Salient Points of the 2017 Rules on

Administrative Cases
in the Civil Service
(2017 RACCS)

Atty. Ritche Y. Parenas

Office for Legal Affairs, Civil Service Commission

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 • To know the legal bases of the 2017 RACCS;
TRAINING OBJECTIVES

• To have an overview of the basic concepts related

to administrative discipline;
• To be familiarized with the procedures in
administrative cases from the time it is initiated,
the conduct of the preliminary investigation,
formal investigation (if elected by the respondent)
and the available remedies after a decision is
rendered;
• To know the classification of offenses and their
corresponding penalties
• To have an overview of the non-disciplinary
aspect of the 2017 RACCS (ex: Dropping From the
Rolls)

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 2017 Rules on
Administrative
Cases in the Civil
Service
 1. Art. XI, 1987 Constitution (Public Accountability);
2. Art. IX, 1987 Constitution (Civil Service);
3. The Revised Administrative Code of 1987 (EO 292);
LEGAL BASES OF
THE 2017 RACCS

4. Local Government Code of 1991 (RA No. 7160)

5. RA No. 6713 (Code of Conduct and Ethical Standards for
Public Officials and Employees);
6. RA No. 6770 (The Ombudsman Act of 1989);
7. URACCS and the RRACCS (old rules);
8. Administrative Disciplinary Rules on Sexual Harassment
Cases (revised by CSC MC No. 11, s. 2021);
9. RA No. 7877 (Sexual Harassment Act) and RA No. 11313
(Safe Spaces Act);
10. Supreme Court Decisions related to Civil Service;
11. CSC Resolutions (final and executory);
12. Other Laws dealing with administrative discipline

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 “Public Office is a public trust. Public Officers and
CONSTITUTIONAL BASES
employees must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice and lead modest
lives” - Article XI of the 1987 Constitution

“No officer or employee of the government can be disciplined or

removed from office except for cause and after due process.
– Article IX-B, Section 2, Paragraph 3 of the 1987 Constitution

The [Civil Service Commission] en banc may promulgate its

own rules concerning pleadings and practices before it or
before any of its offices. Such rules however shall not diminish,
increase, or modify substantive rights. – Article IX-A, Section 6
of the 1987 Constitution

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OVERVIEW

General Provisions
Jurisdiction and Venue of Actions
Disciplinary Cases
Penalties
Remedies
Contempt of the Commission
Non-disciplinary cases
Miscellaneous Provisions

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COVERAGE OF THE 2017 RACCS
It covers all disciplinary/non-disciplinary
administrative cases before the:

 Civil Service Commission and its ROs or FOs

 Agencies of the National Government
 LGUs
 SUCs or LUCs
 GOCCs w/ original charter
 except as may be provided by law

* Agencies may promulgate their own rule provided it

will not be in conflict with the 2017 RACCS
** Liberally construed without strict recourse to the
technical rules of procedure and evidence.

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WHAT IS JURISDICTION?

The authority to hear and decide cases.

The power or jurisdiction to institute

disciplinary actions in administrative cases
is lodged only on the disciplinary authority
to which such power is vested by law.
Absent such legal basis the power to
discipline cannot be exercised.

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KINDS OF JURISDICTION JURISDICTION

Exclusive Original
Original
Jurisdiction
Concurrent
Jurisdiction Original
(Over Administrative Cases)

Appellate Exclusive Original

Jurisdiction Appellate

Jurisdiction once present is not lost upon the instance of the

parties but continues until the case is terminated. (Que vs. Court
of Appeals, 339 SCRA 505)

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DISCIPLINING AUTHORITY
Heads of agencies have jurisdiction to investigate and
discipline their own officials and employees, however,
heads of agencies may delegate the power to
investigate to their subordinates …(Sec. 47, par 2
and 3, EO 292).

Does this include the power to issue a Formal

Charge? YES. “The rule on the non-delegation of the
BIR Commissioner’s power to discipline BIR employees
under the EO No. 292 does not include the delegation of
the power to issue formal charges and preventive
suspension orders, which are merely part of the
investigation process. (BIR vs. Gan-Lim, Jr., G.R. No.
254939, 03 March 2021)

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WHAT IS FORUM SHOPPING?
The practice of shopping for a
favorable forum to insure a favorable
action. This is considered a malpractice
and can be used as a ground for
disciplinary action. It may also cause the
outright dismissal of the case filed.
A statement or certification of non-
forum shopping IS MANDATORY in all
initiatory pleadings before the same
can be acted upon or is considered as
perfected.

