Memorandum Circular No.

19
Series of 1999

Uniform Rules on
Administrative Cases in
the Civil Service

COVERAGE
These Rules shall apply to all cases
brought before the Civil Service
Commission and other government
agencies, except where a special law
provides otherwise.

JURISDICTION OF THE
CSC
The CSC 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 agencies attached to it.

 The CSC 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 unless
otherwise
provided
by
the
Constitution or by law.

JURISDICTION OF THE CSC

PROPER
Disciplinary
Decisions of CSC Regional Offices brought
before it on petition for review.
Decisions of heads of departments,
agencies, provinces, cities, municipalities
and other instrumentalities, imposing
penalties exceeding 30 days suspension or
fine in an amount exceeding 30 days salary
brought before it on appeal;

 Complaints
brought
against
Civil
Service Commission Proper personnel;
Complaints against third level officials
who are not presidential appointees;
Complaints against CSC 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.

 Request for transfer of venue of

hearing on cases being heard by CSC
Regional Offices;
Appeals from the Order of Preventive
Suspension; and
Such other actions or requests
involving issues arising out or in
connection
with
the
foregoing
enumerations.

 Non-Disciplinary
Decisions of the CSC Regional Offices
brought before it;
Request for favorable recommendation
on petition for executive clemency; and
Protests against the appointment, or
other personnel actions, involving 3 rd
level officials.

JURISDICTION OF THE CSC

REGIONAL OFFICES
Disciplinary
Complaint initiated by, or brought before,
the CSC RO provided that the alleged
acts or omissions were committed within
the jurisdiction of the RO, including CSC
examination anomalies or irregularities
and the persons complained of are
employees of agencies, local or national,
within said geographical areas;

Complaints
involving
CSC
RO
personnel who are appointees of said
office; and
Petitions to place respondent under
Preventive Suspension.

 Non- Disciplinary
Disapproval of appointments brought
before it on appeal;
Protest against the appointments of
first
level
and
second
level
employees brought before it directly
or on appeal;

Request for accreditation of services

and
corrections
of
personal
information in the records of the
Commission; and
Decisions of national agencies and
LGUs within their geographical
boundaries relative to personnel
actions and non-disciplinary cases
brought before it on appeal.

JURISDICTION OF HEADS OF
AGENCIES
Disciplinary

Complaints involving their respective

personnel. Their decisions shall be final in
case the penalty imposed is suspension
for not more than 30 days or fine in an
amount not exceeding 30 days salary.
Decision of Heads of Agencies imposing a
penalty of removal shall be executory only
after confirmation by the Department
Secretary concerned.

 Non- Disciplinary
Protest against the appointments of
their respective personnel. They shall
have original concurrent jurisdiction with
the CSC Regional Office concerned;
Complaints on personnel actions and
other disciplinary actions of their
respective personnel.

Disciplinary Cases
Grounds for Disciplinary Cases
Dishonesty
The concealment or distortion of truth in a
matter of fact relevant to ones office or
connected with the performance of his
duties;
Any act which shows lack of integrity or a
disposition to defraud, cheat, deceive or
betray. It consists of an intent to violate the
truth.
Mere
possession
or
use
of
such
fake/spurious
certificate
of
eligibility
constitutes dishonesty.

 Neglect of Duty
Careless or unintentional failure to
exercise diligence in performance of
official duty and including willful neglect
or misfeasance and malfeasance involving
failure in performance of legal duties.
Neglect must either be voluntary or
inadvertent
Malfeasance Doing something w/c
SHOULD NOT be done bec. it wrong.
Misfeasance ERROR or MISTAKE in the
performance of duty.
Nonfeasance OMISSION to perform a
duty required of the public officer.

 Misconduct

transgression of some established and

definite rule of action, more particularly,
unlawful behavior or gross negligence by
the public officer.

The unsavory remarks, the unnecessary loss

of temper, unpleasant gestures and crude
mannerism against his co-court employee, a
member of the opposite sex and her 2
innocent young daughters, all bespeak of
grave misconduct and misbehavior which
deserve disciplinary action.

 Nepotism
May be committed by 1) appointing
authority; 2) recommending authority;
3) chief of the bureau or office; or 4)
person
exercising
immediate
supervision over the appointee.
Covers all appointments without
seeking
any
distinction
between
different
kinds
or
types
of
appointments (includes designation).
EXCEPTIONS: Teachers, Physicians,
Members of the AFP and Persons
employed in a Confidential Capacity.

