Revised Rules on Civil Service Admin Cases

Legal basis and policy aim

Section 12(2), Chapter 3, Title I, Subtitle (A), Book V of Executive Order No. 292 (Administrative Code of 1987) empowers the Civil Service Commission to prescribe, amend, and enforce rules and regulations to carry out its mandate.
Section 12(11), Chapter 3, Title I, Subtitle (A), Book V of Executive Order No. 292 authorizes the Commission to hear and decide administrative cases instituted by or brought before it, including contested appointments, and to review decisions and actions of its offices and attached agencies.
The revised rules are adopted to make administrative proceedings more responsive to demands for speedy, fair, and judicious disposition of cases.

Coverage and core definitions

These uniform rules apply to all cases brought before the Civil Service Commission and other government agencies, except where a special law provides otherwise.
“Civil Service” means all men and women in all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters.
“Commission” refers to the Civil Service Commission (Central Office and Regional Offices), while “Commission Proper” refers to the Civil Service Commission–Central Office.
“Civil Service Regional Offices” refers to sixteen (16) regional offices and any subsequently created regional offices, each headed by a Regional Director.
“Department” refers to any executive department or entity having the category of a department, including the judiciary and other constitutional commissions and offices.
“Agency” refers to any bureau, office, commission, administration, board, committee, institute, corporation with original charter, state universities and colleges, and any other unit of the national government, as well as provincial, city or municipal government.
“Disciplining authority” is the person, tribunal, or body authorized to suspend, dismiss, or discipline officials and employees in the Civil Service.
“Appointing authority” is the person or body authorized to issue appointments in the Civil Service.
“Personnel action” includes appointment through certification, promotion, transfer, reinstatement, reemployment, detail, reassignment, demotion, and separation from the service.
“Respondent” is the person formally charged by the disciplining authority; “person complained of” is the subject of a complaint not yet formally charged.
“Party adversely affected” is the respondent against whom a decision in a disciplinary case has been rendered.
“Forum-shopping” is filing an administrative action or complaint before another agency or tribunal against the same party involving the same acts or causes of action and relief.
“Qualified next-in-rank” is an employee appointed under permanent status to a position previously determined to be a next-in-rank to the vacancy and who meets appointment requirements.
“Third level” covers CES positions including Undersecretary, Assistant Secretary, Bureau Director, Regional Director, Assistant Regional Director, and other officers of equivalent rank.
“Probationary employee” is an employee in an original appointment required to undergo the first six (6) months of probationary status.

