QuestionsQuestions (CSC Resolution NO. 1101502)
The RRACCS is intended to govern disciplinary and non-disciplinary administrative cases in the civil service. It aims for just, speedy, and inexpensive disposition of cases, and it applies to cases filed before the Civil Service Commission, its offices, agencies, LGUs, and GOCCs with original charters, subject to exceptions provided by law.
It should be liberally construed to promote just, speedy, and inexpensive disposition of administrative cases. Administrative investigations are conducted without strict recourse to the technical rules of procedure and evidence applicable to judicial proceedings.
The Civil Service Commission has jurisdiction over specified disciplinary and non-disciplinary cases including appeals/reviews of CSC office decisions and certain cases involving penalties beyond certain thresholds, while CSC Regional Offices and heads of agencies have jurisdiction over enumerated categories within their geographic and functional scope.
The case or matter shall be forwarded to the appropriate CSC office that has proper jurisdiction (Rule 2, Section 6).
Examples include: (1) decisions of CSC Regional Offices brought before the Commission on appeal/petition for review; (2) decisions of agency heads imposing penalties exceeding 30 days suspension or fine exceeding 30 days salary; (3) complaints involving CSC personnel; (4) appeals from orders of preventive suspension; (5) decisions of agency heads violating due process even if penalties are not more than 30 days suspension.
Heads of agencies have original concurrent jurisdiction with the Commission over their officers and employees. Their decisions are final only when the penalty imposed is suspension of not more than 30 days or fine not exceeding 30 days salary; otherwise, the decision is appealable depending on the penalty and applicable rules.
The complaint must be in writing, subscribed and sworn (unless initiated by the disciplining authority/authorized representative). It must be clear, simple, concise, in triplicate (and additional copies if multiple persons are complained of), include specified personal details of complainant and respondent, a narration of material facts, certified true copies of documentary evidence and affidavits of witnesses (if any), and a certification/statement of non-forum shopping. Absence of any required item may cause dismissal without prejudice to refiling upon compliance.
Withdrawal does not result in outright dismissal nor discharge the person complained of from administrative liability. The disciplining authority should still give due course if there is obvious truth/merit or documentary evidence tending to prove guilt.
It is to determine whether there is sufficient basis to warrant the issuance of a formal charge. It involves fact-finding and ex parte examination of records and documents from the complainant and respondent, and readily available documents from other government offices.
Within five (5) days from receipt of the sufficient complaint, the person complained of is required to submit a counter-affidavit/comment. The preliminary investigation must commence within five (5) days from receipt by the disciplining authority and terminate within twenty (20) days thereafter. The investigation report must be submitted within five (5) days from termination.
The formal charge must specify the charge/s, include a brief statement of material facts with certified true copies of documentary evidence (if any) and sworn statements of witness testimony (if any), direct the respondent to answer in writing under oath within not less than 72 hours from receipt, advise the respondent on election of formal investigation, and notify that counsel of choice may be used.
The disciplining authority shall not entertain requests for clarification, bills of particulars, motions to dismiss, motions to quash, or motions for reconsideration. If filed, they are treated as the respondent’s answer and evaluated as such.
Preventive suspension may be issued upon service of the formal charge/notice of charge or immediately thereafter, if the charge involves specific offenses (e.g., dishonesty, oppression, grave misconduct, neglect of duty; offenses punishable by dismissal on second/third offense; or where reasons indicate guilt warranting removal) and/or to preclude undue influence on witnesses or tampering with evidence.
Maximum is 90 days for national agencies and 60 days for local government units. If the case is not finally decided within that period, the respondent is automatically reinstated unless the delay is due to the respondent’s fault/negligence/petition; delays due to motions by respondent are added to the count.
A decision imposing suspension not more than 30 days or fine not exceeding 30 days salary is final and executory and generally not appealable except when due process is violated. Decisions with penalties exceeding those thresholds may be appealed within 15 days, and execution generally continues pending appeal except in cases requiring confirmation for dismissal from department disciplining authorities. If due process is violated (e.g., failure to issue a formal charge), the Commission dismisses and orders immediate reinstatement; if procedural due process was violated after a formal charge, the Commission remands for further proceedings within prescribed timelines.
The adverse party may file a motion for reconsideration with the disciplining authority within 15 days from receipt of the decision. An extension to file is not allowed. Grounds include newly discovered evidence, decision not supported by the evidence, or errors of law/irregularities prejudicial to the movant. Only one motion may be entertained.