2017 RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE (2017 RACCS) ese LINGKOD ns ANG BAWATKAWANI.Resolution No. 1701 Pursuant to Section 6, Article IX-A of the 1987 Constitution, the Civil Service Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights. Likewise, Section 12 (2), Chapter 3, Title |, Subtitle (A), Book V of the Administrative Code of 1987 (Executive Order No. 292) empowers the Civil Service Commission, among others, to prescribe, amend and enforce rules and regulations to effectively carry into effect the provisions of the Civil Service Law and other pertinent laws which include the procedure in administrative cases in the Civil Service. NOW, THEREFORE, the Commission hereby adopts and promulgates the following rules congerning disciplinary and non-disciplinary proceedings in administrative inthe Civil Service. Zam TINGKOD CSC BAYAN,GENERAL PROVISIONS Rule 1 APPLICABILITY AND CONSTRUCTION Section 1. Title. These Rules shall be known and cited as the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS). Za TINGKoD ssov ANGBAWAT KAWANL Aepubico the Pipes cansRule 1 Section 2. Coverage. These Rules shall apply to all disciplinary and non-disciplinary administrative cases or matters brought before the Civil Service Commission (CSC) and its regional/field offices, agencies of the national government, local government units, state universities and colleges (SUCs) or local universities and colleges (LUCs), and government- owned or controlled corporations with original charters except as may be provided by law. Unless otherwise provided by law, rules formulated by the agencies shall not be in conflict with these Rules. ésc LINGKOD cuss ANG BAWAT KAWANI.Rule 1 Section 3. Construction. These Rules shall be liberally construed in order to promote their objective in obtaining just, speedy, and inexpensive disposition of administrative cases. Administrative investigations shall be conducted without strict recourse to technical rules of procedure and evidence applicable to judicial proceedings. GAWING LINGKOD ov ANGBAWATKAWANIRule 1 Section 4. Definition of Terms. The terms hereunder shall be construed as follows: a. AGENCY refers to any bureau, office, commission, administration, board, council, institute, state university and college (SUC) or local university and college (LUC), corporation with original charter, whether performing governmental or proprietary function, or any other unit of the national government as well as provincial, city, municipal or autonomous regional government. ésc LINGKOD ~couussov ANGBAWAT KAWANIRule 1 b. APPOINTING AUTHORITY refers to the person or body duly authorized to issue appointments and other human resource actions in the civil service. c. BACK WAGES represent the compensation and other benefits that should have been earned but were not collected because of the illegal dismissal/separation or suspension following the principle that an illegally dismissed government employee who is later reinstated is entitled to all the rights and privileges that accrue by virtue of the office held.Rule 1 d. CIVIL SERVICE is the generic term which refers to all officials and employees in all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters. e, CIVIL SERVICE COMMISSION FIELD OFFICES (CSCFOs) refer to the Civil Service Commission Field Offices under the direct supervision of the Civil Service Commission Regional Office, each headed by a Field Director.Rule 1 f. CIVIL SERVICE COMMISSION REGIONAL OFFICES (CSCROs) refer to the Civil Service Commission Regional Offices, each headed by a Regional Director. g. COMMISSION refers to the Civil Service Commission composed of the Chairperson/Chairman and two (2) Commissioners. ov ANGBAWATKAWANIRule 1 h. DEPARTMENT refers to any of the executive departments or entities having the category of a department, including the judiciary, legislative and the other constitutional commissions.Rule 1 is DEVELOPMENTAL INTERVENTIONS refer to appropriate learning activities which may include coaching, mentoring, cross posting program, job rotation, temporary assignment, secondment, team _ building, knowledge sharing and learning session, shadowing, counselling, etc. j. DISCIPLINING AUTHORITY refers to the person or body duly authorized by law to impose the penalty provided for by law or rules.Rule 1 k. EMPLOYEE refers to a person who works for an agency and occupies a position in either the first and second level whose functions are not managerial in nature. |. EX-PARTE refers to the act or manner of conducting a proceeding where only one party is present without representation from or to other parties. ésc LINGKOD canisenvcecoumssioy ANG BAWAT KAWANI.Rule 1 m. FIXER refers to any individual whether or not officially involved in the operation of a government office or agency who has access to people