CASES COGNIZABLE BY THE COMMISSION

DISCIPLINARY NON-DISCIPLINARY
a. Decisions of the CSC Ros brought before it a. Decisions of department secretaries and
on PR. bureau heads on human resource actions;
b. Complaints brought against CSC officials b. Decisions of CSC Ros;
and employees both in the CO and RO c. Requests for favorable recommendation on
petition for removal of administrative
For this purpose, Ros shall conduct the penalties or disabilities;
investigation and submit report and d. Requests for extension of service excluding
recommendation to the Commission in cases presidential appointees;
involving their own appointed officials and e. Appeals from reassignment of public health
employees. Complaint against CO officials workers and public social workers;
and employees shall be brought before the f. Such other analogous actions or petitions
Commission through the Office of Legal arising out of or in relation with the foregoing
Affairs (OLA) unless the Commission directs enumerations.
otherwise.

c. Complaints against officials who are not

presidential appoints or elective officials;
d. Decisions of disciplining authorities
imposing penalties exceeding 30 days
suspension or fine in an amount exceeding 30
days salary brought before it on appeal;
e. Decisions of disciplining authorities
imposing penalties not exceeding 30 days
suspension or equivalent to 30 days salary
but violating due process;
f. Requests for transfer of venue of hearing on
cases being heard by CSC Ros;
g. Appeal or petitions for review from orders of
preventive suspension; and
h. Such other actions or requests involving
issues arising out of or in connection with the
foregoing enumeration.

CASES COGNIZABLE BY CSC REGIONAL OFFICES (RO)

DISCIPLINARY NON-DISCIPLINARY
a. Cases initiated by, or brough before, the CSC a. Disapproval/Recall of Approval/ Invalidation
Ros provided that the alleged acts or of appointments brought before it on appeal;
omissions were committed within the b. Decisions of appointing authorities within
jurisdiction of the CSC RO, including their geographical boundaries relative to
fraudulent acquisition of civil service protests and other human resource actions as
 eligibility (violation of RA No. 9416) and its well as other non-disciplinary actions brought
related offenses. before them on appeal; and
b. Petitions to place respondent under c. Requests for corrections of personal
prevention suspension in connection with information in the records of the Commission.
cases pending before the CSC RO concerned.

JURISDICTION OF DISCIPLINING AUTHORITIES

The DAs of agencies and local government units shall have original concurrent jurisdiction with the
Commission over their respective officials and employees. Their decisions shall be final in case the
penalty imposed is suspension for not more than 30 days or fine in an amount not exceeding 30 days
salary subject to Sec. 7(A)(5) of these Rules. 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 and 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.

COMPLAINT

WHO MAY INITIATE:

a. Disciplining authority motu proprio – by a show-cause order is sufficient.
b. Any other person. – in writing, subscribed and sworn to.

The complaint shall be written in a clear, simple and concise language and in a systematic manner as to
apprise the person complained of, of the nature and cause of the accusation and to enable the person
complained of to intelligently prepare a defense or answer/comment. Should there be more than one
person complained of, the complainant is required to submit additional copies corresponding to the
number of persons complained of.
CONTENTS:
a. Full name and address of the complainant;
b. Full name and address of the person complained of as well as his/her position and office;
c. A narration of the relevant and material facts which shows the acts or omissions allegedly committed;
d. Certified true copies of documentary evidence and affidavits of his/her witnesses, if any; and
e. Certification or statement of non-forum shopping.

Note: Absence of any of the aforementioned requirements may cause the dismissal of the complaint
without prejudice to its refiling upon compliance with the same.

Anonymous Complaint. No anonymous complaint shall be entertained unless the act complained of is of
public knowledge or the allegations can be verified or supported by documentary or direct evidence.

WHEN AND WHERE TO FILE: Except when otherwise provided by law, an administrative complaint
may be filed anytime with the Commission or any of its ROs, head of departments, agencies, national
government, LGUs, SUCs, or LUCs, and GOCCs with original charters except as may be provided by
law.

Withdrawal of the Complaint. The withdrawal of the complaint does not result in its outright
dismissal or discharge of the person complained of from any administrative liability.
ACTION ON THE COMPLAINT. Upon receipt of complaint which is sufficient in from and
substance, the DA shall conduct a PI to determine the existence of prima facie case. The DA may create
an investigating committee or designate an investigator for such purpose.

PRELIMINARY INVESTIGATION
A preliminary investigation is a mandatory proceeding undertaken to determine whether a prima facie
case exists to warrant the issuance of a formal charge/notice of charge.

HOW CONDUCTED:
a. Requiring the submission of counter affidavit or comment and/or other documents from the person
complained of within 5 days from receipt of the complaint which is sufficient in form and substance;
b. Ex-parte evaluation of the records; or
c. Clarificatory meeting with the parties to discuss the merits of the case.

Notes:
 When the complaint is initiated by the DA, it or its authorized representative shall issue a show-cause
order directing the person complained of to explain within the same period why no administrative
case should be filed against the said person.
 The failure to submit a comment/counter-affidavit/explanation shall be considered a waiver thereof
and the PI may be completed even without the counter-affidavit/comment/explanation.
 The right to counsel may be exercised even during the PI.
 For cases filed before the Commission or any of its ROs, the PI may be entrusted to lawyers of other
agencies pursuant to Sec. 113 of these Rules.

DURATION: PI shall commence within a non-extendible period of 5 days upon receipt of the complaint
by the disciplining authority and shall be terminated within 20 days thereafter. However, the DA may
extend such periods in meritorious cases.

INVESTIGATION REPORT. Within 5 days from the termination of the PI, the investigation
officer/body shall submit the IR with recommendation and the complete records of the case to the
disciplining authority.

DECISION OR RESOLUTION AFTER PI. If a prima facie case is established after PI, the DA may
issue either a formal charge or a notice of charge pursuant to Rule 5 of these Rules.
In the absence of a prima facie case, the complaint shall be dismissed.

