Constitutional and statutory basis
- Article IX-A, Section 6 of the 1987 Constitution authorizes each Commission en banc to promulgate its own rules concerning pleadings and practice before it or before any of its offices.
- Administrative Code of 1987 (Executive Order No. 292), Book V, Title I (A), Chapter III, Section 12(2) empowers the CSC to prescribe, amend, and enforce rules and regulations to effectively carry out its mandate.
- Administrative Code of 1987 (Executive Order No. 292), Book V, Title I (A), Chapter III, Section 12(15) requires the CSC to conduct periodic review of decisions and actions of offices or officials to whom authority has been delegated by the CSC, and apply appropriate sanctions when necessary.
- The CSC adopted the amendment to ensure civil service penalty rules are updated and revised to be more commensurate to the offense.
Policy and purpose of the amendment
- The CSC updated the rules on imposable penalties to better match the seriousness of the offense committed by the concerned officer or employee.
- The amendment establishes clear classification rules for what constitutes a penalty of reprimand versus a warning or admonition.
Amended rule on reprimand penalties
- Section 15, Rule XIV provides that a reprimand given either by the Civil Service Commission or by the head of department or agency is considered a penalty.
- Section 15, Rule XIV provides that a warning or admonition is not considered a penalty.
- The amended Section 15, Rule XIV adds that the penalty of reprimand does not include any accessory penalty.
- The amended Section 15, Rule XIV provides that the penalty of reprimand does not entail the forfeiture of leave credits, retirement benefits, and bonuses that may be granted.
Who issues reprimand; distinction from admonition
- A reprimand is treated as a penalty whether it is issued by the Civil Service Commission.
- A reprimand is treated as a penalty whether it is issued by the head of department or agency.
- A warning is treated as not constituting a penalty.
- An admonition is treated as not constituting a penalty.
Effects on accessory penalties and benefits
- The penalty of reprimand does not carry any accessory penalty.
- The penalty of reprimand does not cause forfeiture of leave credits.
- The penalty of reprimand does not cause forfeiture of retirement benefits.
- The penalty of reprimand does not cause forfeiture of bonuses that may be granted.
Adoption and formalization
- The amendment was adopted under CSC Resolution No. 98-0064 dated January 13, 1998.
- The circular reflects the chairman’s adoption signature of Corazon Alma G. De Leon.
- The circular reflects attestation by Carmencita Giselle B. Borillo, Board Secretary VI.
- The amendment is implemented by adding a second paragraph to Section 15, Rule XIV of Book V rules under Executive Order No. 292.