Memo85 340a
Memo85 340a
Memo85 340a
SUBJECT : Amendment to COA Memorandum No. 83-340 dated March 22, 1983, on
dropping from the employees roll.
In certain instances, it was discovered that some employees of this Commission who
had been separated from the service by virtue of COA Memorandum No. 83-340 dated March
22, 1983, had pending administrative cases against them as of the date of their separation.
Considering that dropping from the rolls is not deemed a disciplinary measure, such personnel
action would have the effect of condoning the offenses involved in said cases of which the
employees might have been otherwise adjudged guilty and for which they ought to have been
meted the corresponding administrative penalties, such as dismissal with its attendant forfeiture
of benefits for grave offenses, or fine for less grave and light offenses. The erring employee
who is thus dropped from the rolls is thereby enabled to evade and escape the penal sanctions
that he otherwise deserves. Such an undesirable consequence has never been intended by
COA Memorandum No. 83-340.
"a. The order dropping an employee from the rolls shall be issued by the
Chairman upon recommendation of the Manager of the Administrative
Office. Towards this end, the said Manager shall obtain a certification
from the Legal Office as to whether or not the employee concerned has
pending administrative case. In the negative, he (the Manager) shall
forthwith recommend the dropping from the rolls. In the affirmative, such
certification shall indicate the nature of the offense/s charged (whether
light, less grave, or grave). Where the charge involves such offense, the
nature of which does not warrant his dismissal or separation from the
service, the reespondent employee shall be s recommended and the
other dropping him from the rolls shall contain a reference to the pending
administrative case against him. However, if the charge is serious and
warrants the penalty of dismissal, the respondent employee shall not be
recommended for dropping from the rolls. The administrative case
against him shall thereupon be pursued until its final resolution to the end
that the respondent is meted out the corresponding penalty in the event
that he is adjudged guilty of the charges."
All other provisions of COA Memorandum No. 83-340 not inconsistent with the foregoing
amendments shall remain in force and effect.