Law LocGov Laws DisciplinaryActions

7/24/2019 Law LocGov Laws DisciplinaryActions

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Republic Act No. 6770 November 17, 1989

AN ACT PROVIDIN !OR T"# !$NCTIONA%

AND &TR$CT$RA% ORANI'ATION O! T"#

O!!IC# O! T"# O()$D&(AN, AND !OR

OT"#R P$RPO&

Be it enacted by the Senate and House of

Representatives of the Philippines in Congress

assembled::

&ectio* 1. Title. This Act shall be known as +The

Ombudsman Act of 1989+.

&ectio* .Declaration of Policy. The State shall

maintain honesty and integrity in the public service and

take positive and effective measures against graft and

corruption.

Public office is a public trust. Public officers and

employees must at all times be accountable to thepeople, serve them with utmost responsibility, integrity,

loyalty, efficiency, act with patriotism and ustice and

lead modest lives.

&ectio* -. Office of the Ombudsman. The !ffice of

the !mbudsman shall include the !ffice of the !verall

"eputy, the !ffice of the "eputy for #u$on, the !ffice

of the "eputy for the %isayas, the !ffice of the "eputy

for &indanao, the !ffice of the "eputy for the Armed

'orces, and the !ffice of the Special Prosecutor. The

President may appoint other "eputies as the necessity

for it may arise, as recommended by the !mbudsman.

&ectio* .Appointment. The !mbudsman and his

"eputies, including the Special Prosecutor, shall be

appointed by the President from a list of at least twenty(

one )*+ nominees prepared by the -udicial and ar

/ouncil, and from a list of three )0 nominees for each

vacancy thereafter, which shall be filled within three )0

months after it occurs, each of which list shall be

published in a newspaper of general circulation.

1n the organi$ation of the !ffice of the !mbudsman for

filling up of positions therein, regional, cultural or ethnicconsiderations shall be taken into account to the end that

the !ffice shall be as much as possible representative of

the regional, ethnic and cultural make(up of the 'ilipino

nation.

&ectio* /. Qualifications. The !mbudsman and his

"eputies, including the Special Prosecutor, shall be

natural(born citi$ens of the Philippines, at least forty

)23 years old, of recogni$ed probity and independence,

members of the Philippine ar, and must not have been

candidates for any elective national or local office in the

immediately preceding election whether regular or

special. The !mbudsman must have, for ten )+3 years

or more, been a udge or engaged in the practice of law

in the Philippines.

&ectio* 6.Rank and Salary. The !mbudsman and

his "eputies shall have the same ranks, salaries and

privileges as the /hairman and members, respectively, of

a /onstitutional /ommission. Their salaries shall not be

decreased during their term of office.

The members of the prosecution, investigation and legal

staff of the !ffice of the !mbudsman shall receive

salaries which shall not be less than those given to

comparable positions in any office in the 4overnment.

&ectio* 7. Term of Office. The !mbudsman and his

"eputies, including the Special Prosecutor, shall serve

for a term of seven )5 years without reappointment.

&ectio* 8.Remoal! "illin# of $acancy.

)+ 1n accordance with the provisions of Article

61 of the /onstitution, the !mbudsman may be

removed from office on impeachment for, and

conviction of, culpable violation of the

/onstitution, treason, bribery, graft and

corruption, other high crimes, or betrayal opublic trust.

)* A "eputy or the Special Prosecutor, may beremoved from office by the President for any of

the grounds provided for the removal of the!mbudsman, and after due process.

)0 1n case of vacancy in the !ffice of the

!mbudsman due to death, resignation, removal

or permanent disability of the incumbent

!mbudsman, the !verall "eputy shall serve as

Acting !mbudsman in a concurrent capacity

until a new !mbudsman shall have been

appointed for a full term.n case the !veral

"eputy cannot assume the role of Acting!mbudsman, the President may designate any of

the "eputies, or the Special Prosecutor, as

Acting !mbudsman.

)2 1n case of temporary absence or disability of

the !mbudsman, the !verall "eputy shal

perform the duties of the !mbudsman until the

!mbudsman returns or is able to perform his

duties.

