AMENDMENT TO SECTION 43, RULE III OF THE UNIFORM RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE

Whereas, Section
12 (2), Chapter 3, Title I, Subtitle (A), Book V of the
Administrative Code of 1987 (Executive Order No. 292) empowers the
Civil Service Commission to prescribe, amend and enforce rules and
regulations for carrying into effect the provisions of the Civil
Service Law and other pertinent laws;

Whereas, Section
47 (1), Chapter 6, Subtitle (A), Title I, Book V of the same Code
provides that the “Commission shall decide upon appeal all
administrative disciplinary cases involving imposition of a penalty
of suspension for more than thirty (30) days, or fine in an amount
exceeding thirty (30) days’ salary, demotion in rank or salary or
transfer, removal or dismissal from office”.

Whereas, Section
47 (2), Chapter 6, Subtitle (A), Title I, Book V of the same Code
likewise provides that “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”.

Whereas, the
Commission, pursuant to Section 43, Rule III of CSC Resolution No.
99-1936 dated August 31, 1999 (Uniform Rules on Administrative
Cases in the Civil [URACCS]), has adopted the provision of the
Administrative Code and provided for an appeal remedy for the
decisions of bureau or office heads on administrative disciplinary
cases before the department secretary, and finally to the Commission.

Whereas, the
Administrative Code and the URACCS provide that when penalty imposed
is removal from the government service, the same may become executor
pending appeal only when confirmed by the department secretary
concerned.

Whereas, the
provisions of the Administrative Code and the URACCS are silent with
respect to the same requirement on the decision of heads of attached
on administrative disciplinary cases.

Whereas, the
Supreme Court, in the case of Fidencio Y. Beja Sr. vs. Court of
Appeals, G. R. No. 97149, March 31, 1992 (207 SCRA 689), has
defined the lateral relationship between a department and the agency
attached to it as mere “attachment” for purposes of policy
and program coordination, thus recognizing secretary on its internal
operations including personnel management and discipline.

Wherefore, to
serve the broader interest of justice, the Commission thereby adopts
and promulgates the following rules to serve as amendment to, and
clarification of Section 43, Rule III of CSC Resolution No. 99-1936
dated August 31, 1999 (Uniform Rules on Administrative Cases in
Civil Service [URACCS]), as follows:

“Section 43.
Filing of Appeals. – Decisions of heads of department,
agencies, provinces, cities, municipalities and other
instrumentalities imposing a penalty exceeding thirty (30) days
suspension or fine in an amount exceeding thirty days salary, may be
appealed to the Commission Proper within a period of fifteen (15)
days from receipt thereof.

“In case the decision
rendered by a bureau or office head is appealable to the Commission,
the same may be initially appealed to the department head and finally
to the Commission Proper. Pending appeal, the same shall be
executor except where the penalty is removal, in which case the same
shall be executor only after confirmation by the Secretary concerned.

“Unless
otherwise provided by law, the decision of the head of an attached
agency imposing a penalty exceeding thirty (30) days suspension of
fine in an amount exceeding thirty days’ salary, demotion in rank
or salary or transfer, removal or dismissal from office is appealable
directly to the Commission Proper within a period of fifteen (15)
days from receipt thereof. Pending appeal, the penalty imposed shall
be executor, including the penalty of removal from the service
without need for the confirmation by the department secretary to
which the agency is attached.

“ A notice of appeal
including the appeal memorandum shall be filed with the appellate
authority, copy furnished the disciplining office. 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 fifteen (15) days, to the appellate
authority.”

This Resolution shall
take effect fifteen (15) days after its publication.

Quezon City, Feb 07 2007

	(SGD.) Karina Constantino-David Chairman
(SGD.) Cesar D. BuenaflorCommissioner		(SGD.) Mary Ann Z. Fernandez-Mendoza Commissioner
Attested by: (SGD.) Judith D. Chicano Director IV Commission Secretariat and Liaison Office