July 3, 2017

CSC RESOLUTION NO. 1701077

2017Â RULES ON ADMINISTRATIVEÂ CASES IN THE CIVIL SERVICE (2017

RACCS)

Pursuant to Section 6, Article IX-A of the 1987 Constitution, the Civil

Service Commission en banc may promulgate its own rules concerning
pleadings and practice before it or before any of its offices. Such rules,
however, shall not diminish, increase, or modify substantive rights. Likewise,
Section 12 (2), Chapter 3, Title I, Subtitle (A), Book V of the Administrative
Code of 1987 (Executive Order No. 292) empowers the Civil Service
Commission, among others, to prescribe, amend and enforce rules and
regulations to effectively carry into effect the provisions of the Civil Service
Law and other pertinent laws which include the procedure in administrative
cases in the Civil Service.
NOW, THEREFORE, the Commission hereby adopts and promulgates
the following rules concerning disciplinary and non-disciplinary proceedings
in administrative cases in the Civil Service.
General Provisions
RULE 1
Applicability and Construction
SECTION 1. Â Title. — These Rules shall be known and cited as the
2017 Rules on Administrative Cases in the Civil Service (2017
RACCS).
SECTION 2. Â Coverage. — These Rules shall apply to all disciplinary
and non-disciplinary administrative cases or matters brought before the Civil
Service Commission (CSC) and its regional/field offices, agencies of the
national government, local government units, state universities and colleges
(SUCs) or local universities and colleges (LUCs), and government-owned or
controlled corporations with original charters except as may be provided by
law.
Unless otherwise provided by law, rules formulated by the agencies
shall not be in conflict with these Rules.
SECTION 3. Â Construction. — These Rules shall be liberally
construed in order to promote their objective in obtaining just, speedy, and
inexpensive disposition of administrative cases.
Administrative investigations shall be conducted without strict
recourse to technical rules of procedure and evidence applicable to judicial
proceedings.
SECTION 4. Â Definition of Terms . — The terms hereunder shall be
construed, as follows:
a. Â AGENCY refers to any bureau, office, commission,
administration, board, council, institute, state university and
college (SUC) or local university and college (LUC), corporation
with original charter, whether performing governmental or
proprietary function, or any other unit of the national government
as well as provincial, city, municipal or autonomous regional
government.
b. Â APPOINTING AUTHORITY refers to the person or body duly
authorized to issue appointments and other human resource
actions in the civil service.
c. Â BACK WAGES refers to the compensation and other benefits
that should have been earned but were not collected because of
the illegal dismissal/separation or suspension following the
principle that an illegally dismissed government employee who is
later reinstated is entitled to all the rights and privileges that
accrue by virtue of the office held.
d. Â CIVIL SERVICE is the generic term which refers to all officials
and employees in all branches, subdivisions, instrumentalities
and agencies of the Government, including government-owned or
controlled corporations with original charters.
e. Â CIVIL SERVICE COMMISSION FIELD OFFICES (CSC FOs)
refer to the Civil Service Commission Field Offices under the
direct supervision of the Civil Service Commission Regional
Office, each headed by a Field Director.CAIHTE

f. Â CIVIL SERVICE COMMISSION REGIONAL OFFICES (CSC

ROs) refer to the Civil Service Commission Regional Offices, each
headed by a Regional Director.
g. Â COMMISSION refers to the Civil Service Commission composed
of the Chairperson/Chairman and two (2) Commissioners.
h. Â DEPARTMENT refers to any of the executive departments or
entities having the category of a department, including the
judiciary, legislative and the other constitutional commissions.
i. Â DEVELOPMENTAL INTERVENTIONS refer to appropriate
learning activities which may include coaching, mentoring, cross
posting program, job rotation, temporary assignment,
secondment, team building, knowledge sharing and learning
session, shadowing, counselling, etc.
j. Â DISCIPLINING AUTHORITY refers to the person or body duly
authorized by law to impose the penalty provided for by law or
rules.
k. Â EMPLOYEE refers to a person who works for an agency and
occupies a position in either the first and second level whose
functions are not managerial in nature.
l. Â EX-PARTE refers to the act or manner of conducting a
 proceeding where only one party is present without
representation from or to other parties.
m. Â FIXER refers to any individual whether or not officially involved
in the operation of a government office or agency who has access
to people working therein, and whether or not in collusion with
them, facilitates speedy completion of transactions for pecuniary
gain or any other advantage or consideration.
n. Â FORUM SHOPPING refers to the filing of several administrative
actions or complaints either simultaneously or successively
before agencies or tribunals having concurrent jurisdiction over a
case against the same party involving the same essential facts,
circumstances, acts, causes of action or relief, and all raising
substantially the same issues. Such case can either be pending
in, or already resolved adversely by, some other tribunal or
agency.
o. Â HUMAN RESOURCE (HR) refers to the people, including their
qualifications, competencies, talents and potentials. HR as a
function pertains to the management, development and
utilization of the people towards the excellent and ethical
achievement of vision of the organization.
p. Â HUMAN RESOURCE (HR) ACTION refers to any action
denoting the movement or progress of officials and employees in
the civil service which shall include appointment, promotion,
transfer, reappointment, reinstatement, reemployment,
reclassification, detail, designation, reassignment, secondment,
demotion and separation from the service.
q. Â MOTU PROPRIO refers to an action taken by the disciplining
authority on its own initiative.
r. Â OFFICIAL refers to a person who occupies either a professional,
technical, or scientific position and whose functions are
managerial in character, exercising management over people,
resource and/or policy and exercising functions such as planning,
organizing, directing, coordinating, controlling, and overseeing
the activities of an organization, a unit thereof or of a group,
requiring some degree of professional, technical or scientific
knowledge and experience, application of managerial skills
required to carry out basic duties and responsibilities involving
leadership, functional guidance and control. Positions of officials
require intensive and thorough knowledge of a specialized field.
s. Â PARTY ADVERSELY AFFECTED refers to the respondent
against whom a decision in an administrative case has been
rendered or to the disciplining authority or prosecuting agency in
an appeal from a decision reversing or modifying the original
decision.
t. Â PERSON COMPLAINED OF refers to the person who is the
 subject of a complaint but who is not yet issued a notice of
charge or formal charge by the disciplining authority.
u. Â PRIMA FACIE CASE refers to the evidence which, if
unexplained or uncontradicted, is sufficient to sustain a judgment
in favor of the issue it supports, but which may be contradicted
by other evidence.
v. Â PROBATIONARY EMPLOYEE refers to an employee who is
required to undergo a thorough character investigation and
assessment of capability to perform the duties of the position
enumerated in the Position Description Form (PDF) during the
probationary period which is generally six (6) months or
depending on the duration of the probationary period as required
by the position or by law.
w. Â PROTEST refers to an action filed by a qualified next-in-rank
official or employee questioning the issuance of an appointment
in favor of another on the basis of lack of qualifications of the
appointee.
x. Â PSYCHOLOGICAL INTERVENTIONS refer to psychological
counseling; psychotherapy; psychosocial support; life coaching;
psychological debriefing; group processes; and all other
psychological interventions that involve the application of
psychosocial principles and methods to improve the
psychological functioning of individuals; families; groups; and
organizations. 1
y. Â QUALIFIED NEXT-IN-RANK refers to an employee appointed
on a permanent basis to a position previously determined to be a
next-in-rank to the vacancy and who meets the requirements for
appointment thereto as previously determined by the appointing
authority and approved by the Commission.
z. Â RESPONDENT refers to the person who is issued a notice of
charge or formal charge by the disciplining authority. DETACa

aa. Â SEXUAL HARASSMENT refers to an act, or a series of acts,

involving any unwelcome sexual advance, request or demand for
a sexual favor, or other verbal or physical behavior of a sexual
nature, committed by a government employee or official in a
work-related, training or education related environment of the
person complained of.
bb. Â SHOW-CAUSE ORDER refers to the written document
requiring a person to explain, or justify before the disciplining
authority or its duly authorized representative within a given
period why no disciplinary action shall be taken against him/her.
RULE 2
Jurisdiction and Venue of Actions
SECTION 5. Â Jurisdiction of the Civil Service Commission. — The
Civil Service Commission shall hear and decide administrative cases or
matters instituted by or brought before it, directly or on appeal, including
contested appointments, and review decisions and actions of its offices and
other government agencies.
SECTION 6. Â Referral of Case or Matter to the Proper Office. —
When an administrative case or matter is filed before the Commission or any
of the CSC ROs, but jurisdiction over such case or matter properly belongs to
any other CSC RO or to the Commission, the same shall be forwarded by the
office concerned to the appropriate CSC RO having jurisdiction over the case
or matter or to the Commission as the case may be. The Commission or the
CSC RO may also refer a case or matter to other agencies as it may deem
necessary.
SECTION 7. Â Cases Cognizable by the Commission. — The Civil
Service Commission shall take cognizance of the following cases:
A. Â Disciplinary
1. Â Decisions of CSC ROs brought before it on petition for
review;
2. Â Complaints brought against CSC officials and employees
both in the Central Office (CO) and CSC ROs.
For this purpose, CSC ROs shall conduct the investigation
and submit report and recommendation to the Commission
in cases involving their own appointed officials and
employees. Complaints against CO officials and employees
shall be brought before the Commission through the Office
for Legal Affairs (OLA) unless the Commission directs
otherwise.
3. Â Complaints against officials who are not presidential
appointees or elective officials;
4. Â Decisions of disciplining authorities imposing penalties
exceeding thirty (30) days suspension or fine in an amount
exceeding thirty (30) days salary brought before it on
appeal;
5. Â Decisions of disciplining authorities imposing penalties not
exceeding thirty (30) days suspension or fine equivalent to
30 days salary but violating due process;
6. Â Requests for transfer of venue of hearing on cases being
heard by CSC ROs;
7. Â Appeals or petitions for review from orders of preventive
suspension; and
8. Â Such other actions or requests involving issues arising out
of or in connection with the foregoing enumeration.
B. Â Non-Disciplinary
1. Â Decisions of department secretaries and bureau heads on
 human resource actions;
2. Â Decisions of CSC ROs;
3. Â Requests for favorable recommendation on petition for
the removal of administrative penalties or disabilities;
4. Â Requests for extension of service excluding presidential
appointees;
5. Â Appeals from reassignment of public health workers and
public social workers;
6. Â Such other analogous actions or petitions arising out of or
in relation with the foregoing enumerations.
SECTION 8. Â Cases Cognizable by Regional Offices. — Except as
otherwise directed by the Commission, the CSC ROs shall take cognizance of
the following cases:
A. Â Disciplinary
1. Â Cases initiated by, or brought before, the CSC ROs
provided that the alleged acts or omissions were committed
within the jurisdiction of the CSC RO, including fraudulent
acquisition of civil service eligibility (violation of Republic
Act No. 9416) 2 and its related offenses.
2. Â Petitions to place respondent under preventive suspension
in connection with cases pending before the CSC RO
concerned.
B. Â Non-Disciplinary
1. Â Disapproval/Recall of Approval/Invalidation of
appointments brought before it on appeal;
2. Â Decisions of appointing authorities within their
geographical boundaries relative to protests and other
human resource actions as well as other non-disciplinary
actions brought before them on appeal; and
3. Â Requests for corrections of personal information in the
records of the Commission. aDSIHc