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&ectio* 9.Prohibitions and Dis%ualifications. The

!mbudsman, his "eputies and the Special Prosecutor

shall not, during their tenure, hold any other office or

employment. They shall not, during said tenure, directly

or indirectly practice any other profession, participate in

any business, or be financially interested in any contract

with, or in any franchise, or special privilege granted by

the 4overnment or any subdivision, agency or

instrumentality thereof, including government(owned or

controlled corporations or their subsidiaries. They shallstrictly avoid conflict of interest in the conduct of theiroffice. They shall not be 7ualified to run for any office in

the election immediately following their cessation from

office. They shall not be allowed to appear or practice

before the !mbudsman for two )* years following their

cessation from office.

8o spouse or relative by consanguinity or affinity within

the fourth civil degree and no law, business or

professional partner or associate of the !mbudsman, his"eputies or Special Prosecutor within one )+ year

preceding the appointment may appear as counsel or

agent on any matter pending before the !ffice of the

!mbudsman or transact business directly or indirectly

therewith.

This dis7ualification shall apply during the tenure of the

official concerned. This dis7ualification likewise e9tends

to the law, business or professional firm for the same

period.

&ectio* 10.Disclosure of Relationship. 1t shall be

the duty of the !mbudsman, his "eputies, including the

Special Prosecutor to make under oath, to the best oftheir knowledge andor information, a public disclosure

of the identities of, and their relationship with the

persons referred to in the preceding section.

The disclosure shall be filed with the !ffice of thePresident and the !ffice of the !mbudsman before the

appointee assumes office and every year thereafter. The

disclosures made pursuant to this section shall form part

of the public records and shall be available to any person

or entity upon re7uest.

&ectio* 11.Structural Or#ani&ation. The authority

and responsibility for the e9ercise of the mandate of the

!ffice of the !mbudsman and for the discharge of itspowers and functions shall be vested in the !mbudsman,

who shall have supervision and control of the said office.

)+ The !ffice of the !mbudsman may organi$e

such directorates for administration and alliedservices as may be necessary for the effective

discharge of its functions. Those appointed as

directors or heads shall have the rank and salary

of line bureau directors.

)* The !ffice of the !verall "eputy shall

oversee and administer the operations of the

different offices under the !ffice of

!mbudsman.t shall likewise perform such other

functions and duties assigned to it by the

!mbudsman.

)0 The !ffice of the Special Prosecutor shall be

composed of the Special Prosecutor and his

prosecution staff. The !ffice of the Specia

Prosecutor shall be an organic component of the

!ffice of the !mbudsman and shall be under the

supervision and control of the !mbudsman.

)2 The !ffice of the Special Prosecutor shall,

under the supervision and control and upon the

authority of the !mbudsman, have the following

powers:

)a To conduct preliminary investigation

and prosecute criminal cases within the

urisdiction of the Sandiganbayan;

)b To enter into plea bargaining

agreements; and

)c To perform such other duties

assigned to it by the !mbudsman.

The Special Prosecutor shall have the

rank and salary of a "eputy

!mbudsman.

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respective geographical regions, as public interest may

re7uire.

&ectio* 1-.'andate. The !mbudsman and his

"eputies, as protectors of the people, shall act promptly

on complaints filed in any form or manner against

officers or employees of the 4overnment, or of any

subdivision, agency or instrumentality thereof, including

government(owned or controlled corporations, and

enforce their administrative, civil and criminal liability

in every case where the evidence warrants in order to

promote efficient service by the 4overnment to the

people.

&ectio* 1.Restrictions. 8o writ of inunction shall

be issued by any court to delay an investigation being

conducted by the !mbudsman under this Act, unless

there is a prima facie evidence that the subect matter of

the investigation is outside the urisdiction of the !ffice

of the !mbudsman.

8o court shall hear any appeal or application for remedy

against the decision or findings of the !mbudsman,

e9cept the Supreme /ourt, on pure 7uestion of law.