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JURISDICTION OF THE CSC
A. DISCIPLINARY (Sec. 7, Rule 2)

 Decisions of CSC ROs brought before it on petition for

review;
 Complaints brought against CSC officials and
employees both in the Central Office (CO) and CSC ROs.
 Complaints against officials who are not presidential
appointees or elective officials
 Decisions of disciplining authority imposing penalties
exceeding 30 days suspension or fine in an amount
exceeding 30 days salary brought before it on appeal;

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 Decisions of disciplining authority imposing penalties
not exceeding thirty (30) days suspension or fine
equivalent to thirty (30) days salary but violating due
process;
 Requests for transfer of venue of hearing on cases being
heard by CSCROs;
 Appeals or petitions for review from orders of
preventive suspension; and
 Such other actions or requests involving issues arising
out of or in connection with the foregoing
enumeration.

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B. NON-DISCIPLINARY

 Decisions of department secretaries and bureau heads

on human resource actions;
 Decisions of CSCROs;
 Requests for favorable recommendation on petition for
the removal of administrative penalties or disabilities;
 Requests for extension of service excluding presidential
appointees;
 Appeals from reassignment of public health workers and
public social workers:
 Such other analogous actions or petitions arising out of
or in relation with the foregoing enumerations.

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WHAT IS DUE PROCESS?
Due Process may be either procedural or
substantive.

Due process is satisfied when a person is notified of

the charge against him and given an opportunity to
explain or defend oneself.

The essence of due process, therefore, as applied to

administrative proceedings, is (1) an opportunity to
explain one's side, or (2) an opportunity to seek a
reconsideration of the action or ruling complained of.
(Office of the Ombudsman v. Conti, G.R. No.
221296, 22 February 2017)

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PROCEDURAL DUE PROCESS
COMPLAINT (Rule 3)

PRELIMINARY INVESTIGATION (Rule 4)

ISSUANCE OF FORMAL CHARGE (Rule 5)

CONDUCT FORMAL INVESTIGATION (Rules 6-8)

DECISION (Rule 9)

APPEAL/PETITION FOR REVIEW (Rule 12-13)

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 WHO MAY INITIATE?
(Sec. 10, Rule 3)
COMPLAINT

 Disciplining Authority motu proprio

 Any other person

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 Requisites of a Valid Complaint – in writing,
VERIFIED C OMPLAINT

subscribed and sworn to by the complainant (Sec. 11,

Rule 3, 2017 RACCS)

Contents of a Complaint:
a. full name and address of the complainant;
b. full name and address of the person/s complained of
as well as his/her/their position/s and office/s;
c. a narration of the relevant and material facts which
shows the acts or omissions allegedly committed;
d. certified true copies of documentary evidence and
affidavits of his/her witnesses, if any; and
e. certification or statement of non-forum shopping.

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ANONYMOUS COMPLAINT

 No anonymous complaint should be

entertained, except when:
 the act complained of is of public
knowledge
 or the allegations can be verified
 or supported by documentary or
direct evidence.
Sec. 12, Rule 3, 2017 RACCS)

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WHEN AND WHERE TO FILE
 CSC CO or any of its ROs
 Heads of:
 Departments, agencies, NGA,
LGUs, SUCs, LUCs and GOCCs w/
original charter
 Except as may be provided by law
**SH cases must be filed with the
CODI.

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PRELIMINARY INVESTIGATION
 a mandatory proceeding undertaken to
determine whether a prima facie case exists
to warrant the issuance of a formal
charge/notice of charge.

 Prima Facie – 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 - Wa-acon vs People of the
Phils. G.R. No. 164575, Dec. 6, 2006.

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PRELIMINARY INVESTIGATION
MAY BE CONDUCTED IN ANY OF THE
FOLLOWING MANNER

1. 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 (Show Cause)
2. An ex-parte evaluation of the records;
or
3. clarificatory meeting with the parties to
discuss the merits of the case.
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PRELIMINARY INVESTIGATION
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 failure to submit a comment/counter-
affidavit/explanation.

