THURSDAY & FRIDAY, JUNE 15 & 16, 2023 * 1:30PM TO 4:45PM VIA ZOOM
This training on the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) is to educate and empower the public; the disciplining authorities of the different government agencies and instrumentalities; LGUs including autonomous regional governments; State Universities and Colleges; Local Universities and Colleges; Government Hospitals; and Government-Owned and Controlled Corporations, on the course of action to take when a public servant commits misconduct, infraction, abuses, and illegal acts. This is also applicable to protest the appointment of a public servant under the jurisdiction of the Civil Service Commission. Knowing the rules is also helpful to those who need to defend themselves against unfair complaints and accusations.
The program will provide participants the necessary tools in dealing with a situation that calls for the filing of administrative cases, the conduct of preliminary investigation, formal hearing, imposition of penalties, determination of kinds of offenses and modes of review. It will also cover principles, concepts, Supreme Court Rulings and other relevant jurisprudence and remedies pertaining to administrative cases.
She is the incumbent Director IV of the Office for Legal Affairs, Civil Service Commission (CSC). She has been with the legal service of the CSC in various capacities starting in 1997 to 2002, and from December 2012 to the present. In between those stints, she was the Assistant Regional Director of the Civil Service Commission National Capital Region (CSC NCR). She was involved in the crafting of the 2017 RACCS and is an active resource person on administrative discipline, Republic Act No. 6713, 2017 Omnibus Rules on Appointments and other Human Resource Action, CSC Anti-Sexual Harassment Rules, among others.
Atty. Foronda graduated from the University of the Philippines, College of Law in 1991 and has a master’s degree specializing in policy studies from the UP National College for Public Administration and Governance.
DAY 1 (1:30PM -4:45PM)
A. Introduction
1. The 2017 Rules on Administrative Cases in the Civil Service and its application
2. Nature of administrative discipline
3. The concept of due process
B. Jurisdiction
1. Comparison of jurisdiction among agencies exercising administrative discipline over civil servants
2. Kinds of jurisdiction
3. Effect of resignation, retirement and death as jurisdiction
4. Mandate of the Civil Service Commission
C. Kinds of Offenses
1. Definition and cases involving Grave Offenses
2. Definition and cases involving Less Grave Offenses
3. Definition and cases involving Light Offenses
4. Administrative offenses in relation to the EODB Act
5. Revised rules on the offense of Sexual Harassment in view of RA 11313 (Safe Spaces Act)
6. Revised Rules on Dishonesty
7. Revised Rules on Unliquidated Cash Advance
DAY 2 (1:30PM – 4:45PM)
D. Commencement of Administrative Investigation
1. Filing of complaint
2. Treatment of anonymous complaints
3. Effect of withdrawal of complaint or executions of affidavit of desistence
E. Preliminary Investigation
1. Purpose
2. Conduct of preliminary investigation
F. Formal Charge
1. When to issue a Formal Charge
2. Contents of a Formal Charge
3. Importance of a Formal Charge
G. Answer
1. Contents
2. Effect of failure to answer
3. Effect of answer that is sufficient
H. Preventive Suspension
1. Requirements for its issuance
2. Periods
3. Void preventive suspension
I. Formal Investigation
1. When conducted
2. Resolving a case based on position paper
3. Pre-hearing conference
4. Use of Judicial Affidavit
5. Order and conduct of hearing
6. Quantum of proof in an administrative case
7. Effect of a pending administrative case
J. Finality of Decision
K. Penalties
1. Schedule of penalties
2. Conversion of a penalty to fine
3. Mitigating and aggravating circumstances
4. Manner of imposition
5. Administrative disabilities inherent to penalties
L. Remedies
1. Concept of party adversely affected
2. Settlement of certain administrative cases
3. Filing of a motion for reconsideration
4. Filing of an appeal
5. Filing of a petition for review
M. Payment / Forfeiture of Backwages and Other Benefits
N. Indirect Contempt of the Commission
O. Protest Mechanism for the Invalidation/ Disapproval or Revocation of Appointments
P. Effects of Violations of the Right to Due Process
Q. Updates on Other Relevant Laws, CSC Rules and Issuances
This training is applicable to all rank and file and managerial employees of government, whether under permanent, temporary, coterminous, contractual or casual status, including those employed in national government agencies, local government units, government-owned and controlled corporations with original charter, government instrumentalities (water districts, electric cooperatives, etc), autonomous regional governments such as CAR and BARMM, state universities and colleges; local universities and colleges and government hospitals.
The Center for Global Best Practices is accredited by the Civil Service Commission.
Contact Person: Kyra Gayle Villanueva
Mobile Number (+63 968) 851-2347
Telefax: (+632) 8842-7148 or 59
Email: kyra.cgbp@yahoo.com
