Civil Service Issuances — Memorandum Circulars Nos. 15 and 16, Series of 2009

June 2, 2009 BLGF MEMORANDUM CIRCULAR NO. 014-09 TO : All BLGF Officials and Employees Regional Directors for Local Government Finance, District Treasurers of Metropolitan Manila; Provincial, City and Municipal Treasurers and Others Concerned SUBJECT : Civil Service Issuances Memorandum Circulars Nos. 15 and 16, Series of 2009 For the information and guidance of all concerned, attached are copies of Memorandum Circulars Nos. 15 and 16, both dated May 7, 2009, of the Civil Service Commission (CSC). Memorandum Circular No. 15, informs that per Presidential Proclamation No. 591 dated March 29, 2004, the month of May has been declared as "Anti-Graft and Corruption Awareness Month". The Civil Service Commission, as one of the lead agencies in the implementation of Republic Act No. 9485 or the Anti-Red Tape Act (ARTA) of 2007 calls for the participation of government agencies in the anti-graft and corruption campaign. In support of Presidential Proclamation No. 591 and the Anti-Red Tape Act, the Commission is encouraging all government agencies and civil service servants to take part in the following activities: 1) An inspirational talk during the flag raising ceremony of agencies Existing Praise Awardee and/or retiree known for integrity and honesty to speak during the flag raising ceremony on their experiences; 2) Report fixers at the following telephone numbers: 927-4102, 927-2404 and 932-0111, and distribute anti-fixer information cards and posters; 3) Speed-up the completion of agencies' Citizen's Charters and Help Desks in consultation with stakeholders under RA 9485. On the other hand, Memorandum Circular No. 16 entitled "Prohibition on the Filing of Motion for Reconsideration on Preventive Suspension Cases", informs that: "Pursuant to CSC Resolution No. 09-0296 dated February 24, 2009, the Commission resolves to reiterate the provisions of the Omnibus Rules Implementing Book V of Executive Order (E.O.) No. 292, as well as the Uniform Rules on Administrative Cases in the Civil Service (URACCS) pertaining to Preventive Suspension and that as a remedy from such Orders, a respondent may file an Appeal with the Commission within fifteen (15) days from receipt thereof. Pending Appeal, the same shall be executory. This also applies to Orders of Preventive Suspension emanating from CSC Regional Offices. "Significantly, and toward this end, the Commission resolves to prohibit the filing of Motions for Reconsideration from the Order or Resolution ordering a Preventive Suspension. In case such Motion is filed, the same shall be denied outright and shall not stay the execution of the said Order or Resolution. Neither shall it have the effect of stopping the running of the reglementary period to appeal." The Regional Directors of this Bureau are hereby instructed to disseminate the contents of this Circular to all Provincial, City and Municipal Treasurers within their respective jurisdiction, likewise enjoining them to observe and comply with the provisions thereof. Be guided accordingly. IEHaSc (SGD.) MA. PRESENTACION R. MONTESA Executive Director ATTACHMENT Republic of the Philippines Civil Service Commission Constitution Hills, Batasang Pambansa Complex, Diliman 1126 Quezon City May 7, 2009 CSC MEMORANDUM CIRCULAR NO. 015-09 TO : All Heads of Constitutional Bodies; Departments, Bureaus, and Agencies of the National Government; Local Government Units; Government-Owned or Controlled Corporations; and State Universities and Colleges SUBJECT : Activities for the Anti-Graft and Corruption Awareness Month On March 29, 2004, Presidential Proclamation No. 591 was promulgated declaring the month of May as "Anti-Graft and Corruption Awareness Month". In this connection, the Commission enjoins government agencies to undertake programs on anti-graft and corruption. The Civil Service Commission's call for government agencies to participate in anti-graft and corruption campaign is in line with its role as one of the lead agencies in implementing Republic Act No. 9485 or the Anti-Red Tape Act (ARTA) of 2007. In support of Presidential Proclamation No. 591 and the Anti-Red Tape Act, government agencies and the 1.4 million civil servants are encouraged to take part in the following activities: 1) An inspirational talk during the flag raising ceremony of agencies Existing Praise Awardee and/or retiree known for integrity and honesty to speak during the flag raising ceremony on their experiences; 2) Report fixers at the following telephone numbers: 927-4102, 927-2404 and 932-0111, and distribute anti-fixer information cards and posters; and 3) Speed-up the completion of agencies' Citizen's Charters and Help Desks in consultation with stakeholders under R.A. 9485. cACHSE (SGD.) RICARDO L. SALUDO Chairman Republic of the Philippines Civil Service