Memorandum Circular No. 19 Series of 1999Uniform Rules on Administrative Cases in the Civil Service

COVERAGEThese Rules shall apply to all cases brought before the Civil Service Commission and other government agencies, except where a special law provides otherwise.

JURISDICTION OF THE CSCThe CSC shall hear and decide administrative cases instituted by, or brought before it, directly or on appeal, including contested appointments, and shall review decisions and actions of its offices and of agencies attached to it.

The CSC shall have the final authority to pass upon the removal, separation and suspension of all officers and employees in the civil service and upon all matters relating to the conduct, discipline and efficiency of such officers and employees unless otherwise provided by the Constitution or by law.

JURISDICTION OF THE CSC PROPERDisciplinary

Decisions of CSC Regional Offices brought before it on petition for review.

Decisions of heads of departments, agencies, provinces, cities, municipalities and other instrumentalities, imposing penalties exceeding 30 days suspension or fine in an amount exceeding 30 days salary brought before it on appeal;

Complaints brought against Civil Service Commission Proper personnel;

Complaints against third level officials who are not presidential appointees;

Complaints against CSC officials and employees which are not acted upon by the agencies and such other complaints requiring direct or immediate action, in the interest of justice.

Request for transfer of venue of hearing on cases being heard by CSC Regional Offices;

Appeals from the Order of Preventive Suspension; and

Such other actions or requests involving issues arising out or in connection with the foregoing enumerations.

Non-Disciplinary

Decisions of the CSC Regional Offices brought before it;

Request for favorable recommendation on petition for executive clemency; and

Protests against the appointment, or other personnel actions, involving 3rd level officials.

JURISDICTION OF THE CSC REGIONAL OFFICESDisciplinary

Complaint initiated by, or brought before, the CSC RO provided that the alleged acts or omissions were committed within the jurisdiction of the RO, including CSC examination anomalies or irregularities and the persons complained of are employees of agencies, local or national, within said geographical areas;

Complaints involving CSC RO personnel who are appointees of said office; and

Petitions to place respondent under Preventive Suspension.

Non- Disciplinary

Disapproval of appointments brought before it on appeal;

Protest against the appointments of first level and second level employees brought before it directly or on appeal;

Request for accreditation of services and corrections of personal information in the records of the Commission; and

Decisions of national agencies and LGUs within their geographical boundaries relative to personnel actions and non-disciplinary cases brought before it on appeal.

JURISDICTION OF HEADS OF AGENCIESDisciplinary

Complaints involving their respective personnel. Their decisions shall be final in case the penalty imposed is suspension for not more than 30 days or fine in an amount not exceeding 30 days salary.

Decision of Heads of Agencies imposing a penalty of removal shall be executory only after confirmation by the Department Secretary concerned.

Non- Disciplinary

Protest against the appointments of their respective personnel. They shall have original concurrent jurisdiction with the CSC Regional Office concerned;

Complaints on personnel actions and other disciplinary actions of their respective personnel.

Disciplinary Cases Grounds for Disciplinary CasesDishonestyThe concealment or distortion of truth in a matter of fact relevant to ones office or connected with the performance of his duties;Any act which shows lack of integrity or a disposition to defraud, cheat, deceive or betray. It consists of an intent to violate the truth. Mere possession or use of such fake/spurious certificate of eligibility constitutes dishonesty.

Neglect of Duty

Careless or unintentional failure to exercise diligence in performance of official duty and including willful neglect or misfeasance and malfeasance involving failure in performance of legal duties.Neglect must either be voluntary or inadvertentMalfeasance Doing something w/c SHOULD NOT be done bec. it wrong.Misfeasance ERROR or MISTAKE in the performance of duty.Nonfeasance OMISSION to perform a duty required of the public officer.

Misconduct transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer.

The unsavory remarks, the unnecessary loss of temper, unpleasant gestures and crude mannerism against his co-court employee, a member of the opposite sex and her 2 innocent young daughters, all bespeak of grave misconduct and misbehavior which deserve disciplinary action.

Nepotism

May be committed by 1) appointing authority; 2) recommending authority; 3) chief of the bureau or office; or 4) person exercising immediate supervision over the appointee.Covers all appointments without seeking any distinction between different kinds or types of appointments (includes designation).EXCEPTIONS: Teachers, Physicians, Members of the AFP and Persons employed in a Confidential Capacity.