SECTION 9. Â Jurisdiction of Disciplining Authorities. — The

disciplining authorities of agencies and local government units shall have
original concurrent jurisdiction with the Commission over their respective
officials and employees. Their decisions shall be final in case the penalty
imposed is suspension for not more than thirty (30) days or fine in an
amount not exceeding thirty (30) days salary subject to Section 7 (A) (5) of
these Rules. In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially appealed to the
department and finally to the Commission and pending appeal, the same
shall be executory except when the penalty is dismissal from the service, in
which case the same shall be executory only after confirmation by the
Secretary concerned.
 Disciplinary Cases
RULE 3
Complaint
SECTION 10. Â Who May Initiate. — Administrative proceedings may
be initiated by the disciplining authority motu proprio or upon complaint of
any other person.
SECTION 11. Â Requisites of a Valid Complaint. — No complaint
against an official or employee shall be given due course unless the same is
in writing, subscribed and sworn to by the complainant. In cases initiated by
the proper disciplining authority or an authorized representative, a show
cause order is sufficient.
The complaint shall be written in a clear, simple and concise language
and in a systematic manner as to apprise the person complained of, of the
nature and cause of the accusation and to enable the person complained of
to intelligently prepare a defense or answer/comment. Should there be more
than one person complained of, the complainant is required to submit
additional copies corresponding to the number of persons complained of.
The complaint shall contain the following:
a. Â full name and address of the complainant;
b. Â full name and address of the person complained of as well as
his/her position and office;
c. Â a narration of the relevant and material facts which shows the
acts or omissions allegedly committed;
d. Â certified true copies of documentary evidence and affidavits of
his/her witnesses, if any; and
e. Â certification or statement of non-forum shopping.
The absence of any of the aforementioned requirements may cause
the dismissal of the complaint without prejudice to its refiling upon
compliance with the same.
SECTION 12. Â Anonymous Complaint. — No anonymous complaint
shall be entertained unless the act complained of is of public knowledge or
the allegations can be verified or supported by documentary or direct
evidence.
SECTION 13. Â When and Where to File a Complaint. Except when
otherwise provided for by law, an administrative complaint may be filed
anytime with the Commission or any of its regional offices, heads of
departments, agencies, national government, local government units, state
universities and colleges (SUCs) or local universities and colleges (LUCs), and
government-owned or controlled corporations with original charters except
as may be provided by law.
SECTION 14. Â Complaints in Sexual Harassment Cases. — In sexual
harassment cases, the complaint shall be filed with the Committee on
Decorum and Investigation (CODI) which shall be created in all national or
local agencies of the government, state/local colleges and universities,
including government-owned or controlled corporations with original
charters.
In a work-related environment, a CODI shall be composed of at least
one (1) representative each from the management, the accredited union, if
any, the second level employees, and the first level employees, duly
selected by the unit concerned.
In an educational or training institution, the Committee shall be
composed of at least one (1) representative from the administration,
teaching and non-teaching staff and students or trainees, as the case may
be, duly selected by the level concerned.
When the complainant or the person complained of is a member of the
Committee, he/she shall be disqualified from being a member thereof or the
complaint may be filed directly with the Civil Service Commission.
The agency may formulate its own rules governing the term of office of
its members which should not be more than two years, and other matters
pertaining to the functions of the Committee not otherwise provided in these
Rules.
The head of office who fails to create a CODI shall be charged with
Neglect of Duty.
SECTION 15. Â Jurisdiction of the CSC over Sexual Harassment
Cases. — In case a complaint for sexual harassment is filed with the
Commission, the same shall be remanded to the agency where the alleged
offender is employed. However, the Commission may take cognizance of the
case under any of the following circumstances:
a. Â the agency has no CODI;
b. Â the disciplining authority is the subject of the complaint;
c. Â the subject of the complaint is a CODI member; or
d. Â there is unreasonable delay in complying with the periods
provided in these Rules for the investigation and adjudication of a
sexual harassment complaint.
For this purpose, there is unreasonable delay when any of the periods
set in these Rules lapsed for a period of more than thirty (30) days without
justifiable reason.
SECTION 16. Â Withdrawal of the Complaint. — The withdrawal of
the complaint does not result in its outright dismissal or discharge of the
person complained of from any administrative liability. ETHIDa

SECTION 17. Â Action on the Complaint. — Upon receipt of a

complaint which is sufficient in form and substance, the disciplining authority
shall conduct a preliminary investigation to determine the existence of a
prima facie case. The disciplining authority may create an investigating
committee or designate an investigator for such purpose.
 In sexual harassment cases, the CODI shall perform the following
functions:
1. Â Receive complaints of sexual harassment;
2. Â Investigate sexual harassment complaints including preliminary
investigation in accordance with the prescribed procedure;
3. Â Submit a report of its findings with the corresponding
recommendation to the disciplining authority for decision; and
4. Â Lead in the conduct of discussions about sexual harassment
within the agency or institution to increase understanding and
prevent incidents of sexual harassment;
Localized CODI established in the regional or field offices, as the case
may be, of the agency or institution shall have the same functions as stated
above and shall submit the report of investigation with its recommendation
directly to the disciplining authority.
The agency shall adopt mechanisms to provide assistance to the
alleged victim of sexual harassment which may include counselling, referral
to an agency offering professional help, and advice on options available
before the filing of the complaint.
RULE 4
Preliminary Investigation
SECTION 18. Â Preliminary Investigation; Definition. — A Preliminary
Investigation is a mandatory proceeding undertaken to determine whether a
prima facie case exists to warrant the issuance of a formal charge/notice of
charge.
SECTION 19. Â How conducted. — Preliminary investigation may be
conducted in any of the following manner: a) requiring the submission of
counter affidavit or comment and/or other documents from the person
complained of within five (5) days from receipt of the complaint which is
sufficient in form and substance; b) ex-parte evaluation of the records; or c)
clarificatory meeting with the parties to discuss the merits of the case.
When the complaint is initiated by the disciplining authority, it or its
authorized representative shall issue a show-cause order directing the
person complained of to explain within the same period why no
administrative case should be filed against the said person. The failure to
submit a comment/counter-affidavit/explanation shall be considered a
waiver thereof and the preliminary investigation may be completed even
without the counter-affidavit/comment/explanation.
The right to counsel may be exercised even during the preliminary
investigation.
For cases filed before the Commission or any of its Regional Offices,
the preliminary investigation may be entrusted to lawyers of other agencies
pursuant to Section 113 of these Rules.
SECTION 20. Â Duration of the Preliminary Investigation. — A
preliminary investigation shall commence within a non-extendible period of
five (5) days upon receipt of the complaint by the disciplining authority and
shall be terminated within twenty (20) days thereafter. However, the
disciplining authority may extend such periods in meritorious cases.
SECTION 21. Â Investigation Report. — Within five (5) days from the
termination of the preliminary investigation, the investigating officer/body
shall submit the Investigation Report with recommendation and the
complete records of the case to the disciplining authority.
The Investigation Report shall be treated with confidentiality.
SECTION 22. Â Decision or Resolution after Preliminary Investigation.
— If a prima facie case is established after preliminary investigation, the
disciplining authority may issue either a formal charge or a notice of charge
pursuant to Rule 5 of these Rules.
In the absence of a prima facie case, the complaint shall be dismissed.
RULE 5
Formal Charge/Notice of Charge
SECTION 23. Â Issuance of Formal Charge; Contents. — After a
finding of a prima facie case, the disciplining authority shall formally charge
the person complained of, who shall now be called as respondent. The
formal charge shall contain a specification of charge, a brief statement of
material or relevant facts, which may be accompanied by certified true
copies of the documentary evidence, sworn statements covering the
testimony of witnesses, a directive to answer the charge in writing, under
oath in not less than three (3) days but not more than ten (10) days from
receipt thereof, an advice for the respondent to indicate in the answer
whether or not a formal investigation is demanded, and a notice that
respondent may opt to be assisted by a counsel.
SECTION 24. Â Notice of Charge. — In instances where the complaint
was initiated by a person other than the disciplining authority, the
disciplining authority may issue a written notice of the charge against the
person complained of who will now be called respondent, to which shall be
attached copies of the complaint, sworn statement and other documents
submitted. The notice shall contain the charge against the respondent with a
statement that a prima facie case exists. It shall also include a directive to
answer the charge in writing, under oath in not less than three (3) days but
not more than ten (10) days from receipt thereof, and a notice that he/she
may opt to be assisted by a counsel of his/her choice and may elect to have
a formal investigation.
If the respondent receives a notice of charge with incomplete
attachments, the respondent may request for the lacking documents within
10 days from receipt of the formal/notice of charge and the period to answer
will not run until the same is received by the respondent. cSEDTC

SECTION 25. Â Prohibited Pleadings. — The disciplining authority

shall not entertain requests for clarification, bills of particulars, motions to
dismiss, motions to quash, motions for reconsideration and motion for
extension of time to file answer. The same shall be noted without action and
attached to the records of the case.
RULE 6
Answer
SECTION 26. Â Requisites and Contents. — The answer, which is in
writing and under oath, shall be specific and shall contain material facts and
applicable laws, if any, including original or certified copies of documentary
evidence, sworn statements covering testimonies of witnesses, if there be
any, in support of one's case.
When the disciplining authority determines that the answer is
satisfactory, the case shall be dismissed. Otherwise, the investigation shall
proceed.
SECTION 27. Â Failure to File an Answer . — If respondent fails or
refuses to file an answer to the formal charge or notice of charge within the
given period, he/she shall be considered to have waived his/her right to
submit the same and the case shall be decided based on available records.
RULE 7
Preventive Suspension
SECTION 28. Â Preventive Suspension; Nature. — Preventive
suspension is not a penalty. It is designed merely as a measure of
precaution so that the respondent may be removed from the scene of the
alleged misfeasance/malfeasance/nonfeasance while the case is being
investigated.
SECTION 29. Â When Issued; Grounds. — The proper disciplining
authority, upon motion or motu proprio, may issue an order of preventive
suspension against the respondent upon issuance of the formal charge or
notice of charge, or immediately thereafter, if:
A) Â The charge involves:
1. Â Dishonesty;
2. Â Oppression;
3. Â Grave Misconduct;
4. Â Neglect in the Performance of Duty;
5. Â Other offenses punishable by dismissal from the service;
or
6. Â An administrative offense committed on its second or third
instance and the penalty is dismissal from the service; and
B) Â The respondent is in a position to exert undue influence or
pressure on the witnesses and/or tamper with evidence.
In order for a preventive suspension order to be valid, any of the
conditions in Items A and B must be present.
 SECTION 30. Â Alternative to Preventive Suspension. — The proper
disciplining authority may reassign respondent to another unit of the agency
subject to the same periods as provided in the immediately succeeding
section.
SECTION 31. Â Duration of Preventive Suspension. — Unless
otherwise provided for by law, the disciplining authority may place the
respondent under preventive suspension for a maximum period of ninety
(90) days in the case of national agencies including government-owned or
controlled corporations with original charters, state universities and colleges
(SUCs) or sixty (60) days in the case of local government units including local
universities and colleges (LUCs). When the administrative case against
respondent under preventive suspension is not finally decided by the
disciplining authority within the period of preventive suspension, the
respondent shall be automatically reinstated in the service unless the delay
in the disposition of the case is due to the fault, negligence or petition of the
respondent, in which case, the period of delay shall not be included in the
counting of the period of preventive suspension. Any period of delay caused
by motions filed by the respondent shall be added to the period of
preventive suspension. Provided, that where the order of preventive
suspension is for a period less than the maximum period, the disciplining
authority undertakes to finish the formal investigation within the said period
and is precluded from imposing another preventive suspension. Provided,
further, that should the respondent be on authorized leave, said preventive
suspension shall be deferred or interrupted until such time that said leave
has been fully exhausted.
Provided finally that if the respondent is placed under preventive
suspension in another case, the duration of the second preventive
suspension shall simultaneously run with the first preventive suspension
without prejudice to the service of the remaining period of the second
preventive suspension.
SECTION 32. Â Remedies from the Order of Preventive Suspension.
— The respondent may file an appeal to the Commission within fifteen (15)
days from receipt of the preventive suspension order. Pending appeal, the
order shall be executory. A motion for reconsideration from the order of
preventive suspension shall not be allowed. In case such motion is filed, the
same shall be noted without action and attached to the records of the case
and shall not stay the execution of the said order nor shall have the effect of
stopping the running of the reglementary period to appeal.
If the preventive suspension is imposed by the Civil Service
Commission, the same is executory unless a Temporary Restraining Order is
issued by the Court of Appeals or the Supreme Court.
SECTION 33. Â Payment of Back Wages during Preventive
Suspension. — The payment of back wages during the period of suspension
shall be governed by the following:
a. Â A declaration by the Commission that an order of preventive
suspension is void on its face entitles the respondent to
 immediate reinstatement and payment of back wages
corresponding to the period of the illegal preventive suspension
without awaiting the outcome of the main case. SDAaTC

