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Uniform Rules On Administrative Cases in The Civil Service
Uniform Rules On Administrative Cases in The Civil Service
TO: ALL HEADS OF DEPARTMENTS. BUREAUS AND NOW, THEREFORE, the Commission hereby adopts and promulgates the
following rules that shall govern disciplinary and non-disciplinary proceedings in
AGENCIES OF THE NATIONAL AND LOCAL
administrative cases.
GOVERNMENTS. INCLUDING GOVERNMENT-
OWNED AND CONTROLLED CORPORATIONS RULE I
WITH ORIGINAL CHARTERS AND STATE GENERAL PROVISIONS
UNIVERSITIES AND COLLEGES
Section 1. Title. – These Rules shall be known as the Uniform Rules on
Administrative Cases in the Civil Service.
SUBJECT: REVISED UNIFORM RULES ON Section 2. Coverage and Definition of Terms. – These Rules shall be applicable
ADMINISTRATIVE CASES IN THE CIVIL to all cases brought before the Civil Service Commission and other
SERVICE government agencies, except where a special law provides otherwise.
The Civil Service Commission, through Resolution No. 99-1936 dated August The terms hereunder shall be construed as follows:
31,1999. adopted the new “Uniform Rules in Administrative Cases in the Civil a. CIVIL SERVICE is the generic term which refers to all men and
Service” which will govern the conduct of disciplinary and non-disciplinary women in all branches, subdivisions, instrumentalities and
proceedings in administrative cases brought before this Commission and/or other agencies of the Government, including government-owned or
government agencies, except where special law provides otherwise, controlled corporations with original charters.
The said resolution was published in the Manila Standard on September 11. b. COMMISSION refers to the Civil Service Commission (Central
1999 and thus it will take effect on September 27, 1999. In this regard, all concerned Office and Regional Offices).
are enjoined to follow strictly the said new Rules. c. COMMISSION PROPER refers to the Civil Service
Commission-Central Office.
(Sgd.) CORAZON ALMA G. DE LEON
d. CIVIL SERVICE REGIONAL OFFICES refer to the sixteen
Chairman
(16) Civil Service Regional Offices and those which may be
14 September 1999
subsequently created, each headed by a Regional Director.
Resolution No. 99-1936 was published Sept. 11, 1999 on pages 9-10 of the e. DEPARTMENT refers to any of the executive departments or
Manila Standard. entities having the category of a department, including the
judiciary and the other constitutional commissions, and offices.
f. AGENCY refers to any bureau, office, commission,
Resolution No. 991936 administration, board, committee, institute, corporation with
Whereas, Section 12 (2), Chapter 3. Title I, Subtitle (A), Book V of original charter, state universities and colleges, or any other unit of
Administrative Code of 1987 (Executive Order No. 292) empowers the Civil Service the national government as well as provincial, city or municipal
Commission to prescribe, amend and enforce rules and regulations to effectively government.
carry out its mandate; g. DISCIPLINING AUTHORITY refers to the person, tribunal or
body duly authorized to suspend, dismiss or discipline officials and
Whereas, Section 12 (11), Chapter 3, Title I, Subtitle (A), Book V of the same
employees in the Civil Service.
Code provides, in part, that the Commission shall hear and decide administrative
cases instituted by or brought before it directly or on appeal, including contested h. APPOINTING AUTHORITY refers to the person or body duly
appointments, and review decisions and actions of its offices and of the agencies authorized to issue appointments in the civil service.
CSC MC 19 – Uniform Rules on Administrative Cases in the Civil Service 1
i. PERSONNEL ACTION refers to any action denoting the Section 5. Jurisdiction of the Civil Service Commission Proper. – The Civil
movement or progress of personnel in the Civil Service which shall Service Commission Proper shall have jurisdiction over the following
include appointment through certification, promotion, transfer, cases:
reinstatement, reemployment, -detail, reassignment, secondment, A. Disciplinary
demotion and separation from the service.
1. Decisions of Civil Service Regional Offices brought before it
j. RESPONDENT refers to the person who is formally charged by on petition for review;
the disciplining authority.
2. Decisions of heads of departments, agencies, provinces, cities,
k. PERSON COMPLAINED OF refers to the person who is the municipalities and other instrumentalities, imposing penalties
subject of a complaint but who is not as yet formally charged by exceeding thirty days suspension or fine in an amount
the disciplining authority exceeding thirty days salary brought before it on appeal;
l. PARTY ADVERSELY AFFECTED refers to the respondent 3. Complaints brought against Civil Service Commission Proper
against whom a decision in a disciplinary case has been rendered. personnel;
m. FORUM-SHOPPING refers to the filing of an administrative 4. Complaints against third level officials who are not
action or complaint before another agency or any tribunal against presidential appointees;
the same party involving the same acts or causes of action and
5. Complaints against Civil Service officials and employees
relief.