Disciplinary case commencement and investigation

Administrative investigations proceed without necessarily adhering strictly to the technical rules of procedure and evidence applicable to judicial proceedings (Section 3).
The Civil Service Commission hears and decides administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and reviews decisions/actions of its offices and attached agencies (Section 4).
The Civil Service Commission has final authority over removal, separation, and suspension of all officers and employees in the Civil Service and matters relating to their conduct, discipline, and efficiency, subject to the Constitution or law (Section 4).
The Civil Service Commission Proper has jurisdiction over enumerated disciplinary matters, including:
- Review of decisions of Civil Service Regional Offices brought before it by petition for review;
- Appeals from decisions of heads of departments/agencies/provinces/cities/municipalities and other instrumentalities imposing penalties exceeding thirty (30) days suspension or a fine exceeding thirty (30) days salary;
- Complaints against Commission Proper personnel;
- Complaints against third level officials who are not presidential appointees;
- Other complaints requiring direct or immediate action in the interest of justice;
- Appeals from Orders of Preventive Suspension;
- Requests for transfer of venue of hearings by Civil Service Regional Offices; and
- Analogous actions involving issues arising out of or connected with those matters (Section 5(A)).
The Civil Service Commission Proper has enumerated non-disciplinary jurisdiction, including:
- Review of decisions of Civil Service Regional Offices;
- Executive clemency recommendation requests;
- Protests against appointments or other personnel actions involving third level officials; and
- Analogous petitions (Section 5(B)).
Civil Service Regional Offices have jurisdiction over enumerated disciplinary matters, including:
- Complaints initiated or brought before them where the alleged acts/omissions were committed within their jurisdiction and the persons complained of are employees of agencies within those geographical areas (including examination anomalies/irregularities);
- Complaints involving Regional Office personnel who are appointees of the office; and
- Petitions to place respondents under preventive suspension (Section 6(A)).
Civil Service Regional Offices have enumerated non-disciplinary jurisdiction, including:
- Disapproval of appointments brought before them on appeal;
- Protests against appointments of first and second level employees;
- Appellate review of decisions of national agencies and local government units on personnel actions and non-disciplinary cases within their geographical boundaries; and
- Requests for accreditation of services and corrections of personal information in Commission records (Section 6(B)).
Agency heads (departments/agencies/provinces/cities/municipalities and other instrumentalities) have original concurrent jurisdiction with the Commission over their officers and employees (Section 7).
Agency heads’ disciplinary decisions are final when the imposed penalty is suspension for not more than thirty (30) days or fine not exceeding thirty (30) days salary, while removal penalties are executory only after confirmation by the concerned Department Secretary (Section 7(A)).
Form of complaint (Section 8):
- A complaint against a Civil Service official/employee must be in writing, and subscribed and sworn by the complainant, except complaints initiated by the proper disciplining authority need not be under oath.
- Anonymous complaints are not entertained unless allegations have obvious truth/merit or are supported by documentary or direct evidence, in which case the person complained of may be required to comment.
- Complaints must be written in clear, simple, and concise language so the civil servant understands the accusation and can prepare a defense.
- Complaints must contain:
  - Full name and address of complainant;
  - Full name and address of the person complained of, with position and office of employment;
  - A narration of relevant and material facts showing the acts or omissions;
  - Certified true copies of documentary evidence and sworn affidavits of witnesses, if any; and
  - A certification/statement of non-forum shopping.
- If any required element is absent, the complaint is dismissed (Section 8).
Where and when to file (Section 9): an administrative complaint may be filed at any time with the Commission or proper agency heads, unless otherwise provided by law.
Withdrawal (Section 10): withdrawal does not result in outright dismissal nor discharge from administrative liability; due course is given where there is obvious truth/merit or documentary evidence tending to prove guilt.
Initial action (Section 11): upon receipt of a sufficient complaint, the disciplining authority requires submission of a Counter-Affidavit/Comment under oath within three (3) days from receipt.
Preliminary investigation (Section 12):
- Preliminary investigation is an ex parte examination of records/documents submitted by parties and readily available documents from other government offices.
- Parties may submit affidavits and counter-affidavits during the investigation; failure to submit the counter-affidavit is a waiver.
- Summoning a conference is allowed for clarificatory and relevant questions.
- After receipt of the counter-affidavit/comment, the disciplining authority determines whether a prima facie case exists to issue a formal charge.
- Preliminary investigation necessarily includes any fact-finding investigation conducted.
- The Commission may entrust preliminary investigation to lawyers of other agencies pursuant to Section 79.
Timelines for preliminary investigation (Section 13-14):
- Commencement: not later than five (5) days from receipt of the complaint.
- Termination: within thirty (30) days thereafter.
- Investigation report: submitted within five (5) days from termination, including complete case records to the disciplining authority.
Decision after preliminary investigation (Section 15):
- If a prima facie case exists, a formal charge issues and a formal investigation follows.
- If no prima facie case exists, the complaint is dismissed.
Formal charge contents (Section 16):
- Specification of charge(s), brief statement of material/relevant facts, and certified true copies of documentary evidence, if any.
- Sworn statements covering witness testimony, if any.
- A directive to answer the charge(s) in writing under oath within not less than seventy-two (72) hours from receipt.
