[ CSC MEMORANDUM CIRCULAR NO. 16, s. 1998, May 12, 1998 ]
ANY RESPONSIVE PLEADING TO A FORMAL CHARGE SHALL BE CONSIDERED AS ANSWER/COMMENT
Pursuant to CSC Resolution No. 98-0683 dated March 31, 1998, the Commission has amended Section 21 of the Uniform Rules of Procedure in the Conduct of Administrative Investigations in the Civil Service Commission, to read as follows:
SECTION 21. Formal Charge - When the Commission finds the existence of a prima facie case, the respondent shall be formally charged. He shall be furnished copies of the complaint, sworn statements and other documents submitted by the complainant, unless he had already received the same during the preliminary investigation. The respondent shall be given at least seventy-two (72) hours from receipt of said formal charge to submit his answer under oath, together with the affidavits of his witnesses and other evidence, and a statement indicating whether or not he elects a formal investigation. He shall also be informed of his right to the assistance of a counsel of his choice. If the respondent has already submitted his comment and counter-affidavits during the preliminary investigation, he shall be given the opportunity to submit additional evidence.
The Commission shall not entertain requests for clarification, bills of particulars or motions to dismiss which are obviously designed to delay the administrative proceedings. If any of these pleadings is interposed by the respondent, the same shall be considered as an answer and shall be evaluated as such.
This Memorandum Circular shall take effect immediately.
Quezon City.
Adopted: 12 May 1998
(SGD.) CORAZON ALMA G. DE LEON
Chairman
SECTION 21. Formal Charge - When the Commission finds the existence of a prima facie case, the respondent shall be formally charged. He shall be furnished copies of the complaint, sworn statements and other documents submitted by the complainant, unless he had already received the same during the preliminary investigation. The respondent shall be given at least seventy-two (72) hours from receipt of said formal charge to submit his answer under oath, together with the affidavits of his witnesses and other evidence, and a statement indicating whether or not he elects a formal investigation. He shall also be informed of his right to the assistance of a counsel of his choice. If the respondent has already submitted his comment and counter-affidavits during the preliminary investigation, he shall be given the opportunity to submit additional evidence.
The Commission shall not entertain requests for clarification, bills of particulars or motions to dismiss which are obviously designed to delay the administrative proceedings. If any of these pleadings is interposed by the respondent, the same shall be considered as an answer and shall be evaluated as such.
This Memorandum Circular shall take effect immediately.
Quezon City.
Adopted: 12 May 1998
(SGD.) CORAZON ALMA G. DE LEON
Chairman