Dismissal from University Philippines

Question on Filing a Motion for Reconsideration After Dismissal from a State University for Grave Misconduct

Question:

The client, a former Human Resources (HR) employee in a state university, was dismissed for grave misconduct without proper due process. The client has already filed an appeal with the Civil Service Commission (CSC). Can the client also file a motion for reconsideration?

Answer:

Applicable Laws and Regulations:

1. Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees): This law governs the conduct of government officials and employees, including those in state universities.
2. Civil Service Commission Rules: The CSC has its own rules and regulations regarding disciplinary actions against civil servants.
3. Labor Code of the Philippines: Contains general provisions about employment termination and due process.

Filing an Appeal vs Motion for Reconsideration:

1. Appeal: An appeal is usually made to a higher authority for a review of the decision. If you've already filed an appeal with the CSC, it means you're asking the CSC to review your case.
2. Motion for Reconsideration: This is a request to the same body (or authority) that issued the unfavorable decision, asking them to reconsider their ruling.

Steps and Options:

1. Understand CSC’s Decision: Once the CSC makes a decision on your appeal, you should thoroughly read and understand it. The decision will usually contain instructions for further legal remedies you can pursue.

2. File a Motion for Reconsideration: If the CSC denies your appeal, you generally have the right to file a motion for reconsideration within a prescribed period, often 15 days from receipt of the decision.

3. Second Motion for Reconsideration: The CSC typically does not allow a second motion for reconsideration unless new evidence or compelling reasons are presented.

4. Court Remedies: If the CSC denies your motion for reconsideration, you may file a petition for review with the Court of Appeals.

Recommendations:

Yes, you generally can file a motion for reconsideration after the CSC makes its decision on your initial appeal. However, it's crucial to comply with the timeline and procedural requirements. Consulting a legal expert specialized in labor law and administrative law would also be beneficial.

Disclaimer:

This article is for informational purposes only and should not be taken as legal advice. Consult a legal professional for advice tailored to your specific situation.