2017 RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE (2017 RACCS)

RESOLUTION NO.1701077

RULE 1 APPLICABILITY AND CONSTRUCTION

SECTION 1. TITLE

SECTION 2. COVERAGE

SECTION 3 CONSTRUCTION

SECTION 4. DEFINITIONS OF TERMS

a. Agency
b. Appointing Authority
c. Back Wages
d. Civil Service
e. Civil Service Commission Field Offices (CSCFOs)
f. Civil Service Commission Regional Offices (CSCROs)
g. Commission
h. Department
i. Developmental Interventions
j. Disciplining Authority
k. Employee
l. Ex-Parte
m. Fixer
n. Forum Shopping
o. Human Resource (HR)
p. Human Resource (HR) Action
q. Motu Proprio
r. Official
s. Party Adversely Affected
t. Person Complained Of
u. Prima Facie Case
v. Probationary Employee
w. Protest
x. Psychological Intervention
y. Qualified Next- In -Rank
z. Respondent
aa. Sexual Harassment
bb. Show-Cause Order
RULE 2. JURISDICTION AND VENUE OF ACTIONS

SECTION 6. REFERRAL OF CASE OR MATTER TO THE PROPER OFFICE

SECTION 7. CASES COGNIZABLE BY THE COMMISSION

A. Disciplinary

1.Decisions of CSCROs brought before it on petition for review

2.Complaints brought against CSC officials and employees both in Central Office (CO) and CSC Ros

3.complaints against officials who are not presidential appointees or elective officials

4.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.. Decisions of disciplining authorities imposing penalties not exceeding thirty-day suspension or fine
equivalent to 30 days’ salary but violating due process.

B. Non-Disciplinary

1.Decisions of department secretaries and bureau heads on human resource actions;

2.Decisions of CSCROs;

3.Request for favorable recommendation on petition for the removal of administrative penalties or
disabilities;

4.Requests for extension of service excluding presidential appointees;

5. Appeals from reassignment of public health workers and public social workers;

6.Such other analogous actions and petitions arising out of or in relation with the foregoing
enumerations

SECTION 8. CASES COGNIZABLE BY REGIONAL OFFICES

A. Disciplinary

1.Cases initiated by, or brought before, the CSCROs provided that the alleged act or omissions were
committed within the jurisdiction of the CSCROs, including fraudulent acquisition of civil service
eligibility (violation of RA 9416) and its related cases.

2. Petitions to place respondent under preventive suspension in connection with the cases pending
before the CSCROs concerned.

B. Non Disciplinary

1.Disapproval/recall of approval/ Invalidation of appointments brought before it on appeal;

2.Decisions of appointing authorities within their geographical boundaries relative to protests and other
human resource actions as well as other non-disciplinary action brought before them on appeal; and
3. Requests for corrections of information in the records of the commissions.

SECTION 9. JURISDICTION OF DISCIPLINING AUTHORITIES

DICIPLINARY CASES
RULE 3. COMPLAINT

SECTION 10. WHO MAY INITIATE

SECTION 11. REQUISITES OF A VALID COMPLAINT

SECTION 12. ANONYMOUS COMPLAINT.

SECTTION 13. WHEN AND WHERE TO FILE COMPLAINT.

