Good day!
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issue which are not fully represented or substantiated as in this case.
Relevant to your query are the following provisions of the 2017 Rules on Administrative Cases in the Civil Service (RACCS) on the conduct of formal investigation:
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.
For this purpose, the Commission may entrust the formal investigation to lawyers of other agencies pursuant to Section 113 of these Rules.
Section 35. Submission of Position Paper/Memorandum. At any stage of the proceedings, the parties may, based on their mutual consent, submit position paper/memorandum and consider the case submitted for decision without any need for further hearings.
Section 47. 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 to the disciplining authority. The complete records of the case shall be attached to the report of investigation which shall be treated with confidentiality.
The complete records with Table of Contents shall be systematically and chronologically arranged, paged and securely bound to prevent loss.
Section 48. When Case is Decided. The disciplining authority shall decide the case within thirty (30) days from receipt of the Formal Investigation Report.
Section 49. Finality of Decisions. A decision rendered by the disciplining authority or CSC ROs whereby a penalty of reprimand, or suspension for not more than thirty (30) days or a fine in an amount not exceeding thirty (30) days’ salary is imposed, shall not be appealable. It shall be final and executory unless a motion for reconsideration is seasonably filed. However, the respondent may file an appeal or petition for review when the issue raised is violation of due process.
If the penalty imposed is suspension exceeding thirty (30) days, or fine in an amount exceeding thirty (30) days’ salary, the decision 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.
Also relevant to your query is Section 46 of the 2017 RACCS:
Section 46. Effects of the Pendency of an Administrative or Criminal Case. Except as otherwise provided by law, pendency of an administrative or criminal case shall not disqualify respondent from promotion and other human resource actions or from claiming maternity/paternity benefits.
For this purpose, a pending administrative case shall be construed as such when the disciplining authority has issued a formal charge or a notice of charge to the respondent.
The release of the retirement benefits of a person with pending case shall be governed by Republic Act No. 10154 otherwise known as “An Act Requiring All Concerned Government Agencies to Ensure the Early Release of the Retirement Pay, Pensions, Gratuities and Other Benefits of Retiring Government Employees” and its implementing rules.
In addition, there are no rules preventing the respondent from requesting an update on the status of the case with the concerned agency.
We hope to have enlightened you on the matter. Thank you.
