Statute
Administrative Code of 1987
1346 provisions · showing BOOK VII › CHAPTER 4 › RULE XIV (58) · source
Section 1
No officer or employee in the civil service shall be removed or suspended except for cause as provided by law and after due process.
Section 1
These Rules shall take effect thirty (30) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation. Quezon City, April 21, 1989. (Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees, [April 21, 1989])
Section 2
Any person may file an administrative complaint with the Commission or any of its proper office. Said complaint shall be in writing and under oath, otherwise, the same shall not be given due course.
Section 3
No action shall be taken on an anonymous complaint unless there is obvious truth or merit to the allegations set forth in the complaint.
Section 4
The complaint shall be written in clear, simple and concise language and in a systematic manner as to apprise the respondent of the nature of the charge against him and to enable him to prepare his defense.
Section 5
The complaint shall contain: (a) the full name and address of the complainant; (b) the full name and address of the respondent as well as his position and office of employment; (c) specification of charges; and (d) a brief statement of relevant and material facts, accompanied by certified true copies of the documentary evidence, if any, and sworn statements covering the testimony of his witnesses.
Section 6
The withdrawal of the complaint does not necessarily discharge the respondent from any administrative liability. Where there is obvious truth or merit to the charges or complaint, the same should be given due course.
Section 7
In meting out punishment, like penalties shall be imposed for like offenses and only one penalty shall be imposed in each case. "Each case" means one administrative case which may involve one or more charges or counts.
Section 8
The disciplining authority may impose the penalty of removal/dismissal from the service, forced resignation with or without prejudice to benefits, demotion in rank, suspension for not more than one year without pay, fine in an amount not exceeding six months salary, transfer or reprimand.
Section 9
The penalty of dismissal shall carry with it cancellation of eligibility, forfeiture of leave credits and retirement benefits, and the disqualification for reemployment in the government service. Further, it may be imposed without prejudice to criminal or civil liability.
Section 10
The penalty of forced resignation shall carry with it disqualification for employment in the government service for at least one year. However, it may or may not contain conditions relative to the forfeiture of leave credits and retirement benefits, and the disqualification regarding reemployment in a specific class of position.
Section 11
The penalty of transfer shall carry with it disqualification for promotion for a period of six months from the date respondent reports to the new position or station.
Section 12
The penalty of suspension shall carry with it disqualification for promotion corresponding to the period of suspension.
Section 13
The penalty of demotion shall carry with it disqualification for promotion for a period of six months.
Section 14
The penalty of fine shall carry with it disqualification for promotion for a period twice the number of days he was fined.
Section 15
A reprimand whether given by the Civil Service Commission or the head of department or agency shall be considered a penalty. However, a warning or an admonition shall not be considered a penalty.
Section 16
In the determination of penalties to be imposed, mitigating and aggravating circumstances may be considered. Nevertheless, in the appreciation thereof, the same must be invoked or pleaded by the proper party, otherwise, the said circumstances shall not be considered in the determination of the proper penalty to be imposed against the respondent concerned.
Section 17
If the respondent is found guilty of two or more charges or counts, the penalty imposed should be that corresponding to the most serious charge or count and the rest may be considered as aggravating circumstances.
Section 18
The imposition of the penalty shall be made in accordance with the manner herein below detailed, provided the penalty attached to the offense is divisible into minimum, medium, and maximum, to wit: (a) The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances are present; (b) The medium of the penalty shall be imposed where no mitigating and aggravating circumstances are present or when both are present they equally offset each other; (c) The maximum of the penalty shall be imposed where only aggravating and no mitigating circumstances are present; (d) Where aggravating and mitigating circumstances are present, the minimum of the penalty shall be applied where there are more mitigating circumstances present; the medium period if the circumstances equally offset each other; and the maximum where there are more aggravating circumstances.
Section 19
The penalty of transfer, or demotion, or fine may be imposed instead of suspension from one month and one day to one year except in case of fine which shall not exceed six months.