&ectio* 1/.Po(ers) "unctions and Duties. The

!ffice of the !mbudsman shall have the following

powers, functions and duties:

)+ 1nvestigate and prosecute on its own or oncomplaint by any person, any act or omission of

any public officer or employee, office or agency,

when such act or omission appears to be illegal,unust, improper or inefficient.t has primary

urisdiction over cases cogni$able by the

Sandiganbayan and, in the e9ercise of this

primary urisdiction, it may take over, at any

stage, from any investigatory agency of

4overnment, the investigation of such cases;

)* "irect, upon complaint or at its own

instance, any officer or employee of the

4overnment, or of any subdivision, agency or

instrumentality thereof, as well as any

government(owned or controlled corporationswith original charter, to perform and e9pedite

any act or duty re7uired by law, or to stop,

prevent, and correct any abuse or impropriety in

the performance of duties;

)0 "irect the officer concerned to take

appropriate action against a public officer or

employee at fault or who neglect to perform an

act or discharge a duty re7uired by law, and

recommend his removal, suspension, demotion

fine, censure, or prosecution, and ensure

compliance therewith; or enforce its disciplinary

authority as provided in Section *+ of this Act

provided, that the refusal by any officer withou

ust cause to comply with an order of the

!mbudsman to remove, suspend, demote, fine

censure, or prosecute an officer or employee

who is at fault or who neglects to perform an act

or discharge a duty re7uired by law shall be aground for disciplinary action against saidofficer;

)2 "irect the officer concerned, in any

appropriate case, and subect to such limitations

as it may provide in its rules of procedure, tofurnish it with copies of documents relating to

contracts or transactions entered into by his

office involving the disbursement or use o

public funds or properties, and report anyirregularity to the /ommission on Audit for

appropriate action;

) Publici$e matters covered by its investigation

of the matters mentioned in paragraphs )+, )*)0 and )2 hereof, when circumstances so

warrant and with due prudence: provided, that

the !mbudsman under its rules and regulations

may determine what cases may not be madepublic: provided, further, that any publicity

issued by the !mbudsman shall be balanced, fair

and true;

)5 "etermine the causes of inefficiency, redtape, mismanagement, fraud, and corruption in

the 4overnment, and make recommendations for

their elimination and the observance of high

standards of ethics and efficiency;

)? Administer oaths, issue subpoena andsubpoena duces tecum, and take testimony in

any investigation or in7uiry, including the power

to e9amine and have access to bank accountsand records;

)@ Punish for contempt in accordance with the

=ules of /ourt and under the same procedure

and with the same penalties provided therein;

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)+3 "elegate to the "eputies, or its

investigators or representatives such authority or

duty as shall ensure the effective e9ercise or

performance of the powers, functions, and duties

herein or hereinafter provided;

)++ 1nvestigate and initiate the proper action for

the recovery of ill(gotten andor une9plained

wealth amassed after 'ebruary * and the

prosecution of the parties involved therein.

The !mbudsman shall give priority to complaints filed

against high ranking government officials andor those

occupying supervisory positions, complaints involving

grave offenses as well as complaints involving large

sums of money andor properties.

&ectio* 16.Applicability. The provisions of this Act

shall apply to all kinds of malfeasance, misfeasance, and

non(feasance that have been committed by any officer or

employee as mentioned in Section +0 hereof, during his

tenure of office.

&ectio* 17.*mmunities. 1n all hearings, in7uiries,

and proceedings of the !mbudsman, including

preliminary investigations of offenses, nor person

subpoenaed to testify as a witness shall be e9cused from

attending and testifying or from producing books,

papers, correspondence, memoranda andor other

records on the ground that the testimony or evidence,

documentary or otherwise, re7uired of him, may tend to

incriminate him or subect him to prosecution: provided,

that no person shall be prosecuted criminally for or onaccount of any matter concerning which he is compelled,

after having claimed the privilege against self(

incrimination, to testify and produce evidence,

documentary or otherwise.

nder such terms and conditions as it may determine,

taking into account the pertinent provisions of the =ules

of /ourt, the !mbudsman may grant immunity from

criminal prosecution to any person whose testimony or

whose possession and production of documents or other

evidence may be necessary to determine the truth in any

hearing, in7uiry or proceeding being conducted by the!mbudsman or under its authority, in the performance or

in the furtherance of its constitutional functions and

statutory obectives. The immunity granted under thisand the immediately preceding paragraph shall not

e9empt the witness from criminal prosecution for

perury or false testimony nor shall he be e9empt from

demotion or removal from office.

Any refusal to appear or testify pursuant to the foregoing

provisions shall be subect to punishment for contemp

and removal of the immunity from criminal prosecution.

&ectio* 18.Rules of Procedure.

