9 stages of a civil service case

The stages of an administrative proceeding, as outlined in the Revised Rules on Administrative Cases in the Civil Service (RRACCS), are:

First, the Complaint. The complaint initiates administrative cases against employees of the civil service.[1] Except when otherwise provided for by law, an administrative complaint may be filed at anytime with the CSC, or the proper heads of departments, agencies, provinces, cities, municipalities and other instrumentalities.[2]

Second, the Counter-Affidavit/Comment. Upon receipt of a complain which is sufficient in form and substance, the disciplining authority shall require the person complained of to submit Counter-Affidavit/Comment under oath within three (3) days from receipt.[3]

Third, the Preliminary Investigation. A Preliminary investigation involves the ex parte examination of records and documents submitted by the complainant and the person complained of, as well as documents readily available from other government offices.[4] During said investigation, the parties are given the opportunity to submit affidavits and counter-affidavits. Failure of the person complained of to submit his counter-affidavit shall be considered as a waiver thereof.[5]

Fourth, the Investigation Report. Within five (5) days from the termination of the preliminary investigation, the investigating officer shall submit the investigation report and the complete records of the case to the disciplining authority.[6]

Fifth, the Formal Charge. If a prima facie case is established during the investigation, a formal charge shall be issued by the disciplining authority. Otherwise, in the absence of a prima facie case, the complaint shall be dismissed.[7]Sixth, the Answer. The respondent is then given the chance to controvert the charge by filing an answer, which shall state material facts and applicable laws and contain documentary evidence such as sworn statements covering testimonies of witnesses, in support of one's defense.[8]

Seventh, the Formal Investigation. If the merits of the case cannot be decided judiciously or if the respondent so elects, the disciplining authority shall conduct a formal investigation.[9] At this stage of the proceeding, parties may agree to submit the case for resolution on the basis of position papers/memoranda.[10] However, the rules generally sanction a continuous hearing, where the parties are given the chance to present and rebut evidence.[11]

Eighth, the Formal Investigation Report. Within fifteen (15) days after the conclusion of the formal investigation, the hearing officer shall submit a report containing a narration of the material facts, his findings and the evidence supporting said findings, as well as his recommendations to the disciplining authority.[12]

Ninth, the Decision. Within thirty (30) days from receipt of the Formal Investigation Report, the disciplining authority shall decide the case.[13]

ALSO READ: RTC employee axed for showing penis to court janitor. AND, Adalim v. Taninas (G.R. No. 198682; April 10, 2013).

---

[1] Revised Rules on Administrative Cases in the Civil Service, Section 10
[2] Id., Section 12.
[3] Id., Section 14.
[4] Id., Section 15.
[5] Id., Section 16
[6] Id., Section 18.
[7] Id., Section 20.
[8] Id., Section 23.
[9] Id., Section 30.
[10] Id., Section 31.
[11] Id., Section 36.
[12] Id., Section 43.
[13] Id., Section 44.