Commission Constitution Hills, Batasang Pambansa Complex, Diliman 1126 Quezon City May 7, 2009 CSC MEMORANDUM CIRCULAR NO. 016-09 TO : All Heads of Departments, Bureaus, Offices and Agencies of the National and Local Governments, Including State Universities and Colleges and Government-Owned-and Controlled Corporations with Original Charter SUBJECT : Prohibition on the Filing of Motions for Reconsideration on Preventive Suspension Cases Pursuant to CSC Resolution No. 09-0296 dated February 24, 2009, the Commission resolves to reiterate the provisions of the Omnibus Rules Implementing Book V of Executive Order (E.O.) No. 292, as well as the Uniform Rules on Administrative Cases in the Civil Service (URACCS) pertaining to Preventive Suspension and that, as a remedy from such Orders, a respondent may file an Appeal to the Commission within fifteen (15) days from receipt thereof. Pending Appeal, the same shall be executory. This also applies to Orders of Preventive Suspension emanating from CSC Regional Offices. Significantly, and toward this end, the Commission resolves to prohibit the filing of Motions for Reconsideration from the Order or Resolution ordering a Preventive Suspension. In case such Motion is filed, the same shall be denied outright and shall not stay the execution of the said Order or Resolution. Neither shall it have the effect of stopping the running of the reglementary period to appeal. Quezon City, May 7, 2009. (SGD.) RICARDO L. SALUDO Chairman Republic of the Philippines Civil Service Commission Constitution Hills, Batasang Pambansa Complex, Diliman 1126 Quezon City February 24, 2009 CSC RESOLUTION NO. 090296 RE : Prohibition on the Filing of Motion for Reconsideration on Preventive Suspension WHEREAS, the Civil Service Commission (CSC) is the constitutionally mandated central personnel agency of the government; WHEREAS, as the constitutionally mandated central personnel agency of the government, the CSC is empowered, among others, to prescribe, amend and enforce rules of procedure for carrying into effect the provisions of the civil service and other pertinent laws as well as to promulgate policies, standards and guidelines to promote efficient and effective public personnel administration; WHEREAS, the CSC is likewise tasked to discipline misfeasance and malfeasance in the government service; HEacAS WHEREAS, the Commission recognizes the need to enforce and immediately implement Orders or Resolutions for the Preventive Suspension of government employees and especially high-ranking officials, when warranted, since no less than the Supreme Court enunciates in several cases, that preventive suspension is a remedy resorted to "to prevent the accused from hampering the normal course of the investigation with his influence and authority over possible witnesses or to keep him off the records and other evidence" ( Bunye vs. Escareal, 226 SCRA 332, citing Ganzon vs. CA, 200 SCRA 271); WHEREAS, the CSC has noted the adverse and dilatory effect of the filing of Motions for Reconsideration on Orders or Resolutions for Preventive Suspension, since such motions indubitably have the effect of staying the execution of the decision sought to be reconsidered; WHEREAS, the CSC finds it of utmost imperative to formulate policy guidelines that will aid in the immediate implementation of Preventive Suspension decisions; WHEREFORE, foregoing premises considered, the CSC hereby resolves to adopt the following guidelines: 1. It reiterates the provisions of the Omnibus Rules Implementing Book V of Executive Order (E.O.) No. 292, as well as the Uniform Rules on Administrative Cases in the Civil Service (URACCS) pertaining to Preventive Suspension and that, as a remedy from such Orders, a respondent may file an Appeal with the Commission within fifteen (15) days from receipt thereof. Pending Appeal, the same shall be executory. 2. A Motion for Reconsideration from the Order of or Resolution ordering a Preventive Suspension, shall not be allowed. In case such Motion is filed, the same shall be denied outright and shall not stay the execution of the said Order or Resolution. Neither shall it have the effect of stopping the running of the reglementary period to appeal. 3. Any previous issuances of the Commission that are in conflict with this Procedural Policy are deemed modified, revised or repealed accordingly. Henceforth, no Motions for Reconsideration on Orders of or Resolutions granting Preventive Suspension, are allowed. This Policy Guidelines shall take effect after fifteen (15) days from the date of its publication in a newspaper of general circulation. cTDIaC Quezon City, February 24, 2009. (SGD.) RICARDO L. SALUDO Chairman On Leave CESAR D. BUENAFLOR Commissioner (SGD.) MARY ANN Z. FERNANDEZ-MENDOZA Commissioner Attested by: (SGD.) DOLORES B. BONIFACIO Director IV Commission Secretariat and Liaison Office