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Question Finality of Decisions in Administrative Cases in the Civil Service

  • Charles Ernest A Floresta
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2 years 5 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

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2 years 5 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.

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2 years 5 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.

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