2. It was discussed in the meeting that recent laws had been enacted concerning administrative cases so the CSC decided that the Rules on Administrative Cases in the Civil Service (RACCS) needs to be updated and revised, and they did so, and stated that these rules shall apply to all disciplinary and non-disciplinary administrative cases brought before them. What is this updated

and revised RACCS?

3. The terms used in the Resolution were also discussed for clarification. Mam Donna is the employee designated and authorized in a particular case to preside over hearings, hear evidence, and make recommendations based on the evidence presented. What is she among the following?

4. Sir Dado is a person duly authorized by law to issue appointments and carry out other human resource actions in the civil service. What is he among the following?

5. Who is the person or officer of a government agency who, by the nature of the duties and responsibilities of the office held or participation in the collection/receipt and expenditure/use of government funds, is required by law or regulation to render accounts thereof?

6. Who is the person or body within an agency or department duly authorized by law to investigate infractions, impose disciplinary actions, and enforce civil service laws, rules, and regulations?

7. Which refers to programs and initiatives designed to develop and enhance the competencies of civil servants in their respective roles, that include appropriate learning activities?

8. Which terms refers to the act or manner of conducting a proceeding where only one party is present, without representation from, or the participation of, other parties?

9. What is the term used in court that refers to the act of the disciplining authority or an appellate body of relieving a person from a charge or liability, and may imply clearance not only from the immediate charge or accusation, but also from suspicion or attendant denigration?

10. This term refers to any individual, whether or not officially involved in the operation of a government office or agency, who has access to people working therein and facilitates, whether or not in collusion with the latter, the speedy completion of transactions for pecuniary gain or any other advantage or consideration.

11. What is the legal term used that refers to the filing of two or more administrative actions or complaints, either simultaneously or successively, before agencies or tribunals having concurrent jurisdiction over a case against the same party involving essentially the same circumstances, raising

substantially the same issues?

12. Which among the following statements is/are CORRECT?

  i. Moral Depravity refers to the inherent immorality or innate   repulsiveness of an act so as to reflect the respondent’s total lack   of morals and values

  ii. Moral Reformation refers to the positive manifestation of the   petitioner showing repentance of previous transgressions and the   rectification of moral aptitude by the showing of a clear   understanding of the gravity and consequences of past conduct

13. Who is the person who is the subject of a complaint but who is NOT YET issued a notice of charge or formal charge by the disciplining authority or its authorized representative?

14. This term refers to the prosecution or the respondent in an administrative case against whom a decision or judgement is sought AFTER issuance of the notice of charge while the procedures are ongoing.

15. Who is the individual against whom a decision or action is issued?

16. Which term refers to a case where the evidence is sufficient to establish a given fact, or the group or chain of facts constituting the party’s claim or defense and which if not rebutted or contradicted, will remain sufficient?

17. The SDSs clarified the meaning of probationary employee in their discussions because some of them are unclear about it. What is the exact real meaning of probationary employee?

18. This refers to the person who is issued a notice of charge or formal charge by the disciplining authority or its authorized representative. He/She is also called the opposing party.

19. What refers to a written document requiring a person to explain or justify before the disciplining authority or its duly authorized representative within a given period why no disciplinary action shall be taken against him or her?

20. This refers to persuasion carried to the point of overpowering the will, or such control over the individual in question and prevents the subject from acting intelligently, with understanding, and voluntarily, and in effect destroys the will, and constrains the

individual from doing what would have to be done if such control have not been exercised.

21. The CSC shall hear and decide administrative cases or matters instituted by or brought before it, directly or on appeal, and review decisions and actions of its offices and the agencies attached to it. However, the CSC may also refer an administrative case or matter to any agency as may deem necessary. Is the last statement CORRECT?