The phrase "void on its face" in relation to a preventive

suspension order, imports any of the following circumstances:
i. Â The order was issued by one who is not authorized by law;
ii. Â The order was not premised on any of the conditions
under Section 29;
iii. Â The order of preventive suspension was issued without a
formal charge or notice of charge or with defective formal
charge/notice of charge; or
iv. Â While the order is lawful in the sense that it is based on
the enumerated grounds, but the duration of the imposed
preventive suspension has exceeded the prescribed
periods, the payment of back wages shall correspond to the
excess period only.
b. Â A declaration of invalidity of a preventive suspension order not
based on any of the reasons enumerated in the immediately
preceding Section 33 (a), shall result in the reinstatement of the
respondent. The payment of back wages shall, however, await
the final outcome of the principal case. If the decision rendered in
the principal case is for exoneration or when the penalty imposed
is reprimand, the respondent shall be paid back wages.
Otherwise, no back wages shall be paid.
The term "exoneration" contemplates a finding of not guilty for the
offense/s charged. Downgrading of the charge to a lesser offense shall not
be construed as "exoneration" within the contemplation of these Rules.
Even if the respondents be eventually found innocent of the charge
against them, the same shall not give rise to payment of back wages
corresponding to the period of preventive suspension in the absence of any
finding of its illegality.
RULE 8
Formal Investigation
SECTION 34. Â Conduct of Formal Investigation; When Held. — A
formal investigation shall be conducted where the merits of the case cannot
be decided judiciously without conducting such investigation or when the
respondent elects to have one, in which case, the investigation shall be held
not earlier than five (5) days nor later than ten (10) days from receipt of the
respondent's answer or upon the expiration of the period to answer. Said
investigation shall be finished within thirty (30) days from the issuance of the
Formal Charge/Notice of Charge unless the period is extended by the
disciplining authority or its authorized representative, or heads of agencies,
or the Commission in meritorious cases.
For this purpose, the Commission may entrust the formal investigation
to lawyers of other agencies pursuant to Section 113 of these Rules.
SECTION 35. Â Submission of Position Paper/Memorandum . — At any
stage of the proceedings, the parties may, based on their mutual consent,
submit position paper/memorandum and consider the case submitted for
decision without any need for further hearings.
SECTION 36. Â Pre-Hearing Conference. — At the commencement of
the formal investigation, the hearing officer shall conduct a pre-hearing
conference for the parties to appear, consider and agree on any of the
following:
a. Â Stipulation of facts;
b. Â Simplification of issues;
c. Â Identification and marking of evidence of the parties;
d. Â Waiver of objections to admissibility of evidence;
e. Â Limiting the number of witnesses, and their names;
f. Â Dates of subsequent hearings; and
g. Â Such other matters as may aid in the prompt and just resolution
of the case.
The agreement entered into during the pre-hearing conference shall be
embodied in a pre-hearing order and is binding on both parties unless in the
interest of justice, the hearing officer may allow a deviation from the same.
The parties may file their respective pre-hearing briefs, copy furnished the
adverse party, before the date of the pre-hearing conference.
The conduct of pre-hearing conference is mandatory. The failure of any
party to attend the pre-hearing conference may cause the submission of the
case for decision based on available records upon appropriate motion of the
present party.
The designated prosecutor or the hearing officer who fails to appear,
without justifiable reason, at the pre-hearing conference may be liable for
Neglect of Duty.
SECTION 37. Â Continuous Hearing Until Terminated; Postponement .
— Hearings shall be conducted on the hearing dates set by the hearing
officer or as agreed upon during the pre-hearing conference.
Each party may be granted one (1) postponement upon oral or written
request.
If respondents fail or refuse to appear or not represented by counsel
during a particular hearing despite due notice, the investigation shall
proceed and the respondents shall be deemed to have waived the right to
present evidence.
SECTION 38. Â Preliminary Matters. — At the start of the hearing,
the hearing officer shall note the appearances of the parties.
If, after being apprised of the right to counsel, respondents appear
without the aid of a counsel, they shall be deemed to have waived the right
thereto.
Before taking the testimony, the hearing officer shall place the witness
under oath and then take the name, address, civil status, age, and complete
name and address of employment.
A sworn statement of the witness properly identified and affirmed shall
constitute direct testimony, copy furnished the other party.
The use of Judicial Affidavit may also be adopted in place of the direct
testimonies of witnesses. The adoption of the Judicial Affidavit Rule is without
prejudice to clarificatory questions that may be asked during the hearing.
SECTION 39. Â Appearance of Counsel. — Any counsel who is a
member of the Integrated Bar of the Philippines (IBP) appearing before any
hearing or investigation shall manifest orally or in writing, his/her
appearance, stating his/her full name and complete address, which should
not be a P.O. box address, where he/she can be served with notices and
other pleadings, Professional Tax Receipt (PTR) number, attorney's roll
number, Mandatory Continuing Legal Education (MCLE) compliance
certificate and IBP dues receipt number. A lawyer/counsel who works for the
government is required to present an Authority to Practice Profession from
his/her agency head or the agency head's authorized representative. acEHCD

A private prosecutor may be allowed to appear provided that the public

prosecutor shall have direct control and supervision over the private
prosecutor at all times.
SECTION 40. Â Order of Hearing. — Unless the hearing officer directs
otherwise, the order of hearing may be as follows:
a. Â The prosecution shall present its evidence;
b. Â The respondent shall present evidence in support of his/her
defense;
c. Â There may be rebuttal or sur-rebuttal.
When the presentation of the witnesses has been concluded, the
parties shall formally offer their evidence either orally or in writing and
thereafter objections thereto may also be made either orally or in writing.
After which, both parties may be given time to submit their respective
memorandum which in no case shall be beyond five (5) days after the
termination of the investigation. Failure to submit the same within the given
period shall be considered a waiver thereof.
SECTION 41. Â Objections. — All objections raised during the hearing
shall be resolved by the hearing officer. However, objections that cannot be
ruled upon by the hearing officer shall be noted with the information that the
same shall be included in the memorandum of the concerned party to be
ruled upon by the proper disciplining authority.
The hearing officer shall admit all evidence formally offered subject to
the objection/s interposed against its admission.
SECTION 42. Â Markings. — All documentary evidence or exhibits
shall be properly marked by letters (A, B, C, etc.) if presented by the
prosecution and by numbers (1, 2, 3, etc.) if presented by the respondent.
These shall form part of the complete records.
SECTION 43. Â Issuance of Subpoena. — The hearing officer may
issue subpoena ad testificandum to compel the attendance of witnesses and
subpoena duces tecum for the production of documents or things.
If a party desires the attendance of a witness and/or the production of
documents, he/she shall make a request for the issuance of the necessary
subpoena ad testificandum and/or subpoena duces tecum, at least seven (7)
days before the scheduled hearing.
SECTION 44. Â Record of Proceedings. — Records of the proceedings
during the formal investigation may be taken in shorthand or stenotype or
any other means of recording.
SECTION 45. Â Filing of Pleadings. — All pleadings filed by the
parties shall be copy furnished the other party with proof of service. Failure
in this regard shall justify non-receipt or non-action on the pleading. Any
pleadings sent by registered mail or private courier service shall be deemed
filed on the date stamped on the envelope or courier pack which shall be
attached to the records of the case, and in case of personal delivery, the
date stamped thereon.
SECTION 46. Â Effects of the Pendency of an Administrative or
Criminal Case. — Except as otherwise provided by law, pendency of an
administrative or criminal case shall not disqualify respondent from
promotion and other human resource actions or from claiming
maternity/paternity benefits.
For this purpose, a pending administrative case shall be construed as
such when the disciplining authority has issued a formal charge or a notice
of charge to the respondent.
The release of the retirement benefits of a person with pending case
shall be governed by Republic Act No. 10154 otherwise known as "An Act
Requiring All Concerned Government Agencies to Ensure the Early Release
of the Retirement Pay, Pensions, Gratuities and Other Benefits of Retiring
Government Employees" and its implementing rules. 3
SECTION 47. Â Formal Investigation Report . — Within fifteen (15)
days after the conclusion of the formal investigation, a report containing a
narration of the material facts established during the investigation, the
findings and the evidence supporting said findings, as well as the
recommendations, shall be submitted by the hearing officer to the
disciplining authority. The complete records of the case shall be attached to
the report of investigation which shall be treated with confidentiality.
The complete records with Table of Contents shall be systematically
and chronologically arranged, paged and securely bound to prevent loss.
RULE 9
Decision
 SECTION 48. Â When Case is Decided. — The disciplining authority
shall decide the case within thirty (30) days from receipt of the Formal
Investigation Report.
SECTION 49. Â Finality of Decisions. — A decision rendered by the
disciplining authority or CSC ROs whereby a penalty of reprimand, or
suspension for not more than thirty (30) days or a fine in an amount not
exceeding thirty (30) days' salary is imposed, shall not be appealable. It shall
be final and executory unless a motion for reconsideration is seasonably
filed. However, the respondent may file an appeal or petition for review
when the issue raised is violation of due process.
If the penalty imposed is suspension exceeding thirty (30) days, or fine
in an amount exceeding thirty (30) days' salary, the decision shall be final
and executory after the lapse of the reglementary period for filing a motion
for reconsideration or an appeal and no such pleading has been filed.
RULE 10
Administrative Offenses and Penalties
SECTION 50. Â Classification of Offenses. — Administrative offenses
with corresponding penalties are classified into grave, less grave and light,
depending on their gravity or depravity and effects on the government
service.
A. Â The following grave offenses shall be punishable by dismissal
from the service:
1. Â Serious Dishonesty;
2. Â Gross Neglect of Duty;
3. Â Grave Misconduct; SDHTEC

4. Â Being Notoriously Undesirable;

