RULES ON ADMINISTRATIVE DISCIPLINARY CASES AND ON PROTEST CASES

In the interest of speedy, just and orderly disposition of
administrative disciplinary cases and protest cases, the Commission En
Banc, in a Resolution No. 89-779, hereby adopts and promulgates the
hereinbelow Rules relative thereto, for strict compliance.

Adopted: 9 Oct. 1989

(SGD.) PATRICIA A. STO. TOMAS
Chairman

RESOLUTION NO. 89-779

WHEREAS, the Civil Service Commission, as the Central Personnel
Agency of the Government, is mandated under the 1987 Constitution to
adopt measures to promote morale, efficiency, integrity, courtesy and
responsiveness in the Civil Service;

WHEREAS, pursuant to Section 6, Article IX-A of the 1987
Constitution, the Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before any of its
offices;

WHEREAS, pursuant to PD 807, otherwise known as the Civil Service
Decree of the Philippines, the Commission shall prescribe, amend and
enforce suitable rules and regulations for carrying into effect its
functions;

WHEREAS, it is provided under RA 6713, An Act Establishing a Code of
Conduct and Ethical Standards for Public Officials and Employees, to
Uphold the Time-Honored Principle of Public Office being a Public Trust,
Granting Incentives and Rewards for Exemplary Service, Enumerating
Prohibited Acts and Transactions and Providing Penalties for Violations
Thereof and for Other Purposes, that public officials and employees
shall simplify and systematize policy, rules and procedures and avoid
red tape to better serve the public;

WHEREAS, the Commission, pursuant to its mandate and the provisions
of law, finds a need to issue and promulgate a simplified rules of
procedure on disciplinary and protest cases;

NOW, THEREFORE, the Commission RESOLVED, as it hereby RESOLVES to adopt, promulgate, and approve the herein below:

A. Rules on Administrative Disciplinary Cases; and B. Rules on Protest Cases.

Adopted: 9 Oct. 1989

(SGD.) PATRICIA A. STO. TOMAS Chairman	(SGD.) SAMILO N. BARLONGAY Commissioner
(SGD.) MARIO D. YANCO Commissioner	(SGD.) MARIO D. YANCO Commissioner

 

A. RULES ON ADMINISTRATIVE DISCIPLINARY CASES

Pursuant to the provisions of Section 6 of Article IX-A of the 1987
Constitution, the Civil Service Commission hereby adopts and promulgates
the following rules governing pleadings, practice and procedure before
it or before any of its offices.

RULE I
General Provisions

SECTION 1.       Scope — These Rules shall apply to all proceedings before the Commission or before any of its Offices.

SECTION 2.       Security of Tenure — No officer or
employee in the Civil Service shall be suspended or dismissed except for
cause as provided by law and after due process.

SECTION 3.       Original Disciplinary Jurisdiction — The
Civil Service Commission (CSC) shall have original disciplinary
jurisdiction over all its officials and employees and over all cases
involving civil service examination anomalies or irregularities.

It may assume original jurisdiction on complaints directly filed
before it against any other official or employee. For this purpose, it
may deputize any officer of the department or agency to conduct the
investigation and to receive the evidence.  The results of the
investigation together with the evidence adduced and recommendation
shall be submitted to the Commission for decision.

SECTION 4.                   Final Authority — Except as
otherwise provided by the Constitution or by law, the Civil Service
Commission shall have the final authority to pass upon the removal,
separation, and suspension of all officers and employees in the career
service who are non-presidential appointees and upon all matters
relating to the conduct, discipline, and efficiency of such officers and
employees.

SECTION 5.       Like Penalties for Like Offenses — In
meting out punishment, like penalties shall be imposed for like offenses
and only one penalty shall be imposed in each case.  A reprimand
whether given by the Civil Service Commission or the head of Department
or agency shall be considered a penalty.  A warning or an admonition
shall not be considered a penalty.

SECTION 6.       Effect of Removal for Cause — Unless
otherwise provided by law or indicated in the decision itself, the
removal for cause of an officer or employee shall carry with it the
cancellation of his civil service eligibility, the forfeiture of leave
credits, retirement, and other money benefits, and disqualification for
reemployment in the civil service.

SECTION 7.       Interpretation of Rules — These rules
shall be liberally construed for the purpose of ascertaining the truth
in the most expeditious, just and fair manner, without necessarily
adhering to the technical rules of evidence and procedure applicable in
judicial proceedings.