22. Which among the following original disciplinary cases is NOT to be forwarded to the CSC Central Office (CO)?

23. Which among the following are ECXLUDED from the jurisdiction of the CSC CO in disciplinary cases?

  i.   complaints involving acts of sexual   harassment

  ii.  cases which may be acted upon through the   grievance machinery

  iii. complaints against presidential appointees

  iv. all other cases which fall under the   jurisdiction of other bodies or regular civil or   criminal courts

24. Which among the following are the appellate disciplinary cases that may be brought before the CSC CO?

  i.   decisions of CSC ROs brought before it on Petition for Review

  ii.  decisions of disciplining authorities imposing penalties exceeding   thirty (30) days of suspension or imposing a fine in an amount   exceeding thirty (30) days salary

  iii. decisions of disciplining authorities imposing penalties not   exceeding thirty (30) days of suspension or imposing a fine in an

  amount exceeding thirty (30) days salary if the issue of violation

  of due process is set forth in the appeal

  iv. Appeals or Petitions for Review from orders of preventive   suspension

  v.  decisions of heads of agencies on Sexual Harassment cases

25. Which among the following non-disciplinary cases is NOT a concern of CSC CO?

26. Which among the following are appellate non-disciplinary cases covered by the CSC CO?

  i.   decisions of department secretaries, or agency heads of equivalent

  rank on human resource actions involving officials or employees

  ii.  decisions of CSC ROs on non-disciplinary cases

  iii. appeals from reassignment of public health workers and public

  social workers

  iv. appeals from decisions of the Career Executive Service Board or

  any other agencies that may be subsequently attached to the CSC

  v.  Such other analogous actions or petitions arising out of or in   relation with the foregoing enumeration

27. Which among the following is NOT part of the disciplinary cases that may be handled by CSC ROs?

28. Which among the following is NOT part of the non-disciplinary

cases that may be handled by CSC ROs?

29. Which among the following are parts of the appellate non-disciplinary cases that may be handled by CSC ROs?

   i.   decisions of the CSC FOs on Disapproval/Invalidation of   Appointments brought before them on appeal

  ii.  decisions of appointing authorities within their geographical   boundaries relative to protests and other human resource actions   as well as non-disciplinary actions brought before them on   appeal

  iii. such other analogous actions or petitions arising out of or in   relation with the foregoing enumeration

  iv. complaints against verbal/written reprimands

30. The disciplining authorities of agencies shall have original concurrent jurisdiction with the CSC CO and CSC ROs over their respective employees. Which among the following decisions made by the disciplining authorities of agencies is NON-APPEALABLE to the CSC?

31. Which among the following appealable decisions is executory ONLY after confirmation or affirmation of the decision by the department secretary?

32. In the series of hearings in the complaint of a female teacher in the preliminary investigation against a malicious school head, the teacher suddenly decided to drop her complaint because of whatever reasons she have. Which among the following may happen next?

  i. the principal is automatically exonerated from the complaint

  ii. the case will continue if a witness does not agree with

  dropping the complaint

  iii. The case will continue if the disciplining authority decides   there is prima facie evidence

  iv. The case will be dropped if the disciplining authority   decides there is no prima facie evidence

33. The complaint against a person shall be in writing, written in a clear, simple, and concise language and in a systematic manner as to apprise the person complained of, of the nature and cause of the accusation and to enable the person complained of to intelligently prepare a defense or answer/comment. What if there is more than one person complained of?

  i.  the complainant must specify the actions/omissions committed   by each, unless they are deemed to have acted in conspiracy

  ii. the complainant must submit additional copies corresponding   to the number of persons complained of

  iii. The complainant must submit one copy only

34. A complaint has requisites that need to be complied with, non-compliance of which will result in dismissal of the complaint, without prejudice to its refiling upon compliance with the same. What are the requisites of a valid complaint?

  i.   full name and address of the complainant

  ii.  birth certificate of complainant

  iii. full name and address of the person complained of as well as his/her   position in office

  iv.  a chronological narrative of the relevant and material facts which shows   the acts or omissions allegedly committed

  v.   certification from a private lawyer of the veracity of the complaint

  vi.  clearly legible duplicated original or certified true copies of

  documentary evidence and affidavits of the complainants witnesses, if any

  vii.  certification or statement of non-forum shopping

35. Shall a complaint filed in violation of the prohibition against

forum shopping be automatically dismissed?

