprimand, suspension of not
more than one month, or a fine equivalent to one month salary, the decision
shall be final, executory and unappealable.
In all other cases, the decision may be appealed to the Court of Appeals on a
verified petition for review under the requirements and conditions set forth in
Rule 43 of the Rules of Court, within fifteen (15) days from receipt of the written
Notice of the Decision or Order denying the Motion for Reconsideration.
An appeal shall not stop the decision from being executory. In case the penalty
is suspension or removal and the respondent wins such appeal, he shall be
considered as having been under preventive suspension and shall be paid the
salary and such other emoluments that he did not receive by reason of the
suspension or removal. A decision of the OMB in administrative cases shall be
executed as a matter of course.
The OMB shall ensure that the decision shall be strictly enforced and properly
implemented. The refusal or failure by any officer without just cause to comply
with an order of the Office of the Ombudsman to remove, suspend, demote,
fine, or censure shall be a ground for disciplinary action against said officer.79
II. Immediate Implementation
The filing of a motion for reconsideration or petition for review before the Office
of the Ombudsman does not operate to stay the immediate implementation of
the foregoing Ombudsman decisions, orders or resolutions.
Only a Temporary Restraining Order (TRO) or a Writ of Preliminary Injunction,
duly issued by a court of competent jurisdiction, stays the immediate
implementation of the said Ombudsman decisions, orders or resolutions.80

D. JUDGEMENT AND FINAL ORDER OR RESOLUTION OF CA AND SC

If no appeal or motion for new trial or reconsideration is filed within the time provided in
these Rules, the judgment or final order shall forthwith be entered by the clerk in the book
of entries of judgments. The date of finality of the judgment or final order shall be deemed
to be the date of its entry. The record shall contain the dispositive part of the judgment or
79
Section 7 Rule III Administrative Order No. 07 (Rules of Procedure of the Office of the Ombudsman), 10 April 1990.
80
OMB Memorandum Circular No. 01 Series of 2006, 11 April 2006.
 final order and shall be signed by the clerk, within a certificate that such judgment or final
order has become final and executory. (10,R51)81

E. MANNER OF EXECUTION

I. SOF/BOPIR or ED

DORs issued by the SOF and transmitted to the ED shall be indorsed by the latter to the
concerned RD for implementation. Upon receipt, the concerned RD shall implement the
same and submit a proof of service within five (5) days from implementation.

Notice of DORs issued by the ED, shall be implemented by the SD or the RD, as the case
may be, who shall thereafter submit a proof of service thereof within five (5) days from
implementation.

II. CSC, Office of the OMB, CA and the SC

i. DORs referred to the SOF

DORs referred by the CSC, OMB, CA and SC to the SOF and transmitted to
the ED shall be indorsed by the latter to the concerned RD for
implementation.

Upon receipt, the concerned RD shall implement the same and submit a
Compliance Report with the attached Certifications, updated Service Record
from the concerned Human Resource Management Officer (HRMO), and
other pertinent document(s), as may be required, to the ED, copy furnished
the SOF within five (5) days from implementation.

ii. DORs referred to the ED

DORs referred to the ED concerning NCR Treasurers and their assistants

shall be implemented accordingly. Otherwise, the same shall be indorsed by
the latter to the concerned RD for implementation, who shall thereafter
81
Section 2, Rule 36, Rules of Court.
 submit a Compliance Report with the attached Certifications, updated
Service Record from the concerned HRMO, and other pertinent
document(s), as may be required, to the ED, copy furnished the SOF within
five (5) days from implementation.

iii. DORs referred to the RD

DORs referred to the RD shall be implemented accordingly, who shall

thereafter submit a Compliance Report with the attached Certifications,
updated Service Record from the concerned HRMO and other pertinent
document(s), as the case may be, to the OMB, copy furnished the SOF and
the ED, within five (5) days from implementation.

In addition to above procedure, in cases of decisions of the CA and SC, the

BLGF, or the parties concerned, shall secure a certified true copy of the
entry of judgment before said DORs can be implemented.

F. MODES OF SERVICE

Implementation of DORs shall be done in the following modes of service:

I. Personal Service
Service of the papers may be made by delivering personally a copy to the party or
his counsel, or by leaving it in his office with his clerk or with a person having charge
thereof. If no person is found in his office, or his office is not known, or he has no
office, then by leaving the copy, between the hours of eight in the morning and six in
the evening, at the party's or counsel's residence, if known, with a person of
sufficient age and discretion then residing therein.82

II. Service by mail

Service by registered mail shall be made by depositing the copy in the post office in
a sealed envelope, plainly addressed to the party or his counsel at his office, if
known, otherwise at his residence, if known, with postage fully prepaid, and with
instructions to the postmaster to return the mail to the sender after ten (10) days if
undelivered. If no registry service is available in the locality of either the senders or
82
Section 6, Rule 13, Rules of Court, July 1,1997.
 the addressee, service may be done by ordinary mail.83

If the service is by ordinary mail, proof thereof shall consist of an affidavit of the
person mailing of facts showing compliance on the above mentioned. If service is
made by registered mail, proof shall be made by such affidavit and the registry
receipt issued by the mailing office. The registry return card shall be filed
immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter
together with the certified or sworn copy of the notice given by the postmaster to the
addressee. (10a)84

III. Substituted Service

If service of pleadings, motions, notices, resolutions, orders and other papers
cannot be made under the two preceding sections, the office and place of residence
of the party or his counsel being unknown, service may be made by delivering the
copy to the clerk of court, with proof of failure of both personal service and service
by mail. The service is complete at the time of such delivery.85

IV. Priority of Service

Whenever practicable, the service of DORs shall be done personally. Except with
respect to papers emanating from the court, a resort to other modes must be
accompanied by a written explanation why the service was not done personally.

Personal service is complete upon actual delivery. Service by ordinary mail is

complete upon the expiration of ten (10) days after mailing, unless the court
otherwise provides. Service by registered mail is complete upon actual receipt by
the addressee, or after five (5) days from the date he received the first notice of the
postmaster, whichever date is earlier.86

V. Notice of Decision and Proof of Service

In all instances, service of DORs shall be accompanied by a Notice of Decision with
proof of service.
83
Section 7, Rule 13, Rules of Court, July 1, 1997.
84
Section 13, Rule 13, Rules of Court, July 1, 1997.
85
Section 8, Rule 13, Rules of Court, July 1, 1997.
86
Section 10, Rule 13, Rules of Court, July 1, 1997.
 Rule 10 See item 1.1 of Part I
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.

B. 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 Offenses. The following acts also constitute administrative I.2. OTHER SPECIFIC OFFENSES
offenses.
VIOLATION OF DEPARTMENT ORDER NO. 034.2014 OR THE FAILURE TO SUBMIT
eSRE REPORTS WITHIN THE PRESCRIBED PERIOD AND THE SUBMISSION OF
A. The Offense of Sexual Harassment. INACCURATE REPORTS.
Failure of the concerned local treasurer to submit timely and/or accurate eSRE reports shall constitute
I. Grave Offenses punishable by dismissal from the service shall include, sufficient grounds for filing a complaint.
but are not limited to:
The complaint shall be initiated by the proper disciplining authority or his authorized representative
and a show-cause memorandum shall be issued accordingly to the concerned treasurer.
a. unwanted touching of private parts of the body (inner thighs,
genitalia, buttocks and breast);
I. OFFENSES:
b. sexual assault;

c. malicious touching;
1. Failure to submit the reports within the prescribed period is considered a light offense:
d. requesting for sexual favor in exchange for employment, promotion,
local or foreign travels, favorable working conditions or assignments,
a. Violation of reasonable office rules and regulations:
a passing grade, the granting of honors or scholarship, or the grant of
benefits or payment of a stipend or allowance; and
1st Offense — Reprimand
2nd Offense — Suspension of one (1) day to thirty (30) days
e. other analogous cases. 3rd Offense — Dismissal from the service

2. The submission of inaccurate reports is considered a less grave offense:

II. Less Grave Offenses shall include, but are not limited to:
a. Simple Misconduct:

1st Offense — Suspension of one (1) month and one (1) day to six (6)
a. unwanted touching or brushing against a victim’s body; months
 2nd Offense — Dismissal from the service.
b. pinching not falling under grave offenses;
For this purpose, inaccurate report shall mean a report containing data that materially affect the
c. derogatory or degrading remarks or innuendoes directed toward the integrity of the report which may tend to mislead end-users.
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.

