INTRODUCTION.
1. The
old 1999 Uniform Rules on Administrative Cases in the Civil Service (cf. CSC Resolution
No. 99-1936, dated August 31, 1999, and CSC Memorandum Circular No. 19, S. 1999)
was repealed or modified accordingly
by 2011 RRACCS.
2. Sec.
2, Rule 1, of RRACCS provides that
RRACS applies to all disciplinary and nondisciplinary administrative
cases brought before the Civil Service Commission, “agencies and
instrumentalities of the National Government”, local government units,
and government-owned or controlled corporations with original charters except
as may be provided by law.
3. All
provisions in the old Departmental Rules
of the Executive Branch which are inconsistent w/ 2011 RRACCS
should be deemed void, ineffective, and ultra
vires.
4. Section
126, Rule 124, of RRACCS (Repealing
Clause) provides that the 1999 Uniform Rules on
Administrative Cases in the Civil Service (CSC Resolution No.
99-1936 dated August 31, 1999; CSC Memorandum Circular No. 19, s. 1999) and “all
other memorandum circulars, resolutions, rules or regulations inconsistent with
this Rules are hereby repealed or modified accordingly.”
CONSTRUCTION.
5. Section
3 (Construction) of RRACCS provides that RRACCS shall be “liberally construed”
in order to promote their objective in obtaining just, speedy, and inexpensive
disposition of administrative cases.
6. It also provides that administrative
investigations shall be conducted “without strict recourse to the technical rules of procedure and
evidence applicable to judicial proceedings”.
DEFINITIONS.
7. Section
4 (Definition of Terms) of RRACCS defines “AGENCY” as
referring to “any bureau, office, commission, administration, board,
committee, institute,
corporation with original charter, whether performing governmental or
proprietary function, or any other unit of the national government as well as
provincial, city or municipal government.”
8. The term “DEPARTMENT” refers to
any of the “executive departments or entities having the category of a
department, including the judiciary, legislative and the other constitutional
commissions”. (Id.).
9. “DISCIPLINING
AUTHORITY” refers to the “person
or body duly authorized to impose the penalty provided for by law or rules.”
JURISDICTION OF CSC EN BANC.
10.
Section 7 (Cases Cognizable by the Civil Service Commission) provides that the CSC shall take cognizance, inter alia, of decisions of heads of
agencies imposing penalties
exceeding thirty (30) days suspension or fine
in an amount exceeding thirty (30) days salary brought before it on appeal.
11. Section
9 (Jurisdiction of Heads of
Agencies) provides that:
11.1. The
Dept. Secretaries and heads of agencies, and other instrumentalities, shall
have original concurrent jurisdiction with the Commission
over their respective officers and employees.
11.2. They
shall take cognizance of complaints involving their respective personnel.
11.3. In
case the decision rendered by a bureau
or office head is appealable to the Commission (i.e., Dismissal), the same “may” be initially
appealed to the department and “finally” to the Commission.
11.4. Pending
appeal, the Decision shall be executory except when the penalty is removal, in which case the same shall be executory only after
confirmation by the Secretary concerned.
DECISION.
12.Section
45 (Finality of Decisions)
provides that if the penalty imposed is suspension exceeding
thirty (30) days [ie., DISMISSAL],
or fine in an amount exceeding thirty (30) days’ salary, the
same shall be final and executory after the lapse of the reglementary period
for filing “a motion for reconsideration or an appeal” and no such pleading has been filed.
12.1. The
use of the disjunctive term “OR” shows that:
(a)
The dismissed employee may or may not file a motion for
reconsideration w/ the 1st-Level Disciplining Authoirty;
(b)
The employee may directly appeal the
questioned Decision (Dismissal) to the 2nd-Level/Dept.-Level/Appellate
Disciplining Authority (Dept. Sec.) w/o first filing a motion for recon w/ the
1st-Level Disciplining Authority;
(c)
The employee may appeal the Decision of the 1st-Level
Disciplining Authority (lower than Dept. Sec. level):
·
First to the Department Secretary
·
And, finally, to the CSC En Banc;
·
Or, the employee may appeal the Decision of the
1st-Level Disciplining Authority directly to the CSC En Banc.
·
In the meantime, even while the CSC appeal is
pending [bypassing the Dept. Sec.], the he may proceed w/ his own “confirmation”
process to determine if the dismissal can be/should be executed pending
appeal w/ the CSC En Banc.
MOTION FOR
RECONSIDERATION.
13. Section
56 provides that the party adversely affected by the decision
may file a motion for reconsideration with the Disciplining Authority who rendered the same within
fifteen (15) days from receipt thereof.
13.1. A
motion
for extension of time to file a motion for reconsideration is not
allowed.
14.Section
59 provides that only one motion for
reconsideration shall be entertained.