5. Â Conviction of a Crime Involving Moral Turpitude;
6. Â Falsification of Official Document;
7. Â Physical or mental disorder or disability due to immoral or
vicious habits;
8. Â Receiving for personal use of a fee, gift or other valuable
thing in the course of official duties or in connection
therewith when such fee, gift or other valuable thing is
given by any person in the hope or expectation of receiving
a favor or better treatment than that accorded to other
persons, or committing acts punishable under the anti-graft
laws;
9. Â Contracting loans of money or other property from
persons with whom the office of the employee has business
relations;
10. Â Soliciting or accepting directly or indirectly, any gift,
gratuity, favor, entertainment, loan or anything of monetary
 value in the course of one's official duties or in connection
with any operation being regulated by, or any transaction
which may be affected by the functions of one's office. The
propriety or impropriety of the foregoing shall be
determined by its value, kinship, or relationship between
giver and receiver and the motivation. A thing of monetary
value is one which is evidently or manifestly excessive by
its very nature;
11. Â Nepotism; and
12. Â Disloyalty to the Republic of the Philippines and to the
Filipino people.
B. Â The following grave offenses shall be punishable by suspension
of six (6) months and one (1) day to one (1) year for the first
offense and dismissal from the service for the second offense:
1. Â Less Serious Dishonesty;
2. Â Oppression;
3. Â Disgraceful and Immoral Conduct;
4. Â Inefficiency and Incompetence in the Performance of
Official Duties;
5. Â Frequent Unauthorized Absences (Habitual Absenteeism);
6. Â Habitual tardiness in reporting for duty causing prejudice
to the operations of the office;
7. Â Loafing from Duty During Regular Office Hours;
8. Â Refusal to Perform Official Duty;
9. Â Gross Insubordination;
10. Â Conduct Prejudicial to the Best Interest of the Service;
11. Â Directly or indirectly having financial and material
interest in any transaction requiring the approval of one's
office. Financial and material interest is defined as
pecuniary or proprietary interest by which a person will gain
or lose something;
12. Â Owning, controlling, managing or accepting employment
as officer, employee, consultant, counsel, broker, agent,
trustee, or nominee in any private enterprise regulated,
supervised or licensed by one's office, unless expressly
allowed by law;
13. Â Disclosing or misusing confidential or classified
information officially known by reason of one's office and
not made available to the public, to further one's private
interests or give undue advantage to anyone, or to
prejudice the public interest;
14. Â Obtaining or using any statement filed under the Code of
 Conduct and Ethical Standards for Public Officials and
Employees for any purpose contrary to morals or public
policy or any commercial purpose other than by news and
communications media for dissemination to the general
public; and
15. Â Recommending any person to any position in a private
enterprise which has a regular or pending official
transaction with one's office, unless such recommendation
or referral is mandated by (1) law, or (2) international
agreements, commitment and obligation, or (3) as part of
the function of one's office.
C. Â The grave offense of Inefficiency and Incompetence in the
performance of official duties may be punishable by Demotion. In
this case, the guilty person shall suffer diminution in salary
corresponding to the next lower salary grade with the same
salary step.
D. Â The following 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 from the service for the second offense:
1. Â Simple Neglect of Duty;
2. Â Simple Misconduct;
3. Â Discourtesy in the Course of Official Duties;
4. Â Violation of existing Civil Service Law and rules of serious
nature;
5. Â Insubordination;
6. Â Habitual Drunkenness;
7. Â Unfair discrimination in rendering public service due to
party affiliation or preference;
8. Â Failure to file sworn statements of assets, liabilities and
net worth, and disclosure of business interest and financial
connections including those of one's spouse and unmarried
children under eighteen (18) years of age living in one's
household;
9. Â Failure to resign from one's position in the private
business enterprise within thirty (30) days from assumption
of public office when conflict of interest arises, and/or failure
to divest oneself of one's shareholdings or interest in
private business enterprise within sixty (60) days from
assumption of public office when conflict of interest arises;
Provided, however, that for those who are already in the
service and conflict of interest arises, the official or
employee must either resign or divest himself/herself of
said interest within the periods hereinabove provided,
reckoned from the date when the conflict of interest had
 arisen; and AScHCD

10. Â Engaging directly or indirectly in partisan political

activities by one holding non-political office.
E. Â The less grave offense of Simple Dishonesty is 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.
F. Â The following light offenses are punishable by reprimand for the
first offense; suspension of one (1) to thirty (30) days for the
second offense; and dismissal from the service for the third
offense:
1. Â Simple Discourtesy in the Course of Official Duties;
2. Â Improper or unauthorized solicitation of contributions from
subordinate employees and in the case of teachers or
school officials from school children;
3. Â Violation of Reasonable Office Rules and Regulations;
4. Â Habitual Tardiness;
5. Â Gambling Prohibited by Law;
6. Â Refusal to Render Overtime Service;
7. Â Disgraceful, Immoral or Dishonest Conduct Prior to
Entering the service;
8. Â Borrowing Money by Superior Officers from Subordinates;
9. Â Willful failure to pay just debts or willful failure to pay
taxes due to the government;
The term "just debts" shall apply only to:
a. Â Claims adjudicated by a court of law, or
b. Â Claims the existence and justness of which are
admitted by the debtor.
10. Â Lobbying for personal interest or gain in legislative halls
and offices without authority;
11. Â Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases, if there is no
prior authority;
12. Â Failure to act promptly on letters and request within
fifteen (15) working days from receipt, except as otherwise
provided in the rules implementing the Code of Conduct and
Ethical Standards for Public Officials and Employees;
13. Â Failure to process documents and complete action on
documents and papers within a reasonable time from
preparation thereof, except as otherwise provided in the
 rules implementing the Code of Conduct and Ethical
Standards for Public Officials and Employees;
14. Â Failure to attend to anyone who wants to avail
himself/herself of the services of the office, or act promptly
and expeditiously on public transactions;
15. Â Engaging in private practice of one's profession unless
authorized by the Constitution, law or regulation or the
head of the office where the employee or official is
assigned, and provided that such practice will not conflict
with one's official functions.
16. Â Pursuit of private business, vocation or profession
without the permission required by Civil Service rules and
regulations.
SECTION 51. Â Other Specific Offenses. — The following acts also
constitute administrative offenses.
A. Â The Offense of Sexual Harassment.
I. Â Grave Offenses punishable by dismissal from the service
shall include, but are not limited to:
a. Â unwanted touching of private parts of the body
(inner thighs, genitalia, buttocks and breast);
b. Â sexual assault;
c. Â malicious touching;
d. Â requesting for sexual favor in exchange for
employment, promotion, local or foreign travels,
favorable working conditions or assignments, a
passing grade, the granting of honors or
scholarship, or the grant of benefits or payment of
a stipend or allowance; and
e. Â other analogous cases.
II. Â Less Grave Offenses shall include, but are not limited to:
a. Â unwanted touching or brushing against a
victim's body;
b. Â pinching not falling under grave offenses;
c. Â derogatory or degrading remarks or innuendoes
directed toward the members of one sex, or one's
sexual orientation or used to describe a person;
d. Â verbal abuse with sexual overtones; and
e. Â other analogous cases.
III. Â Light Offenses shall include, but are not limited to:
a. Â surreptitiously looking at a person's private part
or worn undergarments;
 b. Â making sexist statements and uttering smutty
jokes or sending these through text, electronic
mail including but not limited to social media
platform, causing embarrassment or offense and
carried out after the offender has been advised
that they are offensive or embarrassing or, even
without such advise, when they are by their
nature clearly embarrassing, offensive or vulgar;
AcICHD

c. Â malicious leering or ogling;

d. Â display of sexually offensive pictures, materials
or graffiti;
e. Â unwelcome inquiries or comments about a
person's sex life;
f. Â unwelcome sexual flirtation, advances,
propositions;
g. Â making offensive hand or body gestures at an
employee;
h. Â persistent unwanted attention with sexual
overtones;
i. Â unwelcome phone calls with sexual overtones
causing discomfort, embarrassment, offense or
insult to the receiver; and
j. Â other analogous cases.
IV. Â For the purpose of these Rules, the administrative offense
of sexual harassment is further described in the following
circumstances:
a. Â Work-related sexual harassment is committed
under the following circumstances:
1. Â submission to or rejection of the act or
series of acts is used as a basis for any
employment decision (including, but not
limited to, matters related to hiring,
promotion, raise in salary, job security,
benefits and any other human resource
action) affecting the applicant/employee; or
2. Â the act or series of acts have the purpose
or effect of interfering with the
complainant's work performance, or
creating an intimidating, hostile or offensive
work environment; or
3. Â the act or series of acts might reasonably
be expected to cause discrimination,
 insecurity, discomfort, offense or humiliation
to a complainant who may be a co-
employee, applicant, customer, or word of
the person complained of.
b. Â Education or training-related sexual harassment
is committed against one who is under the actual
or constructive care, custody or supervision of the
offender, or against one whose education,
training, apprenticeship, internship or tutorship is
directly or constructively entrusted to, or is
provided by, the offender, when:
1. Â submission to or rejection of the act or
series of acts as a basis for any decision
affecting the complainant, including, but not
limited to, the giving of a grade, the
granting of honors or a scholarship, the
payment of a stipend or allowance, or the
giving of any benefit, privilege or
consideration; or
2. Â the act or series of acts have the purpose
or effect of interfering with the performance,
or creating an intimidating, hostile or
offensive academic environment of the
complainant; or
3. Â the act or series of acts might reasonably
be expected to cause discrimination,
insecurity, discomfort, offense or humiliation
to a complainant who may be a trainee,
apprentice, intern, tutee or ward of the
person complained of.
c. Â The offense may also take place in the following
instances:
1. Â in the premises of the workplace or office
or of the school or training institution;
2. Â in any place where the parties were found
as a result of work or education or training
responsibilities or relations;
3. Â at work or education or training-related
social functions;
4. Â while on official business outside the office
or school or training institution or during
work or school or training-related travel;
5. Â at official conferences, fora, symposia or
training sessions; or
 6. Â by telephone, cellular phone, fax machine
or electronic mail.
V. Â Persons Liable for Sexual Harassment. Any
government official or employee, regardless of sex, is liable
for sexual harassment when he/she:
a. Â directly participates in the execution of any act
of sexual harassment as defined by these Rules;
b. Â induces or directs another or others to commit
sexual harassment as defined by these Rules;
c. Â cooperates in the commission of sexual
harassment by another through an act without
which the sexual harassment would not have
been accomplished; TAIaHE