Section 20
The penalty of fine may be imposed instead of suspension from one day to one month.
Section 21
In meritorious cases and upon recommendation of the Commission, the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to such terms and conditions as he may impose in the interest of the service.
Section 22
Administrative offenses with its corresponding penalties are classified into grave, less grave, and light, depending on the gravity of its nature and effects of said acts on the government service. The following are grave offenses with corresponding penalties: (a) Dishonesty 1st Offense — Dismissal (b) Gross neglect of duty 1st Offense — Dismissal (c) Grave misconduct 1st Offense — Dismissal (d) Being notoriously undesirable 1st Offense — Dismissal (e) Conviction of a crime involving moral turpitude 1st Offense — Dismissal (f) Falsification of official document 1st Offense — Dismissal (g) Physical or mental incapacity or disability due to vicious habits 1st Offense — Dismissal (h) Engaging directly or indirectly in partisan political activities by one holding non-political office 1st Offense — Dismissal (i) Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope of expectation of receiving a favor or better treatment than that accorded to other persons or committing acts punishable under the anti-graft laws 1st Offense — Dismissal (j) Contracting loans of money or other property from persons with whom the office of the employee has business relations 1st Offense — Dismissal (k) Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature. 1st Offense — Dismissal (l) Disloyalty to the Republic of the Philippines and to the Filipino People 1st Offense — Dismissal (m) Nepotism 1st Offense — Dismissal (n) Oppression 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (o) Disgraceful and immoral conduct 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (p) Inefficiency and incompetence in the performance of official duties 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (q) Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during regular office hours 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal An officer or employee in the civil service shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least three (3) months in a semester or at least three (3) consecutive months during the year. Any employee shall be considered habitually tardy if he incurs tardiness, regardless of the number of minutes, ten (10) times a month for at least (2) months in a semester or at least two (2) consecutive months during the year. In case of claim of ill-health, heads of department of agencies are encouraged to verify the validity of such claim and, if not satisfied with the reason given, should disapprove the application for sick leave. On the other hand, cases of employees who absent themselves from work before approval of the application should be disapproved outright. In the discretion of the Head of any department, agency, or office, any government physician may be authorized to do a spot check on employees who are supposed to be on sick leave. (r) Refusal to perform official duty 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (s) Gross Insubordination 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (t) Conduct grossly prejudicial to the best interest of the service 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (u) Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest by which a person will gain or lose something. 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (v) Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (w) Engaging in the private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict with his official functions 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (x) Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interests or give undue advantage to anyone or to prejudice the public interest 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal (y) Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the general public 1st Offense — Suspension for six (6) months and one (1) day to one (1) year 2nd Offense — Dismissal The following are less grave offenses with their corresponding penalties: (a) Simple Neglect of Duty 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (b) Simple Misconduct 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (c) Gross Discourtesy in the Course of Official Duties. 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (d) Gross Violation of Existing Civil Service Law and Rules of Serious Nature 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (e) Insubordination 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (f) Habitual Drunkenness 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (g) Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by (1) Law, or (2) international agreements, commitment and obligation, or as a part of the function of his office 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (h) Unfair Discrimination in Rendering Public Service Due to Party Affiliation or Preference 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (i) Failure to File Sworn Statements of Assets, Liabilities, and Networth, and Disclosure of Business Interest and Financial Connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal (j) Failure to resign from his position in the private business enterprise within thirty (30) days from assumption of public office when conflict of interest arises and/or failure to divest himself of his shareholdings or interest in private business enterprise within sixty (60) days from assumption of public office when conflict of interest arises: Provided, however, That where a conflict of interest arises for those who are already in the service, the official or employee must either resign or divest himself of said interest within the periods herein-above; provided, reckoned from the date when the conflict of interest had arisen 1st offense — Suspension for one (1) month and one (1) day to six (6) months 