Whereas, Section 12 (2), Chapter 3, Title I, Subtitle (A), Book V of the Administrative Code of 1987 (Executive Order No. 292) empowers the Civil Service Commission to prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws;

Whereas, Section 47 (1), Chapter 6, Subtitle (A), Title I, Book V of the same Code provides that the œCommission shall decide upon appeal all administrative disciplinary cases involving imposition of a penalty of suspension for more than thirty (30) days, or fine in an amount exceeding thirty (30) days ™ salary, demotion in rank or salary or transfer, removal or dismissal from office .

Whereas, Section 47 (2), Chapter 6, Subtitle (A), Title I, Book V of the same Code likewise provides that œin case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department and finally to the Commission .

Whereas, the Commission, pursuant to Section 43, Rule III of CSC Resolution No. 99-1936 dated August 31, 1999 (Uniform Rules on Administrative Cases in the Civil [URACCS]), has adopted the provision of the Administrative Code and provided for an appeal remedy for the decisions of bureau or office heads on administrative disciplinary cases before the department secretary, and finally to the Commission.

Whereas, the Administrative Code and the URACCS provide that when penalty imposed is removal from the government service, the same may become executor pending appeal only when confirmed by the department secretary concerned.

Whereas, the provisions of the Administrative Code and the URACCS are silent with respect to the same requirement on the decision of heads of attached on administrative disciplinary cases.

Whereas, the Supreme Court, in the case of Fidencio Y. Beja Sr. vs. Court of Appeals, G. R. No. 97149, March 31, 1992 (207 SCRA 689), has defined the lateral relationship between a department and the agency attached to it as mere œattachment  for purposes of policy and program coordination, thus recognizing secretary on its internal operations including personnel management and discipline.

Wherefore, to serve the broader interest of justice, the Commission thereby adopts and promulgates the following rules to serve as amendment to, and clarification of Section 43, Rule III of CSC Resolution No. 99-1936 dated August 31, 1999 (Uniform Rules on Administrative Cases in Civil Service [URACCS]), as follows:

œSection 43. Filing of Appeals. - Decisions of heads of department, agencies, provinces, cities, municipalities and other instrumentalities imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty days salary, may be appealed to the Commission Proper within a period of fifteen (15) days from receipt thereof.

œIn 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 finally to the Commission Proper. Pending appeal, the same shall be executor except where the penalty is removal, in which case the same shall be executor only after confirmation by the Secretary concerned.

œUnless otherwise provided by law, the decision of the head of an attached agency imposing a penalty exceeding thirty (30) days suspension of fine in an amount exceeding thirty days ™ salary, demotion in rank or salary or transfer, removal or dismissal from office is appealable directly to the Commission Proper within a period of fifteen (15) days from receipt thereof. Pending appeal, the penalty imposed shall be executor, including the penalty of removal from the service without need for the confirmation by the department secretary to which the agency is attached.

œ A notice of appeal including the appeal memorandum shall be filed with the appellate authority, copy furnished the disciplining office. 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, to the appellate authority. 

This Resolution shall take effect fifteen (15) days after its publication.

Quezon City, Feb 07 2007

	(SGD.) Karina Constantino-David Chairman
(SGD.) Cesar D. BuenaflorCommissioner		(SGD.) Mary Ann Z. Fernandez-Mendoza Commissioner
Attested by: (SGD.) Judith D. Chicano Director IV Commission Secretariat and Liaison Office