III. Light Offenses shall include, but are not limited to:

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

undergarments;

b. making sexist statements and uttering smutty jokes or sending these

through text, electronic mail including but not limited to social media
platform, 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.

IV. 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.

c. The offense may also take place in the following instances:

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.

V. 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 Republic Act No. 9485 or Anti-Red Tape Act of 2007.

I. Grave Offense:

Fixing and/or collusion with fixers in consideration of economic and/or other

gain or advantage shall be penalized by Dismissal and perpetual
disqualification from public service.

II. 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.

g. The foregoing light offenses shall be penalized as follows:

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:
See item 1.3
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, and 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;

a. When the respondent committed the offense without utilizing or

abusing the powers of his/her position or office; or

b. 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 See item 1.4
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 shall
be made in accordance with the manner provided herein below:
See item 1.5

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.
 a. The maximum of the penalty shall be imposed where only aggravating and no
mitigating circumstances are present.

Where aggravating and mitigating circumstances are present, paragraph [a] shall be
applied when there 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 their medium range of penalty, to wit:

a) 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

b) 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 See item 1.6
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: See item 1.7

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.

a. 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.

b. 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: See 1.8

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 Government Service

Insurance System (GSIS), Retirement and Benefits Administration Service
(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: See 1.9

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

b. In case of demotion, the respondent shall be entitled to restoration of former

salary grade with the same salary step and 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 Title IX
REMEDIES IN DISCIPLINARY CASES
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES 9.1 SETTLEMENT IN ADMINISTRATIVE CASES87

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.
A. APPLICABILITY
In cases of light offenses as stated in Rule 10 of 2017 RACCS, 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.

B. GUIDELINES

The following are the guidelines in the settlement of purely personal matters in
administrative cases:

a. Settlement shall be allowed only for administrative light 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 SI, motu propio shall determine whether the
offense can be subject of settlement. In the affirmative, the person
complained of shall be required to comment under oath within five (5) days
from receipt 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 any
time before the issuance of the formal charge;

d. If the person complained of opt for the settlement, the SI shall issue an order
requiring the appearance of the parties;

e. If settlement succeeds, a Compromise Agreement shall be executed

87
Rule 11, 2017 RACCS.
 between the parties attested by the SI.

f. The Compromise Agreement shall be binding on the parties which cannot be

impugned unless it is proven that there was a duress or fraud in its execution
on the part of any of the parties;

g. A decision shall be issued by the RD or the DED, as the case may be,
subject to the confirmation of the ED 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 SI, shall issue an order terminating
the process and continue with the investigation of the case, and

In case of non-compliance, by the person complained of with the Compromise Agreement,

the case may be reopened for reinvestigation until its final determination.
Section 60. Guidelines. The following are the guidelines in the settlement of purely
personal matters in administrative cases: (forms part of 9.1)

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 9.2 MOTION FOR RECONSIDERATION IN DISCIPLINARY CASE

Section 61. Filing. The party adversely affected by the decision may file a motion for A. CSC
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 I. Who may file88
motion for reconsideration from the decision of CSC Regional Office.
The party adversely affected by the decision may file a motion for reconsideration with
A motion for extension of time to file a motion for reconsideration is not allowed.
the SOF or the ED, as the case may be, who rendered the same within fifteen (15)
days from receipt thereof unless otherwise provided by law.

A motion for extension of time to file a motion for reconsideration is not allowed.

II. When deemed filed89

88
Section 61, Rule 12, 2017 RACCS.
 A motion for reconsideration sent by registered mail or private courier service
shall be deemed filed on the date stamped on the envelope or courier pack which
shall be attached to the records of the case. In case of personal delivery, it is
deemed filed on the date stamped thereon by the proper office.

III. Grounds90

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.

IV. Limitation91

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.

V. Effect of Filing92

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.

B. CA/SC

I. New Trial or Reconsideration93

89
Section 62, Rule 12, 2017 RACCS.
90
Section 63, Rule 11, 2017 RACCS.
91
Section 64, Rule 11, 2017 RACCS.
92
Section 65, Rule 11, 2017 RACCS.
 i. Grounds of and period for filing motion for new trial or reconsideration

Within the period for taking an appeal, the aggrieved party may move the trial court
to set aside the judgment or final order and grant a new trial for one or more of the
following causes materially affecting the substantial rights of said party:

(a) Fraud, accident, mistake or excusable negligence which ordinary prudence

could not have guarded against and by reason of which such aggrieved party
has probably been impaired in his rights; or

(b) Newly discovered evidence, which he could not, with reasonable diligence,
have discovered and produced at the trial, and which if presented would
probably alter the result.

Within the same period, the aggrieved party may also move for reconsideration
upon the grounds that the damages awarded are excessive, that the evidence is
insufficient to justify the decision or final order, or that the decision or final order is
contrary to law. (1a)

ii. Contents of motion for new trial or reconsideration and notice thereof

The motion shall be made in writing stating the ground or grounds therefor, a
written notice of which shall be served by the movant on the adverse party.

A motion for new trial shall be proved in the manner provided for proof of motion. A
motion for the cause mentioned in paragraph (a) of the preceding section shall be
supported by affidavits of merits which may be rebutted by affidavits. A motion for
the cause mentioned in paragraph (b) shall be supported by affidavits of the
witnesses by whom such evidence is expected to be given, or by duly
authenticated documents which are proposed to be introduced in evidence.

A motion for reconsideration shall point out a specifically the findings or

conclusions of the judgment or final order which are not supported by the evidence
93
Rule 37, Rules of Court, July 1, 1997.
 or which are contrary to law making express reference to the testimonial or
documentary evidence or to the provisions of law alleged to be contrary to such
findings or conclusions.

A pro forma motion for new trial or reconsideration shall not toll the reglementary
period of appeal. (2a)

iii. Action upon motion for new trial or reconsideration

The trial court may set aside the judgment or final order and grant a new trial, upon
such terms as may be just, or may deny the motion. If the court finds that excessive
damages have been awarded or that the judgment or final order is contrary to the
evidence or law, it may amend such judgment or final order accordingly. (3a)

iv. Resolution of motion

A motion for new trial or reconsideration shall be resolved within thirty (30) days
from the time it is submitted for resolution. (n)

v. Second motion for new trial

A motion for new trial shall include all grounds then available and those not so
included shall be deemed waived. A second motion for new trial, based on a ground
not existing nor available when the first motion was made, may be filed within the
time herein provided excluding the time during which the first motion had been
pending.

