2017

RULES ON
ADMINISTRATIVE
CASES IN THE CIVIL
SERVICE
(RACCS)
IN A NUTSHELL
Applicability and Coverage

The rules shall apply to all disciplinary and non-

disciplinary administrative cases or matters brought
before:
- Civil Service Commission (CSC) and its regional/field offices
- Agencies of the National Government
- Local Government Unit (LGU)
- State Universities and Colleges (SUCs)
- Local Universities and Colleges (LUCs)
- Government-owned or Controlled Corporations with original charters
ADMINISTRATIVE DISCIPLINE
A part of Administrative Law which deals with:
1. Administrative infractions or grounds for
disciplinary actions;
2. Administrative penalties; and
3. Administrative disciplinary procedures.

PURPOSE:

Its purpose is not the punishment of the offending officer or employee but the
improvement of the public service and the preservation of the people’s faith and
confidence in their government. (Bautista vs Negado, 108 Phil 283; Cana vs.
Gebusion 329 SCRA 132)
BASIC PRINCIPLES IN ADMINISTRATIVE DISCIPLINE

• The power to discipline is lodged with the proper

appointing authority.

• Administrative offenses are imprescriptible.

• The private complainant in an administrative case is a

mere witness of the government.
JURISDICTION
- The power to hear and decide a case

- The authority to resolve a legal controversy

ELEMENTS OF JURISDICTION

1. Jurisdiction over the complainant

2. Jurisdiction over the person complained of / respondent

- Presidential appointees
- Elective officials
- Court personnel
- Government employees
- Private Citizens

3. Jurisdiction over the subject matter

QUESTION

1. Can we still proceed with the investigation when the person

complained of is already resigned or retired?
Example:

Filing of complaint – March 1, 2020

Service of Show Cause Order – March 17, 2020
Complete and Effective Resignation/Effectivity of
Retirement – March 31, 2020
Example:
Filing of Complaint – March 1, 2020
Retirement / Complete and Effective Resignation –
March 17, 2020
Service of Show Cause Order – March 20, 2020
How do we effect service of show cause
order?

1. Personal service
2. Service by mail
 Jurisdiction over the subject matter
Disciplinary cases cognizable by the Commission
- Decisions of CSC Ros brought before it on petition for review;
- Complaints brought against CSC officials and employees both in the Central
Office and CSC Ros;
- Complaints against officials who are not presidential appointees or elective
officials;
- Decisions of disciplining authorities imposing penalties exceeding 30 days
suspension or fine in an amount exceeding 30 days salary brought before it on
appeal;
- Decisions of disciplining authorities imposing penalties not exceeding 30 days
suspension or fine equivalent to 30 days salary but violating due process;
- Requests for transfer of venue of hearing on cases being heard by CSC Ros;
- 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.
Non-disciplinary cases cognizable by the Commission

- Decisions of department secretaries and bureau heads on

human resource actions;

- Decisions of CSC Ros;

- 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; and

- Such other analogous actions or petitions arising out of or in

relation with the foregoing enumerations.
Disciplinary cases cognizable to the CSC ROs

- 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
and its related offenses; and

- Petitions to place respondent under preventive

suspension in connection with cases pending before the
CSC RO concerned.
Non-disciplinary cases cognizable to the CSC ROs

- Disapproval / recall of approval/invalidation of appointments

brought before it on appeal;

- 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

- Requests for corrections of personal information in the records of

the Commission.
Administrative Offenses and Penalties

Classification:
1.Grave
2.Less Grave
3.Light
Grave offenses punishable by dismissal
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 the 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;
12. Disloyalty to the Republic of the Philippines and to the Filipino people;
Grave offenses punishable by suspension of 6 months and 1 day to 1 year for
the first offense and dismissal 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 ang 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 a) law, or b) international agreements, commitment and obligation, c) as part of
the function of one’s office.