FORMAL CHARGE/NOTICE OF CHARGE

FORMAL CHARGE: After the finding of a prima facie case, the DA shall formally charge the person
complained of, who shall now be called as respondent.
CONTENTS. The formal charge shall contain a specification of charge, a brief statement of
material or relevant facts, which may be accompanied by certified true copies of the documentary
evidence, sworn statements covering the testimony of witnesses, a directive to answer the charge
in writing, under oath in not less than 3 days but not more than 10 days from receipt thereof, an
advice for the respondent to indicate in the answer whether or not a formal investigation is
demanded, and a notice that respondent may opt to be assisted by a counsel.

NOTICE OF CHARGE. In instances where the complaint was initiated by a person other than the DA,
the DA may issue a written notice of charge against the person complained of who will now be called the
respondent, to which shall be attached copies of the complaint, sworn statement and other documents
submitted.
CONTENTS. The notice shall contain the charge against the respondent with a statement that a
prima facie case exists. It shall also include a directive to answer the charge in writing, under oath
in not less than 3 days but not more than 10 days from the receipt thereof, and a notice that he/she
may opt to be assisted by a counsel of his/her choice and may elect to have a formal investigation.
Note: If the respondent receives a notice of charge with incomplete attachments, the respondents may
request for the lacking documents within 10 days from receipt of the formal/notice of charge and the
period to answer will not run until the same is received by the respondent.

PROHIBITED PLEADINGS. The DA shall not entertain requests for clarification, bills of particulars,
motion to dismiss, motions to quash, motion for reconsideration and motion for extension to file answer.
The same shall be noted without action and attached to the records of the case.

ANSWER
REQUISITES AND CONTENTS. The answer, which is in writing and under oath shall be specific and
shall contain material facts and applicable laws, if any, including original or certified copies of
documentary evidence, sworn statements covering testimonies of witnesses, if there be any, in support of
one’s case.
Note:
 When the DA determines that the answer is satisfactory, the case shall be dismissed. Otherwise, the
investigation shall proceed.
 If respondent fails or refuses to file an answer to the formal charge or notice of charge within the
given period, he/she shall be considered to have waived his/her right to submit the same and the case
shall be decided based on available records.

PREVENTIVE SUSPENSION
Preventive suspension is not a penalty. It is designed merely as a measure of precaution so that the
respondent may be removed from the scene of the alleged misfeasance/malfeasance/nonfeasance while
the case is being investigated.
GROUNDS: The proper DA, upon motion or motu proprio, may issue an order of preventive suspension
against the respondent upon issuance of the formal charge or notice of charge, or immediately thereafter,
if:

A B
a. Dishonesty The respondent is in a position to exert undue
b. Oppression influence or pressure on the witnesses and/or
c. Grave Misconduct tamper with evidence.
d. Neglect in the performance of duty;
e. Other offenses punishable by dismissal
from the service; or
f. Administrative offense committed on its
second or third instance and the penalty is
dismissal from the service;

DURATION. Unless otherwise provided for by law, the DA may place the respondent under PS for a
maximum of:
a. 90 days in the case of national agencies including GOCC with original charters, SUC or
b. 60 days in case of LGUs including LUCs

Note: When the administrative case against respondent under preventive suspension, the respondent shall
be automatically reinstated in the service unless the delay in the disposition of the case is due to the fault,
negligence or petition of the respondent, in which case, the period of delay shall not be included in the
counting of the period of PS. Any period of delay caused by motions filed by the respondent shall be
added to the period of PS. Provided, that where the order of PS is for a period less than the maximum
period, the DA undertakes to finish the formal investigation. Provided, further, that should the respondent
be on authorized leave, said preventive suspension shall be deferred or interrupted until such time that
said leave has been fully exhausted.
Provided finally that if the respondent is placed under PS in another case, the duration of the 2 nd PS shall
simultaneously run with the 1st PS without prejudice to the service of the remaining period of the 2 nd PS.
Alternative to Preventive Suspension. The proper DA may reassign respondent to another unit of the
agency subject to the same periods as provided in the immediately succeeding section.

Remedies from the Order of PS. The respondent may file an appeal to the Commission within 15 days
from receipt of the PS order. Pending appeal, the order shall be executory. A MR from the order of PS
shall not be allowed. In case such motion is filed, the same shall be noted without action and attached to
the records of the case and shall not stay the execution of the said order nor shall have the effect of
stopping the running of the reglementary period to appeal. If the preventive suspension is imposed by the
CSC, the same is executory unless a TRO is issued by the CA or the SC.

Payment of Back Wages During PS. The payment of back wages during the period of suspension shall
be governed by the following:
a. A declaration by the Commission that an order of PS is VOID ON ITS FACE entitles the respondent
to immediate reinstatement and payment of back wages corresponding to the period of the illegal PS
without awaiting the outcome of the main case.

The phrase “void on its face” in relation to a PS order, imports any of the following
circumstances:
1. The order was issued by one who is not authorized by law;
2. The order was not premised on any of the conditions under Sec. 29;
3. The order of PS was issued without a FC or NOC or with defective FC/NOC; or
4. While the order is lawful in the sense that it is based on the enumerated grounds, but the
duration of the imposed preventive suspension has exceeded the prescribed periods, the
payment of back wages shall correspond to the excess period only.

b. A declaration of invalidity of a PS order not based on any of the reasons enumerated in the
immediately preceding Sec. 33 (a), shall result in the reinstatement of the respondent. The payment of
back wages shall, however, await the final outcome of the principal case. If the decision rendered in
 the principal case is for exoneration or when the penalty imposed is reprimand, the respondent shall
be paid back wages. Otherwise, no back wages shall be paid.
Notes:
 The term “exoneration” contemplates a finding of not guilty for the offense/s charged. Downgrading
of the charge to a lesser offense shall not be construed as “exoneration” within the contemplation of
these Rules.
 Even if the respondents be eventually found innocent of the charge against them, the same shall not
give rise to payment of back wages corresponding to the period of preventive suspension in the
absence of any finding of its illegality.

