Administrative remedies

Atty. Cornelio A. PacalaAtty. Cornelio A. PacalaLegal Officer IIILegal Officer III

DepEd, Meralco Avenue, Pasig DepEd, Meralco Avenue, Pasig CityCity

Complaint

DismissalOfComplaint

FormalCharge

PreventiveSuspension

FormalInvestigation

DecisionDismissalOf theCase

Finding of GuiltAnd ImpositionOf Penalty

P.I.

THE ADMINISTRTIVE CASE PROCESSTHE ADMINISTRTIVE CASE PROCESS

I. REMEDIES OF THE WOULD BE I. REMEDIES OF THE WOULD BE RESPONDENTRESPONDENT

A. A. Dismissal of the complaint(s) on any of the Dismissal of the complaint(s) on any of the following grounds:following grounds:

Lack of jurisdictionLack of jurisdiction failure to comply with the requirements as to failure to comply with the requirements as to

form and contents of an ordinary complaint form and contents of an ordinary complaint (Sections 4, and 5 of the Revised Rules of (Sections 4, and 5 of the Revised Rules of ProceduresProcedures

Res JudicataRes Judicata; and; and FORUM SHOPPINGFORUM SHOPPING

a.) Jurisdictiona.) Jurisdiction – Simply means – Simply means the authority to hear and the authority to hear and determine a case. (De la Cruz vs. determine a case. (De la Cruz vs. Moir, 36 Phil 213).Moir, 36 Phil 213).

Section 8. Actions on the ComplaintSection 8. Actions on the Complaint - xxx - xxx

The Disciplining Authority shall also The Disciplining Authority shall also dismiss the complaint if the same is not in dismiss the complaint if the same is not in accordance with the required form and /or if accordance with the required form and /or if it does not comply with the required content it does not comply with the required content of a complaintof a complaint. xxx. xxx

No action shall be taken on an No action shall be taken on an anonymous complaint, unless the Disciplining anonymous complaint, unless the Disciplining Authority decides to adopt the same and file Authority decides to adopt the same and file it motu proprio.it motu proprio.

c.)c.) RES JUDICATA RES JUDICATA- - The rule of res The rule of res judicata forbids the reopening of judicata forbids the reopening of a matter once determined by a matter once determined by competent authority acting competent authority acting within their exclusive within their exclusive jurisdiction. Ysmael vs. Deputy jurisdiction. Ysmael vs. Deputy Executive ScretaryExecutive Scretary, , 190 SCRA673 , Boiser 190 SCRA673 , Boiser

vs. NTC, 169 SCRA 198, Nasipit Lumber vs. NLRC, 177 SCRA vs. NTC, 169 SCRA 198, Nasipit Lumber vs. NLRC, 177 SCRA 93.93.

REQUISITES OF RES JUDICATA: REQUISITES OF RES JUDICATA:

a.a. The former judgment or order must be The former judgment or order must be final;final;

b.b. It must be a judgment or order on the It must be a judgment or order on the merits, merits,

c.c. It must have been rendered by a court It must have been rendered by a court having jurisdiction;having jurisdiction;

d.d. There must be between the first and There must be between the first and second actions, identity of parties, second actions, identity of parties, subject matter and of cause of actiosubject matter and of cause of action.n.

d.) d.) FORUM SHOPPINGFORUM SHOPPING- consists of - consists of filing multiple suits in different courts, filing multiple suits in different courts, either simultaneously or successively, either simultaneously or successively, involving the same parties, to ask the involving the same parties, to ask the courts to rule on the same or related courts to rule on the same or related causes and/or to grant the same or causes and/or to grant the same or substantially same reliefs, on the substantially same reliefs, on the supposition that one or the other court supposition that one or the other court would make a favorable dispositiowould make a favorable disposition. n. Reyes De Leon vs. Del Rosario 435 SCRA Reyes De Leon vs. Del Rosario 435 SCRA 232, 232,

Complaint


FormalCharge


FormalInvestigation



P.I.


II.II. FORMAL CHARGE FORMAL CHARGE

Remedies:Remedies: File an answerFile an answer and elect a formal and elect a formal

investigationinvestigation or waive the conduct or waive the conduct of investigation;of investigation;

Or he may request for clarification, Or he may request for clarification, bills of particulars; orbills of particulars; or

File a motion to dismiss.File a motion to dismiss.

