Amendment to Section 43, Rule II of the Uniform Rules on Administrative Cases in the Civil Service

February 7, 2007

CSC RESOLUTION NO. 070244

AMENDMENT TO SECTION 43, RULE III OF THE UNIFORM RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE

WHEREAS, Section 12 (2), Chapter 3, Title I, Subtitle (A), Book V of the Administrative Code of 1987 (Executive Order No. 292) empowers the Civil Service Commission to prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws;

WHEREAS, Section 47 (1), Chapter 6, Subtitle (A), Title I, Book V of the same Code provides that the "Commission shall decide upon appeal all administrative disciplinary cases involving imposition of a penalty of suspension for more than thirty (30) days, or fine in an amount exceeding thirty (30) days' salary, demotion in rank or salary or transfer, removal or dismissal from office".

WHEREAS, Section 47 (2), Chapter 6, Subtitle (A), Title I, Book V of the same Code likewise provides that "in case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department and finally to the Commission".

WHEREAS, the Commission, pursuant to Section 43, Rule III of CSC Resolution No. 99-1936 dated August 31, 1999 n (Uniform Rules on Administrative Cases in the Civil Service [URACCS]), has adopted the provision of the Administrative Code and provided for an appeal remedy for the decisions of bureau or office heads on administrative disciplinary cases before the department secretary, and finally to the Commission.

WHEREAS, the Administrative Code and the URACCS provide that when penalty imposed is removal from the government service, the same may become executory pending appeal only when confirmed by the department secretary concerned.

WHEREAS, the provisions of the Administrative Code and the URACCS are silent with respect to the same requirement on the decision of heads of attached agencies on administrative disciplinary cases.

WHEREAS, the Supreme Court, in the case of Fidencio Y. Beja, Sr. vs. Court of Appeals, G.R. No. 97149, March 31, 1992 (207 SCRA 689), has defined the lateral relationship between a department and the agency attached to it as mere "attachment" for purposes of policy and program coordination, thus, recognizing the independence of the latter from the control and supervision of the department secretary on its internal operations including personnel management and discipline.

WHEREFORE, to serve the broader interest of justice, the Commission hereby adopts and promulgates the following rules to serve as amendment to, and clarification of Section 43, Rule III of CSC Resolution No. 99-1936 dated August 31, 1999 (Uniform Rules on Administrative Cases in the Civil Service [URACCS]), as follows:

"Section 43. Filing of Appeals.— Decisions of heads of department, agencies, provinces, cities, municipalities and other instrumentalities imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty days salary, may be appealed to the Commission Proper within a period of fifteen (15) days from receipt thereof.

"In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department head and finally to the Commission Proper. Pending appeal, the same shall be executory except where the penalty is removal, in which case the same shall be executory only after confirmation by the Secretary concerned.

"Unless otherwise provided by law, the decision of the head of an attached agency imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty days' salary, demotion in rank or salary or transfer, removal or dismissal from office is appealable directly to the Commission Proper within a period of fifteen (15) days from receipt thereof. Pending appeal, the penalty imposed shall be executory, including the penalty of removal from the service without need for the confirmation by the department secretary to which the agency is attached. AHCTEa

"A notice of appeal including the appeal memorandum shall be filed with the appellate authority, copy furnished the disciplining office. The later shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss, with its comment, within fifteen (15) days, to the appellate authority."

This Resolution shall take effect fifteen (15) days after its publication.

Quezon City, February 07, 2007.

 

(SGD.) KARINA CONSTANTINO-DAVIDChairman

 

(SGD.) CESAR D. BUENAFLORCommissioner

 

(SGD.) MARY ANN Z. FERNANDEZ-MENDOZACommissioner

 

Attested by:

 

(SGD.) JUDITH D. CHICANODirector IV

 

n Note from the Publisher: Written as "CSC Resolution No. 99-1936 dated August 31, 1991" in the original document.

Published in The Manila Times on March 21, 2007.