×
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 Clarification on Section 65 and Section 115 of 2017 RACCS

More
6 years 1 month ago #1089 by francine
francine created the topic: Clarification on Section 65 and Section 115 of 2017 RACCS
Good day!

I would like to seek clarification on Section 65 and Section 115 RACCS. Section 65 states thay filing of a motion for reconsideration shall stay the execution of the decision sought to be considered. However, Section 115 states that the decision of the Commission Proper is immediately executory unless a motion for reconsideration is seasonably filed, in which case, the execution shall be held in abeyance.

With this, will the execution of the decision of the Commission Proper be held in abeyance when a motion for reconsideration is seasonably filed when Section 65 states that filing of a motion for reconsideration shall stay the execution of the decision?

Thank you and I am hoping for your prompt reply.

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

More
6 years 1 month ago - 6 years 1 month ago #1130 by Action Officer 17
Action Officer 17 replied the topic: Clarification on Section 65 and Section 115 of 2017 RACCS
Distinction should be made between Sections 65 and 115.

Section 65, speaks of the effect of the filing of a Motion for Reconsideration (MR). In this case, if an MR is timely filed within the 15 days reglementary period, it has the effect of tolling the execution of the subject decision sought to be reconsidered.

On the other hand, Section 115 speaks of the effect when no MR is filed within the 15 days reglementary period. In such case, after the lapse of the 15-day reglementary period, the CSC Decision is immediately executory.
Last Edit: 6 years 1 month ago by Action Officer 17.

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

Powered by Kunena Forum