Professional Documents
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Administrative Justice An Overview of Civil Service Law and Rules
Administrative Justice An Overview of Civil Service Law and Rules
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RA 6713
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"Public office is a public trust. Public officers and employees must at all times
be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice and lead modest lives."
(Art. XI, Accountability of Public Officers)
The phrase "public office is a public trust" refers to a representative government, the
officers being mere agents and not rulers of the people, one where no one man or set of
men has a proprietary or contractual right to an office, but where every officer accepts
office pursuant to the provisions of law and holds the office as a trust for the people.
Characteristics of Administrative Discipline:
Administrative offenses do not prescribe. (Floria vs. Sunga, 368 SCRA 551)
Administrative cases are not subject to settlement.
The withdrawal of the complainant is not a ground for the dismissal.
The complainant is a mere witness to the commission of the offense, hence,
anybody can file an administrative complaint.
No officer or employee of the government can be disciplined or removed from office
except for cause and after due process. (Art. IX-B, Sec. 2, par. 3, 1987 Constitution)
The phrase "for cause" refers to grounds for disciplinary actions enumerated
in the Revised Administrative Code of 1987 (EO 292).
The procedure in administrative cases is governed by CSC Resolution No.
99-1936 (The Uniform Rules on Administrative Cases in the Civil Service) with
the Rules of Court being applied in suppletory character.
Investigation and adjudication of administrative complaints against appointive local
officials and employees as well as their suspension and removal shall be in accordance
with the Civil Service Law and Rules and other pertinent laws. The results of such
administrative investigations shall be reported to the Civil Service Commission. (Sec. 84,
Local Government Code)
Officials Subject to Disciplinary Authority; Exceptions. The Office of the Ombudsman
shall have disciplinary authority over all elective and appointive officials of the
Government and its subdivisions, instrumentalities and agencies, including Members of
the Cabinet, local government, government-owned or controlled corporations and their
subsidiaries, except over officials who may be removed only by impeachment or over
Members of Congress, and the Judiciary. (Sec. 21, RA 6770, The Ombudsman Act)
Any violation hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee even if no criminal
prosecution is instituted against him. (Sec. 11, par. b, RA 6713, The Code of Conduct)
JURISDICTION:
The authority to hear and decide cases and the power or jurisdiction to institute
disciplinary actions in administrative cases is lodged only on the disciplinary authority to
which such power is vested by law. Absent such legal basis the power to discipline cannot
be exercised.
Heads of agencies have jurisdiction to investigate and discipline their own officials and
employees. However, heads of agencies may delegate the power to investigate to their
subordinates and just wait the recommendations which will be made afterwards. (Sec. 47,
par. 2 and 3, EO 292).
The authority that decides the case, therefore, is also clothed with the power to
investigate and is deemed to have done the same even if in reality somebody else
conducted it by virtue of delegation.
Jurisprudence on Jurisdiction:
"The Court loses jurisdiction upon the finality of the decision, except to order
the execution within its lifetime". (Lizardo, Sr. vs. Montano, 332 SCRA 163).
"Jurisdiction may not be conferred by consent or waiver while the venue of an
action may be changed by consent of the parties". (Rudolf Lietz Holdings, Inc.
vs. Registry of Deeds of Paraaque City, 344 SCRA 680)
Kinds of Jurisdiction
1. Original jurisdiction Jurisdiction to take cognizance of cases
which exist for the first time (i.e., complaint, petition, protest, request for
favorable recommendation for executive clemency) under it are of two
sub-classifications:
a. Exclusive original jurisdiction Original jurisdiction
which cannot be exercised by another body. Example is the
jurisdiction of the CSC over examination-related cases, cases of
sexual harassment filed against its officials and employees,
requests for a favorable recommendation for executive clemency,
requests for extension of service, requests to transfer venue of
Resignation is not a way out to evade administrative liability when facing administrative
sanction. The resignation of a public servant does not preclude the finding of any
administrative liability to which he or she shall still be answerable. [21]
Section 66 of the Omnibus Election Code, in considering an appointive official ipso facto
resigned, merely provides for the immediate implementation of the penalty for the
prohibited act of engaging in partisan political activity. This provision was not intended,
and should not be used, as a defense against an administrative case for acts committed
during government service. (Esther S. Pagano vs. Juan Nazarro, Jr., et al., G.R. No.