working therein, and whether or not in collusion with them, facilitates speedy completion of transactions for pecuniary gain or any other advantage or consideration. n. FORUM SHOPPING refers to the filing of several administrative actions or complaints either simultaneously or successively before agencies or tribunals having concurrent jurisdiction over a case against the same party involving the same essential facts, circumstances, acts, causes of action or relief, and all raising substantially the same issues. Such case can either be pending in, or already resolved adversely by, some other tribunal or a GAWING Zam | INGKOD > CSC BAYAN ANG BAWAT KAWANI.Rule 1 o. HUMAN RESOURCE (HR) refers to the people, including their qualifications, competencies, talents and potentials. HR as a function pertains to the management, development and utilization of the people towards the excellent and ethical achievement of vision of the organization. p. HUMAN RESOURCE (HR) ACTION refers to any action denoting the movement or progress of officials and employees in the civil service which shall include appointment, promotion, transfer, reappointment, reinstatement, reemployment, reclassification, detail, designation, reassignment, secondment, demotion and separation from the service. ésc LINGKOD cuss ANG BAWAT KAWANI.Rule 1 q. MOTU PROPRIO refers to an action taken by the disciplining authority on its own initiative. r. OFFICIAL refers to a person who occupies either a professional, technical, or scientific position and whose functions are managerial in character, exercising management over people, resource and/or policy and exercising functions such as planning, organizing, directing, coordinating, controlling, and overseeing the activities of an organization, a unit thereof or of a group, requiring some degree of professional, technical or scientific knowledge and experience, application of managerial skills required to carry out basic duties and responsibilities involving leadership, functional guidance and control. Positions of officials require inten: anidithorough knowledge of a tay field. GAWING Zam | INGKOD > CSC BAYAN ANG BAWAT KAWANI.Rule 1 s. PARTY ADVERSELY AFFECTED refers to the respondent against whom a decision in an administrative case has been rendered or to the disciplining authority or prosecuting agency in an appeal from a decision reversing or modifying the original decision. t. PERSON COMPLAINED OF refers to the person who is the subject of a complaint but who is not yet issued a notice of charge or formal charge by the disciplining authority.Rule 1 u. PRIMA FACIE CASE refers to the evidence which, if unexplained or uncontradicted, is sufficient to sustain a judgment in favor of the issue it supports, but which may be contradicted by other evidence. v. PROBATIONARY EMPLOYEE refers to an employee who is required to undergo a thorough character investigation and assessment of capability to perform the duties of the position enumerated in the Position Description Form (PDF) during the probationary period which is generall six (6) months or depending on the duration of the probationary period as required by the position or by law. ése LINGKOD ov ANGBAWATKAWANIRule 1 w. PROTEST refers to an action filed by a qualified next-in-rank official or employee questioning the issuance of an appointment in favor of another on the basis of lack of qualifications of the appointee. x. PSYCHOLOGICAL INTERVENTIONS refer to psychological counseling; psychotherapy; psychosocial support; life coaching; psychological debriefing; group processes; and all other psychological interventions that involve the application of psychosocial principles and methods to improve the psychological functioning of individuals; families; groups; and organizations’. + Section 3(b) (1), Rule Ill of the Implementing Rules and Regulations of Republic Act No. 10029 or AN ACT TO REGULATE THE PRACTICE OF PSYCHOLOGY CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF PSYCHOLOGY, APPROPRIATING FUNDS THEREAQIRLAND FOR OTHER PURPOSES known as “Philppine Psychology Act of 2009" GAWING Zam | INGKOD > CSC BAYAN ANG BAWAT KAWANI.y. QUALIFIED NEXT-IN-RANK refers to the employee appointed on a permanent basis to a position previously determined to be a next-in-rank to the vacancy and who meets the requirements for appointment thereto as previously determined by the appointing authority and approved by the Commission. z. RESPONDENT refers to the person who is issued a notice of charge or formal charge by the disciplining authority. ésc LINGKOD canisenvcecoumssioy ANG BAWAT KAWANI.aa. SEXUAL HARASSMENT refers to an act, or a series of acts, involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government employee or official in a work-related, training or education related environment of the person complained