No party shall be allowed a second motion for reconsideration of a judgment or final

order (4a, 4, IRG)

vi.  Effect of granting of motion for new trial

If a new trial is granted in accordance with the provisions of this Rules the original
judgment or final order shall be vacated, and the action shall stand for trial de novo;
but the recorded evidence taken upon the former trial, insofar as the same is
 material and competent to establish the issues, shall be used at the new trial without
retaking the same. (5a)

vii.  Partial new trial or reconsideration

If the grounds for a motion under this Rule appear to the court to affect the issues
as to only a part, or less than an of the matter in controversy, or only one, or less
than all, of the parties to it, the court may order a new trial or grant reconsideration
as to such issues if severable without interfering with the judgment or final order
upon the rest. (6a)

viii. Effect of order for partial new trial

When less than all of the issues are ordered retried, the court may either enter a
judgment or final order as to the rest, or stay the enforcement of such judgment or
final order until after the new trial. (7a)

ix. Remedy against order denying a motion for new trial or

reconsideration

An order denying a motion for new trial or reconsideration is not appealed, the
remedy being an appeal from the judgment or final order. (n)

II. Motion for Reconsideration94

i.  Period for filing

A party may file a motion for reconsideration of a judgment or final resolution within
fifteen (15) days from notice thereof, with proof of service on the adverse party. (n)

ii.  Second motion for reconsideration

No second motion for reconsideration of a judgment or final resolution by the same

94
Rule 52, Rules of Court, July 1, 1997.
 party shall be entertained. (n)

iii.  Resolution of motion

In the Court of Appeals, a motion for reconsideration shall be resolved within ninety
(90) days from the date when the court declares it submitted for resolution. (n)

iv.  Stay of execution

The pendency of a motion for reconsideration filed on time and by the proper party
shall stay the execution of the judgment or final resolution sought to be reconsidered
unless the court, for good reasons, shall otherwise direct. (n)

Section 62. When deemed filed. A motion for reconsideration sent by registered mail or (already mentioned in the above provision)
private courier service shall be deemed filed on the date stamped on the envelope or courier pack
which shall be attached to the records of the case. In case of personal delivery, it is deemed filed on
the date stamped thereon by the proper office.

Section 63. Grounds. The motion for reconsideration shall be based on any of the (already mentioned in the above provision)
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 (already mentioned in the above provision)
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 (already mentioned in the above provision)
 reglementary period of fifteen (15) days shall stay the execution of the decision sought to be
reconsidered.

Rule 13 9.3 APPEAL IN DISCIPLINARY CASES

APPEAL IN DISCIPLINARY CASES
A. BEFORE THE CSC
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 I. Filing95
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 1. Subject to Section 49, Rule 9 of the 2017 RACCS, decisions of the SOF or the
finally to the Commission and pending appeal, the same shall be executory except when the penalty ED, as the case may be, imposing a penalty exceeding thirty (30) days
is dismissal from the service, in which case the same shall be executory only after confirmation by suspension or fine in an amount exceeding thirty (30) days salary, may be
the Secretary concerned. appealed to the Commission within a period of fifteen (15) days from receipt
thereof.

2. In case the decision rendered by the BLGF or ED is appealable to the

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.
Commission, the same may be initially appealed to the SOF/BOPIR and then
finally to the Commission. 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 SOF.
II. When Deemed Filed96
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: III. Perfection of an Appeal or a Petition for Review97

95
Section 66, Rule 13, 2017 RACCS.
96
Section 67, Rule 13, 2017 RACCS.
97
Section 68, Rule 13, 2017 RACCS.
 To perfect an appeal or a petition for review, the appellant/petitioner shall submit the
a. Memorandum containing the following: following documents:

1. grounds relied upon for the appeal/petition for a. Memorandum containing the following:
review; i. grounds relied upon for the appeal/petition for review;
ii. certified true copies of the assailed decision, resolution or order; and
2. certified true copies of the assailed decision, iii. certified true copies of documents or evidence relevant to the case.
resolution or order; and
The Memorandum shall be filed with the appellate authority, copy furnished the SOF
or the ED, as the case may be. The Hearing Officer/latter shall submit the records of
the case, which shall be systematically, chronologically, duly tabbed, paged and
3. certified true copies of documents or evidence secured bound to prevent loss, with its comment, within fifteen (15) days from
relevant to the case. receipt, to the appellate or higher authority.

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
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.

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 IV. Effect of Filing98
Secretary concerned and cases decided by the CSC ROs, an appeal/petition to the Commission shall

98
Section 69, Rule 13, 2017 RACCS.
 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.
99
Section 70, Rule 13, 2017 RACCS.
100
Rule 43, Rules of Court, July 1, 1997.
Except for cases requiring confirmation of the SOF, an appeal or petition for review to
the Commission shall not stop the decision/resolution from being executory.
V. Effect of Finding of Violation of Due Process99
If on appeal, the Commission finds that the SOF or the ED, as the case may be,
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 SOF or the ED, as the case may be, to re-
file it in accordance with law.
B. BEFORE THE CA100
I. Scope
This Rule shall apply to appeals from judgments or final orders of the Court of Tax
Appeals and from awards, judgments, final orders or resolutions of or authorized by
any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these
agencies are the Civil Service Commission, Central Board of Assessment Appeals,
Securities and Exchange Commission, Office of the President, Land Registration
Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission, Department
of Agrarian Reform under Republic Act No. 6657, Government Service Insurance
System, Employees Compensation Commission, Agricultural Invention Board,
Insurance Commission, Philippine Atomic Energy Commission, Board of
Investments, Construction Industry Arbitration Commission, and voluntary
arbitrators authorized by law. (n)
II. Cases not covered
This Rule shall not apply to judgments or final orders issued under the Labor Code
 of the Philippines. (n)

III. Where to appeal

An appeal under this Rule may be taken to the Court of Appeals within the period
and in the manner herein provided, whether the appeal involves questions of fact, of
law, or mixed questions of fact and law. (n)

IV. Period of appeal

The appeal shall be taken within fifteen (15) days from notice of the award,
judgment, final order or resolution, or from the date of its last publication, if
publication is required by law for its effectivity, or of the denial of petitioner's motion
for new trial or reconsideration duly filed in accordance with the governing law of the
court or agency a quo. Only one (1) motion for reconsideration shall be allowed.
Upon proper motion and the payment of the full amount of the docket fee before the
expiration of the reglementary period, the Court of Appeals may grant an additional
period of fifteen (15) days only within which to file the petition for review. No further
extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days. (n)

V. How appeal taken

Appeal shall be taken by filing a verified petition for review in seven (7) legible
copies with the Court of Appeals, with proof of service of a copy thereof on the
adverse party and on the court or agency a quo. The original copy of the petition
intended for the Court of Appeals shall be indicated as such by the petitioner.

Upon the filing of the petition, the petitioner shall pay to the clerk of court of the
Court of Appeals the docketing and other lawful fees and deposit the sum of
P500.00 for costs. Exemption from payment of docketing and other lawful fees and
the deposit for costs may be granted by the Court of Appeals upon a verified
motion setting forth valid grounds therefor. If the Court of Appeals denies the
motion, the petitioner shall pay the docketing and other lawful fees and deposit for
 costs within fifteen (15) days from notice of the denial. (n)

VI. Contents of the petition

The petition for review shall (a) state the full names of the parties to the case,
without impleading the court or agencies either as petitioners or respondents; (b)
contain a concise statement of the facts and issues involved and the grounds
relied upon for the review; (c) be accompanied by a clearly legible duplicate
original or a certified true copy of the award, judgment, final order or resolution
appealed from, together with certified true copies of such material portions of the
record referred to therein and other supporting papers; and (d) contain a sworn
certification against forum shopping as provided in the last paragraph of section 2,
Rule 42. The petition shall state the specific material dates showing that it was
filed within the period fixed herein. (2a)

VII. Effect of failure to comply with requirements

The failure of the petitioner to comply with any of the foregoing requirements
regarding the payment of the docket and other lawful fees, the deposit for costs,
proof of service of the petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground for the dismissal thereof.
(n)

