REVISED RULES ON ADMINISTRATIVE

CASES IN THE CIVIL SERVICE (RRACCS),

CSC Resolution No. 1101502, Nov. 8, 2011
(RRACCS); BASIC FEATURES.
INTRODUCTION.
1.

The old 1999 Uniform Rules on Administrative Cases in the Civil Service

(cf. CSC Resolution No.

99-1936, dated August 31, 1999, and CSC Memorandum Circular No. 19, S. 1999) was repealed or
modified accordingly by 2011 RRACCS.
2. Sec. 2, Rule 1, of RRACCS provides that RRACS applies to all disciplinary and nondisciplinary

agencies and
instrumentalities of the National Government, local government units,
administrative

cases

brought

before

the

Civil

Service

Commission,

and government-owned or controlled corporations with original charters except as may be provided by
law.
3. All provisions in the old Departmental Rules of the Executive Branch which are inconsistent
w/

2011 RRACCS should be deemed void, ineffective, and ultra vires.

4. Section 126, Rule 124, of RRACCS (Repealing Clause) provides that the

1999 Uniform

Rules on Administrative Cases in the Civil Service (CSC Resolution No. 991936 dated August 31, 1999; CSC Memorandum Circular No. 19, s. 1999) and all other memorandum
circulars, resolutions, rules or regulations inconsistent with this Rules are hereby

repealed or

modified accordingly.
CONSTRUCTION.
5. Section

3 (Construction)

construed in

of

RRACCS provides

that

RRACCS

shall

be

liberally

order to promote their objective in obtaining just, speedy, and inexpensive

disposition of administrative cases.

without strict
procedure and

6. It also provides that administrative investigations shall be conducted

recourse to the technical rules

evidence applicable to judicial proceedings.

of

DEFINITIONS.
7. Section 4 (Definition of Terms) of RRACCS defines AGENCY asreferring to any bureau, office,
commission, administration, board, committee,

institute, corporation with original charter, whether

performing governmental or proprietary function, or any other unit of the national government as well as
provincial, city or municipal government.
8. The term 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. (Id.).
9. DISCIPLINING AUTHORITY refers to the person or body duly authorized to impose the penalty
provided for by law or rules.
JURISDICTION OF CSC EN BANC.
10.
shall

Section 7 (Cases Cognizable by the Civil Service Commission) provides that the CSC
take

cognizance, inter

alia,

of

decisions

of

heads

of

agencies

exceeding thirty (30) days suspension or fine in

an amount exceeding thirty (30) days salary brought before it
imposing penalties

on appeal.
11. Section 9 (Jurisdiction of Heads of Agencies) provides that:

11.1.

The Dept. Secretaries and heads of agencies, and other instrumentalities, shall have

original

concurrent jurisdiction with the Commission over their respective officers and
employees.
11.2.

They shall take cognizance of complaints involving their respective personnel.

11.3.

In case the decision rendered by a bureau or office head is appealable to the Commission (i.e.,

the same may be initially appealed

department and finally to the Commission.
Dismissal),

11.4.

Pending appeal, the Decision shall be executory except when the penalty

to

the

is removal,

executory only after confirmation by the

Secretary concerned.
in which case the same shall be

DECISION.

exceeding
thirty (30) days [ie.,DISMISSAL], or fine in an amount exceeding thirty
(30) days salary, the same shall be final and executoryafter the lapse of the reglementary period
12.Section 45 (Finality of Decisions) provides that if the penalty imposed is suspension

for filing a motion for reconsideration

or an appeal and no such pleading has been filed.

12.1.

The use of the disjunctive term OR shows that:

(a)

The dismissed employee may or may not file a motion for reconsideration w/ the 1st-Level

Disciplining Authoirty;
The employee may directly appeal the questioned Decision (Dismissal) to the 2nd-Level/Dept.-

(b)

Level/Appellate Disciplining Authority (Dept. Sec.) w/o first filing a motion for recon w/ the 1 st-Level
Disciplining Authority;
The employee may appeal the Decision of the 1st-Level Disciplining Authority (lower than Dept.

(c)

Sec. level):

First to the Department Secretary

And, finally, to the CSC En Banc;

Or, the employee may appeal the Decision of the 1st-Level Disciplining Authority directly to the CSC

En Banc.
In the meantime, even while the CSC appeal is pending [bypassing the Dept. Sec.], the he may
proceed w/ his own confirmation process to determine if the dismissal can be/should be
executedpending appeal w/ the CSC En Banc.

MOTION FOR RECONSIDERATION.

13. Section 56 provides that the party adversely affected by the decision may file a motion for
reconsideration with the Disciplining Authoritywho rendered the same within fifteen (15) days from
receipt thereof.
13.1.

A motion for extension of time to file a motion for reconsideration is not allowed.

