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Question Querries on Admin Case Proceedings

2 years 8 months ago #9091 by Jenny de Guzman
Jenny de Guzman created the topic: Querries on Admin Case Proceedings
Good day po. Magtatanong lang po sana regarding sa proceedings ng isang admin case.
1. Nabasa ko po kasi sa 2017 RACCS na mag start yung formal investigation not earlier than 5 days from the receipt of the answer sa formal charge and shall be finished in 30 days. Meron case kasi na after 48 days pa nag conduct ng pre hearing yung committee. Ok lng po ba ito?
2. The head ordered preventive suspensio. For 45 days sa same case, but since 48 days nag start ung formal investigation the respondent just waited if the preventive suspension will be extended and it did for another 45 days but after 68 days na when the repondent followed up his suspension status. Yung notice for preventive extension po ba ay magstart when the latter expired?
3. Sa pre hearing po ba dapat andun na yung mga evidences for markings ang no objection for the admission of evidences? If di pa ready ung mga evidences during the pre hearing, is it okay na yung counsel ng complainant ang magsesend for the confirmation dun sa counsel ng respondent po. During pre hearing din kasi 5 days yung binigay na time frame ng counsel ng complainant to send such evidences but they sent them 10 days after the pre hearing. Ok lng din po ba ito?

4. Sa pagkakaintindi ko, papatawan ka po ng preventive suspension if yung A at B na grounds are present po. Prerogative din po ba ng head po ito even if parang hindi na meet yung A? Kasi sa pagkakabasa ko po, dapat dismissal or In 2nd offense yung case mo po para sa consequence na yan.

Salamat po sa clarifications. An observer here.

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2 years 8 months ago #9122 by Action Officer
Action Officer replied the topic: Querries on Admin Case Proceedings
Dear Ms. Jenny,

Thank you for using CSC Online Forum!

Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be a subject of a complaint or appeal before it.

Nevertheless, pertinent to your queries are, as follows;

Section 29, 31,34, 35 of the 2017 Rules on Administrative Cases in the Civil Service.

Section 29. When Issued; Grounds. –the proper disciplining authority, upon petition motion or motu proprio, may issue an order of preventive suspension against the respondent upon issuance of the formal charge or notice of charge/s, or immediately thereafter, if:
A) The charge involves:
1. Dishonesty;
2. Oppression;
3. Grave Misconduct;
4. Neglect in the Performance of Duty;
5. Other offenses which are punishable by dismissal from the service; or
6. Administrative offense committed on its second or third instance and the penalty is dismissal from the service; and;

B) The respondent is in a position to exert undue influence or pressure on the witnesses and/or tamper with evidence.
In order for a preventive suspension order to valid, any of the conditins in items A and B must be present. Upon petition of the complainant or motu proprio,

Section 31. Duration of Preventive Suspension. – Unless otherwise provided for by law, the disciplining authority may place the respondent under preventive suspension for a maximum period of ninety (90) days in the case of national agencies including government-owned or controlled corporations with original charters, state universities and colleges (SUCs) or sixty (60) days in the case of local government units including local universities and colleges (LUCs). When the administrative case against respondent under preventive suspension is not finally decided by the disciplining authority within the period of preventive suspension, the respondent shall be automatically reinstated in the service unless the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, in which case, the period of delay shall not be included in the counting of the period of preventive suspension. Any period of delay caused by motions filed by the respondent shall be added to the period of preventive suspension. Provided, that where the order of preventive suspension is for a period less than the maximum period, the disciplining authority undertakes to finish the formal investigation within the said period and is precluded from imposing another preventive suspension. Provided, further, that should the respondent be on authorized leave, said preventive suspension shall be deferred or interrupted until such time that said leave has been fully exhausted.

Section 34. Conduct of Formal Investigation; When Held. – A formal investigation shall be conducted where the merits of the case cannot be decided judiciously without conducting such investigation or when the respondent elects to have one, in which case, the investigation shall be held not earlier than five (5) days nor later than ten (10) days from receipt of the respondent’s answer or upon the expiration of the period to answer. Said investigation shall be finished within thirty (30) days from the issuance of the Formal Charge/Notice of Charge unless the period is extended by the disciplining authority or its authorized representative, or heads of agencies, or the Commission in meritorious cases.

Section 35. Pre-Hearing Conference. – At the commencement of the formal investigation, the hearing officer shall 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.
Hope to have enlightened you on the matter.

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