MC No. 19, s.

1999

MEMORANDUM CIRCULAR

TO: ALL HEADS OF DEPARTMENTS. BUREAUS AND

AGENCIES OF THE NATIONAL AND LOCAL
GOVERNMENTS. INCLUDING GOVERNMENT-
OWNED AND CONTROLLED CORPORATIONS
WITH ORIGINAL CHARTERS AND STATE
UNIVERSITIES AND COLLEGES

SUBJECT: REVISED UNIFORM RULES ON

ADMINISTRATIVE CASES IN THE CIVIL
SERVICE
The Civil Service Commission, through Resolution No. 99-1936 dated
August 31,1999. adopted the new “Uniform Rules in Administrative Cases
in the Civil Service” which will govern the conduct of disciplinary and non-
disciplinary proceedings in administrative cases brought before this
Commission and/or other government agencies, except where special law
provides otherwise,
The said resolution was published in the Manila Standard on September
11. 1999 and thus it will take effect on September 27, 1999. In this regard,
all concerned are enjoined to follow strictly the said new Rules.
(Sgd.) CORAZON ALMA G. DE LEONChairman14 September 1999
Resolution No. 99-1936 was published Sept. 11, 1999 on pages 9-10 of
the Manila Standard.

Resolution No. 991936

Whereas, Section 12 (2), Chapter 3. Title I, Subtitle (A), Book V of
Administrative Code of 1987 (Executive Order No. 292) empowers the
Civil Service Commission to prescribe, amend and enforce 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, in part, 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; and
Whereas, the existing rules and regulations in administrative cases need
to be updated and revised to make them more responsive to the demands for
speedy, fair and judicious disposition of cases;
NOW, THEREFORE, the Commission hereby adopts and promulgates
the following rules that shall govern disciplinary and non-disciplinary
proceedings in administrative cases.

RULE IGENERAL PROVISIONS

Section 1. Title. – These Rules shall be known as the Uniform Rules on
Administrative Cases in the Civil Service.
Section 2. Coverage and Definition of Terms. – These Rules shall be
applicable to all cases brought before the Civil Service
Commission and other government agencies, except where a
special law provides otherwise.
The terms hereunder shall be construed as follows:
a. CIVIL SERVICE is the generic term which refers to all men
and women in all branches, subdivisions, instrumentalities
and agencies of the Government, including government-
owned or controlled corporations with original charters.
b. COMMISSION refers to the Civil Service Commission
(Central Office and Regional Offices).
c. COMMISSION PROPER refers to the Civil Service
Commission-Central Office.
d. CIVIL SERVICE REGIONAL OFFICES refer to the
sixteen (16) Civil Service Regional Offices and those which
may be subsequently created, each headed by a Regional
Director.
e. DEPARTMENT refers to any of the executive departments
or entities having the category of a department, including the
judiciary and the other constitutional commissions, and
offices.
f. AGENCY refers to any bureau, office, commission,
administration, board, committee, institute, corporation with
original charter, state universities and colleges, or any other
unit of the national government as well as provincial, city or
municipal government.
g. DISCIPLINING AUTHORITY refers to the person,
tribunal or body duly authorized to suspend, dismiss or
discipline officials and employees in the Civil Service.
h. APPOINTING AUTHORITY refers to the person or body
duly authorized to issue appointments in the civil service.
i. PERSONNEL ACTION refers to any action denoting the
movement or progress of personnel in the Civil Service which
shall include appointment through certification, promotion,
transfer, reinstatement, reemployment, -detail, reassignment,
secondment, demotion and separation from the service.
j. RESPONDENT refers to the person who is formally charged
by the disciplining authority.
 k. PERSON COMPLAINED OF refers to the person who is
the subject of a complaint but who is not as yet formally
charged by the disciplining authority
l. PARTY ADVERSELY AFFECTED refers to the
respondent against whom a decision in a disciplinary case has
been rendered.
m. FORUM-SHOPPING refers to the filing of an
administrative action or complaint before another agency or
any tribunal against the same party involving the same acts or
causes of action and relief.
m. QUALIFIED NEXT-IN-RANK refers to the employee who
is appointed under a permanent status to a position previously
determined to be a next-in-rank to the vacancy and who meets
the requirements for appointment thereto.
o. THIRD LEVEL refers to positions in the Career Executive
Service (CES) which include Undersecretary, Assistant
Secretary, Bureau Director, Regional Director, Assistant
Regional Director and other officers of equivalent rank.
p. PROBATIONARY EMPLOYEE refers to the employee
who is issued an original appointment and who is required to
undergo the first six (6) months of service on a probationary
status.
Section 3. Technical Rules in Administrative Investigations. –
Administrative investigations shall be conducted without
necessarily adhering strictly to the technical rules of procedure
and evidence applicable to judicial proceedings.
Section 4. Jurisdiction of the Civil Service Commission. – The Civil
Service Commission shall hear and decide administrative cases
instituted by, or brought before it, directly or on appeal, including
contested appointments, and shall review decisions and actions of
its offices and of the agencies attached to it.
Except as otherwise provided by the Constitution or by law, the
Civil Service Commission shall have the final authority to pass
upon the removal, separation and suspension of all officers and
employees in the civil service and upon all matters relating to the
conduct, discipline and efficiency of such officers and
employees.
Section 5. Jurisdiction of the Civil Service Commission Proper. – The
Civil Service Commission Proper shall have jurisdiction over the
following cases:
A. Disciplinary
1. Decisions of Civil Service Regional Offices brought
before it on petition for review;
2. Decisions of heads of departments, agencies, provinces,
 cities, municipalities and other instrumentalities, imposing
penalties exceeding thirty days suspension or fine in an
amount exceeding thirty days salary brought before it on
appeal;
3. Complaints brought against Civil Service Commission
Proper personnel;
4. Complaints against third level officials who are not
presidential appointees;
5. Complaints against Civil Service officials and employees
which are not acted upon by the agencies and such other
complaints requiring direct or immediate action, in the
interest of justice;
6. Requests for transfer of venue of hearing on cases being
heard by Civil Service Regional Offices;
7. Appeals from the Order of Preventive Suspension; and
8. Such other actions or requests involving issues arising out
of or in connection with the foregoing enumerations.
B. Non-Disciplinary
1. Decisions of Civil Service Regional Offices brought
before it;
2. Requests for favorable recommendation on petition for
executive clemency;
3. Protests against the appointment, or other personnel
actions, involving third level officials; and
4. Such other analogous actions or petitions arising out of or
in relation with the foregoing enumerations.
Section 6. Jurisdiction of Civil Service Regional Offices. – The Civil
Service Regional Offices shall have jurisdiction over the
following cases:
A. Disciplinary
1. Complaints initiated by, or brought before, the Civil
Service Regional Offices provided that the alleged acts or
omissions were committed within the jurisdiction of the
Regional Office, including Civil Service examination
anomalies or irregularities and the persons complained of
are employees of agencies, local or national, within said
geographical areas;
2. Complaints involving Civil Service Regional Office
personnel who are appointees of said office; and
3. Petitions to place respondent under Preventive Suspension.
B. Non-Disciplinary
1. Disapproval of appointments brought before it on appeal;
2. Protests against the appointments of first and second level
 employees brought before it directly or on appeal;
3. Decisions of national agencies and local government units
within their geographical boundaries relative to personnel
actions and non-disciplinary cases brought before it on
appeal; and
4. Requests for accreditation of services and corrections of
personal information in the records of the Commission.
Section 7. Jurisdiction of Heads of Agencies. – Heads of Departments,
agencies, provinces, cities, municipalities and other
instrumentalities shall have original concurrent jurisdiction, with
the Commission, over their respective officers and employees.
A. Disciplinary
1. Complaints involving their respective personnel. Their
decisions shall be final in case the penalty imposed is
suspension for not more than thirty days or fine in an
amount not exceeding thirty (30) days salary.
Decisions of Heads of Agencies imposing a penalty of
removal shall be executory only after confirmation by the
Department Secretary concerned.
B. Non-disciplinary
1. Protests against the appointments of their respective
personnel. They shall have original concurrent jurisdiction
with the Civil Service Regional Office concerned; and
2. Complaints on personnel actions and other non-disciplinary
actions of their respective personnel.