VIII. Action on the petition

The Court of Appeals may require the respondent to file a comment on the petition
not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it
finds the same to be patently without merit, prosecuted manifestly for delay, or that
the questions raised therein are too unsubstantial to require consideration. (6a)

IX. Contents of comment

The comment shall be filed within ten (10) days from notice in seven (7) legible
copies and accompanied by clearly legible certified true copies of such material
portions of the record referred to therein together with other supporting papers.
 The comment shall (a) point out insufficiencies or inaccuracies in petitioner's
statement of facts and issues; and (b) state the reasons why the petition should be
denied or dismissed. A copy thereof shall be served on the petitioner, and proof of
such service shall be filed with the Court of Appeals. (9a)

X. Due course

If upon the filing of the comment or such other pleadings or documents as may
be required or allowed by the Court of Appeals or upon the expiration of the
period for the filing thereof, and on the records the Court of Appeals finds prima
facie that the court or agency concerned has committed errors of fact or law that
would warrant reversal or modification of the award, judgment, final order or
resolution sought to be reviewed, it may give due course to the petition;
otherwise, it shall dismiss the same. The findings of fact of the court or agency
concerned, when supported by substantial evidence, shall be binding on the
 Court of Appeals. (n)

XI. Transmittal of record

Within fifteen (15) days from notice that the petition has been given due course,
the Court of Appeals may require the court or agency concerned to transmit the
original or a legible certified true copy of the entire record of the proceeding
under review. The record to be transmitted may be abridged by agreement of all
parties to the proceeding. The Court of Appeals may require or permit
subsequent correction of or addition to the record. (8a)

XII. Effect of appeal

The appeal shall not stay the award, judgment, final order or resolution sought to
be reviewed unless the Court of Appeals shall direct otherwise upon such terms
 as it may deem just. (10a)

XIII. Submission for decision

If the petition is given due course, the Court of Appeals may set the case for oral
argument or require the parties to submit memoranda within a period of fifteen
(15) days from notice. The case shall be deemed submitted for decision upon the
filing of the last pleading or memorandum required by these Rules or by the court
of Appeals. (n)

C. BEFORE THE SC

I. Appeal by Certiorari to the SC101

i.  Filing of petition with Supreme Court

A party desiring to appeal by certiorari from a judgment or final order or

resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial
Court or other courts whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The petition shall raise only
questions of law which must be distinctly set forth. (1a, 2a)

ii.  Time for filing; extension

The petition shall be filed within fifteen (15) days from notice of the judgment
or final order or resolution appealed from, or of the denial of the petitioner's
motion for new trial or reconsideration filed in due time after notice of the
judgment. On motion duly filed and served, with full payment of the docket
and other lawful fees and the deposit for costs before the expiration of the
reglementary period, the Supreme Court may for justifiable reasons grant an
extension of thirty (30) days only within which to file the petition. (1a, 5a)

101
Rule 45 Revised Rules of Court, July 1, 1997.
iii. Docket and other lawful fees; proof of service of petition

Unless he has theretofore done so, the petitioner shall pay the
corresponding docket and other lawful fees to the clerk of court of the
Supreme Court and deposit the amount of P500.00 for costs at the time of
the filing of the petition. Proof of service of a copy, thereof on the lower court
concerned and on the adverse party shall be submitted together with the
petition. (1a)

iv.  Contents of petition

The petition shall be filed in eighteen (18) copies, with the original copy
intended for the court being indicated as such by the petitioner and shall (a)
state the full name of the appealing party as the petitioner and the adverse
party as respondent, without impleading the lower courts or judges thereof
either as petitioners or respondents; (b) indicate the material dates showing
when notice of the judgment or final order or resolution subject thereof was
 received, when a motion for new trial or reconsideration, if any, was filed and
when notice of the denial thereof was received; (c) set forth concisely a
statement of the matters involved, and the reasons or arguments relied on
for the allowance of the petition; (d) be accompanied by a clearly legible
duplicate original, or a certified true copy of the judgment or final order or
resolution certified by the clerk of court of the court a quo and the requisite
number of plain copies thereof, and such material portions of the record as
would support the petition; and (e) contain a sworn certification against
forum shopping as provided in the last paragraph of section 2, Rule 42. (2a)

v.  Dismissal or denial of petition

The failure of the petitioner to comply with any of the foregoing requirements
regarding the payment of the docket and other lawful fees, deposit for costs,
proof of service of the petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground for the dismissal
 thereof.

The Supreme Court may on its own initiative deny the petition on the ground
that the appeal is without merit, or is prosecuted manifestly for delay, or that
the questions raised therein are too unsubstantial to require consideration.
(3a)

vi. Review discretionary

A review is not a matter of right, but of sound judicial discretion, and will be
granted only when there are special and important reasons thereof. The
following, while neither controlling nor fully measuring the court's discretion,
indicate the character of the reasons which will be considered:

(a) When the court a quo has decided a question of substance, not theretofore
determined by the Supreme Court, or has decided it in a way probably not in
accord with law or with the applicable decisions of the Supreme Court; or

(b) When the court a quo has so far departed from the accepted and usual
course of judicial proceedings, or so far sanctioned such departure by a
lower court, as to call for an exercise of the power of supervision. (4a)

vii.  Pleadings and documents that may be required; sanctions

For purposes of determining whether the petition should be dismissed or

denied pursuant to section 5 of this Rule, or where the petition is given due
course under section 8 hereof, the Supreme Court may require or allow the
filing of such pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it may consider
appropriate, and impose the corresponding sanctions in case of non-filing or
unauthorized filing of such pleadings and documents or non-compliance with
the conditions therefor. (n)
 viii. Due course; elevation of records

If the petition is given due course, the Supreme Court may require the
elevation of the complete record of the case or specified parts thereof within
fifteen (15) days from notice. (2a)

ix. Rule applicable to both civil and criminal cases

The mode of appeal prescribed in this Rule shall be applicable to both civil
and criminal cases, except in criminal cases where the penalty imposed is
death, reclusion perpetua or life imprisonment. (n)

II. Petition for Certiorari to the SC102

i. Petition for certiorari

When any tribunal, board or officer exercising judicial or quasi-judicial

functions has acted without or in excess its or his jurisdiction, or with grave
abuse of discretion amounting to lack or excess of jurisdiction, and there is
no appeal, or any plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and justice may require.

The petition shall be accompanied by a certified true copy of the judgment,

order or resolution subject thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3, Rule 46. (1a)

102
Rule 65, Rules of Court, July 1, 1997.
ii.  Petition for prohibition

When the proceedings of any tribunal, corporation, board, officer or person,

whether exercising judicial, quasi-judicial or ministerial functions, are without
or in excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the proper court,
alleging the facts with certainty and praying that judgment be rendered
commanding the respondent to desist from further proceedings in the action
or matter specified therein, or otherwise granting such incidental reliefs as
law and justice may require.

The petition shall likewise be accompanied by a certified true copy of the

judgment, order or resolution subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a sworn certification of non-
forum shopping as provided in the third paragraph of section 3, Rule 46. (2a)

iii.  Petition for mandamus

When any tribunal, corporation, board, officer or person unlawfully neglects

the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust, or station, or unlawfully excludes another from
the use and enjoyment of a right or office to which such other is entitled, and
there is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying that judgment be rendered
commanding the respondent, immediately or at some other time to be
specified by the court, to do the act required to be done to protect the rights
of the petitioner, and to pay the damages sustained by the petitioner by
reason of the wrongful acts of the respondent.