RULE II
Grounds for Disciplinary Action

SECTION 1.       Actionable Offenses — The following shall be grounds for disciplinary action:

(1)     Dishonesty;

(2)     Oppression;

(3)     Neglect of Duty;

(4)     Misconduct;

(5)     Disgraceful and Immoral Conduct;

(6)     Being Notoriously Undesirable;

(7)     Discourtesy in the course of official duties;

(8)     Inefficiency and incompetence in the performance of official duties;

(9)     Receiving for personal use of a gift, fee or other
valuable thing in the course of official duties or in connection
therewith when such gift, fee, or other valuable thing is given by any
person in the hope or expectation of receiving a favor or better
treatment than that accorded acts punishable under the anti-graft laws;

(10)   Conviction of a crime involving moral turpitude,

(11)   Improper or unauthorized solicitation of contributions
from subordinate employees and by teachers or school officials from
school children;

(12)   Violation of existing Civil Service Law and rules or reasonable office regulations;

(13)   Falsification of official documents;

(14)   Frequent unauthorized absences or tardiness in reporting
for duty, loafing or frequent unauthorized absences from duty during
regular office hours;

(15)   Habitual drunkenness;

(16)   Gambling prohibited by law;

(17)   Refusal to perform official duty or render overtime service;

(18)   Disgraceful, immoral or dishonest conduct prior to entering the service;

(19)   Physical or mental incapacity or disability due to immoral or vicious habits;

(20)   Borrowing money by superior officers from subordinates or lending by subordinates to superior officers;

(21)   Lending money at usurious rates of interest;

(22)   Willful failure to pay just debts or willful failure to pay taxes due to the government;

(23)   Contracting loans of money or other property from persons
with whom the office of the employee concerned has business relations;

(24)   Pursuit of private business, vocation, or profession
without the permission required by Civil Service rules and regulations;

(25)   Insubordination;

(26)   Engaging directly or indirectly in partisan political activities by one holding non-political office;

(27)   Conduct prejudicial to the best interest of the service;

(28)   Lobbying for personal interest or gain in legislative halls and offices without authority;

(29)   Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public welfare
purposes and even in the latter case if there is no prior authority;

(30)   Nepotism as defined under Civil Service Law and rules;

(31)   Violation of RA 6713 and its implementing rules.

RULE III
Filing Of Charge/Complaint And Answer

SECTION 1.       Filing of Complaint — Any person may file an administrative complaint with the Commission or any of its proper offices.

The head of department or agency may commence an administrative
proceeding by filing a complaint against a subordinate officer or
employee, which complaint need not be under oath.

SECTION 2.       Complaint in Writing and Under Oath — A complaint filed by any person shall be in writing and under oath, otherwise it shall not be given due course.

SECTION 3.       Anonymous Complaint — No action shall be
taken on an anonymous complaint unless there is obvious truth or merit
to such complaint, in which case the Commission or the head of
Department or agency shall take the initiative in filing the charge
against the officer or employee concerned and action shall be taken in
accordance with procedures prescribed in these Rules.

SECTION 4.       Form of Complaint — The complaint shall
be written in clear, simple and concise language and to a systematic
manner as to apprise the respondent of the nature of the charge against
him and to enable him to prepare his defense.

SECTION 5.       Contents of Complaint — The complaint
shall contain (a) the full name and address of the complainant; (b) the
full name and address of the respondent, as well as his position and
office of employment; (c) specification of charges; (d) a brief
statement of relevant and material facts, accompanied by certified true
copies of the documentary evidence, if any, and sworn statements
covering the testimonies of his witnesses.

SECTION 6.       Effect of Withdrawal of Complaint — The
withdrawal of the complaint does not necessarily discharge the
respondent from any administrative liability. Where there is obvious
truth or merit to the charges or complaint, the same should be given due
course in accordance with these Rules.

SECTION 7.       Action on the Complaint — If on the basis
of the complaint and other supporting documents prescribed in Section 4
and 5 hereof, a prima facie case is found not to exist, the Commission
or any of its relevant Offices, shall dismiss the case.  If a prima
facie case exists, the respondent shall be notified of the charges
against him, to which shall be attached copies of the complaint and
other supporting documents.

SECTION 8.       Answer — The respondent shall be allowed
not less than seventy-two hours but not more than five (5) days after
receipt of the complaint to answer the charges in writing and under
oath, with supporting sworn statements and documents, indicating therein
whether or not he elects a formal investigation if his answers is not
considered satisfactory.  If his answer is found satisfactory, the case
shall be dismissed.