36. It is clearly stated in the resolution that no anonymous complaint shall be entertained. However, there is/are exemption(s). Which among the following is/are the exemption(s) as regards anonymous complaints?

  i.  the alleged act/s or omission/s is/are of public knowledge

  ii. the alleged act/s or omission/s is/are verifiable

  iii. the alleged act/s or omission/s is/are shown by documentary   or direct evidence sufficient to establish reasonable ground to

  believe that the person complained of committed the offense

  iv. the alleged act/s or omission/s is/are reported anonymously and

  investigated by an agency and is referred to the CSC. For this, the

  agency which made the referral shall be considered as a nominal

  complainant

37. Where may an administrative complaint be filed anytime?

  i.   CSC CO

  ii.  Concerned CSC ROs

  iii. Concerned agency or department

38. In the series of hearings in the complaint of Mam Melanie in the preliminary investigation against her malicious school head, Mam Melanie suddenly decided to drop her complaint because of whatever reasons she have. Which among the following may happen next?

  i. the principal is automatically exonerated from the complaint

  ii. the case will continue if a witness does not agree with

  dropping the complaint

  iii. the case will continue if the disciplining authority decides  

  there is prima facie evidence

  iv. the case will be dropped if the disciplining authority decides   there is no prima facie evidence

39. Upon receipt of a complaint which is sufficient in form and

substance , who shall create an investigating committee that

shall conduct a preliminary investigation to determine the

existence of a prima facie case?

40. Complaints in sexual harassment cases should not be

brought before CSC CO and ROs, except in specific situations.

It should be filed with the agency or department where the

person complained of is employed. To what committee in the

agency or department concerned shall the complaint be

forwarded to?

41. A CODI shall be created in all agencies and departments to act

as the main body in the investigation and resolution of cases

involving sexual harassment. What happens when an agency head

fails to create a CODI?

42. The composition of the CODI was specifically discussed

in the resolution because of its unorthodoxy. What is the

assigned  composition of the CODI?

43. The specific composition of the CODI in an education or training institution was also enumerated. Who among the following are parts of the required CODI composition in an educational or training institution?

  i. 1 representative from the administration

  ii. 1 representative from the teaching staff

  iii. 1 representative from the non-teaching staff

  iv. 1 representative from the students or trainees

  v. 1 representative from the parents

  vi. 1 representative from the LGU

44. When a member of the CODI is either the complainant or

the person complained of, which among the following is NOT

allowed?

45. How long is the term of office of all CODI members?

46. In sexual harassment cases, which among the following are the functions of the CODI?

  i.   receive complaints of sexual harassment

  ii.  investigate sexual harassment cases

  iii. ensure the protection of the complainant from retaliation, guarantee   confidentiality, and ensure that the respondent is properly notified about   everything regarding the case

  iv. lead in the conduct of discussions about sexual harassment within the   agency or institution to increase understanding and prevent incidents of sexual   harassment

  v.  submit a report of its findings to the disciplining authority within ten (10) days   from the termination of the conduct of the investigation

  vi. inform the disciplining authority of what the decision should be

  vii. forward a report of its findings to the CSC

47. The CSC normally is not the one to handle sexual harassment cases. However, the CSC may take cognizance of the case under which of the following circumstances?

  i.   the agency has no CODI

  ii.  the complainant is a member of the CODI

  iii. the disciplining authority is the subject of the complaint

  iv. the subject of the complaint is a CODI member

  v.  there is unreasonable delay in complying with the periods for the   investigation and adjudication of a sexual harassment complaint

  vi. the agency CODI inhibits from the case

48. Who among the following listed below is NOT allowed to

initiate sexual harassment cases?

49. Which among the statement(s) below is/are CORRECT as regards action on the complaint by the CODI?

  i. upon receipt of a complaint which is sufficient in form and   substance, the CODI shall conduct a preliminary investigation   and determine the existence of a prima facie case

  ii. After the conduct of the preliminary investigation, the CODI   shall conduct the formal investigation

50. Within how many days after the receipt of the complaint is

the person complained of, have to submit a counter-affidavit

or comment as regards the complaint?