which are not acted upon by the agencies and such other
m. QUALIFIED NEXT-IN-RANK refers to the employee who is complaints requiring direct or immediate action, in the interest
appointed under a permanent status to a position previously of justice;
determined to be a next-in-rank to the vacancy and who meets the
6. Requests for transfer of venue of hearing on cases being heard
requirements for appointment thereto.
by Civil Service Regional Offices;
o. THIRD LEVEL refers to positions in the Career Executive
7. Appeals from the Order of Preventive Suspension; and
Service (CES) which include Undersecretary, Assistant Secretary,
Bureau Director, Regional Director, Assistant Regional Director 8. Such other actions or requests involving issues arising out of
and other officers of equivalent rank. or in connection with the foregoing enumerations.
p. PROBATIONARY EMPLOYEE refers to the employee who is B. Non-Disciplinary
issued an original appointment and who is required to undergo the 1. Decisions of Civil Service Regional Offices brought before it;
first six (6) months of service on a probationary status. 2. Requests for favorable recommendation on petition for
Section 3. Technical Rules in Administrative Investigations. – Administrative executive clemency;
investigations shall be conducted without necessarily adhering strictly 3. Protests against the appointment, or other personnel actions,
to the technical rules of procedure and evidence applicable to judicial involving third level officials; and
proceedings. 4. Such other analogous actions or petitions arising out of or in
relation with the foregoing enumerations.
Section 4. Jurisdiction of the Civil Service Commission. – The Civil Service
Commission shall hear and decide administrative cases instituted by, or Section 6. Jurisdiction of Civil Service Regional Offices. – The Civil Service
brought before it, directly or on appeal, including contested Regional Offices shall have jurisdiction over the following cases:
appointments, and shall review decisions and actions of its offices and A. Disciplinary
of the agencies attached to it. 1. Complaints initiated by, or brought before, the Civil Service
Except as otherwise provided by the Constitution or by law, the Civil Regional Offices provided that the alleged acts or omissions
Service Commission shall have the final authority to pass upon the were committed within the jurisdiction of the Regional Office,
removal, separation and suspension of all officers and employees in the including Civil Service examination anomalies or
civil service and upon all matters relating to the conduct, discipline and irregularities and the persons complained of are employees of
efficiency of such officers and employees. agencies, local or national, within said geographical areas;
2. Complaints involving Civil Service Regional Office personnel
CSC MC 19 – Uniform Rules on Administrative Cases in the Civil Service 2
who are appointees of said office; and The complaint should be written in a clear, simple and concise
3. Petitions to place respondent under Preventive Suspension. language and in a systematic manner as to apprise the civil servant
B. Non-Disciplinary concerned of the nature and cause of the accusation against him and to
enable him to intelligently prepare his defense or answer.
1. Disapproval of appointments brought before it on appeal;
2. Protests against the appointments of first and second level The complaint shall contain the following:
employees brought before it directly or on appeal; a.. full name and address of the complainant;
3. Decisions of national agencies and local government units b. full name and address of the person complained of as well as his
within their geographical boundaries relative to personnel position and office of employment;
actions and non-disciplinary cases brought before it on appeal; c. a narration of the relevant and material facts which shows the acts
and or omissions allegedly committed by the civil servant;
4. Requests for accreditation of services and corrections of d. certified true copies of documentary evidence and affidavits of his
personal information in the records of the Commission. witnesses, if any; and
Section 7. Jurisdiction of Heads of Agencies. – Heads of Departments, agencies, e. certification or statement of non-forum shopping.
provinces, cities, municipalities and other instrumentalities shall have
In the absence of any one of the aforementioned requirements, the
original concurrent jurisdiction, with the Commission, over their
complaint shall be dismissed.
respective officers and employees.
A. Disciplinary Section 9. When and Where to File a Complaint. – Except when otherwise
provided for by law, an administrative complaint may be filed at
1. Complaints involving their respective personnel. Their
anytime with the Commission, proper heads of departments, agencies,
decisions shall be final in case the penalty imposed is
provinces, cities, municipalities and other instrumentalities.
suspension for not more than thirty days or fine in an amount
not exceeding thirty (30) days salary. Section 10. Withdrawal of the Complaint. – The withdrawal of the complaint does
Decisions of Heads of Agencies imposing a penalty of not result in its outright dismissal nor discharge the person complained
removal shall be executory only after confirmation by the of from any administrative liability. Where there is obvious truth or
Department Secretary concerned. merit to the allegation in the complaint or where there is documentary
B. Non-disciplinary evidence that would tend to prove the guilt of the person complained
of, the same should be given due course.
1. Protests against the appointments of their respective personnel.
They shall have original concurrent jurisdiction with the Civil Section 11. Action on the Complaint. – Upon receipt of a complaint which is
Service Regional Office concerned; and sufficient in form and substance, the disciplining authority shall require
2. Complaints on personnel actions and other non-disciplinary the person complained of to submit a Counter-Affidavit/Comment
actions of their respective personnel. under oath within three (3) days from receipt.