Although a respondent does not request a formal investigation, one
shall nevertheless be conducted when from the allegations of the
complaint and the answer of the respondent, including the supporting
documents, the merits of the case cannot be judiciously decided without
such an investigation.

SECTION 9.       Answer, How Filed — The answer may be
filed personally or by registered mail, copy furnished the complainant.
It shall be deemed filed on the date of receipt stamped on the answer,
if filed personally, and on the date stamped on the envelope, if filed
by registered mail.

RULE IV
Preventive Suspension

SECTION 1.       Grounds for Preventive Suspension — The
proper disciplining authority may preventively suspend any government
officer or employee under investigation, if the charge against such
officer or employee involves (a) dishonesty (b) oppression or grave
misconduct (c) neglect in the performance of duty, or (d) if there are
reasons to believe that the respondent is guilty of charges which would
warrant his removal from the service.

SECTION 2.       Lifting of Preventive Suspension Pending Administrative Investigation
— When the administrative case against the officer or employee under
preventive suspension is not finally decided by the Commission within
the period of ninety (90) days after the date of suspension of the
respondent, the latter shall be automatically reinstated in the service:
Provided, That when the delay in the disposition of the case is due to
the fault, negligence or petition of the respondent, the period of delay
shall not be counted in computing the period of suspension herein
provided.

RULE V
Pre-Hearing Conference

SECTION 1.       Pre-Hearing Conference — After the
respondent has filed his answer and a prima facie case is found to
exist, the Commission may direct the parties to appear for a pre-hearing
conference.

SECTION 2.       Subjects of Pre-Hearing Conference — In the-pre-hearing conference presided by a hearing officer, the parties may consider and agree on any of the following:

(a)     Simplification of issues;

(b)     Stipulation of facts;

(c)     The number of witnesses;

(d)     Marking for identification of evidence of the parties;

(e)     Waiver of objections to admissibility of evidence;

(f)      Compromise and conciliation, in appropriate cases;

(g)     Such other matters as may aid in the prompt and just resolution of the case.

SECTION 3.       Pre-Hearing Order — After the pre-hearing
conference, the hearing officer shall issue an order reciting the
actions taken, the facts stipulated and such other matters agreed upon.
Such order shall bind the parties. However, the parties may agree to
submit the case for resolution based on the evidence submitted without
any need for formal investigation.

SECTION 4.       Pre-Hearing Agreement Must be Signed — No
agreement or admission made or entered into during the pre-hearing
conference shall be used as evidence against the respondent unless
reduced to writing and signed by him.

RULE VI
Judgment by Default

SECTION 1.       Judgment by Default — If any of the
parties duly subpoenaed or duly notified to appear at any scheduled
hearing or conference refuses or fails to appear without valid reason,
he may be declared in default and the investigation may proceed without
his presence and judgment shall be rendered based on the evidence
adduced on record.

RULE VII
Hearing

SECTION 1.       Notice of Hearing — The parties and their
witnesses shall be notified of the scheduled hearing at least five (5)
days before the date, specifying the time, date, and place of the
hearing.

SECTION 2.       Request for Subpoena — If a party desires
the attendance of a witness or the production of documents, he shall
make a request for the issuance of the necessary subpoena or subpoena
duces tecum, at least three (3) days before the scheduled hearing.

SECTION 3.       Hearing When Conducted — The hearing
shall be held not later than five (5) days from the date of the issuance
of the pre-hearing order and shall be finished within thirty (30) days
from the filing of the charges unless the period is extended by the
Commission in meritorious cases.

SECTION 4.       Continuous Hearing Until Terminated Postponement
— Hearing once commenced shall continue from day to day as far as
practicable until terminated. Postponements shall be discouraged and
shall be allowed only in meritorious cases, like illness of the parties
or counsel or other similar causes. No investigator shall grant a
postponement for more than five (5) days and in no case for more than
ten (10) days except upon specific authority of the Commission.

SECTION 5.       Record of Proceedings — The testimony of
each witness, the documentary evidence identified/marked and submitted
and the manifestations of the investigator, parties and counsel shall be
made of record.

SECTION 6.       Preliminary Matters — At the start of the
hearing, the investigator shall ask for the appearances of the parties
and inquire if the parties are ready to proceed with the reception of
evidence.

If a respondent appears without the aid of a counsel, the
investigator shall inform him of his right to avail of the services of
counsel.