)+ The !ffice of the !mbudsman shalpromulgate its rules of procedure for the

effective e9ercise or performance of its powers,

functions, and duties.

)* The rules of procedure shall include a

provision whereby the =ules of /ourt are made

suppletory.

)0 The rules shall take effect after fifteen )+


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)* The complaint pertains to a matter outside

the urisdiction of the !ffice of the !mbudsman;

)0 The complaint is trivial, frivolous, ve9atious

or made in bad faith;

)2 The complainant has no sufficient personalinterest in the subect matter of the grievance; or

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)+ The !ffice of the !mbudsman shall in7uire

into acts or omissions of a public officer,

employee, office or agency which, from the

reports or complaints it has received, the

!mbudsman or his "eputies consider to be:

)a contrary to law or regulation;

)b unreasonable, unfair, oppressive,

irregular or inconsistent with the general

course of the operations and functions of

a public officer, employee, office or

agency;

)c an error in the application or

interpretation of law, rules orregulations, or a gross or palpable error

in the appreciation of facts;

)d based on improper motives or

corrupt considerations;

)e unclear or inade7uately e9plained

when reasons should have been

revealed; or

)f inefficient performed or otherwise

obectionable.

)* The !fficer of the !mbudsman shall receive

complaints from any source in whatever form

concerning an official act or omission.t shall act

on the complaint immediately and if it finds thesame entirely baseless, it shall dismiss the same

and inform the complainant of such dismissal

citing the reasons therefor.f it finds a reasonable

ground to investigate further, it shall first furnish

the respondent public officer or employee with a

summary of the complaint and re7uire him to

submit a written answer within seventy(two )5*

hours from receipt thereof.f the answer is found

satisfactory, it shall dismiss the case.

)0 Chen the complaint consists in delay or

refusal to perform a duty re7uired by law, orwhen urgent action is necessary to protect or

preserve the rights of the complainant, the

!ffice of the !mbudsman shall take steps or

measures and issue such orders directing theofficer, employee, office or agency concerned

to:

)a e9pedite the performance of duty;

)b cease or desist from the performance

of a preudicial act;

)c correct the omission;

)d e9plain fully the administrative act

in 7uestion; or

)e take any other steps as may benecessary under the circumstances to

protect and preserve the rights of the

complainant.

)2 Any delay or refusal to comply with the

referral or directive of the !mbudsman or any of

his "eputies, shall constitute a ground for

administrative disciplinary action against the

officer or employee to whom it was addressed.

&ectio* 7.,ffectiity and "inality of Decisions. )+

All provisionary orders of the !ffice of the !mbudsmanare immediately effective and e9ecutory.

A motion for reconsideration of any order, directive or

decision of the !ffice of the !mbudsman must be filed

within five )


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The above rules may be amended or modified by the

!ffice of the !mbudsman as the interest of ustice may

re7uire.

&ectio* 8.*nesti#ation in 'unicipalities) +ities and

Proinces. The !ffice of the !mbudsman may

establish offices in municipalities, cities and provinces

outside &etropolitan &anila, under the immediate

supervision of the "eputies for #u$on, %isayas and

&indanao, where necessary as determined by the

!mbudsman. The investigation of complaints may be

assigned to the regional or sectoral deputy concerned or

to a special investigator who shall proceed in accordance

with the rules or special instructions or directives of the

!ffice of the !mbudsman. Pending investigation the

deputy or investigator may issue orders and provisionalremedies which are immediately e9ecutory subect to

review by the !mbudsman. Cithin three )0 days after

concluding the investigation, the deputy or investigator

shall transmit, together with the entire records of thecase, his report and conclusions to the !ffice of the

!mbudsman. Cithin five )


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&ectio* -.Annual Report. The !ffice of the

!mbudsman shall render an annual report of its

activities and performance to the President and to

/ongress to be submitted within thirty )03 days from

the start of the regular session of /ongress.

&ectio* -/.'alicious Prosecution. Any person who,

actuated by malice or gross bad faith, files a completely

unwarranted or false complaint against any government

official or employee shall be subect to a penalty of one

)+ month and one )+ day to si9 )> months

imprisonment and a fine not e9ceeding 'ive thousand

pesos )P


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C. . Di3cipli*r4 Aut5orit4. All Administrative

complaints, duly verified, against elective local officials

mentioned in the preceding Section shall be acted upon

by the President. The President, who may act through the

D9ecutive Secretary, shall hereinafter be referred to as

the "isciplining Authority.