d. Â cooperates in the commission of sexual

harassment by another through previous or
simultaneous acts.
B. Â Violations of Republic Act No. 9485 or Anti-Red Tape Act
of 2007.
I. Â Grave Offense:
Fixing and/or collusion with fixers in consideration of
economic and/or other gain or advantage shall be penalized
by Dismissal and perpetual disqualification from public
service.
II. Â Light Offenses:
a. Â Refusal to accept application and/or request
within the prescribed period or any document
being submitted by a client;
b. Â Failure to act on an application and/or request or
failure to refer back to the client a request which
cannot be acted upon due to lack of requirements
within the prescribed period;
c. Â Failure to attend to clients who are within the
premises of the office or agency concerned prior
to the end of official working hours and during
lunch break;
d. Â Failure to render frontline services within the
prescribed period on any application and/or
request without due cause;
e. Â Failure to give the client a written notice on the
disapproval of an application or request; and
f. Â Imposition of additional irrelevant requirements
other than those listed in the first notice.
 g. Â The foregoing light offenses shall be penalized
as follows:
First Offense — Thirty (30) days suspension
without pay and mandatory attendance in Values
Orientation Program;
Second Offense — Three months suspension
without pay;
Third Offense — Dismissal and perpetual
disqualification from public service
SECTION 52. Â Penalty of Fine. — The following are the guidelines for
the penalty of fine:
1. Â The disciplining authority may allow payment of fine in place of
suspension if any of the following circumstances is present:
a. Â When the functions/nature of the office is impressed with
national interest such as those involved in maintenance of
peace and order, health and safety, and education;
b. Â When the respondent is actually discharging frontline
functions or those directly dealing with the public and the
human resource complement of the office is insufficient to
perform such function;
c. Â When the respondent committed the offense without
utilizing or abusing the powers of his/her position or office;
or
d. Â When the respondent has already retired or otherwise
separated from government service and the penalty of
suspension could not be served anymore, the fine may be
sourced from the accumulated leave credits or whatever
benefits due the respondent.
2. Â The payment of penalty of fine in lieu of suspension shall be
available in Grave, Less Grave and Light Offenses where the
penalty imposed is for six (6) months or less at the ratio of one
(1) day of suspension from the service to one (1) day salary fine;
Provided, that in Grave Offenses where the penalty imposed is six
(6) months and one (1) day suspension in view of the presence of
mitigating circumstance, the conversion shall only apply to the
suspension of six (6) months. Nonetheless, the remaining one (1)
day suspension is deemed included therein.
3. Â The maximum period to pay the fine shall not exceed one (1)
year from the time the decision/resolution becomes final and
executory. The conversion of suspension into fine shall render the
decision final and executory and, therefore, not subject of appeal
or any other similar relief.
4. Â The failure of the respondent to pay the fine or part thereof
shall cause the reversion to the original penalty of suspension. As
 such, respondent shall serve the original penalty of suspension
imposed, irrespective of the amount already paid.
5. Â Fine may be paid in equal monthly installments subject to the
following schedule of payment prescribed below:
a. Â Fine equivalent to one (1) month salary shall be paid
within two (2) months;
b. Â Fine equivalent to two (2) months salary shall be paid
within four (4) months;
c. Â Fine equivalent to three (3) months salary shall be paid
within six (6) months;
d. Â Fine equivalent to four (4) months salary shall be paid
within eight (8) months;
e. Â Fine equivalent to five (5) months salary shall be paid
within ten (10) months; and
f. Â Fine equivalent to six (6) months salary shall be paid
within twelve (12) months. cDHAES

6. Â The fine shall be paid to the agency imposing the same,

computed on the basis of respondent's salary at the time the
decision becomes final and executory.
SECTION 53. Â Mitigating and Aggravating Circumstances. — Except
for offenses punishable by dismissal from the service, the following may be
appreciated as either mitigating or aggravating circumstances in the
determination of the penalties to be imposed:
a. Â Physical illness;
b. Â Malice;
c. Â Time and place of offense;
d. Â Taking undue advantage of official position;
e. Â Taking undue advantage of subordinate;
f. Â Undue disclosure of confidential information;
g. Â Use of government property in the commission of the offense;
h. Â Habituality;
i. Â Offense is committed during office hours and within the
premises of the office or building;
j. Â Employment of fraudulent means to commit or conceal the
offense;
k. Â First offense;
l. Â Education;
m. Â Length of service; or
n. Â Other analogous circumstances.
 In the appreciation thereof, the same must be invoked or pleaded by
the respondent, otherwise, said circumstances will not be considered in the
imposition of the proper penalty. The disciplining authority, however, in the
interest of substantial justice, may take and consider these circumstances
motu proprio.
SECTION 54. Â Manner of Imposition. — When applicable, the
imposition of the penalty shall be made in accordance with the manner
provided herein below:
a. Â T h e minimum of the penalty shall be imposed where only
mitigating and no aggravating circumstances are present.
b. Â T h e medium of the penalty shall be imposed where no
mitigating and aggravating circumstances are present.
c. Â T h e maximum of the penalty shall be imposed where only
aggravating and no mitigating circumstances are present.
Where aggravating and mitigating circumstances are present,
paragraph [a] shall be applied when there are more mitigating
circumstances present; paragraph [b] shall be applied when the
circumstances equally offset each other; and paragraph [c] shall be applied
when there are more aggravating circumstances.
The following divisible penalties shall have their medium range of
penalty, to wit:
a) Â Penalty of suspension ranging from one (1) month and one (1)
day to six (6) months shall have three (3) months as its medium
penalty: and
b) Â Penalty of suspension ranging from six (6) months and one (1)
day to one (1) year shall have 9 months as its medium penalty.
SECTION 55. Â Penalty for Multiple Offenses. — If the respondent is
found guilty of two (2) or more different offenses, the penalty to be imposed
should be that corresponding to the most serious offense and the rest shall
be considered as aggravating circumstances.
In case the respondent is found guilty of two or more counts of the
same offense, the penalty shall be imposed in the maximum regardless of
the presence of any mitigating circumstance.
SECTION 56. Â Duration and Effect of Administrative Penalties. —
The following rules shall govern the imposition of administrative penalties:
a. Â The penalty of dismissal shall result in the permanent
separation of the respondent from the service, without prejudice
to criminal or civil liability.
b. Â The penalty of demotion shall result in diminution of salary
corresponding to the next lower salary grade with the same
salary step.
c. Â The penalty of suspension shall result in the temporary
cessation of work for a period not exceeding one (1) year.
 Suspension of one day or more shall be considered a gap in the
continuity of service. During the period of suspension, respondent
shall not be entitled to all monetary benefits including leave
credits.
d. Â The penalty of fine shall be in an amount not exceeding six (6)
months salary of respondent. The computation thereof shall be
based on the salary rate of the respondent when the decision
becomes executory. Fines shall be paid within a period not
exceeding one (1) year reckoned also from the date when
decision becomes final and executory.
e. Â The penalty of reprimand is an official rebuke against a
person's behavior which does not carry any accessory penalty or
result in the temporary cessation of work. In the event the
penalty of reprimand was imposed on appeal as a result of
modification of the penalty of suspension or dismissal from
service, the respondent shall be entitled to the payment of back
wages and other benefits which would have accrued during the
period of the suspension or dismissal.
SECTION 57. Â Administrative Disabilities Inherent in Certain
Penalties. — The following rules shall govern in the imposition of accessory
penalties:
a. Â The penalty of dismissal shall carry with it cancellation of
eligibility, perpetual disqualification from holding public office,
bar from taking civil service examinations, and forfeiture of
retirement benefits.
Terminal leave benefits and personal contributions to
Government Service Insurance System (GSIS), Retirement and
Benefits Administration Service (RBAS) or other equivalent
retirement benefits system shall not be subject to forfeiture.ASEcHI

b. Â The penalty of demotion shall carry with it disqualification from

promotion for one (1) year.
c. Â The penalty of suspension shall carry with it disqualification
from promotion corresponding to the period of suspension.
d. Â The penalty of fine shall carry with it disqualification from
promotion for the same period the respondent is fined.
e. Â The penalty of reprimand shall not carry with it any accessory
penalties.
f. Â A warning or admonition shall not be considered a penalty.
SECTION 58. Â Effects of Exoneration on Certain Penalties. — The
following rules shall govern when the decision is for exoneration:
a. Â In case the penalty imposed is fine, the same shall be refunded.
b. Â In case of demotion, the respondent shall be entitled to
restoration of former salary grade with the same salary step and
 payment of salary differentials during the period the demotion
was imposed.
c. Â In case the penalty imposed is suspension, the respondent shall
immediately be reinstated to former post without loss of seniority
rights and with payment of back wages and all benefits which
would have accrued as if the respondent has not been illegally
suspended.
d. Â In case the penalty imposed is dismissal, the respondent shall
immediately be reinstated without loss of seniority rights and
with payment of back wages and all benefits which would have
accrued as if the respondent has not been illegally dismissed.
e. Â The respondent who is exonerated on appeal shall be entitled
to the leave credits for the period the respondent had been out of
the service.
The grant of back wages and other benefits may be subject of
settlement and/or compromise.
Remedies
RULE 11
Settlement in Administrative Cases
SECTION 59. Â Applicability. — In cases of light offenses where the
act is purely personal on the part of the private complainant and the person
complained of and there is no apparent injury committed to the government,
settlement of offenses may be considered. Provided that settlement can no
longer be applied for the second offense of the same act committed by the
person complained of.
SECTION 60. Â Guidelines. — The following are the guidelines in the
settlement of purely personal matters in administrative cases:
a. Â Settlement shall be allowed only for administrative offenses
where the act is purely personal between the private complainant
and the person complained of and there is no apparent injury to
the government;
b. Â Upon filing of the complaint, the disciplining authority or its
authorized representative motu proprio shall determine whether
the offense can be the subject of settlement. In the affirmative,
the person complained of shall be required to comment and
indicate therein whether he/she is willing to submit the case for
settlement;
c. Â The person complained of may move for the settlement of the
complaint anytime before the issuance of the formal charge.
d. Â If the person complained of opts for settlement, the disciplining
authority or authorized representative shall issue an order
requiring the appearance of parties;
e. Â If settlement succeeds, a Compromise Agreement shall be
 executed between the parties and attested by the disciplining
authority or authorized representative;
f. Â The Compromise Agreement shall be binding on the parties
which cannot be impugned unless it is proven that there was
duress or fraud in its execution on the part of any of the parties;
g. Â A decision shall be issued by the disciplining authority based on
the Compromise Agreement which may include, among others,
the provisional dismissal of the complaint;
h. Â In the event that the proceedings fail, the disciplining authority
or authorized representative shall issue an order terminating the
process and continue with the investigation of the case; and
i. Â In case of non-compliance by the person complained of with the
Compromise Agreement, the case may be reopened for
investigation until its final determination.
RULE 12
Motion for Reconsideration in Disciplinary Cases
SECTION 61. Â Filing. — The party adversely affected by the decision
may file a motion for reconsideration with the disciplining authority who
rendered the same within fifteen (15) days from receipt thereof unless
otherwise provided by law. However, the private complainant may file a
motion for reconsideration from the decision of CSC Regional Office.
A motion for extension of time to file a motion for reconsideration is
not allowed.
SECTION 62. Â When Deemed Filed. — A motion for reconsideration
sent by registered mail or private courier service shall be deemed filed on
the date stamped on the envelope or courier pack which shall be attached to
the records of the case. In case of personal delivery, it is deemed filed on the
date stamped thereon by the proper office.
SECTION 63. Â Grounds. — The motion for reconsideration shall be
based on any of the following:
a. Â New evidence has been discovered which materially affects the
decision rendered; or
b. Â The decision is not supported by the evidence on record; or
c. Â Errors of law or irregularities have been committed prejudicial
to the interest of the movant. ITAaHc

