Republic of the Philippines
BULACAN STATE UNIVERSITY
Graduate School
City of Malolos, Bulacan
Written Report:
2017 Rules on Administrative Cases
in the Civil Service
In partial fulfilment of the requirements in
Education and the Law
Submitted by:
Cielyn L. Camiso
MAEd- Curriculum and Instruction
Submitted to:
Dr. Rolando R. Gaspar
Professor
2017 Rules on Administrative Cases in the Civil Service
(Resolution No. 1701077)
The Civil Service Commission is the premier human resource institution of the
government. Part of its constitutional mandate is to promulgate rules and procedures relating to
civil service matters, including administrative discipline of civil servants.
RACCS is an update of the 2011 version which contains procedural guidelines for the disposition
of disciplinary and non-disciplinary cases. These rules shall apply to all disciplinary and non-disciplinary
administrative cases or matters brought before the CSC and its regional field offices, agencies of the
national government, local government units, state universities and colleges, and government owned or
controlled corporations with original charters except as maybe provided by the law.
RULE NO. 10
ADMINISTRATIVE OFFENSES AND PENALTIES
SECTION 50: Classification of Offenses
A. The following grave offenses shall be punishable by dismissal from the service:
1. Serious Dishonesty;
2. Gross Neglect of Duty;
3. Grave Misconduct;
4. Being Notoriously Undesirable;
5. Conviction of a crime involving moral turpitude;
6. Falsification of official document;
7. Physical or mental incapacity or disability due to immoral or vicious habits;
8. Receiving for personal use of a fee, gift or other valuable thing in the course of official duties
or in connection therewith when such fee, gift or other valuable thing is given by any person
in the hope or expectation of receiving a favor or better treatment than that accorded to other
persons, or committing acts punishable under the anti-graft laws;
9. Contracting loans of money or other property from persons with whom the office of the
employee has business relations;
10. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value which in the course of his/her official duties or in connection
with any operation being regulated by, or any transaction which may be affected by the
functions of his/her office. The propriety or impropriety of the foregoing shall be determined
by its value, kinship, orrelationship between giver and receiver and the motivation. A thing
of monetary value is one which is evidently or manifestly excessive by its very nature;
11. Nepotism; and
12. Disloyalty to the Republic of the Philippines and to the Filipino people.
B. The following grave offenses shall be punishable by suspension of six (6) months and one
(1) day to one (1) year for the first offense and dismissal from the service for the second
offense:
1. Less serious dishonesty;
2. Oppression;
3. Disgraceful and immoral conduct;
4. Inefficiency and incompetence in the performance of official duties;
5. Frequent unauthorized absences;
6. Habitual tardiness in reporting for duty;
7. Loafing from duty during regular office hours;
8. Refusal to perform official duty;
9. Gross Insubordination;
10. Conduct prejudicial to the best interest of the service;
11. Directly or indirectly having financial and material interest in any transaction requiring
the approval of his/her office. Financial and material interest is defined as pecuniary or
proprietary interest by which a person will gain or lose something;
12. Owning, controlling, managing or accepting employment as officer, employee,
consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated,
supervised or licensed by his/her office, unless expressly allowed by law;
13. Disclosing or misusing confidential or classified information officially known to him/her
by reason of his/her office and not made available to the public, to further his/her private
interests or give undue advantage to anyone, or to prejudice the public interest;
14. Obtaining or using any statement filed under the Code of Conduct and Ethical Standards
for Public Officials and Employees for any purpose contrary to morals or public policy or
any commercial purpose other than by news and communications media for
dissemination to the general public; and
15. Recommending any person to any position in a private enterprise which has a regular or
pending official transaction with his/her office, unless such recommendation or referral is
mandated by (1) law, or (2) international agreements, commitment and obligation, or as
part of the function of his/her office.
C. The grave offense of Inefficiency and Incompetence in the performance of official duties is
punishable by Demotion. In this case, the guilty person shall suffer diminution in the salary
corresponding to the next lower salary grade with the same salary step.