FalsificationMisrepresentation of a thing, fact or condition, certifying that a thing is true when it is not.

Falsification of an official document is considered as a grave offense which warrants the penalty;

In falsification or forgery, the person or persons who are or were in possession of, made use of, benefited from the forged or falsified documents are legally presumed to be the forgers ( Galan vs. Napase 208 SCRA 1).

Notoriously Undesirable

This offense is based mainly on the general reputation of an employee for being difficult to work with, due to his/her quarrelsome attitude and or repeated infractions of office rules. The focus in this offense is the totality of his conduct in office and not his liability for the individual acts.

OppressionAn act of cruelty, severity, unlawful exaction, domination or excessive use of authority.The filing of administrative charges, conduct of investigation and rendering a decision are powers conferred on a disciplinary authority. When any or all of these powers are exercised, it can not be considered as acts of oppression unless bad faith, bias, and partiality are very evident.The withholding of salary based on a reasonable ground does not constitute oppression.

Disgraceful and Immoral Conduct

An act which violates the basic norm of decency, morality and decorum. It is an act which abhors and condemns and which must be penalized when committed by a public officer.

A public official ought to be a person of high moral character and a model public servant.

Insubordination

Quality or state of being insubordinate; defiance or non-submission to authority.

Refusal to obey directives from a superior officer, which directives are presumed regular and valid.

Discourtesy

Incivility; ill manners; rudeness of behavior or language; an impolite act.

Even without using rude or impolite language, a person may still be discourteous by the tone and manner the statements were made.

Procedure in Disciplinary CasesComplaint is filed with the proper disciplining authority:It must be in writing;

Subscribed and sworn to by the complainant;

State the full names and addresses of the parties. The position and office of employment of the respondent must be included;

Narration of the relevant and material facts constituting the offense;

Certified true copies of documentary evidence and affidavits of his witness;Certification or statement of non-forum shopping.

In the absence of any one of the aforementioned requirements, the complaint shall be dismissed w/out prejudice.

Disciplining Authority requires person complained of to file counter-affidavit or comment.Order ( submit comment/counter affidavit within 3 days from receipt of the order).

Comment/counter-affidavits of the respondent and of his witnesses must be under oath

Disciplining Authority assigns case to a hearing officer to conduct Preliminary Investigation. ex parte examination of records and documents submitted by the parties;If necessary, the parties may be summoned to a conference where the investigator may profound clarificatory and other relevant questions.Within 5 days from the termination of P.I., the Investigating Officer shall submit the investigation report and the records of the case to the disciplinary authority.

If prima facie case is established during the investigation, a formal charge shall be issued by the disciplining authority. A formal investigation shall follow.

In the absence of a prima facie case, the complaint shall be dismissed.

Prima facie at first sight; on the face of itPeople vs. NuqueThe amount of evidence w/c would be sufficient to counterbalance the general presumption of innocence and warrant a conviction if not countered and controlled by evidence tending to contradict it and render it improbable, or other facts inconsistent with it.

Issuance of Formal Charge

DA may also issue an order of PREVENTIVE SUSPENSION OR REAASIGNMENT ( Muto proprio or upon petition by the complainant).

Respondent files ANSWER/Adopts former pleading/Submits additional evidence.

If the respondent does not file an answer within 5 days from receipt thereof, he shall be considered to have waived his right thereto and formal investigation may commence.

Remedies from the order of Preventive Suspension: Motion for Reconsideration with the DA or elevate the case to the CSC by way of an appeal within 15 days from receipt thereof.

When the admin case against an employee under preventive suspension is not finally decided by the DA within the period of 90 days after the date of his preventive suspension, he shall be automatically reinstated in the service.

Grounds for Preventive Suspension: 1) Dishonesty; 2) Oppression; 3) Grave misconduct; 4) Neglect in performance of duty; or 5) if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service.

Formal InvestigationDA appoints Hearing Officer.HO calls parties to a Pre-Hearing Conference.Stipulation of factsSimplication of issuesIdentification and marking of evidence of the partiesWaiver or objections to admissibility of evidenceLimiting the number of witnesses and their names Dates of subsequent hearingsOther matters as may aid in the prompt and just resolution of the case.

