2017

RULES ON
ADMINISTRATIVE
CASES IN THE CIVIL
SERVICE
(RACCS)
IN A NUTSHELL
Applicability and Coverage

The rules shall apply to all disciplinary and non-

disciplinary administrative cases or matters
brought before:
• Civil Service Commission (CSC) and its regional/field offices
• Agencies of the National Government
• Local Government Units (LGUs)
• State Universities and Colleges (SUCs)
• Local Universities and Colleges (LUCs)
• Government-owned or Controlled Corporations (GOCCs) with
original charters
What is the primary basis of accountability of
public officers and employees?

The 1987 Constitution provides that “[p]ublic

office is a public trust. Public officers and
employees must at all times be accountable to
the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency,
act with patriotism and justice and lead modest
lives”.
ADMINISTRATIVE
DISCIPLINE
A part of Administrative Law which deals with:
1. Administrative infractions or grounds for
disciplinary actions;
2. Administrative penalties; and
3. Administrative disciplinary procedures.

PURPOSE:
Its purpose is not the punishment of the offending officer or employee but the improvement of
the public service and the preservation of the people’s faith and confidence in their
government. (Bautista vs Negado, 108 Phil 283; Cana vs. Gebusion 329 SCRA 132)
 BASIC PRINCIPLES IN ADMINISTRATIVE
DISCIPLINE
• The power to discipline is lodged with the proper
appointing authority.
• Administrative offenses are imprescriptible (Floria vs.
Sunga, A.M. No. CA-01-10-P, November 14, 2001).

• The private complainant in an administrative case is a

mere witness of the government.
• The withdrawal of the complainant is not a ground for
the dismissal.
• Administrative cases are generally not subject to
settlement
JURISDICTION
- The power to hear and decide a case

- The authority to resolve a legal controversy

ELEMENTS OF JURISDICTION

1. Jurisdiction over the complainant

2. Jurisdiction over the person complained of /

respondent
- Presidential appointees
- Elective officials
- Court personnel
- Government employees

3. Jurisdiction over the subject matter

QUESTION

Can we still proceed with the investigation

when the person complained of is already
resigned or retired?
Example:

Filing of complaint – March 1, 2020

Service of Show Cause Order – March 17, 2020
Complete and Effective Resignation/Effectivity of
Retirement – March 31, 2020

*Jurisdiction over the person complained of is not lost

provided that the Show Cause Order was served to him
prior to his/her resignation
Example:

Filing of Complaint – March 1, 2020

Retirement / Complete and Effective Resignation –
March 17, 2020
Service of Show Cause Order – March 20, 2020

*The person complained of/respondent can no longer be held answerable for

administrative complaints filed and sanctions imposed after his retirement
(OMB vs. Andutan, GR No. 164679, July 27, 2011)
How do we effect service of show
cause order?

1. Personal service

2. Service by mail
 Jurisdiction over the Subject Matter
Disciplinary cases cognizable by the Commission
- Decisions of CSC ROs brought before it on petition for review;
- Complaints brought against CSC officials and employees both in the Central
Office and CSC ROs;
- Complaints against officials who are not presidential appointees or elective
officials;
- Decisions of disciplining authorities imposing penalties exceeding 30 days
suspension or fine in an amount exceeding 30 days salary brought before it on
appeal;
- Decisions of disciplining authorities imposing penalties not exceeding 30 days
suspension or fine equivalent to 30 days salary but violating due process;
- Requests for transfer of venue of hearing on cases being heard by CSC ROs;
- Appeals or petitions for review from orders of preventive suspension; and
- Such other actions or requests involving issues arising out of or in connection
with the foregoing enumeration.
Non-disciplinary cases cognizable by the Commission
- Decisions of department secretaries and bureau heads on
human resource actions;

- Decisions of CSC ROs;

- Requests for favorable recommendation on petition for the

removal of administrative penalties or disabilities;

- Requests for extension of service excluding presidential

appointees;

- Appeals from reassignment of public health workers and public

social workers; and

- Such other analogous actions or petitions arising out of or in

relation with the foregoing enumerations.
Disciplinary cases cognizable to the CSC ROs

• 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 and its related offenses; and

• Petitions to place respondent under preventive

suspension in connection with cases pending before the
CSC RO concerned.
 Non-disciplinary cases cognizable to the CSC ROs

• Disapproval / recall of approval/invalidation of

appointments brought before it on appeal;
• 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
• Requests for corrections of personal information in the
records of the Commission.
Administrative Offenses and Penalties

