×
ADVISORY!

The views and opinions expressed in this forum are those of the online action officers and not necessarily those of the Office for Legal Affairs or the Commission on CSC laws, rules and regulations. Also, be reminded that the views of the action officer is a mere advice that does not bind the office.

When posting, you agree that the administrator has the right to delete your posts or ban your account without prior warning in case of non-observance of any of the guidelines.
Guidelines to clients:

1. Please browse the frequently asked questions first to see if there are already the same or related questions that were asked on your query/ies;
2. Official response to issues shall be provided by the concerned office of the Commission, not through this forum;
3. Requests for the status of the case is not allowed in this forum;
4. Questions regarding the scheduled CSC examination will be deleted;
5. This forum is categorized according to subject matter. Please post your queries in appropriate category;
6. Post a descriptive topic name. Give a short summary of your problem/s;
7. No spam in this forum. Your posts will be deleted and your account will be banned without prior warning;
8. Refrain from posting pictures and offensive words or links. Violation of this rule shall give the administrator the right to delete your posts and ban your account without prior warning;
9. Please report to administrators if you see a user violating any of this guidelines;
10. Be respectful to the administrators and users; and
11. Please avoid text-message style substitution of words like “r” for “are” and “u” for “you”. If your message is difficult to understand the administrator shall inform you to rewrite your message.

Question Finality of Decisions in Administrative Cases in the Civil Service

  • Charles Ernest A Floresta
  • Charles Ernest A Floresta's Avatar Topic Author
  • Offline
More
2 years 8 months ago #9126 by Charles Ernest A Floresta
Charles Ernest A Floresta created the topic: Finality of Decisions in Administrative Cases in the Civil Service
I am Charles Ernest Floresta, Legal Researcher in the National Housing Authority, a government-owned and controlled corporation.

I would like to inquire on the following questions:
1. If a decision was rendered by the Civil Service Commission and the period to file a motion for reconsideration or appeal lapsed on both of the parties, does the decision automatically attain finality or there is a need for a Certificate of Finality issued by the CSC?
1.a. If yes, before the issuance of a Certificate of Finality, is the case considered as a "pending case?"

Thank you for your prompt response.

Charles Floresta

Please Log in or Create an account to join the conversation.

More
2 years 8 months ago #9150 by Action Officer
Action Officer replied the topic: Finality of Decisions in Administrative Cases in the Civil Service
Good day!

Relevant to your query, is Section 49, Rule 9, of the 2017 RACCS, which provides, thus:

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 thirry (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.

We hope to have enlightened you on this matter.

Please Log in or Create an account to join the conversation.

More
2 years 8 months ago #9151 by Action Officer
Action Officer replied the topic: Finality of Decisions in Administrative Cases in the Civil Service
Good day!

Relevant to your query, is Section 49, Rule 9, of the 2017 RACCS, which provides, thus:

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 thirry (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.

We hope to have enlightened you on this matter.

Please Log in or Create an account to join the conversation.

Powered by Kunena Forum