HO prepares and submits FORMAL INVESTIGATION REPORT to DA.DA renders his DECISION on the case.ANG TIBAY DOCTRINE ( Admin Due Process)

Right to hearing

Tribunal must consider evidence presented;

Decision must have something to support it;Evidence must be substantial;

Decision must be based on the evidence adduced at the hearing, or at least contained in the records and disclosed to the parties;

The Board or its judges must act on its or their independent consideration of the facts and the law of the case, and not simply accept the view of a subordinate in arriving at a decision;

Decision must be rendered in such a manner that the parties to the controversy can know the various issues involved and the reasons for the decision rendered.

DA renders decision (Guilty or Dismiss)Remedies if found guilty Motion for reconsideration Within 15 days from receipt of the decisionGrounds: 1) Newly discovered evidence; 2) Decision not supported by evidence; 3) Error of law, irregularities have been committed prejudicial to the interest of the movant.Stay execution of the decision.If MR is denied, the party affected by the decision may file an Appeal with the CSC within 15 days from receipt of order denying the MR.

When is an appeal deemed perfected:Notice of appealAppeal memorandumProof of serviceProof of payment of appeal feeCertificate of non-forum shopping

An appeal shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent shall be considered as having been under preventive suspension during the pendency of the appeal, if he wins the appeal.

CSC dismisses the appealPetition for review with CAIf dismissed, Petition for review with SCIf dismissed, MRClemency

Pendency of an administrative case SHALL NOT disqualify respondent for promotion or from claiming maternity/paternity benefits.

Non-Disciplinary CasesPROTESTWho may file a Protest and where to fileA qualified next-in-rank employee may file a protest with the appointing authority, orWith the CSC RO against an appointment made in favor of another who does not possess the minimum qualification requirement.However, any protest against appointments to 3rd level position shall be filed with the CSC Proper.

Forms and content of ProtestThe protest shall be subscribed and sworn to and written in clear, unequivocal and concise language. It shall contain the following:The position being contested, including its item number, correct position title and the salary per annum;The full name, office, position and salary per annum of both the protestant and the protestee;The facts and arguments constituting the grounds for the protest; andProof of payment of a filing fee of P300.00

When to file a Protest

The protest may be filed within 15 days from the issuance of the appointment or promotion;In cases where the protest is filed with the Commission, the protestant shall furnish the appointing authority, a copy of his protest and submit proof of service thereof;For this purpose, all appointment or promotions shall be duly announced and/or posted in bulletin boards or at conspicuous places in the Department Agency.

Effect of Protest on the Appointment.

A protest shall not render an appointment ineffective nor stop the approval thereof, by the CSC FO or RO, but the approval shall be subject to the final outcome of the protest.

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.

Dismissal of the Protest.

The protestant is not a qualified next-in-rank;The protest is not directed against a particular protestee but to anyone who is appointed to the position or directed to 2 or more protestees;The protest is not in accordance with the required form;The protest is filed outside the 15 day day reglementary period;Non payment of filing fee;Non submission of a certificate of non-forum shopping

Finality of Decision.

Decision on a protest case shall become final after fifteen days (15) from receipt thereof.

Available Remedies.

The decision of the RO or Bureau may be appealed initially to the Department Secretary then to the CSC RO within 15 days and finally to the Commission Proper.

In case where the protest is filed w/in the Department or Agency, the protestant may file a MR of the adverse decision, ruling or action w/in 15 days from receipt with the same agency.

In case where the protest is filed with the CSC RO, a MR may be filed with the same office within 15 days from receipt of the adverse decision then to the Commission Proper within the period.

In case the protest is finally decided against the protestee, the approval of his appointment shall be recalled and the appointment shall considered disapproved.

Other personnel and Non-Disciplinary Actions:

Separation from service due to unsatisfactory conduct or want of capacity during probationary period;Dropping from the Rolls due to AWOL;Physically or Mentally unfit;Unsatisfactory or poor performance;Action on appointment (disapproval, invalidation, recall and revocation);Demotion or termination of services.

A decision or ruling of the Department or agency may be appealed w/in 15 days from receipt thereof by the party adversely affected to the CSC RO and finally to the CSC Proper within the same period.

A MR may be filed with the same Office w/c rendered the decision or ruling w/in 15 days from receipt thereof.

Correction of personal informations in the record of the Commission.

Thank you!!!Atty. Ronnel C. SopsopOIC, Chief, Legal DivisionDENR V, Legazpi City