D. The following less grave offenses are punishable by suspension of one (1) month and one (1)
day suspension to six (6) months for the first offense; and dismissal from the service for the
second offense:
1. Simple Neglect of Duty;
2. Simple Misconduct;
3. Discourtesy in the course of official duties;
4. Violation of existing Civil Service Law and rules of serious nature;
5. Insubordination;
6. Habitual Drunkenness;
7. Unfair discrimination in rendering public service due to party affiliation or preference;
8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of
business interest and financial connections including those of their spouses and
unmarried children under eighteen (18) years of age living in their households;
9. Failure to resign from his/her position in the private business enterprise within thirty (30)
days from assumption of public office when conflict of interest arises, and/or failure to
divest himself/herself of his/her shareholdings or interest in private business enterprise
within sixty (60) days from assumption of public office when conflict of interest arises;
Provided, however, that for those who are already in the service and conflict of interest
arises, the official or employee must either resign or divest himself/herself of said interest
within the periods hereinabove provided, reckoned from the date when the conflict of
interest had arisen; and
10. Engaging directly or indirectly in partisan political activities by one holding non-political
office.
SECTION 51. Other Specific Offenses
A. The Offense of Sexual Harassment
I. Grave Offenses punishable by dismissal from the service shall include, but are not limited to:
a. unwanted touching of private parts of the body (inner thighs, genitalia, buttocks and
breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for employment, promotion, local or foreign
travels, favorable working conditions or assignments, a passing grade, the granting of
honors or scholarship, or the grant of benefits or payment of a stipend or allowance; and
e. Other analogous cases.
II. Less Grave Offenses shall include, but are not limited to:
a. unwanted touching or brushing against a victim’s body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or innuendoes directed toward the members of one sex,
or one’s sexual orientation or used to describe a person;
d. verbal abuse with sexual overtones; and
e. other analogous cases.
III. Light Offenses shall include, but are not limited to:
a. surreptitiously looking at a person’s private part or worn undergarments;
b. telling sexist/smutty jokes or sending these through text, electronic mail or other similar
means, causing embarrassment or offense and carried out after the offender has been
advised that they are offensive or embarrassing or, even without such advise, when they
are by their nature clearly embarrassing, offensive or vulgar;
c. malicious leering or ogling;
d. display of sexually offensive pictures, materials or graffiti;
e. unwelcome inquiries or comments about a person’s sex life;
f. unwelcome sexual flirtation, advances, propositions;
g. making offensive hand or body gestures at an employee;
h. persistent unwanted attention with sexual overtones;
i. unwelcome phone calls with sexual overtones causing discomfort, embarrassment,
j. offense or insult to the receiver; and
k. other analogous cases.
B. Violations of RA 9485 or the Anti-Red Tape Act (ARTA).
The specific acts constituting grave and light offenses as well as the corresponding penalties
under said law are as follows:
1. Grave Offense
a. Fixing and/or collusion with fixers in consideration of economic and/or other gain or
advantage.
Penalty - Dismissal and perpetual disqualification from public service.
Rule 14
PAYMENT OF BACK WAGES AND OTHER SIMILAR BENEFITS
SECTION 74. Who are Entitled. – The following are entitled to back wages and other similar
benefits:
a. An illegally dismissed or suspended official or employee who is exonerated/reprimanded and
ordered reinstated in the service; and
b. A respondent placed under preventive suspension, whose order of suspension was declared
by the Commission as invalid.
SECTION 75. What Are Included. – Subject to the guidelines provided hereinafter and other
existing laws, rules and regulations, the following benefits are included in the scope of back
wages:
a. Salaries from the time the official or employee was illegally dismissed /suspended up to the
time of actual reinstatement;
b. Representation and Transportation Allowance (RATA) as provided under existing rules;
c. Personnel Economic Relief Allowance/Additional Compensation Allowance (PERA/ACA);
d. Restoration of Leave Credits;
e. Loyalty Award;
f. Anniversary Bonus;
g. 13th , 14th Month Pay and Cash Gift;
h. Uniform/Clothing Allowance;
i. Performance-based Bonus; and
j. Other similar benefits given to regular employees by the agency
RULE NO. 20
DROPPING FROM THE ROLLS
SECTION 107. Grounds and Procedure for Dropping from the Rolls.
Officers and employees who are absent without approved leave, have unsatisfactory or
poor performance, or have shown to be physically or mentally unfit to perform their duties may
be dropped from the rolls within thirty (30) days from the time a ground therefor arises.