RULE II. DISCIPLINARY CASES

Section 8. Complaint. – A complaint against a civil service official or
employee shall not be given due course unless it is in writing and
subscribed and sworn to by the complainant. However, in cases
initiated by the proper disciplining authority, the complaint need
not be under oath.
No anonymous complaint shall be entertained unless there is
obvious truth or merit to the allegations therein or supported by
documentary or direct evidence, in which case the person
complained of may be required to comment.
The complaint should be written in a clear, simple and concise
language and in a systematic manner as to apprise the civil
servant concerned of the nature and cause of the accusation
against him and to enable him to intelligently prepare his defense
or answer.
The complaint shall contain the following:
a.. full name and address of the complainant;
 b. full name and address of the person complained of as well as
his position and office of employment;
c. a narration of the relevant and material facts which shows the
acts or omissions allegedly committed by the civil servant;
d. certified true copies of documentary evidence and affidavits
of his witnesses, if any; and
e. certification or statement of non-forum shopping.
In the absence of any one of the aforementioned requirements,
the complaint shall be dismissed.
Section 9. When and Where to File a Complaint. – Except when otherwise
provided for by law, an administrative complaint may be filed at
anytime with the Commission, proper heads of departments,
agencies, provinces, cities, municipalities and other
instrumentalities.
Section 10. Withdrawal of the Complaint. – The withdrawal of the
complaint does not result in its outright dismissal nor discharge
the person complained of from any administrative liability.
Where there is obvious truth or merit to the allegation in the
complaint or where there is documentary evidence that would
tend to prove the guilt of the person complained of, the same
should be given due course.
Section 11. Action on the Complaint. – Upon receipt of a complaint
which is sufficient in form and substance, the disciplining
authority shall require the person complained of to submit a
Counter-Affidavit/Comment under oath within three (3) days
from receipt.
Section 12. Preliminary Investigation. – A Preliminary Investigation
involves the ex parte examination of records and documents
submitted by the complainant and the person complained of, as
well as documents readily available from other government
offices. During said investigation, the parties are given the
opportunity to submit affidavits and counter-affidavits.
Failure of the person complained of to submit his counter
affidavit shall be considered as a waiver thereof.
Thereafter, if necessary, the parties may be summoned to a
conference where the investigator may propound clarificatory
and other relevant questions.
Upon receipt of the counter-affidavit or comment under oath, the
disciplining authority may now determine whether a prima facie
case exist to warrant the issuance of a formal charge.
A fact-finding investigation may be conducted further or prior to
the preliminary investigation for the purpose of ascertaining the
truth. A preliminary investigation necessarily includes a fact-
 finding investigation.
For this purpose, preliminary investigation may be entrusted by
the Commission to lawyers of other agencies pursuant to Section
79.
Section 13. Duration of the Investigation. – A preliminary investigation
shall commence not later than five (5) days from receipt of the
complaint by the disciplining authority and shall be terminated
within thirty (30) days thereafter.
Section 14. Investigation Report. – Within five (5) days from the
termination of the preliminary investigation, the investigating
officer shall submit the Investigation Report and the complete
records of the case to the disciplining authority.
Section 15. Decision or Resolution After Preliminary Investigation. – If
a prima facie case is established during the investigation, a
formal charge shall be issued by the disciplining authority A
formal investigation shall follow.
In the absence of a prima facie case, the complaint shall be
dismissed.
Section 16. Formal Charge. – After a finding of a prima facie case, the
disciplining authority shall formally charge the person
complained of. The formal charge shall contain a specification of
charge(s), a brief statement of material or relevant facts,
accompanied by certified true copies of the documentary
evidence, if any, sworn statements covering the testimony of
witnesses, a directive to answer the charge(s) in writing under
oath in not less than seventy-two (72) hours from receipt thereof,
an advice for the respondent to indicate in his answer whether or
not he elects a formal investigation of the charge(s), and a notice
that he is entitled to be assisted by a counsel of his choice.
If the respondent has submitted his comment and counter-
affidavits during the preliminary investigation, he shall be given
the opportunity to submit additional evidence.
The disciplining authority shall not entertain requests for
clarification, bills of particulars or motions to dismiss which are
obviously designed to delay the administrative proceedings. If
any of these pleadings are interposed by the respondent, the same
shall be considered as an answer and shall be evaluated as such.
Section 17. Answer. – The answer, which is in writing and under oath,
shall be specific and shall contain material facts and applicable
laws, if any, including documentary evidence, sworn statements
covering testimonies of witnesses, if there be any, in support of
his case. It shall also include a statement indicating whether or
not he elects a formal investigation.
Section 18. Failure to File an Answer. – If the respondent fails or refuses
to file his answer to the formal charge within five (5) days from
receipt thereof, he shall be considered to have waived his right
thereto and formal investigation may commence.
Section 19. Preventive Suspension. – Upon petition of the complainant or
motu proprio, the proper disciplining authority may issue an
order of preventive suspension upon service of the Formal
Charge, or immediately thereafter to any subordinate officer or
employee under his authority pending an investigation, if the
charge involves:
a. dishonesty;
b. oppression;
c. grave misconduct;
d. neglect in the performance of duty; or
e. if there are reasons to believe that the respondent is guilty of
charges which would warrant his removal from the service.
An order of preventive suspension may be issued to temporarily
remove the respondent from the scene of his misfeasance or
malfeasance and to preclude the possibility of exerting undue
influence or pressure on the witnesses against him or tampering
of documentary evidence on file with his Office.
In lieu of preventive suspension, for the same purpose, the proper
disciplining authority or head of office, may reassign respondent
to another unit of the agency during the formal hearings.
Section 20. Duration of Preventive Suspension. – When the
administrative case against an officer or employee under
preventive suspension is not finally decided by the disciplining
authority within the period of ninety (90) days after the date of
his preventive suspension, unless otherwise provided by special
law, he shall be automatically reinstated in the service; provided
that, when the delay in the disposition of the case is due to the
fault, negligence or petition of the respondent, the period of delay
should not be included in the counting of the 90 calendar days
period of preventive suspension. Provided further that should the
respondent be on Maternity/Paternity leave, said preventive
suspension shall be deferred or interrupted until such time that
said leave has been fully enjoyed.
Section 21. Remedies from the Order of Preventive Suspension. – The
respondent may file a motion for reconsideration with the
disciplining authority or may elevate the same to the Civil
Service Commission by way of an appeal within fifteen (15) days
from receipt thereof.