Classification:
1. Grave
2. Less Grave
3. Light
 Grave offenses punishable by dismissal
1. Serious dishonesty;
2. Gross neglect of duty;
3. Grave misconduct;
4. Being notoriously undesirable;
5. Conviction of a crime involving moral turpitude;
6. Falsification of official document;
7. Physical or mental disorder or disability due to immoral or vicious habits;
8. 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;
 Grave offenses punishable by dismissal, continued…

9. Contracting loans of money or other property from persons with whom the
office of the employee has business relations;
10.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 the giver and receiver and the motivation. A thing of
monetary value is one which is evidently or manifestly excessive by its very
nature;
11. Nepotism;
12.Disloyalty to the Republic of the Philippines and to the Filipino people;
Grave offenses punishable by suspension of 6 months and 1 day to 1 year for
the first offense and dismissal for the second offense

1. Less serious dishonesty;

2. Oppression;
3. Disgraceful and immoral conduct;
4. Inefficiency and incompetence in the performance of official duties;
5. Frequent unauthorized absences (habitual absenteeism);
6. Habitual tardiness in reporting for duty causing prejudice to the operations of the
office;
7. Loafing from duty during regular office hours;
8. Refusal to perform official duty;
9. Gross insubordination;
10. Conduct prejudicial to the best interest of the service;
11. Directly or indirectly having financial ang 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. 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. 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. 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. 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 a) law,
or b) international agreements, commitment and obligation, c) as part of the function of one’s office.

Note: 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.
GRAVE MISCONDUCT

In Arcenio v. Pagorogon, the Court defined

misconduct as “a transgression of some established
and definite rule of action, more particularly, unlawful
behavior or gross negligence by a public officer.” As
differentiated from simple misconduct, in grave
misconduct, “the elements of corruption, clear intent to
violate the law or flagrant disregard of established
rule, must be manifest.”
GRAVE vs. SIMPLE MISCONDUCT

• “In Grave Misconduct, as distinguished from

Simple Misconduct, the elements of corruption,
clear intent to violate the law or flagrant
disregard of established rules, must be manifest.”

• LANDRITO vs. CSC, 223 SCRA 564

Citing In Re: Impeachment of Horilleno, 43 Phil. 212
(1922)

*Good faith is a defense against a charge of misconduct. (de Jesus et al. v

Office of the Ombudsman, 536 SCRA 547)
 Sample Cases:
 Recommending or causing the employment of a brother-in-law with a private corporation
whose principal business involves transactions with the public officer’s office is a grave
misconduct and a crime punishable under Section 3 (d) of RA 3019 and Section 7 (b) (3) of
RA 6713. (Valera v. Office of the Ombudsman et al., 547 SCRA 42)
 Demanding weekly “tong” and demanding lechon for his birthday is grave misconduct.
(Torredes v. Villamor, 564 SCRA 492)
 Traveling abroad without requisite travel authority, as required under EO No. 39 dated
August 6, 1986 and Memorandum Circular No. 18 dated October 27, 1992, is a grave
misconduct. (Valera v. Office of the Ombudsman et al., 547 SCRA 42)

*The current applicable jurisprudence states that misconduct in office warranting removal must
have a direct relation to and be connected with the performance of official duties. Otherwise,
the public officer should be held liable instead for conduct prejudicial to the best interest of
service, an offense which need not be related or connected with the performance of duty.
*BFP Personnel, as accountable employees, are expected to exercise utmost responsibility and
fidelity in the discharge of our duty.
 SERIOUS DISHONESTY