Failure to submit one shall be considered a

waiver thereof and the preliminary
investigation may be completed even without
the counter-affidavit

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24
DURATION:
 shall commence within a non-extendible
period of 5 days upon receipt of the
complaint;
 the period may be extended in
meritorious cases
 Within 5 days from termination of PI, PI
Reports shall be submitted and it shall be
treated with confidentiality

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PRELIMINARY INVESTIGATION
Lack of Preliminary Investigation
renders the proceedings VOID.

The filing of a formal charge without

the conduct of preliminary
investigation is a violation of the right
to due process. Formal charge is null
and void and can be assailed any time. -
(GSIS vs. Molina G.R. No. 157383
dated August 10, 2010)
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 A Formal Charge must contain the following:
 specification of charge/s
A FORMAL CHARGE

 brief statement of material or relevant facts which

may accompanied by certified true copies of the
ISSUANCE OF

documentary evidence
 sworn statements covering the testimony of
witnesses,
 a directive to answer the charge/s in writing, under
oath in not less than 3 days but not more than 10
days from receipt
 Advice indicate in his/her answer whether he/she
elects a formal investigation of the charge/s
 a notice that he/she may opt to be assisted by a
counsel of his/her choice.

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 (Sec. 24, Rule 5)
NOTICE OF CHARGE/S

 If the complaint was filed by another

person, the Disciplining Authority may
issue a written notice of the charge(s)
together with copies of the complaint,
sworn statement and other documents
submitted

 It has the same contents as a Formal

Charge

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PROHIBITED PLEADINGS

A Respondent must not file any of the following

when he/she is required to answer a formal charge:

 motion for clarification,

 motion for bill of particulars
 motion to dismiss
 motion to quash
 motion for reconsideration

If filed, the same shall be noted without action

and attached to the records of the case.

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ANSWER TO THE FC/NC
 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.

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TO FILE AN ANSWER
EFFECT OF FAILURE

 Respondent shall be considered to

have waived his/her right to submit
the same.

 The case may be decided based on

available records.

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DOES THE FC NEED TO BE

The formal charge need not be drafted with the

precision of an information in a criminal case.
PRECISE?

It is sufficient that he was apprised of the

substance of the charge. What is controlling is the
allegations of the acts complained of, NOT the
designation of the offense.

(Bacsin v. Wahiman, G.R. No. 146053, 30 April

2008)

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 • “Without a formal charge and proper investigation on
A FORMAL CHARGE
EFFECT OF LACK OF

the charges imputed on the respondent, the respondent

did not get the chance to sufficiently defend herself; and
more importantly, the petitioner, the CSC and the courts
could not have had the chance to reasonably ascertain
the truth which the CSC rules aim to accomplish. xxx
• Respondent should have been given the opportunity to
prove her defenses against the charge of insubordination
and present evidence to refute petitioner’s claim that
her reassignment was reasonable, necessary and not
impelled by improper considerations.” - Salva vs. Valle
G.R. No. 193773, April 2, 2013

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 (Section 28, 2017 RACCS)
A FORMAL CHARGE
EFFECT OF LACK OF

 is not a penalty but is a measure of

precaution so that the official or
employee charged may be removed from
the scene of his/her alleged
misfeasance/ malfeasance/ nonfeasance
while the same is being investigated

 It may be issued simultaneously or after

the issuance of the formal charge
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 2 Parameter Rule in PS (Sec. 29, Rule 7)
PREVENTIVE SUSPENSION
A. The charge involves:
 Dishonesty;
 Oppression;
 Grave Misconduct;
 Neglect in the Performance of Duty;
 Other offenses punishable by dismissal from the
service
 Administrative offenses committed on its second
or third instance and the penalty is dismissal from
the service

B. The respondent/s is in a position to exert undue

influence or pressure on the witnesses and/or tamper
with evidence.

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  90 days – National Agencies/GOCCs/SUCs/LUCs
 60 days – Local Government Units
DURATION OF PS

 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.