Before taking the testimony of a witness, the investigator shall
place him under oath and then take his name, address, his civil status
and age, and his position and place of employment.

SECTION 7.       Appearance of Counsel — Any attorney
appearing before any hearing or investigation conducted by the
Commission or by any of its Offices shall manifest orally or in writing
his appearance for a party, stating his name and exact address at which
he may be served with copies of decisions and other communications. Any
pleading signed by him without complying with the above requirements
shall not be received. Neither shall he be allowed to prosecute or
defend a case.

SECTION 8.       Solemnity of the Proceedings — The
investigation shall be conducted with solemnity and the investigator
shall comport himself with the impartiality and dignity befitting his
position as a trier of facts in a case involving the integrity or
efficency of a public officer or employee.

SECTION 9.       Order of Hearing — Unless for special reasons, or the investigator directs otherwise, the order of hearing shall be as follows:

(a)     The complainant shall produce the evidence for his part subject to the pre-hearing agreement;

(b)     The respondent shall then offer evidence in support of his defense subject to the pre-hearing agreement;

(c)     Cross-examination by either parties, when proper and allowed by the hearing officer or investigator;

(d)     When the presentation of evidence has been concluded, the
parties may be given time to submit their respective memoranda which in
no case shall be beyond five (5) days after the termination of the
investigation;

Nothing herein shall preclude the parties from presenting rebuttal
or additional evidence deemed relevant and material which were then
unavailable at the time of the filing of the complaint or answer, or
during the hearing. However, said evidence shall be presented before the
submission of the concluding memoranda.

SECTION 10.    Order of Examination — Following cross-examination, there may be redirect and recross examination.

SECTION 11.    Demurrer to Evidence — When after the
complainant has rested his case, the respondent filed a motion to
dismiss the case on the ground of insufficiency of evidence, he is
deemed to have waived the right to present evidence and to have
submitted the case for decision on the basis of the evidence for the
complainant.

RULE VIII
Evidence

SECTION 1.       Non-Technical Procedure — The
investigation shall be conducted solely for the purpose of ascertaining
the truth without necessarily adhering to technical rules applicable in
judicial proceedings.

SECTION 2.       Material and Relevant Evidence — The
investigator shall accept all evidence having materiality and relevance
to the case.  In case of doubt, he should resolve for the admission of
evidence subject to the objection interposed against its admission.

SECTION 3.       Markings — All documentary evidence or
exhibits shall be properly marked by letters (A, B, C. etc.) if
presented by the complainant and the numbers (1, 2, 3, etc.) if
presented by the respondent.  These shall form part of the complete
records of the case and shall be systematically and chronologically
bound to prevent loss.

SECTION 4.       Presentation of Evidence — The direct
evidence of the complainant and the respondent shall consist of the
sworn statements and documents submitted in support of the complaint or
answer without prejudice to the presentation of additional evidence
deemed material but unavailable at the time of the filling of the
complaint or answer. This additional evidence is subject to any
cross-examination by respondent or the complainant; as the case may be.

SECTION 5.       Submission of Memorandum — Parties may be
allowed to submit their respective memorandum[s] within five (5) days
from the termination of the hearing. Failure to submit the same within
the required period shall be considered as a waiver.

RULE IX
Report Of Investigation and Transmittal of Records

SECTION 1.       Report of Investigator — The investigator
shall submit to the Commission, a report containing a brief statement
of the material facts and findings as well as his recommendation.

The report shall be attached to the record of the case and shall be
submitted within fifteen (15) days from the conclusion of the
investigation.

SECTION 2.       Case Numbers — All cases submitted to the Commission shall be assigned a docket number arranged consecutively in their order of receipt.

RULE X
Decision

SECTION 1.       When Case is Decided — The Commission or
its relevant Office shall render a decision within thirty (30) days from
the receipt of the complete records of the case. Decision of relevant
Office of the Commission shall be immediately executory unless a motion
for reconsideration is seasonably filed.

SECTION 2.       Contents of Decision — The decision shall
contain the charge, the name of the respondent and his office, a brief
statement of the material and relevant facts, findings, offense
committed and penalty imposed.

SECTION 3.       Decisions are Executory — Decision of the
Commission shall be immediately executory unless a motion for
reconsideration is seasonably filed. If the decision of the Commission
is brought to the Supreme Court on certiorari, the same shall still be
executory unless a restraining order or preliminary injunction is issued
by the High Court.

