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Question Appeal of Decision of Board of Regents

1 year 9 months ago - 1 year 9 months ago #332 by jun udanga
jun udanga created the topic: Appeal of Decision of Board of Regents
What will be the effect of an appeal to the Commission in administrative cases where an HEI Board of Regents rendered a decision of dismissal from service?
Will the appeal stay the decision, OR will it be executory pending appeal?

Most Supreme Court decisions i have read clearly indicates that the decisions of the Civil Service Commission and the Office of the Ombudsman are executory pending appeal. In the readings of jurisprudence, no direct principle can be gathered from Supreme Court decisions on this topic, neither a discussion of the effect.

Please guide me by providing case citations that deals with the matter, if you have any to provide.

Thank you for your immediate response regarding this query.
Last Edit: 1 year 9 months ago by jun udanga. Reason: revised the presentation of the question

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1 year 9 months ago #338 by Action Officer 12
Action Officer 12 replied the topic: Appeal of Decision of Board of Regents
Section 61 (2nd par.), Rule 12 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) provides that: All decisions of heads of agencies are immediately executory pending appeal before the Commission. The decision imposing the penalty of dismissal by disciplining authority in departments is not immediately executory unless confirmed by the Secretary concerned. However, the Commission may take cognizance of the appeal pending confirmation of its execution by the Secretary.

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