Section 13. AnswerSection 13. Answer – – The Answer, which The Answer, which shall be in writing and under oath, shall shall be in writing and under oath, shall be specific and shall contain material be specific and shall contain material facts and applicable laws, if any, facts and applicable laws, if any, including documentary evidence, sworn including documentary evidence, sworn statements covering testimonies of statements covering testimonies of witnesses, if there be any, in support of witnesses, if there be any, in support of his defense(s). It shall also include a his defense(s). It shall also include a statement indicating whether or not he statement indicating whether or not he elects a formal investigation. elects a formal investigation.

Section 14. Failure to File an Answer Section 14. Failure to File an Answer – – If the respondent fails or refuse to If the respondent fails or refuse to file his Answer to the Formal Charge file his Answer to the Formal Charge within five (5) days from receipt within five (5) days from receipt thereof, he shall be considered to thereof, he shall be considered to have waived his right thereto and the have waived his right thereto and the Formal Investigation may Formal Investigation may commence.commence.

Section 12. Prohibited Pleadings -Section 12. Prohibited Pleadings -The The Disciplining Authority shall not entertain Disciplining Authority shall not entertain dilatory requests for clarification, bills of dilatory requests for clarification, bills of particulars, or motions to suspend particulars, or motions to suspend proceedings on account of a pending court proceedings on account of a pending court case in the absence of a temporary case in the absence of a temporary restraining order or injunctive writ. If any restraining order or injunctive writ. If any of these pleadings are interposed by of these pleadings are interposed by respondent, the same shall be considered respondent, the same shall be considered as an answer and shall be evaluated as as an answer and shall be evaluated as such.such.

Complaint


FormalCharge


FormalInvestigation



P.I.


III.III. REMEDY FROM THE ORDER REMEDY FROM THE ORDER OF PREVENTIVE SUSPENSIONOF PREVENTIVE SUSPENSION

1. File an Appeal with the Civil Service 1. File an Appeal with the Civil Service Commission within fifteen (15) days from Commission within fifteen (15) days from receipt thereof. (Section 19, RRP-Deped.receipt thereof. (Section 19, RRP-Deped.

GROUNDSGROUNDSa. The Order was issued by one who is not a. The Order was issued by one who is not

authorized by law; authorized by law; b. The Order was not premised on any of the b. The Order was not premised on any of the

grounds or cause warranted by law;grounds or cause warranted by law;c. The Order of preventive suspension was issued c. The Order of preventive suspension was issued

without a formal charge; andwithout a formal charge; andd. While lawful in the sense that it is based on the d. While lawful in the sense that it is based on the

enumerated grounds, the duration of the imposed enumerated grounds, the duration of the imposed preventive suspension has exceeded in the preventive suspension has exceeded in the prescribed period, in which case the payment of prescribed period, in which case the payment of back salaries shall correspond to the excess back salaries shall correspond to the excess period only. period only.

EFFECT OF INVALIDITY OF EFFECT OF INVALIDITY OF PREVENTIVE SUSPENSION:PREVENTIVE SUSPENSION:

a. REINSTATEMENTa. REINSTATEMENT

b. PAYMENT OF BACKWAGES, however, the b. PAYMENT OF BACKWAGES, however, the payment of salaries shall await the final payment of salaries shall await the final outcome of the principal case. If the official or outcome of the principal case. If the official or employee concerned is fully exonerated of the employee concerned is fully exonerated of the charge(s), he or she shall be paid such back charge(s), he or she shall be paid such back salaries, otherwise, no back salaries shall be salaries, otherwise, no back salaries shall be awarded (Par. 5(b) Resolution No. 030502, awarded (Par. 5(b) Resolution No. 030502, May 5. 2005) May 5. 2005)

Complaint


FormalCharge


FormalInvestigation



P.I.


IV. REMEDY OF THE PARTY IV. REMEDY OF THE PARTY ADVERSELY AFFECTED BY THE ADVERSELY AFFECTED BY THE

DECISION.DECISION.a.) a.) MOTION FOR RECONSIDERATIONMOTION FOR RECONSIDERATION

A motion for Reconsideration A motion for Reconsideration simply means that the movant merely simply means that the movant merely asks the court/disciplining authority to asks the court/disciplining authority to reevaluate its decision without trial being reevaluate its decision without trial being

conducted again on the issues conducted again on the issues involved.involved. (City of Cebu et al. vs. Mendoza (City of Cebu et al. vs. Mendoza et al.)et al.)