RULE XII
Motion For Reconsideration

SECTION 1.       Motion for Reconsideration — A motion for reconsideration shall be filed within fifteen (15) days from receipt of the decision.

SECTION 2.       Who May File a Motion for Reconsideration
— A motion for reconsideration may be filed by the party adversely
affected by the decision within the prescribed period. The motion for
reconsideration shall be decided by the Commission or by its relevant
Office, within ten (10) days from receipt thereof.

SECTION 3.       When Motion for Reconsideration is Deemed Filed
— The motion for reconsideration is deemed filed in case the same is
sent by registered mail on the date shown by the postmark on the envelop
which shall be attached to the record of the case and in case of
personal delivery, the date stamped by the Commission or its proper
Office.

SECTION 4.       Grounds for Motion for Reconsideration — The motion for reconsideration shall be based only on any of the following grounds:

(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 respondent.

Only one motion for reconsideration shall be entertained.

RULE XIII
Appeal

SECTION 1.       With Whom Appeal is Filed — Decisions of
heads of departments, agencies and instrumentalities, provinces, cities
and municipalities, imposing penalties exceeding thirty (30) days
suspension or fine in an amount exceeding thirty (30) days salary, may
be appealed to the Merit Systems Protection Board within fifteen (15)
days from receipt of a copy of a decision, and finally to the Civil
Service Commission within the same period.

SECTION 2.       Appeal Fee — A fee of at least One
Hundred Pesos (P100.00) shall be paid for an appeal filed with the Merit
Systems Protection Board, or with the Commission.

SECTION 3.       Form and Content of Appeal — The appeal
shall state distinctly and clearly the date the respondent received the
decision and in case he filed a motion for reconsideration of the
decision, the date he filed said motion and the date he received the
resolution of his motion. Failure to do so may cause the dismissal of
the appeal.

The appellant shall likewise state distinctly the grounds of the appeal together with the arguments in support of each ground.

SECTION 4.       Notice of Appeal; Appeal Memorandum —
Where a notice of appeal is filed within the reglementary period, the
appellant shall submit his appeal memorandum within ten (10) days from
the date said notice is filed. The appeal memorandum shall comply with
the required form and content under Section 3 of this Rule.

Failure to submit an appeal memorandum within the prescribed period of ten days shall be construed as a waiver thereof.

SECTION 5.       Authority to Summon Parties — The proper
appellate body shall have the authority to summon the parties in order
to clarify matters, if based on the records submitted, no judicious
decision can be arrived at.

RULE XIII
Miscellaneous Provisions

SECTION 1.       Title of Case — The person filing the
complaint shall be called the complainant while the official or employee
against whom the complaint is filed shall be called the respondent.

SECTION 2.       Computation of Time — In computing any
period of time prescribed by these Rules, the first day shall be
excluded and the last day included unless it be a Saturday, a Sunday, or
a legal holiday, in which case the period shall run until the end of
the next day which is neither a Saturday, a Sunday, or a legal holiday.

SECTION 3.       Non-Implementation of Decision or Ruling —
The head of Department or Agency or any responsible official who
wilfully and deliberately refuses or fails to implement or execute the
final resolution or decision of the Commission to the prejudice of the
party affected or the public in general, shall be made liable for the
payment of salaries and other money benefits corresponding to the period
of delay in the implementation of said decision, order or ruling.

The Commission may further employ or pursue such other civil,
criminal and/or administrative sanctions as provided for under existing
laws.

SECTION 4.       Effectivity — These Rules shall take effect thirty (30) days after its publication in at least one (1) newspaper of general circulation.

B. RULES ON PROTEST CASES

RULE I
General Provisions

SECTION 1.       Merit and Fitness — Appointments in the
Civil Service, except as to those which are policy determining,
primarily confidential or highly technical in nature shall be made only
according to merit and fitness to be determined as far as practicable by
competitive examination.

SECTION 2.       Opportunity for Employment — Opportunity
for government employment shall be open to all qualified citizens and
positive efforts shall be exerted to attract the best qualified to enter
the service. Employees shall be selected on the basis of fitness to
perform the duties and assume the responsibilities of the positions.

SECTION 3.       Final Appellate Jurisdiction — The Civil
Service Commission shall exercise final and exclusive appellate
jurisdiction over all cases decided by the Merit Systems Protection
Board and the Civil Service Regional Offices involving contested
appointments or promotions.