FORMAL INVESTIGATION
A formal investigation shall be conducted where the merits of the case not be decided judiciously without
conducting such investigation or when the respondent elects to have one, in which case, the investigation
shall be held not earlier than 5 days nor later than 10 days from receipt of the respondent’s answer or
upon the expiration of the period to answer. Said investigation shall be finished within 30 days from the
issuance of the FC/NOC unless period is extended by the DA or its authorized representative, or head of
agencies, or the Commission in meritorious cases.
Note: For this purpose, the Commission may entrust the formal investigation to lawyers of other agencies
pursuant to Sec 113 of these Rules.

Submission of Position Paper/Memorandum. At any stage of the proceedings, the parties may, based
on their mutual consent, submit position paper/memorandum and consider the case submitted for decision
without any need for further hearings.

PRE-HEARING CONFERENCE. At the commencement of the formal investigation, the hearing

officer shall conduct a pre-hearing conference for the parties to appear, consider and agree on any of the
following:
a. Stipulation of facts;
b. Simplification of issues;
c. Identification and marking of evidence of the parties;
d. Waiver of objections to admissibility of evidence;
e. Limiting the number of witnesses, and their names;
f. Dates of subsequent hearings; and
g. Such other matters as may aid in the prompt and just resolution of the case.

Note:
 The conduct of pre-hearing conference is MANDATORY. The failure of any party to attend the pre-
hearing conference may cause the submission of the case for decision based on available records
upon appropriate motion of the present party.
 The designated prosecutor of the hearing officer who fails to appear, without justifiable reason, at the
pre-hearing conference may be liable for Neglect of Duty.
 The agreement entered into during the pre-hearing conference shall be embodied in a pre-hearing
order and is binding on both parties unless in the interest of justice, the hearing officer may allow a
deviation from the same. The parties may file their respective pre-hearing briefs, copy furnished the
adverse party, before the date of the pre-hearing conference.

Continuous Hearing Until Terminated. Hearings shall be conducted on the hearing dates set by the
hearing officer or as agreed upon during the pre-hearing conference.
Note:
 Each party may be granted 1 postponement upon oral or written request.
 If respondents fail o refuse to appear or not represented by counsel during a particular hearing despite
due notice, the investigation shall proceed and the respondents shall be deemed to have waived the
right to present evidence.

Preliminary Matters. At the start of the hearing, the hearing officer shall note the appearance of the
parties.
If, after being apprised of the right to counsel, respondents appear without the aid of a counsel, they shall
be deemed to have waived the right thereto.
Before taking the testimony, the hearing officer shall place the witness under oath and then take the name,
address, civil status, age, and complete name and address of employment.
A sworn statement of the witness properly identified and affirmed shall constitute direct testimony, copy
furnished the other party.
The use of JA may also be adopted in place of the direct testimonies of witnesses. The adoption of the
JAR is without prejudice to clarificatory questions that may be asked during the hearing.

Appearance of Counsel. Any counsel who is a member of the IBP appearing before any hearing or
investigation shall manifest orally or in writing, his appearance, stating his full name and complete
address, which should not be PO box address, where he can be served with notices and other pleadings,
PTR number, attorney’s roll number, MCLE compliance certificate and IBP dues receipt number. A
lawyer who works for the government is required to present an Authority to Practice Profession from his
agency hear or the agency head’s authorized representative.
A private prosecutor may be allowed to appear provided that the public prosecutor shall have direct CS
over the private prosecutor at all times.

ORDER OF HEARING. Unless the hearing officer directs otherwise, the order of hearing may be as
follows:
a. The prosecution shall present its evidence;
 b. The respondent shall present evidence in support of his defense;
c. There may be rebuttal or sur-rebuttal.
When the presentation of the witnesses has been concluded, the parties shall formally offer their evidence
either orally or in writing and thereafter objections thereto may also be made either orally or in writing.
After which, both parties may be given time to submit their respective memorandum which in no case
shall be beyond 5 days from the termination of the investigation. Failure to submit the same within the
given period shall be considered a waiver thereof.
Objections. All objections raised during the hearing shall be resolved by the hearing officer. However,
objections that cannot be ruled upon the hearing officer shall be noted with the information that the same
shall be included in the memorandum of the concerned party to be ruled upon by the proper DA.
The hearing officer shall admit all evidence formally offered subject to the objection/s interposed against
its admission.

Markings. All documentary evidence or exhibits shall be properly marked:

a. Prosecution – letters
b. Respondent – number

Issuance of Subpoena. The hearing officer may issue subpoena ad testificandum to compel the
attendance of witnesses and subpoena duces tecum for the production of documents or things.
If a party desires the attendance of a witness and/or the production of documents, he/she shall make a
request for the issuance of the necessary subpoena ad testificandum and/or subpoena duces tecum, at least
7 days before the scheduled hearing.
Record of Proceedings. Records of the proceedings during the formal investigation may be taken in
shorthand or stenotype or any other means of recording.
Filing of Pleadings. All pleadings filed by the parties shall be copy furnished the other party with proof
of service. Failure in this regard shall justify non-receipt or non-action on the pleading. Any pleadings
sent by registered mail or private courier service shall be deemed filed on the date stamped on the
envelope or courier pack which shall be attached to the records of the case, and in case of personal
delivery, the date stamped thereon.
Effects of The Pendency of An Admin or Criminal Case. Except as otherwise provided by law,
pendency of an administrative or criminal case shall not disqualify respondent from promotion and other
human resource actions or from claiming maternity/paternity benefits.
For this purpose, 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.
The release of the retirement benefits of a person with pending case shall be governed by RA. 10154 (An
Act Requiring All Concerned Government Agencies to Ensure the Early Release of the Retirement Pay,
Pensions, Gratuities and Other Benefits of Retiring Government Employees” and its implementing rules.
FORMAL INVESTIGATION REPORT. Within 15 days after the conclusion of the formal
investigation, a report containing a narration of the material facts established during the investigation, the
findings and the evidence supporting said findings, as well as the recommendations, shall be submitted by
the hearing officer to the disciplining authority. The complete records of the case shall be attached to the
report of investigation which shall be treated with confidentiality.
The complete records with the Table of Contents shall be systematically and chronologically arranged,
paged and securely bound to prevent loss.

