Question & AnswerQ&A (CSC MEMORANDUM CIRCULAR NO. 41)
The Civil Service Commission is mandated to prescribe, amend, and enforce rules and regulations to carry out provisions of Book V of Executive Order 292, also known as the Administrative Code of 1987.
It clarifies the jurisdiction of the Civil Service Commission over decisions, orders, or actions of the Merit Systems Protection Board (MSPB) in administrative cases and personnel actions, resolving conflicting interpretations of certain provisions of Book V, E.O. 292.
An appeal to the Commission may be made when the penalty imposed by the MSPB or the disciplining authority is dismissal or separation from the service.
Protest cases involving positions at the level of Division Chief or above are appealable to the Commission as a matter of right, provided the appeal is filed within 15 days from receipt of the MSPB decision.
The appeal must be filed within fifteen (15) days from receipt of the MSPB decision.
The Commission may review administrative cases where the penalty imposed by both the disciplining authority and the MSPB is less than dismissal.
When the position involved is below Division Chief, the Commission has discretion to grant or dismiss the petition for review.
Errors of judgment, questions of law, and/or grave abuse of discretion may be raised in the petition for review.
The petition may be dismissed outright for lack of merit.
The memorandum takes effect fifteen (15) days from its publication in a newspaper of leading circulation.