of. bb. SHOW-CAUSE ORDER refers to the written document requiring a person to explain, or justify before the disciplining authority or its duly authorized representative within a given period why no disciplinary action shall be taken against him/her. ésc LINGKOD cuss ANG BAWAT KAWANI.Rule 2 JURISDICTION AND VENUE OF ACTIONS Section 5. Jurisdiction of the Civil Service Commission. The Civil Service Commission shall hear and decide administrative cases or matters instituted by or brought before it, directly or on appeal, including contested appointments, and review decisions and actions of its offices and other government agencies. GAWING LINGKOD ov ANGBAWATKAWANISection 6. Referral of Case or Matter to the Proper Office. When an administrative case or matter is filed before the Commission or any of the CSC ROs, but jurisdiction over such case or matter properly belongs to any other CSC RO or to the Commission, the same shall be forwarded by the office concerned to the appropriate CSC RO having jurisdiction over the case or matter or to the Commission as the case may be. The Commission or the CSC RO may also refer a case or matter to other agencies as it may deem necessary. ov ANGBAWATKAWANIRule 2 Section 7. Cases Cognizable by the Service Commission shall take cognizance of the following cases: A. Disciplinary 1. Decisions of CSC ROs brought before it on petition for review; 2. Complaints brought against CSC officials and employees both in the Central Office (CO) and CSC ROs. For this purpose, CSC ROs shall conduct the investigation and submit report and recommendation to the Commission in cases involving their own appointed officials and employees. Complaints ése LINGKOD ov ANGBAWATKAWANIRule 2 3. Complaints against officials who are not presidential appointees or elective officials; 4. Decisions of disciplining authorities imposing penalties exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days salary brought before it on appeal; Decisions of disciplining authorities imposing penalties not exceeding thirty (30) days suspension or fine equivalent to 30 days salary but violating due process; ése LINGKODRule 2 B. Non-Disciplinary Decisions of department secretaries and bureau heads on human resource actions; Decisions of CSC ROs; Requests for favorable recommendation on petition for the removal of administrative penalties or disabilities; Requests for extension of service excluding presidential appointees; Appeals from reassignment of public health workers and public social workers; Such other analogous actions or petitions arising out of or in relation wil ‘oregoing enumerations. ésc LINGKOD ~couussov ANGBAWAT KAWANIRule 2 Section 8. Cases Cognizable by Regional Offices. Except as otherwise directed by the Commission, the CSC ROs shall take cognizance lof the following cases: A. Disciplinary 1. Cases initiated by, or brought before, the CSC ROs provided that the alleged acts or omissions were committed within the jurisdiction of the CSC RO, including fraudulent acquisition of civil service eligibility (violation of Republic Act No. 9416)? and_its related offenses. ¥Y FORM OF CHEATING IN CIVIL SERVICE EXAMINATIONS, UNAUTHORIZED USE AND POSSESSION OF CIVIL. XTED MATERIALS, AND GRANTING THE CSC EXCLUSIVE JURISDICTION OVER THESE CASES INCLUDING ése LINGKOD THOSE COMMITTED BY P Aepubico the Pipes cuss ANG BAWAT KAWANI.Rule 2 2. Petitions to place respondent under preventive suspension in connection with cases pending before the CSC RO concerned. B. Non-Disciplinary 1. Disapproval/Recall of Approval/Invalidation of appointments brought before it on appeal; 2. Decisions of appointing authorities within their geographical boundaries relative to protests and other human resource actions as well as other non-disciplinary actions brought before them on appeal; and ections of personal information in the records of the aa GAWING csc LINGKOD senthet be Pinaes BA ’ ANGBAWATKAWANI.Rule 2 Section 9. Jurisdiction of Disciplining Authorities. The disciplining authorities 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 thirty (30) days or fine in an amount not exceeding thirty (30) days salary subject to Section 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. Zam ‘INGKOD Fagot Pipes ANGBAWAT KAWANLRule 3 DISCIPLINARY CASES Rule 3 COMPLAINT Section 10. Who May Initiate. Administrative proceedings may be initiated by the disciplining authority motu proprio or upon complaint of any other person. Section 11. Requisites of a Valid Complaint. No complaint against an official or employee shall be given due course unless the same is in riting, subscribed and sworn to by the complainant. In cases initiated by he proper disciplining authority or an authorized representative, a show ause order is suffici, éec LINGKOD BA ’ ANGBAWATKAWANI.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. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 3 The complaint shall contain the following: . full name and address of the complainant; . full name and address of the person complained of as well as his/her position and office; . a narration of the relevant and material facts which shows the acts or omissions allegedly committed; . certified true copies of documentary evidence and affidavits of his/her witnesses, if any; and . certification or statement of non-forum shopping. The absence of any of the aforementioned requirements may cause the dismissal of the complaint without prejudice to its refiling upon éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 3 Section 12. 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. Section 13. When and Where to File a Complaint. Except when otherwise provided for by law, an administrative complaint may be filed anytime with the Commission or any of its regional offices, heads of departments, agencies, national government, local government units, state universities and colleges (SUCs) or local universities and colleges (LUCs), and government-owned or controlled corporations with original charters except as may be preyided by law. éec LINGKOD BA ’ ANGBAWATKAWANI.Section 14. Complaints in Sexual Harassment Cases. In sexual harassment cases, the complaint shall be filed with the Committee on Decorum and Investigation (CODI) which shall be created in all national or local agencies of the government, state/local colleges and universities, including government-owned or controlled corporations with original charters. In a work-related environment, a CODI shall be composed of at least one (1) representative each from the management, the accredited union, if any, the second level employees, and the first level employees, duly selected by the unit concerned. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 3 In an educational or training institution, the Committee shall be composed of at least one (1) representative from the administration, teaching and non-teaching staff and students or trainees, as the case may be, duly selected by the level concerned. When the complainant or the person complained of is a member of the Committee, he/she shall be disqualified from being a member thereof or the complaint may be filed directly with the Civil Service Commission. éec LINGKOD BA ov ANGBAWATKAWANI.The agency may formulate its own rules governing the term of office of its members which should not be more than two years, and other matters pertaining to the functions of the Committee not otherwise provided in these Rules. The head of office who fails to create a CODI shall be charged with Neglect of Duty. Zam ‘INGKOD BA ov ANGBAWATKAWANI. Fagot PipesRule 3 Section 15. Jurisdiction of the CSC over Sexual Harassment Cases. case a complaint for sexual harassment is filed with the Commission, the same shall be remanded to the agency where the alleged offender is employed. However, the Commission may take cognizance of the case under any of the following circumstances: [Link] agency has no CODI; [Link] disciplining authority is the subject of the complaint; [Link] subject of the complaint is a CODI member ; or Zam ‘INGKOD ams ov ANGBAWATKAWANIRule 3 d. there is unreasonable delay in complying with the periods provided in these Rules for the investigation and adjudication of a sexual harassment complaint. For this purpose, there is unreasonable delay when any of the periods set in these Rules lapsed for a period of more than thirty (30) days without justifiable reason. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 3 Section 16. 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. Section 17. Action on the Complaint. Upon receipt of a complaint which is sufficient in form and substance, the disciplining authority shall conduct a preliminary investigation to determine the existence of a prima facie case. The disciplining authority may create an investigating committee or designate an investigator for such purpose. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 3 In sexual harassment cases, the CODI shall perform the following functions: 1. Receive complaints of sexual harassment; 2. Investigate sexual harassment complaints including preliminary investigation in accordance with the prescribed procedure; éec LINGKOD Fagot Pipes ca sence comus BA ov ANGBAWATKAWANI.Rule 3 3. Submit a report of its findings with the corresponding recommendation to the disciplining authority for decision; and 4. Lead in the conduct of discussions about sexual harassment within the agency or institution to increase understanding and prevent incidents of sexual harassment; ésc LINGKOD Fagot Pipes ‘seve conus BA ov ANGBAWATKAWANI.Localized CODI established in the regional or field offices, as the case may be, of the agency or institution shall have the same functions as stated above and shall submit the report of investigation with its recommendation directly to the disciplining authority. The agency shall adopt mechanisms to provide assistance to the alleged victim of sexual harassment which may include counselling, referral to an agency offering professional help, and advice on options available before the filing of the complaint. éec LINGKOD BA ’ ANGBAWATKAWANI.Section 18. Preliminary Investigation; Definition. 