2nd offense — Dismissal The following are light offenses with their corresponding penalties: (a) Discourtesy in the Course of Official Duties 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (b) Improper or unauthorized solicitation of contributions from subordinate employees and by teachers of school officials from school children 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (c) Violation of reasonable office rules and regulations 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (c.1-1) This includes violation of M.C. 14, s. 1991 (DRESS CODE) (d) Gambling Prohibited by Law 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (e) Refusal to Render Overtime Service 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (f) Disgraceful, Immoral or Dishonest Conduct Prior to Entering the Service 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (g) Borrowing Money by Superior Officers from Subordinates 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (h) Lending Money at Usurious Rates of Interest 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (i) Willful Failure to Pay Just Debts 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal The term "just debts" shall apply only to: 1. claims adjudicated by a court of law, or 2. claims the existence and justness of which are admitted by the debtor. (j) Willful failure to pay taxes due to the government 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (k) Pursuit of private business, vocation or profession without the permission required by civil service rules and regulations 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (l) Lobbying for personal interest or gain in legislative halls and offices without authority 1st offense — Reprimand 2nd offense — Suspension for one (1) to Thirty (30) days 3rd offense — Dismissal (m) Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (n) Failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise provided in the rules implementing the code of conduct and ethical standards for public officials and employees. 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (o) Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in the rules implementing the code of conduct and ethical standards for public officials and employees 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal (p) Failure to attend to anyone who wants to avail himself of the services of the office, or act promptly and expeditiously on public transactions 1st offense — Reprimand 2nd offense — Suspension for one (1) to thirty (30) days 3rd offense — Dismissal
Section 24
Preventive Suspension is not a punishment or penalty for misconduct in office but is considered to be a preventive measure.
Section 25
The period within which a public officer or employee charged is placed under preventive suspension shall not be considered part of the actual penalty of suspension imposed upon the employee found guilty.
Section 26
The proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation, if the charge against such officer or employee involves: (a) dishonesty (b) oppression (c) grave misconduct (d) neglect in the performance of duty or (e) if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service
Section 27
When the administrative case against a non-presidential officer or employee under preventive suspension is not finally decided by the disciplining authority within the period of 90 days after the date of his preventive suspension, he shall be automatically reinstated in the service: Provided, That when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of delay should not be included in the counting of the 90 calendar-day period of preventive suspension.
Section 28
The Commission shall have original disciplinary jurisdiction over all its officials and employees and over all cases involving civil service examination anomalies or irregularities.
Section 29
The Commission may assume original jurisdiction on complaints directly filed before it against any other official or employee. For this purpose, it may hear and decide the case or it may deputize any officer of the department or agency to conduct the investigation and to receive the evidence. The results of the investigation together with the evidence adduced and recommendation shall be submitted to the Commission for decision.
Section 30
The Merit Systems Protection Board of this Commission may assume original jurisdiction on complaints against civil service officials and employees, those which are unacted upon by the agencies and on such other complaints requiring direct action in the interest of justice.
Section 31
Except as otherwise provided by the Constitution or by law, the Commission shall have the final authority to pass upon the removal, separation and suspension of all officers and employees in the civil service and upon all matters relating to the conduct, discipline and efficiency of such officers and employees.
Section 32
The Secretaries and heads of agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Their decisions shall be final in case the penalty imposed is suspension for not more than 30 days or fine in an amount not exceeding 30 days' salary, In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department, then to the Merit Systems Protection Board, and finally to the Commission and pending appeal, the same shall be executory except when the penalty is removal, in which case the same shall be executory only after confirmation by the Secretary concerned.
Section 33
An investigation may be entrusted to a regional director or similar officials who shall make the necessary report and recommendation to the chief of bureau or office or department.
Section 34
Administrative proceedings may be commenced against a subordinate officer or employee by the following officials/persons: (a) Secretary of Department; (b) Head of Office of Equivalent Rank; (c) Head of Local Government Unit; (d) Chief of Agency; (e) Regional Director; or (f) Upon Sworn, Written Complaint of Any other Person.