C. -. I*ve3ti2ti*2 Aut5orit4. The Secretary of the

1nterior and #ocal 4overnment is hereby designated as

the 1nvestigating Authority. Ee may constitute an

1nvestigating /ommittee in the "epartment of the

1nterior and #ocal 4overnment )"1#4 for the purpose.

Rule

RO$ND& !OR AD(INI&TRATIV#

DI&CIP%INAR ACTION

CTION 1. rou*3. An elective local official may

be disciplined, suspended, or removed from office on

any of the following grounds:

a "isloyalty to the =epublic of the Philippines;

b /ulpable violation of the /onstitution;

c "ishonesty, oppression, misconduct in office, gross

negligence, or dereliction of duty;

d /ommission of any offenses involving moral

turpitude or an offense punishable by at leastprisionmayor, which is from sic )> years and one )+ day to

twelve )+* yearsF imprisonment.

e Abuse of authority;

f nauthori$ed absence for fifteen )+5+0;

=epublic Act 8o. 03+@; Administrative /ode of +@?5;

=evised Penal /ode; and all other applicable general and

special laws.

Rule -

CO(P%AINT

CTION 1. "o i*itite. An administrative case

may be initiated by any private individual or any

government officer or employee by filing a sworn

written complaint against any elective local officia

enumerated under Sec. +, =ule 1 hereof. 1t may also be

initiated motu proprio by the !ffice of the President or

any government agency duly authori$ed by law to ensure

that local government units )#4s act within their

prescribed powers and functions.

C. . !orm o Compli*t. The complaint

accompanied by affidavits of witness or evidences in

support of the charge, shall be addressed to the

President. 1t shall be drawn in clear, simple, and concise

language and in methodical manner as to apprise the

respondent of the nature of the charge against him and to

enable him to prepare his defense. The party filing the

complaint shall be called the complainant, while the

official against whom the complaint is filed shall be

called the respondent.

C. -. 5ere ile. The complaint shall be filed with

the =ecords !ffice, !ffice of the President, &alacaGang

&anila. Eowever, for cases against elective officials of

#4s concerned outside &etropolitan &anila, the

complaint may be filed through the concerned =egiona

"irector of the "1#4, who shall transmit the same to the

Secretary of the 1nterior and #ocal 4overnment, withinforty(eight )2? hours from receipt thereof. 1n this

regard, the =egional "irector concerned shal

authenticate all the pertinent documents presented to

him.

pon receipt of the said documents, the Secretary of the

1nterior and #ocal 4overnment shall transmit the same

to the !ffice of the President, within forty(eight )2?

hours from receipt of the same.

A copy of the complaint shall be furnished to each of the

following:

a the !ffice of the 4overnor in the case of component

cities;

b the &etropolitan &anila Authority in the case of cities

and municipalities in &etropolitan &anila; and

c the "1#4 in all cases.

C. . !ili*2 ee. A fee of Two Eundred Pesos

)P*33.33 shall be charged for every complaint filed

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with the !ffice of the President, payable to the H/ashier,

!ffice of the President.I

Pauper complaints duly certified as such in accordance

with the =ules of /ourt shall be e9empted from the

payment of the filing fee.

Rule

ANR

CTION 1. Notice. Cithin seven )5 days after the

complaint is filed, the "isciplining Authority shall issue

an order re7uiring the respondent to submit his verified

answer within fifteen )+


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unnecessary proof, the limitation of number of

witnesses, and such other matters as may aid the prompt

disposition of the case.

The 1nvestigating Authority shall encourage the parties

and their counsels to enter, at any stage of the

proceedings, into amicable settlement, compromise and

arbitration, the terms and conditions of which shall be

subect to the approval of the "isciplining Authority.

After the preliminary conference, the 1nvestigating

Authority shall issue an order reciting the matters taken

up thereon, including the facts stipulated and the

evidences marked, if any. Such order shall limit the

issues for hearing to those not disposed of by agreement

or admission of the parties, and shall schedule the formal

investigation within ten )+3 days from its issuance,

unless a later date is mutually agreed in writing by the

parties concerned.