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. Section 19. How conducted. Preliminary investigation may be conducted in any of the following manner: a) requiring the submission of counter affidavit or comment and/or other documents from the person complained of within five (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 éec LINGKOD BA ov ANGBAWATKAWANI. Fagot PipesWhen the complaint is initiated by the disciplining authority, it or i 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 preliminary investigation may be completed even without the counter-affidavit/comment/explanation. The right to counsel may be exercised even during the preliminary investigation. For cases filed before the Commission or any of its Regional Offices, the preliminary i igation may be entrusted to lawyers of other p 113 of these Rules. BAWING ésc LINGKOD BA ’ ANGBAWATKAWANI. Fagot PipesRule 4 Section 20. Duration of the Preliminary Investigation. preliminary investigation shall commence within a non-extendible period of five (5) days upon receipt of the complaint by the disciplining authority and shall be terminated within twenty (20) days thereafter. However, the disciplining authority may extend such periods in meritorious cases. Section 21. Investigation Report. Within five (5) days from the termination of the preliminary investigation, the investigating officer/body shall submit the Investigation Report with recommendation and the complete records of the case to the disciplining authority. The Invegtigat Report shall be treated with confidentiality. éec LINGKOD BA ov ANGBAWATKAWANI.Rule 4 Section 22. Decision or Resolution After Preliminary Investigation. If a prima facie case is established after preliminary investigation, the disciplining authority 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. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 5 FORMAL CHARGE/NOTICE OF CHARGE Section 23. Issuance of Formal Charge; Contents. After a finding of a prima facie case, the disciplining authority shall formally charge the person complained of, who shall now be called as respondent. 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 three (3) days but not more than ten (10) days from receipt thereof, an advice for the respondent to indicate in the answer whether or not a formal investigationgis défManded, and a notice that respondent may opt to be assiste counsel. iy SING LINGKOD _ ~~: Fagot Pipes ov ANGBAWATKAWANISection 24. Notice of Charge. In instances where the complaint was initiated by a person other than the disciplining authority, the disciplining authority may issue a written notice of the charge against the person complained of who will now be called respondent, to which shall be attached copies of the complaint, sworn statement and other documents submitted. 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 three (3) days but not more than ten (10) days from 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. Zam ‘INGKOD BA ov ANGBAWATKAWANI. Fagot PipesRule 5 If the respondent receives a notice of charge with incomplete attachments, the respondent 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. Section 25. Prohibited Pleadings. The disciplining authority shall not entertain requests for clarification, bills of particulars, motions to dismiss, motions to quash, motions for reconsideration and motion for extension of time to file answer. The same shall be noted without action and attached to the records of the case. éec LINGKOD BA ’ ANGBAWATKAWANI.Section 26. 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. When the disciplining authority determines that the answer is satisfactory, the case shall be dismissed. Otherwise, the investigation shall proceed. éec LINGKOD BA ’ ANGBAWATKAWANI.Section 27. Failure to File an Answer. 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 may be decided based on available records. éec LINGKOD BA ov ANGBAWATKAWANI.Rule 7 PREVENTIVE SUSPENSION Section 28. Preventive Suspension; Nature. 