Note: 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.
Less grave offenses punishable by suspension of 1 month and 1 day to 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 the 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 years of age living in one’s household; and
9. Engaging directly or indirectly in partisan political activities by one holding non-political.
Light offenses punishable by reprimand for the first offense; suspension of 1
day to 30 days for the second offense; dismissal from the service for the third
offense

1. Simple discourtesy in the course of official duties;

2. Improper of 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; and
10. Lobbying for personal interest or gain in legislative halls and offices without authority
Promoting the sale of tickets on 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.
 Other specific offenses

SEXUAL HARASSMENT

Grave Offenses punishable by dismissal from the service shall

include, but are not limited to:

1. Unwanted touching of private parts of the body (inner thighs,

genitalia, buttocks and breast);
2. Sexual assault;
3. Malicious touching;
4. Requesting for sexual favor in exchange for employment,
promotion, local or foreign travels, favorable working conditions or
assignments, a passing grade, the granting of honors or
scholarship, or the grant of benefits or payment of stipend or
allowance; and
5. Other analogous cases.
Less Grave Offenses
1. Unwanted touching or brushing against a victim’s body;
2. Pinching not falling under grave offenses;
3. Derogatory or degrading remarks or innuendoes directed toward the
members of one sex, or one’s sexual orientation or used to describe a
person;
4. Verbal abuse with sexual overtones; and
5. Other analogous cases.
 Light Offenses
1. Surreptitiously looking at a person’s private or worn undergarments;
2. Making sexist statements and uttering smutty jokes or sending 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;
3. Malicious leering or ogling;
4. Display of sexually offensive pictures, materials or graffiti;
5. Unwelcome sexual flirtation, advances, propositions;
6. Making offensive hand or body gestures at an employee;
7. Persistent unwanted attention with sexual overtones;
5. Unwelcome phone calls with sexual overtones causing discomfort,
embarrassment, offense or insult to the receiver; and
6. Other analogous cases.
Violations of Anti-Red Tape Act
*Grave Offense
-Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage
shall be penalized by dismissal ang perpetual disqualification from public service.

*Light Offense
- Refusal to accept application and/or request within the prescribed period or any document being
submitted by a client;

- 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 requirement within the prescribed period;

- 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;

- Failure to render frontline services within the prescribed period on any application and/or request
without due cause;

- Failure to give the client a written notice on the disapproval of an application or request; and

- Imposition of additional irrelevant requirements other than those listed in the first notice.
THE ADMINISTRATIVE DISCIPLINARY PROCESS:

1. Complaint
Requisites:
a. in writing;
b. subscribed and sworn to by the complainant;
c. shall contain the following:
-full name and address of the complainant;
-full name and address of the person complained of as well as his position and
office;
-a narration of the relevant and material facts which show the acts or omissions
allegedly committed;
-certified true copies of documentary evidence and affidavits of his/her
witnesses, if any;
-certification and statement of non-forum shopping.
FORUM SHOPPING
-a deplorable practice of litigants consisting of resorting to two or more
different for a for the purpose of obtaining the same relief to increase the chances of
obtaining favorable judgment. (Collantes vs CA, GR No. 169604, March 6, 2007, 517
SCRA 561, 568)

Certification of Non-Forum Shopping

1. that he/she has not commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the best of his/her knowledge, no such other
action or claim is pending therein;

2. if there is such other pending action or claim, a complete statement of the present status
thereof; and

3. if he/she should thereafter learn that the same or similar action or claim has been filed or is
pending, he/she shall report that fact within five (5) days therefrom to the court wherein
his/her aforesaid complaint has been filed.
 SAMPLE COMPLAINT
COMPLAINT AFFIDAVIT

I, Many Money, of legal age, a resident of Barangay Forbes Park, Makati City, hereby depose and state:

1. That SUPT POORITA BABY, Special Disbursing Officer at BFP, BARMM is indebted to me in the total amount of Five Hundred Thousand Pesos (Php
500,000.00) as evidenced by her promissory note, copy of which is hereto attached together with the Questioned Document Report stating that the
signatures appearing therein belong to her;
2. That she refuses to honor her obligation despite oral and written demand, attached herewith are copies of demand letters addressed to her;
3. That she used the Php 500,000.00 that she borrowed from me to cover the shortage in her petty cash during the spot audit by COA last February 14, 2020,
attached herein is a certified copy of the COA report in support of the allegation;
4. That SUPT BABY used the petty cash to support her vices like partying and shopping with friends;
5. That SUPT BABY, a single mother, is also engaged in a romantic relationship with Mr. Covido, a widower with 3 kids. They were seen checking out
together from a hotel.

With the foregoing, it is respectfully prayed that SUPT POORITA BABY be directed by this Office to honor her obligation to me in the total amount of Five
Hundred Thousand Pesos (Php 500,000.00), exclusive of interest and be dismissed from the service for using the money of the government for her personal
expenses.

Quezon City, Metro Manila, February 29, 2020.

(sgd) Many Money

Affiant

SUBSCRIBED and SWORN to before me this 29 th day of February 2020 at Quezon City, Metro Manila, affiant exhibiting to me his Driver’s License with
number I-23-456789 to expire on December 25, 2020 bearing his picture and signature as competent evidence of his person.

Doc. No. 0001

Page No. 01 NOTARY PUBLIC
Book No. I
Series of 2020.
 CERTIFICATION OF NON-FORUM SHOPPING

I have not filed any action or claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such other pending action or claim is
pending therein.

If I should thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) days therefrom to the court or office wherein the
aforesaid complaint has been filed.

Many Money

SUBSCRIBED and SWORN to before me this 29th day of February 2020 at Quezon City, Metro
Manila, affiant exhibiting to me his Driver’s License with number I-23-456789 bearing his
picture and signature as competent evidence of his person.

Doc. No. 0002

Page No. 01 NOTARY PUBLIC
Book No. I
Series of 2020.
Anonymous Complaint
No anonymous complaint shall be entertained unless;
1. The act complained of is of public knowledge; or
2. The allegations can be verified or supported by documentary or direct
evidence.
 SAMPLE ANONYMOUS COMPLAINTS
“Nais ko pong ireklamo ang mga personnel ng BFP na humahawak sa mga bagong recruits na
FO1. Minsan po ay Nakita naming ang mga bata na minumura, pinapalo ang helmet habang suot nila ito
at halos di na po sila patulugin. Ako po ay dumaan naman po sa CAT at ROTC ngunit hindi naman po
nilabag ang aming karapatan at pinagpapahinga na kami pagpatak ng alas diyes. Ngayon lamang po
ako nakakita ng ganitong mga tactics na kung ituring ang mga bata ay mga hayop.
Minsan po ay narinig ko na may mga bata sa kanal at patubig at dun inilulublob. Ang patubig po na
iyon ay minsan may mga dumi ng hayop at patay na hayop. Maaari pong makakuha ng sakit ang bata.

Bukod po duon, tama po ba na wala silang maayos na kainan at pinauupo lamang sila sa
semento na nakabilad sa araw at duon na kumakain.

Sana po ay maaksyunan nyo ito”

Lady Anaceta
Magandang araw po. Gusto ko sanang ireport ang hepe ng ********* Fire Station BFP
na si ************, sa kadahilanan po na hindi sya pumapasok sa station lalo na
ngayong ECQ at laging nasa bahay lang nung akoy nagpunta at ayon sa pagtatanong ko
sa munisipyo at iba sa mga taohan niya ay ganun nga wala siya sa stasyon nung akoy
nagpunta dito at kapag kami ay tumatawag sa stasyon. Tinotolerate niya din po ang isa
nilang bumbero na si ******** na hindi pumasok, sa aking pag-iimbestiga may order ito
na magreport sa *************fire station nuong March 11, 2020 pero kahit isang beses
po ay hindi po pumasok ang nasabing bumbero. Si ************ rin po ay team leader
sa isang checkpoint pero hindi man lang ito nagduty dito. Ganun po ba ang nasa bahay.