DECISION
The DA shall decide the case within 30 days from receipt of the FIR.

Finality of Decisions. A decision rendered by the DA or CSC ROs whereby a penalty is:
a. Reprimand, or
b. Suspension for not more than 30 days or
c. Fine in an amount not exceeding 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:

a. Suspension exceeding 30 days, or
b. Fine in an amount exceeding 30 days’ salary,

The decision shall be final and executory after the lapse of the reglementary period for filing a MR or an
appeal and no such pleading has been filed.

ADMINISTRATIVE OFFENSES AND PENALTIES

CLASSIFICATION OF OFFENSES

GRAVE LESS GRAVE OFFENSES LIGHT OFFENSES

 Punishable by Dismissal Suspension of 1 month and 1 Reprimand for the 1st offense;
day to 6 months for the 1 st Suspension of 1 day to 30 days
offense; for the 2nd offense;
Dismissal for the 2nd offense Dismissal for the 3rd offense
a. Serious dishonesty; a. Simple neglect of duty a. Simple discourtesy in
b. Gross Neglect of Duty; b. Simple misconduct; the Course of Official
c. Grave misconduct c. Discourtesy in the course of Duties;
d. Being Notoriously Official duties; b. Improper or
Undesirable; d. Violation of existing Civil unauthorized solicitation
e. Conviction of a Crime Service Law and rules of of contributions from
involving Moral Turpitude; serious nature; subordinate employees
f. Falsification of Official e. Insubordination; and in the case of
Document; f. Habitual drunkenness; teachers or school
g. Physical or mental disorder g. Unfair discrimination in officials from school
or disability due to immoral rendering public service due children;
or vicious habits; to party affiliation or c. Violation of reasonable
h. Receiving for personal use preference; office rules and
of a free, gift or other h. Failure to file sworn regulations;
valuable thing in the course statement of assets, d. Habitual tardiness;
of official duties or in liabilities and net worth, and e. Gambling prohibited by
connection therewith when disclosure of business law;
such fee, giver or other interest and financial f. Refusal to render
valuable thing is given by connections including those overtime service;
any person in the hope or of one’s spouse and g. Disgraceful, immoral or
expectation of receiving a unmarried children under 19 dishonest conduct prior
favor or better treatment that years of age living in one’s to entering the service;
the accorded to other household; h. Borrowing Money by
persons, or committing acts i. Failure to resign from one’s Superior Officer from
punishable under the anti- position in the private subordinates;
graft laws; business enterprise within i. Willful failure to pay
i. Contracting loans of money 30 days from assumption of just debts or willful
or other property from public office when conflict failure to pay taxes due
persons with whom the of interest arises, and/or to the government;
office of the employee has failure to divest oneself or (The term “just debts”
business relations; one’s shareholdings or shall apply only to:
j. Soliciting or accepting interest in private business a. Claims adjudicated
directly or indirectly, any enterprise within 60 days by a court of law; or
gift, gratuity, favor, from assumption of public b. Claims the existence
entertainment, loan or office when conflict of and justness of
anything of monetary value interest arises; Provided, which are admitted
in course of one’s official however, that for those who by the debtor.
duties or in connection with are already in the service j. Lobbying for personal
any operation being and conflict of interest interest or gain in
regulated by, or any arises, the official or legislative halls and
transaction which may be employee must either resign offices without
affected by the functions of or divest himself of said authority;
one’s office. The propriety interest within the periods k. Promoting the sale of
or impropriety of the hereinabove provided, tickets in behalf of
foregoing shall be reckoned from the date private enterprises that
determined by its value, when the conflict of interest are not intended for
kinship, or relationship had arisen; and charitable or public
 between giver and receiver j. Engaging directly or welfare purposes and
and the motivation. A thing indirectly in partisan even in the latter cases,
of monetary value is one political activities by one if there is no prior
which is evidently or holding non-political office. authority;
manifestly excessive by its l. Failure to act promptly
very nature; on letters and request
k. Nepotism; and within 15 working days
l. Disloyalty to the Republic from receipt, except as
and to the Filipino people otherwise provided in
the rules implementing
the Code of Conduct
and Ethical Standards of
Public Officials and
Employees.
m. Failure to process
documents and
complete action on
documents and papers
within a reasonable time
from preparation
thereof, except as
otherwise provided in
the rules implementing
the Code of Conduct
and Ethical Standards
for Public Officials and
Employees.
n. Failure to attend to
anyone who wants to
avail himself of the
services of the office, or
act promptly and
expeditiously on public
transactions;
o. Engaging in private
practice of one’s
profession unless
authorized by the
Constitution, law or
regulation or the head of
the office where the
employee or official is
assigned, and provided
that such practice will
not conflict with one’s
official functions.
p. Pursuit of private
business, vocation or
profession without the
permission required by
Civil Service rules and
 regulation.
SUSPENSION of 6 mos. and 1 Suspension of 1 mon. and 1
day to 1 year for the 1st offense day to 6 mos for the 1 st
and offense;
DISMISSAL from service for 6 mos and 1 day to 1 year for
the 2nd offense the 2nd offense
Dismissal for the 3rd offense
a. Less Serious Dishonesty; Simple dishonesty
b. Oppression;
c. Disgraceful and Immoral
Conduct;
d. Inefficiency and
incompetence in the
Performance of Official
Duties;
e. Frequent Unauthorized
Absences (Habitual
Absenteeism);
f. Habitual tardiness in
reporting for duty causing
prejudice to the operations
of the office;
g. Loafing from Duty During
Regular Office Hours;
h. Refusal to Perform Official
Duty;
i. Gross insubordination;
j. Conduct prejudicial to the
best interest of the Service;
k. Directly or indirectly having
financial and material
interest in any transaction
requiring the approval of
one’s office. Financial and
material interest is defined
as pecuniary or proprietary
interest by which a person
will gain or lose something;
l. Owning, controlling,
managing or accepting
employment as officer,
employee, consultant,
counsel, broker, agent,
trustee, or nominee in any
private enterprise regulated,
supervised or licensed by
one’s office, unless
expressly allowed by law;
m. Disclosing or misusing
confidential or classified
information officially known
 by reason of one’s office ad
not made available to the
public, to further one’s
private interest or give
undue advantage to anyone,
or to prejudice the public
interest;
n. Obtaining or using any
statement filed under the
Code of Conduct and Ethical
Standards for Public
Officials and Employees for
any purpose contrary to
morals or public policy or
any commercial purpose
other than by news and
communications media for
dissemination to the general
public; and
o. Recommending any person
to any position in a private
enterprise which has a
regular or pending official
transaction with one’s office,
unless such recommendation
or referral is mandated; by
(1) law, or (2) international
agreements, commitment
and obligation, or (3) as part
of the function of one’s
office.
Demotion. In this case, the
guilty person shall suffer
diminution in salary
corresponding to the next
lower salary grade with the
same salary step.
Inefficiency and Incompetence
in the performance of official
duties

