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Question FILING of APPEAL

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2 years 6 months ago #668 by Neil B. Gacuma
Neil B. Gacuma created the topic: FILING of APPEAL
Good day you Sir/Madam.

I would like to ask your good office regarding filing of Appeal at CSC(NCR) on administrative case filed. Usually how many working days does it take for CSC(NCR) Legal Department to reply an Appeal filed???

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2 years 6 months ago #737 by Action Officer 25
Action Officer 25 replied the topic: FILING of APPEAL
Good day! Appealed cases are being evaluated, studied and acted upon. Constant follow-up at the Legal Division CSC NCR is suggested to keep you abreast of your appealed case.

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10 months 1 week ago #3387 by Sampaguita
Sampaguita replied the topic: FILING of APPEAL
Hi,

Good day!

What are the typical requirements that are needed to file an appeal and where can we file them?

Thank you.

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9 months 3 weeks ago #3394 by Action Officer 10
Action Officer 10 replied the topic: FILING of APPEAL
Good day!

Regarding your query on where to file the appeal, the following provisions of the 2017 Rules on Administrative Cases in the Civil Service (RACCS) apply:

"Section 7. Cases Cognizable by the Commission. The Civil Service Commission shall take cognizance of the following cases:

A. Disciplinary

1. Decisions of CSC ROs brought before it on petition for review;
x x x
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;
5. Decisions of disciplining authorities imposing penalties not exceeding thirty (30) days suspension or fine equivalent to 30 days salary but violating due process;
6. Requests for transfer of venue of hearing on cases being heard by CSC ROs;
7. Appeals or petitions for review from orders of preventive suspension; and
8. Such other actions or requests involving issues arising out of or in connection with the foregoing enumeration.

B. Non-Disciplinary

1. Decisions of department secretaries and bureau heads on human resource actions;
2. Decisions of CSC ROs;
3. Requests for favorable recommendation on petition for the removal of administrative penalties or disabilities;
4. Requests for extension of service excluding presidential appointees;
5. Appeals from reassignment of public health workers and public social workers;
6. Such other analogous actions or petitions arising out of or in relation with the foregoing enumerations.

"Section 8. Cases Cognizable by Regional Offices. Except as otherwise directed by the Commission, the CSC ROs shall take cognizance of 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.
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
3. Requests for corrections of personal information in the records of the Commission."

On your query on the requirements for the filing of an appeal, please see the following provisions on filing of appeal applicable both to disciplinary and non-disciplinary cases:

"Section 66. Filing. Subject to Section 49 of these Rules, decisions of disciplining authorities, imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days salary, may be appealed to the Commission 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 then 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.

"Section 68. Perfection of an Appeal or a Petition for Review. To perfect an appeal or a petition for review, the appellant/petitioner shall submit the following documents:

a. Memorandum containing the following:

1. grounds relied upon for the appeal/petition for review;
2. certified true copies of the assailed decision, resolution or order; and
3. certified true copies of documents or evidence relevant to the case.

The Memorandum shall be filed with the appellate authority, copy furnished the disciplining authority. 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 from receipt, to the appellate or higher authority."

We hope to have enlightened you on the matter.


b. Proof of service of a copy of the memorandum to the disciplining office;

c. Proof of payment of the required fee; and

d. A statement or certificate of non-forum shopping.

If the appellant/petitioner fails to comply with any of the above 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/petition for review and shall cause its dismissal with prejudice to its refiling.

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