You are on page 1of 15

2017 RULES ON

ADMINISTRATIVE CASES IN
THE CIVIL SERVICE
(2017 RACCS)
CSC RESOLUTION NO. 1701077
PROMULGATED ON JULY 3, 2017
APPLICABILITY AND CONSTRUCTION

• SHALL APPLY TO ALL DISCIPLINARY AND NON-DISCIPLINARY


ADMINISTRATIVE CASES OR MATTERS BROUGHT BEFORE THE CIVIL
SERVICE COMMISSION AND ITS REGIONAL/FIELD OFFICES,
AGENCIES OF THE NATIONAL GOVERNMENT, LOCAL GOVERNMENT
UNITS STATE UNIVERSITIES AND COLLEGES (SUCS) OR LOCAL
UNIVERSITIES AND COLLEGES (LUCS) AND GOVERNMENT AND
CONTROLLED CORPORATIONS WITH ORIGINAL CHARTER EXCEPT
AS MAY BE PROVIDED BY LAW.
• THESE RULES SHALL BE LIBERALLY CONSTRUED IN ORDER TO
PROMOTE THEIR OBJECTIVE IN OBTAINING JUST, SPEEDY,
AND INEXPENSIVE DISPOSITION OF ADMINISTRATIVE
CASES.
DEFINITION OF TERMS
• FORUM SHOPPING – FILING OF SEVERAL ADMINISTRATIVE ACTIONS OR
COMPLAINTS EITHER SIMULTANEOUSLY OR SUCCESSIVELY BEFORE AGENCIES
OR TRIBUNALS
• EX-PARTE – THE ACT OR MANNER OF CONDUCTING A PROCEEDING WHERE
ONLY ONE PARTY IS PRESENT WITHOUT REPRESENTATION FROM OR TO OTHER
PARTIES.
• MOTU PROPRIO – AN ACTION TAKEN BY THE DISCIPLINING AUTHORITY ON
ITS OWN INITIATIVE
• PRIMA FACIE CASE – 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.

• SHOW-CAUSE ORDER – 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.
JURISDICTION OF THE CIVIL SERVICE COMMISSION

• CSC 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.
KINDS OF ADMINISTRATIVE CASES

• DISCIPLINARY – THOSE IMPOSE PENALTIES OR FINES DUE TO THE


OFFENSE(S) COMMITTED BY A RESPONDENT

• NON-DISCIPLINARY – THOSE MATTERS INVOLVING HUMAN


RESOURCE ACTIONS; REQUESTS FOR EXTENSION OF SERVICE;
APPEALS FROM REASSIGNMENT
JURISDICTION OF DISCIPLINING AUTHORITIES

• THE DISCIPLINING AUTHORITIES OF THE 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 .
DISCIPLINARY CASES

• COMPLAINT
- WHO MAY INITIATE
- REQUISITES
- WHEN AND WHERE TO FILE A COMPLAINT
- SEXUAL HARASSMENT CASES (CODI)
• PRELIMINARY INVESTIGATION
- HOW CONDUCTED
- DURATION OF THE PI
- INVESTIGATION REPORT
- DECISION OR RESOLUTION AFTER PI
• FORMAL CHARGE
- ISSUANCE OF FORMAL CHARGE; CONTENTS
- NOTICE OF CHARGE
- PROHIBITED PLEADINGS

• ANSWER
- REQUISITES AND CONTENTS
- FAILURE TO FILE AN ANSWER
• PREVENTIVE SUSPENSION
- NATURE
- WHEN ISSUED; GROUNDS
- ALTERNATIVE TO PREVENTIVE SUSPENSION
- DURATION OF PREVENTIVE SUSPENSION
- REMEDIES FROM THE ORDER OF PREVENTIVE SUSPENSION
- PAYMENT OF BACK WAGES DURING PREVENTIVE SUSPENSION
• FORMAL INVESTIGATION
- CONDUCT OF THE FI; WHEN HELD
- SUBMISSION OF POSITION PAPER/MEMORANDA
- PRE-HEARING CONFERENCE
- CONTINOUS HEARING UNTIL TERMINATED; POSTPONEMENT
- PRELIMINARY MATTERS
- APPEARANCE OF COUNSEL
- ORDER OF HEARING
- OBJECTIONS
- MARKINGS
- ISSUANCE OF SUBPOENA
- FORMAL INVESTIGATION REPORT
• DECISION
- WHEN CASE IS DECIDED
- FINALITY OF DECISIONS
ADMINISTRATIVE OFFENSES AND THEIR PENALTIES

• GRAVE
• LESS GRAVE
• LIGHT OFFENSES