The petition shall also contain a sworn certification of non-forum shopping as

provided in the third paragraph of section 3, Rule 46. (3a)
iv.  When and where petition filed

The petition shall be filed not later than sixty (60) days from notice of the
judgment, order or resolution. In case a motion for reconsideration or new
trial is timely filed, whether such motion is required or not, the sixty (60) day
period shall be counted from notice of the denial of said motion.

The petition shall be filed in the Supreme Court or, if it relates to the acts or
omissions of a lower court or of a corporation, board, officer or person, in the
Regional Trial Court exercising jurisdiction over the territorial area as defined
by the Supreme Court. It may also be filed in the Court of Appeals whether
or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan
if it is in aid of its appellate jurisdiction. If it involves the acts or omissions of
a quasi-judicial agency, unless otherwise provided by law or these Rules, the
petition shall be filed in and cognizable only by the Court of Appeals.

No extension of time to file the petition shall be granted except for

compelling reason and in no case exceeding fifteen (15) days. (4a) (Bar
Matter No. 803, 21 July 1998; A.M. No. 00-2-03-SC)

v.  Respondents and costs in certain cases

When the petition filed relates to the acts or omissions of a judge, court,
quasi-judicial agency, tribunal, corporation, board, officer or person, the
petitioner shall join, as private respondent or respondents with such public
respondent or respondents, the person or persons interested in sustaining
the proceedings in the court; and it shall be the duty of such private
respondents to appear and defend, both in his or their own behalf and in
behalf of the public respondent or respondents affected by the proceedings,
and the costs awarded in such proceedings in favor of the petitioner shall be
against the private respondents only, and not against the judge, court, quasi-
judicial agency, tribunal, corporation, board, officer or person impleaded as
public respondent or respondents.

Unless otherwise specifically directed by the court where the petition is

 pending, the public respondents shall not appear in or file an answer or
comment to the petition or any pleading therein. If the case is elevated to a
higher court by either party, the public respondents shall be included therein
as nominal parties. However, unless otherwise specifically directed by the
court, they shall not appear or participate in the proceedings therein. (5a)

vi.  Order to comment

If the petition is sufficient in form and substance to justify such process, the
court shall issue an order requiring the respondent or respondents to
comment on the petition within ten (10) days from receipt of a copy thereof.
Such order shall be served on the respondents in such manner as the court
may direct together with a copy of the petition and any annexes thereto.

In petitions for certiorari before the Supreme Court and the Court of Appeals,

the provisions of section 2, Rule 56, shall be observed. Before giving due
course thereto, the court may require the respondents to file their comment
to, and not a motion to dismiss, the petition. Thereafter, the court may
require the filing of a reply and such other responsive or other pleadings as it
may deem necessary and proper. (6a)

vii.  Expediting proceedings; injunctive relief

The court in which the petition is filed may issue orders expediting the
proceedings, and it may also grant a temporary restraining order or a writ of
preliminary injunction for the preservation of the rights of the parties pending
such proceedings. The petition shall not interrupt the course of the principal
case unless a temporary restraining order or a writ of preliminary injunction
has been issued against the public respondent from further proceeding in the
case. (7a)

viii.  Proceedings after comment is filed

After the comment or other pleadings required by the court are filed, or the
time for the filing thereof has expired, the court may hear the case or require
 the parties to submit memoranda. If after such hearing or submission of
memoranda or the expiration of the period for the filing thereof the court finds
that the allegations of the petition are true, it shall render judgment for the
relief prayed for or to which the petitioner is entitled.

The court, however, may dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration. (8a)

ix. Service and enforcement of order or judgment

A certified copy of the judgment rendered in accordance with the last

preceding section shall be served upon the court, quasi-judicial agency,
tribunal, corporation, board, officer or person concerned in such manner as
the court may direct, and disobedience thereto shall be punished as
contempt. An execution may issue for any damages or costs awarded in
accordance with section 1 of Rule 39. (9a)

Section 71. Petition for Review of CSC RO Decisions. Decisions/Resolutions rendered by A. Petition for Review of CSC RO Decisions
CSC ROs may be elevated either by the complainant or the respondent to the Commission by way Decisions/Resolutions rendered by CSC ROs may be elevated either by the complainant or the respondent
of a petition for review within fifteen (15) days from receipt thereof. to the Commission by way of a petition for review within fifteen (15) days from receipt thereof.

B. Petition for Review of Decisions of the BLGF

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 Except in cases involving sexual harassment, a Decision/Resolution of the BLGF exonerating the
respondent or dismissing a complaint for lack of prima facie case or issuance of a formal charge for respondent or dismissing a complaint for lack of prima facie case or issuance of a formal charge for a lower
a lower offense is not subject to appeal or petition for review before the Commission. 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 C. Petition for Review with the Court of Appeals
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. 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 Title X
PAYMENT OF BACK WAGES AND OTHER SIMILAR BENEFITS PAYMENT OF BACK WAGES AND OTHER SIMILAR BENEFITS 103

Section 74. Who are Entitled. The following are entitled to back wages and other similar 10.1 WHO ARE ENTITLED104
benefits:
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.
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: 10.2 WHAT ARE INCLUDED105

Subject to the guidelines provided hereinafter and other existing laws, rules and
a. Salaries from the time the official or employee was illegally regulations, the following benefits are included in the scope of back wages:
dismissed /suspended up to the time of actual reinstatement;
a. Salaries from the time the official or employee was illegally dismissed/suspended up
b. Representation and Transportation Allowance (RATA) as to the time of actual reinstatement;
provided under existing rules; b. Representation and Transportation Allowance (RATA) as provided under existing
rules;
c. Personnel Economic Relief Allowance/Additional Compensation Allowance
(PERA/ACA);
c. Personnel Economic Relief Allowance/Additional Compensation d. Restoration of Leave Credits;
Allowance (PERA/ACA); e. Loyalty Award;
f. Anniversary Bonus;
g. 13th, 14th Month Pay and Cash Gift;
d. Restoration of Leave Credits; h. Uniform/Clothing Allowance;
i. Performance-based Bonus; and

103
Rule 14, 2017 RACCS.
104
Section 74, Rule 14, 2017 RACCS.
105
Section 75, Rule 14, 2017 RACCS.
 j. Other similar benefits given to regular employees by the agency.

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 payment 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
10.3 GUIDELINES106
The following are the guidelines on the payment 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 performance of his/her

106
Section 76, Rule 14, 2017 RACCS.

illegally dismissed or suspended respondent is dispensed with
since it is unreasonable to expect or demand performance of
his/her functions when the circumstances prevent one from
doing so.
c. The PERA/ACA shall be paid to civilian government personnel,
whether occupying regular, contractual or casual positions,
appointive or elective, whose positions are covered by RA No.
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. The 13th /14th month pay plus Cash Gift under existing laws or
as provided in the General Appropriations Act (GAA) shall be
granted to each qualified official or employee which is
equivalent to one (1) month basic salary.
functions when the circumstances prevent one from doing so.
c. The PERA/ACA shall be paid to civilian government personnel, whether occupying
regular, contractual or casual positions, appointive or elective, whose positions are
covered by RA No. 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. The 13th /14th month pay plus Cash Gift under existing laws or as provided in the
General Appropriations Act (GAA) shall be granted to each qualified official or
employee which is equivalent to one (1) month basic salary.
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.
 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.
10.4 ALLOWABLE DEDUCTIONS107
The payment of back wages shall be subject to withholding tax, and other allowable
deductions such as GSIS Premium, Phil-Health and HDMF fund contributions, and other
monthly dues/deductions, if there be any, which is imposed by the BLGF or the LGU
concerned, as the case may be.

