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CSC issues rule on delegation of authority

April 16, 2023 People's Tonight 771 views

To dismiss administrative cases on technical grounds

COMPLAINTS and appeals which are non-compliant with the technical requirements of the 2017 Rules on Administrative Cases in the Civil Service (RACCS) may be dismissed by the Civil Service Commission’s (CSC) Assistant Commissioner for Legal.

The CSC released Resolution No. 2300030, promulgated on 13 January 2023, which designates the Assistant Commissioner for Legal to issue orders dismissing administrative cases found to be defective based on technical grounds provided in the 2017 RACCS, or the rules of procedure for handling disciplinary and non-disciplinary administrative cases lodged in the CSC.

The rule is in response to the increasing number of complaints and appeals found to be defective and dismissible due to the failure of concerned parties to observe and strictly comply with the requirements. This would allow the Commission to focus on resolving cases based on the merits, thus streamlining the process and leading to speedier disposition of administrative cases.

Under the said resolution, the Office for Legal Affairs may recommend the dismissal of a complaint or appeal, with the approval of the CSC, on the following grounds: cases not cognizable by the CSC; absence of any of the requisites for a valid
complaint; anonymous complaints, where the act complained of is not public knowledge or the allegations cannot be verified or supported by documentary or direct evidence; mootness and/or decisions which have attained finality; and dismissal with prejudice due to failure to perfect an appeal after having been directed to comply by the CSC; and other analogous circumstances.

Upon approval of the recommendation, the Assistant Commissioner for Legal will issue the Order for dismissal.

Dismissed complaints may be refiled; however, appeals which are not perfected are barred from subsequent refiling. The dismissal is also not subject to motion for reconsideration but can be appealed before the CSC proper.

CSC Resolution No. 2300030 was published in a newspaper of general circulation on 25 March 2023 and will take effect after 15 days from the said date, or on 10 April 2023.

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