RULE II
Scope And Definition Of Terms

SECTION 1.       Scope — These Rules shall apply to the first level and second level of the career service.

SECTION 2.       Definition of Terms — The following terms shall be construed as follows:

Promotion means the advancement of an employee
from one position to another either from one Department or agency to
another or from one organizational unit to another in the same
Department or agency with an increase in duties and responsibilities as
authorized by law, and usually accompanied by an increase in salary.

First Level Position shall include clerical,
trades, crafts and custodial service positions which involve
non-professional or sub-professional work in a non-supervisory or
supervisory capacity requiring less than four years of college studies.

Second Level Position shall include professional,
technical and scientific positions which involve professional, technical
or scientific work in a non-supervisory or supervisory capacity
requiring at least four years college work up to Division Chief level.

Next-in-Rank Position refers to a position which,
by reason of the hierarchical arrangement of positions in the Department
or agency in the government, is determined to be nearest in degree of
relationship to a higher position, taking into account the following:
(1) organization structure/s as reflected in the approved organization
chart/s; (2) classification and/or functional relationships; (3) salary
and/or range allocation; (4) geographical location. In no instance,
however, shall a position in the first level be considered next-in-rank
to a position in the second level.

Qualified Next-in-Rank refers to an employee
appointed on a permanent basis to a position previously determined to be
next-in-rank to the vacancy proposed to be filed and who meets the
requisites for appointment thereto as previously determined by the
appointing authority and approved by the Commission.

Department Head means the head of executive
departments or entities having the category of a department, including
the Legislative, Judiciary the Commission on Elections the Civil Service
Commission and Commission on Audit who is authorized by law to make
appointments in the Civil Service.

Agency Head means the head of any bureau, office,
commission, administration, board, committee, institute, corporation,
whether performing governmental or proprietary function with original
charters or any other unit of the National Government who is authorized
by law to make appointments in the Civil Service as well as provincial
governors city or municipal mayors.

Commission refers to the Civil Service Commission.

RULE III
Procedure In Filling Vacancies

SECTION 1.       Positions in the First Level — When a
vacancy occurs in a position in the first level of the Career Service as
herein defined, the employees in the department who occupy the next
lower positions in the occupational group under which the vacant
position is classified and in other functionally related occupational
group who are competent and qualified and with appropriate civil service
eligibility shall be considered for appointment to the vacancy.

SECTION 2.       Positions in the Second Level — When a
vacancy occurs in the second level of the Career Service as herein
defined, the employees in the government service who occupy the next
lower positions in the occupational group under which the vacant
position is classified and in other functionally related occupational
groups and who are competent, qualified and with the appropriate civil
service eligibility shall be considered for appointment to the vacancy.

SECTION 3.       Common Provision — If the vacancy is not
filled by promotion as provided in the foregoing sections, the same
shall be filled by transfer of present employees in the government
service, by reinstatement, by re-employment of persons separated through
reduction in force, or by appointment of persons with the civil service
eligibility appropriate to the position.

RULE IV
Procedure Governing Protest Cases

SECTION 1.       Appointment/Promotion Which May Be the Subject of a Protest — The following appointments may be protested.

(a)     An appointment made in favor of another next-in-rank employee who is not qualified.

(b)     An appointment made in favor of one who is not next-in-rank;

(c)     An appointment made in favor of one who is appointed by
transfer and not next-in-rank or by reinstatement or by original
appointment if the employee making the protest is not satisfied with the
written special reason or reasons given by the appointing authority for
such appointment.

SECTION 2.       Who May File a Protest — Only a qualified
next-in-rank officer or employee who is not considered for promotion to
the next higher position may file a protest with the head of the
department or agency.

SECTION 3.       Form and Content of Protest — The protest
shall be written in clear simple and concise language and in a
systematic manner and shall contain (a) the position contested including
its item number and the salary per annum attached thereto; (b) the full
name office position and salary per annum of both the protestant and
the protestee; (c) the specifications of the protest; (d) the
comparative qualification data of both the protestant and protestee
showing their education and training, experience, outstanding
accomplishments, civil service eligibility, their latest performance
ratings for two rating periods, accompanied by a certified true copy of
the approved organization chart/s of the department or agency where
either or both belong as well as the updated Personal Data Sheets of the
protestee and protestant.

SECTION 4.       Where to File Protest — A qualified
next-in-rank officer or employee may file a protest against an
appointment or promotion with the proper Department or Agency head.