51. How are preliminary investigations conducted?

  i. requiring the person complained of to submit a counter-

  affidavit or comment within five (5) days from receipt of

  the complaint which is sufficient in form and substance

  ii. clarificatory meeting with the parties to discuss the

  merits of the case

  iii. ex-parte evaluation of the records

52. When the administrative disciplinary process is initiated by

the disciplining authority or its authorized representative, what

document/order shall be issued?

53. Sir Edmon received a notice of complaint against him, but

fails or refuses to answer  the complaint within the grace

period of five (5) days upon receipt. How should this be

handled by the disciplining authority?

54. The right to counsel may exercised by the person being

complained of. When can the right to counsel be availed of by

the person being complained of?

55. Under normal circumstances, a preliminary investigation

shall commence within a period of days upon receipt by the

disciplining authority of the complaint which is sufficient in

form and substance, and shall be terminated within days

thereafter. How many days upon receipt of the complaint shall

the preliminary investigation be commenced and terminated

how many days thereafter?

56. After the termination of the preliminary investigation, the

investigating officer or body shall submit the Investigation Report with the recommendation and complete records of the case to the disciplining authority for its consideration. The Investigation Report shall be confidential and in no case shall a copy thereof be given to any other person/party.  Within how many days from the termination of the preliminary investigation shall the Investigation Report be submitted?

57. After the preliminary investigation was terminated and the Investigation Report submitted to the disciplining authority, what happens next?

  i. the disciplining authority shall forward the Investigation Report   to the CSC

  ii. the disciplining authority shall issue a formal charge or a notice   of charge if there is prima facie evidence

  iii. the complaint shall be dismissed by the disciplining authority if   there is no prima facie evidence

  iv. the complaint shall be dismissed by the disciplining authority if   there is no prima facie evidence, but after giving a written/verbal

  reprimand to the person being complained

58. After the preliminary investigation and the disciplining

authority decides there is prima facie case, the disciplining

authority will issue a formal or notice of charge to the person

being complained of, who is now considered as a respondent.

How many days from the receipt of the formal charge does the

respondent have to answer the charge in writing, under oath?

59. Sir Edmon, upon receipt of the formal charge, goes to the

the disciplining authority, with a request letter, stating that he

will file a motion for clarification and bills of particulars. Will his

request be granted?

60. Sir Edmon submitted his written answer to the formal charge within the time frame for such. Which among the two statements is/are CORRECT regarding the next action of the disciplining authority?

  i. when the disciplining authority determines that the

  answer is satisfactory, the case shall be dismissed

  ii. when the disciplining authority determines that the

  answer is unsatisfactory, the investigation shall proceed

61. What are the situations when the formal charge shall be

decided based on available records without any formal

investigation?

62. Immediately upon the issuance of Formal Charge to Sir

Edmon, upon motion of the complainant, the disciplining

authority may issue an order to Sir Edmon, pending an

investigation. What is this order?

63. A preventive suspension order may be issued by the

proper disciplining authority or its authorized representative,

upon motion, or motu propio. However, in sexual harassment

cases, the disciplining authority may delegate its power for

the issuance of preventive suspension order. Who may be

delegated for such?

64. Which among the following charges merit a preventive suspension  order?

  i.   Serious dishonesty

  ii.  Oppression

  iii. Grave misconduct

  iv. Gross neglect in the performance of duty

  v.  Other offenses punishable by dismissal from the service

  vi. An administrative offense committed on its second or third   instance and the penalty is dismissal from service

  vii. The respondent is in a position to exert undue influence or   pressure on the witnesses and/or tamper with evidence

65. The reason for Sir Edmon’s preventive suspension is well

and just. However, Sir Edmon pleaded to the disciplining

authority to just reassign him to other units of the agency

during the formal hearings. Is this legally permissible?

66. However, Sir Edmon’s request for transfer in lieu of the preventive suspension was denied by the disciplining authority and preventive suspension was the final decision. How long does the preventive  suspension cover?

