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Question PENALTY

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finley gomez
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2 years 3 weeks ago - 2 years 3 weeks ago #10378 by finley gomez

finley gomez created the topic: PENALTY

A blessed Sunday to all the CSC action officers and readers.

A supervisor reassigned his subordinate during the election period without the written prior approval of the Commission on Election. The order was signed and executed on February 11, 2022, or three months before the May 9, 2022, local and national elections.

What is the administrative penalty for the supervisor who violates Section 123 of the 2017 ORAOHRA? (I know that the supervisor may be criminally liable for violating the Omnibus Election Code. However, I am wondering if he may likewise be administratively accountable for violating Section 123 of the ORAOHRA and what would be the administrative penalty for his violation).

Thanks in advance for the reply.

Last Edit: 2 years 3 weeks ago by finley gomez.

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Action Officer 21
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2 years 2 weeks ago #10764 by Action Officer 21

Action Officer 21 replied the topic: PENALTY

Hi Finley,

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

Be that as it may, Section 111, Rule 21, of the 2017 RACCS provide that an aggrieved party in non-disciplinary cases (including those who are subjects of Orders for reassignment, detail, transfer, or secondment) may avail of the remedies provided for under Rule 12 (Motion for Reconsideration) and Rule 13 (Appeal) of the said rules. As such, a reversal of an order after finding that the same had been issued in violation of existing civil service laws, rules, and/or regulations, shall cause the restoration of the employee to his/her former position.

It is hoped that we have guided you on the matter.

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