149072, September 21, 2007)
1. Appellate Jurisdiction Refers to the jurisdiction to take cognizance of
appeals from a decision of a lower deciding authority.
a. Exclusive appellate jurisdiction all decisions of agency heads on
administrative cases whether disciplinary or non-disciplinary are within
the exclusive appellate jurisdiction of the CSC.
The Party Adversely Affected Doctrine Refers to the rule that in administrative cases
only the respondent who was found guilty of an offense has the personality to file an
appeal. (Paredes vs. CSC) However, this is a procedural rule which must be invoked by
the appellee; otherwise, the appeal by the complainant may be given due course. (Mendez
vs. CSC)
The CSC is considered a party adversely affected by the decision of a higher court
reversing its decision on the issue of nepotism, since the CSC is the guardian of merit and
fitness in the bureaucracy. (Dacoycoy vs. CSC)
In the case of PNB vs. Ricardo V. Garcia, Jr. September 9, 2002, the Supreme Court
expressly abandoned the party-adversely-affected doctrine holding that the effort of the
government to curb graft and corruption, malfeasance and misfeasance in the government
will be rendered meaningless if appeal cannot be had from erroneous administrative
decisions.
Salient Features of the Uniform Rules on Administrative Cases in the Civil Service
CSC Proper
A.
Disciplinary
1.
Disciplinary (CSCROs)
1. Complaints initiated by or brought before the CSCROs provided that
the alleged acts or omissions were committed within the jurisdiction of the
Regional Office, including examination anomalies or irregularities and the
persons complained of are employees of agencies, local or national,
within said geographical areas;
2. Complaints involving CSCRO personnel who are appointees of said
office;
3.
C.
Non-Disciplinary (CSCROs)
1.
Disciplinary
1. Complaints involving their respective personnel. Their decisions
shall be final in case the penalty imposed is suspension for not more than
thirty (30) days or fine in an amount not exceeding thirty (30) days salary.
It must be in writing;
Must contain the full name and address of the person complained of as well
as his position and office of employment;
Must contain a narration of how, when and where the offense was
committed and other facts relevant thereto;
The withdrawal of the complaint does not necessarily result in the dismissal
of the case;
Notes:
Preventive Suspension A precautionary measure to insure that the respondent will not
suppress evidence or harass the witnesses against him which is done by placing him
under suspension for a certain period (60 days in LGU, 90 days in NGAs and 6 months if
the suspension is imposed by the Office of the Ombudsman).
Requisites of a valid preventive suspension:
The period of delay owing to the fault of the respondent shall not be
included in counting the period of preventive suspension.
1.
Can be resorted to only in case the penalty imposed is more than 30 days
suspension or fine equivalent to more than 30 days salary.
Appeal does not stay the execution of the decision appealed from except if
the penalty is removal where confirmation by the Secretary is needed
before the same may be executed. And except further if the decision
appealed from was rendered by a CSCRO in which case, the appeal taken
to the CSC proper stays the execution of the decision appealed from.
The remanding of the case due to lack of due process shall not entail
reinstatement or payment of back wages.
The petition shall be filed with the CSC which in turn may either deny it or
consider it favorably by recommending such grant to the Office of the
President.
Although unwritten, the CSC adopts a policy that petitions for executive
clemency may be filed only after five years from the date of the petitioner's
dismissal from the service.
The petition must be accompanied by: certified true copy of the decision
with a favorable recommendation by the disciplining authority, certification
from reputable members of the community where he resides to the effect
that he has become a useful member thereof.