PENALTY OF FINE. The following are guidelines for the penalty of fine:
1.
MITIGATING AND AGGRAVATING CIRCUMSTANCES. Except for offenses punishable by
dismissal from the service, the following may be appreciated as either mitigating or aggravating
circumstances in the determination of the penalties to be imposed:
a. Physical illness;
b. Malice;
c. Time and place of the offense;
d. Taking undue advantage of official position;
e. Taking undue advantage of subordinates;
f. Undue disclosure of confidential information;
g. Use of government property in the commission of the offense;
h. Habituality;
i. Offense is committed during office hours and within the premises of the office or building;
j. Employment of fraudulent means to commit or conceal the offense;
k. First offense;
l. Education;
m. Length of service;
n. Other analogous circumstances.
In the appreciation thereof, the same must be invoked or pleaded by the respondent, otherwise, said
circumstances will not considered in the imposition of the proper penalty. The disciplining authority,
however, in the interest of substantial justice, may take and consider these circumstances motu proprio.

MANNER OF IMPOSITION. When application, the imposition of the penalty shall be made in
accordance with the manner provided herein below:
a. 1 mitigating + No aggravating = Minimum
b. No mitigating + No aggravating = Medium
c. No mitigating + Aggravating = Maximum

PENALTY FOR MULTIPLE OFFENSES. If the respondent if found guilty of 2 or more different
offense, the penalty to be imposed should be that corresponding to the most serious offense and the rest
shall be considered as aggravating circumstances.
In case the respondent is found guilty of 2 or more counts of the same offense, the penalty shall be
imposed in the maximum regardless of the presence of any mitigating circumstance.

ADMINISTRATIVE DISABILITIES INHERENT IN CERTAIN PENALTIES. The following rules shall

govern in the imposition of accessory penalties:
a. The penalties of dismissal shall carry with it cancellation of eligibility, perpetual disqualification
from holding public office, bar from taking civil service examinations, and forfeiture of
retirement benefits.

Terminal leave benefits and personal contributions to GSIS, Retirement and Benefits
 Administration Service or other equivalent retirement benefits system shall not be subject to
forfeiture.

b. The penalty of demotion shall carry with it disqualification from promotion for 1 year.

c. The penalty of suspension shall carry with it disqualification from promotion corresponding to
the period of suspension.

d. The penalty of fine shall carry with it disqualification from promotion for the same period the
respondent is fined.

e. The penalty of reprimand shall not carry with it any accessory penalties.

f. A warning or admonition shall not be considered a penalty.

EFFECTS OF EXONORATION ON CERTAIN PENALTIES. The following rules shall govern when the
decision is for exoneration:
a. In case the penalty imposed is fine, the same shall be refunded.
b. In case of demotion, the respondent shall be entitled to restoration of former salary grade with the
same salary step and payment of salary differentials during the period the demotion was imposed.
c. In case the penalty imposed is suspension, the respondent shall immediately be reinstated to
former post without loss of seniority rights and with payment of back wages and all benefits
which would have accrued as if the respondent has not been illegally suspended.
d. In case the penalty imposed is dismissal, the respondent shall immediately be reinstated without
loss of seniority rights and with payment of back wages and all benefits which would have
accrued as if the respondent has not been illegally dismissed.
e. The respondent who is exonerated on appeal shall be entitled to the leave credits for the period
the respondent had been out of the service.
The grant of back wages and other benefits may be subject of settlement and/or compromise.

SETTLEMENT IN ADMINISTRATIVE CASES

In cases of light offenses where the act is purely personal on the party of the private complainant and the
person complained of and there is no apparent injury committed to the government, settlement of offenses
may be considered. Provided that settlement can no longer be applied for the 2 nd offense of the same act
committed by the person complaint of.

GUIDELINES. The following are the guidelines in the settlement of purely personal matters in
administrative cases:
 a. Settlement shall be allowed only for administrative offenses where the act is purely personal
between the private complainant and the person complained of and there is no apparent injury to
the government;
b. Upon filing of the complaint, the DA or its authorized representative motu proprio shall
determine whether the offense can be the subject of settlement. In the affirmative, the person
complained of shall be required to comment and indicate therein whether he is willing to submit
the case for settlement.
c. The person complained of may more for the settlement of the complaint anytime before the
issuance of the formal charge.
d. If the person complained of opts for settlement, the DA or authorized representative shall issue an
order requiring the appearance of parties;
e. If settlement succeeds, a Compromise Agreement shall be executed between the parties and
attested by the DA or authorized representative.
f. The CA shall be binding on the parties which cannot be impugned unless it is proven that there
was duress or fraud in its execution on the part of any of the parties;
g. A decision shall be issued by the DA based on the CA which may include, among others, the
provisional dismissal of the complaint;
h. In the event that the proceedings fail, the DA or authorized representative shall issue an order
terminating the process and continue with the investigation of the case; and
i. In case of non-compliance by the person complained of with the CA, the case may be reopened
for investigation until its final determination.

