1.

The Administrative Disciplinary Process

2. Objective ADMINISTRATIVE Maintenance of discipline in the public service.

3. Nature Not adversarial

4. Powers Used in Investigations Interrogation of Witnesses Swearing of Witnesses

Issuance of Subpoena Inspection of Premises

5. Commencement of Administrative Proceedings Administrative proceedings may be

commenced against a subordinate officer or employee by the Secretary or head of office
of equivalent rank, or head of local government, or chiefs of agencies, or regional
directors, or upon sworn, written complaint by any other person. – Sec. 48 (1), Chapter
6, Subtitle A, Title I, Book V of EO 292 (Administrative Code of 1987)

6. head of agency (show cause order Any person (aka citizen’s complaint)

7. CSC Resolution No. 1101502 November 8, 2011

8. Under oath In writing In triplicate copies (n) COMPLAINT If there is more than 1 person
complained of, the complainant is required to submit additional copies corresponding to
the number of persons complained of. (n)

9. Certification of non-forum shopping Certified copy of documentary evidence and

affidavits of witnesses Narration of relevant and material facts Full name and address of
person/s complained of; position/s; and, office/s Full name and address of the
complainant

10. Anonymous Complaint

11. Withdrawal of Complaint Does not result in its outright dismissal Nor discharge the
person complained of (PCO) from any administrative liability

12. Action on the Complaint Complaint – sufficient in form and substance PCO – to submit
COUNTER AFFIDAVIT/COMMENT under oath Within 3 days from receipt of the Order.

13. Stages Preliminary Investigation Formal Investigation Appeal

14. Purpose of the Investigation To ascertain the truth without necessarily adhering to
technical rules applicable in judicial proceedings.

15. Who conducts the Investigation? Disciplining authority Authorized representative

16. LGUs person committee Duly authorized by the Local Chief Executive

17. Role of the Person/Committee does not sit as a judge but only as a fact-finder.

18. Preliminary Investigation Inquiry or proceeding undertaken to determine the existence

of prima facie case to warrant the issuance of a formal charge
19. Purpose of Preliminary Investigation To secure the innocent against hasty, malicious and
oppressive prosecutions. To protect him from open and public accusation of crime, from
the trouble, expenses and anxiety of a public trial To protect the State from useless and
expensive prosecutions.* For the disciplining authority to determine whether a prima
facie case exists to warrant the issuance of a formal charge.

20. At first sight On the face of it At first view On first appearance absent other information
or evidence

21. Duration of PI shall commence not later than 5 days from receipt of the complaint shall
be terminated within 20 days thereafter

22. Submitted within 5 days from the termination of the PI

23. Specification of charge(s) A brief statement of material or relevant facts with certified
true copies of the documentary evidence, if any Sworn statements of testimony of
witnesses Formal Charge the A directive to answer the charge (s) in writing under oath in
not less than seventy-two (72) hours from receipt thereof An advice to indicate in the
answer whether or not he/she elects a formal investigation a notice that he/she may opt
(n) to be assisted by a counsel of his/her choice.

24. Notice of Charge/s issued in instances when the complaint was initiated other than the
disciplining authority (n)

25. Notice of Charge/s charge/s against the PCO with a statement that a prima facie case
exists directive to answer the charge/s in writing, under oath in not less than 72 hours
from receipt thereof notice that he/she may opt to be assisted by a counsel of his/her
choice With the following attachments the complaint sworn statement other documents
submitted

26. Prohibited Pleadings requests for clarification motions to dismiss bills of particulars
motions to quash motions for reconsideration

27. Answer in writing under oath specific shall contain material facts and applicable laws, if
any includes documentary evidence, sworn statements of witnesses

28. Purpose To prevent the respondent from exerting undue influence or pressure on the
witnesses against him/her tampering with evidence that may be used against him/her

29. Preventive Suspension may issue if the charge involves the following offenses:
Dishonesty Grave Misconduct Oppression Neglect in the Performance of Duty
Administrative offenses which are punishable by dismissal from the service on its second
or third offense. If there are reasons to believe that the respondent is guilty of charges
which would warrant his/her removal from the service.