 Falsification
Misrepresentation of a thing, fact or condition,
certifying that a thing is true when it is not.
Falsification of an official document is
considered as a grave offense which warrants
the penalty;
In falsification or forgery, the person
persons who are or were in possession
made use of, benefited from the forged
falsified documents are legally presumed to
the forgers ( Galan vs. Napase 208 SCRA 1).

or
of,
or
be

 Notoriously Undesirable
This offense is based mainly on the
general reputation of an employee for
being difficult to work with, due to
his/her quarrelsome attitude and or
repeated infractions of office rules.
The focus in this offense is the totality
of his conduct in office and not his
liability for the individual acts.

 Oppression
An act of cruelty, severity, unlawful exaction,
domination or excessive use of authority.
The filing of administrative charges, conduct
of investigation and rendering a decision are
powers conferred on a disciplinary authority.
When any or all of these powers are
exercised, it can not be considered as acts of
oppression unless bad faith, bias, and
partiality are very evident.
The withholding of salary based on a
reasonable ground does not constitute
oppression.

 Disgraceful and Immoral Conduct

An act which violates the basic norm
of decency, morality and decorum. It
is an act which abhors and condemns
and which must be penalized when
committed by a public officer.
A public official ought to be a person
of high moral character and a model
public servant.

 Insubordination
Quality
or
state
of
being
insubordinate; defiance or nonsubmission to authority.
Refusal to obey directives from a
superior officer, which directives are
presumed regular and valid.

 Discourtesy
Incivility; ill manners; rudeness of
behavior or language; an impolite
act.
Even without using rude or impolite
language, a person may still be
discourteous by the tone and
manner the statements were made.

Procedure in Disciplinary Cases

Complaint is filed with
disciplining authority:
It must be in writing;

the

proper

Subscribed and sworn to by the

complainant;
State the full names and addresses
of the parties. The position and
office of employment of the
respondent must be included;

 Narration of the relevant and material

facts constituting the offense;
Certified true copies of documentary
evidence and affidavits of his witness;
Certification or statement of nonforum shopping.
In the absence of any one of the
aforementioned requirements, the complaint
shall be dismissed w/out prejudice.

 Disciplining Authority requires person

complained of to file counter-affidavit or
comment.
Order ( submit comment/counter affidavit
within 3 days from receipt of the order).
Comment/counter-affidavits of the
respondent and of his witnesses must be
under oath

 Disciplining Authority assigns case to a

hearing officer to conduct Preliminary
Investigation.
ex parte examination of records and
documents submitted by the parties;
If necessary, the parties may be
summoned to a conference where the
investigator may profound clarificatory
and other relevant questions.
Within 5 days from the termination of
P.I., the Investigating Officer shall submit
the investigation report and the records
of the case to the disciplinary authority.

If 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.

 Prima facie at first sight; on the

face of it
People vs. Nuque
The amount of evidence w/c would be
sufficient to counterbalance the general
presumption of innocence and warrant a
conviction if not countered and controlled
by evidence tending to contradict it and
render it improbable, or other facts
inconsistent with it.

 Issuance of Formal Charge

DA may also issue an order of PREVENTIVE
SUSPENSION OR REAASIGNMENT ( Muto
proprio or upon petition by the complainant).
Respondent files ANSWER/Adopts former
pleading/Submits additional evidence.
If the respondent does not file an answer
within 5 days from receipt thereof, he shall
be considered to have waived his right
thereto and formal investigation may
commence.

Remedies
from
the
order
of
Preventive Suspension: Motion for
Reconsideration with the DA or elevate
the case to the CSC by way of an appeal
within 15 days from receipt thereof.
When the admin case against an
employee under preventive suspension
is not finally decided by the DA within
the period of 90 days after the date of
his preventive suspension, he shall be
automatically reinstated in the service.

Grounds
for
Preventive
Suspension: 1) Dishonesty; 2)
Oppression;
3)
Grave
misconduct;
4)
Neglect
in
performance of duty; or 5) if
there are reasons to believe that
the respondent is guilty of
charges which would warrant his
removal from the service.

 Formal Investigation
DA appoints Hearing Officer.
HO calls parties to a Pre-Hearing
Conference.
Stipulation of facts
Simplication of issues
Identification and marking of evidence of
the parties
Waiver or objections to admissibility of
evidence
Limiting the number of witnesses and
their names
Dates of subsequent hearings
Other matters as may aid in the prompt
and just resolution of the case.