Dishonesty
Grave Misconduct
Receiving for personal use, a fee, gift or other valuable thing in the course
of official duties when the same is given by any person in the hope or
expectation of receiving a favor
Contracting loans of money or property from persons with whom the office
of the employee has business relations
Examples of Grave Offenses punishable with 6 mos. and 1 day to 1 year are:
Oppression
Gross insubordination
Less Grave offenses are those punishable with 1 mo. and 1 day to 6 mos. For the first
offense and dismissal for the second offense. Examples are:
Simple Misconduct
Insubordination
Habitual Drunkenness
Failure to resign from his position in the private business where there is
conflict of interest within 30 days from assumption of public office.
Light Offenses are those punishable with reprimand for the first offense, suspension of
up 30 days for the second offense and dismissal from the service for the third offense.
Examples are:
Discourtesy
Habitual tardiness
Lobbying for personal gain in legislative halls and offices without authority
Physical illness
Good faith
Habitual commission of the offense during office hours and within office
premises
there are more mitigating, the maximum shall be imposed; and if both
equally offset each other, the medium penalty shall be imposed.
Duration and effect of administrative penalties:
Suspension shall be considered a gap in the service and during that period
the respondent will not be entitled to all money benefits including leave
credits. He shall not also be promoted during the said period.
Effect of exoneration:
CONTEMPT
Any official/employee/person
following acts or omissions
disobedience of or resistance
resolution, ruling, summons,
Commission.
Fine of P1,000.00 per day for every act of a person found guilty of indirect
contempt. Damages in addition to fine shall be awarded if contempt
consists of violation of an injunction or omission to do an act which is
within the power of the respondent.
Disgraceful and
Immoral Conduct in the
Workplace
b)
Disgraceful and
Immoral Conduct
Through a Forbidden
Relationship
c)
Disgraceful and
Immoral Conduct
Committed through
Inherently Immoral Acts
DISCIPLINING
AUTHORITY
ANY PERSON
DISCIPLINING
AUTHORITY
ANY PERSON
b)
Simple Dishonesty
1st offense suspension of 1 month and 1 day to 6
months
2nd offense suspension of 6 months and 1 day to 1 year
3rd offense dismissal from the service
The presence of any one of the following attendant circumstances in the commission of
the dishonest act would constitute the offense of SERIOUS DISHONESTY:
a) The dishonest act caused serious damage and grave prejudice to the
Government
b) The respondent gravely abused his authority in order to commit the
dishonest act
c) Where the respondent is an accountable officer, the dishonest act directly
involves property, accountable forms or money for which he is directly
accountable and the respondent shows an intent to commit material gain, graft
and corruption
d)
The dishonest act exhibits moral depravity on the part of the respondent
The presence of any one of the following attendant circumstances in the commission of
the dishonest act would constitute the offense of SIMPLE DISHONESTY:
a)
The dishonest act did not cause damage or prejudice to the government
b) The dishonest act has no direct relation to or does not involve the duties and
responsibilities of the respondent
c) In falsification of any official document where the information falsified is
not related to his/her employment
d)
That the dishonest act did not result in any gain or benefit to the offender
e)
"It (moral turpitude) implies something immoral in itself, regardless of the fact
that it is punishable by law or not. It is not the prohibition by statute that fixes
moral turpitude but the nature of the act itself."
(ROBREDILLO, Mario, CSC Resolution No. 00-0657, March 10, 2000 citing DELA
TORRE vs. COMELEC, 258 SCRA 483]
FALSIFICATION OF PUBLIC DOCUMENTS
Falsification as a rule is the misrepresentation of a thing, fact or condition, certifying that
a thing is true when it is not, whether one has the right to make the representation or
certificate. As applied to a public document, in order that said act be punishable, it is
immaterial whether it has caused damage to a third person or not. This is because
falsification of public documents is controlled by other principles distinct from those
applicable to private documents.