67. Thus, Sir Edmon served his preventive suspension for

ninety (90) days. Which among the following statements is/are

TRUE in connection with his preventive suspension?

  i.   he is not entitled to compensation

  ii.  he is entitled to compensation

  iii. he is not entitled to other benefits

  iv. he is entitled to other benefits

68. Mam Edenia, Division Chief in a certain RO, was issued a

preventive suspension/reassignment by her disciplining

authority, being a  respondent in a formal charge against her.

What is the possible remedy she can take for the preventive

suspension/reassignment?

69. Mam Edenia filed an appeal to the CSC CO regarding the

preventive suspension issued by her disciplining authority and

the Commission declared that the preventive suspension is

invalid. What will happen because of this?

70. What are the instances when the preventive suspension is

considered invalid?

  i.   the order was issued by one who is not authorized by law

  ii.  the order was issued without a formal charge or notice of

  charge, or with a defective formal charge or notice of charge

  iii. the punishment for the offense at hand is dismissal

  iv. the respondent is in a position to exert undue influence or

  pressure on the witnesses and/or tamper with evidence

71. Assuming that Mam Edenia served preventive suspension

in its entirety and reinstated, but was eventually declared

innocent of the charge(s) against her, is she entitled to

payment of back wages corresponding to the period of

preventive suspension?

72. Sir Manuel was complained of and after the preliminary investigation, the

disciplining authority decided that a prima facie case exists, so Sir Manuel was

issued a formal charge/notice of charge. When shall the formal investigation

commence?

73. Sir Manuel was informed that the formal investigation shall

be concluded within a number  of days from the issuance of the

formal charge/notice of charge, unless extended by the

disciplining authority. How long is allotted for the formal

investigation?

74. At the commencement of the formal investigation, Sir Manuel and the

complainant will both be given notice for a mandatory pre-hearing conference

where both parties appear to consider and agree on which of the following?

  i.   stipulation of facts

  ii.  simplification of issues

  iii. identification and marking of evidences

  iv. limitation of the number and identification of witnesses

  v.  dates of subsequent hearings and evidence to be presented

  vi. other matters that may aid in the prompt and just resolution of the

  case

75. Should Sir Manuel or his complainant fail to attend the pre-hearing

conference, what are the possible things that may happen as regards

the case?

  i. the hearing officer may motu propio cause the submission

  of the case for decision based on available records

  ii. the present party may, upon motion, cause the submission

  of the case for decision based on available records

  iii. the present party may be allowed to present evidence

  ex parte

  iv. the absent party shall be deemed to have waived the right

  to present evidence

76. Hearings shall be conducted on the dates set by the hearing

officer or as agreed upon during the pre-hearing conference within

the allowed period for the conduct of formal investigation. Which

among the following statements regarding hearing postponements

is TRUE?

77. Which among the following statements regarding lawyers

handling administrative cases is WRONG?

78. The hearing officer may issue a subpoena to compel the

attendance of witnesses to testify at the hearing. Which

subpoena is this?

79. After the conclusion of the formal investigation, the hearing

officer shall submit to the disciplining authority a report

containing the findings and evidences supporting the findings

and the recommendations, together with the complete records

of the case. Within how many days after the conclusion of the

formal investigation does the hearing officer have to

accomplish this?

80. Within how many days from the receipt of the Formal

Investigation Report from the hearing officer, does the

disciplining authority have to render the decision regarding

the case?

81. Which among the following is/are TRUE regarding decisions

which impose a penalty of reprimand, or suspension for not more

than thirty (30) days or a fine in an amount not exceeding thirty (30)

days salary?

  i.   appealable

  ii.  not appealable (unless the issue is violation of due process)

  iii. eligible for a motion for reconsideration

  iv. not eligible for a motion for reconsideration

82. Which among the following is/are TRUE regarding decisions

which impose a penalty of suspension exceeding thirty (30) days or

a fine in an amount exceeding thirty (30) days salary?

  i.   appealable

  ii.  not appealable (unless the issue is violation of due process)

  iii. eligible for a motion for reconsideration

  iv. not eligible for a motion for reconsideration

83. Which among the following does NOT belong in the

classification of offenses?