Where and When to file Where and When to file -The party -The party adversely affected by the decision adversely affected by the decision may file a Motion for may file a Motion for Reconsideration of the decision of Reconsideration of the decision of the Disciplinary Authority who the Disciplinary Authority who rendered the same within 15 days rendered the same within 15 days from receipt thereof. (Section47 from receipt thereof. (Section47 RRP-DEPED)RRP-DEPED)

Effect of filing Effect of filing – The filing of a – The filing of a motion for reconsideration motion for reconsideration within the reglementary period of within the reglementary period of 15 days from receipt of the 15 days from receipt of the decision shall not stay the decision shall not stay the execution of the decision sought execution of the decision sought to be reconsidered. (Section 50 to be reconsidered. (Section 50 RRP-DEPED)RRP-DEPED)

Section 48Section 48. Grounds for Motion for . Grounds for Motion for Reconsideration-Reconsideration-

a. New Evidence has been discovered a. New Evidence has been discovered which materially affects the decision which materially affects the decision rendered;rendered;

b. The decision is not supported by b. The decision is not supported by evidence on record; orevidence on record; or

c, Errors of law or irregularities have c, Errors of law or irregularities have been been committed prejudicial to the committed prejudicial to the interest of the interest of the movant.movant.

Section 49. ONLY ONE MOTION Section 49. ONLY ONE MOTION FOR FOR RECONSIDERATION RECONSIDERATION SHALL BE ENTERTAINEDSHALL BE ENTERTAINED..

V. APPEALV. APPEAL

1. 1. DEFINITION OF APPEALDEFINITION OF APPEAL The elevation by party adversely The elevation by party adversely

affected of the decision made by the affected of the decision made by the lower body to a higher body to lower body to a higher body to review error of judgment made in the review error of judgment made in the said decision.said decision.

V. APPEALV. APPEAL

22. NATURE OF APPEAL – . NATURE OF APPEAL – the right the right to appeal is not a natural right, nor a to appeal is not a natural right, nor a part of due process; it is merely a part of due process; it is merely a statutory privilege xxx( UP vs. CSC, statutory privilege xxx( UP vs. CSC, 128 SCRA 207). 128 SCRA 207).

3. 3. STATUTORY PROVISION OF APPEALSTATUTORY PROVISION OF APPEAL:: par (1), section 49, EO 292, specifically states par (1), section 49, EO 292, specifically states

“appeals where allowable, shall be made by the “appeals where allowable, shall be made by the party adversely affected by the decision within party adversely affected by the decision within fifteen (15) days from receipt of the decision, fifteen (15) days from receipt of the decision, unless a petition for reconsideration is unless a petition for reconsideration is seasonably filed. seasonably filed.

Equally important is par. (d) Section 8 of Equally important is par. (d) Section 8 of RA.4670, which specifically provides “Every RA.4670, which specifically provides “Every teacher shall enjoy equitable safeguards at each teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall stage of any disciplinary procedure and shall have:( d) the RIGHT TO APPEAL to clearly have:( d) the RIGHT TO APPEAL to clearly designated authorities .xxx”designated authorities .xxx”

REQUISITES OF APPEAL:REQUISITES OF APPEAL:

a. The decision must be appealable;a. The decision must be appealable;

b. The appeal must be made by the PARTY b. The appeal must be made by the PARTY ADVERSELY AFFECTED by the ADVERSELY AFFECTED by the

decision;decision;

c. The appeal must be made within fifteen c. The appeal must be made within fifteen (15) days from receipt of the decision;(15) days from receipt of the decision;

d. The decision shall be appealed with the d. The decision shall be appealed with the Appellate Authority;Appellate Authority;

A. THE DECISION MUST BE APPEALABLE:A. THE DECISION MUST BE APPEALABLE:

DECISION – means the DECISION – means the adjudication by the adjudication by the disciplining authority that the disciplining authority that the respondent is guilty or not respondent is guilty or not guilty of the administrative guilty of the administrative offense(s) and the imposition offense(s) and the imposition of the penalty, provided for by of the penalty, provided for by law on him or her.law on him or her.

A. THE DECISION MUST BE A. THE DECISION MUST BE APPEALABLE:APPEALABLE:

An order is final, for An order is final, for purposes of appeal, if it disposes purposes of appeal, if it disposes of of the entire case Investment., inc. vs. the entire case Investment., inc. vs. CA et al., G.R. CA et al., G.R. No. 60036, Jan. 27, No. 60036, Jan. 27, 1987.1987.

Section 51. Filing of AppealsSection 51. Filing of Appeals – – Decisions of Decisions of the Regional Directors imposing a penalty the Regional Directors imposing a penalty exceeding thirty (30) days suspension or fine exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days’ in an amount exceeding thirty (30) days’ salary, may be appealed to the Secretary of salary, may be appealed to the Secretary of Education within a period of fifteen (15) days Education within a period of fifteen (15) days from receipt thereof. Then, from the Secretary from receipt thereof. Then, from the Secretary of Education, the same may be finally of Education, the same may be finally appealed to the Civil Service Commission. appealed to the Civil Service Commission. Pending appeal, the same shall be executory, Pending appeal, the same shall be executory, except where the penalty is removal in which except where the penalty is removal in which case the same shall be executory only after case the same shall be executory only after confirmation by the Secretary concerned.confirmation by the Secretary concerned.