SECTION 64. Â Limitation. — Only one motion for reconsideration

shall be entertained. If a second motion for reconsideration is filed
notwithstanding its proscription under these Rules, the finality of action shall
be reckoned from the denial of the first motion for reconsideration.
SECTION 65. Â Effect of Filing. — The filing of a motion for
reconsideration within the reglementary period of fifteen (15) days shall stay
the execution of the decision sought to be reconsidered.
 RULE 13
Appeal in Disciplinary Cases
SECTION 66. Â Filing. — Subject to Section 49 of these Rules,
decisions of disciplining authorities, imposing a penalty exceeding thirty (30)
days suspension or fine in an amount exceeding thirty (30) days salary, may
be appealed to the Commission within a period of fifteen (15) days from
receipt thereof. In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially appealed to the
department head and then finally to the Commission and pending appeal,
the same shall be executory except when the penalty is dismissal from the
service, in which case the same shall be executory only after confirmation by
the Secretary concerned.
SECTION 67. Â When Deemed Filed. — An appeal sent by registered
mail or private courier service shall be deemed filed on the date stamped on
the envelope or courier pack which shall be attached to the records of the
case. In case of personal delivery, it is deemed filed on the date stamped
thereon by the proper office.
An appeal, once perfected, cannot be withdrawn except upon motion
duly approved by the appellate body.
SECTION 68. Â Perfection of an Appeal or a Petition for Review. — To
perfect an appeal or a petition for review, the appellant/petitioner shall
submit the following documents:
a. Â Memorandum containing the following:
1. Â grounds relied upon for the appeal/petition for review;
2. Â certified true copies of the assailed decision, resolution or
order; and
3. Â certified true copies of documents or evidence relevant to
the case.
The Memorandum shall be filed with the appellate
authority, copy furnished the disciplining authority. The
latter shall submit the records of the case, which shall be
systematically and chronologically arranged, paged and
securely bound to prevent loss, with its comment, within
fifteen (15) days from receipt, to the appellate or higher
authority.
b. Â Proof of service of a copy of the memorandum to the
disciplining office;
c. Â Proof of payment of the required fee; and
d. Â A statement or certificate of non-forum shopping.
If the appellant/petitioner fails to comply with any of the above
requirements within the reglementary period, the Commission shall direct
compliance within a period of not more than ten (10) days from receipt
thereof, with a warning that failure to comply shall be construed as failure to
perfect an appeal/petition for review and shall cause its dismissal with
prejudice to its refiling.
SECTION 69. Â Effect of Filing. — Except for cases requiring
confirmation of the Department Secretary concerned and cases decided by
the CSC ROs, an appeal/petition to the Commission shall not stop the
decision/resolution from being executory.
SECTION 70. Â Effect of Finding of Violation of Due Process. — If on
appeal, the Commission finds that the disciplining authority violated
respondent-appellant's right to due process, the Commission shall dismiss
the case against the respondent and order the immediate reinstatement of
the respondent with payment of back wages and other benefits. However,
the dismissal of the case shall be without prejudice on the part of the
disciplining authority to re-file it in accordance with law.
SECTION 71. Â Petition for Review of CSC RO Decisions. —
Decisions/Resolutions rendered by CSC ROs may be elevated either by the
complainant or the respondent to the Commission by way of a petition for
review within fifteen (15) days from receipt thereof.
SECTION 72. Â Petition for Review of Decisions of Agencies. —
Except in cases involving sexual harassment, a Decision/Resolution of
disciplining authority in an agency exonerating the respondent or dismissing
a complaint for lack of prima facie case or issuance of a formal charge for a
lower offense is not subject to appeal or petition for review before the
Commission.
SECTION 73. Â Petition for Review with the Court of Appeals. — A
party may elevate a Decision/Resolution of the Commission before the Court
of Appeals by way of a petition for review under Rule 43 of the Rules of
Court.
RULE 14
Payment of Back Wages and Other Similar Benefits
SECTION 74. Â Who are Entitled. — The following are entitled to
back wages and other similar benefits:
a. Â An illegally dismissed or suspended official or employee who is
exonerated/reprimanded and ordered reinstated in the service;
and
b. Â A respondent placed under preventive suspension, whose order
of suspension was declared by the Commission as invalid.
SECTION 75. Â What Are Included. — Subject to the guidelines
provided hereinafter and other existing laws, rules and regulations, the
following benefits are included in the scope of back wages: CHTAIc

a. Â Salaries from the time the official or employee was illegally

dismissed/suspended up to the time of actual reinstatement;
b. Â Representation and Transportation Allowance (RATA) as
provided under existing rules;
 c. Â Personnel Economic Relief Allowance/Additional Compensation
Allowance (PERA/ACA);
d. Â Restoration of Leave Credits;
e. Â Loyalty Award;
f. Â Anniversary Bonus;
g. Â 13th, 14th Month Pay and Cash Gift;
h. Â Uniform/Clothing Allowance;
i. Â Performance-based Bonus; and
j. Â Other similar benefits given to regular employees by the agency.
SECTION 76. Â Guidelines. — The following are the guidelines on the
payment of back wages and other similar benefits to an illegally
dismissed/suspended employee:
a. Â The payment of back wages should be computed based on the
rate of salary grade/job grade/pay level/pay grade of the
respondent at the time of dismissal or suspension including the
increases in salary, allowances and other emoluments that may
occur during the period the employee was prevented from
rendering service.
b. Â For entitlement to RATA, subject to existing rules and
regulations, the requirement of actual performance of duty to an
illegally dismissed or suspended respondent is dispensed with
since it is unreasonable to expect or demand performance of
his/her functions when the circumstances prevent one from doing
so.
c. Â The PERA/ACA shall be paid to civilian government personnel,
whether occupying regular, contractual or casual positions,
appointive or elective, whose positions are covered by RA No.
6758, as amended.
d. Â The restoration of leave credits shall be subject to annual
deductions of five (5) days forced leave/mandatory leave as
required under the Omnibus Rules on Leave.
e. Â For purposes of Loyalty award given to all officials/employees in
the government who have rendered at least ten (10) years of
continuous and satisfactory service in the government pursuant
to CSC MC 6, s. 2002, the period under which the respondent was
illegally dismissed or suspended should not be considered as a
gap in the service. The same should be included in the
computation of his/her length of service.
f. Â Anniversary bonus is given during milestone years. A milestone
year refers to the 15th anniversary and every fifth year
thereafter. Respondents who have been illegally dismissed or
suspended during the milestone years shall be entitled to the
payment of anniversary bonus.
 g. Â The 13th/14th month pay plus Cash Gift under existing laws or
as provided in the General Appropriations Act (GAA) shall be
granted to each qualified official or employee which is equivalent
to one (1) month basic salary.
h. Â Uniform or clothing allowance refer to the amount granted per
year to each qualified official or employee as provided in the
GAA.
i. Â Bonuses based on performance shall be given on the basis of
the rating of the employee prior to one's illegal dismissal or
suspension from the service.
An illegally dismissed or suspended official or employee or a
respondent who is exonerated or reprimanded is entitled to the payment of
the aforementioned benefits from the time of illegal termination up to actual
reinstatement.
SECTION 77. Â Allowable Deductions. — The payment of back wages
shall be subject to withholding tax, GSIS Premium, Phil-Health and HDMF
fund contributions, and other monthly dues/deductions, if there be any,
which is imposed by the agency.
Payment of 13th/14th month pay, Cash Gift, Anniversary Bonus, and
other additional bonus given by the agency which exceeds the ceiling tax
exemption shall be subject to withholding tax.
RULE 15
Removal of Administrative Penalties or Disabilities
SECTION 78. Â Recommendation for Removal of Administrative
Penalties or Disabilities; Requirements . — In meritorious cases and upon
recommendation of the Commission, the President may commute or remove
administrative penalties or disabilities imposed upon an official or employee
in disciplinary cases, subject to such terms and conditions as the President
may impose in the interest of the service.
Subject to existing procedures, a petition for a favorable
recommendation for the grant of removal of administrative penalties or
disabilities may be filed by a dismissed official or employee with the
Commission upon submission of the following:
a. Â certified true copy of the decision or resolution in the
disciplinary case;
b. Â favorable recommendation by the disciplining authority or head
of office from which he/she was dismissed;
c. Â affidavit or certification from reputable members of the
community where he/she resides that he/she is a good
parent/family member and/or neighbor, law-abiding and active
member of community and civic organizations;
d. Â proof of non-pendency of an appeal/petition for review relative
to one's disciplinary case before any court/tribunal; and
 e. Â proof of payment of filing fee.
SECTION 79. Â Guidelines. — The following are the guidelines for the
grant of favorable recommendation for the removal of administrative
penalties or disabilities:
EATCcI

a. Â Apart from compliance with the requirements, the petitioner

must demonstrate through specific and positive action and
behavior that he/she has become a useful member of the
community;
b. Â A minimum of three (3) years should have lapsed, from the time
of the finality of the decision dismissing the petitioners from the
service, in order that the petitioners may be considered as to
have truly undergone moral reformation;
c. Â The petitioner seeking the removal of administrative penalties
or disabilities must have recognized/accepted his/her guilt in
his/her petition to show that he/she is repentant/remorseful of the
consequences of his/her act, in addition to the above-mentioned
requirements;
d. Â In case where a petitioner is above sixty-five (65) years of age,
the Commission may favorably recommend the removal of
his/her administrative penalties or disabilities, provided that
he/she complies with the requirements and submit proof of moral
reformation; and
e. Â In cases where the person is found guilty of depriving the
government of money or property, restitution shall be required
before the Commission can favorably recommend the removal of
administrative penalties or disabilities.
SECTION 80. Â Conduct of Background Investigation and Submission
of Recommendation . — Upon receipt of a request sufficient in form and
substance, the Commission may refer the same to the appropriate CSC RO
for the conduct of background investigation and submission of
recommendation within sixty (60) days from receipt of the directive.
SECTION 81. Â The Effects on the Removal of Administrative
Penalties or Disabilities. — Subject to existing laws and regulations, the grant
of the request shall result in the restoration of the subject employee's
privilege to be employed in the government service, unless the President
specifically orders otherwise.
Restoration of civil service eligibility and the privilege to take civil
service examinations shall not apply to those who were found guilty of any
form of examination irregularity.
Contempt of the Commission
RULE 16
Procedure for Contempt
SECTION 82. Â Contumacious/Contemptuous Acts Punishable. — Any
person found guilty of disobedience of or resistance to a lawful writ, process,
order, decision, resolution, ruling, summons, subpoena, command or
injunction of the Commission may be punished for indirect contempt.
SECTION 83. Â How proceedings are commenced. — Proceedings for
indirect contempt may be initiated motu proprio by the Commission by an
order requiring the respondent to show cause why he/she should not be
punished for indirect contempt. A motion to cite for indirect contempt may
also be filed with the Commission. In both cases, proceedings shall be
conducted at the Office for Legal Affairs, Civil Service Commission.
The conduct of proceedings for indirect contempt cases shall follow, as
far as applicable, the procedure required in the conduct of disciplinary
investigation provided under these Rules.
SECTION 84. Â Hearing. — Upon the day set for the hearing, the
Commission shall proceed to investigate the indirect contempt case and
consider such comment, answer, defense or testimony as the respondent
may make or offer. Failure to attend the scheduled hearing and to give a
satisfactory explanation in writing to the Commission will result in the waiver
of the respondent to be present during the hearing.
SECTION 85. Â Penalty, If Found Guilty . — If the respondent is
adjudged guilty of indirect contempt committed against the Commission,
he/she may be penalized by a fine of One Thousand Pesos (P1,000.00) per
day for every act of indirect contempt and/or suspension for one (1) month
up to a maximum period of six (6) months. The fine imposed shall be paid to
the Commission and shall be the personal liability of the respondent.
The finding of guilt for indirect contempt shall not bar the filing of
another indirect contempt case for the same cause if, after serving the first
penalty of suspension or fine or both, the respondent continues to fail/refuse
to comply with the Commission's Order.
Non-Disciplinary Cases
RULE 17
Invalidation or Disapproval of Appointment
SECTION 86. Â Invalidation or Disapproval; Who May Appeal; Effect.
— Either the appointing authority or the appointee may assail the
invalidation or disapproval of an appointment. Pending resolution of the
appeal before the CSC, the appointee shall remain in his/her position with
entitlement to salaries. In case an appointment is finally invalidated or
disapproved, the appointee shall be entitled to restoration to his/her
previous position, if applicable.
When an appointment is invalidated/disapproved on grounds that do
not constitute a violation of civil service law, the appointee shall be
considered a de facto official/employee for which he/she is entitled to
payment of salaries from the government and the services are creditable
government service. On the other hand, when an appointment is
invalidated/disapproved for violation of pertinent laws such as publication
requirement pursuant to Republic Act No. 7041, 4 among others, the services
of the appointee shall not be credited as government service and the
salaries of the appointee shall be borne by the appointing authority and/or
the persons responsible for the commission of the violation of a rule, law.
Agencies may fill up a vacant position resulting from promotion only
after the CSC has approved/validated the promotional appointment, except
in meritorious cases as may be authorized by the Commission.
SECTION 87. Â Evaluation of Qualification of Appointee. — For
purposes of evaluation of the qualification of the appointee, his/her
qualification shall be reckoned from the time of the issuance of the
appointment. DHITCc