SECTION 5.       When to File Protest — The protest may be
filed within fifteen (15) days from notice by the protestant of the
issuance of the appointment or promotion.

For this purpose all appointments or promotions shall be duly
announced and/or posted in bulletin boards or at other conspicuous
places in the Department or Agency.

SECTION 6.       Effect of Protest on the Appointment — A
protest shall not render an appointment ineffective if the appointee
assumes the duties of the position. The appointment may be approved if
the appointee meets the qualification standards prescribed for the
position, subject, however to the final outcome of the protest case.

SECTION 7.       Effect of Withdrawal of Protest — A protest may be withdrawn at anytime as a matter of right. The withdrawal of the protest shall terminate the protest case.

SECTION 8.       Appointment to Similar or Comparable Position
— The acceptance of an appointment by the protestant to a similar or
comparable position shall render his protest moot and academic.

SECTION 9.       When Protest is Deemed Filed — A protest
is deemed filed in case the same is sent by registered mail, on the date
shown by the postmark on the envelope which shall be attached to the
record of the case, and in case of personal delivery, on the date
stamped by the Department or Agency as the case may be.

SECTION 10.    Dismissal of Protest, Grounds — A protest shall be dismissed on the following grounds:

(a)     The protestant is not next-in-rank;

(b)     The protestant is next-in-rank but not qualified;

(c)     The protest is general, that is, it does not specify a
particular protestee as when the protest is against “anyone who is
appointed to the position” or there are two or more protestees;

(d)     The protest is not in accordance with the required form as provided in these Rules, such as telegram or radio message.

SECTION 11.    Action on the Protest — Except as otherwise
provided in the preceding section, the head of Department or agency
shall within three (3) days from receipt of the protest, refer the same
for comment to the proper appointing authority, which comment shall be
filed with the former within five (5) days from the date of said
referral.

In case of failure on the part of the appointing authority to file
his comment within the said period, the case shall be decided on the
basis of the records at hand as provided by these Rules.

SECTION 12.    Hearing — When either one of the parties
formally requests a hearing on meritorious grounds, the same shall be
conducted for a period not exceeding five (5) days.

SECTION 13.    Submission Of Memoranda — If on the bases
of the protest and its supporting papers, as well as the comment of the
appointing authority and other relevant documents, the protest case
cannot be judiciously decided, the parties shall be required to submit
their respective memoranda within ten (10) days from notice.  Such
notice shall be issued by the head of Department or agency within five
(5) days from receipt of the comment of the appointing authority.

Failure of either party to submit within the said period his
memorandum shall be construed as a waiver and the protest shall be
decided on the basis of the available documents.

RULE V
Decision

SECTION 1.       When Case is Decided — The head of
Department or agency, the Merit Systems Protection Board or the Civil
Service Regional Office shall decide a protest case within sixty (60)
days from receipt of the protest.

SECTION 2.       Contents of Decision — The decision shall
contain the names of the parties, their office or offices, the
contested position, its item number, and the salary per annum attached
thereto, the nature of the appointment being protested, the prescribed
qualification standards for the position. a comparative statement of the
qualifications of the parties in terms of performance, education and
training, experience and outstanding accomplishments, physical
characteristics and personality traits, and potential, to include
managership and leadership abilities in case of supervisory positions,
and a statement of the material and relevant acts, findings, rulings and
conclusion.

SECTION 3.       Effect of Decision — In case the protest
is finally decided in favor of the protestant, the appointment of the
protestee shall be rendered ineffective and/or disapproved and shall be
accordingly noted to the appropriate personnel records such as file 201
and service card. The protestee shall be reverted to his former
position.

RULE VI
Motion For Reconsideration

SECTION 1.       Period for Filing Motion for Reconsideration
— Either party may, within fifteen (15) days without extension from
receipt of decision, file with the head of Department or agency, the
Merit System protection Board or the Civil Service Regional Office, as
the case may be, a motion for reconsideration of the decision.  Only one
motion for reconsideration shall be entertained.

SECTION 2.       When Motion for Reconsideration is Deemed Filed
— The motion for reconsideration is deemed filed in case the same is
sent by registered mail, on the date shown by the postmark on the
envelope which shall be attached to the record of the case and in case
of personal delivery on the date stamped by the Department or agency,
the Merit Systems Protection Board or the Civil Service Regional Office
on the motion.

SECTION 3.       Ground for Motion for Reconsideration — The motion for reconsideration shall be based only on the following grounds:

(a)     The decision is not supported by the evidence on record; or

(b)     Errors of law and/or fact, or irregularities have been committed prejudicial to the interest of the movant.