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 Title XI
REMOVAL OF ADMINISTRATIVE PENALTIES REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES108
OR DISABILITIES
11.1 RECOMMENDATION FOR REMOVAL OF ADMINISTRATIVE PENALTIES OR
DISABILITIES109
Section 78. Recommendation for Removal of Administrative Penalties or Disabilities;
Requirements. In meritorious cases and upon recommendation of the Commission, the President In meritorious cases and upon recommendation of the Commission, the President may
may commute or remove administrative penalties or disabilities imposed upon an official or 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
employee in disciplinary cases, subject to such terms and conditions as the President may
the interest of the service.
impose in the interest of the service.
107
Section 77, Rule 14, 2017 RACCS.
108
Rule 15, 2017 RACCS.
109
Section 78, Rule 15, 2017 RACCS.
 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
110
Section 79, Rule 15, 2017 RACCS.
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 SOF or the ED, as the case may be, from which
he/she was dismissed;
The recommendation shall be in the form herein prescribed.
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.
11.2 GUIDELINES110
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;
 recognized/accepted his/her guilt in his/her petition to show that he/she is c. The petitioner seeking the removal of administrative penalties or disabilities must
repentant/remorseful of the consequences of his/her act, in addition to the above- have recognized/accepted his/her guilt in his/her petition to show that he/she is
mentioned requirements; repentant/remorseful of the consequences of his/her act, in addition to the above-
mentioned requirements;
d. In case where a petitioner is above sixty-five (65) years of age, the Commission may
favorably recommend the removal of his/her administrative penalties or disabilities, d. In case where a petitioner is above sixty-five (65) years of age, the Commission
provided that he/she complies with the requirements and submit proof of moral may favorably recommend the removal of his/her administrative penalties or
reformation; and 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 e. In cases where the person is found guilty of depriving the government of money or
recommend the removal of administrative penalties or disabilities. 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 11.3 CONDUCT OF BACKGROUND INVESTIGATION AND SUBMISSION OF
the appropriate CSC RO for the conduct of background investigation and submission of RECOMMENDATION111
recommendation within sixty (60) days from receipt of the directive.
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 11.4 THE EFFECTS ON THE REMOVAL OF ADMINISTRATIVE PENALTIES OR
existing laws and regulations, the grant of the request shall result in the restoration of the subject DISABILITIES112
employee’s privilege to be employed in the government service, unless the President specifically
orders otherwise. 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,
Restoration of civil service eligibility and the privilege to take civil service examinations unless the President specifically orders otherwise.
shall not apply to those who were found guilty of any form of examination irregularity.
Restoration of civil service eligibility and the privilege to take civil service examinations shall
not apply to those who were found guilty of any form of examination irregularity.
CONTEMPT OF THE COMMISSION (no equivalent provision)

Rule 16
PROCEDURE FOR CONTEMPT
111
Section 80, Rule 15, 2017 RACCS.
112
Section 81, Rule 15, 2017 RACCS.
 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 (no equivalent provision)
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 (no equivalent provision)
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 (no equivalent provision)
contempt committed against the Commission, he/she may be penalized by a fine of One
Thousand Pesos (P1,000.00) 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 fine imposed shall be paid to the
Commission and shall be the personal liability of the respondent.

The finding of guilt for indirect contempt shall not bar the filing of another indirect
contempt case for 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 PART II

NON-DISCIPLINARY PROCEEDINGS
Rule 17 Title XII
INVALIDATION OR DISAPPROVAL OF APPOINTMENT INVALIDATION OR DISAPPROVAL OF APPOINTMENT 113

Section 86. Invalidation or Disapproval; Who May Appeal; Effect. Either the appointing 12.1 WHO MAY APPEAL
113
Rule 17, 2017 RACCS.
 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.
When an appointment is invalidated/disapproved on grounds that do not constitute a
violation of civil service law, the appointee shall be considered a de facto official/employee for
which he/she is entitled to payment of salaries from the government and the services are creditable
government service. On the other hand, when an appointment is invalidated/disapproved for
violation of pertinent laws such as publication requirement pursuant to Republic Act No. 7041,
among others, the services of the appointee shall not be credited as government service and the
salaries of the appointee shall be borne by the appointing authority and/or the persons responsible
for the commission of the violation of a rule, law.
Agencies may fill up a vacant position resulting from promotion only after the CSC has
approved/validated the promotional appointment, except in meritorious cases as may be authorized
by the Commission.
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 CSC RO may be appealed to the Commission within
the fifteen (15)-day reglementary period.
114
AN ACT REQUIRING REGULAR PUBLICATION OF EXISTING VACANT POSITIONS IN GOVERNMENT OFFICES, APPROPRIATING FUNDS THEREFORE, AND FOR OTHER PURPOSES
Either the SOF or the ED, as the case may be, or the appointee may assail the invalidation
or disapproval of an appointment.
12.2 EFFECT OF INVALIDATION/DISAPPROVAL
Pending resolution of the appeal before the CSC, the appointed Local Treasurer or their
assistants or the BLGF personnel shall remain in his/her position with entitlement to
salaries. In case an appointment is finally invalidated or disapproved, he/she shall be
entitled to restoration to his/her previous position, if applicable.
When an appointment is invalidated/disapproved on grounds that do not constitute a
violation of civil service law, the appointed Local Treasurer or their assistants or the BLGF
personnel shall be considered a de facto official/employee for which he/she is entitled to
payment of salaries from the government and the services are creditable government
service. On the other hand, when an appointment is invalidated/disapproved for violation of
pertinent laws such as publication requirement pursuant to Republic Act No. 7041114,
among others, the services of the appointee shall not be credited as government service
and the salaries of the appointee shall be borne by the appointing authority and/or the
persons responsible for the commission of the violation of a rule, law.
The concerned LGU/DOF or the BLGF, as the case may be, may fill up a vacant position
resulting from promotion only after the CSC has approved/validated the promotional
appointment, except in meritorious cases as may be authorized by the Commission.
12.3 EVALUATION OF QUALIFICATION OF APPOINTEE
For purposes of evaluation of the qualification of the appointed Local Treasure or their
assistants or the BLGF personnel, his/her qualification shall be reckoned from the time of
the issuance of the appointment.
12.4 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 NCR while those invalidated or

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).
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Rule 18, 2017 RACCS.
disapproved by the CSC NCR 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 NCR and a
motion for reconsideration at the CSC NCR 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
NCR shall, within ten (10) days from receipt of the latter, be forwarded to the CSC NCR or
the Commission as the case may be.
Title XIII
PROTEST, REVOCATION AND RECALLOF APPOINTMENTS115
13.1 WHO MAY FILE
Only a qualified next-in-rank (QNR) official or employee may file a protest against an
appointment made in favor of another who does not possess the minimum qualification
requirements.
13.2 WHERE TO FILE
A QNR official or employee shall have the right to appeal initially to the SOF or the ED, as
the case may be, then to the CSC NCR, and then to the Commission proper.
13.3 WHEN TO FILE
Protest may be filed within fifteen (15) days from the announcement and/ or posting of
appointments subject of protest.
In the case of Local Treasurers and their assistants, a copy of the Appointment is
transmitted to the appointee, copy furnished the BLGF RO and the concerned LGU.
For BLGF employees, the Central Office (CO) shall furnish the concerned BLGF RO a copy
of the Notice of Appointments Issued. The Notice of Appointments Issued shall be duly
posted in the bulletin boards or at conspicuous places both in the CO and the RO within 30
days.
For this purpose, all appointments or promotions shall be duly announced and/or posted in
bulletin boards or at conspicuous places in the concerned LGU or the BLGF, as the case