[U.S. vs. BUENAVENTURA, 1 Phil. 433]
ENGAGING DIRECTLY OR INDIRECTLY IN PARTISAN POLITICAL
ACTIVITIES BY ONE HOLDING NON-POLITICAL OFFICE
The term "election campaign" or 'partisan political activity' refers to an act designed to
promote the election or defeat of a particular candidate or candidates to a public office.
[BUGTONG, Diosdado, CSC Res. No. 97-0807, January 28, 1997 citing Section 79 of
the Omnibus Election Code of the Philippines (Batas Pambansa Bilang 881)]
NEPOTISM
All appointments in the national, provincial, city and municipal governments or in any
branch or instrumentality thereof, including government-owned and controlled
corporations, made in favor of a relative {within the third degree} of the appointing or
recommending authority, or of the chief of the bureau or office, or of the persons
exercising immediate supervision over him, are hereby prohibited.
[Section 22 (q), Rule XIV, Omnibus Rules Implementing Book V of Executive Order No.
292 (Administrative Code of 1987)]
REFUSAL TO PERFORM OFFICIAL DUTY
2.
Claims the existence and justness of which are admitted by the debtor.
[Section 22. Rule XIV, Omnibus Rules Implementing Book V of Executive Order 292
(Administrative Code of 1987)]
Definition:
The term Sexual Harassment has varying definitions depending on what type of case will
be instituted. If the case is criminal in nature, the definition under RA 7877 applies, thus,
all elements thereof must be present for purposes of conviction. On the other hand, the
administrative offense of sexual harassment is defined under the Administrative
Disciplinary Rules on Sexual Harassment cases promulgated by the Civil service
Commission (CSC Resolution No. 01-0940) which conspicuously deviated from the
stringent requirements of RA 7877 insofar as the elements of the offense are concerned.
Sexual Harassment as a criminal offense is defined as a work, education or training
related act committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor or any person who, having
authority, influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is accepted by
the object of said act.
Sexual Harassment as an administrative offense is defined as an act, or a series of acts,
involving any unwelcome sexual advance, request or demand for a sexual favor, or other
CSC Memorandum Circular No. 19, s. 1994 (CSC Res. No. 94-2854)
Based on the broad mandate given by RA 6713 and EO 292 to the CSC to
adopt positive measures to promote the observance of the standards of
personal conduct of officials and employees in the civil service and to
adopt measures to promote morale, efficiency, integrity, responsiveness
and courtesy in the civil service.
Was issued before the enactment of RA 7877
It characterizes sexual harassment as either grave misconduct, conduct
prejudicial to the best interest of the service or simple misconduct.
In its definition of sexual harassment the element of moral ascendancy,
influence or authority of the offender was not present.
2.
RA 7877 (1995)
Was issued pursuant to RA 7877 for the guidance of the CSC personnel.
Adopts both the definitions of MC 19 and RA 7877 and likewise
considers authority, influence or moral ascendancy as elements of the
offense.
4.
6. The Revised Penal Code which classifies the acts that may
constitute Sexual Harassment as follows:
a. Unjust Vexation Any human conduct which,
although not productive of some physical or material harm
would, however, unjustly annoy, vex, irritate, torment,
distress or disturb the mind of an innocent person to whom
it is directed. Violence and intimidation are not necessary.
b.
Slander by Deed
c.
Acts of Lasciviousness
d.
Oral Defamation
e.
Coercion
Another message conveyed seems to be that these acts are minor or trivial thus almost
compelling us to be dismissive about them. Not surprisingly, we call as tsansing that
seemingly accidental brushing of a man's arm against a woman's breast.
Indeed, these acts may appear to be accidental or innocent or excusable to the outsider,
particularly when the form in which they come does not involve our concept of "erotic"
contact, thus allowing conflicting interpretations of the significance of the act.
On the part of the person who experienced it, the characterization of the act as tsansing
may lead to ambivalence about what it was the she actually experienced despite that,
deep down, she felt some discomfort or knew there was something wrong about the act.
