Jurisdiction of the Civil Service Commission Over Decisions, Orders or Actions of the Merit Systems Protection Board in Administrative Cases and Personnel Actions

January 13, 1992 REVENUE MEMORANDUM CIRCULAR NO. 08-92 SUBJECT : Jurisdiction of the Civil Service Commission Over Decisions, Orders or Actions of the Merit Systems Protection Board in Administrative Cases and Personnel Actions TO : All Revenue Officials and Employees and Others Concerned For the information and guidance of all revenue officials and employees, quoted hereunder is Civil Service Commission Memorandum Circular No. 41, s. 1991 dated November 12, 1991. "The Civil Service Commission, as a central personnel agency of the Government, is mandated by law to prescribe, amend and enforce rules and regulations to carry out provisions of Book V of Executive Order 292, otherwise known as the "Administrative Code of 1987". Due to seemingly conflicting interpretations of Section 12 (11) and Section 16 (a) (b) of Book V, E.O. 292 relative to the jurisdiction of the Commission over the decisions of Merit Systems Protection Board in administrative and protest cases and personnel actions, the Commission hereby promulgates the following guidelines: A. The following may be subject of APPEAL to the Commission: I. Administrative Cases 1.1 Where the penalty imposed by the MSPB is dismissal/separation from the service; 1.2 Where the penalty imposed by the disciplining authority is dismissal/separation from the service; II. Protest/Personnel Action 2.1 Where the position level involved is Division Chief and or above. In these instances, appeal is a matter of right on the part of the aggrieved party, however, it must be filed within 15 days from receipt of MSPB decision. B. The following may be subject of REVIEW by the Commission motu propio or by way of petition/request for review: 1. Administrative Cases: Where the penalty imposed by both the disciplining authority and the MSPB is less than or short of dismissal; 2. Protest Cases and Other Personnel Actions: Where the position level involved is below Division Chief. The grant of petition for review is discretionary on the part of the Commission. Hence, the petition may be dismissed outright for lack of merit. Errors of judgment, question of law and/or grave abuse of discretion may be raised in the petition for review. The petition for review must be filed within 15 days from receipt of MSPB Decisions. This Memorandum shall take effect fifteen (15) days from publication in a newspaper of leading circulation. (Sgd.) Patricia A. Sto. Tomas Chairman All revenue officials and employees are enjoined to give this Circular as wide a publicity as possible. (SGD.) JOSE U. ONG Commissioner of Internal Revenue