Raccs PPT - Highlights of Amendments - As of March 10 2017

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2017 RACCS

Presented by
Assistant Commissioner
ARIEL G. RONQUILLO
Head, CSC RRACCS Technical Working Group
New Version of the
RACCS
 2017 Rules on Administrative Cases in
the Civil Service (2017 RACCS)
 Rules : 1-23
 Sections: 126
Major Amendments
 Redefined the following terms:
 Agency
 Probationary Employee
 Personnel Actions ( now HR Actions)
Major Amendments
 New terms defined:
 Back wages
 Developmental Intervention
 Employee
 Ex-parte
 Fixer
 Human Resource
 Motu Propio
Major Amendments
 New terms defined:
 Official
 Prima Facie
 Protest
 Psychological Intervention
 Sexual Harassment
 Show-Cause Order
Major Amendments
 Added under those cases cognizable by the
Commission are complaints against officials
who are not elective officials
 “Heads of Agencies” changed to “Disciplining
Authorities”
 Requests for extension of service excluding
presidential appointees
Major Amendments
 Included provisions on other offenses such as
sexual harassment and violation of RA No.
9485 or the Anti-Red Tape Act (ARTA)

 Provided options on how to conduct


preliminary investigation
Major Amendments
 Added a provision that if the
respondent receives a notice of charge
with incomplete attachments, the
respondent may request for the lacking
documents and the period to answer
will not run until the same is received
by the respondent.
Major Amendments
 Added a provision on prohibited
pleading that when filed and eventually
denied, no MR or appeal thereon shall
be allowed.

 Devoted a rule on the payment of back


wages
Major Amendments
 Added a provision that if the preventive
suspension is imposed by the CSC, it is
executory unless a TRO is issued by the
CA or the SC.
 Added a provision stating that the
designated prosecutor who fails to
appear, without justifiable reason, at
the pre-hearing conference may be
liable for Neglect of Duty.
Major Amendments
 Allowed the adoption of the Judicial
Affidavit Rule without prejudice to the
clarificatory questions that may be
asked during the hearing.
 Added a provision clarifying that a
private prosecutor may be allowed to
appear only under direct control and
supervision by the public prosecutor
Major Amendments
 Emphasized that failure to copy furnish
the other party with proof of service
may justify non-receipt or non-action on
the pleading.
Major Amendments
 The release of the retirement benefits
of a person with pending case shall be
governed by RA 10154 or 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”.
Major Amendments
 The Report of Investigation shall be
treated with confidentiality.
 The penalty of fine may be converted
into fine when the respondent has
already retired or otherwise separated
from the government service.
Major Amendments
 Provided a fixed medium range of
penalty in imposing the penalty of
suspension
 Clarified the imposition of penalty in
committing two or more different
offenses and two or more counts of the
same offense
Major Amendments
 The accessory penalty of
Forfeiture of Retirement Benefits now
excludes terminal leave benefits and personal
shares/contributions to the GSIS.

 In lieu of a preventive suspension, the proper


disciplining authority or head of agency may
reassign respondent to other units of the agency

 Upon exoneration, the respondent shall be entitled


to back salaries and other benefits reckoned from
the time of illegal dismissal
Major Amendments
 Clarified that a private complainant may
file a motion for reconsideration from
the decision of CSC regional office
 Recognized resort to private courier
service
 Emphasized that those certified true
copies of evidence that are attached to
a Memorandum shall be relevant to the
case
Major Amendments
 The penalty of demotion shall result in
diminution of salary corresponding to
the next lower salary grade with the
same salary step
 Exclusion of the Rule on Accreditation
of Services
Major Amendments
 Revised guidelines in the settlement of
purely personal matters in
administrative cases
 Restoration of civil service eligibility
shall not apply to those who were found
guilty of any form of examination
irregularity
Major Amendments
 Added a provision stating when an
appointee is considered a de facto
official or employee
 Another provision is added stating that
agencies may fill up a vacant position
resulting from promotion only after the
CSC has approved/validated the
promotional appointment
Major Amendments
 For evaluation purposes, the
qualifications of an appointee shall be
reckoned from the time of the issuance
of appointment
 Devoted a rule on the protest and
revocation of appointments
Major Amendments
 An affidavit of disinterested witnesses
shall only be required to support
documentary requirement for the COPI
 Improved the grounds and procedure
for Dropping from the Rolls where
psychological intervention and
developmental interventions are
considered
Major Amendments
 Clarified that other agencies of the
government may deputize lawyers of
other agencies provided that prior
understanding is executed in a
Memorandum between the two
agencies
 Introduced the presumptive notice rule
FINAL NOTES

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