C. C. THE APPEAL MUST BE MADE WITHIN THE THE APPEAL MUST BE MADE WITHIN THE REGLEMENTARY PERIODREGLEMENTARY PERIOD

The period to appeal is The period to appeal is within fifteen (15) days within fifteen (15) days from receipt of the from receipt of the copy of the decision. copy of the decision. ((Section 51 Deped-RRP)Section 51 Deped-RRP)

D. THE DECISION SHALL BE APPEALED D. THE DECISION SHALL BE APPEALED WITH THE APPELLATE AUTHORITYWITH THE APPELLATE AUTHORITY

1. Decision rendered by the Regional director or 1. Decision rendered by the Regional director or Superintendent shall be appealed to the Secretary. Superintendent shall be appealed to the Secretary. Section 51, RRP-DEPED. Section 51, RRP-DEPED. 2. Decisions rendered by the Secretary shall be 2. Decisions rendered by the Secretary shall be appealed with the CSC. (Section 51 Deped-RRP)appealed with the CSC. (Section 51 Deped-RRP)3. 3. The decision of the CSC may be appealed to the The decision of the CSC may be appealed to the

Court of Appeals pursuant to Rule 43 of the Court of Appeals pursuant to Rule 43 of the Rules of Court.Rules of Court. Section 56 Deped-RRPSection 56 Deped-RRP4. . 4. . The decision of the Court of appeals may be The decision of the Court of appeals may be elevated to the Supreme Court by way of Petition elevated to the Supreme Court by way of Petition for for Certiorari pursuant to Rule 45 of the rules of Certiorari pursuant to Rule 45 of the rules of Court. Court.

HOW APPEAL IS PERFECTEDHOW APPEAL IS PERFECTED

Section 53. Perfection of an AppealSection 53. Perfection of an Appeal – – To perfect an To perfect an appeal, the appellant shall within fifteen (15) days appeal, the appellant shall within fifteen (15) days from receipt of the decision submit to the disciplining from receipt of the decision submit to the disciplining authority concerned the followingauthority concerned the following::

a. Notice of appeal which shall specifically state the a. Notice of appeal which shall specifically state the date of the decision appealed from and the date date of the decision appealed from and the date

of of receipt thereof;receipt thereof;

b. Three (3) copies of appeal memorandum b. Three (3) copies of appeal memorandum containing the grounds relied upon for the appeal, containing the grounds relied upon for the appeal, together with the certified true copy of the together with the certified true copy of the decision, decision, resolution or order appealed from, and resolution or order appealed from, and certified certified copies of the documents or evidence;copies of the documents or evidence;

c.Proof of service of a copy of the appeal c.Proof of service of a copy of the appeal memorandum to the disciplining office;memorandum to the disciplining office;

d. Proof of payment of the appeal fee( P300); d. Proof of payment of the appeal fee( P300); andand

e. A statement or certificate of non-forum e. A statement or certificate of non-forum shopping. shopping.

f. Failure to comply with any of the above f. Failure to comply with any of the above requirements within the reglementary period requirements within the reglementary period shall be construed as failure to perfect an shall be construed as failure to perfect an appeal and shall cause its dismissalappeal and shall cause its dismissal

Section 54. Effect of FilingSection 54. Effect of Filing – – An appeal shall not stop the decision An appeal shall not stop the decision from being executory, and in case the from being executory, and in case the penalty is suspension or removal, the penalty is suspension or removal, the respondent shall be considered as respondent shall be considered as having been under preventive having been under preventive suspension during the pendency of suspension during the pendency of the appeal, in the event he wins the the appeal, in the event he wins the appeal.appeal.

Section 55. When Case is Remanded for Section 55. When Case is Remanded for Violation of Respondent’s Right to Due ProcessViolation of Respondent’s Right to Due Process – –

If the case on appeal with the If the case on appeal with the Commission Proper is remanded to the proper Commission Proper is remanded to the proper disciplining authority for further investigation, disciplining authority for further investigation, the said disciplining authority shall finish the the said disciplining authority shall finish the investigation within sixty (60) days from the investigation within sixty (60) days from the date of receipt of the records from the date of receipt of the records from the Commission, unless the investigation is delayed Commission, unless the investigation is delayed due to the fault, negligence or petition of the due to the fault, negligence or petition of the respondent, or an extension is granted by the respondent, or an extension is granted by the Commission Proper in meritorious cases. The Commission Proper in meritorious cases. The period of delay shall not be included in the period of delay shall not be included in the computation of the prescribed period.computation of the prescribed period.