SAMPLE ADMINISTRATIVE CASE IN THE CIVIL SERVICE
FIRST DIVISION
[G.R. No. 183678 : March 15, 2010]
RENE VENTENILLA PUSE, PETITIONER, VS. LIGAYA DELOS SANTOS-PUSE,
RESPONDENT
DECISION
VILLARAMA, JR., J.:
Before this Court is a Petition for Review on Certiorari with Prayer for Injunction and
Temporary Restraining Order filed by petitioner Rene V. Puse assailing the Decision 1 dated 28
March 2008 of the Court of Appeals in CA-G.R. SP No. 100421.
Petitioner is a registered Professional Teacher stationed at S. Aguirre Elementary School,
East District, Jose Panganiban, Camarines Norte, while respondent is a Barangay Rural Health
Midwife assigned at the Municipal Health Office of Jose Panganiban, Camarines Norte.
It appears that on 10 January 1992, petitioner married respondent Ligaya Delos Santos-
Puse at the Municipal Trial Court (MTC) of Daet, Camarines Norte before the Hon. Judge Oscar
T. Osorio. 2 He had two (2) children with her, and had a church wedding before respondent
found out that petitioner was already married. Respondent discovered that petitioner had already
gotten married to Cristina Pablo Puse at the Municipal Trial Court in Cities of Laoag City, Ilocos
Norte on 27 December 1986. Respondent likewise learned that he has two (2) children with his
first wife.
Thus, on 2 August 2005, respondent filed a letter-complaint with the Director of the
Professional Regulation Commission (PRC), National Capital Region, Manila, through the
Director, PRC, Lucena City, seeking assistance regarding her husband against whom she had
filed a criminal case for "Bigamy" and "Abandonment." She alleged that her husband has not
been giving her and their children support.
In a letter dated 16 August 2005, petitioner was directed by the PRC of Lucena City to
answer the complaint for immorality and dishonorable conduct filed by respondent. 5 Per
directive, petitioner submitted his Compliance 6 dated 31 August 2005 denying the charges
against him. He adopted his counter-affidavit and the affidavits of his witnesses, Jocelyn Puse
Decena and Dominador I. Blanco, which were submitted in Criminal Case Nos. 7228 and 7229
before the MTC of Jose Panganiban, Camarines Norte. He argued that if respondent's allegations
were true, she herself would be equally guilty of immorality and dishonorable conduct, as she
was fully aware that petitioner was already married when she married him. He added he has not
abandoned respondent or their children and continually gives support for their children.
In her Reply to Answer/Compliance 7 dated 6 September 2005, respondent said she
married petitioner in good faith, unaware that he was already married to Cristina N. Pablo. When
she learned of petitioner's deception regarding his marital status, she filed a case for Bigamy
before the MTC of Jose Panganiban, Camarines Norte, which found probable cause to hold
petitioner for trial. She found petitioner's explanation "Na ako ay wala ng balita o komunikasyon
sa aking unang asawa at ang paniwala ko ay siya ay patay na at ang aking kasal ay nawala ng
saysay" to be lame and insufficient to justify his contracting a subsequent bigamous marriage.
She claimed that petitioner should have instituted in court a summary proceeding for the
declaration of presumptive death of his first wife before contracting a subsequent marriage. In
the absence of such declaration, her marriage to petitioner is bigamous and void ab initio. She
added that the affidavits of his sister and close friend should not be given weight.
In his Rejoinder 8 dated 11 October 2005, petitioner reiterated the arguments in his
Answer and prayed for the dismissal of the complaint on the ground that it was not verified and
for failure of the respondent to attach a valid certification against forum-shopping.
After due consideration of the complaint, affidavits, supporting documents and pleadings
filed, the Board of Professional Teachers, PRC, Lucena City, found a prima facie case for
Immorality and Dishonorable Conduct against petitioner, and directed respondent to pay docket
and legal research fees. 9 The case was docketed as Adm. Case No. LCN-0016.
On 16 February 2007, the Board of Professional Teachers (Board), PRC, Manila, found
petitioner administratively liable of the charges and revoked his license as a Professional
Teacher. The dispositive portion of the Resolution reads:
IN VIEW OF ALL THE FOREGOING, the Board finds Rene Ventenilla Puse guilty as
charged and accordingly revokes his license as a Professional Teacher. He is ordered to
surrender his Certificate of Registration and his Professional Identification Card to the
Professional Regulation Commission within ten (10) days from the time this decision becomes
final and executory and to desist from the practice of the teaching profession under the pain of
criminal prosecution.
SO ORDERED.