Concerned Citizen

The Supreme Court stresses that an anonymous complaint is always received with greater
caution, originating as it does from an unknown author. However, a complaint of such sort does
not always justify its outright dismissal for being baseless or unfounded for such complaint may
easily be verified and may, without much difficulty, be substantiated and established by other
competent evidence. (Anonymous complaint against Gibson A. Araula A.M. No. 1571-CFI,
February 7, 1978, 81 SCRA 483)
WHERE TO FILE THE COMPLAINT
1. Disciplining authority of the NGAs, LGUs, SUCs,
LUC, GOCCs

2. Commission Proper or CSCRO

3. CODI in case of sexual harassment cases

ACTION ON THE COMPLAINT:

1. Dismiss on technical ground (non-compliance with the

requirements);

2. Dismiss for lack of jurisdiction;

3. Refer to other agencies;

4. Issue show cause order; or

5. Determine whether the offense can be subject of settlement.

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.

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 5 days from receipt of the complaint which is
sufficient in form and substance;
b. Ex-parte evaluation of the records;
c. Clarificatory meeting with the parties to discuss the merits of the case.
SHOW CAUSE ORDER
CASE ANALYSIS
Read and discuss the case of Mr. Simpatiko.

If you were the disciplining authority or the investigating team,

what action will you take against, Mr. Simpatiko and Miss Lily
Cruz
 I, Dementia Makalimot, Chief, Accounting Division, Makati City, would like to file a complaint for Immorality against Mr. Bibo
Simpatiko, member of our City Council and Miss Lily Cruz, Clerk II, Accounting Division, Makati City, committed as follows:

1. Mr. Simpatiko is married, with two children yet he was enamored by Miss Lily Cruz, single.
2. Mr. Simpatiko would always pass by our office and greet everyone there. But his greetings to Miss Cruz was always done by rubbing cheeks. One
time, as Mr. Simpatiko was greeting Lily Cruz, I saw that he slightly wrapped his arm on the waist of the latter and whispered something on her ear.
3. One afternoon, Lily Cruz asked permission from me if she could leave the office early. I allowed her with a suspicious heart because I saw Mr.
Simpatiko left thirty (30) minutes earlier.
As Lily Cruz was in a hurry to leave the office, she left her drawer open. As I was about to close her drawer, I saw a note pad where it is written “Bebe
ko, sunod ka ha. Same place.”
4. Photos of Mr. Simpatiko and Lily Cruz which were taken at the beach are also posted in Facebook.
5. Two months ago, Lily Cruz filed an application for sick leave with attached medical certificate indicating that she has a delicate pregnancy condition.
The certified copy of the leave form and medical certificate are hereto attached.
6. Rumors now spread in the office that Mr. Simpatiko is the father of her child. As her immediate supervisor, I don’t want to tolerate their immorality.
They should be dismissed from the service.

With the foregoing, I respectfully prayed that Mr. Bibo Simpatiko and Miss Lily Cruz be dismissed from the government service

Makati City, Metro Manila, June 18, 2020.

(sgd) Dementia Makalimot

Affiant

SUBSCRIBED and SWORN to before me this 18 th day of June 2020 at Makati City, Metro Manila, affiant exhibiting to me her Driver’s License with number I-23-
456789 bearing her picture and signature as competent evidence of her person.

Doc. No. 0001

Page No. 01 NOTARY PUBLIC
Book No. I
Series of 2020.
FORMAL CHARGE
ANSWER

Requisites and contents:

1. In writing and under oath;
2. Shall be specific and contain facts and applicable laws, if any,
including original or certified copies of documentary evidence;
and
3. Sworn statements covering testimonies of witnesses, if any.

