Revised Rules on Administrative Cases in Civil Service

Policy, purpose, and rule construction

The RRACCS must be liberally construed to promote just, speedy, and inexpensive disposition of administrative cases (Rule 1, Section 3).
Administrative investigations must be conducted without strict recourse to technical rules of procedure and evidence applicable to judicial proceedings (Rule 1, Section 3).

Key definitions used

“Agency” refers to any bureau, office, commission, administration, board, committee, institute, corporation with original charter, whether performing governmental or proprietary function, or any other unit of the national government, as well as provincial, city, or municipal government (Rule 1, Section 4).
“Appointing Officer” refers to the person or body duly authorized to issue appointments in the civil service (Rule 1, Section 4).
“Civil Service” is the generic term covering all men and women in all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters (Rule 1, Section 4).
“Commission” refers to the Civil Service Commission composed of the Chairman and two (2) Commissioners (Rule 1, Section 4).
“Disciplining Authority” refers to the person or body duly authorized to impose the penalty provided for by law or rules (Rule 1, Section 4).
“Forum-shopping” is filing several administrative actions or complaints either simultaneously or successively before another agency or tribunal having jurisdiction, against the same party, involving the same essential facts, circumstances, acts, causes of action or relief, and raising substantially the same issues pending in or already resolved adversely by some other tribunal or agency (Rule 1, Section 4).
“Party Adversely Affected” refers to the respondent against whom a decision in an administrative case has been rendered, or to the disciplining authority in an appeal from a decision reversing or modifying the original decision (Rule 1, Section 4).
“Person Complained Of” refers to the person who is the subject of a complaint but who is not yet issued a notice of charge/s or formal charge by the disciplining authority (Rule 1, Section 4).
“Respondent” refers to the person issued a notice of charge/s or formal charge by the disciplining authority (Rule 1, Section 4).

Coverage, applicability, and venue rules

The RRACCS applies to all disciplinary and non-disciplinary administrative cases brought before the Civil Service Commission, agencies and instrumentalities of the National Government, local government units, and government-owned or controlled corporations with original charters, except as may be provided by law (Rule 2, Section 2).
Sexual harassment cases are primarily governed by the Administrative Rules on Sexual Harassment Cases (CSC Resolution No. 01-0940 dated May 21, 2001), and the RRACCS applies suppletorily to those cases (Rule 2, Section 2).
The Civil Service Commission shall hear and decide administrative cases instituted by or brought before it, directly or on appeal, including contested appointments and review of decisions and actions of its offices and attached agencies (Rule 2, Section 5).
If a case is filed before the Commission or a CSC Regional Office but jurisdiction properly belongs to another CSC Regional Office or the Commission, the case shall be forwarded to the appropriate office (Rule 2, Section 6).
The Civil Service Commission takes cognizance of enumerated disciplinary and non-disciplinary matters under Rule 2, Section 7.
CSC Regional Offices take cognizance of enumerated cases under Rule 2, Section 8, except as otherwise directed by the Commission.

Jurisdiction and cognizance boundaries

The Civil Service Commission hears, among others: (a) appeals or petitions for review from Civil Service Commission Regional Office decisions; (b) appeals involving penalties exceeding thirty (30) days suspension or a fine exceeding thirty (30) days salary; (c) complaints against CSC personnel; (d) complaints against officials who are not presidential appointees; (e) cases involving venue-transfer requests for hearings being conducted by CSC Regional Offices; and (f) appeals from orders of preventive suspension (Rule 2, Section 7(A)).
The Civil Service Commission hears non-disciplinary matters under Rule 2, Section 7(B) including decisions on personnel actions and requests for correction of personal information within five (5) years before mandatory retirement.
CSC Regional Offices take cognizance, among others, of disciplinary cases when alleged acts or omissions were committed within the Regional Office’s jurisdiction and the persons complained of are rank-and-file employees within those geographical areas; complaints involving CSC Regional Office personnel who are appointees of that office; and petitions to place respondents under preventive suspension (Rule 2, Section 8(A)).
CSC Regional Offices take cognizance of non-disciplinary cases under Rule 2, Section 8(B) including disapproval/recall/invalidation of appointments on appeal and protests and personnel actions within their geographical boundaries, except for cases involving department secretaries and bureau heads.