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. éec LINGKOD Fagot Pipes ca sence comus BA ov ANGBAWATKAWANI.Rule 7 Section 29. When Issued; Grounds. The proper disciplining authority, 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) The charge involves: 1. Dishonesty; 2. Oppression; éec LINGKOD BA ’ ANGBAWATKAWANI.4. Neglect in the Performance of Duty; 5. Other offenses punishable by dismissal from the service; or 6. An administrative offense committed on its second or third instance and the penalty is dismissal from the service; and B.) The respondents is in a position to exert undue influence or pressure on the witnesses and/or tamper with evidence. In order for a preventive suspension order to be valid, any of the conditions in Items A and B must be present. éec LINGKOD BA ’ ANGBAWATKAWANI.Section 30. Alternative to Preventive Suspension. The proper disciplining authority may reassign respondent to another unit of the agency subject to the same periods as provided in the immediately succeeding section. éec LINGKOD BA ov ANGBAWATKAWANI.Rule 7 Section 31. Duration of Preventive Suspension. Unless otherwise provided for by law, the disciplining authority may place the respondent under preventive suspension for a maximum period of ninety (90) days in the case of national agencies including government-owned or controlled corporations with original charters, state universities and colleges (SUCs) or sixty (60) days in the case of local government units including local universities and colleges (LUCs). When the administrative case against respondent under preventive suspension is not finally decided by the disciplining authority within the period of 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 preventive suspension. Any period of delay caused by motions filed by the respondent shall be added to the period of preventive suspension. €ec LINGKOD Fagot Pipes ANGBAWAT KAWANLRule 7 Provided, that where the order of preventive suspension is for @ period less than the maximum period, the disciplining authority undertakes to finish the formal investigation within the said period and is precluded from imposing another preventive suspension. 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 reventive suspension in another case, the duration of the second preventive suspension shall simultaneously run with the first reventive suspension without prejudice to the service of the remainini riodM@fthe second preventive suspension. -m ~*~ LINGKOD ov ANGBAWATKAWANIRule 7 Section 32. Remedies from the Order of Preventive Suspension. The respondent may file an appeal to the Commission within fifteen (15) days from receipt of the preventive suspension order. Pending appeal, the order shall be executory. A motion for reconsideration from the order of preventive suspension 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 Civil Service Commission, the same is executory unless a Temporary Restraining Order is issued by the Cougt of Appeals or the Supreme Court. oN Zam ‘INGKOD Fagot Pipes ANGBAWAT KAWANLRule 7 Section 33. Payment of Back Wages During Preventive Suspension. 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 preventive suspension is void on its face entitles the respondent to immediate reinstatement and payment of back wages corresponding to the period of the illegal preventive suspension without awaiting the outcome of the main case. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 7 The phrase "void on its face" in relation to a preventive suspensfon order, imports any of the following circumstances: The order was issued by one who is not authorized by law; The order was not premised on any of the conditions under Section 29; The order of preventive suspension was issued without a formal charge or notice of charge or with defective formal charge / notice of charge; or éec LINGKOD BA ’ ANGBAWATKAWANI.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 preventive suspension order not based on any of the reasons enumerated in the immediately preceding Section 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 posed is reprimand, the respondent shall be paid berwise, no back wages shall be paid. aa GAWING LINGKOD fst hp BA ’ ANGBAWATKAWANI.Rule 7 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. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 8 FORMAL INVESTIGATIO Section 34. Conduct of Formal Investigation; When Held. A formal investigation shall be conducted where the merits of the case cannot 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 five (5) days nor later than ten (10) days from receipt of the respondent's answer or upon the expiration of the period to answer. Said investigation shall be finished within thirty (30) days from the issuance of the Formal Charge/Notice of Charge unless the period is extended by the disciplining authority or its authorized representative, or heads of agencies, or the Commission in meritorious cases. €ec LINGKOD Fagot Pipes ov ANGBAWATKAWANIRule 8 For this purpose, the Commission may entrust the formal investigation to lawyers of other agencies pursuant to Section 113 of these Rules. Section 35. 