MOTION FOR RECONSIDERATION IN DISCIPLINARY CASES.

The party adversely affected by the decision may file a motion for reconsideration with the DA who
rendered the same within 15 days from receipt thereof unless otherwise provided by law. However, the
private complainant may file a MR from the decision for the CSC RO.
Note: A motion for extension to file a MR is not allowed.

When Deemed Filed. A MR sent by registered mail or private courier service shall be deemed filed on
the date stamped on the envelope or courier pack which shall be attached to the records of the case. In
case of personal delivery, it is deemed filed on the date stamped thereon by the proper office.

Grounds. The MR 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.

Limitation. Only one MR shall be entertained. If a 2 nd MR is filed notwithstanding under these Rules, the
finality of action shall be reckoned from the denial of the 1 st motion.
 APPEAL IN DISCIPLINARY CASES
Subject to Section 49 of these Rules, decisions of DA, imposing a penalty exceeding 30 days suspension
or fine in an amount exceeding 30 days salary, may be appealed to the Commission within the period of
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, which case the same shall be executory only after confirmation by the Secretary concerned.
When Deemed Filed. An appeal sent by registered mail or private courier service shall be deemed filed
on the date stamped on the envelope or courier pack which shall be attached to the records of the case. In
case of personal delivery, it is deemed filed on the date stamped thereon by the proper office.
Note: An appeal, once perfected, cannot be withdrawn except upon motion duly approved by the
appellate body.

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:
a. Grounds relied upon for the appeal/petition for review;
b. Certified true copies of the assailed decision, resolution or order; and
c. Certified true copies of documents or evidence relevant to the case.
The Memorandum shall be filed with the appellate authority, copy furnished the DA. 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 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 free; and
d. 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 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.
Effect of Filing. Except for cases requiring confirmation of the Department Secretary concerned and
cases decided by the CSC ROs, an appeal/petition to the Commission shall not stop the
decision/resolution from being executory.
Effect of Finding of Violation of Due Process. If on appeal, the Commission finds that the DA violated
respondent-appellant’s right to dur process, the Commission shall dismiss the case against the respondent
and order the immediate reinstatement of the respondent with payment of back wages and other benefits.
However, the dismissal of the case shall be without prejudice on the party of the disciplining authority to
file it in accordance with law.
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 15 days from the receipt thereof.
PETITION FOR REVIEW OF DECISIONS OF AGENCIES. Except in cases involving sexual
harassment, a Decision/Resolution of DA 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.
PETITION FOR REVIEW WITH THE COURT OF APPEALS. A party may elevate a
Decision/Resolution of the Commission before the CA by way of a petition for review under Rule 43 of
the Rules of Court

PAYMENT OF BACK WAGES AND OTHER SIMILAR BENEFITS

Who are entitled. The following are entitled to back wages and other similar benefits:
a. An illegally dismissed or suspended official or employee who is exonerated/reprimanded and
ordered reinstated in the service; and
b. A respondent placed under PS, whose order of suspension was declared by the Commission as
invalid.
Who are included. Subject to the guidelines provided hereinafter and other exiting laws, rules and
regulations, the following benefits are included in the scope of back wages:
a. Salaries from the time the official or employee was illegally dismissed/suspended up to the time
of actual reinstatement;
b. Representation and Transportation Allowance as provided under existing rules;
c. Personnel Economic Relief Allowance/ Additional Compensation Allowance (PERA/ACA);
d. Restoration of leave Credits;
e. Loyalty Award;
f. Anniversary Bonus;
g. 13th, 14th Month Pay and Cash Gift;
h. Uniform/Clothing Allowance;
i. Performance-based Bonus; and
j. Other similar benefits given to regular employees by the agency

GUIDELINES. The following are the guidelines in the payment of back wages and other similar benefits
to an illegal dismissed/suspended employee:
a. The payment of back wages should be computed based on the rate of salary grade/job grade/pay
level/pay grade of the respondent at the time of dismissal or suspension including the increases in
salary, allowances and other emoluments that may occur during the period the employee was
prevented from rendering service.
 b. For entitlement to RATA, subject to existing rules and regulations, the requirement of actual
performance of duty to an illegally dismissed or suspended respondent is dispensed with since it
is unreasonable to expect or demand performance of his functions when the circumstances
prevent one from doing so.
c. The PERA/ACA shall be paid to civilian government personnel, whether occupying regular,
contractual or casual positions, appointive or elective, whose positions are covered by RA 6758,
as amended.
d. The restoration of leave credits shall be subject to annual deductions of 5 days forced
leave/mandatory leave as required by the Omnibus Rules on Leave.
e. For purposes of Loyalty award given to all officials/employees in the government who have
rendered at least 10 years of continuous and satisfactory service in the government pursuant to
CSC MC 6, 2002, the period under which the respondent was illegally dismissed or suspended
should not be considered as a gap in the service. The same should be included in the computation
of his length of service.
f. Anniversary bonus is given during milestone years. A milestone year refers to the 15 th
anniversary and every 5th year thereafter. Respondents have been illegally dismissed or suspended
during the milestone years shall be entitled to the payment of anniversary bonus.
g. The 13th/14th month pay plus Cash Gift under existing laws or provided in the GAA shall be
granted to each qualified official or employee which is equivalent to 1 month basic salary.
h. Uniform or clothing allowance refer to the amount granted per year to each qualified official or
employee as provided in the GAA.
i. Bonuses based on performance shall be given on the basis of the rating of the employee prior to
one’s illegal dismissal or suspension from the service.
An illegally dismissed or suspended official or employee or a respondent who is exonerated or
reprimanded is entitled to the payment of the aforementioned benefits from the time of illegal termination
up to actual reinstatement.
Allowable Deductions. The payment of back wages shall be subject to withholding tax, GSIS premium,
Philhealth and HDMF fund contributions, and other monthly dues/deductions, if there be any, which is
imposed by the agency.
Payment of 13th/14th month pay, Cash Gift, Anniversary Bonus, and other additional bonus given by the
agency which exceeds the ceiling tax exemption shall be subject to withholding tax.

REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Recommendation for Removal of Administrative Penalties or Disabilities. In meritorious cases and upon
recommendation of the Commission, the President may commute or remove administrative penalties or
disabilities imposed upon an official or employee in disciplinary cases, subject to such terms and
conditions as the President may impose in the interest of the service.
Subject to existing procedures, a petition for a favorable recommendation for the grant of removal of
administrative penalties or disabilities may be filed by a dismissed official or employee with the
Commission upon submission of the following:
a. Certified true copy of the decision or resolution in the disciplinary case;
 b. Favorable recommendation by the disciplining authority or head of office from which he was
dismissed;
c. Affidavit or certification from reputable members of the community where he resided that he is
good parent/family member and/or neighbor, law-abiding and active member of community and
civil organizations;
d. Proof of non-pendency of an appeal/petition for review relative to one’s disciplinary case before
any court/tribunal; and
e. Proof of payment of filing fee.

GUIDELINES. The following are the guidelines for the grant of favorable recommendation for the
removal of administrative penalties or disabilities:
a. Apart from compliance with the requirements, the petitioner must demonstrate through specific
and positive action and behavior that he has become a useful member of the community;
b. A minimum of 3 years should have lapsed, from the time of the finality of the decision dismissing
the petitioners from the service, in order that the petitioners may be considered as to have truly
undergone moral reformation;
c. The petitioner seeking the removal of administrative penalties or disabilities must have
recognized/accepted his guilt in his petition to show that he is repentant/remorseful of the
consequences of his act, in addition to the above-mentioned requirements;
d. In case where a petitioner is above 65 years of age, the Commission may favorably recommend
the removal of his administrative penalties or disabilities, provided that he complies with the
requirements and submit proof of moral reformation; and
e. In case where the person is found guilty of depriving the government of money or property,
restitution shall be required before the Commission can favorably recommend the removal of
administrative penalties or disabilities.

Conduct of Background Investigation and Submission of Recommendation. Upon receipt of a request

sufficient in form and substance, the Commission may refer the same to the appropriate CSC RO for the
conduct of background investigation and submission of recommendation within 60 days from receipt of
the directive.

NON-DISCIPLINARY CASES
INVALIDATION OR DISAPPROVAL OF APPOINTMENT
Who May Appeal; Effect. Either the appointing authority or the appointee may assail the invalidation or
disapproval of an appointment. Pending resolution of the appeal before the CSC, the appointee shall
remain in his position with entitlement to salaries. In case an appointment is finally invalidated or
disapproved, the appointee shall be entitled to restoration to his previous position, if applicable.
When an appointment is invalidated/disapproved on grounds that do not constitute a violation of civil
service law, the appointee shall be considered a de facto official/employee for which he is entitled to
payment of salaries from the government and the services are creditable government service. On the other
hand, when an appointment is invalidated/disapproved for violation of pertinent laws such as publication
requirement pursuant to RA 7041, among others, the services of the appointee shall not be credited as
government service and the salaries of the appointee shall be borne by the appointing authority and/or the
persons responsible for the commission of the violation of a rule, law.
Agencies may fill up a vacant position resulting from promotion only after the CSC has
approved/validated the promotional appointment, except in meritorious cases as may be authorized by the
Commission.
Evaluation of Qualification of Appointee. For purposes of evaluation of the qualification of appointee,
his qualification shall be reckoned from the time of the issuance of the appointment.
Where and When to File. Subject to requirement of Rule 13 of these Rules, appointments invalidated or
disapproved by the CSC FO may be appealed to the CSC RO while those invalidated or disapproved by
the CSC RO may be appealed to the Commission within the 15 day reglementary period.
To facilitate prompt actions on invalidated or disapproved appointments, motions for reconsideration filed
with CSC FO shall be treated as an appeal to the CSC RO and a MR at the CSC RO will be treated as a
PR to the Commission and all the records thereof including the comments of the CSC FO or CSC RO
shall, within 10 days from receipt of the latter, be forwarded to the CSC RO or the Commission as the
case may be.

PROTEST AND REVOCATION OF APPOINTMENTS

Only qualified next-in-rank official or employee may file a protest against an appointment made in favor
of another who does not possess the minimum qualification requirements.
Where to file. A qualified next-in-rank employee shall have the right to appeal initially to the head of
agency, then to the CSC RO, then to the Civil Service Commission Proper.
When to file. Protest may be filed within 15 days from the announcement and/or posting of appointments
subject of protest.
For this purpose, all appointments promotions shall be duly announced and/or posted in bulletin boards or
at conspicuous places in the Department or Agency within 30 days or within a shorter period from the
issuance of the appointment as provided in the agency-approved Merit Selection Plan.
Effect on the Appointment. A protest shall not render an appointment ineffective or bar the
approval/validation thereof, by the CSC FO, CSC RO or the Commission, as the case may be, but the
approval/validation shall be subject to the final outcome of the protest.
An appointment may still be revoked by the appointing authority prior to the submission to the CSC FO
even if the appointee has accepted the appointment and assumed office. A decision or resolution by the
appointing authority granting the protest shall be subject to appeal by the appointee or to automatic
review by the concerned CSC RO. The appointing authority shall within 5 days from issuance of such
decision or resolution transmit the records of case to the CSC RO for disposition.
The appointing authority, however, does not have the power to revoke an appointment which was already
submitted to the CSC FO.
When Deemed Filed. A protest is deemed filed, in case the same is sent by registered mail or private
courier service, on the date stamped on the envelope or courier pack which shall be attached to the
records of the case, and in case of personal delivery, on the date stamped by the agency or the
Commission.
Effect of Withdrawal of Protest. A protest or an appeal in this case my be withdrawn at any time as a
matter of right. The withdrawal of the protest or appeal shall terminate the protest case.
Dismissal of Protest. A protest shall be dismissed on any of the following grounds:
a. The protestant is not qualified next-in-rank;
b. The protest is not directed against a particular protestee but to “anyone who is appointed to the
position” or directed to two or more prostestee;
c. No appointment has been issued; or
d. The protest is filed outside of the 15 day reglementary period.