• Dishonesty is the concealment or distortion of

truth, which shows lack of integrity or a
disposition to defraud, cheat, deceive or betray,
and intent to violate the truth. (CSC Resolution
No. 2100079)
• To warrant dismissal, the act need not be
committed in the performance of duty (Nera v.
Garcia, 106 Phil. 1031; PAGCOR v. Syhongpan,
500 SCRA 198)
 CSC RESOLUTION NO. 2100079, s. 2021
• The presence of any one would constitute Serious
Dishonesty:
a. The dishonest act caused serious damage and grave
prejudice to the Government;
b. The respondent gravely abused his authority in order
to commit the dishonest act;
c. Where the respondent is an accountable officer, the
dishonest act directly involves property, accountable
forms or money for which he is directly accountable
and the respondent shows an intent to commit
material gain, graft and corruption
 CSC RESOLUTION NO. 2100079, continued…
d. The dishonest act exhibits moral depravity on the part of the
respondent whether or not said act was committed in the
performance of his or her duties;
e. The dishonest act involves a Civil Service examination
irregularity or fake Civil Service eligibility such as, but not
limited to, impersonation, cheating and use of crib sheets;
f. The dishonest act relates to the respondent’s employment
such as but not limited to misrepresentation on his/her
qualifications as to education, experience, training and
eligibility in order to qualify for a particular position, and/or
the submission of fake and/or spurious credentials.
g. Other analogous circumstances
 LESS SERIOUS DISHONESTY
a. The dishonest act caused damage and prejudice to
the government which is not so serious as to
qualify under the immediately preceding
classification;
b. The dishonest act committed involves sums of
money or government property and the respondent,
who must not be an accountable officer, restitutes
the same;
c. The respondent took advantage of his/her position
in committing the dishonest act but not for
personal gain or benefit
 LESS SERIOUS DISHONESTY, continued…
d. The respondent did not take advantage of his/her
position in committing the dishonest act but
nonetheless resulted in his/her benefitting from
such act; and
e. Other analogous circumstances
 SIMPLE DISHONESTY
a. The dishonest act has no direct relation to or does not
involve the duties and responsibilities of the
respondent, or that the same did not cause damage or
prejudice to the government, subject to the condition
that the dishonest act does not constitute moral
depravity
b. In falsification of any official document, where the
information falsified is not related to his/her
employment, or when the falsification of official
document did not cause damage or prejudice to the
government, unless the dishonest act constitutes moral
depravity;
 SIMPLE DISHONESTY, continued

c. The respondent did not take advantage of his/her

position in committing the dishonest act, and that,
such dishonest act did not result in any personal gain
or benefit nor caused damage or prejudice to the
government;
d. Other analogous circumstances
 Sample Cases:
 Falsification of an official document such as the Daily Time Record is dishonesty and a
grave offense and is penalized with dismissal for the first offense. (Beradio v. CA, 103
SCRA 567; Galan v. Napase, 208 SCRA 1)
 Assuming the identity if the examinee in a civil service examinee is dishonesty. (Donato
Jr. v. CSC)
 Misrepresentation as to educational attainment is an act of dishonesty. (Aquino v. The
General Manager of GSIS, 22 SCRA 415; De la Cruz v. Mudlong, 84 SCRA 280)

*The private life of an employee cannot be segregated from his public life. Dishonesty
inevitably reflects on the fitness of the officer or employee to continue in office and the
discipline and morale of the service.
 GROSS NEGLECT OF DUTY
• By definition, gross negligence refers to negligence
characterized by the want of even slight care, acting or
omitting to act in a situation where there is a duty to
act, not inadvertently but willfully and intentionally with
a conscious indifference to consequences insofar as other
persons may be affected.
• It is the omission of that care which even inattentive and
thoughtless men never fail to take on their own property. In
cases involving public officials, there is gross negligence
when a breach of duty is flagrant and palpable.
 Sample Cases:
 Failure on the part of public works officials to properly oversee the
construction of barangay school buildings which turned out to be defective,
structurally weak and substandard, constitutes gross negligence punishable
by dismissal. (Brucal et al. v. Desierto, G.R. No. 152188)

*Non-feasance and dereliction of duty implies a willful or fraudulent omission or neglect

of official duty, and not a mere failure to do one particular thing. Misfeasance or abuse
of discretion requires proof of bad faith, caprice, arbitrariness or partiality. (Mercado v.
Medina, 22 SCRA 577)
CONDUCT PREJUDICIAL TO THE BEST
INTEREST OF THE SERVICE

• It covers a wide range of acts or omissions,

through which a government employee, either
deliberately or by mere ignorance or negligence,
effectively compromises the integrity and
efficiency of the government service.
• Acts may constitute Conduct Prejudicial to the best
Interest of the Service as long as they tarnish the
image and integrity of his/her public office.
 Sample Cases:
 Trespassing into the quarters of a co-employee, threatening to kill him, and
firing his gun at an object were not related to, or performed by the respondent
by taking advantage of his functions, (Largo v. CA, et al., 537 SCRA 721)
 A public officer selling fake Unified Vehicular Volume Program exemption
cards to his officemates during office hours. (Cabalitan v. DAR, 479 SCRA
452)
 A public Officer forging receipts to avoid private contractual obligations.
(Mariano v. Roxas, 285 SCRA 500)

*Considered a shade lighter than Grave Misconduct. The gravity of an offense may thus
be downgraded from Grave Misconduct to a mere CPBIS.
 DISGRACEFUL AND IMMORAL
CONDUCT
• It refers to acts which violate the basic norm of
decency, morality and decorum abhorred and
condemned by the society.
• It refers to conduct which is willful, flagrant or
shameless, and which shows a moral
indifference to the opinions of the good and
respectable members of the community.
 Sample Cases:
 Respondent court personnel was found guilty of engaging in disgraceful and
immoral conduct when he had relations with a woman not his wife and
having a child with her. (Committee on Ethics and Special Concerns, CA v.
Naig, AM No. CA-15-32-P)
 A court interpreter for the RTC of Quezon City would have been suspended
for six (6) months and one (1) day for engaging in amorous relationship with
a married man had she not peremptorily resigned from her post. (Banaag v.
Espeleta, 677 Phil. 552)

