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Question appeal for dismissal

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Epi
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5 years 11 months ago - 5 years 11 months ago #1367 by Epi

Epi created the topic: appeal for dismissal

Hi! Good day every one

i have few questions on about appeal & motion for reconsideration

1.the "days" on RACCs is it a calendar days or working days

2.how many days should the accused wait after filling an appeal?

3.can the accused request for a copies of minutes of the proceedings prior to his/her dismissal?
how many days should he/she wait for the release of the documents?

4.after filling of appeal on the disciplining authority how long will he/she have to wait before elevating it to the CSC ROs

thanks in advance!

Last Edit: 5 years 11 months ago by Epi. Reason: mali

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Action Officer 12
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5 years 6 months ago #1537 by Action Officer 12

Action Officer 12 replied the topic: appeal for dismissal

Hello, here are the answers to your questions:

1. When the law speaks of days without specifying that it is working days, it is presumed that it the number of days is counted based on calendar days.

2. When an appeal is timely filed, an Order shall be issued to the disciplining authority directing him/her to submit Comment and transmit the entire case records of the case for evaluation before a decision is rendered.

3. The Investigating Committee within 15 days after conclusion of the formal investigation shall submit a report of investigation to the disciplining authority which shall be treated with confidentiality.

4. Within 15 days from receipt of the decision of the disciplining authority, the aggrieved party may file a Motion for Reconsideration. And also 15 days from receipt of the denial of said motion, to file an appeal with the CSC RO.

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Romeo Manikan Jr
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3 years 10 months ago #3961 by Romeo Manikan Jr

Romeo Manikan Jr replied the topic: appeal for dismissal

Action Officer 12 wrote: Hello, here are the answers to your questions:

1. When the law speaks of days without specifying that it is working days, it is presumed that it the number of days is counted based on calendar days.

2. When an appeal is timely filed, an Order shall be issued to the disciplining authority directing him/her to submit Comment and transmit the entire case records of the case for evaluation before a decision is rendered.

3. The Investigating Committee within 15 days after conclusion of the formal investigation shall submit a report of investigation to the disciplining authority which shall be treated with confidentiality.

4. Within 15 days from receipt of the decision of the disciplining authority, the aggrieved party may file a Motion for Reconsideration. And also 15 days from receipt of the denial of said motion, to file an appeal with the CSC RO.

Good day sir/ma'am. Just want to be clarified on these concerns:

1. There is a provision in the 2017 RACCS that if the penalty to be imposed is more than 30 days or fine of one month salary, the decision of the disciplining authority is final and executory unless an MR or appeal is timely filed. My questions are the following:
a.) Pending appeal, can the appellant be allowed to report for work?
b.) If the answer in "a" is yes, can he/she claim salary for services rendered, and other benefits like clothing allowance, mid-year bonus, year-end bonus?

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Action Officer
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3 years 10 months ago #3991 by Action Officer

Action Officer replied the topic: appeal for dismissal

Hi! This is to respond to your query. We invite your attention to the following provision of the 2017 Rules on Administrative Cases in the Civil Service (RACCS), as follows:
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.

Based from the foregoing, pending appeal, the decision is executory.

We hope to have enlightened you on the matter.

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Romeo Manikan Jr
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3 years 9 months ago #4030 by Romeo Manikan Jr

Romeo Manikan Jr replied the topic: appeal for dismissal

Does it mean that if the penalty is dismissal from the service and a timely appeal will be filed within 15 days, the decision of the disciplining authority is still executory? Thank you.

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Action Officer 18
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3 years 9 months ago #4041 by Action Officer 18

Action Officer 18 replied the topic: appeal for dismissal

Please be guided with Section 49, Rule 9 of 2017 RACCS, to wit:

" Section 49. Finality of Decisions. A decision rendered by the disciplining authority or CSC ROs whereby a penalty of reprimand, or suspension for not more than thirty (30) days or a fine in an amount not exceeding thirry (30) days' salary is imposed, shall not be appealable' It shall be final and executory unless a motion for reconsideration is seasonably filed. However, the respondent may file an appeal or petition for review when the issue raised is violation of due process.

"If the penalty imposed is suspension exceeding thirty (30) days, or fine in an amount exceeding thirty (30) days' salary, the decision shall be final and executory after the lapse of the reglementary period for filing a motion for reconsideration or an appeal and no such pleading has been filed."

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