CSC Law and rules.pptx

8/9/2019 CSC Law and rules.pptx

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ISO tayo Serbisyong de Kalidad at

SiguraDOH

An Overview of

Civil Service Lawand RulesAmelita A. Arguelles, LLB, MM, DPMSupervising Administrative O cer

!uman Resource Department


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SiguraDOH

Article "#, $%&' Constitution (Pu)licAccounta)ilit*+Revised Administrative Code of $%&'( O -o. % +RA -o./'$0 1 Code of Conduct and

t2ical Standards for Pu)lic O cialsand mplo*ees

Revised Rules on Administrative Casesin t2e Civil Service (RRACCS+

Presentation Outline


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SiguraDOH

3Pu)lic o ce is a pu)lic trust . Public ofcersand employees must at all times be accountable tothe people, serve them with utmost responsibility,integrity, loyalty, and efciency, act withpatriotism and justice and lead modest lives.

The phrase 3pu)lic o ce is pu)lic trust4 re ersto a representative government, the ofcers beingmere agents and not rulers o the people, onewhere no one man or set o men has a proprietary

or contractual right to an ofce, but where everyofcer accepts ofce pursuant to the provisions olaw and holds the ofce as a trust or the people.

Art."#, $%&' Constitution (Pu)licAccounta)ilit*+


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SiguraDOH

The State shall ensure and promote the

Constitutional mandate that appointments in theCivil Service shall be made only according tomerit and 5tness.

The Civil Service Commission as the central

personnel agenc* of t2e 6overnment shalla! "stablish a career service#b! $dopt measures to promote morale, efciency,

integrity, responsiveness, and courtesy in the civil

service#c! Strengthen the merit and rewards system#d! %ntegrate all human resources development

program or all levels and ran&s# and

e! %nstitutionali'e a management climate conduciveto ublic accountabilit .

Revised Administrative Code of$%&' ( O -o. % +


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SiguraDOH

()o ofcer or employee in the Civil Service shall be

suspended or dismissed e*cept or cause asprovided )* law and after due process . The phrase ( or cause re ers to grounds ordisciplinary actions enumerated in "+ )o. - .

The procedure in administrative cases is governedby the Revised Rules on Administrative Casesin t2e Civil Service (RRACCS+ with the ules oCourt being applied in suppletory character.%nvestigation and adjudication o administrativecomplaints against appointive local ofcials andemployees as well as their suspension and removalshall be in accordance with the Civil Service /awand ules and other pertinent laws. T

he results o

such administrative investigations shall be reportedto the CSC.

Rev se A m n strat ve o e o$%&' ( O -o. % +


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SiguraDOH

%t is the policy o the State to promote a highstandard o ethics in public service. Public ofcialsand employees shall at all times be accountable tothe people and shall discharge their duties withutmost responsi)ilit*, integrit*, competence,

and lo*alt*, act wit2 patriotism and 7ustice,lead modest lives, and up2old pu)lic interestover personal interest.-orms of Conduct of Pu)lic O cials and

mplo*ees80! Commitment to public interest1 always uphold thepublic interest over and above personal interest.

! Pro essionalism 2 per orm and discharg

e duties with

the highest degree o e*cellence, pro essionalism,intelligence, and s&ill.

RA -o. /'$0 1 Code of Conduct andt2ical Standards for Pu)lic O cials andmplo*ees


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SiguraDOH

-orms of Conduct of Pu)lic O cials and mplo*ees8

5! Political )eutrality 2 provide service to everyone withoutun air discrimination and regardless o party afliation orpre erence.

6! esponsiveness to the public 2 e*tend prompt, courteousand ade7uate service to the public.

8! )ationalism and Patriotism 2 shall at all times be loyal tothe epublic and to the 9ilipino people, promote the useo locally produced goods, resources and technology andencourage application and pride o country and people.

:! Commitment to democracy 2 commit themselves to thedemocratic way o li e and values, maintain the principleo public accountability, and mani est by deeds thesupremacy o civilian authority over the mil itary

;! Simple living 2 lead modest lives appropriate to theirpositions and income.



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SiguraDOH

Duties of Pu)lic O cials and mplo*ees. %nthe per ormance o their duties, all public ofcialsand employees are under obligation to

0! $ct promptly on letters and re7uests

! Submit annual per ormance reports3! Process documents and papers e*peditiously5! $ct immediately on the public


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ISO tayo Serbisyong de Kalidad atSiguraDOH

Pro2i)ited Acts and 9ransactions. The ollowing shall

constitute prohibited acts and transactions o any public ofcialand employee0! 9inancial and material interest 2 shall not have >nancial or

material interest in any transaction re7uiring the approval otheir ofce.

! +utside employment and other activities related thereto 2 shallnota! +wn, control, manage or accept employment as ofcer, employee,

consultant, counsel, bro&er, agent, trustee or nominee in any privateenterprise regulated, supervised or licensed by their ofce unlesse*pressly allowed by law#

b! "ngage in the private practice o their pro ession unless authori'ed bythe Constitution or law, provided that such practice will not con?ict ortend to con?ict with their ofcial unctions# or

c! ecommend any person to any position in a private enterprise whichhas a regular or pending ofcial transaction with their ofce.