SECTION 88. Â Where and When to File. — Subject to the

requirement of Rule 13 of these Rules, appointments invalidated or
disapproved by the CSC FO may be appealed to the CSC RO while those
invalidated or disapproved by the CSC RO may be appealed to the
Commission within the fifteen (15)-day reglementary period.
To facilitate prompt actions on invalidated or disapproved
appointments, motions for reconsideration filed with the CSC FO shall be
treated as an appeal to the CSC RO and a motion for reconsideration at the
CSC RO will be treated as a Petition for Review to the Commission and all the
records thereof including the comments of the CSC FO or CSC RO shall,
within ten (10) days from receipt of the latter, be forwarded to the CSC RO or
the Commission as the case may be.
RULE 18
Protest and Revocation of Appointments
SECTION 89. Â Protest; Who May File. — Only a qualified next-in-
rank official or employee may file a protest against an appointment made in
favor of another who does not possess the minimum qualification
requirements.
SECTION 90. Â Where to File. — A qualified next-in-rank employee
shall have the right to appeal initially to the head of agency, then to the CSC
RO, and then to the Civil Service Commission Proper.
SECTION 91. Â When to File . — Protest may be filed within fifteen
(15) days from the announcement and/or posting of appointments subject of
protest.
For this purpose, all appointments or promotions shall be duly
announced and/or posted in bulletin boards or at conspicuous places in the
Department or Agency within thirty (30) days or within a shorter period from
the issuance of the appointment as provided in the agency-approved Merit
Selection Plan (MSP).
SECTION 92. Â Effect on the Appointment. — A protest shall not
render an appointment ineffective or bar the approval/validation thereof, by
the CSC FO, CSC RO or the Commission, as the case may be, but the
approval/validation shall be subject to the final outcome of the protest.
 An appointment may still be revoked by the appointing authority prior
to the submission to the CSC FO even if the appointee has accepted the
appointment and assumed office. A decision or resolution by the appointing
authority granting the protest shall be subject to appeal by the appointee or
to automatic review by the concerned CSC RO. The appointing authority
shall within five (5) days from issuance of such decision or resolution
transmit the records of case to the CSC RO for disposition.
The appointing authority, however, does not have the power to revoke
an appointment which was already submitted to the CSC FO.
SECTION 93. Â When Deemed Filed. — A protest is deemed filed, in
case the same is sent by registered mail or private courier service, on the
date stamped on the envelope or courier pack which shall be attached to the
records of the case, and in case of personal delivery, on the date stamped
by the agency or the Commission.
SECTION 94. Â Effect of Withdrawal of Protest. — A protest or an
appeal in this case may be withdrawn at any time as a matter of right. The
withdrawal of the protest or appeal shall terminate the protest case.
SECTION 95. Â Transmittal of Records . — In case the decision on
protest is appealed to the Commission, the head of department or agency
shall forward his/her comment and the records of the case within five (5)
days from receipt of the copy of the protest. The records shall be
systematically and chronologically arranged, paged and securely bound to
prevent loss and shall include the following:
a. Â Statement of duties or job description of the contested position;
b. Â Duly accomplished and updated personal data sheets of the
parties with certified statement of service records attached;
c. Â Certified copy of the protested appointment; and
d. Â Comparative assessment of the qualifications of the protestant
and protestee.
SECTION 96. Â Dismissal of Protest. — A protest shall be dismissed
on any of the following grounds:
a. Â The protestant is not qualified next-in-rank;
b. Â The protest is not directed against a particular protestee but to
"anyone who is appointed to the position" or directed to two or
more protestees;
c. Â No appointment has been issued; or
d. Â The protest is filed outside of the fifteen (15)-day reglementary
period.
SECTION 97. Â Finality of Decision. — A Decision or Resolution
denying a protest shall become final and executory after fifteen (15) days
from receipt thereof and no motion for reconsideration, appeal or petition for
review has been filed.
 SECTION 98. Â Effect of Decision. — In case the protest is finally
decided by the CSC against the protestee, the approval/validation of his/her
appointment shall be revoked and the appointment shall be considered
disapproved/invalidated. The protestee shall be reverted to his/her former
position, if applicable.
SECTION 99. Â Recall of Approval/Validation of Appointment; Who
may File . — The Commission, or any of its CSC RO or CSC FO,motu proprio
or upon petition by any person, may initiate the recall of approval/validation
of an appointment of an official or employee who does not meet the
requisite qualification standards of the position or on the ground that the
appointment was issued in violation of existing civil service laws, rules, and
regulations.
SECTION 100. Â When and Where to File. — The petition may be
filed anytime, during a subsisting appointment, to the CSC RO which has
jurisdiction over the appointee. In case the petition is filed with the CSC FO,
the same shall be transmitted to the CSC RO concerned for decision.
SECTION 101. Â Effect on the Appointment. — During the pendency
of a petition to recall the approval/validation of an appointment, the
appointee shall remain and continue to discharge the functions of the
position.
SECTION 102. Â Finality of Decision. — A Decision or Resolution on
the petition to recall the approval of the appointment shall become final and
executory after fifteen (15) days from receipt thereof and no motion for
reconsideration or appeal or petition for review has been filed.
cEaSHC

SECTION 103. Â Effect of Decision. — When the petition to recall the

approval/validation of an appointment is decided by the CSC against the
appointee, the approval/validation of his/her appointment shall be revoked
and the appointment shall be considered disapproved/invalidated. In case of
a promotion from within the same agency, the appointee shall be reverted to
his/her former position, if applicable.
RULE 19
Correction of Personal Information in
the Records of the Commission
SECTION 104. Â When and Where to File. — Request for correction of
personal information shall be filed before retirement or on meritorious
grounds, within one (1) year thereafter, with the CSC RO exercising
jurisdiction, and which request shall be acted upon within fifteen (15) days
from receipt. Copies of the Order or Resolution issued by the concerned CSC
RO shall be submitted to the Integrated Records Management Office (IRMO)
as the repository of all human resource records.
SECTION 105. Â Required Documents . — The following documents
shall be submitted together with the request:
a. Â Original Certificate of Live Birth duly authenticated by the Local
Civil Registrar of the municipality or city where the birth was
 registered or recorded or the Philippine Statistics Authority, or in
its absence, a court order;
b. Â Personal Affidavit of Discrepancy; and
c. Â Photocopy of documents sought to be corrected.
A filing fee shall be paid and a receipt thereof shall be attached to the
request.
SECTION 106. Â Supporting Documents. — When the submitted
Certificate of Live Birth is issued on the basis of late registration, original or
duly authenticated supporting documents must be submitted, in addition to
the requirements enumerated in the immediately preceding section, to
warrant the correction or change of information in the records of the
Commission, to wit:
a. Â Baptismal certificate, unless it has been lost or destroyed
during a war, fire, natural calamity or any other fortuitous event,
in which case, a certification issued by the proper church
authority must be submitted. If the requesting party was not
issued any baptismal certificate or was not baptized, an affidavit
attesting to such fact must be submitted.
b. Â Other employment, personal or school records which support
the entry reflected in the belatedly registered birth certificate and
which entry is requested to be reflected in the records of the
Commission as the true and correct entry.
RULE 20
Dropping from the Rolls
SECTION 107. Â Grounds and Procedure for Dropping from the Rolls.
— Officers and employees who are absent without approved leave, have
unsatisfactory or poor performance, or have shown to be physically or
mentally unfit to perform their duties may be dropped from the rolls within
thirty (30) days from the time a ground therefor arises subject to the
following procedures:
a. Â Absence Without Approved Leave
1. Â An official or employee who is continuously absent without
official leave (AWOL) for at least thirty (30) working days
may be dropped from the rolls without prior notice which
shall take effect immediately.
He/she shall, however, have the right to appeal his/her
separation within fifteen (15) days from receipt of the notice
of separation which must be sent to his/her last known
address.
2. Â If the number of unauthorized absences incurred is less
than thirty (30) working days, a written Return-to-Work
order shall be served on the official or employee at his/her
last known address on record. Failure on his/her part to
 report to work within the period stated in the order, which
shall not be less than three (3) days, is a valid ground to
drop him/her from the rolls.
3. Â If it is clear under the obtaining circumstances that the
official or employee concerned, has established a scheme to
circumvent the rule by incurring substantial absences
though less than thirty (30) working days, three (3) times in
a semester, such that a pattern is already apparent,
dropping from the rolls without notice may likewise be
justified.
In the determination of whether the absences incurred are substantial,
circumstances that would affect the delivery of service shall be taken into
consideration.
b. Â Unsatisfactory or Poor Performance
1. Â An employee who obtained Unsatisfactory rating for one
rating period or exhibited poor performance within the first
three (3) months of the rating period shall be provided
appropriate developmental intervention by the Head of
Office and supervisor (Division/Unit Head), in coordination
with the HRM Office/Personnel Office, to address
competency-related performance gaps.
If after advice and provision of developmental intervention,
the employee still obtains Poor rating for the remaining
months of the rating period or Unsatisfactory rating in the
immediately succeeding rating period, he/she may be
dropped from the rolls.
2. Â An officer or employee who is given two consecutive
Unsatisfactory ratings may be dropped from the rolls after
due notice. Notice shall mean that the officer or employee
concerned is informed in writing of his/her unsatisfactory
performance for a semester and is sufficiently warned that
a succeeding unsatisfactory performance may warrant
his/her dropping from the rolls. Such notice shall be given
not later than thirty (30) days from the end of the semester
and shall contain sufficient information which shall enable
the officer or employee to prepare an explanation within a
reasonable period specified in the notice. This period shall
not apply to probationary employees as defined under
Section 4 (v) of this Rules.
CTIEac

