RESOLVED, That in accordance with the recommendation of the Officer-in-Charge, Investigation Unit, to AMEND the Subtitle of Section 3 and of the second sentence of Section 3, Rule XII (Preventive Suspension) of the Rules of Procedure in Administrative Investigations (RPAI) of GSIS Officials and Employees, pertaining to the effect on the implementation of the order of preventive suspension of a motion for reconsideration seasonably filed.

As amended, Section 3, Rule XII reads as follows:

œSection 3. Remedies from the order of preventive suspension.-If the respondent desires to have an order of suspension set aside, he may file a motion for reconsideration with the PGM within fifteen (15) working days from receipt of the order. The filing of the motion for reconsideration shall not stay the implementation of the order. In the alternative, the respondent may also appeal to the Civil Service Commission within the same period of time from receipt of the order. However, the filing of the appeal will not stay the implementation of the order unless otherwise directed by the Civil Service Commission. 

The insertion of the word œpreventive  in the title Section 3 will make it more consistent with Rule XII (Preventive Suspension) where the Section belongs.

In view of its executory nature, a preventive suspension order must be immediately implemented, to be set aside only if the disciplining authority deems it proper. As the RPAI now stands, the option to set aside the order appears to rest on the respondent ™s timely filing of a motion for reconsideration thereon.

Adopted: 30 Aug. 2006 (Board Meeting No. 16)