QuestionsQuestions (CSC MEMORANDUM CIRCULAR NO. 19 S. 1999)
It takes effect on September 27, 1999, as stated: published on September 11, 1999 and effective after 15 days. It is important because it determines which version of the rules governs administrative proceedings filed/acted upon thereafter.
They apply to disciplinary and non-disciplinary proceedings in administrative cases brought before the Civil Service Commission (CSC) and/or other government agencies, except where a special law provides otherwise.
While the text does not explicitly define “disciplinary case” in one sentence, it classifies cases under “Disciplinary” and provides procedures for complaints against civil service officials/employees with corresponding penalties. Key feature: formal charge, preliminary and formal investigation, and eventual imposition of administrative penalties.
The complaint must include: (1) full name and address of complainant; (2) full name and address of person complained of, with position and office; (3) narration of relevant/material facts; (4) certified true copies of documentary evidence and affidavits of witnesses, if any; and (5) certification/non-forum shopping.
Yes, it “shall not be given due course unless it is in writing and subscribed and sworn to.” Exception: in cases initiated by the proper disciplining authority, the complaint need not be under oath.
It shall be dismissed for being insufficient in form and/or substance: “In the absence of any one of the aforementioned requirements, the complaint shall be dismissed.”
The person complained of must submit a Counter-Affidavit/Comment under oath within three (3) days from receipt.
Purpose: ex parte examination of records/documents submitted by parties and readily available documents from other offices, with opportunity for affidavits/counter-affidavits and possibly clarificatory questions. Timeline: starts no later than five (5) days from receipt of complaint by the disciplining authority and terminated within thirty (30) days thereafter.
It must contain: (1) specification of charge(s); (2) brief statement of material/relevant facts; (3) certified true copies of documentary evidence (if any) and sworn statements covering witnesses’ testimony; (4) directive to answer in writing under oath in not less than 72 hours from receipt; (5) advice on whether respondent elects formal investigation; and (6) notice that respondent may be assisted by counsel of choice.
If not finally decided within 90 days from the date of preventive suspension, respondent is automatically reinstated, unless delay is due to respondent’s fault/negligence/petition (not counted). If respondent is on maternity/paternity leave, preventive suspension is deferred/interrupted until leave is fully enjoyed.
Under Section 36, decision must be rendered within 30 days from receipt of the Report of Investigation. If remanded for further investigation (Section 48), the disciplining authority must decide within 15 days from termination of investigation; if it fails, CSC Proper vacates the appealed decision and declares respondent exonerated, with reinstatement if under preventive suspension.
Within 15 days from receipt of decision (Section 38). Filing within the reglementary period stays execution (Section 42). Only one MR shall be entertained (Section 41).
Decisions imposing penalty exceeding 30 days suspension or fine beyond 30 days salary may be appealed to the Commission Proper within 15 days from receipt (Section 43). If initially appealable to a department head (e.g., bureau/office head), it may go first to the department head and finally to the Commission Proper.