The trivialization of sexual harassment is evident in people's common responses to
complaints of abuse. Responses like, "Wala yon, binigyan mo lang ng malisya", "Maliit
na bagay pinapalaki mo", "Makukuha lang yan sa paligo", "Wala namang nawala sa yo",
"Ipasadiyos mo na lang" are classic expressions of our cultural values and our acceptance
of these acts as daily, normal occurrences.
The effect of these responses to victims is often discouraging, if not devastating. It makes
the victim doubt the validity of their experience and fear non-belief if ever they report, as
well as aggravates their feeling of shame about the experience. It often leads to delay in
reporting the abuse or silences victims effectively.
The term "Sexual Favor" is viewed as excluding other sexual advances. It seems that
what are clearly "sexual" acts are those acts related to sexual relating or sexual intimacy
kissing on the lips, fondling of breasts and physical contact with the penis or vagina.
The characterization of the act as "sexual" or "non-sexual" often arises as an issue when
the acts involved are what many consider as ambivalent acts placing an arm around
another's shoulders, a look or a stare (dirty or malicious), comments about a person's
looks or body (compliment or lewd) or about sex, queries about a person's sex life, etc.
The problem is the concept of "sexual". What makes conduct "sexual harassment" is not
so much dependent on the part of the body touched or whether there was physical
contact. The key is the character of the conduct.
Conduct is "sexual harassment" when the sex and sexuality of the person and everything
culturally related to it is made the object of the conduct, as something desired to be
obtained or trivialized with, whether through physical, verbal and other forms of conduct.
The "Filipina of decent repute" doctrine
This doctrine reasons out that no young and decent Filipina would publicly admit that she
was ravished and her honor tainted unless such was true, for it would be instinctive for
her to protect her honor and that considering the inbred modesty and the consequent
revulsion of a Filipina against airing in public things that affect her honor, it is hard to
conceive that complainant would reveal and admit the ignominy she had undergone if it
were not true. (CSC Res. No. 000033)
The normal reaction standard
There is no standard behavior for persons confronted with a shocking incident and that
the workings of a human mind when placed under emotional stress are unpredictable and
cause different reactions. (People vs. Layagum, 261 SCRA 339) However, in deciding
sexual harassment cases, the CSC used the normal reaction standard. It found the
complainant's behavior after the alleged incident that of signing her name on the
attendance logbook and acting as if nothing happened as contrary to the normal
reaction of a person who had just been sexually harassed.
The Commission opined that a person who had been sexually assaulted would not be
concerned with anything else but securing her safely (CSC Res. No. 983068).
Testimonial credibility
As the case usually involves two persons, the offender and the offended party, the truth
could be discerned from the manner by which the parties give their testimonies during the
hearing. In one case, the Commission considered straightforward, spontaneous, detailed,
convincing and natural testimony as indicia of truthfulness (CSC Res. No. 990835).
Delay in reporting
Strictly speaking, there is no time period within which he or she is expected to complain
through proper channels. The time to do so may vary, depending upon the needs,
circumstances and more importantly, the emotional threshold of the employee (Phil.
Aeolus Automotive United Corp. vs. NLRC and Rosalinda Cortez, GR No. 124617 (April
28, 2000).
The CSC itself did not consider as fatal complainant's delay in reporting, the reasons for
which were given (CSC Res. No. 973277). But in two cases, the Commission considered
reporting to the authorities at once as indicia of truthfulness (CSC Res. No. 990436, CSC
Res. No. 966213)
The Rules of Court apply suppletorily to proceedings in administrative bodies, hence,
portions thereof pertaining to evidence may be invoked in administrative sexual
harassment cases.
1.
in the premises of the workplace or office or of the school or
training institution;
2.
in any place where the parties were found as a result of work or
education or training responsibilities or relations;
3.
4.
while on official business outside the office or school or training
institution or during work or school or training-related travel;
II.
5.
6.
Forms of Commission
Section 5.
(a)
Malicious Touching;
ii.
iii.