SECTION 14. COMPLAINT IN SEXUAL HARASSMENT CASES

SECTION 15. JURISDICTION OF CSC OVER SEXUAL HARASSMENT CASES

SECTION 16. WITHDRAWAL OF THE COMPLAINT

SECTION 17. ACTION OF THE COMPLAINT

RULE 4 PRELIMINARY INVESTIGATIONS

SECTION 18. PRELIMINARY INVESTIGATION; DEFINITION

SECTION 19 HOW CONDUCTED

SECTION 20 DURATION OF PRELIMINARY INVESTIGATION

SECTION 21. INVESTIGATION REPORT

SECTION 22. DECISION OR RESOLUTION AFTER PRELIMINARY INVESTIGATION

RULE 5 FORMAL CHARGE/ NOTICE OF CHARGE

SECTION 23. ISSUANCE OF FORMAL CHARGE; CONTENTS

SECTION 24. NOTICE OF CHARGE

SECTION 25. PROHIBITED PLEADINGS

RULE 6 ANSWER

SECTION 26 REQUISITES AND CONTENTS

SECTION 27. FAILURE TO FILE AN ANSWER

RULE 7 PREVENTIVE SUSPENSION

SECTION 28. PREVENTIVE SUSPENSION; NATURE

SECTION 29. WHEN ISSUED; GROUNDS

SECTION 30. ALTERNATIVE OR PREVENTIVE SUSPENSION

SECTION 31 DURATION OF PREVENTIVE SUSPENSION

SECTION 32. REMEDIES FROM THE ORDER OF PREVENTIVE SUSPENSION

SECTION 33. PAYMENT OF BACK WAGES DURING PREVENTIVE SUSPENSION

RULE 8 FORMAL INVESTIGATION

Section 34 – Conduct of Formal Investigation; When Held.

 Conducted where the merits of the case cannot be decided judiciously without conducting such
investigation or when the respondent elects to have one
 Shall be held not earlier than five (5) days nor later than ten (10) days from receipt of the
respondents answer or upon the expiration of the period to answer
 Shall be finished within 30 days from the issuance of Formal Charge /Notice of Charge unless the
period is extended by the disciplining authority or its authorized representative or the
Commission in meritorious cases
 The commission may entrust the formal investigation to lawyers of other agencies pursuant to
section 113 of these rules

Section 35- 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 further
hearings

Section 36 – Pre-Hearing Conference

 Mandatory
 Failure of any party to attend the pre-hearing conference may cause the submission of the case
for decision based on available records
 Conducted for the parties to appear, consider and agree on any of the following:
 Stipulation of facts
 Simplification of issues
 Identification and marking of evidence of the parties
 Waiver of objections to admissibility of evidence
 Limiting the number of witnesses and their names
 Dates of subsequent hearings
 Others matters that may aid in the prompt and just resolution of the case
 Prosecutor who fails to appear, without justifiable reason may be liable for Neglect of Duty
 Section 37 – Continuous Hearing Until Terminated; Postponement
 Each party may be granted one (1) postponement upon oral or written request

Section 38 – Preliminary Matters

 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.

Section 39 – Appearance of counsel

 Counsel (IBP member)
 Shall orally or written state his/her full name and complete address (should not be a P.O
box address, where he/she can be served with notices and other pleadings)
 Professional Tax Receipt Number
 Attorney’s roll number, MCLE
 IBP dues receipt number
 Government lawyer/counsel
 Present an authority to practice profession
 Private prosecutor
 Allowed to appear provided that a public prosecutor shall have direct control and
supervision over the private prosecutor at all times

Section 40 – Order of Hearing

 The prosecution shall present its evidence
 The respondent shall present evidence in support of his/her defense
 There may be rebuttal or sub-rebuttal

Section 41 – Objections
 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 rules upon by
the proper disciplining authority

Section 42 – Markings
 Evidence presented by the prosecution
 Marked by letters
 Evidence presented by the respondent
 Marked by numbers

Section 43 – Issuance of Subpoena

 Subpoena ad testificandum – to compel the attendance of witnesses
 Subpoena duces tecum – for the production of documents or things
 Request for the issuance of subpoena is done seven (7) days before the scheduled hearing

Section 44 – Record of proceedings

 Take in shorthand or stenotype or any other means of recording

Section 45 – Filing of pleadings

  All pleadings filed by the parties shall copy furnished the other party with proof of service

Section 46 – Effects of Pendency of an Administrative or Criminal Case

 Except as otherwise provided by law, pendency of an administrative or criminal case shall not
disqualify respondent actions or from claiming maternity/paternity benefits.
 The release of retirement benefits of a person with pending case shall be governed by Republic
Act No. 10154

Section 47 – Formal Investigation report

 Within 15 days after the conclusion of the formal investigation, a report containing a narration of
the material facts, findings and evidence supporting said findings as well as the
recommendations shall be submitted.

RULE 9 DECISION
Section 48 – When case is Decided
 The disciplining authority shall decide the case within 30 days from receipt of the Formal
Investigation report.

Section 49 – Finality of Decisions

 A decision rendered by the disciplining authority whereby penalty of reprimand or suspension
for not more than thirty days or a fine in an amount not exceeding thirdy days salary is imposed,
shall not be appealable.