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WHAT IS THE AVAILABLE

 Appeal to the Commission within fifteen (15) days

from receipt thereof.
REMEDY TO A PS?

 Pending appeal, the same shall be

executory.

 A motion for reconsideration from the order of

PS shall not be allowed

If the PS is imposed by the CSC, the same is

executory unless a Temporary Restraining Order is
issued by the Court of Appeal or the Supreme Court

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 ALTERNATIVE TO PS (Sec. 30, Rule 7)

In lieu of PS, the proper disciplining

authority may reassign respondent to
another unit of the agency subject to
the same period

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WHEN IS A PS DEEMED VOID?
 The order was issued by one who is not
authorized by law;
 The order was not premised on any of the
grounds when a preventive suspension could be
issued;
 The order of preventive suspension was issued
without a formal charge or notice of charges;
 The duration of the imposed preventive
suspension has exceeded the prescribed periods,
in which case the payment of back salaries shall
correspond to the excess period only.

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 FORMAL INVESTIGATION

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A Formal Investigation shall be conducted:

1. where the merits of the case cannot be decided

judiciously without conducting FI; or

2. when respondent elects to have one

It shall be terminated within 30 days from the

issuance of the Formal Charge unless the period is
extended by the authorized representative or heads of
agencies in meritorious cases.

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 Submission of Position
Paper/Memorandum (Sec. 35, 2017
RACCS)

 any stage of the proceedings

 upon mutual consent of parties
 considered submitted for decision

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PRE-HEARING CONFERENCE
It is Mandatory.

 Is conducted upon the commencement of the

formal investigation, with both parties required
to submit their respective Pre-Hearing Briefs

 Failure to attend constitutes waiver to participate

in the conference but may still participate upon
appropriate motion
 A 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.

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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.

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Continuous Hearing Until Terminated;
Postponement (Sec. 37, Rule 8)
 Hearings shall be conducted on the hearing dates set by the
hearing officer or as agreed upon during the prehearing
conference.

 Each party may be granted one (1) postponement upon

oral or written request.

 respondents failure or refusal 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.

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Use of Judicial Affidavit

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.

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 Prosecution Respondent
ORDER OF HEARING

Rebuttal or
Formal Offer
Sur-rebuttal

Memoranda

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  All objections raised during the hearing shall
OBJECTIONS

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.

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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.

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FORMAL INVESTIGATION

 must be submitted within 15 days after

conclusion of FI,
REPORT

 must contain material facts established during

the FI

 findings supported by evidence

 recommendation of the hearing officer

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 The Disciplining Authority shall
DECISION

decide the case within 30 days

from the submission of the
investigation report.

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SUBSTANTIAL EVIDENCE

Substantial evidence is such amount of relevant

evidence which a reasonable mind might accept as
adequate to justify a conclusion - (Section 5, Rule
133 of Rules of Court)

The standard of substantial evidence is satisfied

when there is reasonable ground to believe that
the respondent is responsible for the misconduct
complained of even if such evidence might not be
overwhelming or even preponderant. (CSC
Resolution No. 07-0058)

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 - A decision rendered by the disciplining authority or CSC ROs
FINALITY OF DECISIONS

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. UNLESS the appeal or Pet for
Review if filed on the ground of 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.

- PERIOD: within 15 days upon receipt of the decision

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 DECISION

“We sustain the ruling of the Court of Appeals that: (a) a basic
requirement of due process is that a person must be duly informed of
the charges against him and that (b) a person can not be convicted of a
crime with which he was not charged.

“Administrative proceedings are not exempt from basic and

fundamental procedural principles, such as the right to due process in
investigations and hearings.

“The right to substantive and procedural due process is applicable in

administrative proceedings”

CSC vs. JOSE J. LUCAS, G.R. No. 127838. January 21, 1999

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EFFECT OF PENDENCY OF AN
ADMINISTRATIVE CASE

Pendency of an administrative case

shall not disqualify respondent
from promotion and other personnel
actions or from claiming
maternity/paternity benefits.
Exemption: PNP under RA No. 9708

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 What if the victim
decides to withdraw
the complaint?

