Loved Failure to attend PSB Deliberation

Our Vice-Mayor became the acting Mayor for three (3) months. As per Local Government Code the acting Mayor can already appoint new employees after thirty days. Notice of vacancies were posted within the period of being acting Mayor. The deliberation was scheduled thirty days after. It was scheduled in the morning with a memorandum informing the members of the PSB regarding the matter. However, most of the members of the PSB did not show up on the time and date of the schedule of the deliberation. They did not even send any notice to the acting Mayor why they they did not show up. Another memorandum was issued after 12 noon of that day requiring them to attend in the afternoon of the same day. Still they did not come. A third letter resetting the deliberation on the next day was issued. Still they did not show up or even send at least a notice. However "rumors" were circulated that they are saying they were sick or on travel etc.

Those members of the PSB are known to be close to the Mayor who is on suspension. Although the acting Mayor is trying to avoid considering their "failure" to attend as politically motivated, the question we want to ask is whether due to the action of the PSB members that they could be considered for administrative sanctions? Who may file cases against them? Where to file? Can they be held liable under gross insubordination since they did not heed three notices? What other possible cases can we file in case we can or ought to do so?

Thank you very much.

Please be informed that it is the policy of the Civil Service Commission not to render opinions or rulings on issues that may eventually be a subject of a controversy or complaint before it. This is specially so if the material facts necessary to arrive at an objective analysis of the case are incompletely presented.

Be that as it may, to guide you in your next course of action, may we call your attention to CSC Resolution No. 06-1628 dated September 11, 2008 (Desucatan, Ildefonso), where the Commission defined the offense of Insubordination as a refusal to obey some order which a superior officer is entitled to give and have obeyed. The term imports a willful or intentional disregard of the lawful and reasonable instructions of the employer.

Further, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to consequences, insofar as other persons may be affected, constitutes the administrative offense of gross neglect of duty or gross negligence (CSC vs. Rabang, G.R. No. 167763, March 14, 2008).

With regards the filing of administrative cases, relevant are the following provisions of the Revised Rules on Administrative Cases in the Civil Service (RRACCS):

"Section 10. Who May Initiate. – Administrative proceedings may be initiated by the disciplining authority motu proprio or upon complaint of any other person.

"Section 11. Requisites of a Valid Complaint. – Except when initiated by the disciplining authority or his/her authorized representative, no complaint against a civil service official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant. In cases initiated by the proper disciplining authority or his/her authorized representative, a show cause order is sufficient.

"Section 12. 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 or any of its Regional Offices, heads of departments, agencies, provinces, cities, municipalities and other instrumentalities."

We hope that we have enlightened you on this matter.

Thank you very much for the reply. More power to the CSC!