Heads of agencies: original concurrent jurisdiction

Secretaries and heads of agencies, and other instrumentalities, provinces, cities, and municipalities have original concurrent jurisdiction with the Commission over their respective officers and employees (Rule 2, Section 9).
Heads of agencies decide complaints as final when the imposed penalty is suspension for not more than thirty (30) days or a fine not exceeding thirty (30) days salary (Rule 2, Section 9).
When a bureau or office head’s decision is appealable to the Commission, it may be initially appealed to the department and finally to the Commission (Rule 2, Section 9).
Decisions pending appeal are executory, except when the penalty is removal, in which case the decision is executory only after confirmation by the Secretary concerned (Rule 2, Section 9).

How disciplinary cases start

Administrative proceedings may be initiated by the disciplining authority motu proprio or upon complaint of any other person (Rule 3, Section 10).
A complaint filed by anyone other than the disciplining authority or its authorized representative must be in writing, subscribed, and sworn by the complainant to be given due course (Rule 3, Section 11).
When initiated by the disciplining authority or its authorized representative, a show cause order is sufficient (Rule 3, Section 11).
No anonymous complaint is entertained unless there is obvious truth or merit supported by documentary or direct evidence; in such case, the person complained of may be required to comment (Rule 3, Section 11).
A valid complaint must be in triplicate, written in clear, simple and concise language, and must enable the person complained of to intelligently prepare the defense (Rule 3, Section 11).
A complaint must contain: (a) full name and address of the complainant; (b) full name and address of the person/s complained of, with position/s and office/s; (c) a narration of relevant and material facts; (d) certified true copies of documentary evidence and affidavits of witnesses (if any); and (e) a certification or statement of non-forum shopping (Rule 3, Section 11).
The absence of any required complaint element causes dismissal of the complaint without prejudice to refiling upon compliance (Rule 3, Section 11).
An administrative complaint may be filed at any time with the Commission or its Regional Offices, heads of departments, agencies, provinces, cities, municipalities, and other instrumentalities, except when otherwise provided by law (Rule 3, Section 12).
Withdrawal of a complaint does not result in outright dismissal or discharge from administrative liability; when there is obvious truth/merit or documentary evidence tending to prove guilt, the complaint must be given due course (Rule 3, Section 13).

Early case processing steps

Upon receipt of a complaint sufficient in form and substance, the disciplining authority shall require the person/s complained of to submit a Counter-Affidavit/Comment under oath within three (3) days from receipt of the order requiring comment (Rule 3, Section 14).

Preliminary investigation: facts and timelines

A preliminary investigation is a proceeding to determine whether a prima facie case exists to warrant a formal charge; it involves fact-finding and/or ex-parte examination of records and documents submitted by the complainant and the person/s complained of, and documents readily available from other government offices (Rule 4, Section 15).
Within five (5) days from receipt of the complaint sufficient in form and substance, the person/s complained of must submit a counter-affidavit/comment (Rule 4, Section 16).
If the complaint is initiated by the disciplining authority, it issues a show-cause memorandum directing the person/s complained of to explain why no administrative case should be filed (Rule 4, Section 16).
Failure to submit the comment/counter-affidavit/explanation is treated as waiver, and the preliminary investigation may proceed even without it (Rule 4, Section 16).
The investigator may summon the parties for a conference for clarificatory questions (Rule 4, Section 16).
The preliminary investigation must commence not later than five (5) days from receipt by the disciplining authority and must terminate within twenty (20) days thereafter (Rule 4, Section 17).
Within five (5) days from termination, the investigating officer must submit an Investigation Report with recommendations and complete records to the disciplining authority (Rule 4, Section 18).
If a prima facie case is found, the disciplining authority may issue a formal charge or a notice of charge/s under Rule 5; if no prima facie case exists, the complaint is dismissed (Rule 4, Section 19).

