Wednesday, February 22, 2006

Remedies on the decisions of the Constitutional Commissions

Our Constitution provides for three constitutional commissions. The Civil Service Commission, the Commission on Election and the Commission on Audit. Appeals from the decisions of CSC is governed by Rule 43 while the remedy from the decisions of COA and COMELEC are governed by Rule 64.

Civil Service Commission

Governing Rules of Procedure: Resolution No. 991936 known as the “Uniform Rules on Administrative Cases in the Civil Service Commission. It took effect on September 27, 1999.

Where To Appeal

To the Court of Appeals
- Decisions of CSC Proper.
- Ground – questions of facts, of law, or mixed questions of fact and law.
- Mode – Petition for Review under Rule 43 of 1997 Revised Rules of Court.
- Period – within 15 days from the receipt of decision.
- Procedures:
a) File a verified petition for review in 7 legible copies, with proof of service;
b) Pay docketing and other lawful fees and deposit the sum of P500 for costs;

To the Civil Service Commission Proper:
A.
- Decisions of CSC Regional Office
- Ground – lack of a prima facie case
- Mode – Petition for Review
- Period – within 15 days from the receipt of decision

B.
- i. Decisions of head of heads of heads of departments, agencies, provinces, cities, municipalities and other instrumentalities imposing a penalty exceeding thirty days suspension or fine in an amount exceeding thirty days salary.

- ii. Orders of Preventive Suspension
- Ground – questions of fact, of law or mixed question of facts and law.
- Mode – Notice of Appeal
- Period – within 15 days from the receipt of decision
- Procedure:
a) A notice of appeal including the appeal memorandum shall be filed with the appellate authority, copy furnished to the disciplining authority.
b) The disciplining authority shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss, with its comment, within fifteen days, to the appellate authority.
c) The appellant shall pay P300 appeal fee and a copy of the receipt shall be attached to the appeal.

To the Civil Service Regional Offices
- i. Disapproval of appointments of Civil Service Field Offices.
- ii. Protests against the appointments of first and second level employees


Commission on Audit

Governing Rules of Procedure: Revised Rules of Procedure of the Commission on Audit. This took effect on May 8, 1997.

Where To Appeal/Remedy

To the Supreme Court
- Decisions of COA.
- Ground – the COA has acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack or excess jurisdiction.
- Mode – an independent civil action (petition for certiorari) under Rule 65.
- Period – within 30 days from the receipt of decision.
- Procedures:
a) File a verified petition for certiorari in 18 legible copies, with proof of service;
b) Pay docketing and other lawful fees and deposit the sum of P500 for costs;


2. To the Commission Proper:

- Decisions of Auditors embodied in a report, memorandum, letter, notice of disallowance and charges and Certificate of Settlement and Balance.
- Ground – questions of law, facts or mixed.
- Mode – Petition for Review
- Period – within the time remaining of the six month period.
- Procedure:
a) File the petition in seven legible copies

3. To the COA Director:

- Decisions of Auditors embodied in a report, memorandum, letter, notice of disallowance and charges and Certificate of Settlement and Balance.
- Ground – question of law, facts or mixed.
- Mode – Ordinary Appeal
- Period – within 6 months from the receipt of decision


Commission on Election

Governing Rules of Procedure: COMELEC Rules of Procedure.

Where To Appeal/Remedy

To the Supreme Court
Decisions of COMELEC.
Ground – the COMELEC has acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack or excess jurisdiction.
Mode – an independent civil action (petition for certiorari) under Rule 65.
Period – within 30 days from the receipt of decision.
Procedures:
i. File a verified petition for certiorari in 18 legible copies, with proof of service
ii. Pay docketing and other lawful fees and deposit the sum of P500 for costs;

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