ADMINISTRATIVE PROCEDURES IN GOVERNMENT AGENCIES
(CSC HANDBOOK: REVISED RULES ON ADMINISTRATIVE CASES IN THE
CIVIL SERVICE)
A. Synopsis
The Civil Service Commission is the premier human resource institution of the
government. Part of its constitutional mandate is to promulgate rules and
procedures relating to civil service matters, including administrative discipline of
civil servants. Pursuant to its stated mandate, the Commission has through the
years formulated the necessary procedural guidelines that would govern the
disposition of civil service cases and matters. Essentially, the need to promulgate
procedural guidelines cannot be overemphasized. They ensure a certain degree
of consistency, predictability and stability, which values are integral in upholding
the rule of law. Indeed, with rules and regulations properly laid down, there would
be less occasion for personal whims and caprices. In other words, arbitrariness
would be reduced in the decision-making process. Needless to state, the
decision-makers would be guided in their course of actions, whether it be in
deciding disciplinary cases involving their own workforce or in adjudicating
actions involving other personnel actions.
RESOLUTION
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 practices 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 includes the procedure in
administrative cases in the Civil Service.
NOW, THEREFORE, the Commission hereby adopts and promulgates
the rules concerning disciplinary and non-disciplinary proceedings in
administrative cases in the Civil Service.
B. Context
Section 1. Title. – This Rules shall be known and cited as the Revised Rules
on Administrative Cases in the Civil Service (RRACCS).
Section 2. Coverage. – This Rules shall apply to all disciplinary and non-
disciplinary administrative cases brought before the Civil Service Commission,
agencies and instrumentalities of the National Government, local government
units, and government-owned or controlled corporations with original charters
except as may be provided by law. Sexual harassment cases shall be
primarily governed by the Administrative Rules on Sexual Harassment Cases
(CSC Resolution No. 01-0940 dated May 21,
2001). This Rules shall apply suppletorily to said cases.
Section 3. Construction. – This 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 the technical rules of procedure and evidence
applicable to judicial proceedings.
Section 4. Definition of Terms. – The terms hereunder shall be construed
as follows:
a. AGENCY refers to any bureau, office, commission, administration,
board, committee, institute, corporation with original charter,
whether performing governmental or proprietary function, or any
other unit of the national government as well as provincial, city or
municipal government.
b. APPOINTING OFFICER refersto the person or body duly authorized
to issue appointments in the civil service.
c. CIVIL SERVICE is the generic term which refers to all men and
women in all branches, subdivisions, instrumentalities and agencies
of the Government, including government-owned or controlled
corporations with original charters.
d. CIVIL SERVICE COMMISSION FIELD OFFICES (CSCFOs) 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.
e. CIVIL SERVICE COMMISSION REGIONAL OFFICES (CSCROs)
refer to the sixteen (16) Civil Service Commission Regional Offices and
those that may be subsequently created, each headed by a Regional
Director.
f. COMMISSION refers to the Civil Service Commission
composed of the Chairman and two (2) Commissioners.
g. 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.
h. DISCIPLINING AUTHORITY refers to the person or body duly
authorized to impose the penalty provided for by law or rules.
i. FORUM-SHOPPING refers to the filing of several administrative
actions or complaint either simultaneously or successively before another
agency or any tribunal having jurisdiction over the case against the
same party involving the same essential facts, circumstances, acts,
causes of action or relief, and all raising substantially the same issues
either pending in, or already resolved adversely by, some other
tribunal or agency.
j. PARTY ADVERSELY AFFECTED refers to the respondent
against
whom a decision in an administrative case has been rendered or to
the disciplining authority in an appeal from a decision reversing or
modifying the original decision.
k. PERSON COMPLAINED OF refers to the person who is the
subject of a complaint but who is not yet issued a notice of charge/s or formal
charge by the disciplining authority.
l. PERSONNEL ACTION refers to any action denoting the movement
or progress of personnel in the Civil Service which shall include
appointment promotion, transfer, reinstatement, reemployment,
reappointment, detail, reassignment, secondment, demotion and
separation from the service.
m. PROBATIONARY EMPLOYEE refers to the 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).
n. RESPONDENT refers to the person who is issued a notice of
charge/s
or formal charge by the disciplining authority.
o. QUALIFIED NEXT-IN-RANK refers to the 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.
C. Problem and Resolve
One of our teachers has signed a two-year contract in our school but he
did not finish those two years and quit during his first 6 months. The teacher
had undergone breach of contract. The school was compromised because it
lacks manpower. The school, with a fixed budget, was forced to hire another
teacher, but it takes time to hire another teacher so the other high school
teachers was given additional subjects that resulted to overtime and additional
expenses. The school filed a case to the teacher but it was resolved because
the teacher promised to look for someone who can be his substitute.
D. Legal Basis
Either a teacher or a school district can breach a contract. Whether a
breach has occurred depends on the facts of the case and the terms of the
contract. Breach of contract cases between teachers and school districts arise
because a school district has terminated the employment of a teacher, even
though the teacher has not violated any of the terms of the employment
agreement. In several of these cases, a teacher has taken a leave of absence,
which did not violate the employment agreement, and the school district
terminated the teacher due to the leave of absence. Similarly, a teacher may
breach a contract by resigning from the district before the end of the contract
term (usually the end of the school year).
The usual remedy for a breach of contract between a school district and
a teacher is monetary damages. If a school district has breached a contract,
the teacher will usually receive the amount the teacher would have received
under the contract, less the amount the teacher receives (or could receive) by
attaining alternative employment. Other damages, such as the cost to the
teacher in finding other employment, may also be available. Non-monetary
remedies, such as a court requiring a school district to rehire a teacher or to
comply with contract terms, are available in some circumstances, though courts
are usually hesitant to order such remedies. If a teacher breaches a contract,
damages may be the cost to the school district for finding a replacement. Many
contracts contain provisions prescribing the amount of damages a teacher must
pay if he or she terminates employment before the end of the contract.
Jemima T. Adad