30. In lieu of preventive suspension… reassignment During formal hearings

31. Kinds of Preventive Suspension Preventive Suspension Pending Investigation Preventive
Suspension Pending Appeal

32. Preventive Suspension Pending Investigation NOT a penalty

33. Duration Maximum of 90 days for employees of the NGAs, SUCs, and GOCCs. 60 days for
employees of the LGUs

34. Automatic reinstatement follows after the lapse or expiration of the period.

35. If respondent is on authorized leave preventive suspension shall be deferred or

interrupted until such time that said leave has been fully exhausted.

36. Remedy from the Order of Preventive Suspension Appeal to the Commission MR is not
allowed.

37. Payment of Back Salaries During Preventive Suspension Declaration by the Commission
that an order of preventive suspension is null and void on its face

38. Null and Void on its Face The order was issued by one who is not authorized by law. The
order was not premised on any of the conditions under Sec 26 (A and B) of the RRACCS.

39. The order of preventive suspension was issued without a formal charge or notice of
charges

40. While lawful in the sense that it is based on the enumerated grounds, the duration of
the imposed preventive suspension has exceeded the prescribed periods.

41. If the official or concerned is exonerated employee fully of the charge/s or when the
penalty imposed in the principal case is reprimand (n), he or she shall be paid such back
salaries.

42. Full Exoneration A finding of for the offense/s charged. Downgrading of the charge to a
lesser offense shall not be construed as “full exoneration.”

43. Preventive Suspension Pending Appeal NOT stop the decision from being EXECUTORY. An
appeal shall

44. In case the penalty is suspension or removal, the respondent shall be considered as
having been under PREVENTIVE SUSPENSION during the pendency of the appeal in the
event he wins the appeal

45. Preventive Suspension Pending Appeal Actually punitive

46. Effect of Exoneration Reinstatement with Full Pay for the period of suspension.

47. Effect of Affirmation of Conviction The period of suspension becomes part of the final
penalty of suspension or dismissal.
48. Formal when the merits of the case cannot be decided judiciously without conducting
such investigation when the respondent elects to have one

49. Period of Investigation Not earlier than 5 days nor later than 10 days from the date of
receipt of Answer Shall be finished within 30 days from the filing of the charges Unless
the period is extended by the disciplining authority in meritorious cases

50. Submission of Position Paper/Memorandum at any stage of the proceedings based on

the mutual consent of the parties submit the case for resolution without any need for
further hearings (n)

51. Pre-Hearing Conference mandatory done at the commencement of the formal

investigation

52. Matters that will be considered and agreed upon by the parties during the PHC
Stipulation of facts Simplification of issues Limiting the number of witnesses, and their
names Dates of subsequent hearings Identification and marking of evidence of the
parties Such other matters as may aid in the prompt and just resolution of the case.
Waiver of objections to admissibility of evidence

53. Agreement during the PHC binding on both parties

54. How do you conduct hearings? Call the case Appearance of counsel Take note of the
order of hearing Take note

55. Resolve objections Resolve oral motions Adjourn

56. Hearings conducted on the hearing dates set by the Hearing Officer OR as agreed upon
during the pre-hearing conference

57. Postponement A party shall be granted one (1) (n) postponement upon Oral or Written
request

58. Order of Hearing prosecution respondent Presentation of rebuttal/surrebuttal evidence

unless the hearing officer directs otherwise

59. Formal Investigation Report Shall be submitted to the disciplining authority within 15
days after the conclusion of the formal investigation.

60. Contents of Report Narration of the material facts established during the investigation
Findings and evidence supporting said findings Recommendations

61. Disciplining Authority Renders decision within 30 days from receipt of the Report of
Investigation

62. Decision Finding of facts evidence to support the finding or conclusion evidence must be
substantial
63. SUBSTANTIAL EVIDENCE Such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.

64. Settlement in Administrative Cases Light Offenses Act is purely personal on the part of
the private complainant and person complained of There is no apparent injury
committed to the government.

65. Offenses which may be the subject of settlement and/or compromise Borrowing money
by superior officers from subordinates Willful failure to pay just debts

66. Simple Misconduct resulting from misunderstanding/fight between the respondent

and complainant provided the act is not committed within office premises Discourtesy
in the course of official duties Other analogous circumstances/cases

67. Aide Memoire Administrative investigations shall be conducted without necessarily

adhering strictly to the technical rules of procedure and evidence applicable to judicial
proceedings.

68. End of Session