Section 92. Effect on the Appointment. A protest shall not render an appointment
ineffective or bar the approval/validation thereof, by the CSC FO, CSC RO or the 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
may be, 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).
13.4 ACTION ON THE PROTEST
In case of Local Treasurers and their assistants, the ED or the RD, as the case may be,
may request the protestee to submit his/her comment thereon, when deemed necessary.
Thereafter, the RD shall submit its Resolution on the protest for confirmation of the ED.
13.5 EFFECT ON THE APPOINTMENT
A protest shall not render an appointment ineffective or bar the approval/validation thereof,
by the CSC FO, CSC NCR 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 SOF or the ED, as the case may be, 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 SOF or the ED, as the case may be,
granting the protest shall be subject to appeal by the appointee or to automatic review by
the concerned CSC NCR. The appointing authority shall within five (5) days from issuance
of such decision or resolution transmit the records of case to the CSC NCR for disposition.
The SOF or the ED, as the case may be, however, does not have the power to revoke an
appointment which was already submitted to the CSC FO.
13.6 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 DOF
or BLGF, as the case may be.
13.7 WITHDRAWAL OF THE PROTEST OR APPEAL BY THE QNIR OFFICIAL OR
EMPLOYEE
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.
13.8 TRANSMITTAL OF RECORDS
systematically and chronologically arranged, paged and securely bound to prevent loss and shall In case the decision on protest is appealed to the Commission, the SOF or the ED, as the
include the following: case may be, shall forward his/her comment together with 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, tabbed, paged and securely bound to prevent loss and shall
a. Statement of duties or job description of the contested position; 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 b. Duly accomplished and updated personal data sheets of the parties with certified
certified statement of service records attached; statement of service records attached;
c. Certified copy of the protested appointment; and
c. Certified copy of the protested appointment; and
Comparative assessment of the qualifications of the protestant and protestee.
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 13.9 DISMISSAL OF PROTEST
grounds:
A protest shall be dismissed by the SOF or the ED, as the case may be, on any of the
a. The protestant is not qualified next-in-rank; following grounds:
a. The protestant is not QNR;
b. The protest is not directed against a particular protestee but to b.    The protest is not directed against a particular protestee but to “anyone
“anyone who is appointed to the position” or directed to two or more who is appointed to the position” or directed to two or more protestees;
protestees;
c. No appointment has been issued; or  
d.    The protest is filed outside of the fifteen (15) -day reglementary period.
c. No appointment has been issued; or

d. The protest is filed outside of the fifteen (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.
13.10 FINALITY OF DECISION
A Resolution shall be issued by the RD 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.

For this purpose, a Notice of Resolution addressed to the parties shall be issued by the ED,
or the RD, as the case may be.
Section 98. Effect of Decision. In case the protest is finally decided by the CSC against 13.11 EFFECT OF DECISION
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 In case the protest is finally decided by the CSC against the protestee, the
position, if applicable. 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 13.12 RECALL OF APPROVAL/ VALIDATION OF APPOINTMENT
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 The Commission, or the CSC NCR or CSC FO, motu proprio or upon petition by any
meet the requisite qualification standards of the position or on the ground that the appointment was person, may initiate the recall of approval/validation of an appointment of an official or
issued in violation of existing civil service laws, rules, and regulations.
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 13.13 WHEN AND WHERE TO FILE
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 The petition may be filed anytime, during a subsisting appointment, to the CSC NCR which
decision. 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 13.14 EFFECT ON THE APPOINTMENT
approval/validation of an appointment, the appointee shall remain and continue to discharge the
functions of the position. 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 13.15 FINALITY OF DECISION
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. 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 13.16 EFFECT OF DECISION
appointment is 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 When the petition to recall the approval/validation of an appointment is decided by the CSC
case of a promotion from within the same agency, the appointee shall be reverted to his/her former against the appointee, the approval/validation of his/her appointment shall be revoked and
position, if applicable.
the appointment shall be considered disapproved/invalidated. In case of a promotion from
within the concerned LGU or the BLGF, as the case may be, the appointee shall be
reverted to his/her former position, if applicable.
Rule 19 TITLE XIV
CORRECTION OF PERSONAL INFORMATION IN CORRECTION OF PERSONAL INFORMATION
THE RECORDS OF THE COMMISSION IN THE CSC REGIONAL OFFICE116
116
Rule 19, 2017 RACCS.
 Section 104. When and Where to File. Request for correction of personal information
shall be filed before retirement or on meritorious grounds, within one (1) year thereafter, with the
CSC RO 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 CSC RO 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.
14.1 WHEN AND WHERE TO FILE
Any official or employee may request for the correction of his/her personal information and
shall be filed before the retirement of said official or employee or on meritorious grounds,
within one (1) year thereafter, with the CSC. Said request shall be acted upon within fifteen
(15) days from receipt.
14.2 REQUIRED DOCUMENTS
The official or employee shall submit the following documents together with the request:
1. 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;
2. Personal Affidavit of Discrepancy; and
3. Photocopy of documents sought to be corrected.
A filing fee, whenever required, shall be paid and a receipt thereof shall be attached to the
request.
14.3 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:
1. 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.
2. 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.
14.4 CORRECTION OF PERSONAL INFORMATION IN THE BLGF RECORDS

Within fifteen (15) days from receipt of the Resolution by the CSC granting the correction of
personal information, an official or employee concerned shall submit said Resolution to the
BLGF Central or Regional Office, as the case may be, for the correction of his/her 201 File.

a. RESOLUTION SUBMITTED TO THE REGIONAL OFFICE

In case the local treasurer or assistant local treasurer submitted said Resolution
to the BLGF Regional Office, the Regional Director concerned shall forward the
same to the BLGF Central Office for the correction of the 201 file.

b. RESOLUTION SUBMITTED TO THE CENTRAL OFFICE

In case the local treasurers and assistant local treasurers submitted said
Resolution to the BLGF Central Office, the ED shall inform the RO concerned
on the action taken thereon and direct the notation of the necessary changes in
the files thereat.

c. REQUEST FOR CORRECTION OF PERSONAL INFORMATION

WITHOUT A CSC RESOLUTION

In the event that the official or employee requested for the correction of his/her
personal information without a CSC Resolution granting said request, the ED or
the RD, as the case may be, shall inform the official or employee to submit the
said request to the CSC RO concerned, within fifteen (15) days from notice.

14.5 ACTION ON REQUEST FOR CORRECTION

Upon receipt of the Resolution by the CSC granting the correction of personal information,
the official or employee concerned shall submit said Resolution and the updated Personal
Data Sheet (PDS) to the BLGF CO and RO, as the case may be, and the same shall be
filed in his/her 201 File.
 In the event that the official or employee requested for the correction of his/her personal
information without a CSC Resolution granting said request, the ED or the RD, as the case
may be, shall inform the official or employee to submit the said request to the CSC NCR
concerned for appropriate action.