Formal charge requirements and restrictions

After prima facie finding, the disciplining authority formally charges the person complained of as respondent; the formal charge must include specifications of charge/s, brief statements of material facts, certified true copies of documentary evidence (if any), sworn statements covering witness testimony (if any), a directive to answer in writing under oath in not less than seventy-two (72) hours from receipt, advice on election of formal investigation, and notice that the respondent may choose counsel (Rule 5, Section 20).
When the complaint was initiated by someone other than the disciplining authority, the disciplining authority issues a written notice of charge(s) attached with copies of the complaint, sworn statement, and documents submitted; it must state that a prima facie case exists and direct an answer in writing under oath in not less than seventy-two (72) hours, with notice that counsel may be chosen (Rule 5, Section 21).
The disciplining authority shall not entertain requests for clarification, bills of particulars, motions to dismiss, motions to quash, or motions for reconsideration; if interposed by the respondent, these are treated as an answer and evaluated as such (Rule 5, Section 22).

Answer: oath requirement and waiver

The respondent’s answer must be in writing and under oath, must be specific, and must contain material facts and applicable laws, if any, with documentary evidence and sworn witness statements (if any) (Rule 6, Section 23).
If the respondent fails or refuses to file an answer within the period in the formal charge/notice—which shall not be less than three (3) days from receipt—the respondent waives the right to submit it and the case may be decided based on available records (Rule 6, Section 24).

Preventive suspension: nature, grounds, limits

Preventive suspension is not a penalty; it is a precautionary measure to remove the respondent from the scene while the case is investigated (Rule 7, Section 25).
The proper disciplining authority may issue preventive suspension upon petition of the complainant or motu proprio upon service of the formal charge/notice or immediately thereafter, to a subordinate officer/employee under the authority, pending investigation if the charge involves: dishonesty, oppression, grave misconduct, neglect in the performance of duty, offenses punishable by dismissal on the second or third offense, or if there are reasons to believe guilt would warrant removal (Rule 7, Section 26(A)).
Preventive suspension may also be issued to temporarily remove the respondent to preclude undue influence on witnesses or tampering with evidence (Rule 7, Section 26(B)).
Instead of preventive suspension, the disciplining authority or head of office may reassign the respondent to another unit during formal hearings for the same purposes (Rule 7, Section 26(C)).
The preventive suspension period may not exceed ninety (90) days for national agencies or sixty (60) days for local government units (Rule 7, Section 27).
If not finally decided within the preventive suspension period, the respondent is automatically reinstated, unless the delay is due to the respondent’s fault, negligence, or petition; delay caused by motions filed by the respondent is excluded or added as provided: periods of delay due to motions filed by the respondent are added to the preventive suspension period (Rule 7, Section 27).
If preventive suspension is ordered for less than the maximum period, the disciplining authority must finish the formal investigation within that period and is precluded from imposing another preventive suspension (Rule 7, Section 27).
If the respondent is on authorized leave, preventive suspension is deferred or interrupted until the leave is fully exhausted (Rule 7, Section 27).
The respondent may appeal the order of preventive suspension to the Commission within fifteen (15) days from receipt; pending appeal, the order remains executory; a motion for reconsideration is not allowed (Rule 7, Section 28).

Back salaries during preventive suspension

A Commission declaration that a preventive suspension order is null and void on its face entitles the respondent to immediate reinstatement and payment of back salaries corresponding to the period of unlawful preventive suspension without awaiting the outcome of the main case (Rule 7, Section 29(a)).
A preventive suspension order is null and void on its face if it is issued by one not authorized by law; not premised on the conditions in Rule 7, Section 26(A and B); issued without a formal charge or notice of charges; or its duration exceeds the prescribed periods (Rule 7, Section 29(a)).
If invalidity is declared not based on the null-and-void-on-its-face grounds enumerated, reinstatement follows but payment of back salaries is withheld until the final outcome of the principal case (Rule 7, Section 29(b)).
If the respondent is fully exonerated or the penalty imposed in the principal case is reprimand, back salaries are awarded; otherwise, no back salaries are awarded (Rule 7, Section 29(b)).
“Full exoneration” requires a finding of not guilty; downgrading the charge to a lesser offense does not constitute “full exoneration” for back-salary purposes (Rule 7, Section 29(b)).
Even if the respondent is ultimately found innocent, back salaries for the preventive suspension period are not due without a finding of illegality (Rule 7, Section 29(b)).

