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Unformatted text preview: sions are initially appealable to the department heads and then to the CSC. XPNs: Decisions in a disciplinary action which: 1. exonerate the respondent; or 2. impose upon him the penalty of suspension for not more than 30 days or a fine in an amount not exceeding thirty days salary or reprimand are final and unappealable. Note: Only the respondent in the administrative disciplinary case, not the complainant, can appeal to the CSC from an adverse decision. The complainant in an administrative disciplinary case is only a witness, and as such, the latter cannot be considered as an aggrieved party entitled to appeal from an adverse decision. (Mendez v. Civil Service Commission, G. R. No. 95575, Dec. 23, 1991) Q. Is appeal available in administrative disciplinary cases? A: It depends on the penalty imposed: 1. Appeal is available if the penalty is: a. Demotion b. Dismissal, or c. Suspension for more than 30 days or fine equivalent to more than 30 day salary (P.D. 807, Sec.37 par [a]). 2. Appeal is not available if the penalty is: a. Suspension for not more than 30 days b. Fine not more than 30 day salary c. Censure d. Reprimand e. Admonition Note: In the second case, the decision becomes final and executory by express provision of law. Q: Petitioner MJ, an Elementary School Principal, was found guilty to have violated R.A. 3019. His conviction was based merely on technical error and for which he was granted absolute pardon by the President. With this, he applied for reinstatement to his former office, only to be reinstated to the wrong position of a mere classroom teacher. Can he be reinstated to his former office? Explain. A: As a general rule, the question of whether petitioner should be reappointed to his former position is a matter of discretion of the appointing authority, but under the circumstances of this case, if the petitioner had been unfairly deprived of what is rightfully his, the discretion is qualified by the requirements of giving justice to the petitioner. It is no longer a
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