RULE 10 ADMINISTRATIVE OFFENSES AND PENALTIES

Section 50 – Classification of offenses

 Grave
 Less grave
 Light offense
 Grave offenses punishable by dismissal from the service
1. Serious dishonesty
2. Gross neglect of duty
3. Grave Misconduct
4. Being notoriously undesirable
5. Conviction of 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 fee, gift or other valuable thing in the course of official
duties
9. Contracting loans of money or other property from person with whom the office of the
employee has business relations
10. Soliciting or accepting directly or indirectly anything of monetary value in the course of
official duty
11. Nepotism
12. Disloyalty to the Republic of the Philippines and the Filipino people
  Grave offenses punishable by suspension of 6 months and 1 day to 1 year for the first offense
and dismissal from the service 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. Habitual absenteeism
6. Habitual tardiness
7. Loafing from duty during regular office hours
8. Refusal to perform official duty
9. Gross insubordination
10. Conduct prejudicial to best interest of the service
11. Directly or indirectly having financial and material interest in any transaction requiring
the approval of one’s office.
 The grave offense of inefficiency and incompetence in the performance of official duties may be
punishable by demotion.
 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 existing civil service law
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
9. Failure to resign from one’s position in the private business enterprise within 30 days from
assumption of public office
10. Engaging directly or indirectly in partisan political activities by one holding non-political
office

 Light offenses punishable by reprimand for the first offense; suspension of 1 to 30 days for the
second offense, and dismissal from the service for the third offense

1. Simple discourtesy in the course of official duties

2. Improper or unauthorized solicitation of contributions from subordinate employees
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. Willfull failure to pay just debts or failure to pay taxes due to government
10. Lobbying for personal interest or gain in legislative halls and offices without authority

Section 51 – Other offenses

 The offense of sexual harassment
 Violations of RA 9485 or Anti-Red tape Act of 2007
Section 52 – Penalty of Fine
 The disciplining authority may allow payment of fine in place of suspension if any of the
following circumstances is present:
 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
 When the respondent is actually discharging frontline functions
 When the respondent committed the offense without utilizing or abusing the powers of
his/her position or office
 When the respondent has already retired or otherwise separated from government
service
 The payment of penalty of fine in lieu of suspension shall be available in grave, less grave and
light offenses
 Maximum period to pay fine shall not exceed 1 year from the time the decision becomes final
and executory
 Failure to pay fine or part thereof shall cause the reversion to the original penalty of suspension
 Fine maybe paid in equal monthly installments
 The fine shall be paid to the agency imposing the same, computed on the basis of respondent’s
salary at the same time the decision becomes final and executory

Section 53 – Mitigating and Aggravating Circumstances

 Except for offenses punishable by dismissal from the service
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
8. Habituality
9. Offense is committed during office hours and within the premises of office
10. Employment of fraudulent means to commit or conceal the offense

Section 54 – Manner of imposition

 MINIMUM of the penalty shall be imposed where only mitigating and no aggravating
circumstances are present
 MEDIUM of the penalty shall be imposed where no mitigating and aggravating circumstances are
present
 MAXIMUM of the penalty shall be imposed where only aggravating and no mitigating
circumstances are present

Section 55 – Penalty for multiple offenses

 If the respondent is found guilty of two 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

Section 56 – Duration and effect of administrative penalties

  The penalty of dismissal shall result in the permanent separation of respondent from the service
without prejudice to criminal or civil liability
 The penalty of demotion shall result in diminution of salary corresponding to the next lower
salary grade with the same salary step
 The penalty of suspension shall result in the temporary cessation of work for a period not
exceeding 1 year.

Section 57 – Administrative Disabilities Inherent In Certain Penalties

 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.

Section 58 – Effects of exoneration on certain penalties

 In case the penalty imposed is fine, the same shall be refunded
 In case of demotion, the respondent shall be entitled to restoration of former salary grade
 In case of suspension and dismissal, the respondent shall immediately be reinstated to former
post

RULE 11 SETTLEMENT IN ADMINISTRATIVE CASES

Section 59 – Applicability
 In case of light offenses where the act is purely personal on the part of the complainant and the
person complained of and there is no apparent injury committed to the government, settlement
of offenses may be considered.