14.1. If
a second motion for
reconsideration is filed the finality of the Decision shall be reckoned from
the denial of the first motion for reconsideration.
15. Section
60 provides that the filing
of a motion for reconsideration within the reglementary period of fifteen (15)
days shall stay the execution of the decision sought to be reconsidered.
15.1. This
refers to a decision of a 1st-Level Disciplining Authority.
15.2. The
exception is the case of a Dismissal which must first be confirmed
by the Dept. Sec. to be immediately executory pending appeal by
the employee before the CSC En Banc.
15.2.1.
Here, if the Dismissal was confirmed by the
Dept. Sec., and even if it was appealed further by the employee to the CSC En
Banc, it would be immediately executory pending such appeal.
APPEALS.
16.Section
61 provides that, subject to
Section
45, supra, decisions of Heads
of Departments, agencies, provinces, cities, municipalities and other
instrumentalities imposing a penalty exceeding
thirty (30) days suspension (i.e., Dismissal) or fine in an amount exceeding
thirty (30) days salary, may be appealed to the Commission within a period of fifteen (15) days
from receipt thereof.
17. In case
the decision rendered by a bureau or office head is appealable to the
Commission, the same
·
may be initially appealed to
the Dept. Head/Dept. Sec.;
·
and then finally to the Commission.
18.All
decisions of heads of agencies are immediately executory pending appeal before
the Commission.
19.The
decision imposing the penalty of dismissal by disciplining
authorities in departments is not immediately executory unless
confirmed by the Dept. Sec..
20.
However, the Commission may take cognizance of the appeal pending
confirmation by the Secretary.
20.1. It
seems that the “confirmation” process
before the Dept. Sec. is not equivalent to the “regular appeal” process before him.
20.2. It
seems that even if the dismissed employee directly appeals to the CSC En Banc,
by-passing the Dept. Sec., the latter may still proceed with the “confirmation” process at his level to make
the dismissal immediately executory pending appeal w/ the CSC En Banc.
21.Section
64 (Perfection of an Appeal) provides that to perfect an appeal, the
appellant shall submit three (3) copies of the following documents:
21.1. Appeal memorandum
containing the grounds relied upon for the appeal, together with the certified
true copy of the decision, resolution or order appealed from, and certified
copies of the documents or evidence.
21.1.1.
The appeal memorandum shall be filed with the appellate authority,
copy furnished the disciplining
authority.
21.1.2.
The latter (“Disciplining Authority”) shall submit
the Case Record to the Appellate Authority with his Comment,
within fifteen (15) days from receipt of the Appeal Memo.
21.2. Proof of service
of a copy of the appeal memorandum to the disciplining office;
21.3. Proof of payment of the
appeal fee; and
21.3.1.
Section 63 (Appeal Fee) provides
that the appellant shall pay an appeal fee and a copy of the official receipt
thereof shall be attached to the appeal.
21.4. A
statement or certificate
of non-forum shopping.
22.
The doctrine of LIBERALITY is applied by the CSC
En Banc here. (Sec. 64).
22.1. When
an appellant fails to comply with any of the appeal requirements within the
reglementary period, the Commission shall direct compliance within a period
of not more than ten (10) days from receipt thereof, with a warning
that failure to comply shall be construed as failure to perfect an appeal and
shall cause the dismissal of the appeal with prejudice to its refiling.
23.
Please note that the 2011 RRACCS does not require a Notice of Appeal,
unlike the old rules of some Departments.
24.
Section 65 (Effect of Filing an Appeal) provides that in Decisions requiring
confirmation the Department Secretary
(i.e., Dismissal), an appeal shall stop
the decision from being executory.
24.1. In
other words:
24.1.1.
If the penalty is Dismissal, requiring the confirmation of the Dept.
Sec., and an appeal is filed by the employee w/ the Dept. Sec., the
execution of the Dismissal is suspended pending regular appeal w/ the Dept.
Sec. or
pending his “confirmation” process.
24.1.2.
If the Dept. Sec. confirms
the Dismissal, it is immediately executory even if the employee appeals further
to the CSC en Banc.
25.
Section 66 (Remand of an Appealed Case to Agency of Origin) provides that if a formal
charge has been issued but the disciplining authority has violated
respondent-appellant’s right to procedural due process, the
Commission shall remand the
appealed case to the agency of origin for further proceedings
to be conducted within three (3) calendar months from the date of receipt of
the case records.
25.1. The
absence of the cold neutrality of
a judge destroys an employee’s rights to due process of law and to equal
protection of the law. (Cf. “Caesar’s
Wife” doctrine).
26.
After the Remand Order, if at the end of the
three (3) month period, the disciplining authority failed to conduct further
proceedings, the Commission upon motion of the respondent-appellant shall
vacate and set aside the appealed decision and declare the respondent-appellant
exonerated of the charges.
Atty. Manuel J. Laserna Jr.
