ADMINISTRATIVE PROCEDURE

COMPLAINT Who may initiate?

disciplining authority motu propio orAny other person

GENERAL RULE : No complaint against a civil service official or employee shall be given due course UNLESS the same is in WRITING, SUBSCRIBED AND SWORN TO BY THE COMPLAINANT.

ECXEPTION: When initiated by the disciplining authority or his/ her authorized representative.

Anonymous complaint SHALL NOT be entertained UNLESS there is:1. obvious truth or merit to the allegations therein; or 2. supported by documentary or direct evidence

in which case the person complained of may be required to comment.

When and Where to file a complaint?

Except when otherwise provided by law, it may be filed ANYTIME with:1. The COMMISSION or any of its Regional Offices; 2. Heads of departments, agencies, provinces, cities, municipalities and other instrumentalities.

Action on the Complaint

Upon receipt of a complaint, the disciplining authority SHALL REQUIRE the person complained of to submit a Counter-Affidavit/ Comment under oath within three (3) days from receipt of the order requiring him/ her/ their comment/s.

PRELIMINARY INVESTIGATION

It is a proceeding undertaken to determine whether a prima facie exist to warrant the issuance of a formal charge. It involves:

1. fact-finding investigation of records submitted by the person/s complained; and

2. examination of documents readily available from other government offices .

Preliminary Investigation: How ConductedWithin 5 days from the receipt of the complaint sufficient in form and substance, the person/s complained of SHALL BE REQUIRED to submit his/ her counter-affidavit/ comment.

Where the complaint is initiated by the disciplining authority, the disciplining authority or his authorized representative shall issue a show-cause memorandum directing the persons complained of to explain why no administrative case should be filed against him/ her.

FAILURE to submit the comment/ counter-affidavit/ explanation shall be considered a WAIVER thereof and the preliminary investigation may be completed even without his/ her counter-affidavit/ comment.

For cases filed before the Commission or any of its Regional Offices, the preliminary investigation may be entrusted to lawyers of other agencies pursuant to Section 117 of the RRACS

Duration of the Investigation:Shall commence not later than 5 days from receipt of the complaint by the disciplining authority and shall be terminated within 20 days thereafter.

INVESTIGATION REPORTWithin 5 days from the termination of the preliminary investigation, the investigating officer shall submit the INVESTIGATION REPORT WITH RECOMMENDATION and the complete records of the case to the disciplining authority.

Decision or Resolution After Preliminary Investigation

IF A PRIMA FACIE CASE is established during the investigation, the disciplining authority may issue either a formal charge or a notice of charge.

In the ABSENCE of prima facie case, the complaint shall be DISMISSED.

FORMAL CHARGEAfter a finding of a prima facie case, the disciplining authority shall formally charge the person complained.

Contents: it shall contain, among others, the ff: 1. directive to answer the charge/s in writing, under oath in not less than 72 hours from receipt thereof;

2. an advice for the respondent to indicate in his/her answer whether or not he/she elects formal investigation of the charge/s, and a notice that she may opt to be assisted by counsel of his/ her choice.

Notice of ChargeIt may be issued by the disciplining authority against the person complained of when the complaint is initiated by a person other than the disciplining authority.It shall contain:

1. charges against the person complained of and that a prima facie case exist;

2. directive to answer the charge/s in writing and under oath (not less than 72 hours);

3. notice that he/she may opt to be assisted by a counsel.

ANSWERREQUISITES:

1. in WRITING and UNDER OATH;2. SPECIFIC;3. shall contain MATERIAL FACTS;4. APPLICABLE LAWS (if any)5. DOCUMENTARY EVIDENCE; and6. SWORN STATEMENTS covering testimonies of witnesses (if any).

ANSWER TO THE FORMAL CHARGE/ NOTICE OF CHARGE: filed within 3 days from receipt thereof.

FAILURE OR REFUSAL TO FILE ANSWER: Respondent shall be considered to have WAIVED his/her right to submit the same and the case may be decided based on the available records.

PREVENTIVE SUSPENSIONNature:

1. it is NOT A PENALTY;2. it a measure of precaution so that the official or employee charged may be

removed from the scene of his/ her alleged misfeasance/ malfeasance/ nonfeasance WHILE THE SAME IS BEING INVESTIGATED.

Preventive Suspension, when issued:

1. Upon petition of the complainant; or2. The disciplining authority, motu proprio

upon service of the formal charge or notice of charge/s, or immediately thereafter pending an investigation

Preventive Suspension, Grounds:A) The charge involves:

dishonesty, oppression, grave misconduct, neglect in the performance of duty, administrative offenses punishable by dismissal from the service on its 2nd and 3rd offense or if there is reasons to believe that the respondent is guilty of charges which would warrant his/her removal from service

B) It may also be issued to temporarily remove the respondent from the scene of his/her malfeasance or nonfeasance to preclude the possibility of:

1. exerting undue pressure or influence on the witnesses; or2. tampering of evidence that may be used against him/ her.

C) In lieu of preventive suspension, the disciplining authority may REASSIGN the respondent to other unit of the agency during the formal hearings

Duration of Preventive SuspensionUnless otherwise provided by law:Max period of 90 days in the case of National

AgenciesMax period of 60 days in case of Local

Government UnitsIf the administrative case is not finally decided within the period of preventive suspension, the respondent SHALL BE AUTOMATICALLY REINSTATED IN THE SERVICE UNLESS:

the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of delay is not included in the counting of the preventive suspension.

REMEDIES FROM THE ORDER OF PREVENTIVE SUSPENSION:

Respondent may file an APPEAL TO THE COMMISSION within 15 days from receipt thereof.Pending appeal, the same shall be executory.

When the Commission declares that the preventive suspension is null and void, the Respondent will be:

immediately reinstated; and entitled to the payment of back salaries.

FORMAL INVESTIGATIONIt is conducted by the disciplining authority where the merits of the case cannot be decided judiciously without conducting such investigation or when the respondent elects to have one.

There shall be a pre-hearing conference for the parties to appear at the commencement of formal investigation. They shall consider and agree on any of the ff:

1. Stipulation of facts;2. Simplification of issues;3. Identification and marking of evidence of the

parties;4. Waiver of objections to admissibility of

evidence;5. Limiting the number of witnesses and their

names;6. Dates of subsequent hearings;7. Other matters as may aid in the prompt

resolution of the case.

Formal Investigation ReportIt shall be submitted within 15 days after the conclusion of the formal investigation.

D E C I S I O NThe disciplining authority shall decide the case within 30 days from receipt of the Formal Investigation Report

FINALITY OF DECISIONSIf a penalty of suspension for not more than 30 days is or a fine in an amount not exceeding 30 days’ salary is imposed: it SHALL BE FINAL, EXECUTORY AND NOT APPEALLABLE UNLESS A MOTION FOR RECONSIDERATION IS SEASONABLY FILED.

If the penalty imposed is suspension exceeding 30 days, or fine in an amount exceeding 30 days’ salary, the same shall be final and executory after the lapse of the reglementary period for filing as motion for reconsideration or an appeal and no such pleading has been filed.

Pendency of an administrative case SHALL NOT DISQUALIFY respondent from promotion and other personnel actions or from claiming maternity/ paternity benefits.

For this purpose, a pending administrative case shall be construed when the disciplining authority has issued a formal charge or a notice of charge/s to the respondent.

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