Article 144p. 144

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

(a)

Disobedience

or

resistance

to

a

lawful

writ,

process,

order, decision, resolution, ruling, summons,

subpoena

or

command

of,

or

injunction

of

the

Commission;

(b) Any abuse of or any unlawful interference with the

processes or proceedings of the Commission, or any

improper

conduct,

tending

directly

or

indirectly

to

impede,

obstruct,

delay,

hamper,

or

degrade

the

implementation

of

any

lawful

writ,

process,

order,

decision,

resolution,

ruling

or

command

of

the

Commission not constituting direct contempt;

(c) Deliberate failure to obey a subpoena or subpoena

duces

tecum

duly

served

without

valid justification

therefor.

SECTION 56. If the respondent is adjudged guilty of

indirect contempt committed against the Commission,

he may be punished by a fine of not more than one

thousand

pesos (P1,000.00) for every act of indirect

contempt. Each day of defiance of or disobedience to or

non-enforcement of a final order, resolution, decision,

ruling, injunction or processes, shall constitute indirect

contempt of the Commission. If the contempt consists in

the violation of an injunction or omission to do an act

which is still within the power of the respondent to

perform, the respondent shall, in addition, be made liable

for all damages as a consequence thereof.

SECTION 57. The damages shall be measured by the

extent of the loss or injury sustained by the aggrieved

party by reason of the misconduct, disobedience to,

defiance

of

a

lawful

order,

and/or

such

other

contumacious acts or omissions of which the contempt is

being prosecuted, and the costs of the proceedings,

including payment of interest on damages.

SECTION 58. Damages sustained by the aggrieved

party shall refer to the total amount of his or her salaries

and other money benefits which shall have accrued to

the latter had the final order, decision, resolution, ruling,

injunction

or

processes

of

the

Commission

been

enforced/implemented immediately.

RULE XV Inspection and Audit

SECTION 1. The Commission, through its designated

representatives, shall conduct periodic inspection and

audit of the personnel management programs of each

Department, agency, province, city or municipality in

order to: (a) determine compliance with the Civil Service

Law,

rules

and

standards;

(b)

review

discharge

of

delegated authority; (c) make an adequate evaluation of

the progress made and problems encountered in the

conduct or implementation of the merit system in the

national

and

local

governments

including

government-owned

or

controlled

corporations

with

original charters; (d) give advice and provide assistance in

developing

constructive

policies,

standards

and

procedures; and (e) stimulate improvement in all areas of

personnel management.

SECTION

2.

Periodic

inspection

and

audit

shall

include an agency's appraisal of personnel management

operations and activities relative to:

(a) Formulation and issuance of personnel policy;

(b) Position classification and pay;

(c) Recruitment and selection of employees;

(d) Personnel action and employment status;

(e) Career and employee development;

(f) Performance rating system;

(g) Employee suggestions and incentive award;

(h) Employee relations and services;

(i) Discipline;

(j) Personnel records and reporting; and

(k) Program evaluation.

SECTION 3. Heads of departments, agencies and local

government units shall extend all necessary assistance

and support to the inspection and audit programs of the

Commission.

SECTION 4. At least two weeks' advance notice of the

inspection shall be furnished by the Commission to the

department, agency, or local government unit.

SECTION 5. Before every inspection, the Commission

representatives designated to undertake such shall meet

with

the

head

of

the

department, agency or local

government unit to be inspected, or his designated

representative/s to explain, among others, the objective/s,

scope and methods of the inspection, and to afford an

opportunity for discussion of current problems.

The

head

of

the

department,

agency

or

local

government unit shall designate the official in charge of

personnel matters in the department, agency or local

government

unit

to

be

inspected

to

assist

the

Commission

representatives

in

the

conduct

of

the

inspection.

Upon

request

of

the

Commission

representatives,

the

designated

official

shall

make

available

all

the

documents

and

other

resources

pertinent to the personnel management operations and

activities to be inspected.

SECTION

6.

In

the

course

of

the

inspection,

Commission representatives shall, as far as practicable,

keep the officials and employees of the department,

agency

or

local

government

unit

being

inspected,

informed of their findings and recommendations to

enable

them

to

take

corrective

action,

as

may

be

necessary, at the earliest time possible.

SECTION 7. Commission representatives shall furnish

advice and assistance to the departments, agencies or

local government units both during inspection and in

between

inspections

on

personnel

management

problems, policies and procedures.

SECTION 8. Personnel officers as well as operating

officials and employees shall be afforded opportunities

during inspection and in between inspections to make

suggestions

and

recommendations

to

Commission

representatives towards the improvement of the merit

system and the effective implementation of the Civil

Service Law, rules and standards.

SECTION

9.

Upon

completion

of

the inspection,

Commission representatives shall submit a written report

of inspection made on departments, agencies and field

establishments in the Metro Manila area to the Chairman

and on departments, agencies and field establishments

outside Metro Manila to the respective Regional Directors

of the Commission. The Chairman and the Regional

Directors concerned shall, after approval of the report,

send copies to the heads of the departments, agencies

and field establishments concerned.

In the case of local government units, copies of the

report shall be furnished the provincial governor and/or

city/municipal mayor and such other provincial and/or

city/municipal

heads

as

the

Chairman

or

Regional

Directors may deem necessary.

SECTION

10.

Immediately

upon

receipt

of

the

inspection

report,

the

department,

agency

or

local

government unit shall take whatever necessary corrective

action remains in connection with Section 6 of this Rule

within the period prescribed by the Commission and shall

notify in writing the Commission of its action.

At

the

end

of

such

period,

Commission

representatives

shall

monitor

the

extent

of

implementation by the department, agency or local

government unit of the corrective actions recommended

in connection with the inspection therein conducted.

SECTION

11.

If

the

department,

agency

or local

government

unit

decides

to

file

any

request

for

reconsideration of corrective actions recommended in

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