Security of Tenure and Jurisdiction
- Government employees cannot be suspended or dismissed except for cause and after due process.
- CSC has original disciplinary jurisdiction over its officials and employees and certain anomalies.
- CSC has final authority over removal, suspension, and discipline of career service employees who are non-presidential appointees.
Grounds for Disciplinary Actions
- Offenses include dishonesty, oppression, neglect of duty, misconduct, immorality, discourtesy, inefficiency, unethical receipt of gifts, crimes involving moral turpitude, unauthorized solicitations, falsification, habitual absenteeism, insubordination, partisan political activity, nepotism, and violations of Civil Service laws.
Filing and Processing Administrative Complaints
- Complaints must be in writing and under oath; anonymous complaints are generally not entertained unless meritorious.
- Complaints should clearly state charges and supporting facts with documentary evidence.
- Respondent has 3 to 5 days to answer under oath.
- Cases without sufficient prima facie evidence are dismissed.
Preventive Suspension
- Allowed if charges involve dishonesty, oppression, grave misconduct, neglect, or if removal is likely.
- Suspension period should not exceed 90 days unless delay is caused by respondent.
Pre-Hearing Conferences and Hearings
- Pre-hearing conference sets issues, evidence, witnesses, possible compromises.
- Hearings are solemn, continuous unless postponed for valid reasons, and include filing of memoranda by parties.
- Evidence is accepted based on materiality and relevance, not strict judicial rules.
Decisions and Appeals
- Decisions must be rendered within 30 days of case submission.
- Decisions are immediately executory unless a timely motion for reconsideration is filed.
- Motions for reconsideration must be filed within 15 days, on limited grounds (new evidence, errors in law/evidence).
- Appeals from decisions imposing penalties above 30 days suspension or fines exceeding 30 days salary can be elevated to the Merit Systems Protection Board and CSC.
- Appeals require a fee and must meet formal requirements.
Filing and Protest of Appointments and Promotions
- Appointments must be based on merit and fitness preferably determined through competitive exams.
- Protests against appointments can be filed by qualified next-in-rank employees.
- Grounds for protest include appointments of unqualified or not next-in-rank individuals, or unsatisfactory explanation by appointing authority.
- Protests must be in writing, detailed, and filed within 15 days of appointment announcement.
Resolution of Protest Cases
- Protest heard and decided within 60 days.
- Decisions must detail qualifications, comparison of parties, and rulings.
- If protest favored, appointment of protestee is nullified and protestee reverted.
- Motions for reconsideration and appeals have specified periods and procedures.
Implementation and Penalties for Non-Compliance
- Heads of Departments or agencies who fail to implement CSC decisions can be held liable for payment of salaries and other sanctions.
- Execution of decisions enforced except when stayed by courts.
Miscellaneous Provisions
- Computation of time excludes the first day and includes the last except holidays/weekends.
- Rules take effect 30 days after publication.
- All procedural and substantive rules encourage just, speedy, and fair disposition of cases without strict adherence to technicalities.
- Proper marking, filing, and record-keeping requirements for evidentiary materials are mandated.
- Equal penalties for like offenses and only one penalty per case are imposed.
- Withdrawal of complaints or protests do not necessarily free respondents from liability if charges have merit.