Failure/refusal to file answer 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.
PREVENTIVE SUSPENSION
- Not a penalty.
- Maybe issued motu proprio or on petition of the
complainant.
- Issued by proper disciplining authority.
- Upon service of formal charge or immediately thereafter.
- Appealable to the Commission.
- Executory pending appeal.
A. The charge involves:
Dishonesty
Oppression
Grave misconduct
Neglect in the performance of duty
Other offenses punishable by dismissal from the service; or
An administrative offense committed on its second or third
instance and the penalty is dismissal from the service;

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

on the witnesses and/or tamper with evidence.

Maximum of 90 days in the case of NGA, GOCC, SUCs

Maximum of 60 days in the case of LGU, LUCs
FORMAL INVESTIGATION

Conducted by the disciplining authority if merits cannot be

determined without the investigation; OR

Respondent elects to have one.

The Commission may entrust formal investigation to lawyers of other agencies

By mutual agreement, parties may submit case for decision based on position
papers/memoranda.
PRE-HEARING CONFERENCE
Conducted at the commencement of formal investigation for
parties to agree on the following:
1. Stipulation of facts;
2. Simplification of issues;
3. Identification/marking of evidence;
4. Limiting number of witnesses;
5. Waiver or objection to the admissibility of evidence;
6. Dates of subsequent hearings; and
7. Other matters which may aid in the prompt and just
resolution of the case.

Agreement of parties during pre-hearing is binding unless the hearing officer allow the deviation in the
interest of justice.
The conduct of the pre-hearing is MANDATORY. The failure of any party to attend the pre-hearing
conference may cause the submission of the case for decision based on the available records upon
appropriate motion of the party.
CONTINUOUS HEARING
Hearings shall be conducted on the dates set by the hearing
officer or as agreed by the parties.

Each party may be granted one (1) postponement upon request.

Failure to appear in the hearing despite due notice shall

constitute waiver of right to present evidence.
PRELIMINARY MATTERS
Hearing officer shall note the appearances of parties and shall
proceed with the reception of evidence for the complainant.

If respondent appears without counsel respondent is deemed to

have waived his right thereto.

Hearing officer shall place witness under oath and take note of
personal circumstances.

Sworn statement of witness that is properly identified and affirmed

shall constitute direct testimony

APPEARANCE OF COUNSEL
The assistance of lawyers, while desirable, is not indispensable.
ORDER OF HEARING
Unless directed otherwise the order of hearing may be as
follows:

*Prosecution shall present its evidence

*Respondent shall present evidence

*There may be rebuttal or sur-rebuttal

*After presentation of evidence, parties shall formally offer

their evidence
EFFECT OF PENDENCY OF CASE

Pendency of administrative or criminal case shall not bar respondent

from promotion, other personnel actions, claiming maternity/paternity
benefits.
MITIGATING AND AGGRAVATING CIRCUMSTANCES
Except for offenses punishable by dismissal from the service, the following may be appreciated as either
mitigating or aggravating circumstance in the determination of the penalties to be imposed:
1. Physical illness;
2. Malice;
3. Time and place of offense;
4. Taking undue advantage of official position;
5. Taking undue advantage of subordinate;
6. Undue disclosure of confidential information;
7. Use of government property in the commission of the offense;
8. Habituality;
9. Offense is committed during office hours and within the premises of the office building;
10. Employment of fraudulent means to commit or conceal the offense;
11. First offense;
12. Education;
13. Length of service; and
14. Other analogous circumstances.
MANNER OF IMPOSITION
Only mitigating circumstances present – minimum penalty
No mitigating, no aggravating – medium of the penalty

Only aggravating circumstance present – maximum penalty

If both are present – will cancel each other

PENALTY FOR MULTIPLE OFFENSES
If respondent is found guilty of TWO or MORE different offenses, the penalty to be
imposed shall be the corresponding to the most serious charge, the rest of the charges
shall be considered aggravating.