Section 35
In the case of a complaint filed by any other person, the complainant shall submit sworn statements covering his testimony and those of his witnesses together with his documentary evidence. If on the basis of such papers no prima facie case is found to exist, the disciplining authority shall dismiss the case. If a prima facie case exists, the disciplining authority shall notify the respondent in writing of the charges against him. Copies of the complaint, sworn statements and other documents submitted shall be attached to said notification.
Section 36
The respondent must be given by the disciplining authority not less than 72 hours or 3 days to submit his answer to the charges which answer must be in writing and under oath. Supporting sworn statements and documents may also be submitted. If the answer is found satisfactory, the disciplining authority shall dismiss the case. In said answer, the respondent shall indicate whether or not he elects a formal investigation of his case.
Section 37
Although a respondent does not request a formal investigation, one shall nevertheless be conducted by the disciplining authority when from the allegations of the complaint and the answer of the respondent, including the supporting documents of both parties the merits of the case cannot be decided judiciously without conducting such investigation.
Section 38
The investigation shall be held not earlier than five days nor later than ten days from the date of receipt of the respondent's answer. Said investigation shall be finished within 30 days from the filing of the charges, unless the period is extended by the Commission in meritorious cases.
Section 39
The direct evidence for the complainant and the respondent shall consist of the sworn statement and documents submitted in support of the complaint or answer as the case may be, without prejudice to the presentation of additional evidence deemed necessary but was unavailable at the time of the filing of the complaint or answer upon which the cross-examination, by the respondent and the complainant respectively, shall be based. Following cross-examination, there may be re-direct and re-cross examination. Either party may avail himself of the services of counsel and may require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum. The investigation shall be conducted for the purpose of ascertaining the truth without necessarily adhering to technical rules applicable in judicial proceedings. It shall be conducted by the disciplining authority concerned or his authorized representatives.
Section 40
The decision shall be rendered by the disciplining authority within 30 days from the termination of the investigation or submission of the report of the investigation, which report shall be submitted within 15 days from the conclusion of the investigation.
Section 41
An employee who feels aggrieved by the decision of the disciplining authority may file a petition with the agency for a reconsideration thereof.
Section 42
Decisions of heads of departments, agencies and instrumentalities, provinces, cities and municipalities, imposing penalties exceeding thirty days suspension or fine in an amount exceeding 30 days salary, may be appealed to the Merit Systems Protection Board, an intermediate appellate body of the Commission, within fifteen (15) days from receipt of a copy of the decision, and finally to the Commission proper within the same period of fifteen days. A fee of at least One Hundred Pesos (P100.00) shall be paid for an appeal filed with the Merit Systems Protection Board, or with the Commission proper. Decisions of the MSPB in administrative cases where the penalty imposed is short of dismissal and on protest cases and other personnel actions where the position involved is below Division Chief level, are final and unappealable. However, decisions of these nature shall be subject of review by the Commission motu proprio or upon request/petition for review by the aggrieved party. The grant of petition for review, as distinguished from an appeal is discretionary on the part of the Commission.
Section 43
Notice of the appeal shall be filed with the disciplining office, which shall forward the records of the case together with the notice of appeal, to the appellate authority within 15 days from filing of the notice of appeal, with its comment, if any. The notice of appeal shall specifically state the date of the decision appealed from and the date of receipt thereof. Failure to do so may cause the dismissal of the appeal. It shall also specifically set forth clearly the grounds relied upon. Where a notice of appeal is filed within the reglementary period, the appellant shall submit his appeal memorandum together with the certified true copy of the decision, resolution or order appealed from within ten (10) days from the date of said notice is filed. Failure to submit an appeal memorandum with the required copy of decision within the prescribed period, shall be construed as a waiver thereof.
Section 44
The appeal is deemed filed in case the same is sent by registered mail, on the date shown by the postmark on the envelope which postmark shall be attached to the record of the case, and in case of personal delivery, the date of receipt by the MSPB or the Commission,
Section 45
In the computation of the period of time, the first day shall be excluded and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next day which is neither a Saturday, a Sunday or a legal holiday:
Section 46
A motion for reconsideration may be filed by the party adversely affected by the decision of the Merit Systems Protection Board or the Commission as the case may be within fifteen (15) days from receipt of the decision.
