FILING OF PLEADINGS
Schedule of Availability of Service:
- Monday – Friday
- 8:00 am – 5:00 pm without noon break
Who May Avail of the Service:
- Any person may file an administrative complaint against any non-presidential appointee in the government.
What are the Requirements:
Filing of Cases - Complaint
- Must be in writing and subscribed and sworn by the complainant;
- Must contain the following
- Full name and address of the complainant
- Full name and address of the person complained of as well as his/her position and office of employment;
- A narration of the relevant and materials facts which shows the acts of omissions allegedly committed by the civil servant;
- Certified true copies of documentary evidence and affidavits of his/her witnesses, if any; and
- Certificate/Statement of Non-Forum Shopping duly notarized by a commissioned Notary Public
Filing of Appeals
Invalidated/Disapproved Appointments: appointing authority or appointee
- Appeal Memorandum, together with the certifed true copy of the decision, resolution or order appealed from, and certified copies of the documents or evidence (3 copies);
- Proof of Service of a copy of the appeal memorandum to the appointing authority;
- Proof of payment of the appeal fee; and
- Statement/Certifcate of Non-Forum Shopping duly notarized by a commissioned Notary Public
Protest: qualified next-in-rank official/employee
- Appeal Memorandum, together with the certified true copy of the decision, resolution or order appealed from, and certified copies of the documents or evidence (i.e. appointment and Personal Data Sheets, and other pertinent documents);
- Proof of service of a copy of the appeal memorandum to the appointing authority;
- Proof of payment of the appeal fee; and
- Statement/Certificate of Non-Forum Shopping duly notarized by a commissioned Notary Public
Recall of Approval/Validation of Appointment: any person or motu propio by the CSC
Reassignment: person reassigned to another unit/division
Dropping from the rolls: party adversely affected by the Order of dropping from the rolls
- Appeal Memorandum (Petition for Recall), together with the certified true copy of the decision, resolution or order appealed from, and certifed copies of the documents or evidence;
- Proof of service of a copy of the appeal memorandum to the appointing authority;
- Proof of payment of the appeal fee; and
- Statement/Certificate of Non-Forum Shopping duly notarized by a commissioned Notary Public.
Duration:
- Filing of Cases/Appeals – 10 minutes
- Filing of Motions for Reconsideration – 5 minutes
How to Avail of the Service:
Filing Cases / Appeals
Step | Applicant/Client | Service Provider | Duration of Activity (under Normal Circumstances) |
Person in | Fees | Form |
---|---|---|---|---|---|---|
1 | File the complaint/appeal along with the requirements at the Legal Services Division for evaluation |
Review the complaint/ appeal and other documents, if any, and require the client to pay the filing fee. | 5 minutes | LSD Action Officer | ||
2 | Pay to the cashier | Process payment and issue Official Receipt (O.R.) | 2 minutes | Cashier | P500.00* | |
3 | Return to the receiving counter and present O.R. |
Receive the complaint/ appeal. | 2 minutes | LSD Action Officer | ||
4 | Receive the receiving copy of the complaint/appeal. | Issue the receiving copy to the client. | 1 minutes | LSD Action Officer | ||
END OF TRANSACTION |
Filing of Motions for Reconsideration
Step | Applicant/Client | Service Provider | Duration of Activity (under Normal Circumstances) |
Person in | Fees | Form |
---|---|---|---|---|---|---|
1 | File the motion for reconsideration at Legal Services Division |
Receive the motion for reconsideration and | 3 minutes | LSD Action Officer | None | |
2 | Issue the receiving copy to the client. | 2 minutes | ||||
END OF TRANSACTION |
*Filing fee for Complaint is temporarily SUSPENDED per OM No. 92, s. 2012