*The fact alone that respondent had given birth to a child out of wedlock is not sufficient
to warrant sanction for disgraceful and immoral conduct.
INSUBORDINATION

• Defined as the refusal to obey some order,

which a superior officer is entitled to give
and have obeyed.
• The term imports a wilful or intentional
disregard of the lawful and reasonable
instructions of the employer.
Less grave offenses punishable by suspension of 1 month and 1 day to 6 months
for the first offense and dismissal from the service for the second offense

1. Simple neglect of duty;

2. Simple misconduct;
3. Discourtesy in the course of official duties;
4. Violation of the existing civil service law and rules of serious nature;
5. Insubordination;
6. Habitual drunkenness;
7. Unfair discrimination in rendering public service due to party affiliation or preference;
8. 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 years of age living in one’s household; and
9. Engaging directly or indirectly in partisan political activities by one holding non-
political.
Light offenses punishable by reprimand for the first offense; suspension of 1
day to 30 days for the second offense; dismissal from the service for the third
offense
1. Simple discourtesy in the course of official duties;
2. Improper of unauthorized solicitation of contributions from subordinate employees and in the case of
teachers or school officials from school children;
3. Violation of reasonable office rules and regulations;
4. Habitual tardiness;
5. Gambling prohibited by law;
6. Refusal to render overtime service;
7. Disgraceful, immoral or dishonest conduct prior to entering the service;
8. Borrowing money by superior officers from subordinates;
9. Wilful failure to pay just debts or willful failure to pay taxes due to the government;
10. Lobbying for personal interest or gain in legislative halls and offices without authority; and
11. Promoting the sale of tickets on 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.
 Light offenses, continued…
12. Failure to act promptly on letters and request within 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. 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. 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. Engaging in private practice of one’s profession unless authorized by the Constitution,
law or regulation of 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. Pursuit of private business, vocation or profession without the permission required by
Civil Service rules and regulations.
Other specific offenses

SEXUAL HARASSMENT

Grave Offenses punishable by dismissal from the service shall include, but
are not limited to:

1. Unwanted touching of private parts of the body (inner thighs, genitalia,

buttocks and breast);
2. Sexual assault;
3. Malicious touching;
4. 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 stipend or allowance; and
5. Other analogous cases.
Less Grave Offenses

1. Unwanted touching or brushing against a victim’s body;

2. Pinching not falling under grave offenses;
3. Derogatory or degrading remarks or innuendoes directed toward the
members of one sex, or one’s sexual orientation or used to describe a
person;
4. Verbal abuse with sexual overtones; and
5. Other analogous cases.
Light Offenses
1. Surreptitiously looking at a person’s private or worn undergarments;
2. Making sexist statements and uttering smutty jokes or sending 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;
3. Malicious leering or ogling;
4. Display of sexually offensive pictures, materials or graffiti;
5. Unwelcome sexual flirtation, advances, propositions;
6. Making offensive hand or body gestures at an employee;
7. Persistent unwanted attention with sexual overtones;
8. Unwelcome phone calls with sexual overtones causing discomfort,
embarrassment, offense or insult to the receiver; and
9. Other analogous cases.
Violations of Anti-Red Tape Act
Grave Offense
• Fixing and/or collusion with fixers in consideration of economic and/or other gain or
advantage shall be penalized by dismissal ang perpetual disqualification from public
service.

Light Offense
a. Refusal to accept application and/or request within the prescribed period or any
document being submitted by a client;
b. 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 requirement within the prescribed
period;
c. 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. Failure to render frontline services within the prescribed period on any application
and/or request without due cause;
e. Failure to give the client a written notice on the disapproval of an application or
request; and
f. Imposition of additional irrelevant requirements other than those listed in the first
notice.
THE ADMINISTRATIVE DISCIPLINARY PROCESS:

Complaint
Requisites:
a. in writing;
b. subscribed and sworn to by the complainant;
c. shall contain the following:
• full name and address of the complainant;
• full name and address of the person complained of as well as his position
and office;
• a narration of the relevant and material facts which show the acts or
omissions allegedly committed;
• certified true copies of documentary evidence and affidavits of his/her
witnesses, if any;
• certification and statement of non-forum shopping.
FORUM SHOPPING
• a deplorable practice of litigants consisting of resorting to two or more different for a
for the purpose of obtaining the same relief to increase the chances of obtaining
favorable judgment. (Collantes vs CA, GR No. 169604, March 6, 2007, 517 SCRA
561, 568)