Section 22. Conduct of Formal Investigation. – Although the respondent
 does not request a formal investigation, one shall nevertheless be
conducted by the disciplining authority where from the
allegations of the complaint and the answer of the respondent,
including the supporting documents of both parties, the merits of
the case cannot be decided judiciously without conducting such
investigation. The investigation shall be held not earlier than five
(5) days nor later than ten (10) days from receipt of the
respondent’s answer. Said investigation shall be finished within
thirty (30) days from the issuance of the formal charge or the
receipt of the answer unless the period is extended by the
disciplining authority in meritorious cases.
For this purpose, the Commission may entrust the formal
investigation to lawyers of other agencies pursuant to Section 79.
Section 23. Pro-Hearing Conference. – At the commencement of the
formal investigation, the Hearing Officer may conduct a pre-
hearing conference for the parties to appear, consider and agree
on any of the following:
a. Stipulation of facts;
b. Simplification of issues;
c. Identification and marking of evidence of the parties;
d. Waiver of objections to admissibility of evidence;
e. Limiting the number of witnesses, and their names;
f. Dates of subsequent hearings; and
g. Such other matters as may aid in the prompt and just
resolution of the case.
The parties may submit position paper/memoranda and submit
the case for resolution based on the result of the pre-hearing
conference without any need for further hearings.
Section 24. Continuous Hearing Until Terminated; Postponement. –
Hearings shall be conducted on the hearing dates set by the
Hearing Officer or as agreed upon during the pre-hearing
conference.
Where no pre-hearing conference is conducted, the parties, their
counsel and witnesses, if any, shall be given a notice of at least
five (5) days before the first scheduled hearing specifying the
time, date and place of the said hearing and subsequent hearings.
Thereafter, the schedule of hearings previously set shall be
strictly followed without further notice. A party shall be granted
only three (3) postponements upon oral or written requests. A
fourth postponement may be granted only upon written request
and subject to the discretion of the disciplining authority.
If the respondent fails or refuses to appear during the scheduled
hearings despite due notice, the investigation shall proceed ex
 parte and the respondent is deemed to have waived his right to be
present and to submit evidence in his favor during those hearings.
Section 25. Preliminary Matters. – At the start of the hearing, the hearing
officer shall note the appearances of the parties and shall proceed
with the reception of evidence for the complainant.
If the respondent appears without the aid of a counsel, he shall be
deemed to have waived his right thereto.
Before taking the testimony of a witness, the hearing officer shall
place him under oath and then take his name, address, civil
status, age, and place of employment.
A sworn statement of a witness(es) properly identified and
affirmed shall constitute his direct testimony, copy furnished the
other party.
Clarificatory questions may also be asked.
Section 26. Appearance of Counsel. – Any counsel appearing before any
hearing or investigation shall manifest orally or in writing, his
appearance for either the respondent or complainant, stating his
full name, IBP receipt and exact address where he can be served
with notices and other pleadings. Any pleading or appearance of
a counsel without complying with the above stated requirements
shall not be recognized.
Section 27. Order of Hearing. – Unless the Hearing Officer directs
otherwise, the order of hearing may be as follows:
a. The prosecution shall present its evidence subject to the pre-
hearing agreement;
b. Cross-examination by the party;
c. There may be redirect and re-cross examination;
d. The respondent shall then offer evidence in support of his
defense following the same order;
e. Rebuttal and sur-rebuttal, if any.
When the presentation of evidence has been concluded, the
parties shall formally offer their evidence either orally or in
writing and thereafter objections thereto may also be made either
orally or in writing. After which, both parties may be given time
to submit their respective memorandum which in no case shall be
beyond five (5) days after the termination of the investigation.
Failure to submit the same within the given period shall be
considered a waiver thereof.
Section 28. Objections. – All objections raised during the hearing shall be
resolved by the hearing officer. However, objections that cannot
be ruled upon by the hearing officer shall be noted with the
information that the same shall be included in the memorandum
of the concerned party to be ruled upon by the proper disciplining
 authority The Hearing Officer shall accept all evidence deemed
material and relevant to the case. In case of doubt, he shall allow
the admission of evidence subject to the objection interposed
against its admission.
Section 29. Markings. – All documentary evidence or exhibits shall be
property marked by letters (A,B,C, etc.) if presented by the
complainant and by numbers (1,2,3, etc.) if presented by the
respondent. These shall form part of the complete records of the
case.
Section 30. Request for Subpoena. – If a party desires the attendance of a
witness or the production of documents, he shall make a request
for the issuance of the necessary subpoena ad testificandum
and/or subpoena duces tecum, at least three (3) days before the
scheduled hearing.
Section 31. Issuance of Subpoena. – The Hearing Officer may issue
subpoena ad testificandum to compel the attendance of witnesses
and subpoena duces tecum for the production of documents or
things.
Section 32. Records of Proceedings. – Records of the proceedings during
the formal investigation may be taken in shorthand or stenotype
or any other means of recording .
Section 33. Filing of Motions, Petitions, Appeals and Other Pleadings. –
Any motion, petition, appeal and other pleadings sent by mail
shall be deemed filed on the date shown by the postmark on the
envelope which shall be attached to the records of the case and in
case of personal delivery, the date stamped thereon by the
disciplining office.
Section 34. Effect of the Pendency of an Administrative Case. –
Pendency of an administrative case shall not disqualify
respondent for promotion or from claiming maternity/paternity
benefits.
For this purpose, a pending administrative case shall be
construed as follows:
a. When the disciplining authority has issued a formal charge; or
b. In case of a complaint filed by a private person, a prima facie
case is found to exist by the disciplining authority.
Section 35. Formal Investigation Report. – Within fifteen (15) days after
the conclusion of the formal investigation, a report containing a
narration of the material facts established during the
investigation, the findings and the evidence supporting said
findings, as well as the recommendations, shall be submitted by
the Hearing Officer with the disciplining authority. The complete
records of the case shall be attached to the Report of
 Investigation.
The complete records shall be systematically and chronologically
arranged, paged and securely bound to prevent loss. A table of
contents shall be prepared. Whoever is in-charge of the
transmittal of the complete records shall be held responsible for
any loss or suppression of pages thereof.
Section 36. When Case is Decided. – The disciplining authority shall
render his decision on the case within thirty (30) days from
receipt of the Report of Investigation.
Section 37. Finality of Decisions. – A decision rendered by heads of
agencies whereby a penalty of suspension for not more than
thirty (30) days or a fine in an amount not exceeding thirty (30)
days’ salary is imposed, shall be final and executory However, if
the penalty imposed is suspension exceeding thirty (30) days, 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.

