Professional Documents
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RRACCS
RRACCS
RRACCS
CONSTITUTIONAL BASIS
2
COVERAGE (Sec.2)
Application of Rules to all
disciplinary/non-disciplinary cases
before the:
• LGUs
• GOCCs
3
JURISDICTION (Rule 2)
• Civil Service Commission (Sec. 5)
5
JURISDICTION (Rule 2)
B. NON-DISCIPLINARY (Sec. 7, par. b)
1. Decisions of heads of agencies on
personnel actions;
2. Decisions of CSCROs;
3. Requests for favorable
recommendation on executive
clemency;
4. Protests against appointments, or
other personnel actions, involving non-
presidential appointees;
6
NON-DISCIPLINARY (Sec. 7, par. b)
7
DROPPING FROM THE ROLLS (Rule 19)
8
DROPPING FROM THE ROLLS (Rule 19)
Additional Rules:
1 poor rating
- Due notice of the status of the
employee’s performance not later than
the fourth (4th) month
11
DROPPING FROM THE ROLLS (Rule 19)
Physically Unfit
12
DROPPING FROM THE ROLLS (Rule 19)
Additional Rules:
-An officer or employee who is
behaving abnormally manifests
continuing mental disorder and
incapacity to work as reported by
his/her co-workers or immediate
supervisor and confirmed by a
competent physician, he/she may
likewise be dropped from the rolls.
13
DROPPING FROM THE ROLLS (Rule 94)
Order or separation shall be
signed by appointing authority or
head of agency
Written Notice
- may be signed by immediate
supervisor informing of his incapacity
to work.
14
DROPPING FROM THE ROLLS (Rule 19)
Order or separation immediately
executory unless the CSC, in
meritorious cases, directs
otherwise
Non-disciplinary in nature
- no forfeiture of benefits
- could be reemployed
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• DISCIPLINARY CASES
16
OUTLINE
COMPLAINT
PRELIMINARY INVESTIGATION
DECISION 17
COMPLAINT (Rule)
Administrative proceedings may be
initiated by:
18
CONTENTS OF A COMPLAINT
20
SAMPLE SHOW CAUSE ORDER
21
WITHRAWAL OF THE COMPLAINANT
23
PRELIMINARY INVESTIGATION
(Rule 4)
26
FORMAL CHARGE (Rule 5)
27
CONTENTS OF A FORMAL
CHARGE (Section 20)
28
NOTICE OF CHARGE/S (Sec. 21)
• Respondent shall be
considered to have waived
his/her right to submit the
same.
30
PREVENTIVE SUSPENSION
(Rule 7, Sec. 25)
•When issued / Grounds (Sec. 26)
• Dishonesty;
• Oppression;
• Grave Misconduct;
• Neglect in the Performance of Duty;
• Administrative offenses punishable
by dismissal from the service on its
second or third offense
• If there are reasons to believe that the
respondent is guilty of charges which would
warrant his/her removal from the service.
31
PREVENTIVE SUSPENSION
(Rule 7)
• Duration of Preventive Suspension (Sec. 27)
• 90 days – National Agencies
32
PREVENTIVE SUSPENSION
(Rule 7)
• Remedies from the Order of
Preventive Suspension (Sec. 28)
34
FORMAL INVESTIGATION
(Rule 8)
• conducted by the disciplining authority where the
merits of the case cannot be decided judiciously
• may entrusted to lawyers of other agencies
• when the respondent elects to have one, in which
• shall be held not earlier than five (5) days nor later
than ten (10) days from receipt of the answer or
upon the expiration of the period to answer.
• should be finished within thirty (30) days from the
issuance of the formal charge unless the period is
extended by the disciplining authority in meritorious
cases.