84. Which among the following is/are the punishments for grave

offenses?

  i.  dismissal

  ii. suspension of six (6) months and one (1) day to one (1)

  year for the first offense and dismissal for the second offense

  iii. suspension of one (1) month and one (1) day to six (6)

  months for first offense and dismissal for second offense

  iv. reprimand for first offense, suspension of one (1) to thirty

  (30) days for second offense, and dismissal for third offense

85. Which among the following is/are the punishments for  less

grave offenses?

  i.  dismissal

  ii. suspension of six (6) months and one (1) day to one (1)

  year for the first offense and dismissal for the second offense

  iii. suspension of one (1) month and one (1) day to six (6)

  months for first offense and dismissal for second offense

  iv. reprimand for first offense, suspension of one (1) to thirty

  (30) days for second offense, and dismissal for third offense

86. Which among the following is/are the punishments for  light

offenses?

  i.  dismissal

  ii. suspension of six (6) months and one (1) day to one (1)

  year for the first offense and dismissal for the second offense

  iii. suspension of one (1) month and one (1) day to six (6)

  months for first offense and dismissal for second offense

  iv. reprimand for first offense, suspension of one (1) to thirty

  (30) days for second offense, and dismissal for third offense

87. Which among the following is/are the punishments for  grave

offenses regarding sexual harassment in the workplace?

88. Which among the following is/are the punishments for  less

grave offenses regarding sexual harassment in the workplace?

89. Which among the following is/are the punishments for  light

offenses regarding sexual harassment in the workplace?

90. Which among the following is/are the punishments for  grave

offenses regarding sexual harassment in streets and public spaces?

91. Which among the following is/are the punishments for  less grave

offenses regarding sexual harassment in streets and public spaces?

92. Which among the following is/are the punishments for  light

offenses regarding sexual harassment in streets and public spaces?

93. Which among the following is/are the punishments for  grave

offenses regarding online sexual harassment?

94. Which among the following is/are the punishments for  less grave

offenses regarding online sexual harassment?

95. Which among the following is/are the punishments for  light

offenses regarding online sexual harassment?

96. There are certain situations and instances in sexual harassment cases when the penalty next higher in degree will be applied. Which among the following are these instances?

  i. the offender is a government employee rendering frontline services to the   public

  ii. the offended is a minor, a senior citizen, a PWD, or a breastfeeding   mother   nursing her child

  iii. the offended is diagnosed with a mental problem tending to impair consent

  iv. the offender is a member of the uniformed personnel and the act  was   perpetrated while the perpetrator was in uniform

  v. the act takes place in the premises of a government agency offering frontline   services to the public and the perpetrator is a government employee

97. The penalty of suspension may be replaced with payment

of fine under certain circumstances. Who has the power to

allow payment of fine in place of suspension?

98. Sir Bentong was formally charged and after the investigation,

the penalty was suspension. He requested and was granted that

the suspension be converted to fine. However, after two payments

for the fine, he was no longer able to pay the next payment. What

will happen because of the failure to pay the fine?

99. Fine may be paid in equal monthly installments. What is

the ratio of fine equivalent to x months salary to the number

of months y to pay (x:y)?

100. Dismissal aside, for the imposition of the proper penalty for a charge, both parties must/may invoke, plead, or prove mitigating and aggravating circumstances related to the case. Which among the following statements regarding the imposition of the penalty is WRONG?

101. Regarding the medium period for divisible penalties, which among the following statement(s) is/are CORRECT?

  i. suspension ranging from one (1) month and one (1) day to six   (6) months shall have three (3) months as its medium penalty

  ii. suspension ranging from six (6) months and one (1) day to

  one (1) year shall have nine (9) months as its medium penalty

102. Which among the following penalties DOES NOT carry

disqualification from promotion with it?

103. Which among the following complaints is not and cannot

be subject to mediation and settlement?

104. An RD of DepEd was very happy because the dispute

between a school head and a teacher was settled with an

agreement. However, one month after, the teacher complained

that the school head did not comply with the settlement

agreement. What will happen because of the non-compliance?