3! @isclosure andAor misuse oB con>dential in ormation.5 Solicitation or acce tance o i ts or an thin o monetar



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This ules shall apply to all disciplinar* andnon:disciplinar* cases brought be ore the CivilService Commission CSC!, agencies andinstrumentalities o the )ational government, localgovernment units, and government1owned orcontrolled corporations with original charterse*cept as provided by law.

The CSC shall hear and decide administrativecases instituted by or brought be ore it, directly oron appeal, including contested appointments andreview decisions and actions o its ofces and othe agencies attached to it.

Revised Rules on Administrative Casesin t2e Civil Service(RRACCS+


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Decentrali;ation of aut2orit* to decide

administrative cases8 Thus, CSC egional +fceCSC +s! are now empowered to ta&e cogni'ance o

administrative cases arising within their jurisdictionand dispose o the same up to logical conclusion,

subject only to appeal which may be ta&en to theCSC proper. 9or this purpose, the jurisdiction o theCSC proper and CSC +s were delineated as ollows

CSC Propera. Disciplinar*0. @ecisions o CSC +s brought be ore it on petition

or review#. @ecisions o heads o department s, agencies,

provinces, cities, municipalities#3. Complaints against CSC Proper personnel#



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CSC Proper

a. Disciplinar*5. Complaints against third level ofcials who are not

presidential appointee#6. Complaints against civil service ofcials and

employees which are not acted upon by theagencies and such other complaints re7uiringimmediate action, in the interest o justice#

8. e7uests or trans er o venue o hearing on cases

being heard by CSC +s#:. $ppeals rom the +rder o Preventive Suspension#

and;. Such other actions or re7uests invol ving issues

arising out o or in connection with the oregoingenumeration.



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CSC Proper). -on : Disciplinar*0. @ecisions o CSC +s brought be ore it#

. e7uests or avorable recommendation on

petition or e*ecutive clemency#3. Protest against the appointment or otherpersonnel actions involving third level ofcials#and

5. Such other analogous actions or petitions arisingout o or in relation with the oregoingenumeration.



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CSCROsa. Disciplinar*0. Complaints initiated by or brought be ore the

CSC +s provided that the alleged acts or omissionswere committed within the jurisdiction o the

egional +fce, including e*amination anomalies orirregularities and the person complained o areemployees o agencies, local or national, within thesaid geographical areas#

. Complaints involving CSC + personnel who areappointees o said ofce# and

3. Petitions to place respondent under preventivesuspension.



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CSCROs). -on : Disciplinar*0. @isapproval o appointments brought be ore it on

appeal#

. Protest against the appointments o >rst andsecond level employees brought be ore it directlyor on appeal#

3. @ecisions o national agencies and localgovernment units within their geographicalboundaries relative to personnel actions and non1disciplinary cases brought be ore it on appeal#and

5. e7uests or accreditation o se rvices andcorrection o personal in ormation in the records



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()o ofcer or employee in the Civil Service shall be

suspended or dismissed e*cept or cause asprovided )* law and after due process .

The phrase ( or cause re ers to the ollowingadministrative oed into grave, lessgrave or lig2t, depending on their gravity andeBects on the government service6rave orst oBenseor the ma*imum o 01year suspension or the 0 st oBense and dismissal rom the service or the nd oBense. "*amples o grave oBense p unishable withdismissal are

0! @ishonesty



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! Dross neglect o duty

3! Drave misconduct5! Eeing notoriously undesirable 2 is based mainly on

the general reputation o an employee or beingdifcult to wor& with, due to hisAher 7uarrelsome

attitude andAor repeated in ractions o ofce rules.6! Conviction o a crime involving moral turpitude 2

everything which is done contrary to justice,honesty, modesty or good morals.

8! 9alsi>cation o ofcial document:! Physical or mental incapacity due to immoral or

vicious habits;! "ngaging directly in partisan political activities



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-! eceiving or personal use, a ee, gi t or other

valuable thing in the course o ofcial duties whenthe same is given by any person in the hope ore*pectation o receiving a avor

0F!Contracting loans o money or property rom

persons with whom thee ofce o the employee hasbusiness relations00!)epotism and disloyalty to the epublic o the

Philippines

"*amples o 6rave O


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"*amples o 6rave O


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Less 6rave Orst oBense anddismissal or the nd oBense. "*amples are

0! Simple neglect o duty! Simple misconduct

3! Dross discourtesy in the course o ofcial duties5! Hiolation oB CS /aw and ules o serious nature6! %nsubordination8! Gabitual drun&enness:! 9ailure to >le sworn statements o assets and

liabilities;! 9ailure to resign rom his position in the private

business where there is con?ict o interest within3F days rom assumption o public ofce.



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Duration and ecation to hold public ofce.

Suspension shall be considered a gap in the service andduring that period the respondent will not be entitled to allmoney bene>ts including leave credits. Ge shall not also bepromoted during the said period.

The penalty o >ne shall be in an amount not e*ceeding

8 months salary o the respondent. The prohibition orpromotion shall be e7uivalent to the period had the penaltybeen suspension. The >ne shall be paid to the agency thatimposed the same.

The penalty o reprimand does not carry a ny accessorypenalty.



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CSC Law and rules.pptx