RULE IIIREMEDIES
Section 38. Filing of Motion for Reconsideration. – 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.
Section 39. When deemed filed. – A motion for reconsideration sent by
mail shall be deemed filed on the date shown by the postmark on
the envelope which shall be attached to the records of the case
and in case of personal delivery, the date stamped thereon by the
proper office.
Section 40. Grounds for Motion for Reconsideration. – The motion for
reconsideration shall be based on any of the following:
a. New evidence has been discovered which materially affects
the decision rendered, or
b. The decision is not supported by the evidence on record, or
c. Errors of law or irregularities have been committed
prejudicial to the interest of the movant.
Section 41. Limitation. – Only one motion for reconsideration shall be
entertained.
Section 42. Effect of Filing. – 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.
Section 43. Filing of Appeals. – Decisions of heads of departments,
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.
A notice of appeal including the appeal memorandum shall be
filed with the appellate authority, copy furnished the disciplining
office. The latter 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.
Section 44. When deemed filed. – An appeal sent by mail shall be
deemed filed on the date shown by the postmark on the envelope
which shall be attached to the records of the case and in case of
personal delivery, the date stamped thereon by the proper office.
Section 45. Appeal Fee. – The appellant shall pay an appeal fee of Three
Hundred Pesos (P300.00) and a copy of the receipt thereof shall
be attached to the appeal.
Section 46. Perfection of an Appeal. – To perfect an appeal, the appellant
shall within fifteen (15) days from receipt of the decision submit
the following:
a. Notice of appeal which shall specifically state the date of the
decision appealed from and the date of receipt thereof;
b. Three (3) copies of 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;
c. Proof of service of a copy of the appeal memorandum to the
disciplining office;
d. Proof of payment of the appeal fee; and
a. A statement or certificate of non-forum shopping.”
Failure to comply with any of the above requirements within the
reglementary period shall be construed as failure to perfect an
appeal and shall cause its dismissal.
Section 47. Effect of Filing. – An appeal shall not stop the decision from
being executory, and in case the penalty is suspension or
removal, the respondent shall be considered as having been under
preventive suspension during the pendency of the appeal, in the
 event he wins the appeal.
Section 48. When Case is Remanded for Violation of Respondent’s
Right to Due Process. – If the case on appeal with the
Commission Proper is remanded to the proper disciplining
authority for further investigation, the said disciplining authority
shall finish the investigation within three (3) calendar months
from the date of receipt of the records from the Commission,
unless the investigation is delayed due to the fault, negligence or
petition of the respondent, or an extension is granted by the
Commission Proper in meritorious cases. The period of delay
shall not be included in the computation of the prescribed period.
Within fifteen (15) days from the termination of the
investigation, the disciplining authority shall render its decision.
If at the end of said period, the disciplining authority fails to
decide the case, the Commission Proper shall vacate and set aside
the appealed decision and declare respondent exonerated of the
charge. If the respondent is under preventive suspension, he shall
be immediately reinstated and shall be entitled to back salaries
and other benefits.
The Civil Service Regional Office and the Office for Legal
Affairs of the Commission Proper shall evaluate requests for the
extension of formal investigations and grant the same on
meritorious grounds. In disposing the requests, these offices shall
be guided by the principles of justice and fair play, provided, that
the extension shall not be for more than twenty (20) days.
For this purpose, the Director shall monitor the implementation
of the CSC Resolution remanding the case to the proper
disciplining authority for further investigation and to submit a
report to the Commission Proper.
Section 49. Petition for Review. – A complainant may elevate the
decision of the Civil Service Regional Office dismissing a
complaint for lack of a prima facie case before the Commission
Proper through a Petition for Review within fifteen (15) days
from the receipt of said decision.
Section 50. Petition for Review with the Court of Appeals. – A party
may elevate a decision of the Commission before the Court of
Appeals by way of a petition for review under Rule 43 of the
1997 Revised Rules of Court.
Section 51. Recommendation for an Executive Clemency. – In meritorious
cases and upon recommendation of the Commission, the
President may commute or remove administrative penalties or
disabilities imposed upon officers or employees in disciplinary
cases, subject to such terms and conditions as he may impose in
the interest of the service.
 For this purpose, a petition for a favorable recommendation for
the grant of executive clemency may be filed by a dismissed or
disciplined employee with the Commission Proper upon
submission of the following:
a. certified true copy of the decision in the disciplinary case
with a favorable recommendation by the disciplining
authority;
b. certification from reputable members of the community
where he resides to the effect that he has become a useful
member thereof;
c. proof of non-pendency of an appeal/petition for review
relative to his disciplinary case before any court/tribunal; and
d. proof of payment of Three Hundred (P300.00) Pesos.