 HO prepares and submits FORMAL

INVESTIGATION REPORT to DA.
DA renders his DECISION on the case.
ANG TIBAY DOCTRINE ( Admin Due
Process)
Right to hearing
Tribunal must consider evidence presented;
Decision must have something to support it;
Evidence must be substantial;

 Decision must be based on the evidence

adduced at the hearing, or at least
contained in the records and disclosed to
the parties;
The Board or its judges must act on its or
their independent consideration of the
facts and the law of the case, and not
simply accept the view of a subordinate in
arriving at a decision;
Decision must be rendered in such a
manner that the parties to the controversy
can know the various issues involved and
the reasons for the decision rendered.

 DA renders decision (Guilty or Dismiss)

Remedies if found guilty
Motion for reconsideration
Within 15 days from receipt of the decision
Grounds: 1) Newly discovered evidence; 2)
Decision not supported by evidence; 3) Error
of law, irregularities have been committed
prejudicial to the interest of the movant.
Stay execution of the decision.
If MR is denied, the party affected by the
decision may file an Appeal with the CSC
within 15 days from receipt of order denying
the MR.

 When is an appeal deemed perfected:

Notice of appeal
Appeal memorandum
Proof of service
Proof of payment of appeal fee
Certificate of non-forum shopping
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, if he wins the appeal.

CSC dismisses the appeal

Petition for review with CA
If dismissed, Petition for review with SC
If dismissed, MR
Clemency

Pendency of an administrative case SHALL

NOT disqualify respondent for promotion or
from claiming maternity/paternity benefits.

Non-Disciplinary Cases
PROTEST
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 CSC RO against an appointment
made in favor of another who does not
possess
the
minimum
qualification
requirement.
However, any protest against appointments
to 3rd level position shall be filed with the
CSC Proper.

 Forms 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:
The position being contested, including
its item number, correct position title
and the salary per annum;
The full name, office, position and
salary per annum of both the protestant
and the protestee;
The facts and arguments constituting
the grounds for the protest; and
Proof of payment of a filing fee of
P300.00

 When to file a Protest

The protest may be filed within 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 appointment or
promotions shall be duly announced and/or
posted in bulletin boards or at conspicuous
places in the Department Agency.

 Effect of Protest on the

Appointment.
A protest shall not render an appointment
ineffective nor stop the approval thereof,
by the CSC FO or RO, but the approval shall
be subject to the final outcome of the
protest.

 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.

 Dismissal of the Protest.

The protestant is not a qualified next-in-rank;
The protest is not directed against a particular
protestee but to anyone who is appointed to
the position or directed to 2 or more
protestees;
The protest is not in accordance with the
required form;
The protest is filed outside the 15 day day
reglementary period;
Non payment of filing fee;
Non submission of a certificate of non-forum
shopping

 Finality of Decision.
Decision on a protest case shall become
final after fifteen days (15) from receipt
thereof.

 Available Remedies.
The decision of the RO or Bureau may be
appealed initially to the Department
Secretary then to the CSC RO within 15
days and finally to the Commission Proper.
In case where the protest is filed w/in
the
Department
or
Agency,
the
protestant may file a MR of the adverse
decision, ruling or action w/in 15 days
from receipt with the same agency.

 In case where the protest is filed with

the CSC RO, a MR may be filed with
the same office within 15 days from
receipt of the adverse decision then to
the Commission Proper within the
period.
In case the protest is finally decided
against the protestee, the approval of
his appointment shall be recalled and
the appointment shall considered
disapproved.

 Other personnel and Non-Disciplinary

Actions:
Separation
from
service
due
to
unsatisfactory conduct or want of capacity
during probationary period;
Dropping from the Rolls due to AWOL;
Physically or Mentally unfit;
Unsatisfactory or poor performance;
Action on appointment (disapproval,
invalidation, recall and revocation);
Demotion or termination of services.

 A decision or ruling of the Department or

agency may be appealed w/in 15 days
from receipt thereof by the party adversely
affected to the CSC RO and finally to the
CSC Proper within the same period.
A MR may be filed with the same Office
w/c rendered the decision or ruling w/in 15
days from receipt thereof.

 Correction of personal informations in

the record of the Commission.

Thank you!!!
Atty. Ronnel C. Sopsop
OIC, Chief, Legal Division
DENR V, Legazpi City