Rule 20 TITLE XV
DROPPING FROM THE ROLLS DROPPING FROM THE ROLLS117

Section 107. Grounds and Procedure for Dropping from the Rolls. Officers and This mode of separation from the service for unauthorized absences or unsatisfactory or
employees who are absent without approved leave, have unsatisfactory or poor performance, or poor performance or physical or mental disorder is non-disciplinary in nature and shall not
have shown to be physically or mentally unfit to perform their duties may be dropped from the result in the forfeiture of any benefit on the part of the official or employee or in
rolls within thirty (30) days from the time a ground therefor arises subject to the following
disqualification from reemployment in the government.
procedures:
15.1 GROUNDS FOR DROPPING FROM THE ROLLS
a. Absence Without Approved Leave 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
1. An official or employee who is continuously absent without official leave (AWOL) may be dropped from the rolls within thirty (30) days from the time a ground therefor arises.
for at least thirty (30) working days may be dropped from the rolls without prior
notice which shall take effect immediately.
15.2 PROCEDURES FOR DROPPING FROM THE ROLLS
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 The dropping from the rolls shall be subject to the following procedures:
address.
A. ABSENCE WITHOUT APPROVED LEAVE (AWOL)
2. If the number of unauthorized absences incurred is less than thirty (30) working days, I. AWOL for Thirty (30) 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 An official or employee who is continuously absent without official leave (AWOL)
period stated in the order, which shall not be less than three (3) days, is a valid ground
for at least thirty (30) working days may be dropped from the rolls without prior
to drop him/her from the rolls.
notice by the ED which shall take effect immediately.
3. If it is clear under the obtaining circumstances that the official or employee
He/she shall, however, have the right to appeal his/her separation within fifteen
concerned, has established a scheme to circumvent the rule by incurring substantial

117
Rule 20, 2017 RACCS.

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. An employee 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 dropping from the rolls. 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 the 3rd month
with sufficient warning that failure to improve his/her performance within the
remaining period of the semester shall warrant his/her dropping from the rolls.
(15) days from receipt of the notice of separation which must be sent to his/her
last known address.
The procedures set forth under item 2.4. (A) (I & II) Title II of this Manual shall
be observed.
II. AWOL for Less Than Thirty (30) Days
If the number of unauthorized absences incurred is less than thirty (30) working
days, in the case of Local Treasurer, the Return-to-Work order (RTWO) shall be
issued by the HRMO duly recommended by the LCE. In the case of assistant
treasurers, the RTWO shall be issued upon recommendation of the concerned
municipal, city or provincial Treasurers. Said RTWO shall be served on the Local
Treasurer and their assistants at his/her last known address on record.
In the case of BLGF personnel, a written Return-to-Work order shall be issued by
the Chief of Administrative Division or the Administrative Officer V (AO V) of the
BLGF RO, as the case may be, approved by the concerned Directors shall be
served 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.
III. Substantial Absences
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.
B. UNSATISFACTORY OR POOR PERFORMANCE
1. An employee who obtained Unsatisfactory rating for one rating period or

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
1. 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.
2. 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.
exhibited poor performance within the first three (3) months of the rating
period shall be provided appropriate developmental intervention by the LCE
and Provincial Treasurer or the RD, as the case may be, in coordination with
the respective HRMO, 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 dropping from the rolls. 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 enumeration no. (14) of Definition of Terms of this Manual.
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 the 3rd month with sufficient warning that failure to improve
his/her performance within the remaining period of the semester shall warrant
his/her dropping from the rolls. 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. Any Local Treasurer and their assistants or BLGF personnel 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.

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.
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
1. Any Local Treasurer and their assistants or BLGF personnel 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.
2. If the Local Treasurer and their assistants or BLGF personnel 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.
15.3 WRITTEN NOTICE
The RTWO, notice of unsatisfactory/poor performance, and notice of physical unfitness
shall be issued by the HRMO duly recommended by the LCE. In the case of assistant
treasurers, said notice shall be issued by the respective HRMO upon recommendation of
the concerned municipal, city or provincial treasurers. The same shall be served to the
concerned Local Treasurer and their assistants, as the case may be, which shall form part
of his/her 201 File.
In the case of BLGF personnel, RTWO, notice of unsatisfactory/poor performance and
notice of physical unfitness shall be issued by the Chief of Administrative Division or the
Administrative Officer V (AO V) of the BLGF RO, as the case may be, upon
recommendation of the concerned Division Chief/Section Head/RD, as the case may be.
 Said notices shall be
Received by the concerned BLGF personnel which shall form part of his/her 201 File.

For this purpose, in case of poor/unsatisfactory performance, proof of developmental

interventions shall be submitted to the HRM Office concerned to address competency-
related performance gaps.

Section 109. Order of Separation through Dropping from the Rolls; Immediately 15.4 ORDER OF SEPARATION; IMMEDIATELY EXECUTORY
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 The Bureau shall not entertain motion for reconsideration from the order of separation
within fifteen (15) days from receipt of the order. Pending appeal the order of separation is through dropping from the rolls. The Local Treasurer and their assistants and the BLGF
immediately executory.
personnel 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 (already mentioned in the preliminaries of Dropping from the Rolls heading)
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.

Title XVI
Rule 21 REMEDIES IN NON-DISCIPLINARY
REMEDIES IN NON-DISCIPLINARY CASES
16.1 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 The aggrieved party in non-disciplinary cases may avail of the applicable remedies
provided by law or these Rules.
provided for under Item Nos. 9.2 and 9.3 Title IX of this Manual.
All actions of CSC ROs 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. 16.2 EFFECTS OF DECISIONS OF THE CSC ON APPEAL OR PETITION FOR
Where the Commission sets aside or reverses a decision, the effect shall be as follows: 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; 1. 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.
118
Section 1, Presidential Decree No. 478. June 4, 1974
2. Illegal Termination - the employee shall be reinstated with payment of back wages
and other monetary benefits;
3. Disapproval, Invalidation, and Revocation of Appointments - the appointee shall
remain in that position.
4. Reassignment, Transfer, Detail, or Secondment – the employee shall be restored to
former position; and
5. Demotion– the employee shall be entitled to back wages and other similar benefits
and restoration of former salary grade with the same salary step.
Title XVII
MISCELLANEOUS PROVISIONS
17.1 ASSISTANCE FROM OFFICE OF THE SOLICITOR GENERAL (OSG)
When a case is filed against a BLGF official or employee in his/her official capacity, or
when the DORS issued by the SOF or the ED, as the case may be, is reversed on appeal,
the assistance from the OSG shall be sought. As part of its mandate and functions, the
OSG shall represent the Government of the Philippines, its agencies and instrumentalities
and its officials and agents in any litigation, proceeding, investigation or matter requiring the
services of lawyers.118
17.2 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.
17.3 CASES OF SEXUAL HARASSMENT
In sexual harassment cases, the complaint shall be filed with the Committee on Decorum
and Investigation (CODI) in the BLGF CO and BLGF ROs.
 17.4 VIOLATIONS OF REPUBLIC ACT (R.A.) NO.11032 ALSO KNOWN AS “EASE
OF DOING BUSINESS AND EFFICIENT GOVERNMENT SERVICE DELIVERY
ACT OF 2018”

Any violation of the provisions of R.A. No. 11032 shall be vested in either the CSC, or the Office
of the Ombudsman as determined by appropriate laws and issuances.119

17.5 SUPPLETORY APPLICATION; CONSTRUCTION

In the absence of any applicable rule in this Manual, the pertinent provisions of the CSC
2017 RACCS and other rules of procedure of judicial and quasi-judicial bodies shall have
suppletory application. In case of inconsistencies, treating on the same matter, the latter
rule shall apply.

______________, Manila, Philippines.

Section 114. Execution of CSC RO Decisions. The decisions of the CSC ROs 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 CSC ROs 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 (no equivalent provision)
or fails to implement the executory 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
119
Section 24 of R.A. No. 11032 also known as the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.
Commission as defined in Rule 16 hereof 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 17.2 COMPUTATION OF PERIOD
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 In computing any period of time prescribed by these Rules, the first day shall be excluded
the next working day. 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.

(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.

(a) 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 CSC ROs, 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 (no equivalent provision)
provided in separate issuances that the Commission shall promulgate as it may deem fit.

RULE 23 (no equivalent provision)

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 and regulations,
inconsistent with these Rules are hereby 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 (no equivalent provision)
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.