Section 60 – Guidelines
 Settlement shall be allowed only for administrative offenses where the act is purely personal
 The disciplining authority shall determine whether the offense can be the subject of settlement
 The person complained of may move for the settlement of the complaint anytime before the
issuance of formal complaint
 If the person complained for opts for settlement the disciplining authority shall issue an order
requiring the appearance of the parties
 If the settlement succeeds, a Compromise Agreement shall be executed
 The Compromise Agreement shall be binding on the parties
 A decision shall be issued by the based on the Compromise Agreement

RULE 12 MOTION FOR RECONSIDERATION IN DISCIPLINARY CASES

Section 61 – Filing
 15 days from the receipt of the decision thereof unless otherwise provided by law.
 A motion for extension of time to file a motion for reconsideration is not allowed.

Section 62 – When deemed file

 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 theron by the
proper office.

Section 63 – Grounds
  New evidence has been discovered which materially affects the decision
 The decision is not supported by the evidence on record
 Errors of law or irregularities have been committed prejudicial to the interest of the movant

Section 64 – Limitation
 Only one motion for reconsideration shall be entertained

Section 65 – Effect of filing

 Within the reglementary period of 15 days

RULE 13 APPEAL IN DISCIPLINARY CASES

Section 66 – Filing
 Subject to the section 49 of these rules, decisions of disciplining authorities, imposing a penalty
exceeding thirty days suspension or fine in an amount exceeding thirty days salary, maybe
appealed to the commission within 15 days from receipt thereof.

Section 67 – When deemed file

 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.

Section 68 – Perfection of an Appeal or a Petition for review

 The petitioner shall submit
 Memorandum
 Proof of service of a copy of the memorandum to the disciplining office
 Proof of payment
 A statement or certificate of non-forum shopping

Section 69 – 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 from
being executor.

Section 70 – Effect of finding violation of due process

 The commission shall dismiss the case against the respondent and order the immediate
reinstatement of the respondent with payment of back wages

Section 71 – Petition for review of CSC RO Decisions

 Petition for review is within 15 days from the receipt of the decision

Section 72 – Petition for review of decisions of agencies

 Except in cases involving sexual harassment, a decision exonerating the respondent or dismissing
a complaint for lack of prima facie case or issuance of formal charge for lower offense is not
subject to appeal or petition for review before the commission.

Section 73 – Petition for review with the court of appeals

  A party may elevate a decision 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 – Who are entitled

 An illegally dismissed or suspended official or employee who is exonerated/reprimanded and
ordered reinstated in the service
 A respondent placed under preventive suspension, whose order of suspension was declared by
the commission as invalid

Section 75 – What are included

 Salaries
 RATA
 PERA/ACA
 Restoration of leave credits
 Loyalty award
 Aniversary bonus
 13th,14th month pay and cash gift
 Clothing allowance
 PBB
 Other similar benefits

Section 76 – Guidelines
 Computed based on the rate of salary grade of the respondent at the time of dismissal
 PERA/ACA shall be paid
 Restoration of leave credits shall be subject to annual deductions of 5 days forced leave as
required under the Omnibus Rules on Leave
 For the loyalty award, the period under which the respondent was illegally suspended should
not be considered as a gap in the service.
 Respondents who have been illegally dismissed or suspended during the milestone years shall be
entitled to the payment of anniversary bonus.
 Bonuses based on performance shall be given on the basis of the rating of the employee prior to
one’s illegal dismissal

Section 77 – Allowable deductions

 The payment of back wages shall be subjected to withholding tax, GSIS premium, PHIC
contributions and other monthly dues.
RULES 15: REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 78. 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.

 Petition procedure for a favorable recommendation for the grant of removal of administrative
penalties or disabilities:

1. Certified true copy of the decision or resolution in the disciplinary case;

2. Favorable recommendation by the disciplining authority or head of office from which
he/she was dismissed
3. Affidavit or certification from reputable members of the community
4. Proof of filling fee.

Section 79: Guidelines for the grant of favorable recommendation for the removal of administrative
penalties or disabilities.