If respondent is found guilty of TWO or MORE charges/counts of the same offense,

the penalty shall be imposed in the maximum regardless of the present of any
mitigating circumstance.
PENALTY OF FINE
The disciplining authority may allow payment of fine in place of suspension if any of the
following circumstances is present:

*functions/nature of office is impressed with national interest such as those involved in

maintenance of peace and order, health, safety and education
*respondent is actually discharging front line functions or those directly dealing with the
public and the human resource complement of the office is insufficient to perform such
function
*respondent committed offense without utilizing/abusing the powers of his/her position or
office
*respondent has already retired or otherwise separated from government service and the
penalty of suspension could not be served anymore, the fine maybe sourced from
accumulated leave credits or whatever benefits due to respondent
Fine in lieu of suspension is available in grave, less grave and
light offense

*if penalty is 6months or less ratio is 1 day suspension to 1 day fine

*if penalty is 6 months and 1 day conversion shall apply to suspension of

6 months only and the remaining 1 day is deemed included

*maximum period to pay – shall not exceed 1 year from the time
resolution/decision becomes final and executory

*conversion of suspension to fine is final and executory

*failure or respondent to pay or part thereof shall cause the reversion of

penalty to suspension and respondent shall serve the original penalty of
suspension irrespective of amount already paid
Fine may be paid in installments:

1 mo – 2 mos
2 mos – 4 mos
3 mos – 6 mos
4 mos – 8 mos
5 mos – 10 mos
6 mos – 12 mos

*computed on the basis of respondent’s salary at the time the

decision becomes final and executory
DURATION AND EFFECT OF PENALTIES

Penalty of fine – amount shall not exceed six (6) month’s salary
of respondent and to be paid within a period not exceeding one
year

- Disqualification from promotion from the same

period the respondent is fined

Dismissal – cancellation of eligibility, forfeiture of retirement

benefits, perpetual disqualification from holding public office,
and bar from taking civil service examinations.

Demotion – disqualification from promotion for 1 year

REMEDIES
1. Settlement in Administrative Cases
2. Motion for Reconsideration
3. Appeal
4. Petition for Review
5. Removal of Administrative Penalties of Disabilities
6. Contempt
Motion for Reconsideration

Filed with the disciplining authority

Within 15 days from receipt of adverse ruling
Motion for extension of time to file MR is not allowed
Timely filing of MR shall stay the execution of the decision
Only 1 MR is allowed; if 2nd MR is filed, finality of action shall be reckoned from
denial of first MR

GROUNDS:
1. New evidence has been discovered which materially affects the decision rendered;
2. The decision is not supported by the evidence on record;
3. Errors of law or irregularities have been committed prejudicial to the interest of the
movant.
Appeal
• Decisions of heads of departments,
agencies, provinces, cities, municipalities
and other instrumentalities may be appealed
to the Commission if penalty imposed is
suspension/fine exceeding 30 days

• Should be filed within 15 days from receipt

of decision
NON-DISCIPLINARY CASES
 Instances wherein no penalty is being imposed upon an
employee
 No accessory penalties
 No prior filing of formal charge
NON-DISCIPLINARY CASES
 Invalidation or Disapproval of Appointment

 Protest and Revocation of Appointments

 Correction of Personal Information in the Records

of the Commission

 Dropping from the Rolls

 Invalidation or Disapproval of Appointment

- Either the appointing 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.
 Invalidation or Disapproval of Appointment

- 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.
 Invalidation or Disapproval of Appointment

-When an appointment is invalidated/disapproved for

violation of pertinent laws such as publication
requirement pursuant to Republic Act No. 70414,
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.
 Invalidation or Disapproval of Appointment

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.
 Invalidation or Disapproval of 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 ( I 5)-day
reglementary period.
 Protest and Revocation of Appointments

WHO may file: Next-in-Rank Official or Employee

WHERE to file:Head of Agency (initially)

