Reinstatement of Personnel Preventively Suspended and Other Matters

December 2, 1988 REVENUE MEMORANDUM ORDER NO. 52-88 SUBJECT : Reinstatement of Personnel Preventively Suspended and Other Matters TO : All Revenue Personnel For the guidance of all concerned, the following rules in connection with the reinstatement of personnel preventively suspended are hereby promulgated: Under Section 42 of Presidential Decree No. 807, otherwise known as the Civil Service Decree of the Philippines, a suspended employee is entitled to reinstatement if the administrative case against him is not finally decided within the period of ninety (90) days after the date of his suspension. However, when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of delay shall not be counted in computing the period of suspension. Such being the case, it is necessary that it be first determined whether or not the delay in the disposition of the case is attributable to the respondent before he can be reinstated in the service. Accordingly, a suspended employee shall not be reinstated in office unless by specific authority of the Commissioner which shall be issued after prior determination that the period of suspension had lapsed. cd In the counting of the ninety (90) day period of suspension, the following guidelines shall be applied: 1. Where an employee is simultaneously suspended with the filing of an administrative charge against him, the investigation thereof shall be terminated and a decision thereon rendered within the period of ninety (90) days from receipt by the respondent of the charges and suspension order. 2. Under paragraph (d) of Section 38 of Presidential Decree No. 807, the administrative investigation shall be held not earlier than five (5) days nor later than ten (10) days from the date of receipt of respondent's answer and shall be finished within thirty (30) days from the filing of the charge(s). Since the respondent is normally required to answer within five (5) days from receipt of the charge(s), it will appear that the Investigator shall have only fifteen (15) days within which to finish the investigation. The investigator shall, therefore, calendar the hearings in such manner that he can terminate the investigation within the remaining fifteen (15) days. 3. If the answer is not received within the period fixed in the charge(s), the running of the period shall be interrupted up to the date of actual receipt of the said answer. cd i 4. When the respondent requests extension of time within which to file his answer and is granted, the running of the period shall be interrupted or suspended for the duration of the extension or up to the actual time respondent has filed his answer. 5. If, on the day set for the formal investigation, the respondent and/or his Counsel do not appear, or, if, for any cause, attributable to the respondent, the formal investigation is not conducted on the day set therefor, the running of the period shall be interrupted or suspended up to the date the investigation is reset. 6. If the date(s) set by the Investigator should be reset to another date(s) as requested by the respondent, the running of the ninety (90) day period shall also be interrupted or suspended counted from the date originally set by the Investigator to the date requested by the respondent. 7. Where the preventive suspension order is not made simultaneously with the filing of the charge(s), the Investigator shall determine how soon the investigation shall be commenced and thereafter a decision rendered thereon within ninety (90) days after the suspension of the employee subject to the rules enunciated herein. 8. After the lapse of the ninety (90) day period, the employee must file a written request for his reinstatement with the Commissioner, Attention: Assistant Commissioner (Inspection) , and, if it is ascertained that the delay in deciding the case is not attributable to the respondent, or otherwise, the ninety (90) day period had lapsed after applying the guidelines herein prescribed, the corresponding authority for his reinstatement shall be issued. This Order takes effect immediately. All Concerned are enjoined to be guided accordingly. BIENVENIDO A. TAN, JR. Commissioner