1. 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.
2. A minimum of three (3) years should have lapsed.
3. 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 consequence of his/her act.

RULE 16: PROCEDURE FOR CONTEMPT

Section 82. 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. 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.

Section 84. 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. 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

NON-DISCIPLINARY CASES

Rule 17 INVALIDATION OR DISAPPROVAL OF APPOINTMENT

Section 86. 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.

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.
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 (15)-day reglementary period.
RULE 18 PROTEST AND REVOCATION OF APPOINTMENTS

Section 89. Protest; Who May File.

Section 90. Where to File.

Section 91. When to File.

Section 92. Effect on the Appointment.

Section 93. When Deemed Filed.

Section 94. Effect of Withdrawal of Protest.

Section 95. Transmittal of Records.

Section 96. Dismissal of Protest.

Section 97. Finality of Decision.

Section 98. Effect of Decision.

Section 99. Recall of Approval/Validation of Appointment;

Who may File.

Section 100. When and Where to File.

Section 101. Effect on the Appointment.

Section 102. 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.

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

Rule 19CORRECTION 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 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. Required Documents.

Section 106. Supporting Documents.

Rule 20 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:

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.
b. . 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.
c. 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

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.

Rule 21 REMEDIES IN NON-DISCIPLINARY CASES

Section 111. 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

Section 112. 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. 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. Illegal Termination - the employee shall be reinstated with
payment of back wages and other monetary benefits;

c. Disapproval, Invalidation, and Revocation of Appointments - the

appointee shall remain in that position.
d. Reassignment, Transfer, Detail, or Secondment – the employee
shall be restored to former position; and

Rule 22 MISCELLANEOUS PROVISIONS

Section 113. 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.

Section 114. Execution of CSC RO Decisions.

Section 115. Execution of the Decisions of the Commission

Section 116. Effect of Pendency of Petition for

Review/Certiorari with the Court.

Section 117. Non-execution of Decision.

Section 118. Computation of Period.

Section 119. Presumptive Notice; Service of Order and service

of processes.
Section 120. Reconsideration from the Commission’s
action based on presumptive notice.

Section 121. Fees and Other Charges.

RULE 23 EFFECTIVITY AND SEPARABILITY

Section 123. 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. 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. 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.
 Resolution No. 2017-1033(A)

Series of 2017

2017 Revised Rules and Regulations in Administrative Investigations

Republic Act No. 8981 – otherwise known as PRC Modernization Act of 2000

Rule 1 General Provisions

Section 1 – Title

Shall be known and cited as the “2017 Revised Rules and Regulations in
Administrative Investigations.”

Section 2 – Scope

Promulgated to aid the Commission and the Boards in the exercise of their
quasi-judicial function to conduct an investigation, hear and decide cases, and
resolve appeals involving:

a) Chairperson, Vice-Chairperson, or any Member of the board

b) Officers and employees of the commission
c) A person who is a registered and licensed professional of the Commission,
holder of special temporary permit, applicant for an examination, examinee,
applicant for registration without examination, holder of an accreditation
provider, AIPO, APO

Section 6 – Rules of Procedures

Uniformly apply to administrative investigations conducted in the Central office

and regional offices of the commission.

Section 7 – Presence of a Board Member

Presence of a member of the Board shall be required.

Section 8 – Pendency of Another Case

The Commission or the Board shall independently proceed with the

investigations.

Section 9 – Indigent Litigants

Shall be exempt from the payment of docket.

Section 10 – Contempt
 May be filed against a person who commits misbehavior or disrespect towards
the commission.

Section 11 – Consent to Electronic Service

May include the express consent to the electronic services.

Rule 2 Jurisdiction and Venue

Section 1 – Jurisdiction

Section 2 – Venue

Shall be commenced and heard at the Central Office or at the Regional Office of
the commission.

Section 3 – Change of Venue

Shall require prior approval from the Commission or the Board.

Rule 3 Pleadings and Motions

Section 1 – Forms

Shall be in two (2) legible copies

Section 2 – Prohibited Pleadings and Motions

Section 3 – Effect of Filing of a Prohibited Pleading/Motion

Shall not interrupt the running of the prescriptive period.

Section 4 – Entry of Appearance

Complainant or respondent may be represented by counsel.