FINALITY OF DECISION. A decision or Resolution denying a protest shall become final and
executory after 15 days from receipt thereof and no MR, appeal, or PR has been filed.

Effect of Decision. In case the protest is finally decided by the CSC against the protestee, the
approval/validation of his appointment shall be revoked and the appointment shall be considered
disapproved/invalidated. The protestee shall be reverted to his former position, if applicable.
Recall of Approval/Validation of Appointment; Who may file. The Commission, or any of its CSC
RO or CSC FO, motu proprio or upon petition by any person, may initiate the recall of
approval/validation of an appointment of an official or employee who does not meet the requisite
qualification standards of the position or on the ground that the appointment was issued in violation of
existing civil service laws, rules and regulations.
When and Where to File. The petition may be filed anytime, during the subsisting appointment, to the
CSC RO which has jurisdiction over the appointee. In case the petition is filed with the CSC FO, the same
shall be transmitted to the CSC RO concerned for decision.
Effect on the Appointment. During the pendency of a petition to recall the approval/validation of
appointment, the appointee shall remain and continue to discharge the functions of the position.
FINALITY OF THE DECISION. A decision or Resolution on petition to recall the approval of the
appointment shall become final executory after 15 days from receipt thereof and no MR or appeal or
petition for review has been filed.
Effect of Decision. When the petition to recall the approval/validation of an appointment is decided by the
CSC against the appointee, the approval/validation of his appointment shall be revoked and the
appointment shall be considered disapproved/invalidated. In case of a promotion from within the same
agency, the appointee shall be reverted to his former position, if applicable.

DROPPING FROM THE ROLLS

Grounds and procedure for Dropping from the Rolls. Officers and employees who are absent without
approved leave, have unsatisfactory or poor performance, or have shown to be physically or mentally
unfit to perform their duties may be dropped from the rolls within 30 days from the time a ground therefor
arises subject to the following procedures:
Absence without Approved Leave
a. An official or employee who is continuously absent without official leave (AWOL) for atleast 30
working days may be dropped from the rolls without prior notice which shall take effect
immediately.

He shall, however, have the right to appeal his separation within 15 days from receipt of the
notice of separation which must be sent to his lasts known address.

b. If the number of unauthorized absences incurred is less than 30 working days, a written Return-
to-Work order shall be served on the official or employee at his last known address on record.
Failure on his part to report to work within the period state in the order, which shall not be less
than 3 days, is a valid ground to drop him from the rolls.
c. If it is clear under the obtaining circumstances that the official or employee concerned, has
established a scheme to circumvent the rule by incurring substantial absence though less than 30
working days, 3 times in a semester, such that a pattern is already apparent, dropping from the
rolls without notice may likewise be justified.

In the determination of whether the absences incurred are substantial, circumstances that would affect
the delivery of service shall be taken into consideration.

Unsatisfactory or Poor Performance

a. An employee who obtained unsatisfactory rating for one rating period or exhibited poor
performance within the first 3 months of the rating period shall be provided appropriate
developmental intervention by the Head of Office and supervisor (Division/Unit Head), in
coordination with the HRM Officer/Personnel, to competency-related performance gaps.

If after advice and provision of the development intervention, the employee still obtains poor
rating for the remaining months of the rating period or unsatisfactory rating I the immediately
succeeding rating period, he may be dropped from the rolls.
b. An officer or employee who is given 2 consecutive Unsatisfactory ratings may be dropped from
the rolls after due notice. Notice shall mean that office or employee concerned is informed in
writing of his unsatisfactory performance for a semester and is sufficiently warned that a
succeeding unsatisfactory performance may warrant his dropping from the rolls. Such notice shall
be given not later than 30 days from the end of the semester and shall contain sufficient
information which shall enable the officer or employee to prepare an explanation within a
reasonable period specified in the notice. This period shall not apply to probationary employees
as defined under Sec. 4 (v) of this Rules.
c. An officer or employee, who for one evaluation period is rated Poor in performance, may be
dropped from the rolls provided he has been informed in writing of the status of his performance
 within 15 days after the end of the 3rd month with sufficient warning that failure to improve his
performance within the remaining period of the semester shall warrant his dropping from the
rolls. Such notice shall also contain sufficient information which shall enable the officer or
employee to prepare an explanation within a reasonable period specified in the notice.

Physical unfitness
a. An officer or employee who is continuously absent for more than 1 year by reason of illness may
be declared physically unfit to perform his duties and may be consequently dropped from the
rolls.
b. An officer or employee who is intermittently absent by reason of illness for at least 260 working
days during a 24 month period may also be declared physically unfit by the head of office.
For this purpose, notice shall be given to the officer or employee concerned containing a brief
statement of the nature of his incapacity to work.

Mental Disorder
a. An officer or employee who is behaving abnormally for an extended period, which may manifest
continuing mental disorder shall be provided necessary human resource and psychological
interventions. If after interventions, continued abnormal behavior/mental disorder is manifested,
as reported by his co-worker or immediate supervisor and confirmed by a license psychiatrist, the
officer or employee may be dropped from the rolls.
b. If the officer or employee refuses to undergo the necessary human resources and/or psychological
interventions, he or she may be dropped from the rolls based on the report of co-workers or
immediate supervisor and after confirmation by a licensed psychiatrist.