Article 143p. 143

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

presentation of additional evidence deemed necessary

but was unavailable at the time of the filing of the

complaint or answer upon which the cross-examination,

by the respondent and the complainant respectively,

shall be based. Following cross-examination, there may

be re-direct and re-cross examination.

Either party may avail himself of the services of

counsel and may require the attendance of witnesses and

the production of documentary evidence in his favor

through

the

compulsory

process

of

subpoena

or

subpoena duces tecum.

The investigation shall be conducted for the purpose

of ascertaining the truth without necessarily adhering to

technical rules applicable in judicial proceedings. It shall

be conducted by the disciplining authority concerned or

his authorized representatives.

SECTION 40. The decision shall be rendered by the

disciplining

authority

within

30

days

from

the

termination of the investigation or submission of the

report

of

the

investigation,

which

report

shall

be

submitted within 15 days from the conclusion of the

investigation.

SECTION 41. An employee who feels aggrieved by the

decision of the disciplining authority may file a petition

with the agency for a reconsideration thereof.

SECTION 42. Decisions of heads of departments,

agencies

and

instrumentalities,

provinces,

cities and

municipalities, imposing penalties exceeding thirty days

suspension or fine in an amount exceeding 30 days

salary, may be appealed to the Merit Systems Protection

Board,

an

intermediate

appellate

body

of

the

Commission, within fifteen (15) days from receipt of a

copy of the decision, and finally to the Commission

proper within the same period of fifteen days.

A fee of at least One Hundred Pesos (P100.00) shall be

paid for an appeal filed with the Merit Systems Protection

Board, or with the Commission proper.

Decisions of the MSPB in administrative cases where

the penalty imposed is short of dismissal and on protest

cases and other personnel actions where the position

involved

is below Division Chief level, are final and

unappealable. However, decisions of these nature shall be

subject of review by the Commission motu proprio or

upon request/petition for review by the aggrieved party.

The grant of petition for review, as distinguished from an

appeal is discretionary on the part of the Commission.

SECTION 43. Notice of the appeal shall be filed with

the disciplining office, which shall forward the records of

the case together with the notice of appeal, to the

appellate authority within 15 days from filing of the notice

of appeal, with its comment, if any.

The notice of appeal shall specifically state the date of

the decision appealed from and the date of receipt

thereof. Failure to do so may cause the dismissal of the

appeal. It shall also specifically set forth clearly the

grounds relied upon.

Where

a

notice

of

appeal

is

filed

within

the

reglementary

period,

the

appellant

shall submit his

appeal memorandum together with the certified true

copy of the decision, resolution or order appealed from

within ten (10) days from the date of said notice is filed.

Failure to submit an appeal memorandum with the

required copy of decision within the prescribed period,

shall be construed as a waiver thereof.

SECTION 44. The appeal is deemed filed in case the

same is sent by registered mail, on the date shown by the

postmark on the envelope which postmark shall be

attached to the record of the case, and in case of personal

delivery,

the

date

of

receipt

by

the

MSPB

or

the

Commission,

SECTION 45. In the computation of the period of time,

the first day shall be excluded and the last day included

unless it be a Saturday, a Sunday or a legal holiday, in

which case the period shall run until the end of the next

day which is neither a Saturday, a Sunday or a legal

holiday:

SECTION 46. A motion for reconsideration may be

filed by the party adversely affected by the decision of the

Merit Systems Protection Board or the Commission as the

case may be within fifteen (15) days from receipt of the

decision.

SECTION

47.

The

motion

for

reconsideration

is

deemed filed in case the same is sent by registered mail

on the date shown by the postmark on the envelope

which postmark shall be attached to the record of the

case, and in case of personal delivery, the date of receipt

by the MSPB or the Commission.

SECTION 48. The motion for reconsideration shall be

based only on any of the following grounds:

(a)

New

evidence

has

been

discovered

which

materially affects the decision rendered;

(b) The decision is not supported by the evidence on

record; or

(c) Errors of law or irregularities have been committed

which are prejudicial to the interest of the service.

SECTION 49. Only one motion for reconsideration

shall be entertained.

SECTION 50. The decision of the Commission shall be

immediately

executory

unless

a

motion

for

reconsideration is seasonably filed.

SECTION 51. The Commission may further employ or

pursue such other civil, criminal and/or administrative

sanctions as provided for under existing laws.

SECTION 52. If the decision of the Commission is

brought to the Supreme Court on certiorari , the same

shall still be executory unless a restraining order or

preliminary injunction is issued by the High Court.

SECTION 53. The head of department or agency or

any responsible official who willfully and deliberately

refuses

or

fails

to

implement

or

execute

the

final

resolution or decision of the Commission to the prejudice

of the party affected or the public in general shall be

liable for contempt of the Commission.

In

case

the

decision

directed

payment of back

salaries, the head of the department shall be made liable

in his personal capacity for the payment of said salaries

and other money benefits corresponding to the period of

delay in the implementation of said decision, order or

ruling.

SECTION 54. A person guilty of committing any of the

following acts may be summarily adjudged guilty of

direct contempt of the Commission:

(a) misbehavior in the presence of or so near the

Commission or any of its members as to obstruct or

interrupt the proceedings before the same;

(b) disrespect towards the Commission or any of its

members, like the (1) use of any disrespectful or insulting

language, or (2) derogatory remarks in the pleadings,

memoranda

and/or

position

papers,

or

(3)

offensive

personalities towards others;

(c) refusal to be sworn in, or to answer as a witness, or

to subscribe an affidavit or deposition when required to

do so.

If adjudged guilty, the respondent may be publicly

reprimanded or censured and/or imposed a fine not

exceeding two hundred pesos.

Decisions of the Commission declaring any person in

direct contempt shall not be appealable.

SECTION 55. Indirect contempt shall be imposed only

after

due

proceedings.

Indirect

contempt

may

be

committed

through

any

of

the

following

acts

or

omissions:

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