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The withdrawal of the complaint does not result
in the outright dismissal or discharge of the
person complained of from any administrative
liability. - (Section 16, Rule 3, 2017 RACCS)
Complainant is merely a witness in an
administrative case…The disciplining authority
has an interest apart from the complainant’s in
determining the truth and imposing sanctions
as may be necessary - (CSC Resolution No.
120285)

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WITHDRAWAL OF THE

“xxx, [a]dministrative actions are not made to

depend upon the will of every complainant
who may, for one reason or another, condone
COMPLAINT

a detestable act. The settled rule is that the

complainant’s withdrawal of his
complaint or desistance from pursuing
the same, does not necessarily warrant
the dismissal of the administrative case.”
– (Manaois vs. Leomo, A.M. No. MTJ-03-
1492, August 26, 2003)

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What if the
respondent
resigns?

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EFFECT OF RESIGNATION
 A public official’s resignation does not render moot an
administrative case that was filed prior to the official’s
resignation.

 The jurisdiction of the Court at the time of the filing of

the administrative complaint was not lost by the mere
fact that the respondent public official had ceased in
office during the pendency of his case. (Andutan vs.
Ombudsman, G.R. No 164679, July 26, 2011)

 Resignation is not a way out to evade administrative

liability when facing administrative sanction. The
resignation of a public servant does not preclude
the finding of any administrative liability to which
he or she shall still be answerable

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RESIGNATION
Section 66 of the Omnibus Election Code, in
considering an appointive official ipso facto
resigned, merely provides for the immediate
implementation of the penalty for the prohibited
act of engaging in partisan political activity. This
provision was not intended, and should not be
used, as a defense against an administrative
case for acts committed during government
service. (Esther S. Pagano vs. Juan Nazarro, Jr.
et al. G.R. No. 149072, September 21, 2007)

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 What if the
respondent dies
during the pendency
of the case?

62
 The death or retirement of any judicial officer from the
EFFECT OF DEATH

service does not preclude the finding of any

administrative liability to which he shall still be
answerable” - (Loyao vs Caube, A.M. No. P-02-1599,
April 30, 2003)

“However, if the respondent could no longer be in a

position to defend himself as in case of death, the
administrative case should be dismissed” -
(Limliman vs. Marrero, A.M. No. RTJ-02-1739,
January 22, 2003)

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 “Death is a far graver and more powerful judgment than
anything that this Court has jurisdiction to render.
EFFECT OF DEATH

Hence, when the respondent in a pending

administrative case dies, the case must be
rendered moot. Proceeding any further would be to
violate the respondent's fundamental right to due
process. Should it be a guilty verdict, any monetary
penalty imposed on the dead respondent's estate only
works to the detriment of their heirs. To continue with
such cases would not punish the perpetrator, but only
subject the grieving family to further suffering by
passing on the punishment to them. - Sharon Flores-
Concepcion v. Judge Liberty Castaneda (A.M. No.
RTJ-15-2438, 02 September 2020)
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 For humanitarian reasons, the Court ruled that respondent's
mistakes should not unduly punish his heirs, especially if they
had no part in or knowledge about respondent's extortion
EFFECT OF DEATH

activities. Respondent's liability should be considered

personal and extinguished upon his death. It should not
extend beyond his death, and its effects should not be suffered by
his heirs, lest it indirectly impose a harsh penalty upon innocent
individuals. The Court stressed that respondents heirs already had
to deal with the sudden death of a loved one. This alone was more
than enough for a family to bear. Hence, to allow respondent's
administrative case and the forfeiture of all of his death and
survivorship benefits to subsist beyond his death would
unnecessarily add to the already deep sorrow and grief of his
bereaved family. - Dr. Ramon S. Guerra, Jr. v. The Board of
Regents, West Visayas State University (G.R. 210512, 27 July
2022)

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ADMINISTRATIVE OFFENSES
IMPRESCRIPTABILITY OF

“well-entrenched rule that administrative offenses

do not prescribe. Administrative offenses by their
very nature pertain to the character of public officers
and employees. In disciplining public officers and
employees, the object sought is not the punishment
of the officer or employee but the improvement of
the public service and the preservation of the
public’s faith and confidence in our
government.” - Office of the Ombudsman vs.
Merceditas De Sahagun G.R. No. 167982 dated
August 13, 2008

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