Certification of Non-Forum Shopping

1. that he/she has not commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the best of his/her knowledge, no such other
action or claim is pending therein;

2. if there is such other pending action or claim, a complete statement of the present status
thereof; and

3. if he/she should thereafter learn that the same or similar action or claim has been filed or is
pending, he/she shall report that fact within five (5) days therefrom to the court wherein
his/her aforesaid complaint has been filed.
 SAMPLE
COMPLAINT COMPLAINT AFFIDAVIT

I, Many Money, of legal age, a resident of Barangay Forbes Park, Makati City, hereby depose and state:

1. That SUPT POORITA BABY, Special Disbursing Officer at BFP, BARMM is indebted to me in the total amount of Five Hundred Thousand Pesos (Php
500,000.00) as evidenced by her promissory note, copy of which is hereto attached together with the Questioned Document Report stating that the
signatures appearing therein belong to her;
2. That she refuses to honor her obligation despite oral and written demand, attached herewith are copies of demand letters addressed to her;
3. That she used the Php 500,000.00 that she borrowed from me to cover the shortage in her petty cash during the spot audit by COA last February 14, 2020,
attached herein is a certified copy of the COA report in support of the allegation;
4. That SUPT BABY used the petty cash to support her vices like partying and shopping with friends;
5. That SUPT BABY, a single mother, is also engaged in a romantic relationship with Mr. Covido, a widower with 3 kids. They were seen checking out
together from a hotel.

With the foregoing, it is respectfully prayed that SUPT POORITA BABY be directed by this Office to honor her obligation to me in the total amount of Five
Hundred Thousand Pesos (Php 500,000.00), exclusive of interest and be dismissed from the service for using the money of the government for her personal
expenses.

Quezon City, Metro Manila, February 29, 2020.

(sgd) Many Money

Affiant

SUBSCRIBED and SWORN to before me this 29th day of February 2020 at Quezon City, Metro Manila, affiant exhibiting to me his Driver’s License with
number I-23-456789 to expire on December 25, 2020 bearing his picture and signature as competent evidence of his person.

Doc. No. 0001

Page No. 01 NOTARY PUBLIC
Book No. I
Series of 2021.
 CERTIFICATION OF NON-FORUM SHOPPING

I have not filed any action or claim involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other pending action or claim is
pending therein.

If I should thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) days therefrom to the court or office wherein the
aforesaid complaint has been filed.

Many Money

SUBSCRIBED and SWORN to before me this 29th day of February 2020 at Quezon City, Metro
Manila, affiant exhibiting to me his Driver’s License with number I-23-456789 bearing his
picture and signature as competent evidence of his person.

Doc. No. 0002

Page No. 01 NOTARY PUBLIC
Book No. I
Series of 2021.
Anonymous Complaint

No anonymous complaint shall be entertained unless:

1. The act complained of is of public knowledge; or
2. The allegations can be verified or supported by documentary or direct
evidence.
 SAMPLE ANONYMOUS COMPLAINTS
“Nais ko pong ireklamo ang mga personnel ng BFP na humahawak sa mga bagong recruits na FO1.
Minsan po ay Nakita naming ang mga bata na minumura, pinapalo ang helmet habang suot nila ito at halos
di na po sila patulugin. Ako po ay dumaan naman po sa CAT at ROTC ngunit hindi naman po nilabag ang
aming karapatan at pinagpapahinga na kami pagpatak ng alas diyes. Ngayon lamang po ako nakakita ng
ganitong mga tactics na kung ituring ang mga bata ay mga hayop.
Minsan po ay narinig ko na may mga bata sa kanal at patubig at dun inilulublob. Ang patubig po na iyon
ay minsan may mga dumi ng hayop at patay na hayop. Maaari pong makakuha ng sakit ang bata.

Bukod po duon, tama po ba na wala silang maayos na kainan at pinauupo lamang sila sa semento na
nakabilad sa araw at duon na kumakain.