Within thirty (30) days from the Within thirty (30) days from the termination of the investigation, the Disciplining termination of the investigation, the Disciplining Authority shall render its decision. If at the end Authority shall render its decision. If at the end of said period, the disciplining authority fails to of said period, the disciplining authority fails to decide the case, the Commission Proper may set decide the case, the Commission Proper may set aside the appealed decision and declare aside the appealed decision and declare respondent exonerated of the charge. If the respondent exonerated of the charge. If the respondent is under preventive suspension, he respondent is under preventive suspension, he shall be immediately reinstated.shall be immediately reinstated.

For this purpose, the Director shall monitor For this purpose, the Director shall monitor the implementation of the CSC Resolution the implementation of the CSC Resolution remanding the case to the proper disciplining remanding the case to the proper disciplining authority for further investigation and to submit a authority for further investigation and to submit a report to the Commission Proper. report to the Commission Proper.

EFFECT OF EXONERATION IN CERTAIN EFFECT OF EXONERATION IN CERTAIN PENALTIESPENALTIES

a. In case the penalty imposed is a fine, the same a. In case the penalty imposed is a fine, the same shall be refunded; shall be refunded;

b. In case the penalty imposed is demotion, the b. In case the penalty imposed is demotion, the exonerated employee shall be restored to his exonerated employee shall be restored to his former position without loss of seniority rights former position without loss of seniority rights with payment of salary differentials; with payment of salary differentials;

c. In case the penalty imposed is transfer, he shall c. In case the penalty imposed is transfer, he shall be immediately restored to his former post unless be immediately restored to his former post unless he decides otherwise. In case there is demotion in he decides otherwise. In case there is demotion in rank, salary or status, he shall be restored to his rank, salary or status, he shall be restored to his former rank, salary or status;former rank, salary or status;

d. In case the penalty imposed is suspension, he shall d. In case the penalty imposed is suspension, he shall be immediately be reinstated to his former post be immediately be reinstated to his former post without lost of seniority rights with payment of without lost of seniority rights with payment of back salaries.back salaries.

e. In case the penalty imposed is dismissal from the e. In case the penalty imposed is dismissal from the service, he shall immediately be reinstated without service, he shall immediately be reinstated without loss of seniority rights with payment of back loss of seniority rights with payment of back salaries.salaries.

Mandatory leave benefits shall not be charged Mandatory leave benefits shall not be charged against the respondent’s leave credits. The against the respondent’s leave credits. The respondent who is exonerated by final judgment respondent who is exonerated by final judgment shall be entitled to the leave credits for the period shall be entitled to the leave credits for the period he had been out of the service. he had been out of the service.

Section 57. Recommendation for an Section 57. Recommendation for an Executive ClemencyExecutive Clemency – – In meritorious In meritorious cases and upon recommendation of the cases and upon recommendation of the Commission, the President may Commission, the President may commute or remove administrative commute or remove administrative penalties or disabilities imposed upon penalties or disabilities imposed upon officers or employees in disciplinary officers or employees in disciplinary cases, subject to such terms and cases, subject to such terms and conditions as he may impose in the conditions as he may impose in the interest of the service.interest of the service.

For this purpose, a petition for a favorable For this purpose, a petition for a favorable recommendation for the grant of executive clemency recommendation for the grant of executive clemency may be filed by a dismissed or disciplined employee may be filed by a dismissed or disciplined employee with the Commission Proper upon submission of the with the Commission Proper upon submission of the following:following:

a. certified true copy of the decision in the a. certified true copy of the decision in the disciplinary case with a favorable disciplinary case with a favorable recommendation by the disciplining authority;recommendation by the disciplining authority;b. certification from reputable members of the b. certification from reputable members of the community where he resides to the effect that community where he resides to the effect that he he has become a useful member thereof;has become a useful member thereof;c. proof of non-pendency of an appeal/petition c. proof of non-pendency of an appeal/petition for for review relative to his disciplinary case review relative to his disciplinary case before before any court/tribunal; andany court/tribunal; andd. proof of payments of Three Hundred d. proof of payments of Three Hundred (P300.00) (P300.00) PesosPesos

THANK YOU!

Administrative remedies

Art & Photos

Transcript of Administrative remedies