Amendment to Section 84 of the Uniform Rules on Administration Cases in the Civil Service

November 24, 2006

CSC RESOLUTION NO. 062047

AMENDMENT TO SECTION 84 OF THE UNIFORM RULES ON ADMINISTRATION CASES IN THE CIVIL SERVICE (CSC Resolution No. 99-1936 dated August 31, 1999)

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 enhance rules and regulations to effectively carry out its mandate;

WHEREAS, Section 12 (11), Chapter 3, Title I, Subtitle (A), Book V of the same Code provides that the Commission shall hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it;

WHEREAS, on the basis thereof, the Commission, on August 31, 1999, promulgated the Uniform Rules on Administrative Cases in the Civil Service (CSC Resolution No. 99-1936 dated August 31, 1999;

WHEREAS, Section 84, Rule VI of the same Uniform Rules provides for the rules on the computation of any period of time prescribed by the said Rules such that, the first day shall be excluded and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next working day which is neither a Saturday, a Sunday nor a legal holiday. The same Section further provides that copies of decisions and other communications shall be served on counsel but receipt by either counsel or party shall be deemed to be a valid service and that the period to perfect a motion for reconsideration or an appeal shall be reckoned from the date of receipt of counsel or party, whichever is later.

WHEREAS, it has been the experience of the Commission that some parties to a case were confused as to the correct interpretation of the said Section such that in several instances, the Commission, in the interest of justice, is constrained to entertain the appeal despite the finality of the decision appealed from;

WHEREAS, to ensure uniform interpretation and full compliance with the rule promulgated by the Commission without however sacrificing the higher interest of justice, the Commission hereby adopts and promulgates the following rule to service as an amendment to Section 84, Rule VI of the Uniform Rules on Administrative Cases in the Civil Service (CSC Resolution No. 99-1936 dated August 31, 1999):

"Section 84. Computation of Period.— In computing any period of time prescribed by the Rules, the first day shall be excluded and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next working day which is neither a Saturday, a Sunday nor a legal holiday.

"If any party has appeared by counsel, service upon him/her of copies of decisions and other communications shall be made upon his/her counsel of record. Said service shall bind the party.

In the absence of any counsel of record, service shall be made upon the party or parties themselves.

"The period to perfect a motion for reconsideration or an appeal shall be reckoned from the date of receipt of the decision by the counsel of record, if party or parties are represented by one; or by the party or parties themselves, if not represented by a counsel."

This Resolution shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Quezon City, November 24, 2006.

(SGD.) KARINA CONSTANTINO-DAVIDChairman

(SGD.) CESAR D. BUENAFLORCommissioner

(SGD.) MARY ANN Z. FERNANDEZ-MENDOZACommissioner

Attested by:

(SGD.) JUDITH D. CHICANODirector IV

Published in The Manila Times on December 15, 2006.