3. Â An officer or employee, who for one evaluation period is

rated Poor in performance, may be dropped from the rolls
provided he/she has been informed in writing of the status
of his/her performance within fifteen (15) days after the end
of the 3rd month with sufficient warning that failure to
improve his/her performance within the remaining period of
the semester shall warrant his/her dropping from the rolls.
 Such notice shall also contain sufficient information which
shall enable the officer or employee to prepare an
explanation within a reasonable period specified in the
notice.
c. Â Physical Unfitness
1. Â An officer or employee who is continuously absent for
more than one (1) year by reason of illness may be declared
physically unfit to perform his/her duties and may be
consequently dropped from the rolls.
2. Â An officer or employee who is intermittently absent by
reason of illness for at least two hundred sixty (260)
working days during a twenty four (24)-month period may
also be declared physically unfit by the head of office.
For this purpose, notice shall be given to the officer or employee
concerned containing a brief statement of the nature of his/her incapacity to
work.
d. Â Mental Disorder
1. Â An officer or employee who is behaving abnormally for an
extended period, which may manifest continuing mental
disorder shall be provided necessary human resource and
psychological interventions. If after interventions, continued
abnormal behavior/mental disorder is manifested, as
reported by his or her co-worker or immediate supervisor
and confirmed by a licensed psychiatrist, the officer or
employee may be dropped from the rolls.
2. Â If the officer or employee refuses to undergo the
necessary human resource and/or psychological
interventions, he or she may be dropped from the rolls
based on the report of co-workers or immediate supervisor
and after confirmation by a licensed psychiatrist.
SECTION 108. Â Written Notice; Who Signs. — The written notice
mentioned in the preceding paragraphs shall be signed by the highest
ranking human resource management officer in the agency upon the
recommendation of the person exercising immediate supervision over the
officer or employee. However, the notice of separation shall be signed by the
appropriate appointing authority or head of office.
SECTION 109. Â Order of Separation through Dropping from the
Rolls; Immediately Executors . — The agency shall not entertain motion for
reconsideration from the order of separation through dropping from the rolls.
The employee shall appeal directly to the Commission Proper within fifteen
(15) days from receipt of the order. Pending appeal the order of separation is
immediately executory.
SECTION 110. Â Dropping from the Rolls; Non-Disciplinary in Nature.
— This mode of separation from the service for unauthorized absences or
unsatisfactory or poor performance or physical or mental disorder is non-
disciplinary in nature and shall not result in the forfeiture of any benefit on
the part of the official or employee or in disqualification from reemployment
in the government.
RULE 21
Remedies in Non-Disciplinary Cases
SECTION 111. Â Remedies in Non-Disciplinary Cases. — The
aggrieved party in non-disciplinary cases may avail of the applicable
remedies provided for under Rules 12 and 13 unless otherwise provided by
law or these Rules.
All actions of CSC ROs or other offices within CSC may be brought to
the Commission Proper by way of a petition for review.
SECTION 112. Â Effects of Decisions of the Commission on Appeal or
Petition for Review . — Where the Commission sets aside or reverses a
decision, the effect shall be as follows:
a. Â Dropping from the Rolls — the employee shall be reinstated
immediately to his/her former post with payment of back wages
and other monetary benefits;
b. Â Illegal Termination — the employee shall be reinstated with
payment of back wages and other monetary benefits;
c. Â Disapproval, Invalidation, and Revocation of Appointments —
the appointee shall remain in that position.
d. Â Reassignment, Transfer, Detail, or Secondment — the employee
shall be restored to former position; and
e. Â Demotion — the employee shall be entitled to back wages and
other similar benefits and restoration of former salary grade with
the same salary step.
RULE 22
Miscellaneous Provisions
SECTION 113. Â Deputation of Lawyers of Other Agencies. — The
Commission may deputize lawyers of other agencies and similar officials to
conduct preliminary and formal investigation and to make the necessary
report and recommendation within the period specified in Sections 21 and
47.
Other agencies of the government may deputize lawyers of other
agencies provided that prior understanding is executed in a Memorandum
between the two agencies.
SECTION 114. Â Execution of CSC RO Decisions. — The decisions of
the CSC ROs shall be immediately executory after fifteen (15) days from
receipt thereof, unless a motion for reconsideration or a petition for review is
seasonably filed with the Commission, in which case the execution of the
decision shall be held in abeyance. SaCIDT
 SECTION 115. Â Execution of the Decisions of the Commission. —
The decisions of the Commission shall be immediately executory after fifteen
(15) days from receipt thereof, unless a motion for reconsideration is
seasonably filed, in which case the execution of the decision shall be held in
abeyance.
For this purpose, the CSC ROs shall monitor and assist in the effective
and immediate implementation of these decisions.
SECTION 116. Â Effect of Pendency of Petition for Review/Certiorari
with the Court. — The filing and pendency of a petition for review with the
Court of Appeals or certiorari with the Supreme Court shall not stop the
execution of the decision of the Commission unless the Court issues a
restraining order or an injunction.
SECTION 117. Â Non-execution of Decision. — Any officer or
employee who willfully refuses or fails to implement the executory
resolution, decision, order or ruling of the Commission to the prejudice of the
public service and the affected party, may be cited in indirect contempt of
the Commission as defined in Rule 16 hereof and may be administratively
charged with Conduct Prejudicial to the Best Interest of the Service or
Neglect of Duty or be held criminally liable under Section 67 of Book V of
Executive Order No. 292, otherwise known as the Administrative Code of
1987.
SECTION 118. Â Computation of Period. — In computing any period
of time prescribed by these Rules, the first day shall be excluded and the
last day included unless it be a Saturday, a Sunday, or a legal holiday or a
special non-working day, in which case the period shall run until the end of
the next working day.
Copies of decisions and other communications shall be served to the
counsel of record if one is represented by a counsel. However, a party even
if represented by a counsel, is not precluded from securing or being served a
copy of said decisions and other communications. The period to perfect a
Motion for Reconsideration or an appeal shall be reckoned from the date of
receipt of counsel or party, whichever comes earlier.
SECTION 119. Â Presumptive Notice; Service of Order and Service of
Processes. —
(a) Â There shall be presumptive Notice to a party of a Commission's
Notice or Order on any of the following instances:
1. Â In cases under formal investigation, if such Notice or
Order appears on the record to have been mailed at least
fifty-five (55) days prior to the scheduled date of hearing if
the addressee is from within the National Capital Region, or
at least seventy-five (75) days if the addressee is from
outside the National Capital Region, for cases before the
Commission Proper.
In cases before the CSC ROs, if such Notice or Order
appears on the record to have been mailed at least fifty-five
 (55) days prior to the scheduled date of hearing if the
addressee is from within the geographical area of the
Regional Office which exercises jurisdiction, or at seventy-
five (75) days if the addressee is from outside the
geographical area.
2. Â In cases where an Order was issued directing a party(ies)
either to comply with the requirements to perfect their
action; comment/answer on a pending action and/or
transmit case records; file their respective position papers;
and other analogous matters, after fifty-five (55) days from
date of mailing, as appearing on the record if the addressee
is from within the National Capital Region, or after seventy-
five (75) days if the addressee is from outside the National
Capital Region, for cases before the Commission Proper.
In cases before the CSC ROs, after fifty-five (55) days from
date of mailing, as appearing on the record if the addressee
is from within the geographical area of the Regional Office
which exercises jurisdiction, or after seventy-five (75) days
if the addressee is from outside the geographical area.
In the case of Notices or Orders mentioned in Item No. 2
hereof, after the lapse of a period of thirty (30) days from
the date of the presumptive notice as appearing on the
record of the case without receipt of any compliance from
the concerned party, the Commission shall proceed to act
upon such case accordingly. On the other hand, if there is
compliance received on an earlier period, the Commission
shall proceed to act upon such case as of the date of receipt
of compliance.
(b) Â A party, in order to ensure timely service, may opt to avail of
private couriers for the service of pleadings, motions and other
submissions. Proof of service in such case shall either be a sworn
certification or affidavit of service from the courier specifically
referring to the date of service and the corresponding tracking
number for the mail matter.
SECTION 120. Â Reconsideration from the Commission's action
based on presumptive notice. — In the event that the Commission renders
an action, decision or resolution based on presumptive notice to a party, said
party may move for reconsideration thereof within fifteen (15) days from
notice, subject to the following requirements:
1. Â In cases under Item 2 of the preceding section, by showing
proof of actual receipt of Notice or Order which falls on a date
after the lapse of fifty-five (55) days from the date of mailing as
appearing in the case record if the addressee is from within the
National Capital Region, or after seventy-five (75) days if the
addressee is from outside the National Capital Region, for cases
before the Commission Proper.
 2. Â In cases before the CSC ROs, by showing proof of actual receipt
of Notice or Order which falls on a date after the lapse of fifty-five
(55) days from the date of mailing as appearing in the case
record if the addressee is from within the geographical area of
the Regional Office which exercises jurisdiction, or after seventy-
five (75) days if the addressee is from outside the geographical
area.
SECTION 121. Â Fees and Other Charges. — Reasonable fees and
other charges shall be provided in separate issuances that the Commission
shall promulgate as it may deem fit. cHECAS

RULE 23
Effectivity and Separability
SECTION 122. Â Repealing Clause . — The Revised Rules on
Administrative Cases in the Civil Service as prescribed in CSC Resolution No.
11-01502 dated November 08, 2011, CSC Resolution No. 01-0940 dated May
21, 2001 and all other memorandum circulars, resolutions, rules and
regulations, inconsistent with these Rules are hereby repealed or modified
accordingly.
SECTION 123. Â Separability. — If any portion of these Rules is
declared unconstitutional or invalid by competent authority, the other
provisions not otherwise affected shall remain in full force and effect.
SECTION 124. Â Transitory. — The provisions of the existing RRACCS
shall continue to be applied to all pending cases which were filed prior to the
effectivity of these Rules, provided it will not unduly prejudice substantive
rights.
SECTION 125. Â Effectivity. — These Rules shall take effect after
fifteen (15) days from date of publication in the Official Gazette, or in a
newspaper of general circulation.
Quezon City.

(SGD.) ALICIA DELA ROSA-BALA

Chairperson

(SGD.) ROBERT S. MARTINEZ

Commissioner

(SGD.) LEOPOLDO ROBERTO W. VALDEROSA, JR.

Commissioner

Attested by:

(SGD.) DOLORES B. BONIFACIO

Director IV
 Commission Secretariat and Liaison Office

Footnotes

1.Section 3 (b) (1), Rule III of the Implementing Rules and Regulations of Republic
Act No. 10029 or AN ACT TO REGULATE THE PRACTICE OF PSYCHOLOGY
CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF
PSYCHOLOGY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES known as "Philippine Psychology Act of 2009."

2.AN ACT DECLARING AS UNLAWFUL ANY FORM OF CHEATING IN CIVIL SERVICE

EXAMINATIONS, UNAUTHORIZED USE AND POSSESSION OF CIVIL SERVICE
COMMISSION (CSC) EXAMINATION-RELATED MATERIALS, AND GRANTING THE
CSC EXCLUSIVE JURISDICTION OVER THESE CASES INCLUDING THOSE
COMMITTED BY PRIVATE INDIVIDUALS.

3.CSC Resolution No. 1302242 promulgated on October 1, 2013 Re: Amendments

to the Implementing Rules and Regulations of Republic Act No. 10154,
Otherwise Known as an Act Requiring All Concerned Government Agencies to
Ensure the Early Release of the Retirement Pay, Pensions, Gratuities and
Other Benefits of Retiring Government Employees.

4.AN ACT REQUIRING REGULAR PUBLICATION OF EXISTING VACANT POSITIONS IN

GOVERNMENT OFFICES, APPROPRIATING FUNDS THEREFORE, AND FOR
OTHER PURPOSES.

Published in The Philippine Star on August 2, 2017.