RULE IV. PENALTIES

Section 52. Classification of Offenses. – Administrative offenses with
corresponding penalties are classified into grave, less grave or
light, depending on their gravity or depravity and effects on the
government service.
A. The following are grave offenses with their corresponding
penalties:
1. Dishonesty
1st offense – Dismissal
2. Gross Neglect of Duty
1st offense – Dismissal
3. Grave Misconduct
1st offense – Dismissal
4. Being Notoriously Undesirable
1st offense – Dismissal
5. Conviction of a crime involving moral turpitude
1st offense – Dismissal
6. Falsification of official document
1st offense – Dismissal
7. Physical or mental incapacity or disability due to immoral
or vicious habits
1st offense – Dismissal
8. Engaging directly or indirectly in partisan political
activities by one holding non-political office
1st offense – Dismissal
9. Receiving for personal use of a fee, gift or other valuable
thing in the course of official duties or in connection
therewith when such fee, gift or other valuable thing is
given by any person in the hope or expectation of
 receiving a favor or better treatment than that accorded to
other persons, or committing acts punishable under the
anti-graft laws.
1st offense – Dismissal
10. Contracting loans of money or other property from
persons with whom the office of the employee has
business relations.
1st offense – Dismissal
11. Soliciting or accepting directly or indirectly, any gift,
gratuity, favor, entertainment, loan or anything of
monetary value which in the course of his official duties
or in connection with any operation being regulated by, or
any transaction which may be affected by the functions of
his office. The propriety or impropriety of the foregoing
shall be determined by its value, kinship, or relationship
between giver and receiver and the motivation. A thing of
monetary value is one which is evidently or manifestly
excessive by its very nature.
1st offense – Dismissal
12. Nepotism
1st offense – Dismissal
13. Disloyalty to the Republic of the Philippines and to the
Filipino people
1st offense – Dismissal
14. Oppression
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
15. Disgraceful and immoral conduct
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
16. Inefficiency and incompetence in the performance of
official duties
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
17. Frequent unauthorized absences, or tardiness in reporting
for duty, loafing or frequent unauthorized absences from
duty during regular office hours
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
18. Refusal to perform official duty
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
19. Gross insubordination
 1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
20. Conduct prejudicial to the best interest of the service
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
21. Directly or indirectly having financial and material
interest in any transaction requiring the approval of his
office. Financial and material interest is defined as
pecuniary or proprietary interest by which a person will
gain or lose something.
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
22. Owning, controlling, managing or accepting employment
as officer, employee, consultant, counsel, broker, agent,
trustee, or nominee in any private enterprise regulated,
supervised or licensed by his office, unless expressly
allowed by law.
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
23. Disclosing or misusing confidential or classified
information officially known to him by reason of his
office and not made available to the public, to further his
private interests or give undue advantage to anyone, or to
prejudice the public interest.
1s1 offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
24. Obtaining or using any statement filed under the Code of
Conduct and Ethical Standards for Public Officials and
Employees for any purpose contrary to morals or public
policy or any commercial purpose other than by news and
communications media for dissemination to the general
public.
1- offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
25. Recommending any person to any position in a private
enterprise which has a regular or pending official
transaction with his office, unless such recommendation
or referral is mandated by (1) law, or (2) international
agreements, commitment and obligation, or as part of the
function of his office.
1st offense – Suspension (6 mos. 1 day to 1 year)
2nd offense – Dismissal
B. The following are less grave offenses with the corresponding
penalties:
1. Simple Neglect of Duty
1st Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
2. Simple Misconduct
1st Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
3. Gross Discourtesy in the course of official duties
1st Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
4. Violation of existing Civil Service Law and rules of
serious nature
1st Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
5. Insubordination
1st Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
6. Habitual Drunkenness
1s1 Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
7. Unfair discrimination in rendering public service due to
party affiliation or preference.
1st Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
8. Failure to file sworn statements of assets, liabilities and
net worth, and disclosure of business interest and financial
connections including those of their spouses and
unmarried children under eighteen (18) years of age living
in their households.
1st Offense – Suspension 1 mo. 1 day to 6 mos.
2nd Offense – Dismissal
9. Failure to resign from his position in the private business
enterprise within thirty (30) days from assumption of
public office when conflict of interest arises, and/or failure
to divest himself of his shareholdings or interest in private
business enterprise within sixty (60) days from
assumption of public office when conflict of interest
arises; Provided, however, that for those who are already
in the service and conflict of interest arises, the official or
employee must either resign or divest himself of said
interest within the periods hereinabove; provided,
reckoned from the date when the conflict of interest had
arisen.
1st Offense – Suspension 1 mo. 1 day to 6 mos.
 2nd Offense – Dismissal
C. The following are Light Offenses with corresponding
penalties:
1. Discourtesy in the course of official duties
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
2. Improper or unauthorized solicitation of contributions
from subordinate employees and by teachers or school
officials from school children
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
3. Violation of reasonable office rules and regulations
1st Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
4. Frequent unauthorized tardiness (Habitual Tardiness)
1st Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
5. Gambling prohibited by law
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
6. Refusal to render overtime service
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
7. Disgraceful, immoral or dishonest conduct prior to
entering the service
1st Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
8. Borrowing money by superior officers from subordinates
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
9. Lending money at usurious rates of interest.
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
10. Willful failure to pay just debts or willful failure to pay
taxes due to the government
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
The term “just debts” shall apply only to:
1. Claims adjudicated by a court of law, or
2. Claims the existence and justness of which are
admitted by the debtor.
11. Lobbying for personal interest or gain in legislative halls
and offices without authority
1st Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
12. Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases, if there is no
prior authority
1st Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
13. Failure to act promptly on letters and request within
fifteen (15) days from receipt, except as otherwise
provided in the rules implementing the Code of Conduct
and Ethical Standards for Public Officials and Employees
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