(b) Verbal, such as but not limited to, requests or demands for sexual
favors, and lurid remarks;
(c)
Use of objects, pictures or graphics, letters or writing notes with
sexual underpinnings;
(d)
III.
Persons Liable
(b)
Investigate sexual harassment complaints in accordance with the
prescribed procedure;
(c)
Submit a report of its findings with the corresponding
recommendation to the disciplining authority for decision;
(d)
Lead in the conduct of discussions about sexual harassment within
the agency or institution to increase understanding and prevent incidents
of sexual harassment;
Localized Committees on Decorum and Investigation established in the regional
or field offices, as the case may be, of the agency or institution shall have the
same functions as stated above and shall submit the report of investigation with
its recommendation directly to the disciplining authority.
When a member of the Committee is the complainant or the person complained of
in a sexual harassment case, he/she shall be disqualified from being a member of
the Committee.
Section 8.
Composition. In a work-related environment, a Committee on
Decorum and Investigation shall be composed of at least one (1) representative
each from the management, the accredited union, if any, the second level
employees, and from the first level employees, duly selected by the unit
concerned.
In an educational or training institution, the Committee shall be composed of at
least one (1) representative from the administration, the trainers, teachers,
instructors, professors or coaches, and students or trainees, as the case may be,
duly selected by the level concerned.
Section 9.
The agency may formulate its own rules governing the term of
office of its members which should be more than two years, and other matters
pertaining to the functions of the Committee not otherwise provided in these
Rules.
V.
VI.
VI.
Complaint.
(a)
The complaint may be filed at any time with the disciplining
authority of the office or agency, or with the Committee on Decorum and
Investigation. Upon receipt of the complaint by the disciplining authority
of the office or agency, the same shall be transmitted to the Committee on
Decorum and Investigation, if there is any. In the absence of a Committee
on Decorum and Investigation, the head office or agency shall
immediately cause the creation of Committee on Decorum and
Investigation in accordance with the law and rules, and transmit the
complaint to the Committee.
(b)
The complaint must be in writing, signed and sworn to by the
complainant. It shall contain the following:
1.
2.
3.
4.
5.
If a prima facie case is established during the investigation, a formal charge shall
be issued by the disciplining authority within three (3) working days from receipt
of the Investigation Report.
In the absence of a prima facie case, the complaint shall be dismissed within the
same period.
Section 18.
Formal Charge.
The Committee on Decorum and Investigation shall not entertain requests for
clarification, bills of particulars or motions to dismiss which are obviously
designed to delay the administrative proceeding. If any of these pleadings is filed
by the respondent, the same shall be considered as part of his/her answer which
he/she may file within the remaining period for filing the answer.
Section 19. Answer. The answer which must be in writing and under oath,
shall be specific and shall contain material facts and applicable laws, if any,
including documentary evidence. sworn statements covering testimonies of
witnesses, if there be any, in support of respondent's case. If shall also include a
statement indicating whether he/she elects a formal investigation.
Section 20. Failure to File an Answer. If the respondent fails or refuses to
file his/her answer to the formal charge within seventy-two (72) hours from
receipt thereof without justifiable cause, he/she shall be considered to have
waived his right thereto and formal investigation may commence.
Section 21.
Preventive Suspension.
stipulation of facts;
b.
simplification of issues;
c.
d.
e.
f.
g. such other matters as may aid in the prompt and just resolution of the
case.
The parties may submit position paper/memoranda and submit the case for
resolution based on the result of the pre-hearing conference without any need for
further hearing.
Section 26.
Continuous Hearing Until Terminated; Postponement.
Hearings hall be conducted on the hearing dates set by the Committee on
Decorum and investigation or as agreed upon during a pre-hearing conference.
Where no pre-hearing conference is conducted, the parties, their counsels and
witnesses, if any, shall be given a notice of at least five (5) days before the first
scheduled hearing specifying the time, date and place of the said hearing and
subsequent hearings. Thereafter, the schedule of hearings previously set shall be
strictly followed without further notice. A party shall be granted only three (3)
postponements upon oral or written requests. A further postponement may be
granted only upon written request and subject to the discretion of the Committee
on Decorum and investigation.