Section 5 – Change of Address

The counsel shall file a notice of such change.

Section 6 – Withdrawal of Appearance

Shall be in writing with the conformity of the party represented.

Rule 4 Filing and Service of Pleadings and Motions

Section 1 – Filings of Pleadings and Motions

Shall be filed with the Legal and Investigation Division of the Central Office or
Regional Office
 Section 2 – Service of Notices, Decisions, Orders and Resolutions

May be made personally or by registered mail.

Section 3 – Affidavit of Proof of Service

Section 4 – Completeness of Service

Rule 5 Complaint

Section 1 – Complaint

Section 2 – Who May File

Section 3 – Where to File a Complaint

Section 4 – Docket and Legal Research Fees

Section 5 – Form and Contents

Section 6 – Number of Copies

Section 7 – Withdrawal of the Complaint

Rule 6 Preliminary Determination

Section 1 – Evaluation of the Complaint

Section 2 – Action on the Complaint

Rule 7 Preliminary Investigation in Motu Proprio Case

Section 1 – Preliminary Investigation

Section 2 – Evaluation of the Indorsement

Section 3 – Investigation Report

Section 4 – Cases indorsed to Regional Offices

Rule 8 Special Prosecution in Motu Proprio Cases

Section 1 – Special Prosecution

Section 2 – Formal Charge

Section 3 – Nature of Special Prosecution

Section 4 – Special Prosecution Proceedings

 Section 5 – Special Prosecution in the Regional Offices

Rule 9 Mandatory Conciliation

Section 1 – Assignment to a Conciliator

Section 2 – Conciliation Conference and Proceedings

Section 3 – Period for Conciliation Proceedings and Appearance of Parties

Shall be terminated within 30 days from the initial conciliation unless both
parties agree for an extension.

Section 4 – Mandatory Personal Appearance/Proper Authorization

Parties shall appear at all times.

Section 5 – Pre-termination of Conciliation

Section 6 – Failure to Appear in the Conciliation Proceedings

Section 7 – Compromise Agreement

Section 8 – Judgment upon Compromise

Section 9 – Confidentiality of Conciliation Proceedings

Section 10 – Termination of Conciliation

Rule 10 Summons

Section 1. Issuance of Summons.

Summons shall be issued together with the copy of the complaint or formal charge requiring the
respondent to file his counter affidavit or verified answer within fifteen (15) days from receipt
thereof.

Section 2. Service of Summons with Complaint or Formal Charge. – Summons shall be served:

 Personally
 Registered mail with address indicated in the complaint/address appearing in
the records of Commission
 Private courier in the expense of the complainant
 If he fails or refuses to claim his mail, service shall take effect upon the
expiration of five (5) days from the date he first received the notice of the
postmaster or the private courier.

Section 3. Failure to Serve Summon

  When summons is returned without being served, the complainant shall be
notified, and shall provide another address. Failure to comply within fifteen (15)
days from receipt will result in the dismissal of the case, unless complainant
shall resort to summons in publication.
 Upon second unsuccessful attempt to serve, the complaint shall be dismissed
without prejudice.

Section 4. Summons by Publication

 Summons may be served through publishing it in a newspaper in such place and

for such time as the Board may order.
 Service by publication may be proved by:
o The affidavit of the printer, his foreman or principal clerk or of the
editor, business or advertising manager, to which affidavit a copy of the
publication shall be attached
o An affidavit showing the deposit of a copy of the summons, the
complaint or formal charge
o An order for publication in the post office, postage prepaid, postage
prepaid, directed to the respondent by registered mail to his last known
address in the records of the Commission

Rule 11 Answer

Section 1. Verified Answer or Counter- Affidavit

 Shall be specific and contain material facts, including documentary evidence,

sworn statements of witnesses, if any.

Section 2. Number of copies

 2 legible copies, and a copy furnished to the complainant or counsel

Section 3. Extension of Time to File an Answer or Counter-Affidavit

 Officer may extend to file an answer which in any case shall not be more than 20
days.
 Only 1 motion extension of time shall be allowed

Section 4. Order of Default

 Shall be issued by the Board for failure of the respondent to file his verified
answer within 15 days from the receipt of summon.
 The respondents shall be entitled to notice of subsequent proceedings but shall
not be allowed to take part therein.