Sana po ay maaksyunan nyo ito”

Lady Anaceta
 Magandang araw po. Gusto ko sanang ireport ang hepe ng ********* Fire
Station BFP na si ************, sa kadahilanan po na hindi sya pumapasok sa
station lalo na ngayong ECQ at laging nasa bahay lang nung akoy nagpunta at
ayon sa pagtatanong ko sa munisipyo at iba sa mga taohan niya ay ganun nga
wala siya sa stasyon nung akoy nagpunta dito at kapag kami ay tumatawag sa
stasyon. Tinotolerate niya din po ang isa nilang bumbero na si ******** na hindi
pumasok, sa aking pag-iimbestiga may order ito na magreport sa
*************fire station nuong March 11, 2020 pero kahit isang beses po ay
hindi po pumasok ang nasabing bumbero. Si ************ rin po ay team leader
sa isang checkpoint pero hindi man lang ito nagduty dito. Ganun po ba ang nasa
bahay.

Concerned Citizen

The Supreme Court stresses that an anonymous complaint is always received with greater caution, originating as it does
from an unknown author. However, a complaint of such sort does not always justify its outright dismissal for being
baseless or unfounded for such complaint may easily be verified and may, without much difficulty, be substantiated and
established by other competent evidence. (Anonymous complaint against Gibson A. Araula A.M. No. 1571-CFI, February 7,
1978, 81 SCRA 483)
WHERE TO FILE THE COMPLAINT

1. Disciplining authority of the NGAs, LGUs, SUCs,

LUC, GOCCs
2. Commission Proper or CSCRO

3. CODI in case of sexual harassment cases

ACTION ON THE COMPLAINT:
1. Dismiss on technical ground (non-compliance with the
requirements);
2. Dismiss for lack of jurisdiction;
3. Refer to other agencies;
4. Issue show cause order; or
5. Determine whether the offense can be subject of
settlement.
PRELIMINARY INVESTIGATION
Mandatory proceeding undertaken to determine whether a prima
facie case exists to warrant the issuance of a formal charge/notice of
charge.

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 5 days from receipt of the
complaint which is sufficient in form and substance;
b. Ex-parte evaluation of the records;
c. Clarificatory meeting with the parties to discuss the merits of the case.
SHOW CAUSE ORDER
FORMAL CHARGE
ANSWER
Requisites and contents:
1. In writing and under oath;
2. Shall be specific and contain facts and applicable laws, if any,
including original or certified copies of documentary evidence;
and
3. Sworn statements covering testimonies of witnesses, if any.
*Failure/refusal to file answer 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.
PREVENTIVE SUSPENSION
 Not a penalty.
 Maybe issued motu proprio or on petition of the
complainant.
 Issued by proper disciplining authority.
 Upon service of formal charge or immediately thereafter.
 Appealable to the Commission.
 Executory pending appeal.
A. The charge involves:
• Dishonesty
• Oppression
• Grave misconduct
• Neglect in the performance of duty
• Other offenses punishable by dismissal from the service; or
• An administrative offense committed on its second or third instance
and the penalty is dismissal from the service; and

B. The respondent is in a position to exert undue influence or pressure

on the witnesses and/or tamper with evidence.

Maximum of 90 days in the case of NGA, GOCC, SUCs

Maximum of 60 days in the case of LGU, LUCs
FORMAL INVESTIGATION

• Conducted by the disciplining authority if merits cannot

be determined without the investigation; OR
• Respondent elects to have one.

The Commission may entrust formal investigation to lawyers of other agencies.

By mutual agreement, parties may submit case for decision based on position
papers/memoranda.
PRE-HEARING CONFERENCE
Conducted at the commencement of formal investigation for parties to agree on
the following:
1. Stipulation of facts;
2. Simplification of issues;
3. Identification/marking of evidence;
4. Limiting number of witnesses;
5. Waiver or objection to the admissibility of evidence;
6. Dates of subsequent hearings; and
7. Other matters which may aid in the prompt and just resolution of the case.

Agreement of parties during pre-hearing is binding unless the hearing officer allow the deviation in the
interest of justice.

The conduct of the pre-hearing is MANDATORY. The failure of any party to attend the pre-hearing
conference may cause the submission of the case for decision based on the available records upon
appropriate motion of the party.
CONTINUOUS HEARING

• Hearings shall be conducted on the dates set by the hearing

officer or as agreed by the parties.

• Each party may be granted one (1) postponement upon

request.

• Failure to appear in the hearing despite due notice shall

constitute waiver of right to present evidence.
PRELIMINARY MATTERS
• Hearing officer shall note the appearances of parties and shall
proceed with the reception of evidence for the complainant.
• If respondent appears without counsel respondent is deemed to
have waived his right thereto.
• Hearing officer shall place witness under oath and take note of
personal circumstances.
• Sworn statement of witness that is properly identified and
affirmed shall constitute direct testimony

APPEARANCE OF COUNSEL

The assistance of lawyers, while desirable, is not indispensable.