- Advice whether respondent elects a formal investigation.
- Notice that the respondent is entitled to counsel of choice.
- If the respondent already submitted comment/counter-affidavits, the respondent is given opportunity to submit additional evidence.
- Requests for clarification, bills of particulars, and motions to dismiss that are obviously designed to delay are not entertained; such pleadings are treated as an answer and evaluated accordingly.
Answer requirements (Section 17): the answer must be in writing and under oath, be specific, state material facts and applicable laws (if any), include documentary evidence and sworn witness statements (if any), and indicate whether respondent elects formal investigation.
Failure to answer (Section 18): non-filing within five (5) days from receipt results in waiver; formal investigation may commence.
Preventive suspension (Sections 19-20):
- Preventive suspension may be issued upon petition or motu proprio by the proper disciplining authority upon service of the Formal Charge or immediately thereafter to any subordinate officer/employee, pending investigation, when charges involve:
  - dishonesty;
  - oppression;
  - grave misconduct;
  - neglect in the performance of duty; or
  - reasons to believe the respondent is guilty of charges warranting removal.
- Preventive suspension temporarily removes the respondent from the scene to prevent undue influence/pressure on witnesses and tampering with documentary evidence.
- Instead of preventive suspension, the disciplining authority/head of office may reassign the respondent to another unit during formal hearings for the same purposes.
- Automatic reinstatement rule (Section 20): if not finally decided within ninety (90) days after preventive suspension, the respondent is automatically reinstated, unless otherwise provided by special law.
- Delay due to the respondent’s fault, negligence, or petition is excluded from the 90-day computation.
- Preventive suspension is deferred or interrupted if the respondent is on Maternity/Paternity leave, until the leave has been fully enjoyed.
Remedies regarding preventive suspension (Section 21): the respondent may file a motion for reconsideration with the disciplining authority or appeal to the Commission within fifteen (15) days from receipt.
Formal investigation (Sections 22-24):
- A formal investigation is conducted even if respondent does not request, when merits cannot be decided judiciously without it.
- Scheduling: not earlier than five (5) days and not later than ten (10) days from receipt of respondent’s answer; completion within thirty (30) days from issuance of the formal charge or receipt of answer unless extended in meritorious cases.
- The Commission may entrust formal investigation to lawyers of other agencies pursuant to Section 79.
- Pre-hearing conference may address stipulation of facts, simplification of issues, identification/marking of evidence, waiver of admissibility objections, witness limitation and names, hearing dates, and other prompt resolution aids; parties may submit position papers/memoranda and submit for resolution without further hearings.
- Hearings continue on scheduled dates strictly followed without further notice after the first notice of at least five (5) days if no pre-hearing conference is conducted.
- A party is granted only three (3) postponements; a fourth requires a written request and discretion of the disciplining authority.
- If the respondent fails or refuses to appear despite due notice, the investigation proceeds ex parte and the respondent waives the right to be present and submit evidence for those hearings.
Hearing procedures (Sections 25-32):
- The hearing officer notes appearances and receives complainant evidence first.
- Absence of counsel for respondent results in waiver of the right to counsel.
- Witnesses testify after being placed under oath; the officer takes name, address, civil status, age, and place of employment.
- A properly identified and affirmed sworn witness statement constitutes direct testimony, furnished to the other party.
- Clarificatory questions may be asked.
- Counsel must state full name, IBP receipt, and exact address where served; non-compliant appearances are not recognized (Section 26).
- Order of hearing follows: complainant evidence subject to pre-hearing agreement; cross-examination; redirect/re-cross if any; respondent evidence; then rebuttal/sur-rebuttal if any.
- Memoranda after evidence: submission allowed orally or in writing, and memoranda in no case beyond five (5) days after termination of the investigation; failure is waiver.
- Objections are resolved by the hearing officer; evidence material/relevant is accepted, and in doubt evidence is admitted subject to objection for later rulings.
- Documentary exhibits are marked by letters (A, B, C…) when presented by the complainant and by numbers (1, 2, 3…) when presented by the respondent.
- Subpoena requests require at least three (3) days before the scheduled hearing; hearing officer may issue subpoenas ad testificandum and subpoena duces tecum.
- Records may be taken in shorthand/stenotype or other recording means.
Filing by mail/personal delivery (Section 33): mail filings are deemed filed on postmark date; personal deliveries are deemed filed on the date stamped by the disciplining office.
Effect of pending administrative case (Section 34):
- Pendency does not disqualify from promotion or from claiming maternity/paternity benefits.
- A pending administrative case exists when a formal charge is issued, or when a private complaint has a prima facie case found by the disciplining authority.
Formal investigation report (Section 35):
- Hearing officer submits report within fifteen (15) days from conclusion of formal investigation, including narration of facts established, findings/evidence supporting findings, and recommendations; complete records are attached and must be systematically arranged, paged, bound, and table-of-contents prepared; whoever transmits records is responsible for loss/suppression of pages.
Decision timeline (Section 36): disciplining authority renders decision within thirty (30) days from receipt of the report of investigation.
Finality and executory nature (Section 37):
- Penalties of suspension not exceeding thirty (30) days or a fine not exceeding thirty (30) days salary imposed by heads of agencies are final and executory.
- Suspension exceeding thirty (30) days or fine exceeding thirty (30) days salary becomes final and executory after the lapse of the reglementary period for a motion for reconsideration or appeal without such filing.

