Question Violation of Reasonable Office Rules

Greetings!

May I respectfully ask, what could be the possible remedy or remedies aside from MR and Appeal of an employee who was adjudged guilty for Violation of Reasonable Office Rules for not attending the Flag Raising Ceremony (usually at 6:30am to 8:15am) and Loafing during office hours if she was penalized to be suspended for one (1) year by the head of the agency effective during the pandemic? Or is there any remedy available?

It took her 6 months to decide to avail of any remedy available due to her sickness.

Thank you.

Good day, Maam!

Please be informed that as a policy, the Commission does not render opinions/rulings on issues that may eventually be the subject of a complaint or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case. Nevertheless, we will cite the pertinent provision/s under the Civil Service rules and applicable jurisprudence that will best answer your query/ies.

Section 61, Rule 12, and Section 68, Rule 13 of the 2017 Rules on Administrative Cases in the Civil Service (CSC Resolution No. 1701077 dated July 3, 2017, specifically provide:

Section 61. Filing. The party adversely affected by the decision may file a motion for reconsideration with the disciplining authority who rendered the same within fifteen (15) days from receipt thereof unless otherwise provided by law. However, the private complainant may file a motion for reconsideration from the decision of CSC Regional Office.

A motion for extension of time to file a motion for reconsideration is not allowed.

Section 68. Perfection of an Appeal or a Petition for Review. To perfect an appeal or a petition for review, the appellant/petitioner shall submit the following documents:

e. Memorandum containing the following:

4. grounds relied upon for the appeal/petition for review;

5. certified true copies of the assailed decision, resolution or order; and

6. certified true copies of documents or evidence relevant to the case.

The Memorandum shall be filed with the appellate authority, copy furnished the disciplining authority. The latter shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss, with its comment, within fifteen (15) days from receipt, to the appellate or higher authority.

f. Proof of service of a copy of the memorandum to the disciplining office;

g. Proof of payment of the required fee; and

h. A statement or certificate of non-forum shopping.

If the appellant/petitioner fails to comply with any of the above requirements within the reglementary period, the Commission shall direct compliance within a period of not more than ten (10) days from receipt thereof, with a warning that failure to comply shall be construed as failure to perfect an appeal/petition for review and shall cause its dismissal with prejudice to its refiling.

We hope to have been of service to you.

Thank you.