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Question Remedies - Decisions of Civil Service Commission

  • Charles Ernest A Floresta
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2 years 3 months ago #8272 by Charles Ernest A Floresta
Charles Ernest A Floresta created the topic: Remedies - Decisions of Civil Service Commission
May we know what will be the remedy from adverse decision of Civil Service Commission?

We checked the rules and it seems that Motion for Reconsideration of decision of CSC is not allowed. Is this true?

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2 years 3 months ago #8278 by Action Officer
Action Officer replied the topic: Remedies - Decisions of Civil Service Commission
Dear Sir Charles Ernest A. Floresta,

Thank you for using the CSC Legal Forum.


You query pertains to remedies from adverse CSC Decision.

Pertinent are the following provisions in the 2017 Rules on Administrative Cases in the Civil Service:


"Rule 12
MOTION FOR RECONSIDERATION IN DISCIPLINARY CASES

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.

XXX

Section 63. Grounds. The motion for reconsideration shall be based on any of the following:

a. New evidence has been discovered which materially affects the decision rendered; or

b. The decision is not supported by the evidence on record; or
c. Errors of law or irregularities have been committed prejudicial to the interest of the movant.

Section 64. Limitation. Only one motion for reconsideration shall be entertained. If a second motion for reconsideration is filed notwithstanding its proscription under these Rules, the finality of action shall be reckoned from the denial of the first motion for reconsideration.

Section 65. Effect of Filing. The filing of a motion for reconsideration within the reglementary period of fifteen (15) days shall stay the execution of the decision sought to be reconsidered.

Rule 13
APPEAL IN DISCIPLINARY CASES

Section 66. Filing. Subject to Section 49 of these Rules, decisions of disciplining authorities, imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days salary, may be appealed to the Commission within a period of fifteen (15) days from receipt thereof. In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department head and then finally to the Commission and pending appeal, the same shall be executory except when the penalty is dismissal from the service, in which case the same shall be executory only after confirmation by the Secretary concerned.

xxx

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:

a. Memorandum containing the following:

1. grounds relied upon for the appeal/petition for review;
2. certified true copies of the assailed decision, resolution or order; and
3. 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.

b. Proof of service of a copy of the memorandum to the disciplining office;
c. Proof of payment of the required fee; and
d. A statement or certificate of non-forum shopping.

xxx

Section 71. Petition for Review of CSC RO Decisions. Decisions/Resolutions rendered by CSC ROs may be elevated either by the complainant or the respondent to the Commission by way of a petition for review within fifteen (15) days from receipt thereof.

Section 72. Petition for Review of Decisions of Agencies. Except in cases involving sexual harassment, a Decision/Resolution of disciplining authority in an agency exonerating the respondent or dismissing a complaint for lack of prima facie case or issuance of a formal charge for a lower offense is not subject to appeal or petition for review before the Commission.

Section 73. Petition for Review with the Court of Appeals. A party may elevate a Decision/Resolution of the Commission before the Court of Appeals by way of a petition for review under Rule 43 of the Rules of Court.

xxx

Rule 21
REMEDIES IN NON-DISCIPLINARY CASES

Section 111. Remedies in non-disciplinary cases. The aggrieved party in non-disciplinary cases may avail of the applicable remedies provided for under Rules 12 and 13 unless otherwise provided by law or these Rules.

All actions of CSC ROs or other offices within CSC may be brought to the Commission Proper by way of a petition for review."


We hope to have enlightened you on the matter.

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