Section 12. Preliminary Investigation. – A Preliminary Investigation involves the
RULE II ex parte examination of records and documents submitted by the
DISCIPLINARY CASES complainant and the person complained of, as well as documents
Section 8. Complaint. – A complaint against a civil service official or employee readily available from other government offices. During said
shall not be given due course unless it is in writing and subscribed and investigation, the parties are given the opportunity to submit affidavits
sworn to by the complainant. However, in cases initiated by the proper and counter-affidavits.
disciplining authority, the complaint need not be under oath. Failure of the person complained of to submit his counter affidavit shall
No anonymous complaint shall be entertained unless there is obvious be considered as a waiver thereof.
truth or merit to the allegations therein or supported by documentary or Thereafter, if necessary, the parties may be summoned to a conference
direct evidence, in which case the person complained of may be where the investigator may propound clarificatory and other relevant
required to comment.
CSC MC 19 – Uniform Rules on Administrative Cases in the Civil Service 3
questions. interposed by the respondent, the same shall be considered as an
answer and shall be evaluated as such.
Upon receipt of the counter-affidavit or comment under oath, the
disciplining authority may now determine whether a prima facie case Section 17. Answer. – The answer, which is in writing and under oath, shall be
exist to warrant the issuance of a formal charge. specific and shall contain material facts and applicable laws, if any,
including documentary evidence, sworn statements covering
A fact-finding investigation may be conducted further or prior to the
testimonies of witnesses, if there be any, in support of his case. It shall
preliminary investigation for the purpose of ascertaining the truth. A
also include a statement indicating whether or not he elects a formal
preliminary investigation necessarily includes a fact-finding
investigation.
investigation.
Section 18. Failure to File an Answer. – If the respondent fails or refuses to file
For this purpose, preliminary investigation may be entrusted by the
his answer to the formal charge within five (5) days from receipt
Commission to lawyers of other agencies pursuant to Section 79.
thereof, he shall be considered to have waived his right thereto and
Section 13. Duration of the Investigation. – A preliminary investigation shall formal investigation may commence.
commence not later than five (5) days from receipt of the complaint by
Section 19. Preventive Suspension. – Upon petition of the complainant or motu
the disciplining authority and shall be terminated within thirty (30)
proprio, the proper disciplining authority may issue an order of
days thereafter.
preventive suspension upon service of the Formal Charge, or
Section 14. Investigation Report. – Within five (5) days from the termination of immediately thereafter to any subordinate officer or employee under his
the preliminary investigation, the investigating officer shall submit the authority pending an investigation, if the charge involves:
Investigation Report and the complete records of the case to the a. dishonesty;
disciplining authority.
b. oppression;
Section 15. Decision or Resolution After Preliminary Investigation. – If a prima c. grave misconduct;
facie case is established during the investigation, a formal charge shall d. neglect in the performance of duty; or
be issued by the disciplining authority A formal investigation shall
e. if there are reasons to believe that the respondent is guilty of
follow.
charges which would warrant his removal from the service.
In the absence of a prima facie case, the complaint shall be dismissed. An order of preventive suspension may be issued to temporarily
Section 16. Formal Charge. – After a finding of a prima facie case, the remove the respondent from the scene of his misfeasance or
disciplining authority shall formally charge the person complained of. malfeasance and to preclude the possibility of exerting undue influence
The formal charge shall contain a specification of charge(s), a brief or pressure on the witnesses against him or tampering of documentary
statement of material or relevant facts, accompanied by certified true evidence on file with his Office.
copies of the documentary evidence, if any, sworn statements covering In lieu of preventive suspension, for the same purpose, the proper
the testimony of witnesses, a directive to answer the charge(s) in disciplining authority or head of office, may reassign respondent to
writing under oath in not less than seventy-two (72) hours from receipt another unit of the agency during the formal hearings.
thereof, an advice for the respondent to indicate in his answer whether
or not he elects a formal investigation of the charge(s), and a notice that Section 20. Duration of Preventive Suspension. – When the administrative case
he is entitled to be assisted by a counsel of his choice. against an officer or employee under preventive suspension is not
finally decided by the disciplining authority within the period of ninety
If the respondent has submitted his comment and counter-affidavits (90) days after the date of his preventive suspension, unless otherwise
during the preliminary investigation, he shall be given the opportunity provided by special law, he shall be automatically reinstated in the
to submit additional evidence. service; provided that, when the delay in the disposition of the case is
The disciplining authority shall not entertain requests for clarification, due to the fault, negligence or petition of the respondent, the period of
bills of particulars or motions to dismiss which are obviously designed delay should not be included in the counting of the 90 calendar days
to delay the administrative proceedings. If any of these pleadings are period of preventive suspension. Provided further that should the