Question & AnswerQ&A (CSC Resolution NO. 1101502)
The rules are titled as the Revised Rules on Administrative Cases in the Civil Service (RRACCS).
They apply to all disciplinary and non-disciplinary administrative cases before the Civil Service Commission, government agencies, local government units, and government-owned or controlled corporations with original charters, except as otherwise provided by law.
Administrative investigations are conducted without strict adherence to technical rules of procedure and evidence applicable to judicial proceedings to promote just, speedy, and inexpensive disposition of cases.
Disciplining Authority refers to the person or body duly authorized to impose penalties provided by law or rules on a civil service official or employee.
Preventive suspension may be issued if the charge involves dishonesty, oppression, grave misconduct, neglect of duty, offenses punishable by dismissal on second or third offense, or where there is reason to believe the respondent would likely be removed from service. It is to prevent undue influence on witnesses or tampering with evidence.
For national agencies, the maximum duration is ninety (90) days; for local government units, it is sixty (60) days.
Offenses are classified as grave, less grave, or light. Grave offenses may be punishable by dismissal or suspension up to one year; less grave offenses by suspension from 1 month and 1 day to 6 months or dismissal for repeat offenses; light offenses by reprimand, suspension up to 30 days, or dismissal for repeat offenses.
Requests for clarification, bills of particulars, motions to dismiss or quash, and motions for reconsideration shall not be entertained; if interposed, these pleadings are considered answers and evaluated as such.
A complaint may be withdrawn at any time, but withdrawal does not automatically dismiss the complaint or discharge the person complained of if there is merit or supporting evidence; the case shall still be given due course.
Only a qualified next-in-rank employee may file a protest within fifteen (15) days from announcement or posting of the appointment. The protest must meet form requirements and include a statement of qualifications comparison.
Dismissal results in permanent separation, cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from office, and bar from taking civil service examinations.
Appeal must be filed within fifteen (15) days from receipt of decision, accompanied by an appeal fee and documentation. The appeal does not stop execution of decision unless specific exceptions apply.
Removal may be recommended by the Commission to the President in meritorious cases with requirements including moral reformation, lapse of at least three years after finality, and in some cases, proof of guilt acceptance and community standing.
Forum shopping refers to filing multiple administrative actions or complaints simultaneously or successively involving the same parties, facts, or reliefs in different agencies or tribunals; such acts are prohibited.
Personnel action includes appointments, promotions, transfers, reinstatements, reemployment, reappointments, details, reassignments, secondments, demotions, and separations from service.
Orders may be issued if the charge involves serious administrative offenses like dishonesty, oppression, grave misconduct, neglect of duty, or the suspicion of guilt warranting removal from service, or to prevent interference with witnesses or evidence.
The disciplining authority shall decide within thirty (30) days from receipt of the formal investigation report.
Only if the preventive suspension order is declared null and void on its face by the Commission; otherwise, back salaries depend on final exoneration or reversal of penalties in the principal case.
Requests must be filed within five years before mandatory retirement, supported by authenticated birth certificates, affidavits of discrepancy, affidavits of disinterested witnesses, and relevant documents, and accompanied by a filing fee.
By submitting an appeal memorandum stating grounds, certified true copy of decision appealed from, relevant documents, proof of payment of appeal fee, and certificate of non-forum shopping within the reglementary period.