Section 47
The motion for reconsideration is deemed filed in case the same is sent by registered mail on the date shown by the postmark on the envelope which postmark shall be attached to the record of the case, and in case of personal delivery, the date of receipt by the MSPB or the Commission.
Section 48
The motion for reconsideration shall be based only on any of the following grounds: (a) New evidence has been discovered which materially affects the decision rendered; (b) The decision is not supported by the evidence on record; or (c) Errors of law or irregularities have been committed which are prejudicial to the interest of the service.
Section 49
Only one motion for reconsideration shall be entertained.
Section 50
The decision of the Commission shall be immediately executory unless a motion for reconsideration is seasonably filed.
Section 51
The Commission may further employ or pursue such other civil, criminal and/or administrative sanctions as provided for under existing laws.
Section 52
If the decision of the Commission is brought to the Supreme Court on certiorari, the same shall still be executory unless a restraining order or preliminary injunction is issued by the High Court.
Section 53
The head of department or agency or any responsible official who willfully and deliberately refuses or fails to implement or execute the final resolution or decision of the Commission to the prejudice of the party affected or the public in general shall be liable for contempt of the Commission. In case the decision directed payment of back salaries, the head of the department shall be made liable in his personal capacity for the payment of said salaries and other money benefits corresponding to the period of delay in the implementation of said decision, order or ruling.
Section 54
A person guilty of committing any of the following acts may be summarily adjudged guilty of direct contempt of the Commission: (a) misbehavior in the presence of or so near the Commission or any of its members as to obstruct or interrupt the proceedings before the same; (b) disrespect towards the Commission or any of its members, like the (1) use of any disrespectful or insulting language, or (2) derogatory remarks in the pleadings, memoranda and/or position papers, or (3) offensive personalities towards others; (c) refusal to be sworn in, or to answer as a witness, or to subscribe an affidavit or deposition when required to do so. If adjudged guilty, the respondent may be publicly reprimanded or censured and/or imposed a fine not exceeding two hundred pesos. Decisions of the Commission declaring any person in direct contempt shall not be appealable.
Section 55
Indirect contempt shall be imposed only after due proceedings. Indirect contempt may be committed through any of the following acts or omissions: (a) Disobedience or resistance to a lawful writ, process, order, decision, resolution, ruling, summons, subpoena or command of, or injunction of the Commission; (b) Any abuse of or any unlawful interference with the processes or proceedings of the Commission, or any improper conduct, tending directly or indirectly to impede, obstruct, delay, hamper, or degrade the implementation of any lawful writ, process, order, decision, resolution, ruling or command of the Commission not constituting direct contempt; (c) Deliberate failure to obey a subpoena or subpoena duces tecum duly served without valid justification therefor.
Section 56
If the respondent is adjudged guilty of indirect contempt committed against the Commission, he may be punished by a fine of not more than one thousand pesos (P1,000.00) for every act of indirect contempt. Each day of defiance of or disobedience to or non-enforcement of a final order, resolution, decision, ruling, injunction or processes, shall constitute indirect contempt of the Commission. If the contempt consists in the violation of an injunction or omission to do an act which is still within the power of the respondent to perform, the respondent shall, in addition, be made liable for all damages as a consequence thereof.
Section 57
The damages shall be measured by the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct, disobedience to, defiance of a lawful order, and/or such other contumacious acts or omissions of which the contempt is being prosecuted, and the costs of the proceedings, including payment of interest on damages.
Section 58
Damages sustained by the aggrieved party shall refer to the total amount of his or her salaries and other money benefits which shall have accrued to the latter had the final order, decision, resolution, ruling, injunction or processes of the Commission been enforced/implemented immediately. RULES XV - XIX