C. 6. Ve*ue o 5eri*2.Chen the respondent is an

elective official of a province or highly urbani$ed city,

the preliminary investigation as contemplated in this

=ule shall be conducted in the place where he renders or

holds office. 'or all other local elective officials, the

venue shall be the place where the sanggunian concerned

is located.

C. 7. 90:4 b*.8o preliminary investigation shall

be imposed within ninety )@3 days immediately prior to

any local election.

Rule 6

PR#V#NTIV# &$&P#N&ION

CTION 1. Poer to 3u3pe*. Preventive suspension

may be imposed by the "isciplining Authority in cases

where the respondent is an elective official of the

following #4s:

a provinces;

b highly urbani$ed cities;

c independent component cities; and

d cities and municipalities in &etropolitan &anila.

The governor shall, upon the direct order of the

"isciplining Authority, preventively suspend an elective

official of a component city, who is under formal

administrative investigation by the !ffice of the

President.

C. . 90:4 b*.8o preventive suspension shall be

imposed within ninety )@3 days immediately prior to

any local election. 1f the preventive suspension has been

imposed prior to the @3(day period immediately

preceding a local election, it shall be deemed

automatically lifted upon the start of aforesaid period.

C. -. rou*3. Preventive suspension may be

imposed at any time after the issues are oined, that is

after respondent has answered the complaint, when the

evidence of guilt is strong and, given the gravity of the

offense, there is a great probability that the continuance

in office of the respondent could influence the witnesses

or pose a threat to the safety and integrity of the records

and other evidence.

C. . Durtio*. Any single preventive suspension of

local elective officials shall not e9tend beyond si9ty )>3

days; provided that, in the event that several

administrative cases are filed against an elective official,

he cannot be preventively suspended for more than

ninety )@3 days within a single year on the same ground

or grounds e9isting and known at the time of the first

suspension.

C. /. Automtic rei*3tteme*t. pon e9piration of

the preventive suspension, the suspended elective

official shall be deemed reinstated in office without

preudice to the continuation of the proceedings against

him, which shall be terminated within one hundredtwenty )+*3 days from the time he was formally

notified of the case against him. Eowever, if the delay in

the proceeding of the case is due to his fault, or re7uest

other than the appeal duly filed, the duration of suchdelay shall not be counted in computing the time of

termination of the case.

C. 6. &lr4 o re3po*e*t pe*i*2

3u3pe*3io*.The respondent, who is preventivelysuspended from office, shall receive no salary or

compensation during such suspension; but, upon

subse7uent e9oneration and reinstatement, he shall be

paid his full salary or compensation, including such

emoluments accruing during such suspension.

Rule 7

!OR(A% INV#&TIATION

CTION 1. Proceurl ue proce33. The responden

shall be accorded full opportunity to appear and defend

himself in person or by counsel, to confront and cross(

e9amine the witnesses against him, and to re7uire the

attendance of witnesses and the production of documents

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through the compulsory process of subpoena or

subpoena duces tecum.

C. . 5o co*uct3 t5e 5eri*2. The formal

administrative investigation shall be conducted by the

1nvestigating Authority.

C. -.!ilure to comme*ce orml

i*ve3ti2tio*.nreasonable failure to commence the

formal investigation within the prescribed period in the

preliminary conference order by the person or persons

assigned to investigate shall be a ground for

administrative disciplinary action.

C. . Poer to t;e te3timo*4 or receive

evie*ce. The 1nvestigating Authority is herebyauthori$ed to take testimony or receive evidence relevant

to the administrative proceedings, which authority shall

include the power to administer oaths, summon

witnesses, and re7uire the production of documents

bysubpoena duces tecumpursuant to ook +, /hapter @,

Section 05 of the Administrative /ode of +@?5.

Anyone who, without lawful e9cuse, fails to appear upon

summons issued under authority of the preceding

paragraph or who, appearing before the 1nvestigating

Authority e9ercising the power therein defined, refuses

to make oath, give testimony or produce documents for

inspection, when lawfully re7uired, shall be subect to

discipline as in case of contempt of court and, upon

application by the 1nvestigating Authority, shall be dealt

with by the udge of the proper regional trial court in the

manner provided for under ook %11, /hapter 0, Section+0, in relation to /hapter +, Section * )+, of the

Administrative /ode of +@?5.