14. Failure to process documents and complete action on
documents and papers within a reasonable time from
preparation thereof, except as otherwise provided in the
rules implementing the Code of Conduct and Ethical
Standards for Public Officials and Employees
1st Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
15. Failure to attend to anyone who wants to avail himself of
the services of the office, or act promptly and
expeditiously on public transactions
1st Offense – Reprimand
2nd Offense – Suspension 1 -30 days
3rd Offense – Dismissal
16. Engaging in private practice of his profession unless
 authorized by the Constitution, law or regulation, provided
that such practice will not conflict with his official
functions.
1st Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
17. Pursuit of private business, vocation or profession without
the permission required by Civil Service rules and
regulations
1s1 Offense – Reprimand
2nd Offense – Suspension 1-30 days
3rd Offense – Dismissal
Section 53. Extenuating, Mitigating, Aggravating, or Alternative
Circumstances. – In the determination of the penalties to be
imposed, mitigating, aggravating and alternative circumstances
attendant to the commission of the offense shall be considered.
The following circumstances shall be appreciated:
a. Physical illness
b. Good faith
c. Taking undue advantage of official position
d. Taking undue advantage of subordinate
e. Undue disclosure of confidential information
f. Use of government property in the commission of the offense
g. Habituality
h. Offense is committed during office hours and within the
premises of the office or building
j. Employment of fraudulent means to commit or conceal the
offense
k. Length of service in the government
l. Education, or
m. Other analogous circumstances
Nevertheless, in the appreciation thereof, the same must be
invoked or pleaded by the proper party, otherwise, said
circumstances shall not be considered in the imposition of the
proper penalty The Commission, however, in the interest of
substantial justice may take and consider these circumstances.
Section 54. Manner of Imposition. When applicable, the imposition of
the penalty may be made in accordance with the manner
provided herein below:
a. The minimum of the penalty shall be imposed where only
mitigating and no aggravating circumstances are present.
b. The medium of the penalty shall be imposed where no
mitigating and aggravating circumstances are present.
 c. The maximum of the penalty shall be imposed where only
aggravating and no mitigating circumstances are present.
d. Where aggravating and mitigating circumstances are present,
paragraph [a] shall be applied where there are more
mitigating circumstances present; paragraph [b] shall be
applied when the circumstances equally offset each other; and
paragraph [c] shall be applied when there are more
aggravating circumstances.
Section 55. Penalty for the Most Serious Offense. If the respondent is
found guilty of two or more charges or counts, the penalty to be
imposed should be that corresponding to the most serious charge
or count and the rest shall be considered as aggravating
circumstances.
Section 56. Duration and effect of administrative penalties. – The
following rules shall govern in the imposition of administrative
penalties:
a. The penalty of dismissal shall result in the permanent
separation of the respondent from the service, with or without
prejudice to criminal or civil liability.
b. The penalty of transfer shall carry with it the sanction that
failure on the part of the respondent to seek transfer to
another office within a period of not less than ninety (90)
days, he shall be considered resigned. The penalty of transfer
may be imposed with a condition that the respondent shall be
barred from holding a position involving property or money
responsibility.
c. The penalty of demotion shall include reduction in rank, or
salary, or both.
d. The penalty of suspension shall result in the temporary
cessation of work for a period not exceeding one (1) year.
Suspension of one day or more shall be considered a gap in
the continuity of service. During the period of suspension,
respondent shall not be entitled to all money benefits
including leave credits.
e. The penalty of fine shall be in an amount not exceeding six
(6) months salary of respondent. The computation thereof
shall be based on the salary rate of the respondent when the
decision becomes final and executory.
f. The penalty of reprimand or censure shall not carry with it
any accessory penalty nor result in the temporary cessation of
work.
Section 57. Administrative Disabilities/Accessories to Administrative
Penalties.
a. Cancellation of eligibility
 b. Forfeiture of retirement benefits
c. Disqualification for reinstatement or reemployment
d. Disqualification for promotion
e. Bar from taking any Civil Service examination
Section 58. Administrative Disabilities Inherent in Certain Penalties.
a. The penalty of dismissal shall carry with it that of
cancellation of eligibility, forfeiture of retirement benefits,
and the perpetual disqualification for reemployment in the
government service, unless otherwise provided in the
decision.
b. The penalty of transfer shall carry with it disqualification for
promotion for a period of six (6) months from the date
respondent reports to the new position or station.
c. The penalty of demotion shall carry with it disqualification
for promotion at the rate of two (2) months for every step or
one (1) month for every range of salary by which he was
demoted to be computed from the date respondent reports to
the new position or station.
d. The penalty of suspension shall carry with it disqualification
for promotion corresponding to the period of suspension.
e. The penalty of fine shall carry with it disqualification for
promotion for a period twice the number of days he was
fined.
f. The penalty of fine shall be paid to the agency imposing the
same, computed on the basis of respondent’s salary at the
time the decision becomes final and executory.
g. The following are the Guidelines for the payment of fine:
1. Fines shall be paid within a period not exceeding one year
reckoned from the date the decision/resolution becomes
final and executory.
2. Fine may be paid in equal monthly installments subject to
the following schedule of payment prescribed below:
a. Fine equivalent to one (1) month salary shall be paid
within two (2) months;
b. Fine equivalent to two (2) months salary shall be paid
within four (4) months;
c. Fine equivalent to three (3) months salary shall be paid
within six (6) months;
d. Fine equivalent to four (4) months salary shall be paid
within eight (8) months;
e. Fine equivalent to five (5) months salary shall be paid
within ten (10) months;
f. Fine equivalent to six (6) months salary shall be paid
 within twelve (12) months;
3. Should the respondent fail to pay in full the fine within the
prescribed period, he shall be deemed to have failed to
serve the penalty imposed, hence, the disqualification for
promotion shall remain in effect until such time that the
fine is fully paid.
h. The penalty of reprimand shall not carry with it any of the
accessory penalties.
i. A warning or admonition shall not be considered a penalty.
Section 59. Effect of Exoneration on Certain Penalties.
a. In case the penalty imposed is a fine, the same shall be
refunded.
b. In case the penalty imposed is demotion, the exonerated
employee shall be restored to his former position without loss
of seniority rights with payment of salary differentials.
c. In case the penalty imposed is transfer, he shall immediately
be restored to his former post unless he decides otherwise. In
case there is demotion in rank, salary or status, he shall be
restored to his former rank, salary or status.
d. In case the penalty imposed is suspension, he shall
immediately be reinstated to his former post without loss of
seniority rights with payment of back salaries.
e. In case the penalty imposed is dismissal, he shall immediately
be reinstated without loss of seniority rights with payment of
back salaries.
Mandatory leave benefits shall not be charged against the
respondent’s leave credits.
The respondent who is exonerated by final judgment shall be
entitled to the leave credits for the period he had been out of the
service.