CSCRO

CSC proper
WHEN to file: 15 days from the announcement and/or
posting of appointments subject of protest
 Protest and Revocation of Appointments

An employee who holds a next-in-rank position

who is deemed the most competent and qualified
possesses an appropriate civil service eligibility, and
meets the other conditions for promotion maybe
promoted to a higher position when it becomes
vacant. (Sec.4, Rule VI, Omnibus Civil Service
Rules and Regulations )
 Protest and Revocation of Appointments

However, the appointing authority may

promote an employee who is not next-in- rank, but
who possesses superior qualifications and
competence compared to a next in rank who merely
meets the minimum requirements for the position.
(Sec.4, Rule VI, Omnibus Civil Service Rules and
Regulations)
 Protest and Revocation of Appointments

As long as the appointee is qualified the

CSC has no choice but to attest to and
respect the appointment even if it be
proved that there are others with superior
credentials (Rimonte vs. CSC 244 SCRA
504-505 )
 Protest and Revocation of Appointments

Section 92. Effect on the Appointment. A

protest shalI 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.
 Protest and Revocation of Appointments

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.
 Protest and Revocation of Appointments

Section 96. Dismissal of Protest. A protest shall be dismissed on any

of the following grounds:
a. The protestant is not qualified next-in-rank;
b. The protest is not directed against a particular protestee but
to "anyone who is appointed to the position" or directed to two or
more protestees;
c. No appointment has been issued; or
d. The protest is filed outside of the fifteen (15) -day
reglementary period.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)

Section 99. Who may File. The 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 meet the requisite
qualification standards of the position or on the ground
that the appointment was issued in violation of
existing civil service Jaws, rules, and regulations.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)

Section 100. When and Where to File. The

petition may be filed anytime, during a
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 decision.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)

Section 101. Effect on the Appointment.

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.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)

Section 103. Effect of Decision. When the petition to

recall the approval/validation of an 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 case of a promotion from
within the same agency, the appointee shall be reverted
to his/her former position, if applicable.
 Correction of Personal Information in the
Records of the Commission
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 CSCRO exercising
jurisdiction, and which request shall be acted upon
within fifteen (15) days from receipt.
 Correction of Personal Information in the
Records of the Commission

Copies of the Order or Resolution issued by the

concerned CSCRO shall be submitted to the
Integrated Management Office (IRMO) as the
repository of all personnel records
 Correction of Personal Information in the
Records of the Commission
Section 105. Required Documents
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.
 Dropping from the Rolls
Section 107. Grounds and Procedure for Dropping
from the Rolls. 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 may be
dropped from the rolls within thirty (30) days from
the time a ground therefor arises subject to the
following procedures:
 Dropping from the Rolls
a. Absence Without Approved Leave
1. An official or employee who is continuously
absent without official leave (AWOL) for at least thirty
(30) working days may be dropped from the rolls
without prior notice which shall take effect immediately.
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 address.
 Dropping from the Rolls
a. Absence Without Approved Leave

2. If the number of unauthorized absences incurred

is less than thirty (30) working 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 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.
 Dropping from the Rolls
a. Absence Without Approved Leave
3. 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.
 Dropping from the Rolls
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.
 Dropping from the Rolls

b. Unsatisfactory or Poor Performance

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.
 Dropping from the Rolls
b. Unsatisfactory or Poor Performance
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.
 Dropping from the Rolls
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.
 Dropping from the Rolls

c. Physical Unfitness
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.
 Dropping from the Rolls
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.
 Dropping from the Rolls
d. Mental Disorder
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.
NON-DISCIPLINARY CASES
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.
NON-DISCIPLINARY CASES
Section 109. Order of Separation through
Dropping from the Rolls; Immediately 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 within fifteen (15)
days from receipt of the order. Pending appeal the
order of separation is immediately executory.
NON-DISCIPLINARY CASES
Section 110. Dropping From the Rolls; Non-
disciplinary in Nature. This mode of 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.
Thank You!