C. /. Notice o 5eri*2. The parties and their

witnesses shall be notified by subpoena of the scheduled

hearing at least five )


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within fifteen )+2, as amended by&emorandum /ircular 8o. +@> dated -uly +@, +@>?

prescribing rules governing security of classified matterin government offices.

Rule 10

D#CI&ION

CTION 1. Re*itio* o eci3io*. Cithin thirty )03

days after receipt of the report of the 1nvestigating

Authority and the transmittal of records, the "isciplining

Authority shall render a decision in writing statingclearly and distinctly the facts and reasons for such

decision. /opies of said decision shall immediately be

furnished the respondent and all interested parties.

C. . !i*lit4 o eci3io*. The decision of the

"isciplining Authority shall become final and e9ecutory

after the lapse of thirty )03 days from receipt of a copy

thereof by the complainant or the respondent, as the case

may be, unless a motion for reconsideration is filed

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within the said such period. Save in e9ceptionally

meritorious cases, only one motion for reconsideration

by any one party shall be allowed, which shall suspend

the running of the 03(day reglementary period.

C. -. #=ecutio* pe*i*2 ppel. An appeal shall not

prevent a decision from becoming final or e9ecutory.

The respondent shall be considered as having been

placed under preventive suspension during the pendency

of an appeal. 1n the event the appeal results in an

e9oneration, the respondent shall be paid his salary and

such other emoluments accruing during the pendency of

the appeal.

Rule 11

P#NA%TI#&

CTION 1. &u3pe*3io* or removl. A respondent

found guilty of any of the offenses enumerated in =ule *

hereof may be meted the penalty of suspension orremoval depending on the evidence presented and the

aggravating or mitigating circumstances that may be

considered by the "isciplining Authority.

C. . &u3pe*3io*. The penalty of suspension shall not

e9ceed the une9pired term of the respondent, or a period

of si9 )> months for every administrative offense, nor

shall said penalty be a bar to the candidacy of the

respondent so suspended as long as he meets the7ualifications re7uired for the office.

C. -. Removl. An elective local official may beremoved from office on the grounds enumerated in =ule

* hereof by order of the proper court or the "iscipliningAuthority whichever first ac7uires urisdiction to the

e9clusion of the other.

The penalty of removal from office as a result of an

administrative investigation shall be considered a bar to

the candidacy of the respondent for any elective

position.

Rule 1

#>#C$TIV# C%#(#NC

CTION 1. Removl o mi*i3trtive pe*ltie3 or

i3bilitie3. 1n meritorious cases, the President may,

after his decision has become final and e9ecutory,

commute or remove administrative penalties and

disabilities imposed upon elective local officials in

administrative disciplinary cases, subect to such terms

and conditions as he may impose in the interest of the

service.

Rule 1-

(I&C#%%AN#O$& PROVI&ION&

CTION 1. #ect3 * pplictio* o relev*t

l3. This Administrative !rder implements the #ocal4overnment /ode of +@@+ and its 1mplementing =ules

and =egulations approved and adopted under

Administrative !rder 8o. *53 dated 'ebruary *+, +@@*

ook %1, /hapter 0, Sections +3J+> of the

Administrative /ode of +@?0; and D9ecutive !rder 8o

*> dated !ctober 5, +@@*. 1n all matters not provided in

this Administrative !rder, the =ules of /ourt and the+@?5 Administrative /ode shall apply in a suppletory

character.

C. . Repel. Administrative !rder 8o. +@< dated

September +3, +@@3, as amended by Administrative!rder 8o. *0@ dated September *5, +@@+, is hereby

repealed.

C. -. #ectivit4. This Administrative !rder shal

take effect fifteen )+


15/16

S,+T*O3 14Sections 2 and , Rule ! of "dministrative

#rder $o% 2 dated &ecember !', !((2, are hereby

amended to read as follows:

)S,+4 74 Disciplinin# Authority4"ll administrative

complaints, duly verified, against elective local officials

mentioned in the preceding Section shall be acted upon

by the President% *he President, who may act through

the +ecutive Secretary, shall hereinafter be referred to

as the &isciplining "uthority%-

)S,+4 4 *nesti#atin# Authority4*he Secretary of the

.nterior and /ocal 0overnment is hereby designated as

the .nvestigating "uthority% He may constitute an

.nvestigating Committee in the &epartment of the

.nterior and /ocal 0overnment for the purpose%-

)*he &isciplining "uthority may, however, in the interes

t of the service, constitute a Special .nvestigatingCommi

ttee in lieu of the Secretary of the .nterior and /ocal 0o

vernment%)

