QuestionsQuestions (CSC MEMORANDUM CIRCULAR NO. 02)
It amends Section 15, Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 by adding a second paragraph clarifying the nature and effects of the penalty of reprimand.
Article IX-A, Section 6 of the 1987 Constitution, which provides that each Commission en banc may promulgate its own rules concerning pleadings and practice before it or its offices.
Administrative Code of 1987 (Executive Order No. 292), Book V, Title I (A), Chapter III, Section 12(2), which empowers CSC to prescribe, amend and enforce rules and regulations to carry out its mandate.
Administrative Code of 1987, Book V, Title I (A), Chapter III, Section 12(15) (as stated in the text), which mandates periodic review of decisions/actions and the conduct of officials/employees, applying sanctions when necessary.
A reprimand given either by the Civil Service Commission or by the head of an agency shall be considered a penalty.
No. The text expressly states that a warning or admonition shall not be considered a penalty.
No. The second paragraph clarifies that the penalty of reprimand does not include any accessory penalty.
No. The amendment states it does not entail forfeiture of leave credits, retirement benefits and bonuses that may be granted.
Because reprimand is treated as a formal penalty with specific legal effects, while warning/admonition is not a penalty and should not produce the sanctions/effects associated with penalties under CSC rules.
CSC added a second paragraph to Section 15, Rule XIV, stating (1) that the reprimand has no accessory penalties and (2) it does not entail forfeiture of leave credits, retirement benefits, and bonuses.
The circular cites CSC Resolution No. 98-0064 dated January 13, 1998 (adopted/issued Jan. 13, 1998).
The agency head must treat reprimand as a penalty, but must not attach accessory penalties and must not order forfeiture of leave credits, retirement benefits, and bonuses.
They may receive reprimand as a penalty, but they should not suffer additional accessory penalties or lose leave credits, retirement benefits, or bonuses due solely to that reprimand.
No. The amendment expressly prohibits reprimand from entailing forfeiture of leave credits, retirement benefits, and bonuses.
Section 15, Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 (Executive Order No. 292).
That CSC aimed to align disciplinary sanctions with the gravity of offenses and clarify/limit the legal consequences attached to certain penalty types, such as reprimand.