Question & AnswerQ&A (CSC MEMORANDUM CIRCULAR NO. 46)
These Rules apply to all proceedings before the Civil Service Commission or any of its offices concerning administrative disciplinary cases.
No officer or employee shall be suspended or dismissed except for cause as provided by law and after due process, ensuring security of tenure.
The Civil Service Commission has original disciplinary jurisdiction over all its officials and employees and over cases involving civil service examination anomalies or irregularities.
Like penalties shall be imposed for like offenses, and only one penalty shall be imposed per case, with reprimands considered penalties but warnings/admonitions not.
Grounds include dishonesty, oppression, neglect of duty, misconduct, immoral conduct, discourtesy, inefficiency, falsification of documents, habitual drunkenness, insubordination, violation of RA 6713, among others.
Any complaint must be in writing and under oath; otherwise, it will not be given due course.
No action shall be taken on anonymous complaints unless there is obvious truth or merit, and in such cases, the Commission or department head may initiate filing charges.
Preventive suspension may be imposed on any government employee under investigation for charges involving dishonesty, oppression, grave misconduct, neglect, or charges warranting removal.
The employee shall be automatically reinstated unless the delay was caused by the employee’s fault or petition.
The respondent has not less than 72 hours and not more than 5 days to answer in writing and under oath, with supporting evidence, and may elect for a formal investigation if the answer is unsatisfactory.
Parties may agree on simplification of issues, stipulation of facts, witness numbers, evidence marking, waiver of objections, compromise, and other matters aiding prompt resolution; an order is issued binding the parties.
Postponements are discouraged and only allowed for meritorious reasons such as illness; they shall not exceed 5 working days and never more than 10 days without Commission authority.
Evidence is admitted liberally based on materiality and relevance without strict adherence to technical rules of evidence applicable in courts.
Decisions must be rendered within 30 days from receipt of the complete records.
Grounds include newly discovered evidence materially affecting decision, decision unsupported by evidence on record, or errors of law or irregularities prejudicial to the respondent.
Appointments in favor of non-qualified next-in-rank employees, appointments made in favor of non-next-in-rank employees, or appointments by transfer, reinstatement, or original appointment where the protestant is dissatisfied with the special reasons given.
Only a qualified next-in-rank officer or employee who was not considered for promotion may file a protest with the department or agency head.
Within fifteen (15) days from the notice of issuance of the appointment or promotion.
A protest does not render the appointment ineffective if the appointee assumes the duties; the appointment may be approved provisionally subject to the final decision on the protest.
The appointment of the protestee is rendered ineffective or disapproved, noted in personnel records, and the protestee is reverted to their former position.