Formal investigation: conduct and timing

A formal investigation is required when the merits cannot be judiciously decided without it or when the respondent elects one; it must be held not earlier than five (5) days and not later than ten (10) days from receipt of the respondent’s answer (or upon expiration of the period to answer) (Rule 8, Section 30).
The formal investigation must be finished within thirty (30) days from issuance of the formal charge unless extended by the disciplining authority in meritorious cases (Rule 8, Section 30).
The Commission may entrust the formal investigation to lawyers of other agencies in accordance with Section 117 of the Rules (Rule 8, Section 30).
Parties may submit position paper/memorandum and submit for resolution without further hearings based on mutual consent at any stage (Rule 8, Section 31).
A pre-hearing conference must be conducted at the commencement of the formal investigation; the hearing officer shall conduct it for the parties to appear and agree on: stipulation of facts; simplification of issues; identification and marking of evidence; waiver of objections to admissibility; limiting number of witnesses and their names; dates of subsequent hearings; and other matters aiding prompt and just resolution (Rule 8, Section 32).
Agreements during the pre-hearing conference are binding unless the hearing officer allows deviation in the interest of justice (Rule 8, Section 32).
Pre-hearing conference is mandatory; failure of the respondent to attend constitutes a waiver to participate in that conference but the respondent may still participate in the formal investigation upon appropriate motion (Rule 8, Section 32).
Hearings continue on scheduled dates or agreed dates; each party is granted one (1) postponement by oral or written request (Rule 8, Section 33).
If the respondent fails or refuses to appear or is unrepresented by counsel during scheduled hearings despite due notice, the investigation proceeds and the respondent is deemed to have waived the right to present evidence during those hearings (Rule 8, Section 33).

Evidence, counsel, and hearing mechanics

At the start of hearing, the hearing officer notes appearances and receives evidence for the complainant; if respondent appears without counsel after being apprised of the right to counsel, the respondent is deemed to have waived the right (Rule 8, Section 34).
Witnesses must be placed under oath before testimony and must be identified with name, address, civil status, age, and employment details (Rule 8, Section 34).
Properly identified and affirmed sworn witness statements constitute direct testimony, with copies furnished to the other party; clarificatory questions may be asked (Rule 8, Section 34).
Counsel must manifest appearance orally or in writing, stating full name, Roll Number, IBP receipt, and complete address for service (not P.O. box); government-employed lawyers must present authority to practice profession from the agency head or authorized representative (Rule 8, Section 35).
Unless directed otherwise, the order of hearing is: complainant evidence; respondent evidence; rebuttal/sur-rebuttal; formal offering of evidence by parties; objections; and memorandum submission within five (5) days after termination (failure to submit within the period is waiver) (Rule 8, Section 36).
The hearing officer resolves objections raised during the hearing; objections that cannot be ruled upon must be noted for inclusion in the proper party’s memorandum for ruling by the disciplining authority (Rule 8, Section 37).
The hearing officer admits evidence offered subject to objections (Rule 8, Section 37).
Documentary evidence presented by the prosecution is marked with letters (A, B, C, etc.); documentary evidence presented by the respondent is marked with numbers (1, 2, 3, etc.) (Rule 8, Section 38).
The hearing officer may issue subpoena ad testificandum and subpoena duces tecum; requests for subpoenas must be made at least seven (7) days before the scheduled hearing (Rule 8, Section 39).
Records may be taken by shorthand, stenotype, or any other means of recording (Rule 8, Section 40).
Pleadings filed with the disciplining authority must be copy furnished to the other party with proof of service; registered mail pleadings are deemed filed on the postmark date, and personal delivery is deemed filed on the date stamped by the disciplining office (Rule 8, Section 41).

Effects of pending administrative case

The pendency of an administrative case does not disqualify the respondent from promotion or other personnel actions or from claiming maternity/paternity benefits (Rule 8, Section 42).
A pending administrative case exists for this purpose when the disciplining authority issues a formal charge or notice of charge/s to the respondent (Rule 8, Section 42).