Remedies and appellate review

Motion for reconsideration (Sections 38-42):
- The party adversely affected may file a motion for reconsideration within fifteen (15) days from receipt with the disciplining authority that rendered the decision.
- Deemed filing dates: mail uses postmark date; personal delivery uses office stamp.
- Grounds include: newly discovered evidence materially affecting the decision; decision not supported by evidence; or errors of law/irregularities prejudicial to the movant.
- Only one (1) motion for reconsideration is entertained.
- Filing within the reglementary period of fifteen (15) days stays execution of the decision sought to be reconsidered.
Appeals (Sections 43-47):
- Decisions of heads of departments/agencies/provinces/cities/municipalities and other instrumentalities imposing penalties exceeding thirty (30) days suspension or fine exceeding thirty (30) days salary may be appealed to the Commission Proper within fifteen (15) days from receipt.
- If bureau/office head decisions are appealable to the Commission, initial appeal is to the department head and final to the Commission Proper.
- Pending appeal, the decision is executory except that removal requires confirmation by the Secretary concerned.
- Notice of appeal and appeal memorandum must be filed with the appellate authority, with a copy furnished to the disciplining office; the disciplining office submits the records and its comment within fifteen (15) days to the appellate authority.
- Deemed filing for appeals follows the postmark/office stamp rule.
- Appeal fee is Three Hundred Pesos (P300.00), with receipt attached.
- To perfect an appeal within fifteen (15) days from receipt of decision, the appellant must submit:
  - notice of appeal stating decision date and receipt date;
  - three (3) copies of appeal memorandum with grounds, with certified true copy of decision and certified copies of documents/evidence;
  - proof of service of appeal memorandum on disciplining office;
  - proof of payment of appeal fee; and
  - statement/certificate of non-forum shopping.
- Non-compliance within the reglementary period causes failure to perfect and dismissal.
- An appeal does not stop execution; if the penalty is suspension or removal and respondent wins, the respondent is considered to have been under preventive suspension during the pendency of the appeal.
Remand for due process and consequences (Section 48):
- If the Commission Proper remands for further investigation, the disciplining authority finishes investigation within three (3) calendar months from receipt of records, excluding delay due to respondent fault/negligence/petition, unless extended by the Commission Proper in meritorious cases.
- After investigation termination, decision must issue within fifteen (15) days; if not decided within that period, the Commission Proper vacates the appealed decision and declares respondent exonerated.
- If respondent is under preventive suspension, respondent is immediately reinstated and entitled to back salaries and other benefits.
- Civil Service Regional Office and the Office for Legal Affairs evaluate requests for extension of formal investigations; they grant only on meritorious grounds and extension is not more than twenty (20) days.
- The Director monitors implementation of the remand and reports to the Commission Proper.
Petitions for review (Sections 49-50):
- A complainant may elevate a Civil Service Regional Office dismissal for lack of prima facie case to the Commission Proper by petition for review within fifteen (15) days from receipt.
- A party may elevate a Commission decision to the Court of Appeals by petition for review under Rule 43 of the 1997 Revised Rules of Court.
Executive clemency recommendations (Section 51):
- In meritorious cases and upon Commission recommendation, the President may commute or remove administrative penalties or disabilities, with terms/conditions in the interest of service.
- A dismissed/disciplined employee may file with the Commission Proper a petition for favorable recommendation upon submission of:
  - certified true copy of the decision with favorable recommendation by the disciplining authority;
  - certification from reputable members of the community of usefulness;
  - proof of non-pendency of an appeal/petition for review relative to the disciplinary case before any court/tribunal; and
  - proof of payment of Three Hundred (P300.00) Pesos.