14.Section 59 provides that only one motion for reconsideration shall be entertained.
14.1.

If a second motion for reconsideration is filed the finality of the Decision shall be reckoned from

the denial of the first motion for reconsideration.

15. Section 60 provides that the filing of a motion for reconsideration within the reglementary period of
fifteen (15) days shall stay the execution of the decision sought to be reconsidered.
15.1.

This refers to a decision of a 1st-Level Disciplining Authority.

15.2. The exception is the case of a Dismissal which must first be confirmed

by the Dept.

Sec. to be immediately executory pending appeal by the employee before the CSC En Banc.
15.2.1.

Here, if the Dismissal was confirmed by the Dept. Sec., and even if it was appealed further by

the employee to the CSC En Banc, it would be immediately executory pending such appeal.

APPEALS.
16.Section 61 provides that, subject to Section 45, supra, decisions of Heads of Departments, agencies,
provinces, cities, municipalities and other instrumentalities imposing a penalty exceeding thirty (30) days

may be
appealed to the Commission within a period of fifteen (15)
days from receipt thereof.
suspension (i.e., Dismissal) or fine in an amount exceeding thirty (30) days salary,

17. In case the decision rendered by a bureau or office head is appealable to the Commission, the same

may be initially appealed to the Dept. Head/Dept. Sec.;

and then finally to the Commission.

18.All decisions of heads of agencies are immediately executory pending appeal before the
Commission.
19.The decision imposing the penalty of dismissal by disciplining authorities in departments is not
immediately executory unless confirmed by the Dept. Sec..

However, the Commission may take cognizance of

the appeal pending confirmation by the Secretary.
20.

20.1. It seems that the confirmation process before the Dept. Sec. is not equivalent to the regular
appeal process before him.
20.2. It seems that even if the dismissed employee directly appeals to the CSC En Banc, by-passing the
Dept. Sec., the latter may stillproceed with the confirmation process at his level to make the dismissal
immediately executory pending appeal w/ the CSC En Banc.

21.Section 64 (Perfection of an Appeal) provides that to perfect an appeal, the appellant shall submit
three (3) copies of the following documents:

Appeal memorandum containing the grounds relied upon for the appeal, together

21.1.

with the certified true copy of the decision, resolution or order appealed from, and certified copies of the
documents or evidence.
21.1.1.

The appeal memorandum shall be filed with the appellate authority, copy furnished the

disciplining authority.
21.1.2.

The latter (Disciplining Authority) shall submit the Case Record to the Appellate Authority

with his Comment, within fifteen (15) days from receipt of the Appeal Memo.
21.2.

Proof of service of a copy of the appeal memorandum to the disciplining office;

21.3.

Proof of payment of the appeal fee; and

21.3.1.

Section 63 (Appeal Fee) provides that the appellant shall pay an appeal fee and a copy of the

official receipt thereof shall be attached to the appeal.

21.4. A statement or
22.

certificate of non-forum shopping.

The doctrine of LIBERALITY is applied by the CSC En Banc here. (Sec. 64).

22.1. When an appellant fails to comply with any of the appeal requirements within the reglementary
period, the Commission shall direct compliance within a period of not more than ten (10) days from
receipt thereof, with a warning that failure to comply shall be construed as failure to perfect an appeal
and shall cause the dismissal of the appeal with prejudice to its refiling.
23.

Please note that the 2011 RRACCS does not require a Notice of Appeal, unlike the old rules

of some Departments.
24.

Section 65 (Effect of Filing an Appeal) provides that in Decisions requiring confirmation the

Department Secretary (i.e., Dismissal), an appeal shall stop the decision from being executory.
24.1. In other words:
24.1.1.

If the penalty is Dismissal, requiring the confirmation of the Dept. Sec., and an appeal is filed

by the employee w/ the Dept. Sec., the execution of the Dismissal is suspended pending regular appeal
w/ the Dept. Sec.

or pending his confirmation process.

If the Dept. Sec. confirms the Dismissal, it is immediately

executory even if the employee appeals further to the CSC en
Banc.
24.1.2.

25.

Section 66 (Remand of an Appealed Case to Agency of Origin) provides that if a formal

charge has been issued but the disciplining authority has violated respondent-appellants right

procedural due process, the Commission shallremand the appealed

case to the agency of origin for further proceedings to be conducted
to

within three (3) calendar months from the date of receipt of the case records.
25.1. The absence of the cold neutrality of a judge destroys an employees rights to due process of law
and to equal protection of the law. (Cf. Caesars Wife doctrine).
26.

After the Remand Order, if at the end of the three (3) month period, the disciplining authority

failed to conduct further proceedings, the Commission upon motion of the respondent-appellant shall
vacate and set aside the appealed decision and declare the respondent-appellant exonerated of the
charges.