Formal investigation report and decision

Within fifteen (15) days after conclusion of the formal investigation, the hearing officer must submit a report to the disciplining authority containing narration of material facts established, findings with evidence supporting them, and recommendations; complete records must be attached and systematically arranged, paged, securely bound, and include a table of contents (Rule 8, Section 43).
The disciplining authority must decide the case within thirty (30) days from receipt of the Formal Investigation Report (Rule 9, Section 44).
A decision imposing suspension of not more than thirty (30) days or a fine not exceeding thirty (30) days salary is final, executory, and not appealable unless a motion for reconsideration is seasonably filed; the respondent may appeal if the issue is violation of due process (Rule 9, Section 45).
A decision imposing suspension exceeding thirty (30) days or a fine exceeding thirty (30) days salary becomes final and executory after the reglementary period for filing a motion for reconsideration or appeal lapses without filing (Rule 9, Section 45).

Schedule of offenses and penalties

Administrative offenses are classified into grave, less grave, or light depending on gravity and effects on government service (Rule 10, Section 46(A)-(F)).
Grave offenses punishable by dismissal include: Serious Dishonesty, Gross Neglect of Duty, Grave Misconduct, Being Notoriously Undesirable, Conviction of a crime involving moral turpitude, Falsification of official document, Physical or mental incapacity or disability due to immoral or vicious habits, receiving/soliciting/accepting gifts or valuable things in connection with official duties when given in hope of favor or better treatment (including acts punishable under anti-graft laws), contracting loans from persons with whom the office has business relations, solicitations/acceptance related to regulation or transactions of the office (with propriety determined by value, kinship/relationship, and motivation), Nepotism, and Disloyalty to the Republic of the Philippines and to the Filipino people (Rule 10, Section 46(A)).
Grave offenses punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense include: Less serious dishonesty, Oppression, Disgraceful and immoral conduct, Inefficiency and incompetence, Frequent unauthorized absences or tardiness, loafing from duty, Refusal to perform official duty, Gross Insubordination, Conduct prejudicial to the best interest of the service, financial/material interest in transactions requiring office approval, certain employment in private enterprises regulated by the office (unless allowed by law), misuse/disclosure of confidential/classified information for private interests, improper use of statements under the Code of Conduct, recommending persons for private positions with regular or pending official transactions unless mandated by law or agreements or as part of office functions (Rule 10, Section 46(B)).
Inefficiency and Incompetence as a grave offense is punishable by Demotion; the guilty person is appointed to the next lower position they are qualified for in the plantilla, or suffers diminution in salary corresponding to the next lower salary grade if no next lower position is available (Rule 10, Section 46(C)).
Less grave offenses are punishable by suspension of one (1) month and one (1) day to six (6) months for the first offense and dismissal for the second offense; they include: Simple Neglect of Duty, Simple Misconduct, Discourtesy in the course of official duties, Violation of existing Civil Service Law and rules of serious nature, Insubordination, Habitual Drunkenness, Unfair discrimination due to party affiliation or preference, failure to file sworn statements of assets/liabilities/net worth and disclosure of business interest and financial connections of spouses and unmarried children under eighteen (18) years of age living in household, failure to resign within thirty (30) days and/or failure to divest within sixty (60) days after conflict of interest arises (with reckoning rules for those already in service), and engaging directly or indirectly in partisan political activities by one holding non-political office (Rule 10, Section 46(D)).
Simple Dishonesty is a less grave offense punishable by suspension of one (1) month and one (1) day to six (6) months for the first offense, six (6) months and one (1) day to one (1) year for the second offense, and dismissal for the third offense (Rule 10, Section 46(E)).
Light offenses are punishable by reprimand for the first offense; suspension of one (1) to thirty (30) days for the second offense; and dismissal for the third offense; they include: simple discourtesy in official duties, improper/unauthorized solicitation of contributions (teachers/school officials from school children), violation of reasonable office rules, frequent unauthorized tardiness (habitual), gambling prohibited by law, refusal to render overtime service, disgraceful/immoral/dishonest conduct prior to entering service, borrowing money by superior officers from subordinates, willful failure to pay just debts or willful failure to pay taxes due to government (with “just debts” limited to court-adjudicated claims or claims whose justness/existence is admitted), lobbying without authority, promoting ticket sales for unauthorized purposes, failure to act promptly on letters/requests within fifteen (15) working days from receipt (with exception consistent with implementing rules of