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. ANGBAWAT KAWANLRule 8 Section 36. 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: Stipulation of facts; Simplification of issues; Identification and marking of evidence of the parties; Waiver of objections to admissibility of evidence; Limiting the number of witnesses, and their names; Dates of subsequent hearings; and Such other matters as may aid in the prompt and just resolution of the éec tion ’ ANGBAWATKAWANI.Rule 8 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. éec LINGKOD BA ’ ANGBAWATKAWANI.Rule 8 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 who fails to appear, without justifiable reason, at the pre-hearing conference may be liable for Neglect of Duty. €sc LINGKOD caisenvcecoumssion ANG BAWAT KAWANI.Rule 8 Section 37. Continuous Hearing Until Terminated; Postponement. Hearings shall be conducted on the hearing dates set by the hearing officer or as agreed upon during the pre-hearing conference. Each party may be granted one (1) postponement upon oral or written request. If respondents fail or refuse to appear or are not represented by counsel during a particular scheduled hearing despite due notice, the investigation shall proceed and the respondents shall be deemed to have waived the right to present evidence. €sc LINGKOD caisenvcecoumssion ANG BAWAT KAWANI.Rule 8 Section 38. Preliminary Matters. At the start of the hearing, the hearing officer shall note the appearances 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. €sc LINGKOD os ANGBAWAT KAWANIRule 8 A sworn statement of the witness properly identified and affirmed shall constitute direct testimony, copy furnished the other party. The use of Judicial Affidavit may also be adopted in place of the direct testimonies of witnesses. The adoption of the Judicial Affidavit Rule is without prejudice to clarificatory questions that may be asked during the hearing. €sc LINGKOD caisenvcecoumssion ANG BAWAT KAWANI.Rule 8 Section 39. Appearance of Counsel. Any counsel who is a member of the Integrated Bar of the Philippines (IBP) appearing before any hearing or investigation shall manifest orally or in writing, his/her appearance, stating his/her full name and complete address, which should not be a P.O. box address, where he/she can be served with notices and other pleadings, Professional Tax Receipt (PTR) number, attorney’s roll number, Mandatory Continuing Legal Education (MCLE) compliance certificate and IBP dues receipt number. A lawyer/counsel who works for the government is required to present an Authority to Practice Profession from his/her agency head or the agency head’s authorized representative. Zam TINGKOD C BA > moreno BAY ANI BI BAWAT KAWANL. QRule 8 A private prosecutor may be allowed to appear provided that the public prosecutor shall have direct control and supervision over the private prosecutor at all times. ésc LINGKOD canisenvcecoumssioy ANG BAWAT KAWANI.Section 40. Order of Hearing. Unless the hearing officer directs otherwise, the order of hearing may be as follows: . The prosecution shall present its evidence; . The respondent shall present evidence in support of his/her defense; . There may be rebuttal or sur-rebuttal. ésc LINGKOD ANGBAWAT KAWANL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 five (5) days after the termination of the investigation. Failure to submit the same within the given period shall be considered a waiver thereof. ANGBAWAT KAWANLRule 8 Section 41. Objections. All objections raised during the hearing shall be resolved by the hearing officer. However, objections that cannot be ruled upon by 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 disciplining authority. The hearing officer shall admit all evidence formally offered subject to the objection/s interposed against its admission. ANGBAWAT KAWANLRule 8 Section 42. Markings. All documentary evidence or exhibits siféll be properly marked by letters (A,B,C, etc.) if presented by the prosecution and by numbers (1,2,3, etc.) if presented by the respondent. These shall form part of the complete records. Section 43. 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 leagt se¥@(7) days before the scheduled hearing. Zam TINGKOD C BA > moreno BAY ANI BI BAWAT KAWANL. QRule 8 Section 44. Record of Proceedings. Records of the proceedings during the formal investigation may be taken in shorthand or stenotype or any other means of recording. Section 45. Filing of Pleadings. All pleadings filed by the parties shall be copy furnished the other party with proof of service. Failure in this regard may 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. ANGBAWAT KAWANLRule 8 Section 46. Effects of the Pendency of an Administrative 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. ésc LINGKOD ~couussov ANGBAWAT KAWANI