RULE VNON-DISCIPLINARY CASES

A. PROTEST
Section 60. Who may File a Protest and Where to File. – A qualified
next-in-rank employee may file a protest with the appointing
authority or with the Civil Service Regional Office against an
appointment made in favor of another who does not possess the
minimum qualification requirements.
However, any protest against appointments to third level position
shall be filed with the Commission Proper.
Section 61. Form and Content of Protest. – The protest shall be
subscribed and sworn to and written in clear, unequivocal and
 concise language. It shall contain the following:
a. the position being contested, including its item number,
correct position title and the salary per annum;
b. the full name, office, position and salary per annum of both
the protestant and the protestee;
c. the facts and arguments constituting the grounds for the
protest; and
d. proof of payment of a filing fee of Three Hundred Pesos
(P300.00).
Section 62. When to File a Protest. – The protest may be filed within
fifteen (15) days from the issuance of the appointment or
promotion. In cases where the protest is filed with the
Commission, the protestant shall furnish the appointing authority,
a copy of his protest and submit proof of service thereof.
For this purpose, all appointments or promotions shall be duly
announced and/or posted in bulletin boards or at conspicuous
places in the Department or Agency.
Section 63. Effect of Protest on the Appointment. – A protest shall not
render an appointment ineffective nor stop the approval thereof,
by the Civil Service Field or Regional Office, but the approval
shall be subject to the final outcome of the protest.
Section 64. Effect of Withdrawal of Protest. – A protest or an appeal in
this case may be withdrawn at any time as a matter of right. The
withdrawal of the protest or appeal shall terminate the protest
case.
Section 65. When Protest is Deemed Filed. – A protest is deemed filed,
in case the same is sent by mail, on the postmark date on the
envelope which shall be attached to the records of the case, and
in case of personal delivery, on the date stamped by the agency
or the Commission.
Section 66. Transmittal of Records. – In cases where the protest is filed
with the Commission, the head of department or agency shall
forward his comment and the records of the case within ten (10)
days from receipt of the copy of the protest. The records shall be
systematically and chronologically arranged, paged and securely
bound to prevent loss and shall include the following:
a. Statement of Duties or Job description of the contested
position;
b. Duly accomplished and updated personal data sheets of the
parties with certified statement of service records attached;
c. Certified copy of the protested appointment; and
d. Comparative assessment of the qualifications of the protestant
and protestee.
Section 67. Dismissal of Protest. – A protest shall be dismissed on any of
the following grounds:
a. The protestant is not a qualified next-in-rank;
b. The protest is not directed against a particular protestee but to
“anyone who is appointed to the position” or directed to two
or more protestees;
c. The protest is not in accordance with the required form as
prescribed in these Rules;
d. No appointment has been issued or the appointment has been
disapproved;
e. The protest is filed outside the 15-day reglementary period as
provided in Section 62 hereof;
f. Non-payment of the filing fee; and
g. Non-submission of a certificate of non-forum shopping.
Section 68. Finality of Decision. – Decision on a protest case shall
become final after fifteen (15) days from receipt thereof.
Section 69. Available Remedies.
a. The decision of the regional office or bureau may be appealed
initially to the Department Secretary then to the Civil Service
Regional Office within fifteen (15) days and finally to the
Commission Proper. In cases where the protest is filed within
the department or agency, the protestant may file a motion for
reconsideration of the adverse decision, ruling or action
within fifteen (15) days from receipt with the same agency.
b. In cases where the protest is filed with the Civil Service
Regional Office, a motion for reconsideration may be filed
with the same office within fifteen (15) days from the receipt
of the adverse decision then to the Commission Proper within
the same period.
The protestant shall furnish a copy of his protest to the head of
agency concerned who shall submit his comment to the Civil
Service Regional Office within ten (10) days.
Section 70. Effect of Decision. – In case the protest is finally decided
against the protestee, the approval of his appointment shall be
recalled and the appointment shall be considered disapproved.
The protestee shall be reverted to his former position, if
applicable.