Section 5. Inclusion in the Control List

  Once summons is issued, the name of the respondents shall be in the
Commissions control list, and will remain there until a decision is rendered.

Rule 12. Pre-Trial

Section 1. Pre-trial Conference

 A mandatory pre-trial conference shall be set within 30 days from receipt by the
Commission or the Board of the verified answer.

Section 2. Filing of Pre-Trial Brief

 Shall be filed not less than 3 days before the date of the pre-trial conference.
o A statement of their willingness to enter into an amicable settlement,
indicating the desired terms
o A summary of admitted facts and proposed stipulation of facts
o Issues to be tried or resolved
o Documents or exhibits to be presents
o Number, names and complete address of the witness, and the substance
of their respective testimonies
o Dates of hearing
o Willingness to submit the case for decision on the basis of position
paper
o Other matters as ma aid in the prompt disposition of the case
 Failure to file the pre-trial brief within the set period of time shall have the same
effect as failure to appear at the pre-trial conference.

Section 3. Failure to Appear at Pre-trial Conference

 Failure of the complainant and his counsel to appear at the pre-trial conference
shall cause the dismissal of the case.
 Failure of the respondent and counsel shall be a cause to allow the complainant
to present evidence ex parte and for judgement to be rendered on the basis
thereon.

Section 4. Decisions As In Default, When Set Aside

Section 5. Matters to be considered

 Possibility of an amicable settlement

 Stipulation of facts
 Simplification of issues
 Identification and marking exhibits
 Limitations of the number of witnesses,
 Dates of trial which shall be completed within 90 days from the start of the
presentation of evidence by either party
 Submission of the case for decision on the basis of position paper
 Other matters for the prompt disposition of the case
 Section 6. Pre-trial Order

 Pre-trial order contains the following:

o Matters taken up in the conference
o Actions taken
o Amendments allowed to the pleadings
o Agreements or admission made by the parties as to any of the matters
considered

Section 7. Summary Judgement

 Verified position papers of both parties shall be submitted within 15 days from the date
of pre-trial conference or receipt of the order form the Board or Commission

Rule 13 Trial

Section 1. Trial

 Shall be held after notice has been served

 Hearing officer shall note the appearance of both parties, and proceed with the
reception of evidence of the complainant
 Any witness shall be placed under oath before giving testimonies
 Evidence that has not identified and marked during pre-trial conference are not allowed
to be presented, unless allowed by the Hearing officer.

Section 2. Order of Trial

 Presentation by the complainant of his evidence in support of his complaint

 Cross examination of the complainant and his witness/es, by the respondent, followed
by re-direct examination of the complainant and his witness/es and re-cross examination
by the respondent
 Presentation by the respondent of his evidence in support of his defense
 Cross examination of the respondent witness/es, by the complainant, followed by re-
direct examination of the respondent and his witness/es and re-cross examination by
the complainant

Section 3. Continuous trial until termination

Section 4. Consequences of Failure to appear at the trial

Section 5. Judicial Affidavit/s in lieu of Direct Testimonies

 The affidavit shall constitute the direct testimony of the affiant who shall be
subject to cross examination by the opposing party.

Section 6. Modes of Discovery

 Section 7. Motion for Postponement

 Shall be filed and furnished the adverse party at least 5 days prior to the hearing
to be postponed,
 Either party is granted a maximum of 2 postponements during the whole
proceedings

Section 8. One-day examination of witness rule

Section 9. Issuance of Subpoena

Section 10. Markings

 Exhibit A, B, C for the complainant

 Exhibit 1, 2, 3 for the respondent

Rule 14. Decision

Section 1. Decision

 The memorandum decision shall contain clearly and distinctly the facts, issues
and applicable laws and jurisprudence upon which they are based.
 The decision shall be in writing and signed by at least a majority of the members
of the Commission or Board.

