Practice question
In a 2026 RACCS case, a preventive-suspension order rests on properly stated and proven Section 34 grounds but unlawfully extends twenty days beyond the maximum applicable period. The CSC identifies only that excess; no other defect is found. Under Section 39, what consequence does the rule prescribe?
- Every charge must be dismissed permanently.
- The entire original lawful period becomes invalid automatically.
- No remedy exists for any excess preventive period.
- The respondent must treat the excess as a final penalty.
- Back wages corresponding to the excess period, rather than automatic invalidation of the entire order solely for that excess.
Legal references
- 2025 RACCS, Section 39, preventive-suspension back wages: https://csc.gov.ph/phocadownload/userupload/paio/2025_ORAOHRA_AND_RACCS/2025_RACCS_19_September.pdf
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