35
FORMAL INVESTIGATION
(Rule 8)
36
FORMAL INVESTIGATION
(Rule 8)
Pre-Hearing Conference
• Stipulation of facts;
• Simplification of issues;
• Identification and marking of evidence of the
parties;
• Waiver of objections to admissibility of
evidence;
• Limiting the number of witnesses, and their
names;
• Dates of subsequent hearings; and
• Such other matters as may aid in the prompt
and just resolution of the case. 37
FORMAL INVESTIGATION
(Rule 8)
•Postponement (Sec. 33)
Each party may be granted one (1)
postponement upon oral or written request
Pendency of an administrative
case shall not disqualify
respondent from promotion and
other personnel actions or from
claiming maternity/paternity
benefits.
39
FORMAL INVESTIGATION
(Rule 8)
40
FORMAL INVESTIGATION
(Rule 8)
41
SUBSTANTIAL EVIDENCE
42
CLASSIFICATION OF
OFFENSES/ PENALTIES
43
CLASSIFICATION OF
OFFENSES/ PENALTIES
44
PENALTIES DEMOTION
(Sec. 46 (c)
45
CLASSIFICATION OF
OFFENSES/ PENALTIES
46
CLASSIFICATION OF
OFFENSES/ PENALTIES
Simple Dishonesty
Less Grave Offenses (Section 46, E)
48
FINE (Sec. 47)
Circumstances
1. functions and nature of office is impressed
with national interest
2. respondent is discharging frontline functions
or dealing with the public and not enough
personnel complement
3. respondent committed the offense without
utilizing or abusing the powers of his/her
position or office
49
FINE (Sec. 47)
The maximum period to pay the fine shall not
exceed one (1) year from the time the
decision/resolution becomes final and executory.
50
DURATION AND EFFECT OF
ADMINISTRATIVE PENALTIES (Sec. 51)
51
ADMINISTRATIVE DISABILITIES INHERENT IN
CERTAIN PENALTIES (Sec. 52)
• Dismissal
cancellation of eligibility
forfeiture of retirement benefits
perpetual disqualification from holding public
office
bar from taking civil service examinations
• Demotion
disqualification from promotion for one (1)
year.”
• Suspension
disqualification for promotion equivalent to the
period of suspension 52
ADMINISTRATIVE DISABILITIES INHERENT IN
CERTAIN PENALTIES (Sec. 52)
• Fine
disqualification from promotion for the same period
he/she was fined
if respondent fail to pay in full the fine within the
prescribed period, he/she shall be deemed to have
failed to serve the penalty imposed, hence, the
disqualification for promotion shall remain in effect
until such time that the fine is fully paid.
• Suspension
cessation of work
Non-entitlement to all monetary benefits
including leave credits (for the period of suspension)
shall continue to apply when the penalty of fine is
imposed in lieu of suspension. 53
EFFECTS OF EXONERATION (Sec. 53)
• FINE = refunded
When applicable:
55
REMEDIES
Cases that may be settled:
56
REMEDIES
MOTION FOR RECONSIDERATION IN
DISCIPLINARY CASES
58
REMEDIES
Perfection of an Appeal (Sec. 64)
59
REMEDIES
Perfection of an appeal
• A statement or certificate of
non-forum shopping.
60
REMEDIES
Effect of Failure to Comply with Requirements:
• 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 and shall cause the dismissal of the
appeal with prejudice to its refiling
.
61
REMEDIES
When case is remanded for violation of the right to
due process (Sec. 66)
*revised 63
REMEDIES
Petition for Review of Decisions of
Agencies (Sec. 69)
64
REMOVAL OF ADMINISTRATIVE
PENALTIES OR DISABILITIES (Rule 14)
Guidelines for the grant of favorable
recommendation for the removal of
administrative penalties or disabilities:
66
NON-EXECUTION OF DECISION (Sec. 121)
*Revised
67
MC No. 6, s. 2011
(Entitlement to Backwages and Other
Benefits of Illegally Dismissed
Employees)
68
• CONTEMPT
69
CONTEMPT OF THE COMMISSION
(Rule 15)
• Contumacious/Contemptuous Acts
70
PROCEDURE (Section 74)
• Proceedings may be initiated motu proprio by the
Commission
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PENALTY (Sec. 76)
• Fine - One Thousand (P1,000.00) Pesos per day for
every act of indirect contempt
72
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