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Question Appeal of Administrative Cases in relation to CSC M.C. 7 S. 2013

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Charles Ernest A Floresta
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2 years 2 weeks ago #10791 by Charles Ernest A Floresta

Charles Ernest A Floresta created the topic: Appeal of Administrative Cases in relation to CSC M.C. 7 S. 2013

Good day.

If an administrative case has been appealed from the disciplining authority to the Civil Service Commission, is it still considered as "Pending Administrative Case" under Section 4 (c) of Civil Service Memorandum Circular No. 7 S. 2013 and the Implementing Rules and Regulations of Republic Act No. 10154?

Thank you.

Charles

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1 year 8 months ago #11080 by Action Officer

Action Officer replied the topic: Appeal of Administrative Cases in relation to CSC M.C. 7 S. 2013

Thank you for you interest in the CSC forum.

Please be informed that the CSC refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nevertheless, your attention is hereby invited to Section 46 of the 2017 Rules on Administrative Cases in the Civil Service (2017) which defines a pending administrative case as follows:

"... a pending administrative case shall be construed as such when the disciplining authority has issued a formal charge or a notice of charge to the respondent."

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