B. OTHER PERSONNEL and NON-DISCIPLINARY ACTIONS

Section 71. Complaint or Appeal to the Commission. – Other personnel
actions, such as, but not limited to, separation from the service
due to unsatisfactory conduct or want of capacity during
probationary period, dropping from the rolls due to Absence
 Without Official Leave (AWOL), physically and mentally unfit,
and unsatisfactory or poor performance, action on appointments
(disapproval, invalidation, recall, and revocation), reassignment,
transfer, detail, secondment, demotion, or termination of
services, may be brought to the Commission, by way of an
appeal.
Section 72. When and Where to File.- A decision or ruling of a
department or agency may be appealed within fifteen (15) days
from receipt thereof by the party adversely affected to the Civil
Service Regional Office and finally, to the Commission Proper
within the same period.
A motion for reconsideration may be filed with the same office
which rendered the decision or ruling within fifteen (15) days
from receipt thereof.
Section 73. Requirement of Filing.- The appellant shall furnish a copy of
his appeal to the head of department or agency concerned who
shall submit his comment, together with the records, to the
Commission within ten (10) days from receipt thereof. Proof of
service of the appeal on the head of department of agency shall
be submitted with the Commission.
Section 74. Grounds for Dismissal. -An appeal involving non-
disciplinary cases shall be dismissed on any of the following
grounds:
a. The appeal is filed beyond the reglementary period;
b. The filing fee of Three Hundred (P300.00) has not been paid,
or
c. The appeal does not contain a certification of non-forum
shopping.
Section 75. Effect of Decision. – Where the Commission, on appeal, sets
aside, modifies or reverses the decision whereby an employee
was dropped from the rolls, he shall be reinstated immediately to
his former post with payment of back salaries and other money
benefits.
For this purpose, dropping from the rolls, being non-disciplinary
in nature, shall not result in the forfeiture of benefits. In case of
illegal termination, the employee shall be reinstated with
payment of back salaries. In case of disapproval, invalidation,
recall and revocation of appointments, the appointee shall be
restored to his former position without loss of seniority rights.
In case of reassignment, transfer, detail, or secondment, he shall
return to his former position.
In case of demotion in rank, salary or status, he shall be restored
to his former rank, salary, and status.
C. CORRECTION OF PERSONAL INFORMATION IN THE
RECORDS OF THE COMMISSION
Section 76. Where to file. – Requests for correction of name, date of
birth, place of birth and other personal information in the records
of the Civil Service Commission shall be filed with the Civil
Service Regional Office concerned and with the following
documents:
a. Original Certificate of Live Birth, or in its absence a court
order;
b. Affidavit of Discrepancy; and
c. Photocopy of the documents sought to be corrected.
A filing fee of One Hundred Pesos (P100.00) shall be paid and a
receipt thereof shall be attached to the request.
Section 77. Available Remedies. – In case of denial of the request for
correction of personal information, the requesting party may
within fifteen (15) days from receipt thereof, file a motion for
reconsideration with the same regional office. An appeal may
thereafter be filed with the Commission Proper within the same
period after payment of the appeal fee of Three Hundred Pesos
(P300.00).

RULE VIMISCELLANEOUS PROVISIONS

Section 78. Schedule of Filing Fees.- The following are the schedule of
fees subject to the revision from time to time when the need
arises:
a. Appeal P 300.00
b. Protest P 300.00
c. Petition for Review P 300.00
d. Complaints/appeal on other personnel and non-disciplinary
actions P 300.00
e. Favorable Recommendation for Executive Clemency P
300.00
f. Correction of Personal Information in the records of the Civil
Service Commission P 100.00
Section 79. Deputization by CSC of other lawyers.- The Commission
may deputize lawyers of other agencies and similar officials to
conduct preliminary and formal investigation and to make the
necessary report and recommendation within the period specified
in Sections 13 and 22.
Section 80. Execution of Decision. – The decisions of the Commission
Proper or its Regional Offices shall be immediately executory
after fifteen (15) days from receipt thereof, unless a motion for
reconsideration is seasonably filed, in which case the execution
 of the decision shall be held in abeyance.
Section 81. Implementation of Final Decisions. – The Civil Service
Regional Offices (CSROs) shall monitor the immediate
implementation of these decisions.
Section 82. Effect of Pendency of Petition for Review/Certiorari with
the Court. – The filing and pendency of a petition for review
with the Court of Appeals or certiorari with the Supreme Court
shall not stop the execution of the final decision of the
Commission unless the Court issues a restraining order or an
injunction.
Section 83. Non-execution of Decision. – Any officer or employee who
willfully refuses or fails to implement the final resolution,
decision, order or ruling of the Commission to the prejudice of
the public service and the affected party, may be cited in
contempt of the Commission and administratively charged with
conduct prejudicial to the best interest of the service or neglect of
duty.
Section 84. Computation of Period. – In computing any period of time
prescribed by these 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.
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. 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.
Section 85. Effectivity. -These Rules shall take effect after fifteen (15)
days from date of publication in a newspaper of general
circulation.
Section 86. Repealing Clause. – The Uniform Rules of Procedure in the
Conduct of Administrative Investigation in the Civil Service
Commission as prescribed in the CSC Resolution No. 94-0521
dated January 25, 1994, the Rules of Procedure in the Conduct of
Preliminary & Formal Investigation as prescribed by the Civil
Service Commission in its Resolution No. 92-457 dated March
24,1992, Resolution No. 89-779 as implemented by MC No. 46,
s. 1989, Sections 61 and 65 of MC 41, s. 1998, Section 9, Rule
XIV of the Omnibus Rules Implementing Book V of
Administrative Code of 1987 (EO 292), Section 2, CSC
Memorandum Circular No. 32, s. 1963, and all other office
memoranda, memorandum circulars, resolutions, rules or
regulations inconsistent with these Rules are hereby repealed or
 modified accordingly.
Quezon City, August 31, 1999.