ORDER OF HEARING
Unless directed otherwise the order of hearing may be as
follows:

• Prosecution shall present its evidence

• Respondent shall present evidence

• There may be rebuttal or sur-rebuttal

• After presentation of evidence, parties shall formally offer

their evidence
EFFECT OF PENDENCY OF CASE

Pendency of administrative or criminal case shall not bar

respondent from promotion, other personnel actions,
claiming maternity/paternity benefits.
MITIGATING AND AGGRAVATING CIRCUMSTANCES
Except for offenses punishable by dismissal from the service, the following may be appreciated as either
mitigating or aggravating circumstance in the determination of the penalties to be imposed:
1. Physical illness;
2. Malice;
3. Time and place of offense;
4. Taking undue advantage of official position;
5. Taking undue advantage of subordinate;
6. Undue disclosure of confidential information;
7. Use of government property in the commission of the offense;
8. Habituality;
9. Offense is committed during office hours and within the premises of the office building;
10. Employment of fraudulent means to commit or conceal the offense;
11. First offense;
12. Education;
13. Length of service; and
14. Other analogous circumstances.
MANNER OF IMPOSITION
Only mitigating circumstances present – minimum penalty

No mitigating, no aggravating – medium of the penalty

Only aggravating circumstance present – maximum penalty

If both are present – will cancel each other

PENALTY FOR MULTIPLE OFFENSES
• If respondent is found guilty of TWO or MORE different
offenses, the penalty to be imposed shall be the corresponding
to the most serious charge, the rest of the charges shall be
considered aggravating.

• If respondent is found guilty of TWO or MORE

charges/counts of the same offense, the penalty shall be
imposed in the maximum regardless of the present of any
mitigating circumstance.
PENALTY OF FINE
The disciplining authority may allow payment of fine in place of suspension if any of
the following circumstances is present:

• functions/nature of office is impressed with national interest such as those involved

in maintenance of peace and order, health, safety and education
• respondent is actually discharging front line functions or those directly dealing with
the public and the human resource complement of the office is insufficient to
perform such function
• respondent committed offense without utilizing/abusing the powers of his/her
position or office
• respondent has already retired or otherwise separated from government service and
the penalty of suspension could not be served anymore, the fine maybe sourced
from accumulated leave credits or whatever benefits due to respondent
Fine in lieu of suspension is available in grave, less grave and
light offense
• if penalty is 6months or less ratio is 1 day suspension to 1 day fine

• if penalty is 6 months and 1 day conversion shall apply to suspension

of 6 months only and the remaining 1 day is deemed included

• maximum period to pay – shall not exceed 1 year from the time
resolution/decision becomes final and executory

• conversion of suspension to fine is final and executory

• failure or respondent to pay or part thereof shall cause the reversion of

penalty to suspension and respondent shall serve the original penalty
of suspension irrespective of amount already paid
Fine may be paid in installments:

1 mo – 2 mos
2 mos – 4 mos
3 mos – 6 mos
4 mos – 8 mos
5 mos – 10 mos
6 mos – 12 mos

*computed on the basis of respondent’s salary at the time the decision becomes
final and executory
 DURATION AND EFFECT OF PENALTIES
 Penalty of fine – amount shall not exceed six (6) month’s salary of
respondent and to be paid within a period not exceeding one year;
Disqualification from promotion from the same period the respondent is
fined
 Demotion – diminution of salary corresponding to the next lower salary
grade; disqualification from promotion for 1 year
 Suspension – not exceeding one (1) year; disqualification from
promotion corresponding to the period of suspension
 Dismissal – permanent separation from the service; cancellation of
eligibility, forfeiture of retirement benefits, perpetual disqualification
from holding public office, and bar from taking civil service
examinations.

 Reprimand – official rebuke; does not carry accessory penalty

 Warning/admonition – not considered a penalty
REMEDIES
1. Settlement in Administrative Cases
2. Motion for Reconsideration
3. Appeal
4. Petition for Review
5. Removal of Administrative Penalties of Disabilities
6. Contempt
Motion for Reconsideration
• Filed with the disciplining authority
• Within 15 days from receipt of adverse ruling
• Motion for extension of time to file MR is not allowed
• Timely filing of MR shall stay the execution of the decision
• Only 1 MR is allowed; if 2nd MR is filed, finality of action shall be reckoned from
denial of first MR

GROUNDS:
1. New evidence has been discovered which materially affects the decision
rendered;
2. The decision is not supported by the evidence on record;
3. Errors of law or irregularities have been committed prejudicial to the interest of
the movant.
Appeal