If the respondent fails to appear during the scheduled hearings despite due notice,
the investigation shall proceed ex-parte and the respondent is deemed to have
waived his right to be present and to submit evidence in his favor during those
hearings.
Section 27. Preliminary Matters. At the start of the hearing, the Committee
on Decorum and Investigation shall note the appearances of the parties and shall
proceed with the reception of evidence for the complainant.
If the respondent appears without the aid of a counsel, he/she shall be deemed to
have waived his/her right to counsel.
Before taking the testimony of a witness, the Committee on Decorum and
Investigation shall place him/her under oath and then take his/her name, address,
civil status, age, and place of employment.
Section 28. Appearance of Parties.
Any person representing any of the parties before any hearing or investigation
shall manifest orally or in writing his/her appearance for either the respondent or
complainant, stating his/her full name and exact address where he/she can be
served with notices and other documents. Any pleading or appearance made
without complying with the above stated requirements shall not be recognized.
Section 29. Order of Hearing. Unless the Committee on Decorum and
Investigation directs otherwise, the order of hearing shall be as follows:
a.
b.
c.
d.
the issuance of the necessary subpoena, at least three (3) days before the
scheduled hearing.
Section 33. Issuance of Subpoena. The Committee on Decorum and
Investigation may issue subpoena ad testificandum to compel the attendance of
witnesses and subpoena duces tecum for the production of documents or objects.
Section 34. Records of Proceedings. The proceedings of the formal
investigation must be recorded either through shorthand or stenotype or by any
other method.
Section 35. Effect of the Pendency of an Administrative Case. The
pendency of any administrative case shall not disqualify the respondent for
promotion or from claming maternity/paternity benefits. For this purpose, an
administrative case shall be construed as pending when the disciplining authority
has issued a formal charge.
Section 36.
Within fifteen (15) days after the conclusion of the formal investigation, a report
containing a narration of the material facts established during the investigation,
the findings and the evidence supporting said findings, as well as the
recommendations, shall be submitted by the Committee on Decorum and
Investigation to the disciplining authority. The complete records of the case shall
be attached to the Report of Investigation.
The complete records shall be systematically and chronologically arranged,
paged, and securely bound to prevent loss. A table of contents shall be prepared.
Whoever is in charge of the transmittal of the complete records shall be held
responsible for any loss or suppression of pages thereof.
Section 37. When Case is Decided. The disciplining authority shall render
his decision on the case within thirty (30) days from receipt of the Report on
Investigation.
Section 38. Finality of Decisions. A decision rendered by heads of agencies
where a penalty of suspension for not more than thirty (30) days or a fine in an
amount not exceeding thirty (30) days salary is imposed, shall be final and
executory.
However, if the penalty imposed is suspension exceeding thirty (30) days or a fine
exceeding thirty (30) days salary, the same shall be final and executory after the
sexual assault;
3.
malicious touching;
Less Grave Offenses shall include, but are not limited to:
1.
2.
C.
4.
5.
6.
7.
8.
Administrative Liabilities
Section 54. The head of office who fails to act within fifteen (15) days from
receipt of any complaint for sexual harassment properly filed against any
employee in that office shall be charged with Neglect of Duty.
Section 55. Any person who is found guilty of sexual harassment shall, after the
investigation, be meted the penalty corresponding to the gravity and seriousness
of the offense.
Section 56.
follows:
A.
The penalties for light, less grave, and grave offenses are as
For light offenses:
1st offense Reprimand
2nd offense Fine or suspension not exceeding thirty (30) days
3rd offense Dismissal
B.
1st offense Fine or suspension of not less than thirty (30) days
and not exceeding six (6) months
2nd offense Dismissal
C.
Section 57. If the respondent is found guilty of two or more charges or counts,
the penalty to be imposed should be that corresponding to the most serious charge
or count and the rest shall be considered as aggravating circumstances.