SECTION 4.       When Motion for Reconsideration is Decided
— The head of Department or agency, the Merit Systems Protection Board
or the Civil Service Regional Office shall decide a motion for
reconsideration within five (5) days from receipt thereof.

RULE VII
Appeal

SECTION 1.       Appeal Period; Where Filed — The official
or employee who is not satisfied with the decision of the head of
Department may initially appeal to the Merit Systems Protection Board
and that of the local chief executive to the Civil Service Regional
Office concerned within fifteen (15) days from notice or receipt of
decision. Decisions of the Merit Systems Protection Board and the Civil
Service Regional Offices may be finally appealed to the Commission
within the same period.

The proper appellate body shall render a decision within thirty
(30) days from the date the appealed case is submitted for decision.

The decision of the Commission is executory if no motion for
reconsideration is filed within fifteen (15) days from receipt of the
decision.  Only one motion for reconsideration shall be entertained.

SECTION 2.       Appeal Fee — An appeal fee of P100.00 shall be paid to the proper appellate body.

SECTION 3.       When Appeal is Deemed Filed — The appeal
is deemed filed in case the same is sent by registered mail, on the date
shown by the postmark on the envelope which shall be attached to the
record of the case, and in case of personal delivery, on the date
stamped by the Board, Civil Service Regional Office, or by the
Commission on the appeal.

SECTION 4.       Effect of Decision — In case the protest
is finally decided in favor of the protestant, the appointment of the
protestee shall be rendered ineffective and/or disapproved which action
shall be noted in the person file such as file 201 and service card. 
The protestee shall be reverted to his former position.

SECTION 5.       Transmittal of Records — The head of
Department or agency, the Merit Systems Protection Board or the Civil
Service Regional Office shall, within five (5) days from the perfection
of the appeal, forward the record of the case with his comment and
recommendation to the proper appellate body or the Commission.  The
records of the case shall be systematically and chronologically
arranged, paged and securely bound to prevent loss, consisting of the
following:

(a)     Appointment of the Protestee to the contested position;
(original or machine copy duty authenticated or certified true copy)

(b)     Statement of Duties or Job Description of the contested position;

(c)     Approved organization chart indicating the positions
determined to be next-in-rank and the positions held by the contestants;

(d)     Qualification Standard for the contested position;

(e)     Duly accomplished and updated Personal Data Sheets of the Parties with certified Statement of Service Records attached;

(f)      Certificates of Training Courses/Seminars/Commendations/Scholarship Grants, etc.;

(g)     List of Candidates for Promotion as certified to by the Personnel Selection Board;

(h)     Decision being appealed; and

—      Motion for reconsideration of said decision:

—      Resolution denying the motion for reconsideration;

(i)      Memorandum of Appeal.

To ensure the order transmittal of records, the same shall bear (1)
table of contents indicating the corresponding pages, and (2) a
certification that the records are complete including the number of
pages of the same.

RULE VIII
Execution Of Decision

SECTION 1.       Execution of Decision — The decision of
the Commission in a protest case shall be executory, unless a motion for
reconsideration is seasonably filed, in which case the execution of the
decision shall be held in abeyance.

SECTION 2.       Effect of Pendency of Certiorari with Supreme Court
— The filing and pendency of an action for certiorari with the Supreme
Court shall not stop the execution of the final decision of the
Commission unless the Court issues a restraining order or an injunction.

SECTION 3.       Non-Execution of Decision — A head of
office or agency or his deputy who wilfully refuses or fails to
implement the final resolution/decision, order or ruling of the
Commission to the prejudice of the public service and the party
affected, shall be personally liable for the payment of salaries and
other money benefits corresponding to the delay in the execution
thereof.  For this purpose, the Commission shall issue the necessary
order.

The Commission may also file and pursue disciplinary, civil, and/or criminal actions as provided for under existing laws.

RULE IX
Miscellaneous Provisions

SECTION 1.       Computation of Time — In computing any
period of time prescribed by these Rules, the first day shall be
excluded and the last day included unless it be a Saturday, a Sunday, or
a legal holiday, in which case the period shall run until the end of
the next day which is neither a Saturday, a Sunday or a legal holiday.

SECTION 2.       Effectivity — These Rules shall take effect thirty (30) days after publication in a newspaper of general circulation.

Effective: 26 November 1989