• Decisions of heads of departments, agencies, provinces,

cities, municipalities and other instrumentalities may be
appealed to the Commission if penalty imposed is
suspension/fine exceeding 30 days

• Should be filed within 15 days from receipt of decision

NON-DISCIPLINARY CASES
 Instances wherein no penalty is being imposed upon an
employee
 No accessory penalties
 No prior filing of formal charge
NON-DISCIPLINARY CASES
 Invalidation or Disapproval of Appointment

 Protest and Revocation of Appointments

 Correction of Personal Information in the Records of

the Commission

 Dropping from the Rolls

 Invalidation or Disapproval of Appointment
 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.
 Invalidation or Disapproval of Appointment
 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.
Invalidation or Disapproval of Appointment
 When an appointment is invalidated/ disapproved for
violation of pertinent laws such as publication
requirement pursuant to Republic Act No. 70414,
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.
 Invalidation or Disapproval of Appointment
Section 87. 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.
Invalidation or Disapproval of Appointment

Section 88. 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 ( I 5)-day
reglementary period.
Protest and Revocation of Appointments
WHO may file:Next-in-Rank Official or Employee
WHERE to file: Head of Agency (initially)

CSCRO

CSC proper

WHEN to file: 15 days from the announcement and/or

posting of appointments subject of protest
Protest and Revocation of Appointments
 An employee who holds a next-in-rank position
who is deemed the most competent and qualified
possesses an appropriate civil service eligibility,
and meets the other conditions for promotion
maybe promoted to a higher position when it
becomes vacant. (Sec.4, Rule VI, Omnibus Civil
Service Rules and Regulations )
Protest and Revocation of Appointments
 However, the appointing authority may promote an
employee who is not next-in- rank, but who
possesses superior qualifications and competence
compared to a next in rank who merely meets the
minimum requirements for the position. (Sec.4,
Rule VI, Omnibus Civil Service Rules and
Regulations)
Protest and Revocation of Appointments
 As long as the appointee is qualified the
CSC has no choice but to attest to and
respect the appointment even if it be
proved that there are others with superior
credentials (Rimonte vs. CSC 244 SCRA
504-505 )
Protest and Revocation of Appointments

Section 92. Effect on the Appointment. A protest

shalI 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.
 Protest and Revocation of Appointments

Section 94. 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.
Protest and Revocation of Appointments
Section 96. Dismissal of Protest. A protest shall be dismissed
on any of the following grounds:
a. The protestant is not qualified next-in-rank;
b. 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. No appointment has been issued; or
d. The protest is filed outside of the fifteen (15) -day
reglementary period.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)
Section 99. 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.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)
Section 100. 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.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)

Section 101. 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.
 Protest and Revocation of Appointments
(Recall of Approval/Validation of Appointment)
Section 103. 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.
 Correction of Personal Information in the
Records of the Commission
Section 104. 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 CSCRO exercising
jurisdiction, and which request shall be acted upon
within fifteen (15) days from receipt.
 Correction of Personal Information in the
Records of the Commission
 Copies of the Order or Resolution issued by
the concerned CSCRO shall be submitted to
the Integrated Management Office (IRMO)
as the repository of all personnel records
 Correction of Personal Information in the
Records of the Commission
Section 105. Required Documents
a. 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. Personal Affidavit of Discrepancy; and
c. Photocopy of documents sought to be corrected.

A filing fee shall be paid and a receipt thereof shall be attached to

the request.
Dropping from the Rolls

Section 107. 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:
Dropping from the Rolls
a. Absence Without Approved Leave
1. 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.
Dropping from the Rolls

a. Absence Without Approved Leave

2. 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.
Dropping from the Rolls
a. Absence Without Approved Leave
3. 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.
Dropping from the Rolls
b. Unsatisfactory or Poor Performance
1. 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.
Dropping from the Rolls
b. Unsatisfactory or Poor Performance
2. 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.
Dropping from the Rolls
b. Unsatisfactory or Poor Performance
3. 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.
Dropping from the Rolls

c. Physical Unfitness
1. An officer or employee who is continuously
absent for more than one (I) year by reason of
illness may be declared physically unfit to perform
his/her duties and may be consequently dropped
from the rolls.
Dropping from the Rolls
c. Physical Unfitness
2. 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.
Dropping from the Rolls
d. Mental Disorder
1. 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.
Dropping from the Rolls

d. Mental Disorder
2. 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.
NON-DISCIPLINARY CASES
Section 108. 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.
NON-DISCIPLINARY CASES

Section 109. Order of Separation through Dropping

from the Rolls; Immediately Executory. 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.
NON-DISCIPLINARY CASES
Section 110. 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.
Thank You!