S,+4 74.tems 1d and 1h of Section !, Rule 2, of

"dministrative #rder $o% 2 are hereby amended to

read as follows:

)1d Commission of any offense involving moral

turpitude or any offense punishable by at least prision

mayor, which is from si 13 years and one 1! day to

twelve 1!2 years imprisonment4-

)1h Such other grounds as may be provided by the

/ocal 0overnment Code of !((!4 Republic "ct $o%3'!4 Republic "ct $o% 5!(4 "dministrative Code of

!(6'4 Revised Penal Code4 and all other applicablegeneral and special laws%-

S,+4 4Section ', Rule 7, of "dministrative #rder $o%

2 is hereby amended to read as follows:

)S,+4 :4(58day ban% 9 $o preliminary investigation

shall be conducted within ninety 1(5 days immediately

prior to any local election%-

S,+4 >4" new section is hereby added to Rule ' of"dministrative #rder $o% 2, after Section ! thereof, to

read as follows:

)S,+4 1>4(58day ban%9 $o formal investigation shall be conducted within nin

ety 1(5 days immediately prior toany local election%-

S,+4 54 Sections 2 and , Rule !5, of "dministrative

#rder $o% 2 are hereby amended as follows:

)S,+4 74inality of decision% *he decision of the

&isciplining "uthority shall immediately be final and

eecutory upon receipt of a copy thereof by the

complainant or the respondent, as the case may be%-

)S,+44;otion for reconsideration% " motion for reconsiderat

ion shall not stay the eecution of a decision% .nthe event

that a decision is reconsidered as to result in an eonera

tion, the respondent shall be paid his salaryand such oth

er emoluments accruing during the period of his suspens

ion of removal%-

S,+4 ?4Section 2, Rule !!, of "dministrative #rder $o%

2 is hereby amended to read as follows:

)S,+4 74Suspension% *he penalty of suspension shall

not eceed the unepired term of the respondent, or a

period of si 13 months for every administrative offense,

nor shall said penalty be a bar to the candidacy of the

respondent so suspended as long as he meets the


16/16

CTION 1.Section *, =ule + of Administrative !rder

8o. *0, as amended, is hereby further amended, to read

as follows:

HSD/. *. "isciplining Authority. The President, who

may act through the D9ecutive Secretary, shall be the

"isciplining Authority for all administrative complaints

against elective local officials covered therein.I

CTION .Section 0 of =ule + of Administrative

!rder 8o. *0, as amended, is hereby further amended, to

read as follows:

HSD/. 0.*nesti#atin# Authority4 The Secretary of

the 1nterior and #ocal 4overnment is hereby designated

as the 1nvestigating Authority. As such, he is authori$edto investigate complaints filed against elective officials,

covered herein and act appropriately thereon as

hereinafter provided. Ee may, thereafter, constitute an

1nvestigating /ommittee in the "epartment of 1nterior

and #ocal 4overnment for the conduct of investigation.

The preceding paragraph notwithstanding, the

"isciplining Authority may, in the interest of the service,

constitute a Special 1nvestigating /ommittee in lieu of

the Secretary of the 1nterior and #ocal 4overnment.

8othing herein provided, however, shall prevent the

President from assuming urisdiction at any stage of the

proceedings over cases to be preliminarily investigated

by the "epartment of 1nterior and #ocal 4overnment. 1n

such event, the same shall immediately be forwarded to

the Special 1nvestigating /ommittee after it may have

been constituted by the "isciplining Authority

CTION -.Section 2 of =ule 0 of Administrative

!rder 8o. *0, as amended, is hereby repealed.

CTION .Sections + and 0 of =ule 2 of

Administrative !rder 8o. *0, as amended is hereby

amended, to read as follows:

Sec. +. 8otice. Cithin seven )5 days after the

complaint is filed, the 1nvestigating Authority or the

"isciplining Authority as the case may be shall issue an

order re7uiring the respondent to submit his verifiedanswer within fifteen )+

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