Penalty system and administrative effects

Administrative offenses are classified as grave, less grave, or light based on gravity/depravity and effects on government service (Section 52).
Grave offenses and penalties (Section 52(A)) include:
- Dishonesty (1st offense: Dismissal);
- Gross Neglect of Duty (1st offense: Dismissal);
- Grave Misconduct (1st offense: Dismissal);
- Being Notoriously Undesirable (1st offense: Dismissal);
- Conviction of a crime involving moral turpitude (1st offense: Dismissal);
- Falsification of official document (1st offense: Dismissal);
- Physical or mental incapacity/disability due to immoral or vicious habits (1st offense: Dismissal);
- Engaging in partisan political activities by one holding non-political office (1st offense: Dismissal);
- Receiving for personal use a fee, gift, or other valuable thing in hope/expectation of favor (1st offense: Dismissal);
- Contracting loans of money/other property from persons with whom the office has business relations (1st offense: Dismissal);
- Soliciting/accepting any gift/gratuity/favor/entertainment/loan/anything of monetary value in the course or connection with official duties or regulated transactions (1st offense: Dismissal), with propriety determined by value, kinship/relationship, and motivation, and a “thing of monetary value” being evidently manifestly excessive by nature;
- Nepotism (1st offense: Dismissal);
- Disloyalty to the Republic and Filipino people (1st offense: Dismissal);
- Oppression (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Disgraceful and immoral conduct (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Inefficiency and incompetence (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Frequent unauthorized absences/tardiness/loafing/frequent unauthorized absences during regular office hours (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Refusal to perform official duty (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Gross insubordination (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Conduct prejudicial to the best interest of the service (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Having financial and material interest in any transaction requiring office approval (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal), with financial/material interest defined as pecuniary/proprietary interest to gain or lose something;
- Owning/controlling/managing/accepting employment as officer/employee/consultant/counsel/broker/agent/trustee/nominee in any private enterprise regulated/supervised/licensed by the office unless expressly allowed by law (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Disclosing or misusing confidential/classified information to further private interests/give undue advantage/prejudice public interest (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Obtaining/using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees for purposes contrary to morals/public policy or commercial purposes other than by news/communications media for dissemination to the general public (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal);
- Recommending any person for positions in a private enterprise with regular/pending official transactions, unless mandated by law or international agreements/commitments/obligations or as part of official function (1st offense: Suspension (6 mos. 1 day to 1 year); 2nd offense: Dismissal).
Less grave offenses and penalties (Section 52(B)) include:
- Simple Neglect of Duty (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Simple Misconduct (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Gross Discourtesy in the course of official duties (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Violation of existing Civil Service law and rules of serious nature (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Insubordination (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Habitual Drunkenness (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Unfair discrimination in rendering public service due to party affiliation or preference (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Failure to file sworn statements of assets/liabilities/net worth and disclosure of business interest and financial connections (including those of spouse and unmarried children under eighteen (18) years living in household) (1st offense: Suspension (1 mo. 1 day to 6 mos.); 2nd offense: Dismissal);
- Failure to resign within thirty (30) days from assumption of public office when conflict of interest arises and/or failure to divest within sixty (60) days from assumption of public