Section 2. Motion for Reconsideration

 May file within 15 days from receipt of the decision, order or resolution.
 Only one motion for reconsideration shall be allowed
 No motion for reconsideration shall be allowed unless it is for any of the
following reason.
o Fraud, accident, mistake or excusable negligence which ordinary
prudence could not have guarded against and by reason of which the
aggrieved party has probably been impaired of his rights
o Newly discovered evidence which he could not, with reasonable
diligence, have discovered and produced at the hearing, and which if
presented would probably alter the results thereof
o Imposition of excessive penalty, or insufficiency of the evidence to
justify the decision, or the decision is against the law or not in
accordance with the facts presented

Section 3. Comment/Opposition to the Motion for Reconsideration

 May file within 15 days from receipt of a copy of the motion for reconsideration

Section 4. Period to Render Decision

  The Board shall render a decision order or resolution within 30 days from the
expiration of the period to submit memorandum decision.

Section 5. Entry of Judgement

 The date of finality of the judgement or final order shall be deemed to be the
date of its entry.
 The Book of Entries of Judgements shall be kept and maintained by the Legal
and Investigation Division under the supervision of the Chief of said division.

Section 6. Certificate of Finality

Rule 15 Imposable Penalty

Section 1. Imposable Penalty

 The Commission shall revoke or suspend the certificate of registration of any

member of the Board found guilty of charge, and require to surrender of his
certificate of registration, license and id card.
 If found guilty by the Board, the respondent professional shall be meted the
penalty of reprimand, revocation or suspension of the authority to practice.
 The penalty on a holder of special temporary permit shall be cancellation of the
special temporary permit in accordance with the applicable Professional
Regulatory Lac and Sec 7 (I) of R.A No. 8981 with a recommendation for
deportation
 The imposable penalty on an examinee shall either be the withholding or
cancellation of the results of his licensure exam, deferment of his registration or
debarment from taking a licensure exam within a specified period
 Penalty under the Civil Service law, rules and regulation shall apply in the case of
an official or employee of the Commission

Rule 16. Appeal

Section 1. Appeal; Period Non-Extendible

Section 2. Pleading Allowed on Appeal

Section 3. Appeal and Legal Research Fees

Section 4. When Appeal Deemed Filed

Section 5. Requirements of Perfection of Appeal

 Notice of appeal stating the specific material date when the decision, order or
resolution was received
 Official receipt of the appeal and legal research fees attached to the notice of
appeal
  2 legible copies of appellant’s brief or appeal memorandum which shall set forth
concisely a statement of the matter involved, the issues raised, the specification
of errors of fact or law, or both, and the arguments relied upon for the
allowance of the appeal
 Proof of service upon the adverse party.

Section 6. Evaluation and Action on Appeal

Section 7. Memorandum Decision

Section 8. Decision in Appealed Cases

Section 9. Records on Appeal

Rule 17 Execution of Decision, Order or Resolution

Section 1. Execution

Section 2. Execution by the Legal and Investigation Division

Section 3. Surrender of Certificate of Registration/Professional License and Professional

Identification Card

Rule 18. Miscellaneous Provision

Section 1. Legal Fees

Section 2. Government Exemption from Fees

Section 3. Legal Fees for Multiple Appellants

Section 4. Non-Refund of Legal Fees

Rule 19. Separability Clause

Rule 20. Repealing Clause

Rule 21. Effectivity Clause

GRIEVANCE

A grievance is a formal complaint or concern that an individual or group of individuals may have about a
particular issue, typically related to their employment, education, or other areas of life.
GRIEVANCE PROCEDURE

A grievance procedure is a series of sequential steps that provide a means for employees to appeal
unfavorable decisions, actions, or inactions, or perceived inequities—-usually resulting from disciplinary
actions—to higher levels of management.

Ex: unfair paycheck, sexual harassment, unpleasant assignment and violation of worker’s rights.

RIGHTS OF EMPLOYEES

1. Equal work opportunities for all

2. Security of tenure
3. Workdays and work hours
4. Weekly rest day
5. Wage and wage related benefits
6. Payment of wages
7. Female employees
8. Employment of children
9. Safe working conditions
10. Right to self organization and collective bargaining

PROS AND CONS OF GRIEVANCE PROCEDURE

PROS CONS
The procedure is set and formal The formal procedure may discourage employees
from complaining about minor things.
The grievance and the resulting the investigation and resolution can take a long
conclusion are documented time
The process can be transparent Endless paperwork

STEPS IN GRIEVANCE PROCEDURE